II, 1(d) and RCW 29A.72.030). 354). Allowed to pay another for their signature: Prohibited (O.R.C. 3519.05; 3501.38). Submission deadline of signatures: At least 131 days prior to the next general election the measure is to be voted on (Cal.Elec.Code 9016; Cal.Const. 1953 20A-7-202). Citizens come up with and vote on their own laws Pros: 1. 53 7). Art. Proponent financial disclosure requirements: Sponsoring committee must file a statement of renumeration prior to circulating signatures if circulators will be paid (NDCC 16.1-01-12(1)(j)). 5, 1 and A.C.A. 250.015; 250.052). Proponent organization and requirements: Original filing must include a notarized form with the names and addresses of the petition sponsors (SDCL 2-1-3.1). If the legislature rejects the measure, the legislature may propose an alternative measure (with the approval of the governor), and it will appear on the ballot along with the original initiative. 6, 1; U.C.A. Proponent financial disclosure requirements: Include but may not be limited to each political committee filing with the secretary of state a statement of organization no later than 10 days after receiving at least $200 in contributions or spending at least $200, and any political committee or individual spending at least $200 must file monthly financial reports with the secretary of state (Miss. 34-1803B). Considered a committee if individual raises or spends more than $5,000. For indirect initiatives, about nine months (proposed measure submitted within 10 months of the session it is to be submitted at with a deadline of 10 days before the session) (RCWA 29A.72.030). Art. XI, 2). Where to file with: Secretary of state (Miss. Which election: General election, or at a special election ordered by the general assembly (Const. The veto power may be exercised only against entire bills, and it may not be exercised upon sections of bills except in the case of appropriation bills (1963 Alas. 7-9-111). Oregon Secretary of State Administrative Rules 116.17). Art. The timelines for signature gathering for popular referenda differ significantly from those for initiatives. Secretary of state and attorney general jointly make a more descriptive ballot question summary to be sent to voters. One year, but proponents must submit to the county officials no sooner than nine months and no later than four weeks prior to the final deadline. Allowed to pay another for their signature: Prohibited (IC 34-1821). Seven states require filing an initial number of signatures or registering of sponsors as part of an application to fully circulate an initiative: Four states require a filing fee in statute: RCWA 29A.72.010; 43.07.120; 29A.72.020; 29A.72.040. 1(5)). 23-17-5). In Nebraska, the total number of signatures is based upon the total number of registered voters in the state. 3, 52). Art. Some plebiscites have gained international attention since the late 1970s, because they dealt with matters of great concern to large groups of people. Art. 4, Pt. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient. (Note: This provision was found unconstitutional by a superior court judge, affirmed by the state supreme court in August 2020.) Art. Ballot title and summary: Secretary of state drafts title (21-A MRS 905-A and 906). Constitution 48, Init., Pt. Geographic distribution: For indirect statutory initiatives, signatures must be collected from at least 44 of 88 counties, equaling 1.5 % of the votes cast for governor in each county in previous election. In every state, petitions must follow guidelines, which vary by state. 23-17-29), Missouri (V.A.M.S. Proponents of an initiative, referendum, or recall effort must apply for an official petition serial number from the Town Clerk. Types allowed: Direct initiative for statute and constitutional amendment, and popular referendum, Single subject rule: Yes (Ne.Rev.St. Petition title and summary creation: Attorney general certifies submitted title and measure and summary by secretary of state, with attorney general oversight (M.G.L.A. Const. Art. 8). Majority to pass: Majority only, but the election must have at least 50 % voter turnout (OR CONST Art. Understanding the Ballot Initiative Process - ThoughtCo Timeline for taking effect: Thirty days after the election at which it was approved (Const. Art II, 9). Const. Paid per signature: Cannot be paid based on the number of signatures collected, but can be paid in general as long as disclosing with the secretary of state prior to collecting signatures (NDCC, 16.1-01-12; Initiative and Referendum Institute v. Jaeger, 2001). Art. Circulator requirements: Maine resident who is a registered voter (21-A MRSA 903-A), Circulator oaths or affidavits: Yes (M.R.S.A. Law 13-202). 3501.38). Submission deadline of signatures: Filed four months before election, and have been published in newspaper at least 30 days prior (Ark. Petition title and summary creation: Sponsors draft title (Const. 1953 20A-6-106; 20A-7-206). Who can sign the petition: Qualified voters (Const. 19, 3; Art. Art. (21-A M.R.S.A. In order to suspend effectiveness of the act pending a vote, signature requirement is 10% (Const. II, 9(b)) and eligible registered voters (Elec. 3; Const. Nebraska: The revisor of statutes reviews and recommends revisions with respect to form and draftsmanship. The legislature has 40 days to pass the unchanged initiative. Art. Application process information: A prospective petition must be filed with the secretary of state. Petition title and summary creation: Petition includes the title of the referred law (SDCL 2-1-3.1). XVI, 1), Timeline for taking effect: Thirty days after the election (Ohio Const. Art. Seven states (Alaska, Arkansas, Colorado, New Mexico, North Dakota, Ohio and Oregon) allow sponsors extra time to gather additional signatures if the petitions submitted are insufficient. 34-1812c, Maine: 21-A M.R.S.A. Art. Most states require proponents of a proposed law to follow guidelines. What is on each petition: Contains a summary of the subject matter, warning to signers and a statement as to paid circulators (Const. Art. (21-A MRS 905). Legislature or other government official review: Office of Legislative Research and General Counsel prepares an impartial analysis of the measure, to be included in voter pamphlet. 1953 20A-7-202). Law 6-207(c)). Art. M.G.L.A. Const. Art. Verification: For each signature, county clerk verifies if the person is a registered voter (Utah Code 20A-7-306(3) and -306.3). 116.334). Withdrawal process of individual signature: Can file a request with the county clerk any time before the petition is filed (NRS 295.055). A deposit of $100 is required; deposit is refunded if the petition is properly filed and retained if it is not properly filed (AS 15.45.260 and .270). Geographic distribution: The required signatures must be distributed equally among all of the petition districts (NRS 295.012 and NRS 293.127563). History of Initiative and Referendum in California - Ballotpedia 1953 20A-7-206). Initiatives and referendums in the United States - Wikipedia 1(9) and ARS 19-112). 14, 3 and see Coalition for Political Honesty v. State Board of Elections (1976). Timeline for collecting signatures: Once the petition is approved and a serial number is issued, sponsors have until 5 p.m. on the 90th day after the legislature session adjourns. Proponent organization and requirements: Sponsor must file an affidavit that s/he is a registered voter (RCW 29A.72.010). Verification: The circuit clerk of each county in which the petition was circulated will verify the name of every qualified voter who signed the petition (Miss. Petition sheets will always include space for signatures. Must file a statement of organization as a political committee within two weeks of organizing or within two weeks of the date the first contribution or expenditure is expected. 218D.810; 293.267). Art. Application process information: No fees or application, Where to file with: Secretary of state (M.C.L.A. Allowed to pay another for their signature: Prohibited (SDCL 12-26-15). 1(9)). Measure provisions cannot be dependent upon meeting certain vote percentage. Time period restrictions before placed on the ballot: Signatures must be verified no later than Feb. 1 of the year of the general election (F.S.A. Must file a statement of organization as a political issues committee no later than seven days after receiving contributions or making expenditures totaling at least $750, and annually by 5 p.m. on Jan. 10 thereafter, unless it has filed a notice of dissolution. Public review or notice: At least seven public hearings are held on the propositions before circulation in designated regions. For constitutional amendments, 8 % of the total votes cast for all candidates for governor in the last general election (OR CONST Art. The guidelines for the format and content of petitions vary by state. Application process information: The proponent must file with the secretary of state a typewritten copy of the measure, accompanied by an affidavit that the sponsor is a qualified elector of this state as well as the fiscal requirements of the measure and the source of the revenue needed, and not less than 90 days before first day of legislature (Miss. Timeline for taking effect: An act rejected by referendum is void 30 days after certification. Where to file with: Legislative Research Council, attorney general and secretary of state (SDCL 12-13-25.1; 12-13-26). Rev. What Is A Recall, Referendum And Initiative? - ElectionBuddy 15, 273). St. 32-630; 32-628). An optional random sampling process must be provided. Federal courts have invalidated payment-per-signature bans in Colorado, Idaho, Maine, Mississippi, Ohio and Washington. And no measure that names an individual to hold office or names private corporation to perform any function (Cal.Const. LXXXI, 4). Art. For initiated state statutesorveto referendums, signatures must be gathered from 5% of qualified electors in each of one-third (34) of the state's 100 legislative districts (MT CONST Art. Who can sign the petition: Legal voters (IC 34-1805 and -1814). Art. 3517.01, .08, .10, .11, 12, .13, .20, .092, .093, .102, .105; O.H.R. Withdrawal process of individual signature: Any person who alleges they signed as a result of fraud, coercion, or being intentional misleading as to the substance or effect of the petition, may withdraw their signature by filing an affidavit with the secretary of state any time before the secretary of state has accepted and filed the petition (Miss. The legislature may submit a competing measure to the ballot (M.G.L.A. Can only be changed by a vote of the people, Two-thirds vote (or majority after seven years), Two-thirds vote (or majority after two years), Select a State with Citizen Initiatives to Learn More, Petition Review, Creation and Public Notice, Petition Review, Creation, and Public Notice, >Petition Review, Creation and Public Notice, States with citizen initiatives (24): Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Maine, Massachusetts, Michigan, Missouri, Mississippi, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington, Wyoming. 295.056). Art. Art. Withdrawal process of individual signature: A voter may have their signature removed by submitting a statement requesting such to the county clerk no later than the earlier of 14 days after the day the voter signs a statement requesting removal or 45 days after the clerk posts the voter's name under 20A-7-306(3)(c). Repeal or change restrictions: Only laws that change vote requirements require a supermajority (OR CONST Art.II, 23; Art. 1953 20A-7-203). Must contain only subjects that are related or mutually dependent. 3, 20 and 21-A MRSA 901). Either way, the measure is put before the people (MS Const. Does the law in question take effect before the referendum vote: If a petition has signatures from 10% of the state's registered voters, it shall suspend the taking effect of such act or part of act (except emergency acts or those for the immediate preservation of the public peace, health, or safety) until the same has been approved by the electors of the state (Const. However, the bans in North Dakota and Oregon were upheld by federal circuit courts. Const. No person shall qualify as a petition circulator who has been convicted of, found guilty of or pled guilty to an offense involving forgery under the laws of this state or an offense under the laws of any other jurisdiction if that offense would be considered forgery under the laws of this state (Mo.Rev.Stat. Const. Verification: By actual count (as opposed to random sampling), but this is not spelled out in statute. 48, Pt. Art. Then Art. Amend. . 19-111; 19-124). 168.22e; 168.476; 168.477; 168.480, Montana: MCA 13-27-401; 13-27-402; 13-27-410; 13-27-311, Nebraska: Neb. Const. Code 9610). A legislature committee also reviews the measure by a deadline (N.R.S. 3519.08). 2, 8; Cal.Elec.Code 9016. What is on each petition: Petition includes original bill number, title and affidavit signed by no more than three proponents file the measure (34 OS 1). For amendments, 10 % of the total qualified electors of the state (MT CONST Art. Monthly reports are due on the 10th for any preceding month in which total contributions received or total expenditures made exceed $200. Secretary of state, official committee that filed and approved by attorney general. Who can sign the petition: Qualified registered voters (Wyo. Arkansas: Exact petition copy filed with secretary of state (A.C.A. Number of signatures required: 5% of votes cast for all candidates for governor at the last gubernatorial election (Const. V, 3). Art. To place amendment on ballot, legislature must pass resolution with three-fifths majority (F.S.A. 116.080). If more than one-third but less than the full number of the signatures required is submitted by June 1, the time for the law to take effect and the time for the filing of the remaining required signatures is extended to June 30 (Const. Code 107, 18680. 48, Init., Pt. The idea of referendums, recall, and initiative was one to give voters greater power over legislation and the lawmakers and politicians who served them. Which election: General election, unless the legislature orders a special election (Const. Paid per signature: Yes, "No law shall be passed to prohibit any person or persons from giving or receiving compensation for circulating petitions." Types allowed: Direct initiative for statutes and amendments and popular referendum, Single subject rule: Constitutional amendments only, not statutes (A.R.S.
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