Disclosure of advertisements is required (ARS 19-925). 19, 2; N.R.S. XVI, 4 and Elec. Submit initiative draft to the Attorney General for official title and summary . Timeline for collecting signatures: For direct constitutional amendments, nine months and three weeks. II, 9(c)). 4 1, Part 1(6B), (6C) and (6D). Law 6-201 and -202, Massachusetts: Const. 100.371), Fiscal review: Yes, by the Financial Impact Estimating Conference (F.S.A. Reports of contributions and expenditures are due quarterly in calendar years without elections. Code 9604). Proponent financial disclosure requirements: Include but are not limited to reporting for contributions over $1,000, restrictions on what organizations can support, disclosure statements, semi-annual and pre-election statements, quarterly ballot measure statements, expedited and triggered statements and more (Cal.Gov.Code 82013, 84200, 84202.3, 85309, 84511, 84101, Cal.Elec.Code 18680; Form 460). Art. Law 7-105. Code Ann. Const. 273; Miss. Const. And must be filed four months before election. Cannot relate to: religion, the judiciary, specific appropriations, local or special legislation, the 18th Amendment of the constitution, anything inconsistent with the Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts (M.G.L.A. 5, 1 and A.C.A. 3519.07). 3, 50; V.A.M.S. Art. Sometimes initiatives are first submitted to a legislature. What is on each petition: The format follows statute guidelines, must be notarized, must have specific language including legal warning, ballot title and abstract from fiscal impact statement (CRS 1-40-110, 1-40-105.5). III, 6). 3, 1; Art. 130.110; 130.120; 130.029; 130.046; 130.041, Nevada: N.R.S. Withdrawal of petition: May be withdrawn by any of the people authorized to do so at the time of filing; withdrawal is made via a form prescribed by the secretary of state (NRS 295.026). Amend. Vote requirement for passage: Majority (Const. Updated on June 03, 2021. Reports of contributions and expenditures are due on the 12th day before an election, the 38th day after an election and the last business day of January and July of every year (ORC 3517.10). Where to file: Secretary of state (Const. Cal.Elec.Code 9005; Cal.Gov.Code 12172. M.G.L.A. 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206). Art. 3, 5). IV, 1). III, 3 and 4). 2; Neb. Under the optional referendum, a specified number of voters may, by petition, demand a popular vote on a law passed by the legislature (a process similar to the initiative). 1-40-108). Direct democracy is the term we in government use to describe the ability of the voters to take matters into their own hands. 1953 20A-7-201). Time period restrictions before placed on the ballot: There must be at least 31 days after the measure qualifies before the election (Const. Art. 1(3)). Art. Seventeen states do not provide for any limitation on attempting to repeat a specific measure: Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Maine, Michigan, Missouri, Montana, Nevada, Ohio, Oregon, South Dakota and Washington. Repeat measures: 5 years on any measure that is "substantially the same as that defeated by" the previous measure (W.S.1977 22-24-301). 907; Const. The timelines for signature gathering for popular referenda differ significantly from those for initiatives. Art. 3, 50 and V.A.M.S. 3, 5). Sponsor, approved by secretary of state, reviewed by attorney general, 10 ILCS 5/28-5; 10 ILCS 5/16-6; 5 ILCS 20/2. 19-125), Time period restrictions before placed on the ballot: No statute, Conflicting measures: The measure that receives the greatest number of affirmative votes (A.R.S. The next general election after signature petitions filed, a legislative session has convened and adjourned, and 120 days after the legislative session adjournment. Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state. Const. 22-25-106). 3, 5). XVI, 4). Non-resident circulators and all paid circulators must register with the secretary of state before circulating petitions; it is the sponsoring committee's responsibility to collect and submit the completed registrations. 3, 4; Art. Art. 19, 1), Proponent organization and requirements: Must file any PACs formed to advance the measure and authorize no more than three people to withdraw or amend the petition (N.R.S. XLVII, Pt. If a petition is insufficient, a period of 20 days is allowed for correction. 34-1805). 295.009. Verification: Secretary of state verifies with help of county clerks. XI, 7 and AS 15.45.250). Amend. 3519.03; 3519.01; 3519.062; 3505.063). II, 1(d) and RCW 29A.72.030 and .160). III, 52(c); Wyo Stat. 12, 2. For example, Australia defines 'referendum' as a vote to change the constitution and 'plebiscite' as a vote which does not . Stat. Amend. 34-1803b). Original geographical requirement found unconstitutional. May only be attempted once every three years. 116.090). Attorney general writes title and summary if original is challenged in court. Art. Const. Which election: The secretary of the commonwealth shall submit such law to the people at the next state election (Const. 250.045; 250.067; 250.035; 250.036; 250.075). IV, 1(3)). To re-enable the tools or to convert back to English, click "view original" on the Google Translate toolbar. To share with more than one person, separate addresses with a comma. Signature pages must include description of subject and purpose of petition, a fair and accurate summary or the full text, a statement to which each signer subscribes, spaces for signatures, spaces for signers' county and space for the required affidavit. Majority to pass: Yes (OH Const. 5, 1). In every state, a constitutional amendment requires a vote of approval. Withdrawal of petition: Any time more than 70 days before the election, a majority of the members of the committee that represents the petition may withdraw the petition by providing written notice to the secretary of state (ORC 3519.08). Reports of State Question Communications are required if aggregate expenses for a communication made at least 15 days before the election equal to exceed $5,000. 23-17-57; Term Limits Leadership Council v. Clark, 1997). St. 32-1405). Vote requirement for passage: Majority (Const. Fiscal review: The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. Proponent financial disclosure requirements: Include but may not be limited to statewide ballot question committee must file pre-primary, pre-general, year-end and, if applicable, supplemental report and amendments (SDCL 12-27-22; SDCL 12-27-3). Art. 7-9-114. Which election is a measure on: Regular election unless otherwise ordered by Legislative Assembly (OR CONST Art. A yes vote approves the referred act, and a no vote rejects it. Repeal or change restrictions: None (Const. 23-17-43). Repeal or change restrictions: The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters (Const. Does the law in question take effect before the referendum vote: The sections of a law subject to a referendum do not. Campaign statements must be filed by the 11th day before the election, the thirtieth day after the election, April 25 and July 25 every year, Oct. 25 in odd-numbered years. 48, Init., Pt. 48, Init., Pt. 19, 2; N.R.S. Timeline for taking effect: Effective 90 days after certification (Const. 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). Withdrawal of petition: Anytime more than 70 days before the election, a majority of the committee members may withdraw the petition by writing to the secretary of state (O.R.C. Art. 7-9-108). Where to file: Secretary of state (Const. Const. Prepared by state auditor, and proponents may submit proposed review. 19-121), Which election is a measure on: Next general election after filing (A.R.S. Geographic requirements based on U.S. House districts, which must be highly equal in population, have been ruled constitutional. IV, 1(3)). In 18 states, the application to circulate a popular referendum petition is filed with the chief election officer. For direct initiatives, signatures must be submitted by April 15 immediately before the next general election (U.C.A. 4, Pt. Code 84107). II, 9 and Mich. Comp. St. 32-628; 32-1546). For indirect statutory initiatives, roughly 11 months and two weeks (N.R.S. Const. 15, 273). 14, 3), Who can sign the petition: Registered Illinois voters (ILCS Const. What is on each petition: Must include a summary of not more than 100 words of the purpose of the proposed question, statement by signers, warning and check boxes to indicate whether circulator is paid or volunteer (MCL 168.482). 2, 9). 34-1802). II, 1g; O.R.C. 6, 22), Other Subject restrictions: No restrictions (See U.C.A. Code 84101). However, the bans in North Dakota and Oregon were upheld by federal circuit courts. Must include a warning about unlawful signing, a circulator affidavit and a notification as to whether the circulator is paid or volunteer. 2, 3; Amend. 4, 2; Constitution 48, Init., Pt. XI, 3 and AS 15.45.320(5)). Petition title and summary creation: Petition must include a summary of 100 words or less (MCL 168.482). 19, 3; Art. Who creates petitions: Proponents (A.C.A. Art. 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706, Washington: RCWA 29A.32.010; 29A.32.031; 29A.32.040; 29A.32.070; 29A.32.080, Arkansas (Arkansas Const. 21 1), Timeline for taking effect: Upon proclamation of the governor (A.R.S. Art. Timeline for collecting signatures: Time limit for circulation begins with the first signature on a petition and ends 14 days after that. AB 45; 30). Number of signatures required: 15% of the total ballots cast in the previous general election (Const. This practice was first adopted by the state of Connecticut in 1818, and by the 20th century it had become the prevailing way of changing constitutions. Circulator oaths or affidavits: Yes (Ark. Const. and more. Timeline for taking effect: The first day of July after the completion of the official canvass (SDCL 2-1-12). The ballot initiative, a form of direct democracy, is the process through which citizens exercise the power to place measures otherwise considered by state legislatures or local governments on statewide and local ballots for a public vote. referendum: [noun] the principle or practice of submitting to popular vote a measure passed on or proposed by a legislative body or by popular initiative. 353, M.G.L.A. Monthly reports are due on the 10th for any preceding month in which total contributions received or total expenditures made exceed $200. Public review or notice: Thirty day comment period, with comments published along with explanatory statement and fiscal review, publicly accessible on internet and in a pamphlet. Subject restrictions: Prohibited subject areas include general appropriation laws; laws providing for the preservation of the public peace, health or safety; for the payment of the public debt or interest thereon, or the creation or funding of the same, except as in this constitution otherwise provided; for the maintenance of the public schools or state institutions, and local or special laws (Const. Art. Submission deadline for signatures: Not more than 90 days after the final adjournment of the session of the general assembly that passed the bill on which the referendum is demanded (Colo. Const. Code Ann. 168.22e; 168.476; 168.477; 168.480, Montana: MCA 13-27-401; 13-27-402; 13-27-410; 13-27-311, Nebraska: Neb. 5, 1; C.R.S.A. 901 and 1 M.R.S.A. This database contains information on state processes, including subject matter, petitions, circulator requirements, signature requirements and more. Submission deadline of signatures: Four months prior to the general election (OR CONST Art. A legislature committee also reviews the measure by a deadline (N.R.S. States sometimes limit how soon a measure can be re-attempted. 1-45-103, 1-45-108.3, 1-45-111.5 1-45-117, Maine: 21-A M.R.S.A. Art. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient. 32-1405). Art. A statement of organization is required (Govt. For constitutional amendments, 15 % of legal voters (OK Const. Const. Validity determined by the board of elections. 5, 1). Verification: State Board is empowered to adopt regulations specifying procedures for verifying and counting signatures (Elec. II, 1). 34-1803B). Nebraska Const. 53 7). Stat. Petitions must be submitted to counties for verification four weeks before this deadline. Who creates petitions: Secretary of state (N.R.S. Thirteen states require a simple majority to pass statewide ballot measures: Alaska, Arizona, Arkansas, California, Idaho, Maine, Michigan, Missouri, Montana, North Dakota, Ohio, Oklahoma andSouth Dakota. Rev. 130.110; 130.120; 130.029; 130.046; 130.041). Verification: Each signature is physically counted (34 OS 6.1). Art. Art. Art. Art. 2, 3; M.G.L.A. 19-118; 19-121). 12, 2; M.C.L.A. 1953 20A-7-208; 20A-7-702). 12, 2; M.C.L.A. Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. Allowed to pay another for their signature: Prohibited (NDCC, 16.1-01-12). Circulator oaths or affidavit required: Yes (Const. 22-24-409). NDCC Const. Subject restrictions: Laws immediately necessary for the preservation of the public peace, health, or safety, or for the support and maintenance of the departments of the state government and state institutions are not subject to the referendum (Const. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments, and popular referendum. Art. 4, 1, Pt. 1953 20A-11-101; 20A-11-801; 20A-11-802; 20A-11-803). 250.025), Collected in-person: Yes (O.R.S. Must include official language from attorney general, the measures full text, and the legislative district from which the signatures were collected (I.C. Constitution 48, Pt. 23-17-5). Geographic distribution: The required signatures must be distributed equally among all of the petition districts (NRS 295.012 and NRS 293.127563). 19-121.01). The secretary of state writes arguments for and against the measure with information provided by proponents and opponents (Neb.Rev.St. The sponsor may file a written notice to withdraw the initiative with the secretary of state. which lies the initiative and referendum-the power of the people to make laws. If the attorney general does not approve of the statement, they prepare one themselves (MCA 13-27-312). Art. Constitution 48, Init., Pt. Geographic distribution: From at least 15 of the 29 senate districts, signatures equal to 8% of the number of active voters in the county on January 1 following the last regular general election (Utah Code 20A-7-301(1)). For constitutional amendments, signatures must be gathered from at least 2% of the total registered electors in each state senate district.*. XVI, 5(b) and Elec. Types allowed: Citizen initiative for statutes and popular referendum, Other subject restrictions: No restrictions (Const. V, 1(3)). II, 1(d)). 2, 8; Cal.Elec.Code 9016. A ballot summary is prepared by Department of Legislative Services and approved by attorney general Elec. Art. Art. 3519.16. 3, 50; V.A.M.S. Other Subject restrictions: Cannot dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts, prescribe court rules, enact local or special legislation, or enact legislation prohibited by the Wyoming constitution (Const. IV, 1). Number of signatures required: 4% of the votes cast for all candidates for governor at the last election (Const. 19, 1 and NRS 293.12757). II, 18). 24, 1), Utah (U.C.A. Which election: At the next ensuing election held throughout the state for members of the U.S. House of Representatives (Const. 55 1, 6B, 7A, 18C, 18, Mississippi: Miss. A year after Los Angeles adopted the device, voters in that city recalled a city councilman. 1953 20A-7-203). Final deadline is not less than 120 days before the next general election. Proponent organization and requirements: Must file as political committee (F.S.A. The legislature may submit a competing measure to the ballot (M.G.L.A. Same if an alternate measure is proposed. What was the purpose of implementing referendum recall and initiative quizlet? Verification: The regular boards of judges, clerks and officers count all of them (I.C. Timeline for taking effect: When approved by a majority of voters (Const. The committees select a chair and may prepare arguments and rebuttals, which will be reviewed by the secretary of state for the ballot (N.R.S. Where to file: Secretary of state (NRS 32-1405). 53 7). Which election is a measure on: General election (F.S.A. 3501.38). Timeline for taking effect: 30 days after the election (Const. 23-17-57), Number of signatures required: Twelve % of the total votes cast in the last gubernatorial race for governor (MS Const. In the United States, during the 1982 congressional elections, there were successful, nonbinding plebiscites in several states and municipalities on the issue of a nuclear weapon freeze. Paid per signature: No ban, but must state employer if paid (O.R.C. There is a 15-day cure period after a statement of insufficiency is issued by the secretary of state, and proponents may deliver additional signatures during this time. 250.015; 250.052). Administrative rules 5:02:08:09 and 5:02:08:07.02 require that circulators sign affidavit as well. For indirect statutory initiatives, the timeline begins on Jan. 1 of the year preceding year in which a regular session of the legislature is held and then filed by the second Tuesday of November in an even-numbered year, or the next day (N.R.S. Must file a statement of organization within 20 days of becoming a committee. What is on each petition: Full text of proposed amendment for amendments, a prescribed warning, and follow other guidelines such as form (M.C.L.A. 7-9-104), California (Cal.Elec.Code 9001, 9004; Cal.Const. Other subject restrictions: Amendments that propose a tax or fee not in place in November 1994 require a two-thirds vote to pass (F.S.A. Amend. 10% of total votes cast in previous general election, 5% of votes cast for all candidates for governor in previous election, 6% of total votes cast for the office of governor in the last general election, 5% of votes cast for all candidates for governor in the last gubernatorial election, 5% of votes cast for secretary of state in last election, 6% of the qualified electors at the time of the last general election, 10% of the total votes cast for governor in the last gubernatorial election, 3% of the votes cast for governor at the preceding biennial state election, 2% of the entire votes cast for governor at the preceding biennial state election, 5% of total votes cast for all candidates for governor in the last general election, 5% of the total vote cast for governor at the last election. Eighteen states require proponents to file application materials with the states secretary of state: Two states require proponents to file application materials with the lieutenant governor: Five states require proponents to file application materials with the attorney general: Four states require filing with another entity: None listed, but must register organization with board of elections. A voter desiring to vote in favor of the law that is the subject of the referendum shall mark the square adjacent to the word "For" (Utah Code 20A-7-309). Both the initiative and the referendum originated in Switzerland in the first half of the 19th century. 19, 3; N.R.S. Art. 1). Proponent financial disclosure requirements: Include but are not limited to filing with the secretary of state, written disclaimers when publicizing, limits on contributions, detailed contribution reports, unexpended campaign contributions, and rules promulgated by secretary of state (C.R.S.A. (NDCC Const. From three-fourths of house districts of the state with signatures from each district equaling at least 7% of the total votes from preceding general election. In order to suspend effectiveness of the act pending a vote, signature requirement is 10% (Const. Const. 116.332). The title of the statute or resolution that is the subject of the referendum is printed on the ballot. No statute found; used Prop. 4, 1, Pt. Art. Art. Art. Application process information: Application must be filed by 5 p.m. within five calendar days after the legislative session ends (Utah Code 20A-7-302). Proponent financial disclosure requirements: Include but may not be limited to a ballot question committee filing campaign statements, filing the 16th day before the election to the 11th day before the election, a postelection campaign statement, fines if failure to file properly, advertising guidelines (M.C.L.A. They represent direct check on democracy as people can exercise their powers to accept or reject a piece of legislation. Verification: Direct initiatives are turned into the county clerk of the county in which the initiative packet was circulate. Public review or notice: Secretary of state prepares and distributes voter pamphlets to each household in the state and other locations (RCWA 29A.32.010; 29A.32.031; 29A.32.040; 29A.32.070; 29A.32.080). III, 3 and NDCC 16.1-01-09(2)). Submission deadline of signatures: Ninety days before the first day of the legislative session (Miss. Laws authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property. St. 32-1409). Semiannual statements of contributions and expenditures are due July 31 and January 31. Collected in-person: Yes (A.R.S. Cure period for insufficient signatures: There is a 15-day cure period after a statement of insufficiency is issued by the secretary of state, and proponents may deliver additional signatures during this time (CRS 1-40-117). Circulator requirements: Must be 18 years old, complete training from secretary of state and present specific identification to notary (C.R.S. For statutory initiatives, 6% of total votes cast for all candidates for governor in last general election. Neb. Who creates petitions: Secretary of state creates a sample petition and then the petition is reviewed by the attorney general (V.A.M.S. The first statewide general, special, special runoff, or primary election after the petition has been filed, a legislative session has convened and adjourned, and a period of 120 days has expired since the adjournment of the legislative session. Const. File a letter with secretary of state, signed by designated representatives, no later than 60 days prior to the election. Code Ann. Other types of review might include recommendations on wording. Legislature may hold public hearings and must hold a committee hearing once 25 % of signatures are collected (Cal.Gov.Code 10243, 12172; Cal.Elec.Code 9007, 9034). Art. Geographic distribution: None (MCL 168.471 requirement that no more than 15% come from a single congressional district was found unconstitutional in AG opinion 7310, May 2019). Art. Who creates petitions: Petition filed by proponents is certified by attorney general, ballot board, and secretary of state (O.R.C. Art. Direct democracy Simple English the free. Which election is a measure on: For statutes, if not passed by the legislature within 40 days, then it is placed on the next general election's ballot. Art. Art. Secretary of state shall print pamphlet of statements in support and against the measures along with the attorney general's title, explanation, and clear statement of a yes or no vote, and if possible, a fiscal statement (SDCL 12-13-23 and 25.1). Who creates petitions: The secretary of state creates the form and the petitions at the expense of the sponsors (W.S.1977 22-24-310; 22-24-311). Code Ann. Art. Illinois requires either 60 percent of those voting on the amendment itself or a majority of those voting in the election as a whole (ILCS Const. St. 32-628), Allowed to pay another for their signature: Prohibited (Neb.Rev.St. Code Ann. 2, 10; Cal.Elec.Code 9004). 2, Sec. Art. Art. States such as Alaska (AS 15.45.150); Idaho (I.C. For indirect statutory initiatives, 3% of votes cast for governor in last election to submit to the legislator. 48, Pt. After chance for comment by all legislators, the legislative council prepares an impartial analysis with description, background information and likely effects (A.R.S. sought government regulation of child labor. Art. Code 18680. Submission deadline for signatures: Petition must be filed with county officials not later than 15 days following the primary election (NRS 295.056). Vote requirement for passage: Majority (Const. Proponent organization and requirements: Application includes sponsors name, or if an organization, the names and titles of its officers, and an address (ARS 19-111). Submission deadline for signatures: June 1 (Const. Ballot title and summary: Submitted to Board of Election Commissioners and then certified to the secretary of state (Ark. question. 901 and 1 M.R.S.A. Const. 5, 1). A "simple statement of the gist of the measure," drafted by sponsors, is printed at the top of the petition (34 OS 3). Signatures must be filed one year prior to the election. Next general election at least four months after filing the signatures. Bill No. Art. And attorney general reviews legality (MCA 13-27-202; 13-27-312; 13-27-402). 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). Petition title and summary creation: Attorney general (Cal.Const. Allowed to pay another for their signature: Prohibited (A.C.A. Amend. Code 104). answer choices. Stat. Vote requirement for passage: Majority and not less than 35% of the total vote cast at the election (Const. Repeal or change restrictions: For statutes, may not be repealed by the legislature within two years of its effective date (Const. Submission deadline of signatures: Must be 120 days before the election it is to be voted upon (NDCC Const. II, 9). Rev. Who creates petitions: Sponsors create the petition. III, 2. Art. Proponent financial disclosure requirements: Must obtain a petition entity license before circulating petitions or paying circulators (CRS 1-40-135(2)). Verification: Sampling method that must include at least 10 % of signatures or more than 5,010 signatures, whichever is greater. General election unless the legislature orders a special election. Ballot title and summary: Director of elections, with approval of state board of canvassers, drafts a statement of purpose of not more than 100 words for the ballot (MCL 168.32(2)). These guidelines may include an application process, registering a certain number of sponsors, submitting the full text and an explanation of the measure, affidavits, the office or offices to file with, registering a proponent or opposition organization, campaign finance issues and the process for withdrawing a referendum.