They may also submit their own alternative ballot measure to the people if it is different but under the same subject area. Quick Facts Initiative & Referendum Institute All 23 popular referendum states require a simple majority to pass a popular referendum. Code 23-17-60). Art. 2, 9; Const. A petition organizer must register with the secretary of state. IV, 1(4)). Paid signature gatherers must register with the secretary of state and pay a fee of $20 for each petition they will be paid to circulate (SDCL 2-1-1.5 through -1.9). Const. All of the chief petitioners must sign the form to withdraw. Art. Art. 1953 20A-7-207; 20A-7-209; 20A-6-107). (Note: This provision was found unconstitutional in July 2020 by a Superior Court judge and was later affirmed Aug. 31, 2020 by the state supreme court. Number of signatures required: 6% of total votes cast for the office of governor in the last general election (Const. Conflicting measures: Measure with the most affirmative votes prevails (OH Const. Number of signatures required: 8% of the active voters in the state on Jan. 1 following the last regular general election (Utah Code 20A-7-301(1)). 295.0575), Circulator oaths or affidavits: Yes (N.R.S. Where to file with: Secretary of state ( 34-1804). Filed within one year of receiving notice that petitions are ready. IV, 1). Ballot title and summary: Secretary of the commonwealth drafts a fair, concise summary that appears on petitions and on the ballot (Const. Art. Initiative, Referendum and Recall are three powers reserved to the voters to enable them, by petition, to propose or repeal legislation or to remove an elected official from office.. Pursuant to state law (A.R.S. III, 3 and NRS 32-1407). Stat. If the attorney general does not approve of the statement, he or she prepares one themselves (MCA 13-27-312). Verification: Board of state canvassers verifies the signatures using the qualified voter file and shall complete the process at least two months before the election (M.C.L.A. II, 1(b) and RCW 29A.72.150, 4% of the votes cast for the office of governor at the last election, 15% of the total ballots cast in the previous general election. 4, Pt. Proponent financial disclosure requirements: Statement of organization must be filed not later than 15 days after the committee made or received contributions or paid expenses in excess of $500; if such activity occurs within 30 days of an election, statement must be filed within 48 hours (SDCL 12-27-3). 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)). Const. Art. Const. 3, 3; NRS 32-1402 and -1403, Nevada: Const. Next state election, if 60 days intervene between the date when such petition is filed and the date for holding such state election; if that is less than 60 days, then the law must be submitted to the people at the next state election, unless it is repealed before then. 2, 19; Amalgamated Transit Union Local 597 v. State of Washington, 11 P.3d 762, 2000), Other subject restrictions: None (RCWA Const. (MGL ch. Petition for Initiative. Geographic distribution: 3% of the votes cast for the office of governor in the last election in half of the counties each (OH Const. Reports of contributions and expenditures must be filed no later than the eighth day before the election, the 30th day after an election and the 15th day following the close of each calendar quarter. Amend. 5, 1). Withdrawal process of individual signature: None specified. 901), Where to file with: Secretary of state (M.R.S.A. 32-630; 32-1546), Number of signatures required: For statutory initiatives, 7 % of votes cast for governor in last election. Paid per signature: No ban, but must mark this and identify their employer on the affidavit (V.A.M.S. V, 1(3)). Does the law in question take effect before the referendum vote: Operation of the law is suspended when petitions with sufficient signatures to trigger a vote are submitted (Const. 1953 20A-7-213). 21-A M.R.S.A. 3, 17(2)). For statutory, 5% of total vote for governor in last election in each of two-thirds of the state's congressional districts. Proponent organization and requirements: None specified. 2). Art. Proponent financial disclosure requirements: Within three days of making an expenditure or receiving a contribution, a political committee must file a statement of organization and designated a treasurer (ORS 260.035). . LXXXI, 4). 1953 20A-7-203). Art. Should this bill be: Approved. 106.03). Paying per signature was held unconstitutional (Miss. 250.045). II, 1e). Skip over the Blank Pages below! II, 9). Law 6-205(d)). In all other cases, an act that is subject to the referendum remains in effect until it is rejected at an election (MCA 13-27-105(3)). (NDCC Const. Must register organization (5 ILCS 20, 10 ILCS 5/28-9). Nevada: The secretary of state will appoint two, three-person committees, one for and one against the measure. All of the chief petitioners must sign the form to withdraw (ORS 250.029). VI, 1 and Utah Code 20A-7-102, Laws passed by a two-thirds vote of the members of each house, Const. Art. Which election: Regular general election, unless otherwise ordered by the legislative assembly (Const. "Petition organizer" means a business entity that receives compensation for organizing, supervising or managing the circulating of petitions. Art. In these states, sponsors may take a draft, or even just an idea, to a legislative office for assistance with the form and content of the initiative before submitting the proposal to the appropriate state official. Michigans constitution explicitly grants the legislature the power to amend laws approved by the people by referendum at any time (Const. Art. 295.015). Art. 100.371, 106.03; Rule 1S-2.009). Art. Const. Art. 34-1812a, 34-1812b, I.C. Must be submitted by September, then December, and then possibly July (M.G.L.A. 24, 1). Less than 95 % accurate fails the petition, greater than 110 % qualifies, and between requires a check of every signature (Cal.Elec.Code 9030, 9031, 9033; Cal.Admin.Code 20530, 20531, 20532, 2054). Submission deadline for signatures: Within 90 days after the enactment date of the statute (Const. Code 84107). Allowed to pay another for their signature: Prohibited (ACA 7-9-103(c)). 1-40-116). 901, 906; 1 M.R.S.A. Who can sign the petition: Qualified electors (A.R.S. Time period restrictions before placed on the ballot: 125 days must pass after filing petition before election (OH Const. Art. Art. IV, 1b). Submission deadline of signatures: For indirect measures, at least 10 days before the regular session that is the session that was 10 months out when the proposed measure was submitted. 116.090). Withdrawal process of individual signature: None, "An elector's name may not be removed by the elector from a petition that has been submitted to and received by the secretary of state" (NDCC 16.1-01-09(5)). Registration is required before making an expenditure for or against a ballot measure. States may apply a single-subject rule or other restrictions. Recall. Contributions of $1,000 or more must be reported within 48 hours after receipt. V, 1(6) and C.R.S. Art. II, 9). Timeline for taking effect: When approved (Const. 19-121. Const. II, 18). 5, 1), Ballot title and summary: Title board (C.R.S.A. Art. Petition title and summary creation: Title board, comprised of secretary of state, attorney general and director of the office of legislative legal services (C.R.S.A. Art. Initiatives and referendums in the United States - Wikipedia 4. increase the participation of African Americans in the Federal Government. Referendum is the power to reject or overturn legislative actions taken by the Council. No statute found; used Prop. II, 1(b) and RCW 29A.72.010. And, in some states, the review is purely technical; the proposal is reviewed to ensure it meets the legal requirements for format and style and adheres to drafting conventions. (Const. In some states, the question is worded such that a yes vote is in favor of the law subject to referendum, while in others, a yes vote is in favor of repealing the law that is the subject of the referendum. Petition title and summary creation: Secretary of state, official committee that filed and approved by attorney general (O.R.C. 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. What is on each petition: Petition includes original title of the act to be referred and a statement by signers. The following 11 states use a statistical sampling method to determine if petitions have enough valid signatures: Eleven of the popular referendum states specify a procedure by which a person may withdraw their signature from a petition. Code 16.1-01-10). Who creates petitions: Sponsors (Elec. Petition title and summary creation: Petition bears the title of the bill it seeks to repeal (Mo.Rev. Withdrawal of petition: Any person who submits a sample sheet to or files an initiative petition with the secretary of state may withdraw the petition upon written notice to the secretary of state. Const. Time period restrictions before placed on the ballot: There must be at least 31 days after the measure qualifies before the election (Const. What is on each petition: Form of the petition is prescribed by the State Board of Elections. Art. Art. Art. Which election is a measure on: General election (F.S.A. 116.060). Circulator oaths or affidavits: Yes (NDCC Const. Eighteen months, but cannot start collecting more than two years before the election, and a deadline of six months before the general election. Referendum, however, is a measure submitted by the government to the people for their approval. No signatures may be obtained prior to 24 months before the general elections that it is to be voted upon, and signatures must be filed one year prior to the election (SDCL 2-1-1.2). The secretary shall direct whether this is conducted by random sampling or by verification of each signature (Mo.Rev.Stat. 2, 8). If more than 105% are deemed valid, the petition is deemed valid. seq). Number of signatures required: 5% of the total vote cast for governor at the last election (Const. Art. 3, 1). Art. Legislature or other government official review: Attorney general and Supreme Court are part of the signature verification process and the ability of the public to protest as to the constitutionality of the measure. Code 9001). Petition sponsors, approved or rewritten by attorney general, Petition sponsors, with approval by secretary of state, Drafted by secretary of state and approved by attorney general, Petition sponsors, approved by attorney general. 5, 1; Amend. Choose a language from the menu above to view a computer-translated version of this page. Art. Time period restrictions before placed on the ballot: No additional other than deadlines, Majority to pass: Yes (MT CONST Art. Proponent financial disclosure requirements: Include but may not be limited to being considered political action committees, following regulations for political advertising, and the filing of contribution and expenditure reports (W.S.1977 22-1-102; 22-24-201; 22-24-306). Welcome to Gila County Submission deadline of signatures: For direct constitutional amendments, a timeline beginning on Sept. 1 before the general election it is to be voted upon and ends on the third Tuesday of June of an even-numbered year. Which election: Statewide or a special election called by the governor (Const. Repeal or change restrictions: None (Const. IV, pt. Code 104). 1953 20A-7-203). And requires full disclosure of campaign staffers (21-A MRSA 1051 et. Other subject restrictions: Cannot stop emergency laws passed by the legislature or appropriations to support state departments or institutions (NDCC Const. Who can sign the petition: Qualified electors of the state (34 OS 23). 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. Majority to pass: Yes (OH Const. Must include the title and effective date of the referred law, the date of the general election at which it is to be referred. 5, 6; 34 Okl.St.Ann. VI, Subpt. Circulator requirements: Must be qualified to register to vote pursuant to 16-101. 3, 51). This database contains information on state processes, including subject matter, petitions, circulator requirements, signature requirements and more. 6; Oklahomans for Modern Alcoholic Beverage Controls, Inc. v. Shelton, Okla., 501 P.2d 1089, 1972). These provisions stipulate that petition signatures must be gathered from multiple parts of the state. Bans on payment-per-signature have met with mixed results in the courts. III, 52(b) and Mo.Rev.Stat. MS Const. 5, 2; 34 Okl.St.Ann. Amend. 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. Circulator requirements: 18 years old and a resident of South Dakota; no registered sex offender may circulate a petition unless the person is in the employ of and under the immediate supervision of another person and under circumstances with preclude any contact with children (SDCL 12-1-32 through -34). Art. III, 3, Const. 21-A M.R.S.A. For statute, 8% of total votes cast for governor in last general election. V, 3 and OK Stat. 2, 3; Const. III, 1). For constitutional amendments, 10 % of votes cast for governor in last election (Ne.Rev.St. Laws providing for tax levies; appropriations for the current expenses of the state government and state institutions; and emergency laws necessary for the immediate preservation of the public peace, health or safety. Allowed to pay another for their signature: Prohibited (RCW 29A.84.250). Sponsors of advertising must file a report within 24 hours of the time the advertisement is published, mailed or otherwise revealed to the public if the advertisement qualifies as an independent expenditure or has a fair market value or actual cost of $1,000 or more. NDCC 16.1-01-12(1)(j), 16.1-08.1-02, 16.1-08-03. IV, pt. Timeline for collecting signatures: If the petitions were filed at least 165 days before the election and the signatures are deemed insufficient, they may collect more (O.R.S. Allowed to pay another for their signature: Prohibited (NRS 32-630 and -1404). Const. Same if an alternate measure is proposed. Where to file: Secretary of the commonwealth (Const. Sponsors draft summary and submit to board of state canvassers for approval. Outer page of petition pamphlet includes warning to signers. 3519.04). 250.045; 260.035; 260.054). III, 4). Amend. Ballot title and summary: Attorney general (Cal.Elec.Code 9004), Time period restrictions before placed on the ballot: At least 131 days prior to next general election it is to be voted on (Cal.Elec.Code 9016; Cal.Const.
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