Code 23-17-3; MS Const. 3, 52(g) and Wyo. b. 1. Code 13-208 for statement of organization. Art. 5, 3). Art. III, 52(a) and Mo.Rev.Stat. Signatures must be filed one year prior to the election. b. free media. Considered a committee if individual raises or spends more than $5,000. Nonpartisan staff of general assembly prepare summary, analysis and fiscal review (C.R.S.A. Amend. 21). II, 1b). General review of petition: Upon request, any agency in the executive department shall assist in reviewing and preparing comments on the petition (C.R.S.A. Art. Proponent organization and requirements: Application must designate a committee of three sponsors who will represent all sponsors and subscribers in matters relating to the referendum (AS 15.45.270). Art. Petition title and summary creation: Attorney general (ORS 250.065(4)). 26. (Note: This provision was found unconstitutional by a superior court judge, affirmed by the state supreme court in August 2020.) Circulator requirements: Any Maine resident who is a registered voter (21-A MRS 903-A). Art II, 9). Rev. St. 32-1407; 32-401), Ballot title and summary: Attorney general (Neb. c. evolve into single-party systems. Circulator oaths or affidavit required: No. V.A.M.S. III, 3 and 4). 6). Vote requirement for passage: Majority (Const. Out-of-state committees that make expenditures supporting or opposing ballot propositions in Washington are required to file reports. Const. A report is also due no later than the 15th day after the deadline for filing the referendum petition. LXXIV, 2 and MGL ch. Repeal or change restrictions: Amend or repeal must be approved by voters, unless the original measure permits amendment or repeal without voter approval (Cal.Const. III, 52(b)). All of the chief petitioners must sign the form to withdraw (ORS 250.029). For indirect statutory initiatives, 3% of votes cast for governor in last election to submit to the legislator. Two states require circulators to attend a training: Twenty-two states require circulators or proponents to sign affidavits or other sworn statements as to the accuracy or authenticity of the petitions: Several of these states require such information to be included on the signature petition sheets. NDCC Const. Proponent financial disclosure requirements: Include but may not be limited to filing about the use of paid circulators and filing reports (MCA 13-27-112; 13-27-113). Const. If a state wishes to remove a government official from office and replace the official with another person, the state would use a _________. Ballot title and summary: The title of the statute or resolution must be set out on the ballot, and the question printed upon the ballot for the information of the voters must be as follows: Shall the statute (setting out its title) be approved? (NRS 295.045). See also 21-A MRS 904-A, the repealed provision that prohibited payment per signature. Art. Art. Timeline for collecting signatures: Eighteen months or until April 30 of the year of the next general election, whichever is earlier (I.C. Art. For constitutional amendments, 15% of legal voters. 19, 2; American Civil Liberties Union of Nevada v. Loma (2006); N.R.S. 168.471; 168.472. Does the law in question take effect before the referendum vote: Any measure referred to the people by referendum petition shall remain in abeyance until such vote is taken; the filing of a referendum petition against one or more items, sections or parts of any act shall not delay the remainder from becoming operative. 12, 2. 116.050; 116.050). submission of the petitions to the state elections official, who must verify the number of signatures. Wyoming: Upon request, the legislative service office or any agency in the executive department shall render assistance in reviewing and preparing comments on the proposed bill. d. the National League of Women Voters, 23. Final deadline (this is for counties to transmit verified petitions to the secretary of state) is not less than 120 days before the next general election (Const. 116.180; V.A.M.S. There has been one exception: The case Initiative and Referendum Institute v. Jaeger (2001) in North Dakota upheld the ban on paying per signature. Additional statements for ballot measure committees are due April 30 and October 31. 1953 20A-7-202). Art. II, 1b). In election years, instead of biannual reports, reports are due no later than the second Monday in April, May, September and October, and no later than the Thursday before an election. The same title that was drafted for the petition also appears on the ballot (ORS 250.065). 14, 3 and see Coalition for Political Honesty v. State Board of Elections (1976)). Fiscal review: The financial estimate committee will estimate costs and consult with the legislative revenue officer (O.R.S. Eighteen states require or provide for fiscal statements: Lieutenant governor provides a statement of costs. a. Additional signatures are needed then. (21-A MRS 905). Twelve% of total votes cast in last gubernatorial race for governor, V.A.M.S. Other subject restrictions: Cannot stop emergency laws passed by the legislature or appropriations to support state departments or institutions (NDCC Const. Art. 250.137; 250.139; 250.125; 250.067; 250.127). 5, 1). Who can sign the petition: Registered electors of the state (Const. Recall elections are an electoral device first used by the. Where to file: Secretary of state (OR CONST Art. A referendum is a process for constitutional change in which proposal is voted on by the public. Code 9607). 1-40-105). 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. Measure provisions cannot be dependent upon meeting certain vote percentage. (Elec. N.R.S. Between 90 and 110 %, every signature is verified (C.R.S.A. Number of signatures required: 10% of the total number of votes cast in the last general election; or 25% to suspend operation of the act until the election (Const. XVI, 4). Art. Must submit full text and title, and statement as to the use or not of paid circulators (U.C.A. The other 19 states limit the subject matter of laws that the popular referendum can address. 3, 4; Art. Wyoming: in excess of 50% (Const. II, 1a; 1b). Must be projected to be at least 95 % accurate (10 ILCS 5/28-11, 5/28-12, 5/28-13). Vote requirement for passage: Over 50% of those voting in the general election (Const. Records must be kept of contributions and expenditures. 905 and 1 M.R.S.A. St. 32-1405). The legislature has 40 days to pass the unchanged initiative. Proponent organization and requirements: If a committee or person, except the individual submitting the sample sheet, is funding any portion of the drafting or submitting of the sample sheet, the person submitting the sample sheet shall submit a copy of the filed statement of committee organization required under subsection 5 of section130.021 (Mo.Rev.Stat. In what case did the Supreme Court say that purposefully drawing districts where the majority of voters Stat. 21 1). 4, 1, Pt. 1953 20A-7-207; 20A-7-209; 20A-6-107. III, 3 and NRS 32-1407). Code Ann. 2, 4, Pt. Encyclopaedia Britannica's editors oversee subject areas in which they have extensive knowledge, whether from years of experience gained by working on that content or via study for an advanced degree. May amend the initiative with three-fourths vote, but may only amend to further the purpose of the measure. When a change is proposed to the State or Commonwealth Constitution, a referendum is held to gauge the opinion of electors about the proposed change. 1953 20A-7-208; 20A-7-702). 34-1807), Circulator oaths or affidavits: Yes (I.C. Submission deadline of signatures: Four months prior to the general election (OR CONST Art. Circulator oaths or affidavit required: Yes (Utah Code 20A-7-303(3)). Ballot title and summary: The Office of Legislative Research and General Counsel numbers the propositions and proposes a descriptive title summarizing the contents of the measure. Alaska prohibits payment in excess of $1 per signature. Repeal or change restrictions: Can only be changed by a vote of the people. Disclosure of advertisements is required. Circulator oaths or affidavit required: Yes (21-A MRS 902 and 903-A). 19-119). b. single ticket. Under the obligatory type, a statute or constitution requires that certain classes of legislative action be referred to a popular vote for approval or rejection. Who creates petitions: Sponsors (Elec. Art. V, 1(3)). Art. Who can sign the petition: Registered voters of the state (ACA 7-9-103). 3519.01 and 3519.05(C). XVI, 4). Voters were asked whether to give the Federal Government the power to make special laws for Indigenous Australians in states, and whether in population counts for constitutional purposes to include all Indigenous Australians. The results of the election on this question are not binding. The powers defined herein as the "initiative" and "referendum" shall not be used to pass a law 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 (Const. Application process information: Application form will be prescribed by the secretary of state. Vote requirement for passage: Majority (Const. 1953 20A-7-202). 2, 9; Const. c. No one could be denied suffrage on the basis of race or gender. II, 9). Submission deadline of signatures: Ninety days from the official set date from the secretary of state (34 Okl.St.Ann. 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. III, 2), Oklahoma (OK Const. Public review or notice: State board of canvassers holds a public meeting on the amendment or question, make an official announcement 60 days before the election, and publicly post the amendment, including in newspapers and websites (M.C.L.A. Verification: Not specified: "The Secretary of State shall determine the validity of the petition and issue a written decision stating the reasons for the decision within 30 days from the date of filing of a written petition." b. Art. How does a referendum give people more of a say in government? 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706). Const. 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. Art. Submission deadline for signatures: Ninety days after the law is filed by the governor in the office of the secretary of state (Const. 23-17-21). Proponent organization and requirements: Application must contain the names and addresses of at least five sponsors, certification that each sponsor is a registered voter in Utah and has voted in a regular general election in the last three years, the notarized signature of each sponsor and a copy of the law (Utah Code 20A-7-302). Art. (NMSA 1-17-2) Each signature page is limited to one county and must bear the circulator's certificate and a warning to signers (NMSA 1-17--5); circulators must also present full and correct copy of the law (NMSA 1-17-3). In the indirect initiative process, a proposed initiative is referred to the legislature after proponents have gathered the required number of signatures. 19, 3; N.R.S. 19-123 and A.R.S. 3, 4; Art. 5 1). There is a filing fee of $2,000, which is refunded if the measure qualifies for the ballot within two years (Const. Time period restrictions before placed on the ballot: Have 120 days before election for amendments, and 160 days before an election and not less than 10 days before legislative session for statutes (M.C.L.A. Timeline for taking effect: Thirty days after the election unless otherwise provided in the act. Proponent organization and requirements: Primary sponsors file names with secretary of state, and a principal circulator is listed (Neb. 6, 1). 4, Pt. Constitution 48, Init., Pt. 3, Sec. 19-121), Submission deadline of signatures: Four months before election (A.R.S. 116.030) and secretary of state drafts a ballot title which appears on the petition (Mo.Rev.Stat. $50,000 Repeal or change restrictions: No veto from governor, and legislature may pass statutes normally (V.A.M.S. Submission deadline for signatures: By 5 p.m. not more than 90 days after final adjournment of the legislative session at which the bill was passed (Const. Law 7-103(c)). Circulator requirements: US citizen and at least 18 years old (CRS 1-40-112). thousands of donors? For direct constitutional amendments, it is nine months and three weeks. May remove no later than 120 days prior to the next general election. Const. Geographic entities based on U.S. House districts, which are required to be highly equal in population, have been ruled to be constitutional (for example, see Nevada). Const. 15, 273; Miss. Proponent financial disclosure requirements: Include but may not be limited to no anonymous contribution in excess of $25, disclosure of contributors, corporations and labor organizations are allowed to make contributions and expenditures, following timelines and deadlines apply for filing reports (V.A.M.S. Collected in-person: Yes, "In their own proper persons only " (Const. XVI, 3). V, 1(4)(a) and CRS 1-40-123). 42. List the factors that affect the success of a Referendum? Allowed to pay another for their signature: Prohibited (ORS 260.558). General review of petition: After the hearings the proponents and Governor's Office of Management and Budget may revise (U.C.A. Ballot measure committees have the following additional reporting requirements: initial disclosure report is due 15 days after the committee begins raising or spending money, with subsequent quarterly reports until the pre-election report is due. Reports are due 30 days before the election, one week before the election, 105 days after a special election and Feb. 15 for all contributions and expenditures not already reported (AS 15.13.110). 1(3) and (7)). II, 1(b) and RCW 29A.72.150). d. the McCain-Feingold Act. III, 2). VI, 1 and Utah Code 20A-7-102). General election, and must file by the May before the election the measure is to be voted on. 116.060). Restrictions included 120 days before election for amendments, and 160 days before an election and not less than 10 days before legislative session for statutes. Verification: Secretary of state verifies with help of county clerks. Geographic distribution: No more than one-quarter of signatures may come from a single county (M.G.L.A. If statute petition is passed by the legislature, then it is subject to the referendum. Art. Secretary of state must establish by rule and collect filing fees (RCW 43.07.120). Ballot measure committees must file pre-primary, pre-general, year-end and, if applicable, supplemental reports in even-numbered years. A ballot question committee includes any person, located within or outside Arkansas, who receives contributions or makes expenditures for the purpose of expressly advocating the qualification, disqualification, passage or defeat of any ballot measure. XVI, 3(b)). More than two elections on the same general matter cannot be held within 12 months. N.R.S. 250.048). The official title of the bill that is subject to the referendum appears on the ballot. 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). Art. 2, 3; Const. 6, Gen. Ballot title and summary: Proponents draft and submit a ballot title in their original filing (34 OS 8). Art. c. Shaw v. Reno What two questions were put to the Australian public in the 1967 referendum? Application process information: File an exact printed copy of petition as it will be used for signature gathering (A.C.A. 3, 52(e)) with the assistance of the attorney general (Wyo. Art. Monthly reports are due on the 10th for any preceding month in which total contributions received or total expenditures made exceed $200. Rev. Five years on any measure that is "substantially the same as that defeated by" the previous measure. Art. The issues that are important to the party make up the ________. 7-9-103). V, 1(3)). Const. Petitions must be submitted not later than 90 days after the final adjournment of the legislature; if that deadline falls on a Saturday, the office of the secretary of state must be open from 8 a.m. to 5 p.m.. Const. Payment on a per-signature basis prohibited; bonuses based on reliability, longevity and productivity are permitted. Fourteen states do not have any process for withdrawal: Alaska, Arizona, Florida, Idaho, Maine, Massachusetts, Michigan, Mississippi, Montana, Nebraska, North Dakota, Utah, Washington and Wyoming. Const. General review of petition: The secretary of state reviews and if the office deems it insufficient, the committee of petitioners has 20 days to correct it (NDCC Const. If a second sampling is needed, an estimated duplication rate will be calculated. Arizona: A.R.S. What is on each petition: Petition format is addressed in Mo.Rev.Stat. Ballot title and summary: Attorney general (SDCL 12-13-1.1 and -9). 5, 6; 34 Okl.St.Ann. 100.371, 101.161; F.S.A. 3, 18 and 21-A M.R.S.A. 16-906; 16-926; 19-111; 19-124), Proponent financial disclosure requirements: Include but are not limited to spending reports, establishing a bank account, and quarterly and pre-election campaign finance reports (A.R.S. No. a. majority II, 9(b)) and eligible registered voters (Elec. 19, 2), Types allowed: Direct initiative for statutes and constitutional amendments, and popular referendum. Art. 14, 3), Majority to pass: Three-fifths of those voting on the amendment itself or a majority of those voting in the election (ILCS Const. 19-112), Colorado (Const. Who creates petitions: Sponsors create the petition. 12, 2). Provisional ballots are reviewed and counted even if they will not change the outcome of an election. Petitions must be submitted not more than 90 days after the end of the session at which the act was passed. VI, Subpt. 100.371). Bans on payment-per-signature have met with mixed results in the courts. Art. 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. 5, 11; Art. Art. 34-1809). Rule 2.79; Oklahoma Ethics Commission's Guide for Political Action Committees). 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. If they refuse, the measure is declared insufficient and does not appear on the ballot (A.C.A. c. $5,000,000 116.332). Const. Art. Art. Nebraska: The revisor of statutes reviews and recommends revisions with respect to form and draftsmanship. Must include a warning about unlawful signing, a circulator affidavit and a notification as to whether the circulator is paid or volunteer. Art. Geographic distribution:For constitutional amendments, signatures must be gathered from 10% of qualified electors in each of two-fifths (40) of the state's 100 legislative districts (MT CONST Art. The voters name does not appear on the electoral roll for the given precinct (polling place), because the voter is not registered to vote or is registered to vote elsewhere. M.G.L.A. Does the law in question take effect before the referendum vote: Does not go into effect unless approved by voters (Const. The sponsor may file a written notice to withdraw the initiative with the secretary of state. 295.009). Art. St. 32-1409). Conflicting measures: Measure with the most affirmative votes prevails (OH Const. Procedures vary from state to state, but in general if the legislature has not adopted the proposal, the initiative question goes on the ballot. II, 10). Const. Public meetings are also held and posting of amendments (A.R.S. Timeline for taking effect: Upon proclamation by the governor which shall be made within ten days after the official canvass of such votes (Const. 23-17-47; 23-17-49; 23-17-51; 23-17-53). Amend. 4, Pt. Art. III, 4). Art. 295.009; 294A.150; 294A.220). The constitutions of several states of Africa and Asia incorporate provisions intended to promote closer citizen participation in government, but generally what is called for is not true referendum or initiative but rather some form of plebiscitary device to support regimes or policies. These decisions include funding, budgets, candidate removal, candidate approval, policy changes, and constitutional amendments. c. the failure of Andrew Jackson to win the White House in 1824 XVI, 1 and Elec. Withdrawal process of individual signature: File a written request including the voter's name, residence address and signature with the appropriate county elections official prior to the day the petition is filed (Elec. Petitions always include a title and/or summary of the proposed measure, although who writes this information varies. An emergency law shall remain in force notwithstanding such petition but shall stand repealed 30 days after having been rejected by a majority of the qualified electors voting thereon (Const. Submission deadline for signatures: Must be filed within 90 days of when the applicable legislative session adjourns sine die (AZ Const. 19-112; 19-121.01). For constitutional amendments, 8 % of the total votes cast for all candidates for governor in the last general election (OR CONST Art. Proponent financial disclosure requirements: Include but may not be limited to groups supporting or opposing ballot measures are treated as political committees, no statute found limiting contributions to ballot measure political committees, designation of a treasurer, filing statements of organization, and follow account and reporting requirements (O.R.S. 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. In Missouri, signature requirements are based entirely on congressional districts.
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