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. II, 9). III, 4). Code Ann. 11 3), Collected in-person: No direct statute (F.S.A. Art. 3, 17(3)). 23-17-57; Term Limits Leadership Council v. Clark, 1997). Collected in-person: Yes (Neb. Circulator oaths or affidavits: Yes (Ark. 2, 8), Conflicting measures: Measure receiving more affirmative votes is enacted (Cal.Const. CONST. 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. Art. Time period restrictions before placed on the ballot: There must be more than 180 days between the adjournment of the session during which the act was passed and the election at which it is considered (Const. Number of signatures required: 5% of the number of votes cast for all candidates for governor in the last general election (Const. IV, 1). May not repeal/modify the state's Bill of Rights, amend/repeal provisions relating to the state's public employees' retirement system, amend/repeal right-to-work provision or modify the initiative process, and special rules if includes expenditures. 295.0575), Allowed to pay another for their signature: Prohibited (N.R.S. Public review or notice: Able to attend meeting on petition application review, title board meetings, ballot information booklet prepared by legislative council (C.R.S.A. A groups name must include the title or common name of the measure if the group intends to direct more than 50% of its contributions or expenditures toward a single measure. Disclosure of advertisements is required (ARS 19-925). Vote requirement for passage: Majority (Utah Code 20A-7-209). 2, 1). In some states, the official title of the legislation that is the subject of the referendum appears on the petition. 2). 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. 5, 3). The attorney general may approve the title or revise as necessary to comply with the law. Timeline for collecting signatures: None except when collecting the second 3 % of signatures of votes in last election for governor, the deadline is 90 days (OH Const. 12, 2), Collected in-person: In the presence of the circulator (M.C.L.A. 2, 10; Cal.Elec.Code 9004, Title board, comprised of secretary of state, attorney general and director of the office of legislative legal services. 2, 9; M.C.L.A. 1953 20A-11-101; 20A-11-801; 20A-11-802; 20A-11-803, Washington: RCWA 42.17A.005; 42.17A; 42.17A.205, Wyoming: W.S.1977 22-1-102; 22-24-201; 22-24-306, California: Cal.Elec.Code 9008, 9009, 9012, Florida: F.S.A. III, 52(a)). XLVII, Pt. 353, 354). This page provides state primary and presidential election dates for 2024 when legislative, congressional, gubernatorial, statewide office and presidential primary contests will be on the ballots in 46 states. Constitution 48, Pt. Ballot title and summary: The official title of the bill that is subject to the referendum appears on the ballot. Const. 100.371), Geographic distribution: Signatures in each of one-half of the 27 congressional districts of the state (F.S.A. 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 collecting signatures: Signatures may be signed at any time after an act is passed (Const. File a letter with secretary of state, signed by designated representatives, no later than 60 days prior to the election. For constitutional amendments, generally take effect upon passage (Opinion of the Justices (1972) 287 N.E.2d 910, 362 Mass. Director of the Legislative Research Council prepares a fiscal note as requested. May amend the initiative with three-fourths vote, but may only amend to further the purpose of the measure. Code Ann. (Note: This provision was found unconstitutional by a superior court judge, affirmed by the state supreme court in August 2020.) For indirect initiatives submitted to the legislature, 4% of the number of active voters in the state on Jan. 1 immediately following the last regular general election. Art. a. . 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). Rev. III, 5). Const. Ballot title and summary: Proponent and approved by the attorney general, is the title for both the petition and ballot. II, 9(b)) and eligible registered voters (Elec. 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. To place amendment on ballot, legislature must pass resolution with three-fifths majority (F.S.A. Initiative and referendum are powers granted to the electorate by the constitution of several states, and refer to the processes that allow voters to vote directly on certain legislation. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments, and popular referendum, Single subject rule: Yes (O.R.C. Const. Eighteen states require or provide for fiscal statements: Lieutenant governor provides a statement of costs. Repeal or change restrictions: No veto from governor, and legislature may pass statutes normally (V.A.M.S. States sometimes limit how soon a measure can be re-attempted. 12, 2). Art. 3501.38). 5, 6; 34 Okl.St.Ann. Art. 2, 8; Cal.Elec.Code 9016. 295.009, Ohio: Const. 3, 50), Other subject restrictions: No appropriations or other new revenues not provided for in the measure (V.A.M.S. CONST. 4, Pt. 3599.14). Some states have what's called an indirect initiative process. The secretary of state consults with the legislative counsel for any technical suggestions, which will be posted to the secretary's website. Additional stipulations: In Idaho and Nebraska, the law states that the entire measure might not be superseded and that only conflicting parts of the measure may supersede one another. Timeline for taking effect: The first day of July after the completion of the official canvass (SDCL 2-1-12). 32-1401; 32-1405; 32-628; 32-1403, Nevada: N.R.S. Timeline for taking effect: 30 days after the election (Const. 907; Const. Same if an alternate measure is proposed. 3519.08). III, 3). 2, 10), Timeline for taking effect: Day after the election unless otherwise specified (Cal.Const. Code 23-17-3. Art. Attorney general prepares explanatory statements. II, 9 and MCL 168.471). In 1831 the canton of St. Gall adopted what is called the facultative, or optional, referendum. Referendum, however, is a measure submitted by the government to the people for their approval. concerning (statement of subject) and voters have filed a sufficient referendum petition on this bill. 2). Petitions must be submitted to counties for verification four weeks before this deadline. A legislature committee also reviews the measure by a deadline (N.R.S. M.G.L.A. Timeline for collecting signatures: Signatures are valid for two years, but a petition can circulate indefinitely (F.S.A. II, 9(b)). 14, 3 and see Coalition for Political Honesty v. State Board of Elections (1976)). 15, 273), Conflicting measures: Measure with highest number of affirmative votes prevails (MS Const. If the total signatures meet 90-100% of the requirement, the county clerk(s) check all of the signatures until 100% is reached. Time period restrictions before placed on the ballot: If sufficiency is being reviewed at the time the ballot is being prepared, the measure shall be placed on the ballot and no subsequent decision shall invalidate it if it is approved by a majority of voters (Const. Art. Proponent financial disclosure requirements: Reports of expenditures and contributions received are required quarterly in non-election years and monthly, March through November, in election years. To share with more than one person, separate addresses with a comma. Who creates petitions: The proponents (Miss. VI, Subpt. Art. Secretary of state will choose one argument for and one against to print in the voter pamphlet, which is mailed to every household in the state (I.C. 106.19, 100.371, 120.54, Idaho: I.C. ; The referendum process allows citizens to refer a law that passed the legislature to the ballot for voters to decide whether to uphold or repeal the law. 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. Art. Circulator requirements: Maine resident who is a registered voter (21-A MRSA 903-A), Circulator oaths or affidavits: Yes (M.R.S.A. 3, 52). For constitutional amendments, 10% of votes cast for governor in last election. 1-40-106; 1-40-107; 1-40-108. The following contribution and expenditure statements must be electronically filed: drafting statement, filed at the time approval is requested to circulate petition; circulating statement, filed at the time petitions are submitted for signature verification; pre-election statement, filed between the 39th and 31st day prior to the election; and year-end statement, filed by Jan. 31 of the year following the election. Missouri: The secretary of State will furnish ballot statements explaining the effects of a no or yes vote for the measure, which will include whether it will increase, decrease or maintain taxes. Art. A legislature committee also reviews the measure by a deadline (N.R.S. 22-24-414). Repeal or change restrictions: May repeal or alter a statute at any time. Amend. Petition title and summary creation: Attorney general (RCW 29A.72.060). In Arkansas and Maryland, the application is filed with the state election board. 4, Pt. Considered a committee if individual raises or spends more than $5,000. In all states, a qualified popular referendum may be placed on the ballot in a statewide general election. 1953 20A-7-206). 5, 1). 116.334), What is on each petition: Full text of the measure, all language that the measure removes and all new language, warning, county, affidavit, notary public seal, all in form prescribed (V.A.M.S. Withdrawal process of individual signature: Must do before submitted to secretary of state (NDCC, 16.1-01-09). Alaska prohibits payment in excess of $1 per signature. V, 1), Collected in-person: Yes (A.C.A. They may also submit their own alternative ballot measure to the people if different but under the same subject area. Art. Code 9001). . The idea of referendums, recall, and initiative was one to give voters greater power over legislation and the lawmakers and politicians who served them. What is on each petition: Must include title and complete text must be attached (MCA 13-27-201). Timeline for collecting signatures: Twelve months. 3, 52(c)(i)). 187; Okl.St.Ann. Timeline for taking effect: Thirty days after the election (Const. There is a filing fee of $2,000, which is refunded if the measure qualifies for the ballot within two years (Const. V, 1(3)). 353), What is on each petition: Fiscal impact statement, summary by secretary of state, name of circulator and statement on right of signer to read summary and fiscal statement before signing, and instructions from secretary of state (21-A MRSA 901, 903). Signatures must be submitted by 5 p.m. on the 90th day after final adjournment of the legislature (34 OS 8). In other words, it is the ability of the voters to enact or repeal laws, or recall elected officials. IV, 1). Art. 5, 1). There are critics that disapprove of . For indirect statutory initiatives, 3 % of the votes cast for governor in the last election to submit to the legislator. Const. Timeline for collecting signatures: Two years (Neb.Rev.St. III, 5(2)). 116.334; 116.260). Application process information: Submit draft and affidavit to attorney general with fee of $2,000, refunded when measure qualifies for the ballot within two years. 5, 1). Collected in-person: Yes, In-person (21-A MRS 902). Does the law in question take effect before the referendum vote: If a referendum petition is filed against a part of a statute, the remainder of the statute shall not be delayed from going into effect (Const., art II, 10(a)). Proponent organization and requirements: None specified. Subject restrictions: Laws necessary for the immediate preservation of the public peace, health, or safety are excluded (Const. Timeline for taking effect: Becomes effective 30 days after the day it is approved by a majority of votes (Const. Code Ann. XLVII, Pt. Art. Rule 2.36; Okl.St.Ann. 48, Init., Pt. Circulator oaths or affidavits: Yes, and must be notarized (C.R.S. Laws 168.471. 1953 20A-11-101; 20A-11-801; 20A-11-802; 20A-11-803). Const. Withdrawal process of individual signature: Not specified. 15, 273; Miss. Repeat measures: Two years (MS Const. Art. 3, 24). Art. Application process information: Sponsors must submit the measure and a summary of it with a petition signed by 1,000 qualified electors to the secretary of state, and within one day, to the attorney general (ORC 3519.01(B)). Art. Art. What is the difference between referendum and initiative. Art. Secret ballot. Const. Art. Public review or notice: Public may comment on public and internet posting of measure by attorney general for 30 days and then proponents may amend the measure (Cal.Elec.Code 9002). 34, 25). XVI, 2). Submission deadline of signatures: Filed four months before election, and have been published in newspaper at least 30 days prior (Ark. Circulator requirements: Must be 18 years old and registered with the secretary of state. States also decide which election a ballot measure will be voted on and any time restrictions before a measure is placed on a ballot. In the U.S., the terms initiative and referendum refer to processes that allow citizens of states to vote on particular pieces of legislation.. 7-9-104; A.C.A. Art. Proponent financial disclosure requirements: Include but may not be limited to reporting requirements, special provisions for out-of-state contributors, a statement regarding intent to pay circulators, and political committees must register (NDCC, 16.1-08.1-02.4; 16.1-08.1-03.1; 16.1-08.1-03.2). 1-40-113). To register as a paid circulator, in the past give years one cannot have been convicted of a crime involving fraud, forgery or identification theft in any state or be subject to a civil penalty due to an election offense. Reports of contributions received and expenditures made must be filed at least seven days before any primary, special or general election. III, 2; Art. 1(4)). Art. If the legislature does not enact the proposition, then proponents may collect the additional 5 % of signatures required to get the measure onto the ballot (U.C.A.
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