3, Sec. 116.110). 168.474a; 168.486; 168.477; 168.32). Code 107). There is a filing fee of $2,000, which is refunded if the measure qualifies for the ballot within two years (Const. Ballot title and summary: Attorney general after receiving written comments from the Legislative Research Council (SDCL 12-13-25.1). For an act passed less than 45 days before June 1, the first third of the required number of signatures must be submitted within 30 days of the acts passage, and the time for filing the additional required signatures is extended another 30 days. 3, 18). Signatures must be submitted no later than 18 months after the petition form was furnished by the secretary of state, and each signature is only valid for one year. Art. Disclosure of advertisements is required. Art. 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. Timeline for taking effect: 30th day after the election at which it was passed (Const. IV, 1 and NMSA 1-17-1). Proponent financial disclosure requirements: Include but are not limited to regular reports filed with Ethics Commission, deadlines for filing, dollar amounts to report, dollar limits on contribution amounts, and no donations from PACs or anonymous contributors (A.C.A. 4, 1, Pt. If 20 % or more of signatures on any part are invalid, then the burden to prove the rest are valid falls on the sponsors (Ark. Allowed to pay another for their signature: Prohibited (IC 34-1821). 168.471; 168.472). Must register prior to signature collection and expenditures (On Our Terms '97 PAC v. Secretary of State of Maine (1999) and 21-A MRSA 903-C). Application process information: A sample sheet is submitted to the secretary of state before petitions may be circulated. Tit. 3, 52(f)). Must register organization (5 ILCS 20, 10 ILCS 5/28-9). 250.045; 250.067; 250.035; 250.036; 250.075). Considered a committee if individual raises or spends more than $5,000. The secretary assigns an official serial number to the petition and assigns numbers to petitions in numerical sequence (ARS 19-111). II, 1g; O.R.C. Political committees must file reports of contributions and expenditures. IV, pt. Cannot have been found guilty of a criminal felony or a violation of election laws, fraud, forgery or identification theft, Cannot have been convicted of or pled guilty to crimes involving forgery. NDCC 16.1-01-12(1)(j), 16.1-08.1-02, 16.1-08-03. Const. What is on each petition: Form of the petition is prescribed by the State Board of Elections. Art. Art. This was a highly popular proposal to reduce property taxes in the state by 57 percent. Nevada: The secretary of state will appoint two, three-person committees, one for and one against the measure. 250.045). Fiscal review: The financial estimate committee will estimate costs and consult with the legislative revenue officer (O.R.S. Full and correct copy of title and text must be printed on petitions (NRS 32-1403). The decision may take the form of a ballot question, a private survey, or a poll. XLVII, Pt. Submission deadline for signatures: Within 90 days after the enactment date of the statute (Const. 7-9-104). 116.332, Const. The second sampling must use a greater number of signatures than the first. Attorney general certifies submitted title and measure and summary by secretary of state, with attorney general oversight. Conflicting measures: The measure with highest number of affirmative votes prevails (M.C.L.A. Circulator requirements: Signed statement if paid and 18 years old (Cal.Elec.Code 104, 9022, 9610; Code.Civ.Proc. Art. III, 3) and at least 18 years of age (NDCC 16.1-01-09(4)). 5 Advantages and Disadvantages of Referendums - ConnectUS A person also qualifies as a ballot measure committee if 2% or more of its annual revenues, operating expenses or funds are used to make contributions to another ballot measure committee which exceed $10,000 in value. Who can sign the petition: Electors of the state (OH Const. Submission deadline of signatures: Ninety days from the official set date from the secretary of state (34 Okl.St.Ann. 2, 3; Const. Submission deadline for signatures: 5 p.m. on or before the 90th day after the recess of the legislature, or if the 90th day is a weekend or holiday, by 5 p.m. on the preceding day which is not a weekend or holiday (Const. Where to file: Secretary of state (Const. Eighteen months, but cannot start collecting more than two years before the election, and a deadline of six months before the general election. 3, 1 and SDCL 2-1-5). Const. Circulator requirements: Residency requirement struck down (Term Limits Leadership Council v. Clark [1997]; Miss. Initiative is when citizens get signatures and make the decision . 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. Rev. 100.371). Petition title and summary creation: The filer submits a description pursuant to N.R.S. Tit. The state must essentially pick a point in time at which to capture a snapshot of the total number of registered voters. Art. Art. Titles 16 and 19), prior to beginning any . Art. Who creates petitions: Secretary of state prepares an official template for the cover sheet and signature sheets for each petition (ORS 250.052). ), Payment on a per-signature basis prohibited. VI, Subpt. 116.090). 905-A; M.R.S.A. 3, 52). Art. Circulator oaths or affidavit required: Yes (Elec. Six states (California, Maine, Massachusetts, Nebraska, Ohio and Wyoming) require a certain number of days, ranging from 30 to 180, to pass between the date the petition qualifies and the election. Proponent financial disclosure requirements: Include but may not be limited to that proponent or opponent groups for a ballot proposition are considered political issue committees unless they meet certain criteria such as not expending more than $5,000, and political issue committees register and report financially (U.C.A. Art. Most states only allow an individual to withdraw a signature before the official filing of the petitions. 34-1804). Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. 34-1807, 34-1705). III 5). Art. Art II, 10 and Elec. Legislature or other government official review: Legislature reviews the measure as submitted to it by the proponents. Art. 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. Referendum: Definition, Rationale and Criticism for UPSC Polity - BYJUS 19, 2; Art. 3, 1). 5, 3). Fifteen % for amendments (A.R.S. Const. Some states also include signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional. Circulator requirements: 18 years of age (34 OS 6). Art. 1953 20A-7-201; 20A-7-208). II, 1a; 1b). All chief petitioners must sign the form to withdraw (O.R.S. Art. Paid per signature: Prohibited (Const. 34-1803B). The Progressive Era Pt. 1 Flashcards | Quizlet Petitions always include a title and/or summary of the proposed measure, although who writes this information varies. 14, 9). Const. 2, 9; Const. **Residency requirement was struck down by Term Limits Leadership Council v. Clark (1997). If includes expenditures, must also include sufficient increased revenue sources that cannot come from general fund. Idaho: Within 20 days after initial petition filing, attorney general reviews and recommends revisions in an advisory capacity. Circulator oaths or affidavit required: Yes (AS 15.45.360). Massachusetts, Ohio and Utah use this sort of process. Art. Recall is the ability as a citizen to petition for a re-vote of an elected official who is believed to be ineffective. Application process information: Written application including full text of proposed law and summary that explains its purpose, signed by five people and the applicant (21-A M.R.S.A. Stat. XVI, 1), Timeline for taking effect: Thirty days after the election (Ohio Const. 11 1 and 5). Two states require supermajorities for laws that seek to alter specific topics. 6, 22), Other Subject restrictions: No restrictions (See U.C.A. 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. For statutes, the legislature may amend at any legislative session (U.C.A. 1953, Const. 12, 2; M.C.L.A. Currently, for constitutional amendments signatures must be gathered from at least 2 % of the total registered electors in each state senate district (C.R.S.A. 5, 5; M.G.L.A. Art. 5 1; 7-9-122), Maine (M.R.S.A. Const. 2; Neb. The attorney general may approve the title or revise as necessary to comply with the law. To re-enable the tools or to convert back to English, click "view original" on the Google Translate toolbar. Massachusetts: at least 30% (Const. Proponent organization and requirements: Must obtain certificate of review from attorney general and file petition with secretary of state (I.C. Six months to turn in signatures once petitions have been titled and certified for circulation, and filed no later than three months and three weeks before the election and made by 3 p.m. on the day of filing. The committees select a chair and may prepare arguments and rebuttals, which will be reviewed by the secretary of state for the ballot. 19-111). 5 1). Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). If the referendum question gains enough "yes" votes, then . 3519.22). Art. Oregon requires the election as a whole to have had at least 50 percent voter turnout, but only requires a majority to pass (OR Rev. Other subject restrictions: If there are insufficient state funds and the measure does not provide a source, it is effective 45 days after next regular legislative session (M.R.S.A. Eighteen months for collection, and then sponsors must submit signatures no later than six months before the election and can only start collecting the day after the previous general election. Timeline for taking effect: When governor makes official declaration of vote but not later than 30 days after vote canvassing (C.R.S.A. The reform movements of the Progressive Era generally focused on . Rev. Once the lieutenant governor receives the verified packets from the clerks, they count the number of names and declare the proposition sufficient or not (U.C.A. Timeline for taking effect: 30 days after the election (Const. III, 52(a)). Seventeen states have subject matter limitations other than the single-subject rule: Dedicate revenue, repeal appropriations, create courts, define court rules or jurisdictions, or enact local or special legislation. 5, 1), Single subject rule: Yes (Cal.Const. 3503.06). 22-24-414). Referendum is a decision for the general assembly to put a bill on the ballot. 3599.03, Oklahoma: 34 Okl.St.Ann. What did referendum and recall do? - TeachersCollegesj If paid, must also register with the secretary of state and take training program (O.R.S. Const. Verification: Submitted to local registrars of each signer two weeks before submission to secretary of state, who establishes regulations to verify. Five states have time limits on the repeal or alteration of measures. Most states require proponents of a proposed law to follow guidelines. Other subject restrictions: Limited to matters that can be enacted by legislation, and no measures that interfere with the legislatures ability to direct taxation of necessary revenues (Nebraska Const. There is a principal circulator whose information is publicly available upon request. If he finds it in proper form, he shall so certify. Art. 22-24-401, Laws related to dedications of revenue, appropriations, local or special legislation or laws necessary for the immediate preservation of the public peace, health or safety. 3, 52(f)). Petitions must be submitted within 90 days of the adjournment of the legislature which passed the law. Arizona: Const. 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. Collected in-person: Yes (Mo.Rev.Stat. Art. Who can sign the petition: Electors (Const. II, 1(d)). 3, 6). General election, or at a special election ordered by the general assembly. 22-24-401). 2, 4, Pt. Const. Collected in-person: Yes (AS 15.45.340(a)). 100.371, 101.161; F.S.A. A recall is when a political committee petitions the electors of the state, county, city/town, or district to demand an officer be recalled based on a statement of grounds by the committee. Art. XVI, 3(d)). 19, 2; N.R.S. Art. Petitions carried by paid circulators must be filed on a monthly basis. Const. Arguments for and against are prepared by committees with members appointed first by the secretary of state, the senate's presiding office, and the house's presiding officer. Timeline for taking effect: Thirty days after the Governor's proclamation of the results (Const. Application process information: Requires 25 or more must signatures as a sponsoring committee and present the complete measure to the secretary of state for approval, one of whom which must be designated as chairman of the sponsoring committee. Repeat measures: Cannot be same as a measure at either of the two preceding biennial state elections (M.G.L.A. III, 4; Neb. 7-9-111). Art. This is generally the secretary of state, but in Alaska and Utah, the lieutenant governor is the states chief election officer. No appropriations or other new revenues not provided for in the measure. Petition title and summary creation: The title of the act subject to the petition appears on the petition (Utah Code 20A-7-303). Number of signatures required: For statutory initiatives, 2 % of the residential population according the last federal decennial census. Petition title and summary creation: Attorney general (RCWA 29A.72.060), What is on each petition: Ballot title, summary, warning and full text of the measure (RCWA 29A.72.120; 29A.72.110). Some states have what's called an indirect initiative process. Art. Art. 19, 1). Michigan: The director of elections, with the approval of the board of canvassers, prepares a statement of designation for the ballot. Contributions from non-residents of the state, political committees organized outside the state, or an entity that is not filed with the secretary of state for four years preceding the contribution are prohibited (SDCL 12-27-18.2). Rev. Verification: The qualified voter file shall be used to determine the validity of petition signatures by verifying the registration of signers and the genuineness of signatures on petitions when the qualified voter file contains digitized signatures. Who can sign the petition: Legal voters of the state of Oklahoma (34 Okl.St.Ann. 5, 1), Timeline for taking effect: Thirty days after the election unless otherwise specified in the act (Ark. (SDCL 2-1-3). Most states require that the petition bear a title and/or summary of the proposed measure. Vote requirement for passage: Majority (SDCL 2-1-12). 1953 20A-7-202). III, 3, Neb. Art. Petition title and summary creation: Secretary of state and approved by attorney general (NDCC, 16.1-01-07). Art. 15, 273; Miss. Signatures must be submitted no later than 18 months after the petition form was furnished by the secretary of state, and each signature is only valid for one year. 250.045; 260.035; 260.054). A petition's sponsor must file a campaign finance report at the time a petition is filed under 6-205 and a committee opposing a ballot measure must file a campaign finance report within 10 business days after the petition is filed under 6-205 (Elec. The Law of direct democracy Book 2014 WorldCat. Const. Evaluations done by lieutenant governor and Office of Legislative Research and General Counsel (U.C.A. If the attorney general does not approve of the statement, they prepare one themselves (MCA 13-27-312). For indirect initiative states, this review process involves the legislature and can be quite extensive.