But these devices, like the recall, are legal only in certain states and municipalities, not at the national level. Application must include act to be referred; statement of approval or rejection; printed name, signature, address and numerical identifier of not less than 100 qualified voters who will serve as sponsors; the designation of a referendum committee consisting of three sponsors who will represent all sponsors and subscribers in matters relating to the referendum. Petition title and summary creation: Secretary of the commonwealth drafts a fair, concise summary that appears on petitions and on the ballot (Const. Verification: Submitted to local registrars of each signer two weeks before submission to secretary of state, who establishes regulations to verify. Paid per signature: No ban, but must mark this and identify their employer on the affidavit (V.A.M.S. Majority to pass: For statutory initiatives, a majority at a single general election. Code 23-17-3), Which election is a measure on: Statewide general election (MS Const. 3, 1). Proponent financial disclosure requirements: Include but are not limited to considered same as political action committee, quarterly reports, deadlines for filing reports on specific dollar amounts of contributions, information on donors, full disclosure of campaign staffers, no limit on amount of money a contributor may give to political action committee (see 21-A M.R.S.A. 116.334; 116.260). St. 32-1416). For statutes, 5% of total qualified electors of the state, determined by the number of votes cast for governor in the preceding general election. Amend. III, 2). Cure period for insufficient signatures: If a petition is insufficient, a period of 20 days is allowed for correction (Const. 3501.38; 3519.05). 4, 1, Pt. Cannot have had a civil or criminal penalty for a violation of election code in the last five years; been convicted of treason or a felony and not restored civil rights; been convicted of any criminal offense involving fraud, forgery or identity theft. Initiative. Circulator requirements: Must be Montana resident (MCA 13-27-102; 1-1-215), Circulator oaths or affidavits: Yes (MCA 13-27-302), Paid per signature: Cannot be paid based on the number of signatures collected but can be paid in general (MCA 13-27-102; 13-27-112). Majority to pass: Yes (NDCC Const. Art. Voters can propose and vote for new laws. Code 107, 18680. 4 1, Part 1(6B), (6C) and (6D). 15, 273), Who can sign the petition: Qualified electors (MS Const. Verification: The secretary of state has 35 days to verify. II, 1b). If amended, expired or rejected, it goes onto the ballot. 12, 2). Art. Conflicting measures: The measure with highest number of affirmative votes prevails (M.C.L.A. Study with Quizlet and memorize flashcards containing terms like The initiative, referendum, and recall are examples of a. direct democracy. Timeline and deadlines for collecting signatures: First 10 signatures must be turned in by the first Wednesday of the September before the assembling of the general court . Conflicting measures: If the governor believes that two approved laws, or parts laws, are entirely in conflict, they proclaim the measure to be law that has received the greatest number of affirmative votes (U.C.A. Who can sign the petition: Legal voters (IC 34-1805 and -1814). Art. Ballot title and summary: Secretary of state drafts title (21-A MRS 905-A and 906). Art. II, 1g; Art. 19, 2; American Civil Liberties Union of Nevada v. Loma (2006); N.R.S. Verification: The secretary of state may use any statistical sampling techniques for this verification and canvass which have been adopted by rule as provided by chapter 34.05 RCW (RCWA 29A.72.230). Thirteen states require publication in a newspaper: Arizona, Arkansas, Florida, Illinois, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, Ohio, Oklahoma and Utah. Secretary of state may send petition pages to election authorities for verification. Law 6-201). Collected in-person: Yes (U.C.A. Time period restrictions before placed on the ballot: If 60 days do not so intervene between submission of the petition and the date for holding the next state election, then such law shall be submitted to the people at the next following state election, unless in the meantime it shall have been repealed (Const. 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. What is on each petition: A copy of the act to be referred if the number of words is 500 or fewer; the statement of approval or rejection; a statement of the minimum costs to the state associated with certification of the application and review of the petition, excluding legal costs and costs associated with any challenge to the validity of the petition; an estimate of the cost to the state of voter approval or rejection; an impartial summary of the subject matter of the act; a statement of warning prescribed in AS 15.45.330; sufficient space for the printed name, numeric identifier, signature, date of signature, and address of each person signing the petition; and other specifications prescribed by the lieutenant governor to ensure proper handling and control (AS 15.45.320). Application process information: Any legal voter of the state may file with the secretary of state a legible copy of the part of such act on which a referendum is desired, an affidavit that the sponsor is a registered voter and a filing fee in an amount to be established by the secretary of state (RCW 29A.72.010). 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). 34-1802). Revised statutes now require that signatures be equally collected among all the petition districts (congressional districts). Art. What is on each petition: Petition must include title of the act, and if only a portion of the act is sought to be referred, the number of the section or sections or portion of sections of the act designating such portion (Const. Art. Legislature or other government official review: Attorney general aids summary (21-A M.R.S.A. A person may not be a circulator who has had a penalty for violation of title 16 (election laws) or title 19 (initiative and referendum laws) in the past five years, has been convicted of treason or a felony and has not been restored to civil rights, or has been convicted of any offense related to fraud, forgery or identity theft (ARS 16-114(D). Repeal or change restrictions: A measure approved by the electors may not be repealed or amended by the legislative assembly for seven years from its effective date, except by a two-thirds vote of the members elected to each house (NDCC Const. Const. Const. What is on each petition: Must follow form guidelines and include signature of attorney general, affidavit of canvassers, instructions and signatures for only one county (A.C.A. II, 1a; 1b; 1g; O.R.C. 48, Gen. S. So as a whole, the free-response section accounts for half your total AP Gov score (the other 50% comes from the multiple-choice section). Does the law in question take effect before the referendum vote: An act referred to the people is in effect until suspended by petitions signed by at least 15% of the qualified electors in a majority of the legislative representative districts. 1-40-106 and 1-40-107). Art. 3, 2), Proponent organization and requirements: No additional. Art. 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. 100.371; 16.061). II, 9, a law that is the subject of the referendum continues to be effective until the referendum is properly invoked, which occurs when the board of state canvassers makes its official declaration of the sufficiency of the referendum petition (MCL 168.477(2)). Chief petitioners must file a statement declaring whether circulators will be paid (ORS 250.045). 5, 1). Const. Art. Const. Which election: Regular election (State, congressional, or municipal) or a special election called by proper official or when 15% of voters petition for one (Const. Legislature may amend initiative after two years. (Elec. 19, 1). 3, 19; 21-A MRSA 903-A, sub-4), Nebraska (Neb. 7-9-107). 353, 354). Random sample process must require the random selection and verification of 500 signatures or 5% of the total signatures on the petition, whichever number is greater, to determine what percentage of the random sample is composed of signatures that are authorized by law to be counted. 24-22-403). Amend. Art. Some of these geographic distribution requirements have been found to be unconstitutional, largely on one person, one vote grounds. If statute petition is passed by the legislature, then it is subject to the referendum. 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). Art. Which election: Next general election (Const. 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 y the Wyoming constitution. Const. Cannot have had a penalty for violation of title 16 (election laws) or title 19 (initiative and referendum laws) in the past five years, been convicted of treason or a felony and has not been restored to civil rights, or been convicted of any offense related to fraud, forgery or identity theft. N.R.S. Art. Art. 3519.05; 3501.38). 19-101(A), Maryland: Const. Supermajority vote only to change vote requirement. Collected in-person: Yes (NRS 32-630 and -1404). IV, 1). Art. The popular referendum is a measure that appears on the ballot as a result of a voter petition drive and is similar to the initiative in that both are triggered by petitions, but there are important differences. Circulator oaths or affidavit required: Yes (Const. 116.110) to the simple crossing out of ones name in Idaho (I.C. Art. States also decide which election a ballot measure will be voted on and any time restrictions before a measure is placed on a ballot. Which election: Next statewide election, unless a special election is called by the legislature of the governor for the express purpose of considering a referendum (Const. They exist in a variety of forms. Art. Geographic distribution: In each of two-thirds of the congressional districts, and each petition page must only contain signatures from a singular county (V.A.M.S. Reports are monthly during election years and annually in nonelection years. 1-40-134). No more than one-quarter of signatures may come from a single county, 5% in each of two-thirds of the congressional districts, 5% of the vote cast for governor at the preceding election from at least one-third of legislative districts, Neb. Amend. Art. 21 1), and by 5 p.m. on final day (A.R.S. Verification: Secretary of the commonwealth is directed to establish "regulations designed to achieve and maintain accuracy, uniformity, and security" (MGL ch. 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. Political committees must file reports of contributions and expenditures. They represent direct check on democracy as people can exercise their powers to accept or reject a piece of legislation. 3, 17(3)). (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). 295.015). 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. 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). Timeline for taking effect: Thirty days after governor proclaims election results, which happens within 10 days after the vote has been canvassed and determined. Application process information: Must file a copy of the measure with the secretary of state and the sponsor; as an individual or acting on behalf of an organization, must file an affidavit. A.R.S. (21-A M.R.S.A. III, 3, Const. Art. Nine states require filing an initial number of signatures of sponsors as part of an application to circulate a popular referendum petition. Const. 15, 273; Miss. Art. Allowed to pay another for their signature: Prohibited (O.R.S. 11 906(6)(B)). 295.009; 294A.150; 294A.220). Art. What is on each petition: The full text of the measure, the affidavit of the circulator, the name of each petition district of the registered voters signing those pages, and each petition must have a 200-word or less description on each signature page of the petition (N.R.S. Circulator oaths or affidavits: Yes (Ark. Rev. Same must also be reported quarterly on April 15, July 15, Oct. 15 and Jan.15. All 23 popular referendum states require a simple majority to pass a popular referendum. Art. IV, 1). 353, 354). XVII, 1; Art. Cure period for insufficient signatures: None. Art. Art. 15, 273; Miss. 4, Pt. Art. 1953 20A-7-202). States sometimes limit how soon a measure can be re-attempted. Code Ann. Art. Vote requirement for passage: Majority of the votes cast thereon and at least 40% of the total number of votes legally cast in the election (Const. 34-1801a, 34-1804, 34-1809, Illinois: ILCS Const. Popular Referendum Overview. 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. Where to file with: Legislative council and office of legislative legal services first, and then the secretary of state (C.R.S.A. Const. 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. If neither receives majority, the one receiving the most votes, if it receives more than one-third of the votes given for or against both, will appear at the next statewide election to be held not less than 60 days after the vote (M.R.S.A. Art. 250.105). Petitions must be filed by 5 p.m. on the 90th day after the applicable legislative session adjourns sine die. Art. Allowable uses of funds by ballot measure committees are specified at Elec. Const. 6). Amend. Art. 19-123 and A.R.S. After certification for the ballot, the joint committee on legislative research holds a public hearing in Jefferson City to take public comments regarding the measure (V.A.M.S. Disclosure reports must be filed 60 days before the election, on the fifth and 20th day of each month until the election, the 20th day of November after the election and the 20th of January each year. Alaska prohibits payment in excess of $1 per signature. 7-9-106). 23-17-9), Time period restrictions before placed on the ballot: Ninety days before the first day of the legislative session and the first five measures make it on the ballot (Miss. A criminal records check is conducted (ORS 250.048). 14, 11. Proponent financial disclosure requirements: Include but are not limited to being a ballot question committee is treated as a type of political committee, filing electronic campaign finance reports, where a committee can spend, and unlimited contributions to a ballot question committee (M.G.L.A. 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). 2, 10), Timeline for taking effect: Day after the election unless otherwise specified (Cal.Const. The attorney general may approve the title or revise as necessary to comply with the law (34 OS 8(H) and 9). Ten% of total votes cast in previous general election with geographic requirement, Ten% of votes cast for all candidates for governor in previous election for statutes; 15% for amendments, Eight% of the total number of legal voters for statutes; 10% for amendments, Five% of votes cast for governor in last election for statutes or ; 8% for amendments, Five% of votes cast for secretary of state in last election, Eight% of total votes cast statewide in last presidential election, Six% of qualified electors at the time of the last general election, Eight% of votes cast for governor in last gubernatorial election, Ten% of total votes cast for governor in last gubernatorial election, M.G.L.A. 3, 52(e)) with the assistance of the attorney general (Wyo. Timeline for taking effect: On and after the 30th day after it the initiative was approved by voters unless otherwise specified (RCWA Const. Art. Circulator requirements: Idaho resident and at least 18 years of age (IC 34-1807). Const. Petition title and summary creation: Secretary of state, official committee that filed and approved by attorney general (O.R.C. 2, 9; M.C.L.A. Subject restrictions: The referendum shall not be applied to dedications of revenue, appropriations, local or special legislation, or to laws necessary for the immediate preservation of the public peace, health or safety (Const. 3, 18). Proponent organization and requirements: The sponsor of the bill who files with the secretary of state must appoint a three-member committee advocating approval of the ballot issue. Withdrawal process of individual signature: May not remove after official submission of petitions (O.R.S. A petition may only be rejected if two different sampling processes determine it does not have sufficient signatures. XLVII, Pt. Number of signatures required: 2% of the entire vote cast for governor at the preceding biennial state election (Const. Unclear; the statute describing the titling process by the attorney general specifically mentions initiative measures and constitutional initiatives but does not mention popular referenda. Circulator oaths or affidavits: Yes (NDCC Const. Law 13-202). Secretary of state and attorney general jointly make a more descriptive ballot question summary to be sent to voters. Time period restrictions before placed on the ballot: 180 days must pass after adjournment of the legislature and the election (Const. Must include full text of the measure, a ballot title and a popular name (A.C.A. Art. III, 6). General review of petition: Within 20 days after initial petition filing, attorney general reviews and recommends revisions in an advisory capacity. Verification: County officials verify each signature, printed name, date of birth and address with the voter registration records to determine if the signer is a registered voter (NRS 32-1409). Designated representatives must, within 10 days of filing a completed petition, file a report containing information about paid circulators and any other expenditures made in relation to circulating petitions. 11 5). Collected in-person: Yes (Elec. Petition title and summary creation: Proponents (Neb. However, the bans in North Dakota and Oregon were upheld by federal circuit courts. Vote requirement for passage: Majority (Const. XVI, 1), Timeline for taking effect: Thirty days after the election (Ohio Const. Art. Stat. The popular referendum process allows voters to approve or repeal an act of the legislature. Const. Art. Circulator requirements: Resident,18 years old and paid circulators must wear badges (U.C.A. Art. Who creates petitions: Proponents can produce them but must follow form (RCWA 29A.72.100). Timeline for taking effect: Goes into effect once the supreme court finishes canvassing the votes (N.R.S. 3, 18 and 21-A M.R.S.A. Const. Skip over the Blank Pages below! Circulator requirements: At least 18 years old and a qualified elector (34 Okl.St.Ann. 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.
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