and the remainder of the required signatures shall be filed not later than the first Wednesday of the following December. After review by legislature, the second 0.5 % of signatures are to be collected between mid-May and July. 7-9-104; 7-9-108), General review of petition: Exact petition copy filed with secretary of state and approval of title by attorney general (A.C.A. A report is also due no later than the 15th day after the deadline for filing the referendum petition (Mo.Rev.Stat. Art. 3, 20), Verification: Certified by the registrar (21-A M.R.S.A. 295.0575), Allowed to pay another for their signature: Prohibited (N.R.S. Code Ann. 250.045). If passed by legislature, it is subject to the referendum (M.C.L.A. Ballot measure committees must file pre-primary, pre-general, year-end and, if applicable, supplemental reports in even-numbered years. 34-1812c). Collected in-person: Yes, In-person (21-A MRS 902). Paid per signature: No ban on initiative petitions, but a statement must appear on the petition if circulator is being paid (W.S.1977 22-24-310). 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). Then, select a topic from the column at the left for comprehensive information or select a state in the map for state-specific information. Art. Must file a statement of formation as a political action committee within 10 days of formation. Art. Timeline for collecting signatures: Time limit for circulation begins with the first signature on a petition and ends 14 days after that. Not more than 5% of qualified electors, based on total number of votes cast for governor at last preceding gubernatorial elections. Then the legislature rejects or accepts the proposition unchanged (U.C.A. VI). 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). In Arkansas and Maryland, the application is filed with the state election board. 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. Who creates petitions: Proponents with advising by attorney general (Cal.Elec.Code 9012), Fiscal review: Prepared by attorney general, department of finance and the legislative analyst office (Cal.Elec.Code 9005; Cal.Gov.Code 12172). A legislature committee also reviews the measure by a deadline (N.R.S. Nevada: The secretary of state will appoint two, three-person committees, one for and one against the measure. 3, 52(c) and Wyo. By continuing to use this site, you consent to the terms of our cookie policy, which can be found in our. 32-1405). Circulator oaths or affidavit required: No. Const. Proponent financial disclosure requirements: Include but may not be limited to regulations on contributions, deadlines for filing reports, airing electioneering advertisements, statements, political communications, solicitation from certain groups and expenditures (O.R.C. Art. Art. Each page must contain the full text of the measure or an accurate summary approved by the attorney general (Const. Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. Const. Art. 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. 1(9)). Full text of the measure must be attached (A.C.A. Art. Art. Neb. Subject restrictions: Laws passed by a two-thirds vote of the members of each house are not subject to referendum (Const. 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. Const. Const. Proponent organization and requirements: None specified. May include a fee (RCWA 29A.72.010; 43.07.120; 29A.72.020; 29A.72.040). and the remainder of the required signatures shall be filed not later than the first Wednesday of the following December. After review by legislature, the second 0.5 percent of signatures are to be collected between mid-May and July and must be submitted to the local registrars two weeks before submission to the secretary of state. Collected in-person: Yes (Elec. III, 5 and 6; NDCC 16.1-01-09(7). 3501.38; 3519.05, Oklahoma: OK Const. 3, 53. Withdrawal process of individual signature: Yes, before May 15, signer submits request to county clerk (U.C.A. (Note: This provision was found unconstitutional by a superior court judge, affirmed by the state supreme court in August 2020.) 14, 3 and see Coalition for Political Honesty v. State Board of Elections (1976)). 34-1807), Paid per signature: Ban overturned (Idaho Coalition United for Bears v. Cenarrusa, 2001), Allowed to pay another for their signature: Prohibited (I.C. 15, 273; Miss. St. 32-1405). Conflicting measures: Voters may choose one or reject both. Code Ann. 53 22A and M.G.L.A. Petition title and summary creation: Proponent with attorney general approval (A.C.A. Art. 353, 354). Fiscal statements are the most common type of review, giving estimates and analysis on the likely fiscal impact the proposed measure will have on the state. XLVII, Pt. Submission deadline for signatures: Must be submitted before 5 p.m. no later than the earlier of 30 days after the first individual signs the petition or 40 days after the legislative session ends (Utah Code 20A-7-306(1)). Where to file: Attorney general (Elec. IV, 1(4)). III, 5(1)). 1953 20A-7-202; U.C.A. Political committees must file reports of contributions and expenditures. Florida: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme court. XLVII, Pt. V, 3). Bans on payment-per-signature have met with mixed results in the courts. These guidelines may include an application process, registering a certain number of sponsors, submitting the full text and an explanation of the measure, affidavits, the office or offices to file with, registering a proponent or opposition organization, campaign finance issues and the process for withdrawing an initiative. . Stat. Art. They exist in a variety of forms. 3, 19; 21-A MRSA 903-A, sub-4), Nebraska (Neb. 19, 3; N.R.S. Which election is a measure on: General election unless the legislature orders a special election (MT CONST Art. For statutory initiatives, must be submitted to be verified before appearing before the legislature on the second Tuesday in November in even-numbered years, or the next day (N.R.S. question. Rev. II, 1b), Types allowed: Direct statutory and constitutional amendment initiatives, and popular referendum, Single subject rule: Yes (OK Const. Improved homework resources designed to support a variety of curriculum subjects and standards. Other subject restrictions: Cannot require an expenditure of money unless a sufficient tax is provided (N.R.S. 3519.15; 3519.16). Legislature or other government official review: For indirect statute petitions, the legislature has 40 session days to pass or reject the unchanged or un-amended measure. Prepared jointly by the secretary of state and attorney general, Const. Withdrawal of petition: Only before submissions (10 ILCS 5/28-3), Petition title and summary creation: Proponents, no statute (ILCS Const. 12, 2). Art. 4, Pt. Art. Steps for an Initiative to become Law Write the text of the proposed law (initiative draft). 2 with the secretary of state (34 Okl.St.Ann. 15, 273; Miss. Six states prohibit sponsors from paying circulators on a per-signature basis. 53 7). Referendum, however, is a measure submitted by the government to the people for their approval. 2, 10; Cal.Elec.Code 9004). 7-9-106). . Circulator requirements: Must be 18 or older, registered with the secretary of state, and cannot have been convicted or pled guilty to forgery crimes (V.A.M.S. Art. 34-1805). Public review or notice: The attorney general submits a draft ballot title and the public may submit written comments regarding it, which the attorney general may use to revise the title. II, 1c and 1g; ORC 3519.16(F). 2, 8. For constitutional amendments, generally take effect upon passage (Opinion of the Justices (1972) 287 N.E.2d 910, 362 Mass. Utah: The governor must decide that two measures are in conflict (U.C.A. II, 9). 3, 2). Const. 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. They may also submit their own alternative ballot measure to the people if different but under the same subject area. 1953, Const. Who can sign the petition: Qualified voters (M.G.L.A. The veto power may be exercised only against entire bills, and it may not be exercised upon sections of bills except in the case of appropriation bills (1963 Alas. Circulator requirements: U.S. citizens, 18 years of age or older and a resident of the state as determined by AS 15.05.020 (AS 15.45.335). III, 2). 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. Allowed to pay another for their signature: Prohibited (Const. Secretary of the commonwealth and attorney general jointly. 12; 25). Types allowed: Indirect initiative for statute, direct initiative for constitutional amendment, and popular referendum, Other subject restrictions: No private or special laws (Const. Law 7-103(c). Art. 2, 1). Where to file: Lieutenant governor (Utah Code 20A-7-302). Contributions in excess of $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. Circulator oaths or affidavits: Yes (NDCC Const. Timeline for taking effect: 30th day after the election at which it was passed (Const. If less than 90 % are valid, the petition fails. 250.029). The same title drafted by the title board in the pre-qualification is used on the ballot. Code Ann. Attorney general then submits petition to the secretary of state which begins the deadline clock (Cal.Elec.Code 336, 9001, 9002, 9004). 7-9-114. Which election: At the next ensuing election held throughout the state for members of the U.S. House of Representatives (Const. What is on each petition: The petitions must have a copy of the bill, an impartial summary, a warning, space for signatures, and if the circulator is paid (W.S.1977 22-24-304; 22-24-310; 22-24-311). Art. 54 53). A statement of 100 words or less by secretary of administration and finance regarding fiscal consequences of the measure. Prepared by the Financial Impact Estimating Conference. Subject restrictions: None (Const. Collected in-person: Yes (N.R.S. Constitution 48, Init., Pt. 1-40-123), Majority to pass: Amendments require 55 % (C.R.S.A. Petitions are valid for one year, and deadline of 90 days before the first day of the legislative session. V, 3 and OK Stat. General review of petition: Reviewed by attorney general and Ohio ballot board, which also writes pro or con statements if not supplied (OH Const. Monthly reports are due on the 10th for any preceding month in which total contributions received or total expenditures made exceed $200 (RCW 42.17A.235). If more than one-third but less than the full number of the signatures required is submitted by June 1, the time for the law to take effect and the time for the filing of the remaining required signatures is extended to June 30 (Const. OH Const. 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. 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. 168.22e; 168.476; 168.477; 168.480). Initiative, referendum, and recall are three means by which the people may bring their will to bear directly on the legislative process and the machinery of government. Initiative, Referendum, and Recall Applications for the 2024 Election Cycle. Utah requires 60 percent approval for laws that alter hunting and fishing (See Utah Const. Art. Petition title and summary creation: None specified for title, and summary "prepared by the person authorized by law" (M.C.L.A. Twelve months for collection, and no signatures may be obtained prior to 24 months before the general elections that it is to be voted upon. 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. Art. Timeline for taking effect: Upon publication of the certificate by the secretary of state of the result of the vote (Const. Circulator oaths or affidavits: Yes (O.R.C. Art. 48, Pt. Art. 100.371, 101.161; F.S.A. Const. XI, 3 and AS 15.45.320(5)). Art. Const. 3, 18). Proponent organization and requirements: No later than thirty (30) days after a proposed bill is submitted for certification, the committee of applicants the names of 100 registered voters who will act as sponsors. II, 1a; 1b; 1g; O.R.C. The following is not a legal, comprehensive list of every campaign finance law governing the referendum process in each state but is rather a basic summary and starting guide for where to find relevant statutes. If a majority of electors vote to reject both, they both fail, though the preference vote between them is still voted and made public (MS Const. Washington requires 60 percent approval for laws authorizing gambling or lotteries (Washington Const. Fiscal review: The financial estimate committee will estimate costs and consult with the legislative revenue officer (O.R.S. 901, 906; 1 M.R.S.A. (NDCC Const. For initiated state statutesorveto referendums, signatures must be gathered from 5% of qualified electors in each of one-third (34) of the state's 100 legislative districts. Verification: Each countys supervisor of elections will take a sample or verify every signature. 3519.07, Oregon: O.R.S. Types allowed: Direct initiative for statute and constitutional amendment, and popular referendum, Single subject rule: Yes (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. 19, 2; N.R.S. Bill No. II, 1b and 1g; O.R.C. Art. III, 3; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. Code 13-309). Number of signatures required: For statutory initiatives, 8 % of legal voters that cast ballots for governor in the last election. Art. Art. Which election is a measure on: Next general election or a special election if ordered by the legislature (RCWA Const. 1953 20A-7-205; 20A-2-105). Prov., 3). 19, 3 and NRS 295.0575). For indirect initiatives, about nine months (proposed measure submitted within 10 months of the session it is to be submitted at with a deadline of 10 days before the session). 4, Pt. Ballot title and summary: The same ballot title and popular name that appeared on petitions (drafted by sponsors) is submitted by the secretary of state to the board of canvassers for certification. Circulator requirements: Must be 18 years old and registered with the secretary of state. Amount is specified by secretary of state by rule. Art. It is argued that the simple existence of the initiative mechanism acts as a check on the activities of the legislature. Circulator requirements: According to secretary of state's. 5, 1; A.C.A. 2, 2; M.G.L.A. Const. 19, 2). Updated on June 03, 2021. Petition title and summary creation: Attorney general (RCW 29A.72.060). Public review or notice: A pamphlet containing titles, summaries, arguments or explanations for and against each measure and alternative (sponsors may prepare their own arguments/explanations, otherwise the Secretary of State will). Const. Ballot title and summary: The secretary of state and the attorney general also jointly make a more descriptive ballot question summary to be sent to voters. Const. Seven years (or two-thirds vote prior to seven years), Two years (or two-thirds vote prior to two years). In three states (Massachusetts, Ohio and Utah), proponents must gather additional signatures to place the measure on the ballot after the first round. II, 1c). For statutory initiatives, must be submitted to be verified before appearing before the legislature on the second Tuesday in November in even-numbered years, or the next day. Art. Art. 5, 1). Art. 901 and 1 M.R.S.A. All 24 citizen initiative states require political organizations supporting or opposing a ballot measurealmost always considered political action committeesto follow state campaign finance laws. A statement must be filed by a ballot issue committee supporting or opposing a measure not more than 35 days after the petition is filed (MCL 169.234). Submission deadline for signatures: June 1 (Const. In order to suspend effectiveness of the act pending a vote, signature requirement is 10% (Const. Petition title and summary creation: Attorney general certifies submitted title and measure and summary by secretary of state, with attorney general oversight (M.G.L.A. Fifteen% of those residing in at least two-thirds of the counties of the state, as determined by those who voted in the preceding general election in that county. In some states, the legislature or governor may order a special election for a measure. Code 13-208 for statement of organization. Const. 8). 1(6B)). Who creates petitions: Secretary of state approves the format and printers proof (C.R.S.A. Art. 3, 50 and V.A.M.S. 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206). The full title and text of the measure must be attached to each signature sheet (Const. Fiscal review: Yes (W.S.1977 22-24-309). Verification: The secretary of state may verify the signatures on the petition by use of random sampling (Mo.Rev.Stat. Art. To place a popular referendum on the ballot, sponsors must gather signatures on petitions. 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). Const. Withdrawal process of individual signature: May cross out signature on petition prior to submission to clerk or by written statement expressing wish for withdrawal after the petitions are turned in to the clerk (I.C. Acts making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act. 4, 1, Pt. Constitution 48, Init., Pt. Timeline for collecting signatures: Twelve months. 2, 3, Michigan: M.C.L.A. Art. Collected in-person: Yes (AS 15.45.340(a)). Who creates petitions: Unclear who actually creates the petition, but it must be created according to a form prescribed by the secretary of state (NDCC 16.1-01-09). In odd-numbered years, year-end reports are required. If both are approved, the one receiving the greatest number of affirmative votes prevails (34 Okl.St.Ann. IV, 1(3)). Ballot title and summary: A statement of purpose and implication, not to exceed 135 words, and yes-no statements are drafted by petitioners and reviewed and approved by the attorney general. Constitution 48, Init., Pt. Art. St. 32-630; 32-628). 1953 20A-7-201). It fails if under 90 % and qualifies if at least 100 % (N.R.S. II, 1g). 19-123 and A.R.S. 48, Init., Pt. Art. 19-102; 19-111), What is on each petition: Must follow prescribed form and summary and that it was prepared by proponents, title, that circulator is paid or not, and warning about legality of signing unofficial sheet (A.R.S. Must contain only subjects that are related or mutually dependent. III, 3). 116.332). 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). A fee of $500 is required; fee is deposited in general fund (Const. OH Const. 3, 17(2)). Art. 2, Sec. Who creates petitions: Secretary of state (N.R.S. Const. California. Petition title and summary creation: Secretary of state provides serial number, and attorney general writes a title posed as a question and summary (Miss. Art. Art. 7-9-105). 116.332). 1953 20A-7-203). Ban struck down by courts (RCWA 29A.84.280; LIMIT v. Maleng, 1994). Circulation may begin once the attorney general has drafted a circulating title and summary; petition must be submitted within 90 days after the enactment date of the statute. Legislature may hold public hearings and must hold a committee hearing once 25 percent of signatures are collected (Cal.Gov.Code 12172; 10243; 12172; Cal.Elec.Code 9007; 9034). III, 3). Circulator oaths or affidavits: Yes, and notarized (A.R.S. 15, 273), Conflicting measures: Measure with highest number of affirmative votes prevails (MS Const. Petitions are deemed invalid if signatures are gathered in violation (ORC 3501.381). 5, 1). II, 1g; O.R.C. CONST. 21-A, ch. 7-9-601; A.C.A. 53 7). June 22, 2022; a la carte wedding flowers chicago; . IV, pt. Art. 34, 25, Next statewide election unless a special election is called by the legislature or the governor for the express purpose of considering a referendum, Regular election unless otherwise ordered by the legislative assembly, Next regular general election or a special election called by the lieutenant governor, Const. Petition title and summary creation: Secretary of state and approved by attorney general (NDCC, 16.1-01-07). 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. Art. Next succeeding election at which the question may be voted upon by the voters of the entire state. IV, pt. Original title of the act that is subject to the referendum is included (A.C.A. Does the law in question take effect before the referendum vote: Not specified. 901 and 1 M.R.S.A. 130.110; 130.120; 130.029; 130.046; 130.041, Nevada: N.R.S. Proponents are required to ensure that all circulators receive instruction on the requirements and prohibitions imposed by state law with respect to signature gathering (Elec. Code 84107). 905-A; M.R.S.A. At general elections except when a special election is ordered by the legislature, and must be filed at least six months before the election it is to be voted on. Art. The secretary of state will also conduct at least one public hearing in each congressional district on each ballot measure (Miss. II, 1b and 1g; O.R.C. Ohio ballot board; proponents may suggest title. 2, 9). Repeal or change restrictions: No statute. Petition must be filed with county officials not later than 15 days following the primary election. II, 1d). And secretary of state will hold public hearings at least 95 days before the election (O.R.S. Outer page of petition pamphlet includes warning to signers. Code Ann. After chance for comment by all legislators, the legislative council prepares an impartial analysis with description, background information and likely effects (A.R.S. For indirect initiatives, about nine months (proposed measure submitted within 10 months of the session it is to be submitted at with a deadline of 10 days before the session) (RCWA 29A.72.030). Geographic distribution: None (MCL 168.471 requirement that no more than 15% come from a single congressional district was found unconstitutional in AG opinion 7310, May 2019). Ballot title and summary: Proponents draft and submit a ballot title in their original filing (34 OS 8). Const. Repeal or change restrictions: No veto by governor. Application process information: Not specified. 1953 20A-7-204). Art. 32-1405.01; 32-1405). Circulator oaths or affidavits: Yes (V.A.M.S. The wording on the ballot must read: The legislature passed . What is on each petition: Petition is addressed to the secretary of state and must contain for each petitioner a declaration that he is a qualified elector, address and date of signature. Cure period for insufficient signatures: Upon notice that the petition was improperly filed, sponsors may amend and correct the petition by circulating and filing a supplementary petition within 10 days of the date that notice was given if 90 days have not expired after the adjournment of the legislative session in which the act was passed (AS 15.45.400). Two years for collection, and deadline of four months prior to the general election. III, 5(1)). 218D.810; 293.267). Most states require that the petition bear a title and/or summary of the proposed measure. There has been one exception: The case Initiative and Referendum Institute v. Jaeger (2001) in North Dakota upheld the ban on paying per signature.
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