An act that was suspended by a petition and is approved by the people is effective the date the result of the canvass is filed by the secretary of state (MCA 13-27-105(3)). 1953 20A-6-106; 20A-7-206). 3, 52(f)). Withdrawal process of individual signature: The person must file a sworn statement with the secretary of state any time before the petition is filed (V.A.M.S. VI, Subpt. The full title and text of the measure must be attached to each signature sheet (Const. 53 7). 19, 3; N.R.S. Signatures must be filed one year prior to the election. Art. But these devices, like the recall, are legal only in certain states and municipalities, not at the national level. Art. Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. Code Ann. 3, 19). Amend. Timeline for taking effect: Takes effect on the 5th day after the secretary of state files the statement of the vote (Const. 7-9-114. Prepared jointly by the secretary of state and attorney general, Const. Ballot title and summary: Secretary of state drafts title (21-A MRS 905-A and 906). II, 1g; O.R.C. Art. Code 82013, 84101, 84107, 84200, 84200.8, 84202.3 and Elec. II, 1(d)). Geographic distribution: None, but petition sheets are organized by county (A.R.S. 16, 6; N.R.S. Timeline for taking effect: Thirty days after the official declaration of the vote unless provided otherwise in the measure (Mississippi Const. 32-1405.01). II, 1b; O.R.C. Subject restrictions: The power of referendum does not extend to acts making appropriations for state institutions or to meet deficiencies in state funds (Const. XVI, 3(d)). 5, 1; A.C.A. V, 1(3)). III, 1). The descriptive title, which is printed below the official title on the ballot, is written by the secretary of state with the approval of the attorney general. 34-1809), Time period restrictions before placed on the ballot: Must file by the May before the election the measure is to be voted on (I.C. 116.130). 24, 1), Utah (U.C.A. 250.025). 3, 8), Timeline for taking effect: Thirty days after the election (NDCC Const. Allowed to pay another for their signature: Prohibited; a petition section is invalid if this happens (CRS 1-40-111(3)(IV)). 218D.810; 293.267). The legislature can provide for a different effective date with a two-thirds vote of the membership of each house (Const. 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. Public review or notice: Fiscal statement summary available at polling places, secretary of states office, and Office of Demographic and Economic Researchs website. Art. Const. Paid per signature: No ban found. Const. Amendments that propose a tax or fee not in place in November 1994 require a two-thirds vote to pass. And no measure that names an individual to hold office or names private corporation to perform any function (Cal.Const. Proponent organization and requirements: A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter 37 (MCA 13-27-112). 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. Amend. Art. V, 1(4)(a) and CRS 1-40-123). 3, 17(2)). Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). 100.371). Who creates petitions: Secretary of state approves the format and printers proof (C.R.S.A. 3, 18). Sponsors submit full petition to title board for review (CRS 1-40-105). Circulator oaths or affidavit required: Yes (Wyo. Repeal or change restrictions: For statutes, may be amended or repealed only by three-fourths of each house or by a vote of the electors. 2, 3), Proponent organization and requirements: Names and residences of first 10 signers in application appear on the ballot with the summary (M.G.L.A. Number of signatures required: 8% of the active voters in the state on Jan. 1 following the last regular general election (Utah Code 20A-7-301(1)). Other subject restrictions: Cannot "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" (OH Const. 101.161). 5, 1). Art. Number of signatures required: 5% of votes cast for all candidates for governor at the last gubernatorial election (Const. III, 3). Evaluations done by lieutenant governor and Office of Legislative Research and General Counsel (U.C.A. Nine states require filing an initial number of signatures of sponsors as part of an application to circulate a popular referendum petition. 23-17-1; 23-17-3). 15, 273). Legislature or other government official review: After chance for comment by all legislators, the legislative council prepares an impartial analysis with description, background information and likely effects (A.R.S. 1953 20A-7-213). 23-17-17; 23-17-19, Montana: MCA 13-27-201; 13-27-202; 13-27-204; 13-27-207, Nebraska: Neb.Rev.St. Many cities and about one fourth of the states have incorporated it into their charters or constitutions. Attorney general, after receiving written comments from the Legislative Research Council. Const. It fails to qualify if under 90% and qualifies if at least 100%. Code 9030). Code reviser issues certificate of review (RCWA 29A.72.020; 29A.32.040; 29A.32.060). Number of signatures required: For constitutional amendments, 10 % of the votes cast for governor in the last election. General review of petition: Attorney general may confer with proponents and recommend revisions (Miss. 1-40-111), Nebraska (Neb. Stat. If you desire to vote for the retention of the act, mark X in square opposite the words 'FOR APPROVAL OF THE ACT.' 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. St. 32-1405; 32-1406). 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. Art. General review of petition: Proponents may request review by secretary of state (Cal.Gov.Code 12172). Timeline for taking effect: For statutes, unless specified otherwise, Oct. 1 following approval. 116.025). 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). Where to file: Secretary of state (NMSA 1-17-8). (21-A M.R.S.A. XLVII, Pt. 22-25-106). Measure provisions cannot be dependent upon meeting certain vote percentage. Art. Timeline for taking effect: Thirty days after the election (Const. 3501.38). Art. General election, and signatures must be filed one year prior to the election. XVI, 5(b)). IV, 1), Ballot title and summary: Attorney general (O.R.S. Geographic distribution: A requirement for 5 % of the registered voters in two-fifths of the counties each was held unconstitutional, but that case was vacated because of an issue of standing (Neb. 116.030). Repeal or change restrictions: No veto by governor. Mississippi: Attorney general may confer with proponents and may recommend revisions. Public meetings are also held and posting of amendments (A.R.S. Eighteen states require proponents to file application materials with the states secretary of state: Two states require proponents to file application materials with the lieutenant governor: Five states require proponents to file application materials with the attorney general: Four states require filing with another entity: None listed, but must register organization with board of elections. Application process information: Application is filed on a form provided by the secretary of state and must contain the sponsor's name, or if an organization, the names and titles of its officers; address; intent to circulate and file a petition; a description of not more than 200 words of the principal provisions of the measure and the full text, in no less than 8-point font; and application for an official serial number. Repeal or change restrictions: Laws approved by the people under the referendum provision of this section may be amended by the legislature at any subsequent session thereof (Const. 14, 3), Types allowed: Indirect citizen initiative for statutes and popular referendum. Art. 3, 52(f)). b. actions at New England town meetings. 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. 48, Init., Pt. Proponent financial disclosure requirements: Must file statement of organization as a PAC upon receiving contributions or making expenditures in any combination of at least $1,000 in connection with an election (ARS 19-905(C)). V, 1(4)(a)). 902) concisely require the counting and verification of signatures, without detailed guidance. Art. 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. II, 10). Repeat measures: For three years, measures can only be proposed again by signatures totaling 25 % of total votes cast for governor last election, and special rule for competing measures (OK Const. Art. M.G.L.A. Thirteen states require a voter pamphlet or booklet, usually mailed to every voter or household: Arizona, Colorado, Idaho, Illinois, Maine, Massachusetts, Mississippi, Montana, Nebraska, Oregon, South Dakota, Utah and Washington. Verification: Random sampling (CRS 1-40-116). 48, Init., Pt. NDCC Const. For collection, if the petitions were filed at least 165 days before the election and the signatures are deemed insufficient, they may collect more, and deadline of four months prior to the general election. Conflicting measures: The measure with the most affirmative votes becomes law (NDCC Const. Petitions must be submitted not more than 90 days after the final adjournment of the session of the general assembly that passed the bill on which the referendum is demanded. 250.015; 250.052; 250.045, South Dakota: SDCL 2-1-1.1; 2-1-1.2; South Dakota Administrative Rules 5:02:08:07, Wyoming: W.S.1977 22-24-304; 22-24-310; 22-24-311, Maine (M.R.S.A. An estimated fiscal impact statement must be printed with any constitutional amendment or initiated or referred measure on the ballot. Const. Repeal or change restrictions: Governor may not veto (MT CONST Art. 7-9-103). All states require proponents of a popular referendum to follow guidelines. Geographic distribution: Yes. 34-1812a, 34-1812b, I.C. Art. 3, 1 and SDCL 2-1-5). A requirement for 5% of the registered voters in two-fifths of the counties each was held unconstitutional, but that case was vacated because of an issue of standing. 15, 273). 168.474a; 168.486; 168.477; 168.32). Massachusetts: Proponents may alter the measure in small ways after legislature reviews it. Cure period for insufficient signatures: If a petition is insufficient but has at least 75% of the required signatures in total and in each of at least 15 counties, secretary of state must permit at least 30 days to gather additional signatures (Const. 48, Init., Pt. Legislature or other government official review: Legislature reviews the indirect statutory initiatives. Art. 5, 6; 34 Okl.St.Ann. The ballot title may be distinct from the title of the law that is the subject of the petition (Utah Code 20A-7-308). Vote requirement for passage: Majority (Const. 34-1802). AB 45; 30). Reports are monthly during election years and annually in nonelection years. Art. See. Geographic distribution: From at least 15 of the 29 senate districts, signatures equal to 8% of the number of active voters in the county on January 1 following the last regular general election (Utah Code 20A-7-301(1)). Art. 3, 18). 34-1803B). Art. Take a minute to check out all the enhancements! 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. Select a State with Popular Referenda to Learn More. Once an initiative is on the ballot, An example of an advisory referendum is Question 5, Gathering Information: Monitoring Your Progress. Art. 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206). Sample petition prepared by secretary of state must include the text of the measure, a statement of purpose and implication, and yes-no statements, as prepared by the petitioner (MCA 13-27-202 and -205). Contributions in excess of $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. III, 2; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. 2, 3; Const. Outer page of petition pamphlet includes warning to signers. 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). If the legislature does not enact the statute, another round of signatures is required equaling 0.5% of votes for governor. 3, 2; NDCC, 16.1-01-17. Constitution 48, Pt. XVI, 5(b). II, 9). 5, 1), Timeline for taking effect: Thirty days after the election unless otherwise specified in the act (Ark. Art. Details on who or which offices writes the title and summary are listed below. Art. These serve as the petition title (MCA 13-27-312). Considered a committee if individual raises or spends more than $5,000. Circulator requirements: Must be an elector (Const. Art. Art. Eight % for amendments (Cal.Const. Where to file: Secretary of state (IC 34-1804). 12, 2. 116.060). Public review or notice: None other found.. Circulator requirements: 18 years-old and US citizen and sworn oath by an official sponsor of the initiative as to the identities of the proposed circulators (W.S.1977 22-24-306). Contributions of $1,000 or more from a single contributor received during the 21 days prior to the election must be reported. 48, Init., Pt. If both are approved, the one receiving the greatest number of affirmative votes prevails (34 Okl.St.Ann. Art. Law 6-204(c)). Colorado and Nevada require a simple majority for statutory measures only. 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. Arizona (for constitutional amendments, not statutes) (A.R.S. All chief petitioners must sign the form to withdraw (O.R.S. 293.252). Const. Who can sign the petition: Registered electors (Const. Repeal or change restrictions: Two-thirds vote required to amend or repeal, and governor may not veto (Ne.Rev.St. Cannot stop emergency laws passed by the legislature or appropriations to support state departments or institutions. Timeline for collecting signatures: May be circulated once the attorney general has drafted a circulating title and summary up to the 90th day after the enactment date of the statute. For amendments, must be submitted for verification by the third Tuesday in June of the general election year. 7-9-105). Art. Code Ann. 116.050; 116.050). 5, 1), and 60 percent of voters in Florida (F.S.A. Constitution 48, Init., Pt. Timeline for taking effect: On and after the 30th day after it the initiative was approved by voters unless otherwise specified (RCWA Const. 250.025), Collected in-person: Yes (O.R.S. Ten% of votes cast in last general election. Verification: The election commissioner or county clerk compares each signer's information to that of voter registration records to verify that they were registered voters when they signed and verify all other information (Neb. For direct measures, four months from the election (RCWA 29A.72.030). 3, 2). Who can sign the petition: Qualified voters (Const. General review of petition: For accuracy and fairness, the attorney general may rewrite arguments for or against prepared by legislature (5 ILCS 20/2). Art. Code 23-17-60). Stat. Art. 168.471; 168.472. Art. Application process information: For statutory indirect initiatives, proponents must file a copy of the text with the secretary of state no earlier than Jan. 1 of the year preceding the year in which a regular session of the legislature is held. Britannica does not review the converted text. Application process information: File with the secretary of state an application containing the act to be referred. Ten states do not have a geographic requirement; 14states do. Initiative, Referendum, and Recall Applications for the 2024 Election Cycle. Which election: Next general election at least 31 days after the measure qualifies or at a special statewide election held prior to that general election; the governor may call a special statewide election for the measure (Const. Const. Art. Paid per signature: Yes, "No law shall be passed to prohibit any person or persons from giving or receiving compensation for circulating petitions." Law 6-203(c)). Art. Geographic distribution: Not more than one-fourth the of signatures shall be from one county (Const. A petition may only be rejected if two different sampling processes determine it does not have sufficient signatures. For constitutional amendments, 10% of votes cast for governor in last election. Circulator oaths or affidavit required: Yes (Const. III, 52(a) and Mo.Rev.Stat. A report is also due no later than the 15th day after the deadline for filing the referendum petition. Other subject restrictions: Cannot stop emergency laws passed by the legislature or appropriations to support state departments or institutions (NDCC Const. 3519.03; 3519.01; 3519.062). Art. 100.371). II, 9 and MCL 168.471). Const. Art. Must file a statement of formation as a political action committee within 10 days of formation. 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. Art. Missouri and Nebraska have unique signature requirements. The lieutenant governor has seven calendar days after receiving the application to certify or deny it (AS 15.45.300). NAME _____ Period____ US History Midterm Review Packet Directions: Your goal is to create a booklet and fill in the data by using all resources: Terms, Canvas PowerPoints, Binder with assignments by Unit, US History Text, and the Guided Readers, along with the Gateway textbook. Legislature or other government official review: Attorney general prepares explanatory statements. 1953 20A-7-201; 20A-7-208). If statute petition is passed by the legislature, then it is subject to the referendum. 295.056. 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. 5, 1; C.R.S.A. Art. 101.161). 4, Pt. Verification: Submitted to local registrars of each signer two weeks before submission to secretary of state, who establishes regulations to verify. 14, 9; Art. 168.472a). 250.045). Amend. The secretary of state, in consultation with the attorney general, prepares a condensation, explanations for and against, and concise summaries of the bill's impact on existing related laws (NRS 293.250). Any proposed law can, with sufficient backing, be put on the ballot in an election. Stat. To find a specific recall, you can scroll through the items listed in the widget and click on the recall or alert for more information. The secretary of state writes arguments for and against the measure with information provided by proponents and opponents (Neb.Rev.St. Submission deadline of signatures: Generally 110 days before the election. Repeal or change restrictions: Cannot veto, and legislature may not repeal. XI, 3). A referendum is defined as a general vote by a specific electorate over a specific political question. Const. It may be placed on a ballot and legislature has the right to place an opposing proposal on the ballot if they choose that they Summary of initiative, referendum and recall processes. Const. The ballot title may be distinct from the title of the law that is the subject of the petition. Secretary drafts a summary of 100 words or less, approved by attorney general (Mo.Rev.Stat. Application for Recall Serial Number. Proponent organization and requirements: Sponsors name is part of original filing, along with the name of any committee the sponsor has formed and the names of not more than three people who can withdraw or amend the petition (NRS 295.015). The initiative power extends only to laws which the legislature may enact. 54, 53). 5, 1). Const. Timeline for taking effect: The date of the official declaration of the vote thereon by proclamation of the governor, but not later than thirty days after the vote has been canvassed (Const. Legislature may repeal statute with majority vote (Const. Art. 901), Proponent organization and requirements: Any organization supervising or managing petition circulation must register with secretary of state (21-A M.R.S.A. 1953 20A-7-202; U.C.A. Const. Stat. 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. Proponent financial disclosure requirements: Political committee must file a statement of organization. Direct democracy Simple English the free. 1953 20A-7-205). If a congressional district has 90 to 110 % of the needed valid signatures, every single signature will be verified to discern if it qualifies (V.A.M.S. Art. The secretary assigns an official serial number to the petition and assigns numbers to petitions in numerical sequence (ARS 19-111). Arizona: A.R.S. II, 1(d) and RCW 29A.72.030 and .160). Art. Const. For direct initiatives, proponents collect signatures and place the measure directly on the ballot once its certified and verified. To allow opportunity for referendum petitions, no act passed by the legislature shall be operative for 90 days after the close of the session of the legislature enacting such measure. Referendum, however, is a measure submitted by the government to the people for their approval. Art. Legislature or other government official review: The chief petitioner may amend the initiative without having to re-submit if the attorney general reviews the changes and certifies that it does not change it substantially (O.R.S. Three% of votes cast for governor at preceding biennial state election to submit to the legislature. 2, 24). 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. 116.334). Art. II, 1e). Reports of contributions and expenditures are due by the 15th of every April and October. 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). Which election is a measure on: A referred measure may be voted upon at a statewide election or at a special election called by the governor (NDCC Const. 21 1). Circulator requirements: 18 years old and a resident of South Dakota; no registered sex offender may circulate a petition unless the person is in the employ of and under the immediate supervision of another person and under circumstances with preclude any contact with children (SDCL 12-1-32 through -34). 2023 by National Conference of State Legislatures, https://www.nvsos.gov/sos/elections/initiatives-referenda/filing-a-referendum, 13 Years of Impact: The Long Reach of Citizens United, With Recent Special Elections, the Tables Are Set for Spring. What is on each petition: Petition includes original bill number, title and affidavit signed by no more than three proponents file the measure (34 OS 1). Types allowed: Initiative for constitutional amendments only, Single subject rule: Yes (F.S.A. If paid, must also register with the secretary of state and take training program (O.R.S. Art. III, 8). Must report contributions received if more than$20 and all expenditures quarterly in off-election years, on the first Monday in May and every two weeks thereafter before the primary election, on the first day of each month beginning with the sixth full month before a major election, on the first Monday in September and on each Monday every two weeks thereafter before the major election, and 30 days after the major election. What is on each petition: The full text of the measure, match secretary of states template, be the correct color and state if the circulator is paid (O.R.S. 19-121. Art. A.R.S. $100; refunded if application is properly filed, Const. Rev. 901, 906; 1 M.R.S.A. The requirements for an election with statewide ballot measures vary greatly by state. Timeline for taking effect: Thirty days after the Governor's proclamation of the results (Const. 3, 50). Art. Must file quarterly reports. II, 1g). Proponent financial disclosure requirements: In order to receive contributions or make expenditures in excess of $1,500 in a calendar year, must form a committee for political action and register with the secretary of state (NRS 294A.230). Art. Direct primaries. Code 107). Const. Const. Verification: The secretary of state employs a representative random sampling by the use of questionnaires, postcards, telephone calls, personal interviews, etc., or any combinations thereof, to determine the validity of the signatures (NDCC 16.1-01-10). Vote requirement for passage: Majority (Const. 3, 1; Constitution 48, Init., Pt. Art. Petition title and summary creation: Attorney general (RCW 29A.72.060). 250.045; 260.035; 260.054, South Dakota: SDCL 12-27-22; SDCL 12-27-3, Utah: U.C.A. This ensures that measures will not be passed by a small minority of voters, either because of a low turnout or ballot-drop off (where voters only vote partway through a ballot). And, must also be submitted to the appropriate officials of cities, towns or plantations, or state election officials as authorized by law, 10 days before it's due with the secretary of state (M.R.S.A. II, 1g and ORC 3519.01). 5, 1). 14, 3, 10 ILCS 5/28-2, Massachusetts: M.G.L.A. 3, 1; Constitution 48, Init., Pt. Must also file with the secretary of state not less than four months before the election at which initiatives are to be voted on. Under the constitution, an act takes effect 90 days after it is enacted.