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Proponent financial disclosure requirements: Include but are not limited to quarterly reporting and following rules set by board of elections (10 ILCS 5/9-15). Who can sign the petition: Qualified voters (Const. Art. . Withdrawal of petition: May be withdrawn no later than 120 days before the next general election if no less than two-thirds of the petition sponsors file such a request in writing with the secretary of state (SDCL 2-1-2.3). Director of the Legislative Research Council prepares a fiscal note as requested. Fiscal review: Office of Fiscal and Program Review prepares (1 M.R.S.A. Who can sign the petition: Legal voters of the state of Oklahoma (34 Okl.St.Ann. Which election is a measure on: Next statewide or special election after the legislative session concludes sine die (21-A M.R.S.A. Acts making appropriations for state institutions or to meet deficiencies in state funds, Laws necessary for the immediate preservation of the public peace, health or safety, and laws making appropriations for the current expenses of the state government, for the maintenance of state institutions and for the support of public schools. 4, Pt. 11 3). 19, 2), Ballot title and summary: Secretary of state, in consultation with the attorney general (N.R.S. Art. 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. Art. Art. Petition title and summary creation: Secretary of state provides serial number, and attorney general writes a title posed as a question and summary (Miss. This deadline pertains to when counties must submit petitions with verified signatures to the secretary of state. Circulator oaths or affidavit required: Yes (Elec. Who can sign the petition: Registered electors of the state (Const. In 18 states, the application to circulate a popular referendum petition is filed with the chief election officer. Must obtain a petition entity license before circulating petitions or paying circulators. For citation information, please contact the NCSL Elections and Redistricting team. 116.180; V.A.M.S. Taken together, they are called the politics of direct action. Human Rights democracy and rule of law Democracy. Withdrawal of petition: One of three authorized people must submit a notice of withdrawal with the secretary of state (N.R.S. Art. II, 1). Governor may call a special statewide election for the measure. 2, 8). Art. 19-121. 48), South Dakota (Const. Art. Initiative is a legislative proposal that originates with the people. Must be submitted to the local registrars two weeks before submission to secretary of state (M.G.L.A. Colorado. In 2021, Idaho passed, Collected in-person: Yes (I.C. 16, 6; N.R.S. Timeline for taking effect: The date of the governor's proclamation of the election results (IC 34-1813). 34, 1, 4 and 8. 2, Oregon: O.R.S. *While the Colorado residency requirement for circulators was struck down in Independence Institute v. Gessler, the court upheld the requirement that a circulator present to the notary a specific type of identification. Art. A fee of $500 is required; fee is deposited in general fund (Const. Stat. Petitions must be submitted not later than 90 days after the final adjournment of the legislature; if that deadline falls on a Saturday, the office of the secretary of state must be open from 8 a.m. to 5 p.m.. Const. What is on each petition: Must contain attorney generals unique numeric identifier, title, summary and the proposed measures full text, and follow the form found in the code (Cal.Elec.Code 9008, 9009, 9012). A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter 37. Code 23-17-60). For amendments, 10% of total votes cast for governor. Public review or notice: A pamphlet regarding the ballot questions is sent to voters' residential addresses and published in the Massachusetts register (M.G.L.A. 4, Pt. Art. 3519.01; 3519.02; 3513.10). VI, Subpt. Art. 48, Pt. 2, 3). Where to file with: Secretary of states office and attorney general (AR Const. 4, Pt. Circulator requirements: Must be 18 years old and registered with the secretary of state. Public review or notice: Secretary of state publicizes the measure in newspapers in every county and prepares a pamphlet that is mailed to every mailing address in the state (5 ILCS 20/2). Secretary of state, official committee that filed and approved by attorney general. Code Ann. Then the legislature rejects or accepts the proposition unchanged (U.C.A. Majority to pass: Yes (M.R.S.A. Otherwise, they may submit an alternative measure. Art. IV, 1). 3599.03). 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. 2, 1). 2, 9; Const. 250.045). Art. That means the total number of signatures required for ballot access will vary depending upon which congressional districts sponsors put together to reach the total of six . 54, 22A). Circulator requirements: Idaho resident and at least 18 years of age (IC 34-1807). Art. Recall. 901 and 1 M.R.S.A. 116.030 and .050, Nebraska: Const. Must file quarterly reports. Art. Circulator oaths or affidavits: Yes (Ark. Political recall efforts in Virginia result in a circuit court trial instead of an. Art. Referendum is the power to reject or overturn legislative actions taken by the Council. Art. Details on who or which offices writes the title and summary are listed below. 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. Rev. Withdrawal of petition: None, other than the limit of circulation is one year after the petition is approved by the secretary of state (NDCC, 16.1-01-09). Circulator oaths or affidavit required: Yes (RCW 29A.72.030). Art. Submission deadline of signatures: At least 30 days before Feb. 1 of the year of the general election that the measure is to be voted upon (F.S.A. 2, 8), Proponent organization and requirements: Statement of organization and filing fee with secretary of state and local filing officer, arguments for measure (Cal.Gov.Code 84101, 84101.5; Cal.Elec.Code 9065, 9067). 116.115). Petition title and summary creation: 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. Art. 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). Art. 3519.21). Law 6-201). First general election to be held not less than 30 days after the filing ofthe petition. 19-123), General review of petition: Proponents may submit proposed bill to director of the legislative council for review (A.R.S. Does the law in question take effect before the referendum vote: Not automatically, though the law can be suspended with a higher signature threshold and an earlier submission deadline25% of the total vote cast in the last election, including 25% of the votes cast in each of 3/4 of the counties, submitted no later than 90 days after the adjournment of the legislative session (Const. Original title of the act that is subject to the referendum is included (A.C.A. Art. Art. 5, 1), Ballot title and summary: Title board (C.R.S.A. VI, Subpt. 3, 52(b) and Wyo. There must also be a five-person committee of those who favor rejection, comprised of individuals appointed by the governor, attorney general, president of the senate and speaker of the housethe fifth member is appointed by the four previous members. 2, 3; M.G.L.A. Attorney general prepares abstract to be posted at polling places. 250.045). 7-9-107). Timeline for taking effect: Upon approval by the voters (Const. Ballot title and summary: Attorney general (SDCL 12-13-1.1 and -9). Groups must file reports detailing contributions received in excess of $100 in the aggregate and all other contributions and expenditures made by the group. Allowable uses of funds by ballot measure committees are specified at Elec. Art. 2, 3), Who creates petitions: Secretary of state (M.G.L.A. 2, 24). Constitution 48, Init., Pt. A.R.S. 8), South Dakota (SDCL 12-13-25.1; 12-13-26; 2-1-1-1; 2-1-1-2), South Dakota (SDCL 12-13-25.1; 12-13-26), Alaska: AS 15.13.040; 15.13.050; 15.13.065; 15.13.110, Arkansas: A.C.A. IV, pt. Subject restrictions: None (Const. 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. Stat. Art. Timeline for collecting signatures: Signatures may be signed at any time after an act is passed (Const. 4 1, Part 1(6B), (6C) and (6D). Nevada: The secretary of state will appoint two, three-person committees, one for and one against the measure. Subject restrictions: 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 (OH Const. If 95-105% are deemed sufficient, a full verification of all signatures must be conducted (Elec. Governor may veto a measure initiative by the people and passed by the legislature, but then it is referred to the people as a popular referendum (M.R.S.A. 14, 3, 10 ILCS 5/28-2, Massachusetts: M.G.L.A. Verification: The regular boards of judges, clerks and officers count all of them (I.C. If you desire to vote against the retention of the act, mark X in the square opposite the words 'FOR REJECTION OF THE ACT. Geographic distribution: Under court challenge. 19-121.01; 19-121.04). Const. Number of signatures required: 5% of the number of votes cast for all candidates for governor in the last general election (Const. These provisions stipulate that petition signatures must be gathered from multiple parts of the state. 168.544c). 5, 1). Art. Recall, referendum and initiative processes are electoral devices used by citizens when they want to take part in government activities. Nine states do not include a process in statute for an individual to withdraw his or her signature. Timeline for taking effect: The first day of July after the completion of the official canvass (SDCL 2-1-12). For statutory initiatives, 8 % of legal voters who cast ballots for governor in last election. 53 7. V, 3). Which election is a measure on: Biennial regular general election (C.R.S.A. The mayors of Detroit and Los Angeles were recalled in 1929 and 1938, respectively. Vote requirement for passage: Majority (Const. 101.161). 353). Maine: Secretary of state, along with revisor of statutes, may reject petition application if it does not conform to drafting conventions for statutes. M.G.L.A. In all other cases, an act that is subject to the referendum remains in effect until it is rejected at an election (MCA 13-27-105(3)). Fourteen states do not have any process for withdrawal: Alaska, Arizona, Florida, Idaho, Maine, Massachusetts, Michigan, Mississippi, Montana, Nebraska, North Dakota, Utah, Washington and Wyoming. CONST. Art. IV, 1). The secretary of state consults with the legislative counsel for any technical suggestions, which will be posted to the secretary's website. Majority to pass: Yes (Ark. Circulator oaths or affidavit required: Yes (MCL 168.482 and .544c). Circulator oaths or affidavit required: Yes (Const. Amend. XVI, 3(d)). Ballot title and summary: Prepared jointly by the secretary of state and attorney general (IC 34-1810(1)(b)). Majority to pass: Yes (OH Const. Art. Proponent financial disclosure requirements: Within three days of making an expenditure or receiving a contribution, a political committee must file a statement of organization and designated a treasurer (ORS 260.035). III, 5 and 6; NDCC 16.1-01-09(7). II, 9). The obligatory referendum was first adopted by the canton of rural Basel in 1863. Art. Art. Art. III, 3, Const. . They must also designate a committee of five to represent the proponents (O.R.C. Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. Collected in-person: Yes (N.R.S. Most of these bans have been overturned by the courts. 32-1405). II, 1(b)). II, 1g and ORC 3501.38). Art. Where to file with: Division of Elections (F.S.A. 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. Stat. Not more than 5% of qualified electors, based on total number of votes cast for governor at last preceding gubernatorial elections. St. 32-1405). (IC 34-1803B). 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. The decision may take the form of a ballot question, a private survey, or a poll. Ballot title and summary: Secretary of state in consultation with the attorney general, but the full text of the measure is included if it is not too long (NDCC, 16.1-06-09). 100.371). 1-40-116). Art. Unlimited, but if number of filed signatures is deemed insufficient, sponsors have 30 days to collect more. Code 104). Who can sign the petition: Qualified electors (NDCC 16.1-01-09(2)). Contributions of $1,000 or more from a single contributor received during the 21 days prior to the election must be reported. Ballot issue committees must file reports of contributions and expenditures on or before the fourth and second Friday immediately preceding a general election and on or before the second Tuesday after a general election. Several states require two officials to write or review the title and/or summary, given the importance of these items for a ballot measure. What was the purpose of implementing referendum recall and initiative quizlet? II, 1b; Art. 19, 1). Art. 3, 50; V.A.M.S. 187; Okl.St.Ann. 1953 20A-7-202; 20A-7-205.5). 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 which preclude any contact with children. C.R.S.A. CONST. 1953 20A-7-202). Idaho: Within 20 days after initial petition filing, attorney general reviews and recommends revisions in an advisory capacity. St. 32-1414). Semiannual statements of contributions and expenditures are due July 31 and January 31. Cure period for insufficient signatures: None specified. 12, 2). Art. Stat. Attorney general writes title and summary if original is challenged in court (F.S.A. III, 4). And attorney general reviews legality (MCA 13-27-202; 13-27-312; 13-27-402). Who creates petitions: Sponsors are required to submit a sample petition to the secretary of state. If fiscal in nature, the attorney general orders the budget director to prepare. Where to file with: None, but state board of elections certifies signatures (5 ILCS 20/2a). A.R.S. Fiscal review: Governor's Office of Management and Budget conducts an estimate (U.C.A. 4, 3; Constitution 48, Init., Pt. The attorney general may determine an act of the legislature is the same as a proposed law and will remove it from appearing on the ballot (W.S.1977 22-24-304; 22-24-319). 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. Law 6-203(b)). XVI, 4). 905 and 1 M.R.S.A. 7-9-107). 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. But such enactment may be amended or repealed at any general regular or special election by direct vote of the people thereon (Const. Application process information: Petition as to be circulated is filed with secretary of state prior to circulation and must include the title of the referred law, the effective date, the date of the election at which it will be submitted. 19, 1). 19, 2). Subject Matter Excluded From Popular Referendum, Dedications of revenue, appropriations, local or special legislation or laws necessary for the immediate preservation of the public peace, health or safety, Laws immediately necessary for the preservation of the public peace, health or safety, or for the support and maintenance of the departments of the state government and state institutions, Urgency statutes, statutes calling elections or statutes providing for tax levies or appropriations for current expenses of the state, Laws necessary for the immediate preservation of the public peace, health or safety, and appropriations for the support and maintenance of the departments of state and state institutions, Laws making any appropriation for maintaining the state government or for maintaining or aiding any public institution, not exceeding the next previous appropriation for the same purpose, Const. 4, 2; Constitution 48, Init., Pt. For indirect initiatives, the legislature may make technical changes only, and prepare a legislative review note and a legislative fiscal note on the law proposed by the initiative petition. 3, 2). Geographic distribution:For constitutional amendments, signatures must be gathered from 10% of qualified electors in each of two-fifths (40) of the state's 100 legislative districts (MT CONST Art. Where to file with: Legislative council and office of legislative legal services first, and then the secretary of state (C.R.S.A. To schedule an appointment to file an Application for a Serial Number, please contact our office at ballotmeasure@azsos.gov. Some states limit the number of sections of code or the constitution that may be altered. 2, Sec. II, 9(b) and Elec. Art. Const. 5, 3). What would happen if the US had direct democracy Quora. For amendments, unless specified otherwise, July 1 following approval (MCA 13-27-105; MT CONST Art. States sometimes limit how soon a measure can be re-attempted. States also have varying processes for reviewing petitions. States include a range of requirements for petition format and contents including legal warnings, serial numbers provided by officials, notarization, date of the election the measure is to be voted upon, the measures full text, summary, the district or county where the signature was gathered, if the circulator is paid, fiscal analysis, affidavit of circulator, circulator information, rights of the potential signer, names of proponents or proponent organization and deadline for signatures. 4, 1, Pt. Art. Where to file: Secretary of the commonwealth (Const. 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. Furthermore, statutes allowing or requiring paying per signature have been overturned by the courts. 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). III, 5(1) and MCA 13-27-202).