No collection timeline except when collecting the second 3 percent of signatures of votes in last election for governor, the deadline is 90 days, and deadline of 110 days before the election generally. Const. 3, 52). The official title of the bill that is subject to the referendum appears on the ballot. Subject restrictions: Such laws as may be necessary for the immediate preservation of the public peace, health, safety or support of the state government and its existing public institutions are not subject to referendum (Const. Sometimes initiatives are first submitted to a legislature. States may apply a single-subject rule or other restrictions. 21 1). Art. Application process information: Petitioners file a statement containing the object of the petition and the text of the measure with the secretary of state, together with a sworn statement containing the names and street addresses of every person, corporation or association sponsoring the petition (NRS 32-1405). Rule 2.36; Okl.St.Ann. Timeline for collecting signatures: Signatures may be collected as soon as petition is approved and must be submitted to counties four weeks prior to the deadline (MCA 13-27-301). A political committee must have a treasurer before receiving contributions or making expenditures. Wording of Ballot Question and Effect of Yes Vote, No statute found; used Referred Act 1 (Nov. 1994) as a reference. Const. Rev. As in the case of the initiative and referendum, the recall process gives citizens a chance to practice grassroots democracy by removing elected officials who are disapproved of by a majority of voters. Any person who pays or receives compensation to circulate a referendum petition must file a statement to that effect with the secretary of state before circulation begins. Payment on a per-signature basis prohibited; bonuses based on reliability, longevity and productivity are permitted. Proponent organization and requirements: Must obtain certificate of review from attorney general and file petition with secretary of state (I.C. 250.029). 24). 3, 52(e) and Wyo. 21 1). Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments, and popular referendum. 218D.810; 293.267; 295.015; 293.252). Proponent financial disclosure requirements: Must file a statement of organization as a political committee within two weeks of organizing or within two weeks of the date the first contribution or expenditure is expected (RCW 42.17A.205). The next general election after signature petitions filed, a legislative session has convened and adjourned, and 120 days after the legislative session adjournment. Art. The legislature has four months to pass the bill in amended or unchanged form. Which election: Statewide or a special election called by the governor (Const. General review of petition: None other found. Conflicting measures: The measure receiving largest number of affirmative votes is enacted (M.G.L.A. This deadline pertains to when counties must submit petitions with verified signatures to the secretary of state. 250.045). Petition title and summary creation: Attorney general (Cal.Const. 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. 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. What is on each petition: Contains a summary of the subject matter, warning to signers and a statement as to paid circulators (Const. Proponent financial disclosure requirements: Sponsoring committee must file a statement of renumeration prior to circulating signatures if circulators will be paid (NDCC 16.1-01-12(1)(j)). States with geographic requirements that use entities that are unequal in population, such as counties or even state legislative districts, are more likely to have the requirement challenged in court. A referendum is a question that appears on a ballot that voters can answer in order to voice their opinion on a particular issue. Legislature or other government official review: Since the process is an indirect initiative, the legislature has four months to adopt the unchanged constitutional initiative by a majority in each house before the secretary of state submits it to the people. General review of petition: None other found. 7-9-404; 405; 406; 407; 408; 409, California: Cal.Gov.Code 82013, 84200, 84202.3, 85309, 84511, 84101, Cal.Elec.Code 18680; Form 460, Colorado: C.R.S.A. Art. VI, Subpt. LXXXI, 4). 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. County recorder or justice of the peace. 1(3)). Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). 7-9-105). Who creates petitions: The proponents (Miss. 168.471 and M.C.L.A. Petition title and summary creation: Secretary of state, revisor of statutes and attorney general (21-A M.R.S.A. May be amended or repealed only by three-fourths of each house or by a vote of the electors. Geographic distribution: No more than one-quarter of signatures may come from a single county (M.G.L.A. Const. Number of signatures required: 3% of the whole number of votes cast for governor at the preceding election (Const. IV, pt. 295.009. 2, 8), Conflicting measures: Measure receiving more affirmative votes is enacted (Cal.Const. L-04, 2011 WL 1130010, July 5, 2011). 2, Sec. Const. The citizen initiative process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. Art. Referendum and initiative | Definition, Forms, History, & Facts General assembly members opposing the amendment may prepare or designate others to prepare a brief argument against such amendment, submitted to attorney general (5 ILCS 20/2). Petition title and summary creation: Secretary of state provides serial number, and attorney general writes a title posed as a question and summary (Miss. Several states have or had statutory bans on paying circulators either per signature or in general. Circulator requirements: At least 18 years old,a Utah resident and paid circulators must wear badges (Utah Code 20A-7-303(3)). Can only be changed by a vote of the people, Two-thirds vote (or majority after seven years), Two-thirds vote (or majority after two years), Select a State with Citizen Initiatives to Learn More, Petition Review, Creation and Public Notice, Petition Review, Creation, and Public Notice, >Petition Review, Creation and Public Notice, States with citizen initiatives (24): Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Maine, Massachusetts, Michigan, Missouri, Mississippi, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington, Wyoming. 1-40-106 and 1-40-107). 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. Titles 16 and 19), prior to beginning any . It has sometimes been abused by groups . Collected in-person: Yes (O.R.C. Art. Considered a committee if individual raises or spends more than $5,000. Art. Timeline for collecting signatures: Six months to turn in signatures once petitions have been titled and certified for circulation (C.R.S.A. e. laws enacted by the federal government., When Californians themselves originate and pass laws, the process they use is called the a. indirect . What is on each petition: Petition must include full and correct title and text of the law (Const. Art. Art. 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. Allowed to pay another for their signature: Prohibited (NRS 32-630 and -1404). Petition title and summary creation: Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state (NMSA 1-17-9). Who creates petitions: Secretary of state creates a sample petition and then the petition is reviewed by the attorney general (V.A.M.S. Two years for collection, and deadline of four months prior to the general election. Tit. And requires full disclosure of campaign staffers (21-A MRSA 1051 et. Random sample of at least 500 or 5% of the signatures, whichever is greater. The ballot must include a clear and concise statement as to the effect of a yes or no vote. Application process information: Must file petition form draft that must contain an enacting clause and the full text of the measure no later than six months before election (V.A.M.S. Prepared by the office of financial management, in consultation with the secretary of state, the attorney general, and any other appropriate state or local agency. The next regular or general election occurring subsequent to the 125 days after filing signatures. The popular referendum allows voters to approve or repeal an act of the Legislature. Cure period for insufficient signatures: If a petition is insufficient, a period of 20 days is allowed for correction (Const. (Const. Legislature or other government official review: 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. Circulator oaths or affidavit required: Yes (ORS 250.045(10)). Proponent financial disclosure requirements: Committees in support or opposition to a ballot measure are treated the same as political action committees. The attorney general may approve the title or revise as necessary to comply with the law (34 OS 8(H) and 9). Code Ann. Application process information: A prospective petition must be filed with the secretary of state. A criminal records check is completed. Thirteen states require publication in a newspaper: Arizona, Arkansas, Florida, Illinois, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, Ohio, Oklahoma and Utah. Amend. Art. Art. III, 5). 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 house eachthe fifth member is appointed by the four previous members. 1-40-106). Who creates petitions: Petition filed by proponents is certified by attorney general, ballot board, and secretary of state (O.R.C. Art. Prepared by the Financial Impact Estimating Conference. Must include the signatures of at least 1,000 electors and not more than 2,000. Const. 5, 1). It is referred to the attorney general for approval (Mo.Rev.Stat. Art. 15, 273; Miss. 2, Sec. Initiative Election: Referendum: Recall Election: Right of citizens to propose laws or amendments for approval or rejection by the voters. 21-A M.R.S.A. In 1911, California voters approved the constitutional processes of initiative, referendum, and recall. Art. Timeline for taking effect: Goes into effect once the supreme court finishes canvassing the votes (N.R.S. Various forms of I&R have existed in the United States since the 17th century, beginning in New . Art. In many areas certain proposals must be put on the ballot for public approval. Fifteen % for amendments (A.R.S. Must include the language a committee for/against Proposition __ in any reference to the committee required by law. III, 4). Who creates petitions: The secretary of state creates the form and the petitions at the expense of the sponsors (W.S.1977 22-24-310; 22-24-311). 2, 9; Const. VI, 1 and Utah Code 20A-7-102). 250.125; 250.067; 250.127). For direct measures, four months from the election (RCWA 29A.72.030). Reports of contributions and expenditures are due on a quarterly basis (Rule 2.103 and 2.122). Proponent financial disclosure requirements: Include but are not limited to contribution limits and reports (F.S.A. 1953 20A-6-106; 20A-7-206). 5% of the whole number of votes cast for governor in the last election. 21). III, 52(a)). Single subject rule: No statute. And no measure that names an individual to hold office or names private corporation to perform any function. 12, 2), Mississippi (MS Const. Illinois requires either 60 percent of those voting on the amendment itself or a majority of those voting in the election as a whole (ILCS Const. Montana: Reviews done by attorney general and legislative services division. Art. Art. 1953 20A-7-202). Ninety days from the date marking the beginning circulation for collection, as set by the secretary of state after public posting and chance for protest, and a deadline of 90 days from the official set date from the secretary of state. 19, 2). Repeal or change restrictions: Two-thirds vote is required to amend or repeal a measure approved by a vote of the people (Cont. Const. Art. In the others, the measure goes directly to the ballot after it is submitted to the legislature. Normal constitutional amendment requirements are needed to overturn an amendment (M.G.L.A. Must include the title and effective date of the referred law, the date of the general election at which it is to be referred. Must file a statement of formation as a political action committee within 10 days of formation. 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. Art. Vote requirement for passage: Majority, but no such law shall be held to be disapproved if the negative vote is less than thirty per cent of the total number of ballots cast at such state election (Const. These serve as the ballot title (MCA 13-27-312). 106.08, 106.19). Laws that relate to religion, religious practices or religious institutions; the appointment, qualification, tenure, removal or compensation of judges; the powers, creation or abolition of courts; the operation of a particular town, city or other political division or to particular districts or localities of the commonwealth; or the appropriation of money for the current or ordinary expenses of the commonwealth or for any of its departments, boards, commissions or institutions.
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