Director of the Legislative Research Council prepares a fiscal note as requested. Allowed to pay another for their signature: Prohibited (O.R.S. 250.105). Art. Art. N.R.S. LXXXI, 4). Submission deadline of signatures: Must address written petition to the legislature and signatures must be filed with the secretary of state by the 50th day of the first regular session or by the 25th day of the second regular session. 6, 22), Other Subject restrictions: No restrictions (See U.C.A. Which election: The first statewide election held more than 180 days after adjournment of the session during which the act was passed (Const. Art. 1). A ballot question committee includes any person, located within or outside Arkansas, who receives contributions or makes expenditures for the purpose of expressly advocating the qualification, disqualification, passage or defeat of any ballot measure. IV, pt. Which election is a measure on: General election (F.S.A. Petition title and summary creation: The filer submits a description pursuant to N.R.S. Where to file: Not specified in statute; presumably with the State Board, since the Board is empowered to adopt regulations specifying how to file. 12, 2. Direct primaries. Proponents then file the measure with the secretary of state (I.C. Art. Const. 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. Art. None specified for title, and summary "prepared by the person authorized by law. Const. 4 1, Part 1(6B), (6C) and (6D). 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. Circulator oaths or affidavits: Yes, and notarized (A.R.S. Where to file: Secretary of state (NRS 32-1405). A "simple statement of the gist of the measure," drafted by sponsors, is printed at the top of the petition (34 OS 3). Washington requires 60 percent approval for laws authorizing gambling or lotteries (Washington Const. Which election: Next regular or general election subsequent to the 125 days after filing (OH Const. Timeline for taking effect: Goes into effect once the supreme court finishes canvassing the votes (N.R.S. 3, 51; V.A.M.S. 2, 3; M.G.L.A. Submission deadline for signatures: By midnight (NDCC 16.1-01-09(7)) within 90 days of the date the legislation was signed by the governor and filed with the secretary of state (Const. Art. Art. 3503.06). Circulator oaths or affidavits: Yes (O.R.C. States have statutes covering conflicting or competing measures, the percent of the vote needed to pass a measure, and repeal or change restrictions. Art. IV, 1(3)). Art. No earlier than 75 days, and no later than 15 days, voter information pamphlet and newspaper publication (U.C.A. 2, 9; M.C.L.A. Const. These serve as the ballot title (MCA 13-27-312). Either way, the measure is put before the people (MS Const. Art. NDCC 16.1-01-12(1)(j), 16.1-08.1-02, 16.1-08-03. For indirect statutory initiatives, the timeline begins on Jan. 1 of the year preceding year in which a regular session of the legislature is held and then filed by the second Tuesday of November in an even-numbered year, or the next day (N.R.S. 15, 273; Miss. 5, 1). Political recall efforts in Virginia result in a circuit court trial instead of an. Art. In odd-numbered years, year-end reports are required (SDCL 12-27-22). Circulator oaths or affidavits: Yes (M.C.L.A. 3, 50, 51). Const. To work in today's reality, it will need amendingsomething that lies beyond the power of the Supreme Court." [1] The following states have initiative and/or veto referendum processes at the statewide level: Alaska. Proponent financial disclosure requirements: Include but may not be limited to the provisions of the Nebraska Political Accountability and Disclosure Act. Time period restrictions before placed on the ballot: Certified ballot title is due at least 65 days before the election. Neb. 5, 1). III, 2; Bernbeck v. Gale, 59 F.Supp.3d 949 [2014]; 829 F.3d 643, United States Court of Appeals, Eighth Circuit). Art. 2, 8), Conflicting measures: Measure receiving more affirmative votes is enacted (Cal.Const. Next state election, if 60 days intervene between the date when such petition is filed and the date for holding such state election; if that is less than 60 days, then the law must be submitted to the people at the next state election, unless it is repealed before then. Verification: Random sampling (SDCL 2-1-16). 19-112), Colorado (Const. Collected in-person: Yes (ACA 7-9-103). Same must also be reported quarterly on April 15, July 15, Oct. 15, and Jan. 15 (NRS 294A.220). Subject restrictions: No law that relates to religion, religious practices or religious institutions; or to the appointment, qualification, tenure, removal or compensation of judges; or to the powers, creation or abolition of courts; or the operation of which is restricted to a particular town, city or other political division or to particular districts or localities of the commonwealth; or that appropriates money for the current or ordinary expenses of the commonwealth or for any of its departments, boards, commissions or institutions shall be the subject of a referendum petition (Const. 5 1; 7-9-122), Maine (M.R.S.A. Allowed to pay another for their signature: Prohibited (ORS 260.558). 48, Init., Pt. . Art. If they are passed there, they become law without the need for a popular vote. IV, pt. No person shall qualify as a petition circulator who has been convicted of, found guilty of or pled guilty to an offense involving forgery under the laws of this state or an offense under the laws of any other jurisdiction if that offense would be considered forgery under the laws of this state (Mo.Rev.Stat. In the others, the measure goes directly to the ballot after it is submitted to the legislature. Art. States vary in how they verify the collected signatures. Const. 3599.03). 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). Proponents; a simple statement of the gist of the measure is included on the petition. For constitutional amendments, 10% of votes cast for governor in last election. Application process information: Application must be filed by 5 p.m. within five calendar days after the legislative session ends (Utah Code 20A-7-302). Circulator oaths or affidavit required: Yes (NRS 32-630 and -1404). If the attorney general does not approve of the statement, he or she prepares one themselves (MCA 13-27-312). Petitions with an incomplete or modified affidavit are invalid (Const. It is argued that the simple existence of the initiative mechanism acts as a check on the activities of the legislature. Art. Cannot relate to: religion, the judiciary, specific appropriations, local or special legislation, the 18th amendment of the constitution, anything inconsistent with the Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts. Verification: The secretary of state shall by rule designate a statistical sampling technique to verify whether a petition contains the required number of signatures (ORS 250.105). Which election: General election (SDCL 2-1-17). Let's break down each to understand . Also requires full disclosure of campaign staffers. Petition title and summary creation: Proponent with attorney general approval (A.C.A. Const. 295.015). Const. Circulator requirements: Montana resident (MCA 13-27-102). If the random sample verification establishes that fewer than 95% of signatures are valid, the petition is deemed insufficient. Who can sign the petition: Electors (Const. What is on each petition: Must contain the full, true copy of the proposed measure on it on the backside or attached to it, and follow prescribed form and language, including a warning (Miss. Art. Legislature or other government official review: Attorney general and Supreme Court are part of the signature verification process and the ability of the public to protest as to the constitutionality of the measure. Time period restrictions before placed on the ballot: 125 days must pass after filing petition before election (OH Const. Art. The Law of direct democracy Book 2014 WorldCat. Two-thirds vote (or majority after seven years). Const. Art. XLVII, Pt. Governor may call a special statewide election for the measure (Cal.Const. If statute petition is passed by the legislature, then it is subject to the referendum. Art. III, 1). Const. ", Miss. 14, 3), Who can sign the petition: Registered Illinois voters (ILCS Const. 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. III, 2; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. II, 1c). Art. XVI, 2). Any time more than 70 days before the election, a majority of the committee members may withdraw the petition by writing to the secretary of state. Ballot title and summary: The title of the statute or resolution must be set out on the ballot, and the question printed upon the ballot for the information of the voters must be as follows: Shall the statute (setting out its title) be approved? (NRS 295.045). Reports of contributions and expenditures are due on a quarterly basis. Within three days of making an expenditure or receiving a contribution, a political committee must file a statement of organization and designate a treasurer. Geographic distribution: Signers must be from at least three-fourths of the states house districts, and signatures in each house district must equal at least 7% of those who voted in the preceding general election in the house district (AS 15.45.350(2)). In most states, this must be done on or before the date the petition is submitted for verification and is done by filing a form with election officials. III, 4). Art. Who can sign the petition: Qualified voters (SDCL 2-1-6). Other subject restrictions: Must contain only subjects that are related or mutually dependent. IV, 1). Art. Art. Submission deadline for signatures: 90 days after the final adjournment of the session in which it was passed, except when a recess or adjournment shall be taken temporarily for a longer period than 90 days, in which case such petition shall be filed not later than 90 days after such recess or temporary adjournment (Const. Reports are monthly during election years and annually in nonelection years. For example, Australia defines 'referendum' as a vote to change the constitution and 'plebiscite' as a vote which does not . Ballot title and summary: Proponents draft and submit a ballot title in their original filing (34 OS 8). Paid per signature: Previous ban overturned. III, 3 and MGL ch. 168.471; 168.472). The title of the act subject to the petition appears on the petition. Code 23-17-3. Who can sign the petition: Electors (Const. Paid signature gatherers must register with the secretary of state and pay a fee of $20 for each petition they will be paid to circulate (SDCL 2-1-1.5 through -1.9). Submission deadline for signatures: No later than 5 p.m. 90 days after the final adjournment of the legislative session (Const. Proponent organization and requirements: Application includes sponsors name, or if an organization, the names and titles of its officers, and an address (ARS 19-111). 116.120). Prepared by sponsor, approved by secretary of state. 2, 10). 3, 4; Art. Const. Verification: The legislature may authorize generally accepted statistical procedures. 2, 10), Majority to pass: Yes (Cal.Const. Who creates petitions: Sponsors (A.C.A. Where to file: Secretary of state and attorney general (ORC 3519.01(B)). Art. 19-126), Majority to pass: Yes (A.R.S. Art. 14, 9; MCA 13-27-503; 13-27-504). Who can sign the petition: Qualified electors (NDCC Const. V.A.M.S. Art. II, 1g; O.R.C. Time period restrictions before placed on the ballot: If sufficiency is being reviewed at the time the ballot is being prepared, the measure shall be placed on the ballot and no subsequent decision shall invalidate it if it is approved by a majority of voters (Const. 9 23), Application process information: File application with secretary of state, including organization name and officers and other information, summary and text of proposed law, and must also file a statement of its organization (A.R.S. XVI, 1; O.R.C. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient (Const. Art. 5, 1), Single subject rule: Yes (Cal.Const. Other requirements may include a legal warning, a statement that the petition circulator is paid, a summary of the proposed measure, the full text of the measure, the county or district where the signature was collected, a warning to signers and more. States may limit the subject matter of ballot measures. Amending or diverting funds from a referendum measure requires a three-fourths vote of the members of each house of the legislature, and the amendment must further the purposes of the measure (Const. 250.048; OR CONST Art. 19-111; 19-124). St. 32-1407; 32-401), Ballot title and summary: Attorney general (Neb. Fiscal review: The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. Art. 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. 3519.01). The other 19 states limit the subject matter of laws that the popular referendum can address. 100.371). Constitution 48, Pt. Art. Withdrawal of petition: Proponents may do so any time before measure qualifies for the ballot, 131 days before the general statewide election (Cal.Elec.Code 9033, 9604). 14, 11. Geographic distribution: 3% of the votes cast for the office of governor in the last election in half of the counties each (OH Const. General review of petition: After the hearings the proponents and Governor's Office of Management and Budget may revise (U.C.A. V 1). III, 8). Art. County recorder or justice of the peace. 3, 52). Majority to pass: Yes (V.A.M.S. 250.045). Fiscal review: If the measure will have an effect on revenue, expenditures or the fiscal liability of the state, the attorney general orders the budget director to prepare one (MCA 13-27-312). Steps for an Initiative to become Law Write the text of the proposed law (initiative draft). Who can sign the petition: Legal voters (Const. Political committees must file reports of contributions and expenditures. II, 1g). List of the Pros of Referendums. 3, 50), Other subject restrictions: No appropriations or other new revenues not provided for in the measure (V.A.M.S. Petition title and summary creation: The title of the act subject to the petition appears on the petition (Utah Code 20A-7-303). Where to file with: Division of Elections (F.S.A. 12, 2). 1953 20A-7-201). 901 and 1 M.R.S.A. 3, 4. 3, 52(e)) with the assistance of the attorney general (Wyo. 14, 3 and see Coalition for Political Honesty v. State Board of Elections (1976)). Who creates petitions: Lieutenant governor provides a copy of the referendum petition and signature sheets; sponsors print additional copies (Utah Code 20A-7-304). Signatures must be submitted no later than 18 months after the petition form was furnished by the secretary of state, and each signature is only valid for one year. Another 10 states allow petition sponsors to draft the title and/or summary, in some cases with approval by a state official. 21 1 and A.R.S. VI, Subpt. 100.371). Art. 1(6B)). Amend. Art. 2, Oregon: O.R.S. Const. 48, Init., Pt. 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. Six months to turn in signatures once petitions have been titled and certified for circulation, and filed no later than three months and three weeks before the election and made by 3 p.m. on the day of filing. Ballot title and summary: Attorney general (RCW 29A. Art. Sponsor or group who receives contributions or spends over $500 for the passage or defeat of the referendum must file a statement of organization as a ballot question committee. "Petition organizer" means a business entity that receives compensation for organizing, supervising or managing the circulating of petitions. Art. 250.137; 250.139; 250.125; 250.067; 250.127). Application process information: The sponsor must file a copy of the measure signed by 1,000 electors (and not more than 2,000) with the secretary of state, along with the text of the measure, whether they plan to use paid circulators, and designating three chief petitioners (O.R.S. Public review or notice: In consultation with the attorney general, the secretary state writes an analysis of the effect of the measures, which will be published in the columns for two weeks prior to the election (NDCC, 16.1-01-07). Circulator oaths or affidavits: Yes (34 Okl.St.Ann. Circulator requirements: 18 years of age (34 OS 6). Art. 5, 1). 7-9-103), Geographic distribution: From 15 different counties, with each countys petition having signatures of at least half of the designated %age of electors of the county (Ark. 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. Repeal or change restrictions: No veto by governor. Art. Formal processes vary greatly, such as the requirement of a formal sworn statement in Missouri (V.A.M.S. Art. The word, 'referendum' is often used for both legislative referrals and initiatives. Fiscal review: State auditor prepares, and proponents may submit proposed review (V.A.M.S. There is another kind of referendum, called the plebiscite (from a Latin term meaning decree of the people), whereby questions or issues are submitted to the vote of the people. A petition organizer must register with the secretary of state. 8). For direct initiatives, signatures must be submitted by April 15 immediately before the next general election (U.C.A. XI, 2 and AS 15.45.260). What is a RECALL? Const. Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). Who can sign the petition: Qualified electors and every person who is a qualified voter (Const. Evaluations done by lieutenant governor and Office of Legislative Research and General Counsel. Circulator oaths or affidavit required: Yes (MCA 13-27-302). Arizona. 15, 273; Miss. Art. Proponents write title (M.G.L.A. The president of the Senate and the speaker of the House of Representatives have authority to designate groups of members to prepare arguments for and against amendments to the Ohio Constitution proposed by the General Assembly, a person or persons to prepare an argument for any law, section, or item submitted to the electors by referendum petition, and a person or persons to prepare an argument against any constitutional amendment proposed by initiative petition. 116.110). 168.474a; 168.486; 168.477; 168.3, V.A.M.S. 1953 20A-7-212). III, 5 and 6; NDCC 16.1-01-09(7). Must file measure's full text and three designated sponsors who are Wyoming voters to act as official sponsors of the campaign. IV, 1). Code 103 and 9602). 3, 6). Art. III, 52(b)). Types allowed: Direct initiative for statutes and amendments and popular referendum, Single subject rule: Constitutional amendments only, not statutes (A.R.S. Its success in 1978, despite the strong opposition of the governor, state legislature, and the bureaucracy, prompted tax revolts in several other states. For direct initiatives, 8% of the number of active voters in the state on Jan. 1 immediately following the last regular general election. Proponent organization and requirements: Application must contain the names and addresses of at least five sponsors, certification that each sponsor is a registered voter in Utah and has voted in a regular general election in the last three years, the notarized signature of each sponsor and a copy of the law (Utah Code 20A-7-302). 116.090). Who creates petitions: Secretary of state (Neb.Rev.St. Collected in-person: Yes (Wyo. An amendment requires at least one-fourth of members support to get onto the ballot. This violence was reflected in which foundational document?, The process that gives citizens the power to enact constitutional amendments and legislation is called the, The initiative, referendum, and recall are all . 32-1405). Art. 19, 2; Art. 34-1813); and Maine (21-A M.R.S.A. 19, 3; Art. Fiscal review: Office of Fiscal and Program Review prepares (1 M.R.S.A. 250.125). Next statewide or special election after the legislative session concludes sine die, and signatures submitted to appropriate state officials at least 10 days before submitted to secretary of state, which is the 50th day of the first regular session or the 25th day of the second regular session. Petition title and summary creation: Sponsors draft title (Const.