Art. Governor may call a special statewide election for the measure (Cal.Const. 1(6C) and (6D)). Art. 250.045; 260.035; 260.054, South Dakota: SDCL 12-27-22; SDCL 12-27-3, Utah: U.C.A. Timeline for taking effect: Thirty days after the election at which it was approved (Const. Allowed to pay another for their signature: Prohibited (NDCC 16.1-01-12). 901, 906; 1 M.R.S.A. III, 3 and NDCC 16.1-01-09(2)). Art. Q. But if insufficient funds for the measure, it is effective 45 days after the next convening regular legislative session. Application process information: Submit draft of proposed initiative to legislative council and office of legislative legal services for review and comment. Const. 15, 273), Who can sign the petition: Qualified electors (MS Const. 901 and 1 M.R.S.A. 106.19, 100.371, 120.54), Who creates petitions: Approved by secretary of state (F.S.A. Art. 15, 273), Conflicting measures: Measure with highest number of affirmative votes prevails (MS Const. Const. Const. Various forms of I&R have existed in the United States since the 17th century, beginning in New . The ballot must include a clear and concise statement as to the effect of a yes or no vote. 54, 22A). General election, and signatures must be verified no later than Feb. 1 of the year of the general election. Art. "Direct Democracy" in California. Code 104). II, 10). Collected in-person: Yes (Utah Code 20A-7-303(3)). IV, 1). 187; Okl.St.Ann. 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. In calendar quarters with an election, additional reports are due 10 days before the election and 15 days after the election. 5, 5; M.G.L.A. There is a principal circulator whose information is publicly available upon request. St. 32-1405.01; 32-1405.02; 32-1413). Allowed to pay another for their signature: Prohibited (O.R.S. Const. 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). Number of signatures required: For statutory initiatives, 8 % of legal voters that cast ballots for governor in the last election. 1-40-104, 1-40-105, 1-40-111, 1-40-135). (21-A M.R.S.A. (Const. Code Ann. Proponent financial disclosure requirements: Political committees must file a statement of organization (NMSA 1-19-26.1). Proponent organization and requirements: There may be a legally or generally recognized sponsor of the proposed amendment or question (M.C.L.A. Petition title and summary creation: Petition must include a summary of 100 words or less (MCL 168.482). Const. 3, 3; NDCC, 16.1-01-09). 3, 51; V.A.M.S. Collected in-person: Yes; petition includes language verifying that each person has "personally signed" (RCW 29A.72.130). Circulator oaths or affidavit required: Yes (Const. Where to file with: Division of Elections (F.S.A. LXXIV, 2 and MGL ch. II, 1g; O.R.C. Pre-election statements must be filed 40 and 12 days before the election (Govt. Rev. 32-1401; 32-1405; 32-628; 32-1403, Nevada: N.R.S. Timeline for taking effect: First Tuesday after the first Monday in January following the election unless otherwise specified (F.S.A. Arguments for and against are prepared by committees with members appointed first by the secretary of state, the senate's presiding office, and the house's presiding officer. 218D.810; 293.267; 295.015; 293.252). 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. Seventeen states do not provide for any limitation on attempting to repeat a specific measure: Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Maine, Michigan, Missouri, Montana, Nevada, Ohio, Oregon, South Dakota and Washington. VI). Art. 2, 8). States may limit the subject matter of popular referenda. 3599.14). Must have full text of the measure and names and addresses of the sponsors (NDCC Const. 1-40-116). XI, 3). If paid, must also register with the secretary of state and take training program (O.R.S. Geographic distribution: 10% of the votes cast in the last general election in each of three-fourths of the counties, or 25% to suspend operation of the act until the operation (Const. 22-24-407. Art. Proponent financial disclosure requirements: There is a principal circulator whose information is publicly available upon request (NRS 32-1406). Recall, referendum and initiative processes are electoral devices used by citizens when they want to take part in government activities. Additional reports are due on the third Wednesday in January of each year the committee continues in existence. If 110 % or more, the petition passes. 12, 2). Supermajority vote only to change vote requirement. Proponent financial disclosure requirements: Include but may not be limited to a ballot question committee filing campaign statements, filing the 16th day before the election to the 11th day before the election, a postelection campaign statement, fines if failure to file properly, advertising guidelines (M.C.L.A. Nine states (Arkansas, California, Missouri, Montana, North Dakota, Oklahoma, Oregon, Utah and Washington) also allow referenda on special election ballots. Must file quarterly reports. In 2021, Idaho passed SB 1110, which would have required signatures from 6% of the qualified electors at the time of the last general election in all 35 legislative districts, but in August 2021, the Idaho Supreme Court blocked implementation of that law. Art. Collected in-person: Yes (Elec. Submission deadline for signatures: Within 90 days after the adjournment of the legislative session at which it was passed (Const. Submission deadline of signatures: Have 120 days before election for amendments, and 160 days before election and not less than 10 days before legislative session for statutes (M.C.L.A. What is on each petition: Petition must include the full text of the measure, the affidavit of the circulator (Const. Const. Art. 3, 17(3)). Petitions must be submitted by 5 p.m. not more than 90 days after final adjournment of the legislative session at which the bill was passed. Petitions with an incomplete or modified affidavit are invalid (Const. Sometimes initiatives are first submitted to a legislature. 1, Part 2). There are exceptions, such as in Mississippi, where someone can withdraw a signature if it was signed as a result of fraud, coercion, or being intentional mislead as to the substance or effect of the petition (Miss. The secretary of state will also conduct at least one public hearing in each congressional district on each ballot measure (Miss. 5, 6; 34 Okl.St.Ann. CONST. VI, Subpt. (Const. Withdrawal process of individual signature: Any signer may remove their signature at any time before the petition is filed by striking it out on the petition (ORC 3501.38(H)). In other words, it is the ability of the voters to enact or repeal laws, or recall elected officials. Collected in-person: Yes (A.R.S. Art. Withdrawal process of individual signature: Signer or attorney of the signer may remove a signature before official filing (O.R.C. III, 2. Signatures are valid for two years, but a petition can circulate indefinitely, and filed at least 30 days before Feb. 1 of the year of the general election that the measure is to be voted upon. If legislature amends, it does not go into effect until the original is rejected by the voters. Timeline for taking effect: For indirect initiatives, 60 days after the adjournment of the legislative session that passed it. Art. IV, 1(4)). Code Ann. 22-24-416). II, 1g and ORC 3519.01). Const. 10% of total votes cast in previous general election, 5% of votes cast for all candidates for governor in previous election, 6% of total votes cast for the office of governor in the last general election, 5% of votes cast for all candidates for governor in the last gubernatorial election, 5% of votes cast for secretary of state in last election, 6% of the qualified electors at the time of the last general election, 10% of the total votes cast for governor in the last gubernatorial election, 3% of the votes cast for governor at the preceding biennial state election, 2% of the entire votes cast for governor at the preceding biennial state election, 5% of total votes cast for all candidates for governor in the last general election, 5% of the total vote cast for governor at the last election. Code Ann. May include a fee (RCWA 29A.72.010; 43.07.120; 29A.72.020; 29A.72.040). 7-9-104; A.C.A. Repeat measures: Two years (MS Const. Art. 1(9) and A.R.S. Art. Single subject rule: Yes (N.R.S. Submission deadline for signatures: Petition must be filed with county officials not later than 15 days following the primary election (NRS 295.056). ", Miss. Aside from single-subject rules, seven states have no additional subject restrictions on what can be in initiatives: Arkansas, Colorado, Idaho, Oklahoma, Oregon, Utah and Washington. 1(5)). Timeline for collecting signatures: Signatures may be signed at any time after an act is passed (Const. Art. Art. Circulator requirements: Age 18 (Neb. Filed within one year of receiving notice that petitions are ready. Art. Where to file with: Secretary of states office and attorney general (AR Const. Const. (SDCL 2-1-3). The attorney general reviews the ballot title after signed petitions are turned in (34 Okl.St.Ann. Most common are requirements that they be at least 18 years of age, a citizen, a registered voter and/or a resident of the state. Legislature reviews the indirect statutory initiatives. Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state. Must be submitted by September, then December, and then possibly July (M.G.L.A. Does the law in question take effect before the referendum vote: Not specified. Who can sign the petition: Registered voters of the state (Const. Code 9014). 295.0575), Allowed to pay another for their signature: Prohibited (N.R.S. Circulator requirements: Must just be at least 18 years old (N.R.S. Verification: County officials verify each signature, printed name, date of birth and address with the voter registration records to determine if the signer is a registered voter (NRS 32-1409). V, 1(6) and CRS 1-40-111(2)). 4, 5). States vary in how they verify the collected signatures. Circulator requirements: Must be age 18 or older and resident of Ohio (I.C. The sponsor may file a written notice to withdraw the initiative with the secretary of state. Art. Art. Must file monthly financial reports with the Ethics Commission. Art. The statement may not be submitted electronically (Utah Code 20A-7-305). Art. The popular referendum is a measure that appears on the ballot as a result of a voter petition drive and is similar to the initiative in that both are triggered by petitions, but there are important differences. 1953 20A-7-204). Geographic distribution: Under court challenge. Const. For statute, 8% of total votes cast for governor in last general election. III, 5(2)). Const. Proponent organization and requirements: At the time of filing a draft, proponents must designate the names and mailing addresses of two people who will represent the proponents in all matters related to the petition (CRS 1-40-104). Verification: Board of state canvassers verifies the signatures using the qualified voter file and shall complete the process at least two months before the election (M.C.L.A. Timeline for collecting signatures: Must be 180 days from official summary date by attorney general (Cal.Elec.Code 9014). Allowed to pay another for their signature: Prohibited. Who can sign the petition: Qualified electors of the state (34 OS 23). Single subject rule: Yes (OR CONST Art. Legislature or other government official review: The secretary of state consults with the legislative counsel for any technical suggestions, which will be posted to the secretary's website (N.R.S. 19, 1 and NRS 293.127563). 250.025), Collected in-person: Yes (O.R.S. 8; 17). Circulator requirements: Maine resident who is a registered voter (21-A MRSA 903-A), Circulator oaths or affidavits: Yes (M.R.S.A. 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. However, in about half of the 24 initiative states, proponents can get drafting assistance to improve the quality and consistency of initiative proposals. Three% of votes cast for governor at preceding biennial state election to submit to the legislature. 3, 1 and Const. L-04, 2011 WL 1130010 (July 5, 2011). Proponent organization and requirements: Must file as political committee (F.S.A. The Referendum is where the state legislators can deal with a problem by putting it on the ballot and letting the people vote it. Wyoming: 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. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments, and popular referendum. II, 1g; O.R.C. Art. 19, 2; N.R.S. III, 3). 15, 273; Miss. 19-121. Const. 1953 20A-7-205). Who creates petitions: Secretary of state (Neb.Rev.St. Law 6-202). Withdrawal process of individual signature: Yes, before May 15, signer submits request to county clerk (U.C.A. Art. Circulator requirements: Must be 18 years old and registered with the secretary of state. 4, 2; Constitution 48, Init., Pt. Referendum is a decision for the general assembly to put a bill on the ballot. 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. 2, 9; Const. Art. Const. 7-9-111). 250.062). 116.090). If a petition is insufficient, a period of 20 days is allowed for correction. Study with Quizlet and memorize flashcards containing terms like During the gold rush, white miners used nativism and racism to justify their violence against Native populations. Groups must file reports detailing contributions received in excess of $100 in the aggregate and all other contributions and expenditures made by the group. III, 4). Amend. 3501.38). The following 11 states use a statistical sampling method to determine if petitions have enough valid signatures: Eleven of the popular referendum states specify a procedure by which a person may withdraw their signature from a petition. Art. Prepared by joint legislative budget committee staff. 54, 53, Drafted by sponsors and approved by board of state canvassers. Fiscal review: The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. 18). 34-1813), Repeal or change restrictions: No time limit or majority restrictions for legislature to overturn or alter, Types allowed: Citizen initiative for constitutional amendments. Every state also includes requirements as to how the authenticity of signatures are verified, and constitutional amendments often require more signatures than statutory changes. Other subject restrictions: Must contain only subjects that are related or mutually dependent.