295.055; 295.009, North Dakota: NDCC, 16.1-01-07; 16.1-01-09, Ohio: OH Const. Governor may call a special statewide election for the measure. 21 1 and A.R.S. 3, 52(e) and Wyo. If any pair do not match, the rest of the signatures on that page must be verified via this comparison (MCA 13-27-303; 13-27-304). Every state also includes requirements as to how the authenticity of signatures are verified, and constitutional amendments often require more signatures than statutory changes. Proponent financial disclosure requirements: Reports of expenditures and contributions received are required quarterly in non-election years and monthly, March through November, in election years. May be withdrawn by any of the people authorized to do so in the original application; withdrawal is made via a form prescribed by the secretary of state. First, they tend to be much shorteran average of 90 days. II, 1g). Application process information: Application must be filed within 10 business days of the adjournment of the legislature on a form designated by the secretary (21-A MRS 901). 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). II, 1(b) and RCW 29A.72.150, 4% of the votes cast for the office of governor at the last election, 15% of the total ballots cast in the previous general election. Timeline for taking effect: The first day of July after the completion of the official canvass (SDCL 2-1-12). Art. St. 32-1405; 32-1406). LXXXI, 4). Prepared by joint legislative budget committee staff. 1-40-112). Ballot title and summary: Prepared jointly by the secretary of state and attorney general (IC 34-1810(1)(b)). 4, 1, Pt. 1-40-111), Nebraska (Neb. Collected in-person: Yes (Utah Code 20A-7-303(3)). 1-40-111). CONST. For amendments, 10 % of the total votes cast for governor (M.C.L.A. 19, 1). Art. Art. For statutory initiatives, 8 % of legal voters who cast ballots for governor in last election. Verification: The legislature may authorize generally accepted statistical procedures. Code Ann. 48, Init., Pt. Petitions must be submitted within 90 days following the final adjournment of the legislative session at which the law was enacted. The financial estimate committee will estimate costs and consult with the legislative revenue officer. Constitution 48, Pt. Contributions of $1,000 or more must be reported within 48 hours after receipt. Reports of contributions and expenditures are due by the 15th of every April and October. Maine: If neither receives a majority, the one receiving the most votes, if it receives more than one-third of the votes given for or against both, will appear at the next statewide election to be held not less than 60 days after the vote (M.R.S.A. Art. 21-A M.R.S.A. If the referendum question gains enough "yes" votes, then . 2, 3; Const. 3, 17(1)). IV, 1). Art. Art. 11 5). Art. The timelines for signature gathering for popular referenda differ significantly from those for initiatives. Must be 18 or older and a U.S. citizen (M.C.L.A. 19, 2), Repeal or change restrictions: No amendment or repeal by the legislature within three years of enactment (N.R.S. Ballot title and summary: Ohio ballot board. Types allowed: Direct and indirect initiatives for statutes, and popular referendum, Single subject rule: Yes (U.C.A. Petition includes title, brief legislative history of the measure to be referred, full text and secretary of state's certification that the full text is correct (ORC 3519.05(C)). Once an initiative is on the ballot, An example of an advisory referendum is Question 5, Gathering Information: Monitoring Your Progress. Const. If the total signatures meet 90-100% of the requirement, the county clerk(s) check all of the signatures until 100% is reached. A statewide special election may be called for amendments (M.C.L.A. 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). Repeat measures: Two years (MS Const. Where to file: secretary of state (Const. Art. 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. LXXXI, 4). V, 1(3)). Most of these bans have been overturned by the courts. Art. 7-9-107). California is one of two dozen states that gives voters these checks on elected officials. Submission deadline of signatures: For direct constitutional amendments, a timeline beginning on Sept. 1 before the general election it is to be voted upon and ends on the third Tuesday of June of an even-numbered year. Art. Both the initiative and the referendum originated in Switzerland in the first half of the 19th century. 5, 1), Timeline for taking effect: Thirty days after the election unless otherwise specified in the act (Ark. The secretary of state will also conduct at least one public hearing in each congressional district on each ballot measure (Miss. Does the law in question take effect before the referendum vote: In some cases, yes. 11 3), Who can sign the petition: Registered voter in the county in which the petition circulates (F.S.A. Reports of contributions and expenditures are due on the 21st and seventh days immediately preceding an election and the 10th day of the first full month after an election. Reports of State Question Communications are required if aggregate expenses for a communication made at least 15 days before the election equal to exceed $5,000. 19, 1). Designated representatives must, within 10 days of filing a completed petition, file a report containing information about paid circulators and any other expenditures made in relation to circulating petitions. Verification: Each countys supervisor of elections will take a sample or verify every signature. The recall allows residents to remove the person in office. Art. 1953 20A-7-203). VI, 1 and Utah Code 20A-7-301(2)). No earlier than 75 days, and no later than 15 days, voter information pamphlet and newspaper publication (U.C.A. Also requires full disclosure of campaign staffers. Amend. 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. Such statement shall in clear and concise language explain the effect of a vote for and against the measure in such language that the statement will not be intentionally an argument or likely to create prejudice, either for or against the measure (NRS 32-1410(2)). Allowed to pay another for their signature: Prohibited (RCW 29A.84.250). Art. 3, 18, 20). Stat. 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. 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. 295.056). Circulator oaths or affidavit required: Yes (AS 15.45.360). Code 9014). For statutory initiatives, 6% of total votes cast for all candidates for governor in last general election. Art. 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). 116.320). They may also submit their own alternative ballot measure to the people if it is different but under the same subject area. Who creates petitions: Unclear who actually creates the petition, but it must be created according to a form prescribed by the secretary of state (NDCC 16.1-01-09). Art. Art. This deadline pertains to when counties must submit petitions with verified signatures to the secretary of state. Art. Petition title and summary creation: Petition includes the title of the referred law (SDCL 2-1-3.1). Where to file: Secretary of state (OR CONST Art. Const. Withdrawal process of individual signature: Any person who alleges they signed as a result of fraud, coercion, or being intentional misleading as to the substance or effect of the petition, may withdraw their signature by filing an affidavit with the secretary of state any time before the secretary of state has accepted and filed the petition (Miss. 12, 2). V, 3 and OK Stat. III, 1). If the random sample verification establishes that fewer than 95% of signatures are valid, the petition is deemed insufficient. Art. Who can sign the petition: Qualified voters (SDCL 2-1-6). III, 3). Sponsors submit full petition to title board for review (CRS 1-40-105). 2, 1). Art. Some states do not specify a method for verification. Vote requirement for passage: Majority (SDCL 2-1-12). Withdrawal process of individual signature: Secretary of state verifies the signatures for total number and from two-thirds of the counties (W.S.1977 22-24-316). XI, 2 and AS 15.45.260). Must contain only subjects that are related or mutually dependent. Const. All of the chief petitioners must sign the form to withdraw (ORS 250.029). Then the clerks verify the signatures; with a random sample of at least 500 or 5 % of the petition district's signatures. Art. Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. 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. Art. Art. 2, 10), the legislature cannot change or alter measures on its own and must resubmit changes to the people unless the original measure passed by voters waived this requirement. Law 6-203(b)). Const. 100.371), Ballot title and summary: Sponsor, approved by secretary of state, reviewed by attorney general (F.S.A. 4, Pt. The ballot must include a clear and concise statement as to the effect of a yes or no vote. Amend. Allowed to pay another for their signature: Prohibited (Const. Twenty-four states have the initiative process ( list ). Art. II, 1g; O.R.C. Art. Verification: The circuit clerk of each county in which the petition was circulated will verify the name of every qualified voter who signed the petition (Miss. 48, Init., Pt. Stat. 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. In all states, a qualified popular referendum may be placed on the ballot in a statewide general election. Art. Art. Attorney general certifies submitted title and measure and summary by secretary of state, with attorney general oversight. The use of the initiative and referendum (I&R) process has ebbed and flowed throughout U.S. history. 21 1; CV160314-SA), Montana (MT CONST Art. Art. St. 32-1405.01; 32-1405.02; 32-1413). 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). V, 1(3)). Restrictions included 120 days before election for amendments, and 160 days before an election and not less than 10 days before legislative session for statutes. Seventeen states have a statute in place noting that if two or more conflicting measures are on the same ballot, the measure receiving the most votes passes. Const. N.R.S. In every state, petitions must follow guidelines, which vary by state. N.R.S. Who can sign the petition: Registered qualified voters (Cal.Elec.Code 105, 9020, 9021), Geographic distribution: None, but may only sign petition circulated in the county of registration (Cal.Elec.Code 9021), Collected in-person: Yes (Cal.Elec.Code 100), Withdrawal process of individual signature: Written request with county election official before petition is filed (Cal.Elec.Code 103, 9602). 2, 8, 12). General review of petition: Secretary of state, along with revisor of statutes, may reject petition application if it does not conform to drafting conventions for statutes (21-A M.R.S.A. 5, 1; A.C.A. For a direct initiative, unless otherwise specified, they do not take effect until five days after the date of the official proclamation by the governor (U.C.A. What is on each petition: The format follows statute guidelines, must be notarized, must have specific language including legal warning, ballot title and abstract from fiscal impact statement (CRS 1-40-110, 1-40-105.5). Circulator oaths or affidavit required: Yes (MCA 13-27-302). Where to file with: Attorney general (O.R.C. V, 1), Collected in-person: Yes (A.C.A. 353, 354). Art. 5, 11; Art. 130.046). Art. Geographic requirements based on U.S. House districts, which must be highly equal in population, have been ruled constitutional. Art. After the hearings, the proponents and Governor's Office of Management and Budget may revise (U.C.A. Should this bill be: Approved. 169.234; 169.247). The attorney general reviews the ballot title after signed petitions are turned in (34 Okl.St.Ann. Art. Since the early 1970s, the initiative has increased greatly in popularity. For indirect, statutory initiatives only: The legislature has 40 days to pass the unchanged initiative. In the United States, amendments to state constitutions also must be put before the voters for approval. 1-40-108. 34-1801a), Ballot title and summary: Attorney general (I.C. Stat. Political committees must file reports of contributions and expenditures. Rev. Initiativ e, Referendum and Recall Information The following is also provided in Spanish Lo siguiente tambin puede leerse en espaol. Code 9607). 19, 1 and NRS 295.045 and .056. III, 52(a) and 53). Code 9006). What would happen if the US had direct democracy Quora. XVI, 2). If the legislature rejects the measure, the legislature may propose an alternative measure (with the approval of the governor), and it will appear on the ballot along with the original initiative.
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