4, Pt. Art. Art. An amendment requires at least one-fourth of members to support to get onto the ballot. Legislature or other government official review: The Legislative Research Council also provides written comments to the attorney general (SDCL 12-13-25; 12-13-25.1). 116.334). Art. Evaluations done by lieutenant governor and Office of Legislative Research and General Counsel. 4 1, Part 1(6B), (6C) and (6D). 2, 19; Amalgamated Transit Union Local 597 v. State of Washington, 11 P.3d 762 [2000]), Arkansas (AR Const. Allowable uses of funds by ballot measure committees are specified at Elec. 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706). 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. Unclear; the statute describing the titling process by the attorney general specifically mentions initiative measures and constitutional initiatives but does not mention popular referenda. Constitution 48, Pt. 7-9-111). (SDCL 2-1-3). Art. What is on each petition: Petition contains bill number, title of the act, signers statement and warning to signers and circulator verification (Utah Code 20A-7-303). Secretary of state, in consultation with attorney general, OH Const. Conflicting measures: Measure with greatest number of affirmative votes is enacted, although the entire competing measure might not be superseded (>I.C. Submission deadline for signatures: June 1 (Const. Sponsors submit full petition to title board for review (CRS 1-40-105). III, 3; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. May be withdrawn by any of the people authorized to do so in the original application; withdrawal is made via a form prescribed by the secretary of state. 11 5, Idaho: I.C. St. 32-630 and -1404), Nevada (N.R.S. Art. Grounds for denial are improper form, insufficient sponsors, or more than 90 days have passed since adjournment of the session (AS 14.45.310). Paid per signature: Circulators may be paid but not by the signature. II, 1(b) and RCW 29A.72.150). Please note: Text within images is not translated, some features may not work properly after translation, and the translation may not accurately convey the intended meaning. M.C.L.A. Application process information: Petition must be presented to secretary of state for approval as to form. A committee formed to support or oppose a ballot measure must register by filing a statement of organization with the Ethics Commission when its contributions or expenditures exceed $1,000. Circulator requirements: Any Maine resident who is a registered voter (21-A MRS 903-A). One year, but proponents must submit to the county officials no sooner than nine months and no later than four weeks prior to the final deadline. 23-17-57), Number of signatures required: Twelve % of the total votes cast in the last gubernatorial race for governor (MS Const. For example, Australia defines 'referendum' as a vote to change the constitution and 'plebiscite' as a vote which does not . VI, Subpt. What is on each petition: Must be in substantially the same form as initiative petitions, containing a title, a warning and the full text of the act (IC 34-1801A). Who can sign the petition: Qualified electors (Const. Art. 3, 52(f)). It is unclear whether the following language in Nevada applies to popular referenda (provisions for which are included in the relevant article), or only to initiatives: This Article does not permit the proposal of any statute or statutory amendment which makes an appropriation or otherwise requires the expenditure of money, unless such statute or amendment also imposes a sufficient tax, not prohibited by the Constitution, or otherwise constitutionally provides for raising the necessary revenue.. A statement of organization is required (Govt. 7-9-404; 406; 407; 408; 409). Repeal or change restrictions: Majority of legislature may repeal or alter any statute measure (OK Const. 250.036; OR CONST Art. Law 6-202). Art. Application process information: No fees or application, Where to file with: Secretary of state (M.C.L.A. 21 1). 5, 1), Repeal or change restrictions: No veto by governor, and two-thirds vote by legislature may amend or repeal (Ark. art. Withdrawal of petition: Anytime more than 70 days before the election, a majority of the committee members may withdraw the petition by writing to the secretary of state (O.R.C. Art. Conflicting measures: The measure with the most affirmative votes becomes law (NDCC Const. Art. Conflicting measures: The amendment which receives the greatest number of affirmative votes shall be paramount in all particulars as to which there is conflict even though such amendment may not have received the greater majority of affirmative votes (Neb. The popular referendum process allows voters to approve or repeal an act of the legislature. Art. Const. Does the law in question take effect before the referendum vote: No (Const. For indirect initiative states, this review process involves the legislature and can be quite extensive. Stat. Biennial regular general election, with submission deadline three months and three weeks prior to election. Paid per signature: Circulators may not receive payment greater than $1 per signature (AS 15.45.340(b)). Vote requirement for passage: Majority (Const. Take a minute to check out all the enhancements! 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. Pre-election statements must be filed 40 and 12 days before the election (Govt. Art. Petition title and summary creation: A title board comprised of the attorney general, the secretary of state and the director of the office of legislative legal services or their designees (CRS 1-40-106). 19-121). What is on each petition: The statement written by the secretary of state and the full text of the measure must be included (NDCC 16.1-01-09). 2, 1). Circulator oaths or affidavit required: Yes (ORS 250.045(10)). 54 53). Art. Const. Timeline for taking effect: Thirty days after it is enacted or approved by a majority of the votes cast (OR CONST Art. Ballot title and summary: Attorney general (Cal.Elec.Code 9004), Time period restrictions before placed on the ballot: At least 131 days prior to next general election it is to be voted on (Cal.Elec.Code 9016; Cal.Const. 1953 20A-7-202). IV, 1). 19-112; 19-121.01). Who creates petitions: Sponsors (IC 34-1805). 1-40-134). Const. Of the 24 states, 18 allow initiatives to propose constitutional amendments and 21 states allow initiatives to . South Dakota has a unique statute regarding pay: may pay based on hourly wage or salary, express or implied minimum signature requirements for the circulator to meet, may terminate someone's employment if they do not meet "certain productivity requirements," and may pay discretionary bonuses based on reliability, longevity, and productivity. (SDCL 12-13-28). St. 32-1414). Allowed to pay another for their signature: Prohibited; a petition section is invalid if this happens (CRS 1-40-111(3)(IV)). If they fail, they may be submitted directly to a vote by the public, who may override the action of the legislature. 106.19, 100.371, 120.54, Idaho: I.C. One year after the petition is approved by the secretary of state for collection, and deadline of 120 days before the election it is to be voted upon. Withdrawal process of individual signature: Yes, before May 15, signer submits request to county clerk (U.C.A. A political committee must have a treasurer before receiving contributions or making expenditures. Application process information: Submit draft of proposed initiative to legislative council and office of legislative legal services for review and comment. 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. 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. Political committees must file a statement of organization. Here are the pros and cons of referendums to consider. 1953 20A-7-212). Rev. 15% of the total vote cast in the last election in at least of two-thirds of the counties. Const. Stat. VI, Subpt. Fiscal review: The chief legislative budget officer prepares a fiscal analysis, the summary of which will appear on the ballot (MS Const. Timeline for taking effect: For indirect initiatives, 60 days after the adjournment of the legislative session that passed it. A filing fee of $500 accompanies the application (W.S.1977 22-24-302; 22-24-303). Proponents, but certified by state board of elections and reviewed by attorney general. Art. 3, 50; V.A.M.S. 1-40-102, 1-40-105, 1-40-106, Florida: F.S.A. II, 1b and 1g; O.R.C. Art. 3519.01). Code Ann. 19-121), Submission deadline of signatures: Four months before election (A.R.S. Art. Code 107, 18680. Statutes for petition contents for each state are: Individuals who physically gather signatures are referred to as circulators. XVI, 3(d)). Prepared by chief legislative budget officer. Art. III, 5(1) and MCA 13-27-301. NAME _____ Period____ US History Midterm Review Packet Directions: Your goal is to create a booklet and fill in the data by using all resources: Terms, Canvas PowerPoints, Binder with assignments by Unit, US History Text, and the Guided Readers, along with the Gateway textbook. Art. For citation information, please contact the NCSL Elections and Redistricting team. 116.320). The secretary of state will also conduct at least one public hearing in each congressional district on each ballot measure (Miss. Art. 6, 1; U.C.A. Submission deadline for signatures: Within 90 days following the final adjournment of the legislative session at which the law was enacted (Const. Rev. If 20 % or more of signatures on any part are invalid, then the burden to prove the rest are valid falls on the sponsors (Ark. 48, Init., Pt. Prepared by the secretary of state, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau. Reports are monthly during election years and annually in nonelection years. 49-1401). Arkansas: Exact petition copy filed with secretary of state (A.C.A. May remove no later than 120 days prior to the next general election. 22-25-106). General review of petition: Reviewed by attorney general and Ohio ballot board, which also writes pro or con statements if not supplied (OH Const. Art II, 10 and Elec. 3, 2; NDCC, 16.1-01-17). The required signatures must be distributed equally among all of the petition districts (NRS 295.012 and NRS 293.127563). Collected in-person: Yes (C.R.S.A. 15, 273; Miss. To place amendment on ballot, legislature must pass resolution with three-fifths majority (F.S.A. Citizens come up with and vote on their own laws Pros: 1. For indirect statute petitions, the legislature has 40 session days to pass or reject the unchanged or unamended measure. 3, 4; Art. 5, 1). Art. Public review or notice: Pro and con statements and explanations are made public prior to the election in newspapers, in public offices and on the secretary of states website (OH Const. Fiscal review: Office of Fiscal and Program Review prepares (1 M.R.S.A. Who creates petitions: Sponsors are required to submit a sample petition to the secretary of state. The legislature has four months to pass the bill in amended or unchanged form. "Petition organizer" means a business entity that receives compensation for organizing, supervising or managing the circulating of petitions. Select a State with Popular Referenda to Learn More. 5, 2; 34 Okl.St.Ann. LXXXI, 4). If paid, must also register with the secretary of state and take training program (O.R.S. Which election is a measure on: For statutes, if not passed by the legislature within 40 days, then it is placed on the next general election's ballot. Geographic distribution: 6% of the qualified electors at the time of the last general election in at least 18 legislative districts (IC 34-1805). 2. stimulate democratic reforms such as the initiative and the referendum. Which election: Next regular general election or a special election called by the lieutenant governor (Utah Code 20A-7-301(1)). This ensures that measures are not passed by a small minority of voters, either because of a low turnout election or ballot-drop off (where voters only vote partway through a ballot). Paid per signature: Banned (U.C.A. To re-enable the tools or to convert back to English, click "view original" on the Google Translate toolbar. IV, pt. Geographic distribution: From at least 15 of the 29 senate districts, signatures equal to 8% of the number of active voters in the county on January 1 following the last regular general election (Utah Code 20A-7-301(1)). 74. 168.482). Art. 3, 52(b) and Wyo. Circulator oaths or affidavit required: Yes (Const. File a letter with secretary of state, signed by designated representatives, no later than 60 days prior to the election. . Timeline for collecting signatures: Unlimited, but if number of filed signatures is deemed insufficient, sponsors have 30 days to collect more (A.C.A. Timeline for taking effect: The date of the governor's proclamation of the election results (IC 34-1813). A fee of $500 is required; fee is deposited in general fund (Const. Deadline of 120 days before election for amendments; 160 days before election and not less than 10 days before legislative session for statutes; and 180 days to collect. Who creates petitions: Secretary of state prepares an official template for the cover sheet and signature sheets for each petition (ORS 250.052). III, 2). Code 9014). 901, 906; 1 M.R.S.A. For indirect statutory initiatives, after turning in original 3 percent of signatures, proponents must return next batch of signatures (another 3 percent) within 90 days of the legislature not enacting or amending a measure. Const. Petition title and summary creation: Original filing includes a summary written by sponsors; approved by attorney general (ORC 3519.01(B)). 5, 3; 34 Okl.St.Ann. Paying per signature was held unconstitutional (Miss. Five states have time limits on the repeal or alteration of measures. 2, 3), Fiscal review: A statement of 100 words or less by secretary of administration and finance regarding fiscal consequences of the measure (M.G.L.A. Initiative and referendum are powers granted to the electorate by the constitution of several states, and refer to the processes that allow voters to vote directly on certain legislation. Under the obligatory type, a statute or constitution requires that certain classes of legislative action be referred to a popular vote for approval or rejection. V, 1(3)). Who creates petitions: Petition filed by proponents is certified by attorney general, ballot board, and secretary of state (O.R.C. 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. Code Ann. Stat. Majority to pass: Sixty % majority required (F.S.A. 116.332). 116.332). Circulator oaths or affidavits: Sponsor signs affidavit, and circulators sign oath (RCWA 29A.72.010; 29A.72.120). Submission deadline for signatures: 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 (Colo. Const. Secret ballot. AB 45; 30). Art. Timeline for taking effect: When approved by a majority of voters (Const. Withdrawal process of individual signature: Any signer may withdraw their signature by giving their name, address and contact information to the secretary of state before the petition is filed (Wyo. Circulator requirements: Must just be at least 18 years old (N.R.S. Records must be kept of contributions and expenditures. If amended, expired or rejected, it goes onto the ballot. Twenty-four states have the initiative process ( list ). Where to file: Secretary of state and attorney general (ORC 3519.01(B)). The decision may take the form of a ballot question, a private survey, or a poll. Which election is a measure on: Biennial regular general election (C.R.S.A. II, 1(d) and RCW 29A.72.030). Fiscal review: State auditor prepares, and proponents may submit proposed review (V.A.M.S. After the hearings, the proponents and Governor's Office of Management and Budget may revise (U.C.A. Art. For indirect statutory initiatives, it is roughly 11 months and two weeks. They may also submit their own alternative ballot measure to the people if different but under the same subject area.