Who can sign the petition: Qualified voters (M.G.L.A. Art. Rev. A statement of 100 words or less by secretary of administration and finance regarding fiscal consequences of the measure. There are critics that disapprove of . Const. 100.371). Art. If the random sample verification establishes that fewer than 95% of signatures are valid, the petition is deemed insufficient. Const. 2, 10; N.R.S. Where to file with: Secretary of state (W.S.1977 22-24-302). St. 32-1407). Registration must include the circulator's full name, residence address, phone number and email address; the petition for which the circulator will gather signatures; a statement that the circulator consents to the jurisdiction of the courts of Arizona in resolving any disputes concerning the circulation of petitions by the circulator; the address of the committee in Arizona for whom the circulator works and will accept service of process related to disputes; a notarized affidavit by the circulator (ARS 16-118). 3519.16). d. laws enacted by state legislatures. For constitutional amendment initiatives, 4% of resident population. Const. Verification: Random sample of at least 5 % or at least 4,000 signatures. 1, Part 2). Const. Collected in-person: Yes (Mo.Rev.Stat. Where to file with: Attorney general and secretary of the commonwealth once approved (M.G.L.A. The popular referendum allows voters to approve or repeal an act of the Legislature. St. 32-628), Allowed to pay another for their signature: Prohibited (Neb.Rev.St. 34-1812a, 34-1812b, I.C. Timeline for taking effect: For statutes, unless specified otherwise, Oct. 1 following approval. If they fail, they may be submitted directly to a vote by the public, who may override the action of the legislature. The title of the statute or resolution that is the subject of the referendum is printed on the ballot. Art. Art. There has been one exception: The case Initiative and Referendum Institute v. Jaeger (2001) in North Dakota upheld the ban on paying per signature. Petition title and summary creation: Attorney general (Cal.Const. Art. Const. 4. increase the participation of African Americans in the Federal Government. Does the law in question take effect before the referendum vote: No (Const. Board of Election commissioners and then certified to the secretary of state. 19-121), Submission deadline of signatures: Four months before election (A.R.S. Proponent organization and requirements: The sponsor of the bill who files with the secretary of state must appoint a three-member committee advocating approval of the ballot issue. Direct democracy is the term we in government use to describe the ability of the voters to take matters into their own hands. Paid per signature: May be paid (Ark. Art. Proponent organization and requirements: At most, three people are designated as the chief petitioners and state whether circulators will be paid or not (O.R.S. Who can sign the petition: Electors (O.R.S. Legislature reviews the indirect statutory initiatives. An act that was suspended by a petition and is approved by the people is effective the date the result of the canvass is filed by the secretary of state (MCA 13-27-105(3)). 1(3) and (7)). III, 1). 34-1802). A.R.S. Art. 19, 3; N.R.S. Art. The recall allows residents to remove the person in office. Art. Allowed to pay another for their signature: Prohibited (SDCL 12-26-15). Art. The attorney general may approve the title or revise as necessary to comply with the law (34 OS 8(H) and 9). Art. Cannot be same as a measure at either of the two preceding biennial state elections. Circulator requirements: Must be age 18 or older and resident of Ohio (I.C. Art. Application process information: A prospective petition must be filed with the secretary of state. Art. 1953 20A-7-205; 20A-2-105). Sponsors draft summary and submit to board of state canvassers for approval. 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. 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. One of three authorized people must submit a notice of withdrawal with the secretary of state. Prepared by joint legislative budget committee staff. Sponsoring committee must file a statement of renumeration prior to circulating signatures if circulators will be paid. Application process information: Must file an exact copy as found in 34 Okl.St.Ann. 1953 20A-7-206). Art. Art. Paying per signature was held unconstitutional (Miss. Art II, 10 and Elec. These are all then submitted to the secretary of state (SDCL 12-13-25.1; 12-13-26). What is on each petition: Petition must include full and correct title and text of the law (Const. 32-630; 32-1546), Number of signatures required: For statutory initiatives, 7 % of votes cast for governor in last election. 3519.22). III, 3). Code 107, 18680. II, 1(d) and RCW 29A.72.030 and .160. An important political aim of the Progressive movement was to. General review of petition: The secretary of state reviews and if the office deems it insufficient, the committee of petitioners has 20 days to correct it (NDCC Const. Verification: The secretary of state establishes the statistical sampling method. Contributions in excess of $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. 3, 52(c) and Wyo. If the legislature does not enact the proposition, then proponents may collect the additional 5% signatures required to get the measure onto the ballot. CONST. Circulator oaths or affidavits: Yes (M.C.L.A. Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state. Legislature or other government official review: Legislature reviews the indirect statutory initiatives. Submission deadline for signatures: June 1 (Const. 1953 20A-7-202). In California (Cal.Const. Const. Const. Where to file: State Board of Election Commissioners (Const. V, 1(6) and C.R.S. Advantages. 54 42A, 53; M.G.L.A. 100.371), Fiscal review: Yes, by the Financial Impact Estimating Conference (F.S.A. 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). For constitutional amendments, a majority of voters at two consecutive elections (N.R.S. Timeline for taking effect: Thirty days after the election (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. 3, 52(e) and Wyo. 12, 2; M.C.L.A. A statement of purpose and implication, not to exceed 135 words, and yes-no statements are drafted by petitioners and reviewed and approved by the attorney general. Allowed to pay another for their signature: Prohibited (O.R.C. For statute initiatives, no later than three months prior to the election the measure is to be voted upon, and must submit to the county officials no sooner than nine months and no later than four weeks prior to the final deadline. Eighteen states require or provide for fiscal statements: Lieutenant governor provides a statement of costs. Submission deadline for signatures: Not more than 90 days after the law which is the subject of the petition has become law (Const. Between 90 and 110 %, every signature is verified (C.R.S.A. 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). Const. What is on each petition: Must follow prescribed form and include the full text of the measure, a legal warning, an affidavit, the maximum number of signatures, paper and font, spacing, and if the circulator is paid (Neb.Rev.St. Art. Twenty-three states have a popular referendum process. Art. 34-1807), Paid per signature: Ban overturned (Idaho Coalition United for Bears v. Cenarrusa, 2001), Allowed to pay another for their signature: Prohibited (I.C. Circulator oaths or affidavit required: Yes (21-A MRS 902 and 903-A). Prepared by attorney general, department of finance and the legislative analyst office. Art. Ballot title and summary: A statement of purpose and implication, not to exceed 135 words, and yes-no statements are drafted by petitioners and reviewed and approved by the attorney general. Art. Same must also be reported quarterly on April 15, July 15, Oct. 15, and Jan. 15 (NRS 294A.220). Reports of expenditures and contributions received are required quarterly in nonelection years and monthly, March through November, in election years. Legislature or other government official review: 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. Timeline for taking effect: First Tuesday after the first Monday in January following the election unless otherwise specified (F.S.A.
Advantages and disadvantages of the citizens' initiative instrument Public review or notice: Secretary of state creates pamphlet with information and arguments and publishes the measures in newspapers leading up to the election. Art. 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. Who creates petitions: Secretary of state (MCA 13-27-202). Proponents, but certified by state board of elections and reviewed by attorney general. First, the county clerks do a simple tally and the secretary of state totals these. Art. When people get a lot of signatures to get on the ballot and be voted on by citizens for a change in an old law or for the making of a new law. 1953 20A-1-201; 20A-1-203; 20A-7-206). Several states have or had statutory bans on paying circulators either per signature or in general. Public review or notice: The attorney general shall provide a 10-day public comment period after the release of draft title and explanation and revise accordingly after the comment period closes. May also post in newspaper (21-A M.R.S.A. CONST. For constitutional amendments, 8 % of the total votes cast for all candidates for governor in the last general election (OR CONST Art. File a letter with secretary of state, signed by designated representatives, no later than 60 days prior to the election. Repeal or change restrictions: None (Const. 22-24-402). V, 3; 34 Okl.St.Ann. 19, 2; Art. 5, 3; 34 Okl.St.Ann. 12, 2; M.C.L.A. In the indirect initiative process, a proposed initiative is referred to the legislature after proponents have gathered the required number of signatures. 19, 3; Nev. Rev. Electronic reports of contributions and expenditures must be filed according to a specified schedule. Code Ann. Withdrawal process of individual signature: Must do before submitted to secretary of state (NDCC, 16.1-01-09). What is on each petition: Form of the petition is prescribed by the State Board of Elections. Art. 23-17-5). 7-9-105). Application process information: Requires 25 or more must signatures as a sponsoring committee and present the complete measure to the secretary of state for approval, one of whom which must be designated as chairman of the sponsoring committee. 19, 2). Petition title and summary creation: Secretary of state (21-A MRS 901(4)). Number of signatures required: For statutes, 5 % of the total qualified electors of the state, determined by the number of votes cast for governor in the preceding general election. Public review or notice: At least seven public hearings are held on the propositions before circulation in designated regions. A referendum is defined as a general vote by a specific electorate over a specific political question. Circulator requirements: US citizen and at least 18 years of age (Wyo. Majority to pass: Sixty % majority required (F.S.A. 54, 22A, Missouri: Mo.Rev.Stat. The same ballot title and popular name that appeared on petitions (drafted by sponsors) is submitted by the secretary of state to the board of canvassers for certification. Of course, in some of the above states, timelines concerning filing, signature gathering and deadlines for signatures and the indirect initiative process may impose limits not otherwise spelled out in statute. 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. 4, 5). III, 2. Timeline for taking effect: Upon proclamation by the governor which shall be made within ten days after the official canvass of such votes (Const. Other subject restrictions: Amendments that propose a tax or fee not in place in November 1994 require a two-thirds vote to pass (F.S.A. Arkansas: Exact petition copy filed with secretary of state (A.C.A. Petitions must be submitted not less than four months prior to the next general election. Signatures in each of one-half of the 27 congressional districts of the state. Application process information: Application is filed on a form provided by the secretary of state and must contain the sponsor's name, or if an organization, the names and titles of its officers; address; intent to circulate and file a petition; a description of not more than 200 words of the principal provisions of the measure and the full text, in no less than 8-point font; and application for an official serial number. Groups must file reports detailing contributions received in excess of $100 in the aggregate and all contributions and expenditures made by the group (AS 15.13.040(b)). III, 5). Oklahoma: Secretary of state reviews and processes the petition, along with the attorney general and the supreme court. Art. Art. 250.025), Collected in-person: Yes (O.R.S. Art. Titles 16 and 19), prior to beginning any . Petitions with an incomplete or modified affidavit are invalid (Const. 6, 22), Washington (RCWA Const. Proponent financial disclosure requirements: Include but may not be limited to organizations supporting or opposing ballot measures considered political action committees and can be considered an unlimited committee, unlimited contributions to unlimited committees, and filing statements of organization and when contributions are made of greater than $1,000 (34 Okl.St.Ann. Rev. 19-102; 19-111), What is on each petition: Must follow prescribed form and summary and that it was prepared by proponents, title, that circulator is paid or not, and warning about legality of signing unofficial sheet (A.R.S. Must file quarterly reports. IV, 1). The ballot title may be distinct from the title of the law that is the subject of the petition (Utah Code 20A-7-308). Circulator oaths or affidavits: Sponsor signs affidavit, and circulators sign oath (RCWA 29A.72.010; 29A.72.120). Which election is a measure on: General election (N.R.S. Law 6-204(c)). 2, 9; Const. The Referendum is where the state legislators can deal with a problem by putting it on the ballot and letting the people vote it. Art. Geographic distribution:For constitutional amendments, signatures must be gathered from 10% of qualified electors in each of two-fifths (40) of the state's 100 legislative districts (MT CONST Art. 3, 50; Art. A petition may only be rejected if two different sampling processes determine it does not have sufficient signatures. Art. Does the law in question take effect before the referendum vote: For the purposes of the second paragraph of Const. Amend.
Direct Democracy in California: History and Functions 19, 3) and summary statement drafted by proponents (NRS 295.009). Fiscal statement is included in voter pamphlet as is other information. Ballot measure committees must also provide an initial disclosure report 15 days after the committee begins raising or spending money, with subsequent quarterly reports until the pre-election report is due. 5, 2; 34 Okl.St.Ann. A criminal records check is conducted (ORS 250.048). 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). 250.025). Repeat measures: 5 years on any measure that is "substantially the same as that defeated by" the previous measure (W.S.1977 22-24-301). What is on each petition: Petitions substantially follow the form found in U.C.A. Art. Prior to receiving a contribution or making an expenditure, a campaign must designate a treasurer by filing with the secretary of state. Does the law in question take effect before the referendum vote: In some cases, yes. Timeline for collecting signatures: Once the petition is approved and a serial number is issued, sponsors have until 5 p.m. on the 90th day after the legislature session adjourns. Art. . Florida. 295.300), Number of signatures required: Ten % of the votes cast in last general election (N.R.S. Art. Art. 3519.03; 3519.01; 3519.062). Repeal or change restrictions: A measure approved by the electors may not be repealed or amended by the legislative assembly for seven years from its effective date, except by a two-thirds vote of the members elected to each house (NDCC Const. 54, 22A). During the 14 days before the election, reports of any communication exceeding $5,000 in the aggregate are due within one business day (Rule 2.109). 21 1). IV, 1). In every state, petitions must follow guidelines, which vary by state. M.G.L.A. 5, 1 and ACA 7-9-107). This practice was first adopted by the state of Connecticut in 1818, and by the 20th century it had become the prevailing way of changing constitutions. By continuing to use this site, you consent to the terms of our cookie policy, which can be found in our. 116.060). Who creates petitions: Petition filed by proponents is certified by attorney general, ballot board, and secretary of state (O.R.C. 250.105). Must file monthly financial reports with Ethics Commission (A.C.A. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments, and popular referendum. Limited to matters that can be enacted by legislation, and no measures that interfere with the legislatures ability to direct taxation of necessary revenues. Timeline for collecting signatures: Eighten months. 3, 18), Ballot title and summary: Secretary of state and attorney general (21-A M.R.S.A. Timeline for taking effect: Thirty days after it is enacted or approved by a majority of the votes cast (OR CONST Art. Denial of certification shall be subject to judicial review (Const. Massachusetts (M.G.L.A. Seven states (Alaska, Arkansas, Colorado, New Mexico, North Dakota, Ohio and Oregon) allow sponsors extra time to gather additional signatures if the petitions submitted are insufficient. 1-40-102, 1-40-105, 1-40-106). Const. Art. 2, 10). Art. Arizona. Three% of votes cast for governor at preceding biennial state election to submit to the legislature. The first statewide election held more than 180 days after adjournment of the session during which the act was passed, Regular election (state, congressional or municipal) or a special election called by proper official or when 15% of voters petition for one. 1953 20A-7-207; 20A-7-209; 20A-6-107). No. II, 1b), Types allowed: Direct statutory and constitutional amendment initiatives, and popular referendum, Single subject rule: Yes (OK Const. 19, 3; N.R.S. Collected in-person: Yes (Neb. A petition for direct initiative that is approved by the secretary of state and submitted to the legislature must be afforded a public hearing conducted by the joint standing committee that has jurisdiction over the subject matter. For direct initiatives, 10 % of the cumulative total of all votes cast for U.S. president. Collected in-person: Yes (O.R.C. Art. 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. A recall is when a political committee petitions the electors of the state, county, city/town, or district to demand an officer be recalled based on a statement of grounds by the committee. 4, 1, Pt. 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206). Majority to pass: Yes (M.R.S.A. 19-121. Const. These requirements vary widely, most often including newspaper publication, other public displays such as posting on the internet, or public comment periods. 53 22A; M.G.L.A. Amend. For amendments, 10% of total votes cast for governor. Human Rights democracy and rule of law Democracy. The obligatory referendum was first adopted by the canton of rural Basel in 1863. 19-121), Ballot title and summary: Secretary of state, approved by attorney general (A.R.S. A committee must be formed upon the occurrence of any of the following in a calendar year: receiving $2,000 or more in contributions, , making independent expenditures totaling $1,000 or more or making contributions totaling $10,000 or more. Time period restrictions before placed on the ballot: There must be more than 180 days between the adjournment of the session during which the act was passed and the election at which it is considered (Const. Note: It is unclear whether the following language applies only to initiatives or also to referenda: 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., General appropriation laws; laws providing for the preservation of the public peace, health or safety; for the payment of the public debt or interest thereon, or the creation or funding of the same, except as in this constitution otherwise provided; for the maintenance of the public schools or state institutions; and local or special laws.
In the early 1900s, the recall, referendum, and initiative provisions Fiscal review: 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 (RCWA 29A.72.025). Paid circulators must, prior to circulating petitions, sign a statement certifying they acknowledge that it is a misdemeanor to allow signatures on a petition to be used for any purpose other than qualifying a measure for the ballot (Elec.
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