Art. 3, 4; MCA 13-27-301; 13-27-202). Art. The committees select a chair and may prepare arguments and rebuttals, which will be reviewed by the secretary of state for the ballot. If they refuse, the measure is declared insufficient and does not appear on the ballot (A.C.A. 2, 1). 3, 19). Other subject restrictions: The initiative power extends only to laws which the legislature may enact (M.C.L.A. Subject restrictions: Cannot be used on urgency statutes, statutes calling elections or statutes providing for tax levies or appropriations for current expenses of the state (Const. Art. 3, 3; NDCC, 16.1-01-09). Art. Timeline for taking effect: An act rejected by referendum is void 30 days after certification. Const. Utah: For indirect initiatives, the legislature may make technical changes only, and prepare a legislative review note and a legislative fiscal note on the law proposed by the initiative petition. Then they deliver the verified packets to the lieutenant governor. Withdrawal process of individual signature: Voter may withdraw signature by submitting to the secretary of state, before the petition is filed with the secretary of state, a sworn statement requesting that his or her signature be withdrawn and affirming the name of the petition signed, the name the voter used when signing the petition, the address of the voter and the county of residence (Mo.Rev.Stat. Art. Application process information: Must first register a political committee and submit form to Division of Elections along with text of proposed measure and form on which signatures will be affixed (F.S.A. Majority to pass: Majority and at least 35 % of the total votes cast in the entire election (Ne.Rev.St. Federal courts have invalidated payment-per-signature bans in Colorado, Idaho, Maine, Mississippi, Ohio and Washington. 19-121.01). 3, 6). Submission deadline of signatures: Sponsors must submit signatures no later than six months before the election and can only start collecting the day after the previous general election (V.A.M.S. II, 9(c)). Ballot issue committees must file reports of contributions and expenditures on or before the fourth and second Friday immediately preceding a general election and on or before the second Tuesday after a general election. Single subject rule: Yes (OR CONST Art. These serve as the ballot title. 34, 25). Art. 11 5, Idaho: I.C. *While the Colorado residency requirement for circulators was struck down in Independence Institute v. Gessler, the court upheld the requirement that a circulator present to the notary a specific type of identification. Art. Art. Rev. The use of the device gained momentum with the emergence of groups concerned with specific issues such as civil rights, abortion, capital punishment, nuclear power, tax policies, handgun control, and the environment. States also decide which election a ballot measure will be voted on and any time restrictions before a measure is placed on a ballot. Ballot title and summary: Attorney general (RCW 29A. 19, 2). Art. For indirect statute petitions, the legislature has 40 session days to pass or reject the unchanged or unamended measure. Circulator oaths or affidavit required: Yes (NRS 32-630 and -1404). 6, Gen. XVI, 4). Const. Petition title and summary creation: Secretary of state, official committee that filed and approved by attorney general (O.R.C. Art. 3. create a unicameral national legislature. 14, 3), Ballot title and summary: Proponents but certified by state board of elections and reviewed by attorney general (see 10 ILCS 5/28-5; 10 ILCS 5/16-6; 5 ILCS 20/2), Time period restrictions before placed on the ballot: Filed at least six months before the election with the secretary of state (ILCS Const. 21-A M.R.S.A. Fiscal statement is included in voter pamphlet as is other information. 353), What is on each petition: Fiscal impact statement, summary by secretary of state, name of circulator and statement on right of signer to read summary and fiscal statement before signing, and instructions from secretary of state (21-A MRSA 901, 903). Types allowed: Direct initiative for statute and constitutional amendment, and popular referendum, Single subject rule: Yes (Ne.Rev.St. Submission deadline for signatures: Not more than 60 days after the final adjournment of the session of the state legislature which passed on the bill on which the referendum is demanded (IC 34-1803). Constitution 48, Init., Pt. 5 , 1; A.C.A. If a person is recalled they are put back through an election. 23-17-60). NDCC Const. Most states require that the petition bear a title and/or summary of the proposed measure. Art. In election years, instead of biannual reports, reports are due no later than the second Monday in April, May, September and October, and no later than the Thursday before an election. To share with more than one person, separate addresses with a comma. 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. Repeat measures: Two years (MS Const. 168.471 and M.C.L.A. Withdrawal process of individual signature: File a written request including the voter's name, residence address and signature with the appropriate county elections official prior to the day the petition is filed (Elec. Fifteen % for amendments (A.R.S. Must be signed by at least 100 qualified voters as sponsors. Montana: Reviews done by attorney general and legislative services division. Laws 168.471. Art. Who can sign the petition: Qualified registered voters (Wyo. 5, 1). It has sometimes been abused by groups . II, 9(b)). If more than 105% are deemed valid, the petition is deemed valid. 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. Single subject rule: Yes (Const. Proponent organization and requirements: When first filing the petition, no more than three primary proponents must be designated (34 Okl.St.Ann. * See also: 2011 N.D. Op.Atty.Gen. 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). 12, 2). 23-17-1), Proponent organization and requirements: Statement of organization if operating financially (Miss. Application process information: No fee or application prior to circulating. Art. Time period restrictions before placed on the ballot: None. Art. In order to receive contributions or make expenditures in excess of $1,500 in a calendar year, groups must form a committee for political action and register with the secretary of state. Const. Which election is a measure on: General election (N.R.S. Timeline for collecting signatures: Signature gathering begins on a date specified by the secretary of state and cannot be less than 15 or more than 30 days from the date when all appeals and rehearings have been resolved or have expired. There is a 15-day cure period after a statement of insufficiency is issued by the secretary of state, and proponents may deliver additional signatures during this time. 48, Init., Pt. 34-1805), Geographic distribution: Six % of the qualified electors at the time of the last general election in each of at least 18 legislative districts, out of 35 total districts (I.C. Citizens come up with and vote on their own laws Pros: 1. V, 3; 34 Okl.St.Ann. Circulator requirements: US citizen and at least 18 years of age (Wyo. 21-A, ch. Withdrawal of petition: One of three authorized people must submit a notice of withdrawal with the secretary of state (N.R.S. 19-123 and A.R.S. What is the difference between referendum and initiative. Circulator oaths or affidavit required: Yes (Utah Code 20A-7-303(3)). If the referendum question gains enough "yes" votes, then . 48, Init., Pt. Rule 2.79; Oklahoma Ethics Commission's Guide for Political Action Committees). Const. Oregon: The Citizens' Initiative Review Commission reviews measures and may create a citizen panel to review specific items. Types allowed: Initiative for constitutional amendments only, Single subject rule: Yes (F.S.A. In election years, instead of biannual reports, reports are due no later than the second Monday in April, May, September and October, and no later than the Thursday before an election. 4, Pt. Reports of contributions and expenditures are due quarterly in calendar years without elections. 4, Pt. 3519.01; 3519.02; 3513.10). 22-24-416). Political recall efforts in Virginia result in a circuit court trial instead of an. Taken together, they are called the politics of direct action. 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)). Through these processes, voters can adopt a change in law (an initiative), disapprove a law passed by the Legislature (a referendum), or remove an elected official from office (a recall). 67-6602, 67-6607). 5, 1). 12; 25). For statutes, the legislature may amend at any legislative session (U.C.A. Fiscal review: The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the secretary of state, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau (N.R.S. St. 32-1405). 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). She collects 500 signatures so that the city council will vote on it.This is an example of? 5 1; 7-9-122), Maine (M.R.S.A. (Const. Withdrawal process of individual signature: By crossing out his or her own signature at any time prior to the time when the petition is presented to the county clerk for signature verification, or at any time after presentation of the petition to the county clerk but prior to verification of the signature, by presenting in writing or submitting electronically to the county clerk a signed statement that the signer desires to have his name removed from the petition. Proponent financial disclosure requirements: Political committees must file a statement of organization (NMSA 1-19-26.1). Who can sign the petition: Electors of the state (Const. Law 6-201 and -202, Massachusetts: Const. M.G.L.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). 901, 906; 1 M.R.S.A. II, 1a; 1b). The secretary of state is prohibited by law from accepting for filing any referendum petition which interferes with the legislative prerogative contained in the Constitution of Nebraska that the necessary revenue of the state and its governmental subdivisions shall be raised by taxation in the manner as the legislature may direct. Depending on the nature of the particular plebiscite, the result may be binding or it may be only advisory. Types allowed: Indirect initiative for constitutional amendments, NOTE:In 2021, the Mississippi Supreme Court. . Proponent financial disclosure requirements: Must obtain a petition entity license before circulating petitions or paying circulators (CRS 1-40-135(2)). Which election: Next succeeding election at which the question may be voted upon by the voters of the entire state (Const. Registration is required before making an expenditure for or against a ballot measure. Art. Ballot title and summary: Director of elections, with approval of state board of canvassers, drafts a statement of purpose of not more than 100 words for the ballot (MCL 168.32(2)). Who creates petitions: Secretary of state creates templates, including cover and signature sheets (O.R.S. 19, 1 and NRS 293.127563). Seven states impose explicit limits for how much time must pass before a measure is re-attempted, ranging from 12 months to five years: M.G.L.A. Const. a vote on a measure so submitted. Must file quarterly reports. Art. 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). III, 5). From three-fourths of house districts of the state with signatures from each district equaling at least 7% of the total votes from preceding general election. Art. 23-17-41). Art. 53 7. Art. Art II, 10 and Elec. 1-40-106; 1-40-107; 1-40-108. 250.045; 250.067; 250.035; 250.036; 250.075). The obligatory referendum was first adopted by the canton of rural Basel in 1863. 19, 2), Repeal or change restrictions: No amendment or repeal by the legislature within three years of enactment (N.R.S. 7-9-404; 406; 407; 408; 409). Application process information: Original draft of petition must be submitted to secretary of state before circulating, including a suggested popular name; secretary of state approves and certifies both or disproves and specifies each deficiency (NMSA 1-17-8). Where to file: Lieutenant governor (Const. 2, 24). Art. 5, 1). 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. Time period restrictions before placed on the ballot: There must be at least 60 days between submission of the petition and the election (Const. For statutes: If not passed by the legislature within 40 days, it is placed on the next general election's ballot. To do this, petitions have to be signed by a certain portion of the electorate, or voters. Timeline for taking effect: Thirty days after the official declaration of the vote unless provided otherwise in the measure (Mississippi Const. Does the law in question take effect before the referendum vote: In some cases, yes. Question 3. Art. What would happen if the US had direct democracy Quora. What is on each petition: Petition format is addressed in Mo.Rev.Stat. 22-24-413). 168.544c). Application process information: File an exact printed copy of petition as it will be used for signature gathering (A.C.A. 23-17-17; 23-17-19, Montana: MCA 13-27-201; 13-27-202; 13-27-204; 13-27-207, Nebraska: Neb.Rev.St. ", Miss. The secretary of state consults with the legislative counsel for any technical suggestions, which will be posted to the secretary's website. Initiative, Referendum, and Recall Applications for the 2024 Election Cycle. Code Ann. II, 1g). Petitions are deemed invalid if signatures are gathered in violation (ORC 3501.381). Skip over the Blank Pages below! 19, 2; N.R.S. Get started for free! 293.1276 to 293.1279). Public review or notice: The secretary of state also furnishes an information pamphlet with the title, fiscal statement if applicable, its complete text, the form in which it'll appear on the ballot, arguments for and against it, and rebuttal arguments, and will publish notices in newspaper (MCA 13-27-401; 13-27-402; 13-27-410; 13-27-311). 6, 22), Other Subject restrictions: No restrictions (See U.C.A. Attorney general drafts summary for ballot (A.C.A. 1051, 1052, 1052-A, 1053-B, 1054, 1054-A, 1055, 1055-A, 1056, 1056-A, 1056-B, 1057, 1058, 1059, 1060, 1062-A, 1062-B, Massachusetts: M.G.L.A. Ballot title and summary: The board of state canvassers (M.C.L.A. 116.130). III, 2. 116.110) to the simple crossing out of ones name in Idaho (I.C. Must include the names, addresses and signatures of at least 25 electors as sponsors and the full text of the measure (Const. 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. Some states place restrictions on how sponsors may pay petition circulators. Which election is a measure on: General election (SDCL 2-1-17). Secretary of state may send petition pages to election authorities for verification. In an example we calculated the variance and standard deviation for Location 1 of Gilotti's Pizzeria restaurants. 3519.03; 3519.01; 3519.062; 3505.063). Timeline for collecting signatures: Unlimited, but if number of filed signatures is deemed insufficient, sponsors have 30 days to collect more (A.C.A. And no measure that names an individual to hold office or names private corporation to perform any function. Art. III, 3); next general election after the petition is regularly and legally filed with the secretary of state (NRS 32-1411). The popular referendum allows voters to approve or repeal an act of the Legislature. 3, 17(1)). Filing must include the description of the effect of the measure, the sponsor's name and signature (NRS 295.015). Allowed to pay another for their signature: Prohibited (NDCC 16.1-01-12). Proponents then file the measure with the secretary of state (I.C. 116.332). 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. Repeat measures: May only be attempted once every three years (Ne.Rev.St. In 1911, California voters approved the constitutional processes of initiative, referendum, and recall. Circulator oaths or affidavits: Yes (Ark. 3, 2; NDCC, 16.1-01-17). 116.320). Geographic distribution: 3% of the votes cast for the office of governor in the last election in half of the counties each (OH Const. Art. 23-17-1; 23-17-3). If such activity occurs within 30 days of an election, a statement must be filed within 48 hours. Circulator requirements: Must be 18 or older, registered with the secretary of state, and cannot have been convicted or pled guilty to forgery crimes (V.A.M.S. Both the initiative and the referendum originated in Switzerland in the first half of the 19th century. Art. 250.045). Art. Secretary of state, in consultation with attorney general, OH Const. General review of petition: Upon request, any agency in the executive department shall assist in reviewing and preparing comments on the petition (C.R.S.A. Must report contributions received if more than$20 and all expenditures quarterly in off-election years, on the first Monday in May and every two weeks thereafter before the primary election, on the first day of each month beginning with the sixth full month before a major election, on the first Monday in September and on each Monday every two weeks thereafter before the major election, and 30 days after the major election. Art. art. St. 32-1410), Time period restrictions before placed on the ballot: Four months prior to the general election (Neb. 34-1809). 3519.08). 3517.01, .08, .10, .11, 12, .13, .20, .092, .093, .102, .105; O.H.R. Art. Prepared by the Financial Impact Estimating Conference. IV, 1b). They must also designate a committee of five to represent the proponents (O.R.C. 116.080). Stat. Code 84200). For direct initiatives, 10 % of the cumulative total of all votes cast for U.S. president. d. laws enacted by state legislatures. Art. 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). General election, while petitions cannot be filed more than 65 days before the deadline. Number of signatures required: 5% of total votes cast for governor at last election (OK Const. Referendum. The descriptive title, which is printed below the official title on the ballot, is written by the secretary of state with the approval of the attorney general. The official title of the bill that is subject to the referendum appears on the ballot. 15, 273; Miss. III, 52(a) and Mo.Rev.Stat. Who can sign the petition: Electors (Const. No signatures may be obtained prior to 24 months before the general elections that it is to be voted upon, and signatures must be filed one year prior to the election (SDCL 2-1-1.2). General review of petition: The secretary of state will appoint two, three-person committees, one for and one against the measure. Next statewide or general election, whichever comes first that is not less than 60 days after the petition is submitted, At the next ensuing election held throughout the state for members of the U.S. House of Representatives. Committee must create a "top funders sheet" that is included as part of the petition (Elec. 23-17-57; Term Limits Leadership Council v. Clark, 1997). Rev. Fiscal review: State auditor prepares, and proponents may submit proposed review (V.A.M.S. Art. Art. 54 53. Secretary of state and attorney general jointly make a more descriptive ballot question summary to be sent to voters. Art. Art. 7-9-105). IV, 1, Pt. However, voters submit two preferences: (1) to approve or reject both measures and (2) deciding between the measures. Arizona. States sometimes limit how soon a measure can be re-attempted. Who can sign the petition: Qualified voters (Const. 14, 3), Majority to pass: Three-fifths of those voting on the amendment itself or a majority of those voting in the election (ILCS Const. Art. 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. Submission deadline for signatures: Petitions must be filed within 90 days after the legislature at which the act sought to be referred was passed shall have adjourned sine die or for more than ninety days (Const. Code Ann. 7-9-114). II, 1g; Art. 2, 3), Proponent organization and requirements: Names and residences of first 10 signers in application appear on the ballot with the summary (M.G.L.A. 5, 1; A.C.A. Withdrawal process of individual signature: Signer or attorney of the signer may remove a signature before official filing (O.R.C. Cure period for insufficient signatures: Upon notice that the petition was improperly filed, sponsors may amend and correct the petition by circulating and filing a supplementary petition within 10 days of the date that notice was given if 90 days have not expired after the adjournment of the legislative session in which the act was passed (AS 15.45.400).

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