referendum and initiative, electoral devices by which voters may express their wishes with regard to government policy or proposed legislation. b. increases partisan divisions in government. Cal.Elec.Code 9014; 9016; Cal.Const. c. business and professional groups. 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)). avoiding campaign finance laws? Art. Updates? 3, 50), Other subject restrictions: No appropriations or other new revenues not provided for in the measure (V.A.M.S. Const. Six states prohibit sponsors from paying circulators on a per-signature basis. 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). 3519.07, Oregon: O.R.S. Art. Petition sponsors may not gather signatures without first forming a ballot issue committee. c. funny money. Art. List the factors that affect the success of a Referendum? 2, Sec. Art. 295.055; 295.009). Proponent financial disclosure requirements: 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. The board may certify them, or if it finds they are misleading or confusing, may refuse to certify them. 2, 8; Cal.Elec.Code 9016. 2, 10). 1b), Repeal or change restrictions: No veto by the governor (OH Const. Verification: The secretary of state establishes the statistical sampling method. Which election is a measure on: General election (F.S.A. Verification: County officials conduct raw count, and then a random sample is taken of 500 signatures or 3 % of each countys total for accuracy. Alaska: Lieutenant governor reviews within 60 days of receiving (AS 15.45.150). d. Kennedy's aggressive use of push polls, especially in the Northeast. Otherwise, they may submit an alternative measure. Montana, Nebraska and New Mexico have two signature thresholds: The first is sufficient to trigger a referendum vote, and the second, higher amount triggers a referendum vote and also suspends operation of the law in question until the election. Number of signatures required: For statutory initiatives, 2 % of the residential population according the last federal decennial census. Repeal or change restrictions: None (Const. 116.110) to the simple crossing out of ones name in Idaho (I.C. 901 and 1 M.R.S.A. 18). Proponent organization and requirements: The cover of an initiative or referendum petition shall designate the name and residence address of not more than three persons as chief petitioners (ORS 250.045(6)). 8; 9). Const. I consent to the use of following cookies: Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. 1953 20A-7-202; U.C.A. 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. 2023. 19, 1), Proponent organization and requirements: Must file any PACs formed to advance the measure and authorize no more than three people to withdraw or amend the petition (N.R.S. This site uses different types of cookies. 15, 273 and Miss. Rev. Legislature reviews the indirect statutory initiatives. Application process information: Submit filing fee and a petition signed by 1,000 voters to the attorney general, with a summary and complete copy of the measure. A political committee must have a treasurer before receiving contributions or making expenditures. What is on each petition: The format of the petition may be submitted to the chief election official of the appropriate election authority, in advance of filing the petition, for a determination of its sufficiency (Elec. Who can sign the petition: Legal voters (Const. b. is protected absolutely by the First Amendment, according to the Supreme Court. b. group redistricting. Art. Const. Original geographical requirement found unconstitutional. 1953 20A-7-202). In the others, the measure goes directly to the ballot after it is submitted to the legislature. a. 23 states allow for citizens to initiate popular referendums, and one territory, the U.S. Virgin Islands. The referendum process allows citizens to refer a law that passed the legislature to the ballot for voters to decide whether to uphold or repeal the law. Proponent organization and requirements: Must file as political committee (F.S.A. Art. 34-1802). II, 9). The increase in any such appropriation for maintaining or aiding any public institution shall only take effect as in the case of other laws, and such increase or any part thereof specified in the petition, may be referred to a vote of the people upon petition (Const. Timeline for taking effect: For indirect initiatives, 60 days after the adjournment of the legislative session that passed it. Then they deliver the verified packets to the lieutenant governor. IV, pt. 19-101(A), Maryland: Const. Colorado: Upon request, any agency in the executive department shall assist in reviewing and preparing comments on the petition. Single subject rule: Yes (OR CONST Art. For an act passed less than 45 days before June 1, the first third of the required number of signatures must be submitted within 30 days of the act's passage, and the time for filing the additional required signatures is extended another 30 days (Const. Who can sign the petition: Registered voters (Const. Stat. Campaign consultants do all of the following except 293.1276 to 293.1279). Oregon: The Citizens' Initiative Review Commission reviews measures and may create a citizen panel to review specific items. a. two 7-9-104). 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)). 14, 9). V, 1(3)). Art. Several states require two officials to write or review the title and/or summary, given their importance to a ballot measure. Verification: For each signature, county clerk verifies if the person is a registered voter (Utah Code 20A-7-306(3) and -306.3). Colorado and Nevada require a simple majority for statutory measures only. Constitution 48, Init., Pt. Circulator requirements: U.S. citizens, 18 years of age or older and a resident of the state as determined by AS 15.05.020 (AS 15.45.335). 12, 2). It fails to qualify if under 90% and qualifies if at least 100%. A Bill must be passed by both houses of Parliament for a Referendum to be put to the people. 295.056). Ballot title and summary: The official title of the bill that is subject to the referendum appears on the ballot. What is on each petition: Petition must include the full text of the measure, the affidavit of the circulator (Const. 2, 8). Partisan loyalty is likely to be highest in the election of Art. Types allowed: Direction and indirect initiatives for statutes, and popular referendum, Single subject rule: Yes (RCWA Const. The result that is produced when voters cast a ballot for the president and then automatically vote for the Initiative and referendum - Ballotpedia II, 9). 5, 11; Art. 3501.38), North Dakota (ND Cent. May amend the initiative with three-fourths vote, but may only amend to further the purpose of the measure. M.G.L.A. 19-121. For indirect initiatives, about nine months (proposed measure submitted within 10 months of the session it is to be submitted at with a deadline of 10 days before the session) (RCWA 29A.72.030). Art. IV, 1(4)). Which election is a measure on: Next general election held at least 131 days after signatures are certified. XI, 6 and AS 15.45.440). Who can sign the petition: Legal, registered voters (V.A.M.S. The requirements for an election with statewide ballot measures vary greatly by state. Art. IV, 1). Circulator requirements: Must be age 18 or older, registered with secretary of state and signed affidavit (A.R.S. a. a press junket. Const. Verification: Verification method not specified, but "In considering the sufficiency of a referendum petition the burden of proving that all signatures appearing on the page are genuine and that the signers are qualified electors of the county named on the page and are in all respects entitled to sign the petition shall be upon the sponsors of the petition, if it is apparent beyond a reasonable doubt to the secretary of state that twenty percent or more of the signatures on any one page thereof are fictitious, forged or otherwise clouded, or that the challenged petitioners were ineligible to sign the petition, which fact was known or could have been ascertained by the exercise of reasonable diligence on the part of the person soliciting the signatures on that page" (NMSA 1-17-11). Number of signatures required: 4% of the votes cast for all candidates for governor at the last election (Const. Art. Circulator requirements: Must just be at least 18 years old (N.R.S. Marketing cookies are used to track visitors across websites. c. energy producers Majority to pass: Yes (OK Const. Other requirements may include a legal warning, a statement that the petition circulator is paid, a summary of the proposed measure, the full text of the measure, the county or district where the signature was collected and more. constitutional? 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). Paid per signature: Cannot be paid based on the number of signatures collected, but can be paid in general as long as disclosing with the secretary of state prior to collecting signatures (NDCC, 16.1-01-12; Initiative and Referendum Institute v. Jaeger, 2001). To place amendment on ballot, legislature must pass resolution with three-fifths majority (F.S.A. III, 52(a)). Ballot title and summary: Submitted to Board of Election Commissioners and then certified to the secretary of state (Ark. Art. Application process information: A sample sheet is submitted to the secretary of state before petitions may be circulated. Submission deadline for signatures: No later than six months after the adjournment of the legislature which passed the act (Const. Art. XVI, 1; Art. Allowed to pay another for their signature: Prohibited (W.S.1977 22-24-323). Subject restrictions: May not be used for laws necessary for the immediate preservation of the public peace, health or safety, and laws making appropriations for the current expenses of the state government, for the maintenance of state institutions and for the support of public schools (Const. 1967 Referendum The first question sought to break the nexus that existed between the number of Senators and Members of the House of Representatives in order to permit an increase in the number of Members without increasing the number of Senators. Application process information: Any legal voter of the state may file with the secretary of state a legible copy of the part of such act on which a referendum is desired, an affidavit that the sponsor is a registered voter and a filing fee in an amount to be established by the secretary of state (RCW 29A.72.010). For indirect initiatives submitted to the legislature, 4% of the number of active voters in the state on Jan. 1 immediately following the last regular general election. Fiscal review: Governor's Office of Management and Budget conducts an estimate (U.C.A. Const. Petitions must be submitted by 5 p.m. on or before the 90th day after the recess of the legislature, or if the 90th day is a weekend or holiday, by 5 p.m. on the preceding day that is not a weekend or holiday. General election unless the legislature orders a special election. 48, Init., Pt. Circulator requirements: 18 years old and a resident of South Dakota; no registered sex offender may circulate a petition unless the person is in the employ of and under the immediate supervision of another person and under circumstances with preclude any contact with children (SDCL 12-1-32 through -34). At a party convention, when an entire state delegation votes for the single candidate supported by the Vote requirement for passage: Majority (Const. Proponents may suggest title (OH Const. Art. Lesson 7 Flashcards | Chegg.com Art. Const. 1953 20A-7-208; 20A-7-702). Either way, the measure is put before the people (MS Const. 2, 2; see also M.G.L.A. States with popular referendums (23): Alaska, Arizona, Arkansas, California, Colorado, Idaho, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington Wyoming. Code Ann. For constitutional amendments, 10% of votes cast for governor in last election. 1-40-109). The two samples must total at least 5 % of the signatures submitted. Cure period for insufficient signatures: If a petition is insufficient, a period of 20 days is allowed for correction (Const. III, 8). These requirements vary widely, most often including newspaper publication, other public displays such as posting on the internet, or public comment periods. 3, 18). 3, 52(g) and Wyo. Proponent financial disclosure requirements: In order to receive contributions or make expenditures in excess of $1,500 in a calendar year, must form a committee for political action and register with the secretary of state (NRS 294A.230). Where to file: Secretary of state (Const. Art. 21 1; A.R.S. 15, Sec. Submission deadline of signatures: For direct initiatives, April 15 immediately before the next general election (U.C.A. Where to file: Secretary of state (SDCL 2-1-3.1). 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. Nebraska: The revisor of statutes reviews and recommends revisions with respect to form and draftsmanship. Art. 100.371), Fiscal review: Yes, by the Financial Impact Estimating Conference (F.S.A. General review of petition: Reviewed by attorney general and Ohio ballot board, which also writes pro or con statements if not supplied (OH Const. Governor may call a special statewide election for the measure. If there are insufficient state funds and the measure does not provide a source, it is effective 45 days after next regular legislative session. 8). 2003-2023 Chegg Inc. All rights reserved. 3, 50; V.A.M.S. 23-17-7; 23-17-9; 23-17-15, Proponents, approved or rewritten by attorney general, Proponent, with possibility of being amended by statute, Secretary of state and approved by the attorney general. Art. 16. Submission deadline of signatures: At least 30 days before Feb. 1 of the year of the general election that the measure is to be voted upon (F.S.A. Proponent organization and requirements: Primary sponsors file names with secretary of state, and a principal circulator is listed (Neb. 1-40-106). Who creates petitions: Sponsors are required to submit a sample petition to the secretary of state. Petition sponsors may not gather signatures without first forming a ballot issue committee (Elec. II, 9). II, 9). 54 53). 1-40-116). 15, 273; Miss. Referendums usually take place on election voting days. A referendum is a process for constitutional change in which proposal is voted on by the public. 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. 11 5). 22-24-412). Petition title and summary creation: Written by sponsors, approved by attorney general (Const. 905-A; M.R.S.A. Code 107). 5, 1), Single subject rule: Yes (Cal.Const. In Nevada, a constitutional amendment needs only a majority but must be approved in two consecutive elections (N.R.S. Outer page of petition pamphlet includes warning to signers. Petition title and summary creation: Attorney general (Cal.Const. 23-17-17; 23-17-19, Montana: MCA 13-27-201; 13-27-202; 13-27-204; 13-27-207, Nebraska: Neb.Rev.St. 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. II, 1(c)). A post-election report is due by Jan. 7. Application process information: Application form will be prescribed by the secretary of state. Ballot title and summary: Proponents submit descriptive ballot title that is reviewed by attorney general (34 Okl.St.Ann. Art. Art. The most common requirements: that they be at least 18 years old, a citizen, a registered voter and/or a resident of the state. 19-123 and A.R.S. Const. 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. Art. Submission deadline for signatures: 90 days after the final adjournment of the session in which it was passed, except when a recess or adjournment shall be taken temporarily for a longer period than 90 days, in which case such petition shall be filed not later than 90 days after such recess or temporary adjournment (Const. Ninety days from the date marking the beginning circulation for collection, as set by the secretary of state after public posting and chance for protest, and a deadline of 90 days from the official set date from the secretary of state. IV, 1). Legislature or other government official review: General assembly members opposing the amendment may prepare or designate others to prepare a brief argument against such amendment, submitted to attorney general (5 ILCS 20/2). Lieutenant governor with assistance from attorney general, Secretary of state, approved by attorney general, Ark. Nebraska: not less than 35% (Const. In 2021, Idaho passed, Collected in-person: Yes (I.C.
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