Paid per signature: No ban found. 54, 53). Timeline for taking effect: When approved by a majority of voters (Const. Proponent financial disclosure requirements: Include but may not be limited to a ballot question committee filing campaign statements, filing the 16th day before the election to the 11th day before the election, a postelection campaign statement, fines if failure to file properly, advertising guidelines (M.C.L.A. The same title drafted by the title board in the pre-qualification is used on the ballot. 3, 52). 16, 6; N.R.S. Where to file: Secretary of state (Const. In 2021, Idaho passed, Collected in-person: Yes (I.C. 4, 1, Pt. St. 32-1407), Which election is a measure on: Next general election at least four months after filing the signatures (Neb. 48, Init., Pt. II, 1b and 1g; O.R.C. Types Allowed: Indirect initiative for statutes, and popular referendum. IV, 1). 19, 2; American Civil Liberties Union of Nevada v. Loma [2006]; N.R.S. XLVII, Pt. 55, 22). Thirteen states require a voter pamphlet or booklet, usually mailed to every voter or household: Arizona, Colorado, Idaho, Illinois, Maine, Massachusetts, Mississippi, Montana, Nebraska, Oregon, South Dakota, Utah and Washington. Art. Const. Cannot in the last five years have been convicted of a crime involving fraud, forgery or identification theft or subject to a civil penalty due to an election offense. 21 1 and A.R.S. These serve as the ballot title. 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. Const. 6, Gen. 130.021). A statement of 100 words or less by secretary of administration and finance regarding fiscal consequences of the measure. LXXXI, 4). 5, 1), and 60 percent of voters in Florida (F.S.A. States vary a great deal in how they verify collected signatures. Any person who pays or receives compensation to circulate a referendum petition must file a statement to that effect with the secretary of state before circulation begins. Where to file: Lieutenant governor (Utah Code 20A-7-302). The secretary of state is directed to prescribe a form for this process (MCA 13-27-301(3)). 22-24-408 and -410). Ballot title and summary: Proponents submit descriptive ballot title that is reviewed by attorney general (34 Okl.St.Ann. Timeline for taking effect: An act that is rejected is repealed effective the date the result of the canvass is filed by the secretary of state. 19-123 and A.R.S. 250.045; 250.048). XI, 6 and AS 15.45.440). Recall is the ability as a citizen to petition for a re-vote of an elected official who is believed to be ineffective. Must include the title and effective date of the referred law, the date of the general election at which it is to be referred. 5, 11; Art. Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. 293.250). Vote requirement for passage: Majority (IC 34-1803). 19, 2), Types allowed: Direct initiative for statutes and constitutional amendments, and popular referendum. Timeline for taking effect: Thirty days after the election at which it was approved (Const. Circulator requirements: Must be qualified to register to vote pursuant to 16-101. 19, 3; N.R.S. 5 1). II, 1g; Art. Petition title and summary creation: Secretary of state provides serial number, and attorney general writes a title posed as a question and summary (Miss. Verification: The election commissioner or county clerk compares each signer's information to that of voter registration records to verify that they were registered voters when they signed and verify all other information (Neb. Allowed to pay another for their signature: Prohibited (Const. Art. Art. 3, 50; V.A.M.S. California. 2, 4, Pt. II, 1c). Lieutenant governor with assistance from attorney general, Secretary of state, approved by attorney general, Ark. III, 3). The filing procedure described in statute does not appear to apply to referendum petitions, every initiative petition for a proposed law or amendment to the state constitution (CRS 1-40-105). Must register organization (5 ILCS 20, 10 ILCS 5/28-9). (MGL ch. What is on each petition: Sponsors create petitions pursuant to guidelines in statute. Art. 24-22-403). 250.015; 250.052). Const. 5, 1). 48, Init., Pt. 53 7. Const. Six states prohibit sponsors from paying circulators on a per-signature basis. Does the law in question take effect before the referendum vote: The submission of a petition suspends the operation of any act except emergency measures and appropriation measures for the support and maintenance of state departments and institutions (Const. 2). General election, or at a special election ordered by the general assembly. Art. The ballot must include a clear and concise statement as to the effect of a yes or no vote. Code 107, 18680. 3, 50), Other subject restrictions: No appropriations or other new revenues not provided for in the measure (V.A.M.S. Art. Const. Where to file: secretary of state (Const. 116.320). In some states, the question is worded such that a yes vote is in favor of the law subject to referendum, while in others, a yes vote is in favor of repealing the law that is the subject of the referendum. Stat. The use of the initiative and referendum (I&R) process has ebbed and flowed throughout U.S. history. 116.030). (Const. For constitutional amendments, signatures must be gathered from at least 2% of the total registered electors in each state senate district.*. IV, 1). 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 acts passage, and the time for filing the additional required signatures is extended another 30 days. Art. Art. 2, 9; Const. Less than 95 % accurate fails the petition, greater than 110 % qualifies, and between requires a check of every signature (Cal.Elec.Code 9030, 9031, 9033; Cal.Admin.Code 20530, 20531, 20532, 2054). 5, 1), Timeline for taking effect: Thirty days after the election unless otherwise specified in the act (Ark. Const. Ballot title and summary: The secretary of state and the attorney general also jointly make a more descriptive ballot question summary to be sent to voters. 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. 16, 6; N.R.S. 1953 20A-7-203 and include notice to signers, date, room for signatures, title of the initiative, the fiscal impact statement, a warning, language about a tax increase if applicable, and signed verification by the circulator (U.C.A. 6), Allowed to pay another for their signature: Likely prohibition on the use of public funds (26 Okl.St.Ann. No. Art. Does the law in question take effect before the referendum vote: No act, law or bill subject to referendum shall take effect until 90 days after the adjournment of the session at which it was enacted (Const. Both the referendum and the initiative were adopted in the United States under the leadership of groups hostile to machine politics or those convinced that government was generally insensitive to the popular will. Other subject restrictions: May not repeal/modify the state's Bill of Rights, amend/repeal provisions relating to the state's public employees' retirement system, amend/repeal right-to-work provision, or modify the initiative process, and special rules if includes expenditures (MS Const. Circulator oaths or affidavit required: Yes (Const. 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. M.G.L.A. Art. 3519.05; 3501.38). Art. Administrative rules 5:02:08:09 and 5:02:08:07.02 require that circulators sign affidavit as well. 3, 1; SDCL 2-1-6). 5, 2; 34 Okl.St.Ann. May not repeal/modify the state's Bill of Rights, amend/repeal provisions relating to the state's public employees' retirement system, amend/repeal right-to-work provision or modify the initiative process, and special rules if includes expenditures. Art. Must file statement of organization as a PAC upon receiving contributions or making expenditures in any combination of at least $1,000 in connection with an election. 74. Application process information: A petition requesting a referendum and suspension of the law must be signed by ten qualified voters and filed not more than 30 days after the law that is the subject of the petition has become law (Const. In each of two-thirds of the congressional districts, and each petition page must only contain signatures from a singular county. Const. 8). 21 1; A.R.S. II, 1 (b) and RCW 29A. Const. Ten % for amendments (Ark. Const. Circulator requirements: At least 18 years old and a qualified elector (34 Okl.St.Ann. LXXIV, 2 and MGL ch. V, 1(3)). 3, 52(e) and Wyo. 902) concisely require the counting and verification of signatures, without detailed guidance. 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. Seventeen states have subject matter limitations other than the single-subject rule: Dedicate revenue, repeal appropriations, create courts, define court rules or jurisdictions, or enact local or special legislation. Who can sign the petition: Qualified electors of the state (34 OS 23). Of the 24 states, 18 allow initiatives to propose constitutional amendments and 21 states allow initiatives to . Art. Verification: Submitted to local registrars of each signer two weeks before submission to secretary of state, who establishes regulations to verify. 4, 1, Pt. Rev. Art. Six states do not have a law governing conflicting measures: Florida, Illinois, Montana, Oregon, South Dakota and Wyoming. Art. 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. Disclosure of advertisements is required (ARS 19-925). 116.334), What is on each petition: Full text of the measure, all language that the measure removes and all new language, warning, county, affidavit, notary public seal, all in form prescribed (V.A.M.S. Art. 48, Init., Pt. 168.32). 100.371). Circulator oaths or affidavit required: Yes (34 OS 6). Referendum and initiative | Definition, Forms, History, & Facts Other subject restrictions: Cannot require an expenditure of money unless a sufficient tax is provided (N.R.S. 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. 130.046). The title may be different from the legislative title, but in all cases the legislative title shall be sufficient. Amendments that propose a tax or fee not in place in November 1994 require a two-thirds vote to pass. Stat. 2, 8). Time period restrictions before placed on the ballot: None. 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. These serve as the petition title (MCA 13-27-312). These guidelines may include an application process, registering a certain number of sponsors, submitting the full text and an explanation of the measure, affidavits, the office or offices to file with, registering a proponent or opposition organization, campaign finance issues and the process for withdrawing an initiative. For constitutional amendments, from 44 of 88 counties, signatures from 5% of the votes cast for governor in each county in the previous election. 2; 21 Okl.St.Ann. 19-121), Which election is a measure on: Next general election after filing (A.R.S. Within three days of making an expenditure or receiving a contribution, a political committee must file a statement of organization and designate a treasurer. Michigans constitution explicitly grants the legislature the power to amend laws approved by the people by referendum at any time (Const. All citizen initiatives require the collection of a certain number of signatures, although states vary in the number of signatures and the baseline used to determine that number. Every state requires or offers some type of review in addition to fiscal statements. II, 1). Submission deadline for signatures: Within 90 days after the adjournment of the legislative session in which the act was passed (AS 15.45.370(2)). Art. 5, 1). If they are passed there, they become law without the need for a popular vote. May also post in newspaper (21-A M.R.S.A. However, voters submit two preferences: (1) to approve or reject both measures and (2) deciding between the measures. Art. 2, 10). Fiscal review: Governor's Office of Management and Budget conducts an estimate (U.C.A. Verification: Random sample of at least 5 % or at least 4,000 signatures. and more. Initiative. Arguments for and against are prepared by committees with members appointed first by the secretary of state, the senate's presiding office, and the house's presiding officer. Legislature or other government official review: Upon request, the legislative service office or any agency in the executive department shall render assistance in reviewing and preparing comments on the proposed bill. Art. 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. XVI, 1; Art. No more than one-quarter of signatures may come from a single county, 5% in each of two-thirds of the congressional districts, 5% of the vote cast for governor at the preceding election from at least one-third of legislative districts, Neb. Const. Democracy Definition Examples Cases Processes. Art. Submission deadline of signatures: May 1 in the year of the election that the initiative will appear on, or 18 months from the date the petitioner receives the official ballot title from the secretary of state, whichever is earlier. Verification: Lieutenant governor verifies the total number of signatures and qualification of the signers, and that there are sufficient signers who are resident in three-fourths of the house districts (AS 15.45.160). Const. Some states have what's called an indirect initiative process.
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