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. Allowed to pay another for their signature: Prohibited (21-A MRS 904-B). 22-24-408 and -410). The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. 5, 1), Repeal or change restrictions: No veto by governor, and two-thirds vote by legislature may amend or repeal (Ark. 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. Const. In the indirect initiative process, a proposed initiative is referred to the legislature after proponents have gathered the required number of signatures. Who can sign the petition: Qualified electors and every person who is a qualified voter (Const. Formal processes vary greatly, such as the requirement of a formal sworn statement in Missouri (V.A.M.S. Where to file: Secretary of state (Const. 23-17-57), Number of signatures required: Twelve % of the total votes cast in the last gubernatorial race for governor (MS Const. XLVII, Pt. Petition title and summary creation: Attorney general (I.C. 5, 2; M.G.L.A. 5, 1; Amend. Denial of certification shall be subject to judicial review (Const. II, 1b). Fifteen% of those residing in at least two-thirds of the counties of the state, as determined by those who voted in the preceding general election in that county. Eighteen states require proponents to file application materials with the states secretary of state: Two states require proponents to file application materials with the lieutenant governor: Five states require proponents to file application materials with the attorney general: Four states require filing with another entity: None listed, but must register organization with board of elections. 169.234; 169.247). Seventeen states have at least one government official draft or review the petition title and/or summary, while proponents draft this language in nine states. 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. Two official representatives of the proponents must attend all petition review meetings. There must also be a five-person committee of those who favor rejection, comprised of individuals appointed by the governor, attorney general, president of the senate and speaker of the housethe fifth member is appointed by the four previous members. Timeline for taking effect: The first day of July after the completion of the official canvass (SDCL 2-1-12). 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). 100.371). Repeal or change restrictions: Governor may not veto (MT CONST Art. 72.130). Circulator oaths or affidavit required: Yes (Const. Withdrawal of petition: The chief petitioners may withdraw at any time before submitting the total number of signatures for verification. Therefore, rules restricting the ability to change or repeal measures apply to statutory measures, which are available in 21 states. Art. Subject restrictions: The power of referendum does not extend to acts making appropriations for state institutions or to meet deficiencies in state funds (Const. Art. Amend. When formed as a ballot question committee, it must file campaign statements and other forms with the Nebraska Accountability and Disclosure Commission, all on a set timeline (NRS 49-1401). Fiscal review: The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. Art. Legislature or other government official review: Reviews done by attorney general and legislative services division. II, 1b and 1g; O.R.C. Art. III, 2). Vote requirement for passage: Majority (Const. 3517.01, .08, .10, .11, 12, .13, .20, .092, .093, .102, .105; O.H.R. Art. 1-45-103, 1-45-108.3, 1-45-111.5 1-45-117, Maine: 21-A M.R.S.A. Another 10 states allow petition sponsors to draft the title and/or summary, in some cases with approval by a state official. Art. 14, 3), Timeline for taking effect: Within 20 days after the election (5 ILCS 20/7), Repeal or change restrictions: Must go through full constitutional amendment process (ILCS Const. Art. 13, 1). Stat. Two states require supermajorities for laws that seek to alter specific topics. Proponent organization and requirements: Petition sponsors may not gather signatures without first forming a ballot issue committee (Elec. II, 1e). Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. Geographic distribution: In each of two-thirds of the congressional districts, and each petition page must only contain signatures from a singular county (V.A.M.S. The following is not a legal, comprehensive list of every campaign finance law governing the initiative process in each state, but rather provides a starting guide of where to find relevant statutes: Nine states have an explicit process for withdrawal of an initiative from circulation: Proponents may any time before measure qualifies for the ballot, 131 days before the general statewide election. Single subject rule: Yes (Const. Which election: At the next ensuing election held throughout the state for members of the U.S. House of Representatives (Const. Cannot "pass a law authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property.". Art. St. 32-1416). Withdrawal process of individual signature: None specified. The Secretary of State's Office is currently operating on an appointment-only basis. Const. The requirements for an election with statewide ballot measures vary by state. Proponents of an initiative, referendum, or recall effort must apply for an official petition serial number from the Town Clerk. Does the law in question take effect before the referendum vote: An act referred to the people is in effect until suspended by petitions signed by at least 15% of the qualified electors in a majority of the legislative representative districts. Petitions must be submitted by midnight within 90 days of the date the legislation was signed by the governor and filed with the secretary of state. These may be accepted or rejected (Neb. Code 107). In 2002, NCSL published Initiative and Referendum in the 21st Century, an in-depth study on initiatives and referenda that includes recommendations for policymakers. 32-1405.01). Const. . Code 13-208 for statement of organization. Then, select a topic from the column at the left for comprehensive information or select a state in the map for state-specific information. Colo. Const. 3519.01; 3519.02; 3513.10). 14, 3), What is on each petition: Entire text of proposed measure, date of general election it is to be voted on and circulators statement (ILCS Const. Art. Repeal or change restrictions: None (Const. May remove no later than 120 days prior to the next general election and at least two-thirds of petition sponsors must sign the form. Circulator requirements: Residency requirement struck down (Term Limits Leadership Council v. Clark [1997]; Miss. To find a specific recall, you can scroll through the items listed in the widget and click on the recall or alert for more information. 2, 24). Art. A "simple statement of the gist of the measure," drafted by sponsors, is printed at the top of the petition (34 OS 3). IV, pt. Cure period for insufficient signatures: None specified. Art. Vote requirement for passage: Majority (Const. Art. Electronic reports of contributions and expenditures must be filed according to a schedule specified in ORS 260.057. Art. Submission deadline for signatures: By midnight (NDCC 16.1-01-09(7)) within 90 days of the date the legislation was signed by the governor and filed with the secretary of state (Const. Petition title and summary creation: No separate title, and a simple "statement of the gist" of the measure is included on the petition (34 Okl.St.Ann. Geographic distribution: Not more than half may be residents of Baltimore City or of one county (Const. 22-24-411). . Secretary of state and attorney general jointly make a more descriptive ballot question summary to be sent to voters. Const. 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. Twenty-three states have popular referendum processes. Eight% of votes cast for the office of governor at last regular gubernatorial election prior to submission of the signatures for verification. 3, 52(f)). Proponent organization and requirements: Application must be signed by ten qualified voters (Const. Art. 7-9-104; A.C.A. Timeline for collecting signatures: Two years (Neb.Rev.St. Application process information: File an exact printed copy of petition as it will be used for signature gathering (A.C.A. Where to file: Secretary of state and attorney general (ORC 3519.01(B)). Circulator requirements: Must be 18 years old, complete training from secretary of state and present specific identification to notary (C.R.S. 14, 3). Which election is a measure on: General election (I.C. Prepared by joint legislative budget committee staff. For statutory initiatives, 8 % of legal voters who cast ballots for governor in last election. Art. Public review or notice: Public may comment on public and internet posting of measure by attorney general for 30 days and then proponents may amend the measure (Cal.Elec.Code 9002). Art. Where to file: State Board of Election Commissioners (Const. States include a range of requirements for petition contents including legal warnings, serial numbers provided by officials, notarization, date of the election the measure is to be voted upon, the measures full text, summary, the district or county where the signature was gathered, if the circulator is paid, fiscal statement abstract, affidavit of circulator, circulator information, rights of the potential signer, names of proponents or proponent organization, statement of the proponent organization and deadline for signatures. II, 1g; O.R.C. California is one of two dozen states that gives voters these checks on elected officials. The official title of the bill that is subject to the referendum appears on the ballot. (Elec. 168.32). Proponent financial disclosure requirements: 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 (Ethics Commission rules 2.79 and 2.80). II, 1g). 8; 17). Circulator requirements: At least 18 years old,a Utah resident and paid circulators must wear badges (Utah Code 20A-7-303(3)). Rule 2.79; Oklahoma Ethics Commission's Guide for Political Action Committees). Who creates petitions: The secretary of state prepares five camera-ready copies of the petition for the sponsors (NRS 32-1405). 7-9-404; 405; 406; 407; 408; 409, California: Cal.Gov.Code 82013, 84200, 84202.3, 85309, 84511, 84101, Cal.Elec.Code 18680; Form 460, Colorado: C.R.S.A. Art. Stat. II, 1b and 1g; O.R.C. Const. These include filing reports and designating organization officers. What is on each petition: Contains a summary of the subject matter, warning to signers and a statement as to paid circulators (Const. Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state. If passed by legislature, it is subject to the referendum (M.C.L.A. Repeat measures: For three years, measures can only be proposed again by signatures totaling 25 % of total votes cast for governor last election, and special rule for competing measures (OK Const. Twenty-four states have citizen initiative processes. II, 1(b) and RCW 29A.72.010. Contributions of $1,000 or more must be reported within 48 hours after receipt (IC 67-6607). After chance for comment by all legislators, the legislative council prepares an impartial analysis with description, background information and likely effects (A.R.S. Verification: The secretary of state may verify the signatures on the petition by use of random sampling (Mo.Rev.Stat. Verification: Random sampling (MCA 13-27-303). Art. 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. License petition entity must register with secretary of state and obtain license (C.R.S.A. Proponent organization and requirements: Must obtain certificate of review from attorney general and file petition with secretary of state (I.C. States such as Alaska (AS 15.45.150); Idaho (I.C. Art. Names and addresses of sponsors must be listed, and they must sign to verify that they are registered voters (Wyo. See also 21-A MRS 904-A, the repealed provision that prohibited payment per signature. 295.009). Submission deadline for signatures: Within 90 days of the adjournment of the legislature which passed the law (SDCL 2-1-3.1). Submission deadline for signatures: Petition must be filed with county officials not later than 15 days following the primary election (NRS 295.056). II, 1g and O.R.C. 106.19). 2, 8). 3, 53. If legislature amends, it does not go into effect until the original is rejected by the voters (OH Const. Human Rights democracy and rule of law Democracy. 116.180; V.A.M.S. Which election: Next succeeding election at which the question may be voted upon by the voters of the entire state (Const. Circulators may not receive payment greater than $1 per signature. A yes vote approves the referred act, and a no vote rejects it. 7-9-108). Monthly reports are due on the 10th for any preceding month in which total contributions received or total expenditures made exceed $200 (RCW 42.17A.235). Petitions must be submitted within 90 days after the law is filed by the governor in the office of the secretary of state. Note that all but two of these statesMaryland and New Mexicoalso have the initiative process. Circulator requirements: 18 years of age and a US citizen; nonresidents may be circulators but must check a box on the petition disclosing this (MCL 168.544c). Conflicting measures: Measure with the most affirmative votes prevails (OH Const. Grounds for denial are improper form, insufficient sponsors, or more than 90 days have passed since adjournment of the session (AS 14.45.310). II, 1b), Types allowed: Direct statutory and constitutional amendment initiatives, and popular referendum, Single subject rule: Yes (OK Const. Proponent financial disclosure requirements: Include but are not limited to contribution limits and reports (F.S.A. Art. 48, Init., Pt. Art. Verification: The secretary of state may use any statistical sampling techniques for this verification and canvass which have been adopted by rule as provided by chapter 34.05 RCW (RCWA 29A.72.230). Citizens come up with and vote on their own laws Pros: 1. If you desire to vote for the retention of the act, mark X in square opposite the words 'FOR APPROVAL OF THE ACT.' Number of signatures required: 2% of the residential population according to the last federal decennial census (Const. Art. Petition title and summary creation: Secretary of state and approved by attorney general (NDCC, 16.1-01-07). 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. Other subject restrictions: Measure provisions cannot be dependent upon meeting certain vote %age. V, 3 and OK Stat. 116.080). What is on each petition: Form of the petition is prescribed by the State Board of Elections. Art. Art. Colorado. Art. 5, 1). A simple statement of the gist of the proposition is printed at the top of each signature page (34 OS 3). Where to file with: Secretary of state ( 34-1804). If the petitions were filed at least 165 days before the election and the submission deadline has not passed, and the signatures are deemed insufficient, petitioners may submit more signatures.
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