5 Advantages and Disadvantages of Referendums - ConnectUS Time period restrictions before placed on the ballot: If sufficiency is being reviewed at the time the ballot is being prepared, the measure shall be placed on the ballot and no subsequent decision shall invalidate it if it is approved by a majority of voters (Const. 34-1812a, 34-1812b, I.C. 5, 1; C.R.S.A. Timeline for taking effect: For indirect initiatives, 60 days after the adjournment of the legislative session that passed it. 1-40-106, 1-40-124.5). Fiscal review: If the measure will have an effect on revenue, expenditures or the fiscal liability of the state, the attorney general orders the budget director to prepare one (MCA 13-27-312). Rev. States with geographic requirements that use entities that are unequal in population, such as counties or even state legislative districts, are more likely to have the requirement challenged in court. 1953 20A-7-202; U.C.A. 4, 5), Forty percent in Mississippi (MS Const. Reports of contributions and expenditures are due by the 15th of every April and October. Petition title and summary creation: Attorney general (RCW 29A.72.060). 2; Neb. Application process information: The proponent must file with the secretary of state a typewritten copy of the measure, accompanied by an affidavit that the sponsor is a qualified elector of this state as well as the fiscal requirements of the measure and the source of the revenue needed, and not less than 90 days before first day of legislature (Miss. 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). Which election is a measure on: A referred measure may be voted upon at a statewide election or at a special election called by the governor (NDCC Const. Art. 34-1812c). Laws that relate to religion, religious practices or religious institutions; the appointment, qualification, tenure, removal or compensation of judges; the powers, creation or abolition of courts; the operation of a particular town, city or other political division or to particular districts or localities of the commonwealth; or the appropriation of money for the current or ordinary expenses of the commonwealth or for any of its departments, boards, commissions or institutions. Sponsors submit full petition to title board for review (CRS 1-40-105). If the total signatures meet 90-100% of the requirement, the county clerk(s) check all of the signatures until 100% is reached. 2, 9). V 1). Must contain only subjects that are related or mutually dependent. Const. Statutes for petition contents for each state are: Individuals who physically gather signatures are referred to as circulators. Petition title and summary creation: Secretary of state (21-A MRS 901(4)). Art. Proponents draft and submit a ballot title in their original filing. (SDCL 2-1-3). Ballot title and summary: Proponent and approved by the attorney general, is the title for both the petition and ballot. Const. Const. 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. 5, 2; Constitution 48, Init., Pt. Withdrawal of petition: May be withdrawn by any of the people authorized to do so at the time of filing; withdrawal is made via a form prescribed by the secretary of state (NRS 295.026). Initiative Election: Referendum: Recall Election: Right of citizens to propose laws or amendments for approval or rejection by the voters. Geographic distribution: 5% in each of two-thirds of the congressional districts (Const. Proponent financial disclosure requirements: Must file a statement of organization as a political committee within two weeks of organizing or within two weeks of the date the first contribution or expenditure is expected (RCW 42.17A.205). Number of signatures required: 5% of the whole number of votes cast for governor in the last election. initiative referendum and recall are examples of quizlet. Legislature may hold public hearings and must hold a committee hearing once 25 percent of signatures are collected (Cal.Gov.Code 12172; 10243; 12172; Cal.Elec.Code 9007; 9034). 48, Pt. Who creates petitions: The secretary of state prepares five camera-ready copies of the petition for the sponsors (NRS 32-1405). Circulator requirements: According to secretary of state's. 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. Code 100). 116.110). 15, 273 and Miss. General review of petition: The revisor of statutes reviews and recommends revisions with respect to form and draftsmanship. Where to file: Secretary of state (SDCL 2-1-3.1). 2, 3). OH Const. VI, Subpt. Const. 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. Every state requires or offers some type of review in addition to fiscal statements. Constitution 48, Init., Pt. Application process information: Application form will be prescribed by the secretary of state. Withdrawal process of individual signature: None specified. 22-24-401, Laws related to dedications of revenue, appropriations, local or special legislation or laws necessary for the immediate preservation of the public peace, health or safety. Art. Timeline for taking effect: An act rejected by referendum is void 30 days after certification. 5, 1 and ACA 7-9-107). The referendum may be obligatory or optional. 2, 2; see also M.G.L.A. A statement of 100 words or less by secretary of administration and finance regarding fiscal consequences of the measure. By continuing to use this site, you consent to the terms of our cookie policy, which can be found in our. 4, Pt. Art II, 10 and Elec. 5, 3; 34 Okl.St.Ann. Timeline for taking effect: Upon approval by the voters (Const. Art. Art. The measure can be amended by a three-fourths vote in a joint session. Art. Must file monthly financial reports with Ethics Commission (A.C.A. 187; Okl.St.Ann. 168.471 and M.C.L.A. II, 1(d)). Paid per signature: May be paid (Ark. 54, 53). Petition title and summary creation: Secretary of state (Wyo. 3519.22. 22-24-401). Const. 19, 1 and NRS 295.045 and .056. 4, Pt. Who can sign the petition: Legal voters (Const. 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. 5, 2; Constitution 48, Init., Pt. 3519.05; 3501.38). CONST. 7-9-104). Code Ann. The secretary assigns an official serial number to the petition and assigns numbers to petitions in numerical sequence (ARS 19-111). A statement of organization is required. Art. (21-A M.R.S.A. What is on each petition: Serial number, name and address of paid circulator, and contents approved by secretary of state (F.S.A. Filing must include the description of the effect of the measure, the sponsor's name and signature (NRS 295.015). 34-1802). 19, 2; N.R.S. A petition may only be rejected if two different sampling processes determine it does not have sufficient signatures. CONST. Withdrawal of petition: The sponsor may file a written notice to withdraw the initiative with the secretary of state (V.A.M.S. 4, 1, Pt. Note that all but two of these statesMaryland and New Mexicoalso have the initiative process. Code 9604). Constitution 48, Pt. States may limit the subject matter of popular referenda. Disclosure of advertisements is required. Out-of-state committees that make expenditures supporting or opposing ballot propositions in Washington are required to file reports (RCW 42.17A.250). Circulator oaths or affidavits: Yes (V.A.M.S. Allowed to pay another for their signature: Prohibited (NRS 32-630 and -1404). Proponent financial disclosure requirements: Include but are not limited to reporting for contributions over $1,000, restrictions on what organizations can support, disclosure statements, semi-annual and pre-election statements, quarterly ballot measure statements, expedited and triggered statements and more (Cal.Gov.Code 82013, 84200, 84202.3, 85309, 84511, 84101, Cal.Elec.Code 18680; Form 460). What is on each petition: Petition is addressed to the secretary of state and must contain for each petitioner a declaration that he is a qualified elector, address and date of signature. III, 6). Art. 1953 20A-7-202), Proponent organization and requirements: At least five sponsors must apply (U.C.A. Art. 22-24-407. Petition title and summary creation: Attorney general (Elec. Art. Verification: County officials conduct raw count, and then a random sample is taken of 500 signatures or 3 % of each countys total for accuracy. 4, 1, Pt. Petitions with an incomplete or modified affidavit are invalid (Const. 168.474a; 168.486; 168.477; 168.3, V.A.M.S. General review of petition: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme court (F.S.A. Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. 54 53). Same if an alternate measure is proposed (M.C.L.A. Twelve% of total votes cast in last gubernatorial race for governor, V.A.M.S. 1-40-123), Majority to pass: Amendments require 55 % (C.R.S.A. Allowed to pay another for their signature: Prohibited (O.R.C. Repeal or change restrictions: Legislature may propose alternative measure or initiate the standard process for amending the constitution (MS Const. II, 1(d) and RCW 29A.72.030). Stat. Art. Cannot be a person once convicted of, or who has pled guilty to crimes involving forgery, Criminal background check done for paid circulators with additional restrictions, Cannot in 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. Once an initiative is on the ballot, An example of an advisory referendum is Question 5, Gathering Information: Monitoring Your Progress. The secretary of state writes arguments for and against the measure with information provided by proponents and opponents (Neb.Rev.St. Which election: At the next ensuing election held throughout the state for members of the U.S. House of Representatives (Const. Some states also include signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional. 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). Petitions must be submitted either before 5 p.m. 30 days after the first individual signs the petition or 40 days after the legislative session ends, whichever is earlier. 5, 11; Art. Vote requirement for passage: Majority, provided that the votes cast on the measure shall equal at least one-third of the total votes cast at the election (Const. 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). 8). 8; 9). Types allowed: Direct initiative for statutes and constitutional amendments and popular referendum, Single subject rule: Yes (V.A.M.S. License petition entity must register with secretary of state and obtain license (C.R.S.A. 2, 8). Taken together, they are called the politics of direct action. 5 1). In 1831 the canton of St. Gall adopted what is called the facultative, or optional, referendum. Art. 3599.03). 116.110). Art. Amend. Not more than half of signers may be residents of Baltimore City or of one county. Const. If petitions are insufficient, sponsors may circulate and file 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 at which the act was passed. Ballot title and summary: Attorney general drafts ballot title and prepares a statement to be printed in italics immediately preceding the ballot title on the official ballot. Recall is the power to remove an elected . Which election: General election, or at a special election ordered by the general assembly (Const. In the others, the measure goes directly to the ballot after it is submitted to the legislature. Nine states (Arkansas, California, Missouri, Montana, North Dakota, Oklahoma, Oregon, Utah and Washington) also allow referenda on special election ballots. Number of signatures required: For statutory initiatives, 6 % of the total votes cast for all candidates for governor in last general election. 3517.01, .08, .10, .11, 12, .13, .20, .092, .093, .102, .105; O.H.R. Contributions in excess of $1,000 from a single contributor received during the 21 days prior to the election must be reported (RCW 42.17A.265). Circulator requirements: Must be 18 years old, complete training from secretary of state and present specific identification to notary (C.R.S. 1953 20A-7-204.1). 168.476). Withdrawal process of individual signature: A registered elector who signs a petition may withdraw his or her signature from the petition by filing a written request for such withdrawal with the secretary of state at any time on or before the day that the petition is filed with the secretary of state (CRS 1-40-109(3)). Art. Signers must be residents in at least three-fourths of the state house districts, and signatures in each house district must equal in number at least 7% of those who voted in the preceding general election, 3% of total votes cast for the office of governor from at least 15 counties. 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. Const. Canadians, in May 1980, defeated a proposal that would have forced the national government to negotiate sovereignty for the French-speaking province of Quebec. Vote requirement for passage: Majority (Const. Art. II, 1b; O.R.C. Two-thirds vote (or majority after seven years). 6, Gen. Where to file: Secretary of state (Const. II, 1c and 1g). Thirteen states require publication in a newspaper: Arizona, Arkansas, Florida, Illinois, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, Ohio, Oklahoma and Utah. 3, 50 and V.A.M.S. Art. Art. 5, 1; A.C.A. Art. 3, 4; Art. III, 3, Const. Every state includes requirements for the circulators operating in the state. Must be a true and impartial statement of the purpose of the measure (MCL 168.482b and 168.22e). They must also designate a committee of five to represent the proponents (O.R.C. III, 4 and NRS 32-1414). Proponent organization and requirements: There may be a legally or generally recognized sponsor of the proposed amendment or question (M.C.L.A. III, 5). IV, pt. 19-121), Which election is a measure on: Next general election after filing (A.R.S. Submission deadline for signatures: Not less than four months prior to the next general election (Const. 250.137; 250.139). 2, 1). After the hearings, the proponents and Governor's Office of Management and Budget may revise (U.C.A. 1-40-104, 1-40-105, 1-40-111, 1-40-135). IV, 1(4) and ORS 250.045). Mary is concerned with the education that her child is getting and wants the school day extended in her district. 53 22A; M.G.L.A. For statutory initiatives, 8 % of legal voters who cast ballots for governor in last election. Direct Democracy in California: History and Functions Where to file: Attorney general, then petition goes to secretary of state (Cal.Elec.Code 9001, 9004; Cal.Const. 1953 20A-7-206). 4, Pt. III, 2). Allowed to pay another for their signature: Prohibited (A.C.A. Art. Geographic distribution: 6% of the qualified electors at the time of the last general election in at least 18 legislative districts (IC 34-1805). Timeline for taking effect: For statutes, unless specified otherwise, Oct. 1 following approval. Repeal or change restrictions: Two-thirds vote is required to amend or repeal a measure approved by a vote of the people (Cont. 295.0575), Allowed to pay another for their signature: Prohibited (N.R.S. II, 1g). The citizen initiative process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. 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. Art. 3, 52), Ballot title and summary: Secretary of state, approved by attorney general (V.A.M.S. 250.045; 250.067; 250.035; 250.036; 250.075. Allowed to pay another for their signature: May not use "any fraudulent means, method, trick, device or artifice to obtain signatures on a petition" (A.R.S. 34-1804, 34-1809). Allowed to pay another for their signature: Prohibited (21-A MRS 904-B). 3, 50; V.A.M.S. 1953 20A-7-203). Vote requirement for passage: Majority (Const. Must report name and address of donors of $50 or more. Of the 24 states, 18 allow initiatives to propose constitutional amendments and 21 states allow initiatives to . XLVII, Pt. 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). 4, 1, Pt. And no measure that names an individual to hold office or names private corporation to perform any function. 100.371, 101.161; F.S.A. States also decide which election a ballot measure will be voted on and any time restrictions before a measure is placed on a ballot. Art. They may also submit their own alternative ballot measure to the people if it is different but under the same subject area. Const. 22-24-407). Art. Legislature or other government official review: For indirect statute petitions, the legislature has 40 session days to pass or reject the unchanged or un-amended measure. Political committees must file a statement of organization. Rejected. Submission deadline of signatures: Six months before the general election (ILCS Const. II, 1g and ORC 3519.16(F)). Code Ann. May be amended or repealed only by three-fourths of each house or by a vote of the electors. Geographic distribution: Under court challenge. Weve been busy, working hard to bring you new features and an updated design. Application process information: Proponents prepare ballot statements and file them (MCA 13-27-202; 13-27-312). 3, 18, 20). Art. 7-9-103). 2015.5), Circulator oaths or affidavits: Yes (Cal.Elec.Code 104, 9022, 9610), Paid per signature: Yes, but signed oath if paid (Cal.Elec.Code 101, 9610), Allowed to pay another for their signature: Prohibited (Cal.Elec.Code 18603). Who can sign the petition: Registered qualified voters (Cal.Elec.Code 105, 9020, 9021), Geographic distribution: None, but may only sign petition circulated in the county of registration (Cal.Elec.Code 9021), Collected in-person: Yes (Cal.Elec.Code 100), Withdrawal process of individual signature: Written request with county election official before petition is filed (Cal.Elec.Code 103, 9602). Art. The Progressive Era Pt. 1 Flashcards | Quizlet Petition title and summary creation: The statement of purpose and implication, which is prepared by the proponent and approved by the attorney general, is the title for both the petition and ballot. If you desire to vote for the retention of the act, mark X in square opposite the words 'FOR APPROVAL OF THE ACT.' The title of the act subject to the petition appears on the petition. 7-9-111. Application process information: No fees or application, Where to file with: Secretary of state (M.C.L.A. Const. Which election: Biennial general election (Const. 4; Art. 15, 273 and Miss. Const. 1(6B)). 32-630; 32-1546), Number of signatures required: For statutory initiatives, 7 % of votes cast for governor in last election. Circulator oaths or affidavit required: Yes (NMSA 1-17-5 and -6). Amendments that propose a tax or fee not in place in November 1994 require a two-thirds vote to pass. 3, 3; NDCC, 16.1-01-09), Ohio (Const, Art. 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. Art. Number of signatures required: 5% of total votes cast for governor at last election (OK Const. LXXXI, 4). 905-A and M.R.S.A. 5, 1). Withdrawal process of individual signature: Signature may be withdrawn not later than 5 p.m. on the date the petition containing the person's signature is filed by signing a statement of intent to withdraw at the secretary of state's office, mailing a signed, notarized statement of intent to the secretary of state or drawing a line through the signature and printed name (ARS 19-113). Twenty-four states have citizen initiative processes. Law 6-204). 1-40-105). 2, Sec. St. 32-1405.01; 32-1405.02; 32-1413, Ohio: OH Const. Art. 6), Collected in-person: Yes (34 Okl.St.Ann. Art. II, 1g; Art. Art. 3, 52(e) and Wyo. (RCW 29A.72.230). 1953, Const. 5, 1), Who can sign the petition: Registered electors who will be eligible to vote on the measure (C.R.S.A. Verification: The regular boards of judges, clerks and officers count all of them (I.C. III, 52(b)). "Petition organizer" means a business entity that receives compensation for organizing, supervising or managing the circulating of petitions. 3. create a unicameral national legislature. Where to file: Secretary of state (Const. 32-1401; 32-1405; 32-628; 32-1403, Nevada: N.R.S. Art. Random sample of at least 500 or 5% of the signatures, whichever is greater. Considered a committee if individual raises or spends more than $5,000. Const. Reports of contributions and expenditures are due quarterly in calendar years without elections. Who creates petitions: Secretary of state creates templates, including cover and signature sheets (O.R.S.