Application process information: Must file a copy of the measure with the secretary of state and the sponsor; as an individual or acting on behalf of an organization, must file an affidavit. 34-1812a, 34-1812b, I.C. Art. A person also qualifies as a ballot measure committee if 2% or more of its annual revenues, operating expenses or funds are used to make contributions to another ballot measure committee which exceed $10,000 in value. Const. 3519.22). Circulator requirements: 18 years of age (NRS 295.0575). 1. Art. For indirect statutory initiatives, after turning in original 3 percent of signatures, proponents must return next batch of signatures (another 3 percent) within 90 days of the legislature not enacting or amending a measure. Six states prohibit sponsors from paying circulators on a per-signature basis. For constitutional amendments, 10 % of votes cast for governor in last election (Ne.Rev.St. answer choices. Art. Withdrawal of petition: Anytime more than 70 days before the election, a majority of the committee members may withdraw the petition by writing to the secretary of state (O.R.C. Art. Contributions of $1,000 or more must be reported within 48 hours after receipt. 100.371). 7-9-601; A.C.A. Number of signatures required: 10% of the total number of votes cast in the last general election; or 25% to suspend operation of the act until the election (Const. Vote requirement for passage: Majority (Const. 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. III, 2). 7-9-104; A.C.A. The citizen initiative process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. 1953 20A-7-203). 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. Application process information: Application must be filed within 10 business days of the adjournment of the legislature on a form designated by the secretary (21-A MRS 901). (21-A MRS 905). MT CONST Art. 53 22A and M.G.L.A. Ohio: Reviewed by attorney general and Ohio ballot board, which also writes pro or con statements if not supplied. 19-102; 19-111), What is on each petition: Must follow prescribed form and summary and that it was prepared by proponents, title, that circulator is paid or not, and warning about legality of signing unofficial sheet (A.R.S. Alaska: 1959Arizona: 1912Arkansas: 1920California: 1911Colorado: 1910Idaho: Constitutional provision adopted1912, laws specifying mechanics adopted 1933Maine: 1908Maryland: 1915Massachusetts: 1917Michigan: 1908Missouri: 1908Montana: 1906Nebraska: 1912Nevada: 1904New Mexico: 1911North Dakota: 1914Ohio: 1912Oklahoma: 1907Oregon: 1902South Dakota: 1898Utah: 1900Washington 1912Wyoming: 1968, Four states have no restrictions on what sorts of laws can be subjected to the popular referendum: Arkansas, Idaho, Maine and North Dakota. XVI, 1; Art. If raising more than $5,000 in a year, the entity must register as a ballot question committee. Art. initiative referendum and recall are examples of quizlet . 295.015). 3, 50; Art. Once an initiative is on the ballot, An example of an advisory referendum is Question 5, Gathering Information: Monitoring Your Progress. 23-17-5). Const. Like the initiative and referendum, recall originated in Switzerland, where it was made applicable to the entire legislature as well as to individual officials. Several states require two officials to write or review the title and/or summary, given the importance of these items for a ballot measure. Art. Must also file with the secretary of state not less than four months before the election at which they are to be voted on (I.C. III, 3 and MGL ch. Number of signatures required: 6% of the total votes cast for the office of governor in the last election (OH Const. Legislator proposes a law, voters vote on it. 34, 25). Proponent organization and requirements: Application includes sponsors name, or if an organization, the names and titles of its officers, and an address (ARS 19-111). Repeal or change restrictions: For statutes, may be amended or repealed only by three-fourths of each house or by a vote of the electors. Art. Circulator oaths or affidavits: Yes (NDCC Const. Proponent organization and requirements: Must obtain certificate of review from attorney general and file petition with secretary of state (I.C. 169.234; 169.247). Stat. 14, 3 and see Coalition for Political Honesty v. State Board of Elections (1976). V, 1), Collected in-person: Yes (A.C.A. II, 9(b)). Art. 1953 20A-7-204.1). Collected in-person: Yes; petition includes language verifying that each person has "personally signed" (RCW 29A.72.130). Where to file with: Secretary of states office and attorney general (AR Const. Secretary of state may send petition pages to election authorities for verification. Application process information: Petition as to be circulated is filed with secretary of state prior to circulation and must include the title of the referred law, the effective date, the date of the election at which it will be submitted. 5, 1). Number of signatures required: For statutory, 5 % of total vote for governor in the last election in each of two-thirds of the state's congressional districts. II, 10). Code 23-17-3; MS Const. 3, 1 and Const. 19, 1). 3, 3; NDCC, 16.1-01-09). Stat. 19, 3) and summary statement drafted by proponents (NRS 295.009). Cure period for insufficient signatures: None. In the others, the measure goes directly to the ballot after it is submitted to the legislature. Ballot title and summary: The same ballot title and popular name that appeared on petitions (drafted by sponsors) is submitted by the secretary of state to the board of canvassers for certification. Subject restrictions: No law making any appropriation for maintaining the state government or for maintaining or aiding any public institution, not exceeding the next previous appropriation for the same purpose, shall be subject toreferendum. Allowed to pay another for their signature: Prohibited (O.R.S. 7-9-104). The legislature has four months to pass the bill in amended or unchanged form. 3, 52). Art. The legislature can provide for a different effective date with a two-thirds vote of the membership of each house (Const. Const. Initiative Election: Referendum: Recall Election: Right of citizens to propose laws or amendments for approval or rejection by the voters. 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. 19, 2), Ballot title and summary: Secretary of state, in consultation with the attorney general (N.R.S. Art. Advantages. 250.105). The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. Amend. Furthermore, statutes allowing or requiring paying per signature have been overturned by the courts. Code Ann. Otherwise the secretary of state in consultation with the attorney general writes a concise summary (NDCC 16.1-06-09). 1953 20A-7-212). Signatures must be filed with the secretary of state by the 50th day of the first regular session or by the 25th day of the second regular session. 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. which lies the initiative and referendum-the power of the people to make laws. Timeline for taking effect: 30th day after the election at which it was passed (Const. Circulator oaths or affidavits: Yes (O.R.C. Art. St. 32-1407). Const. 3519.05; 3501.38). Petition title and summary creation: Sponsors draft title (Const. III, 8). Timeline for collecting signatures: 18 months (W.S.1977 22-24-315). 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. Amount is specified by secretary of state by rule. 250.045; 260.035; 260.054, South Dakota: SDCL 12-27-22; SDCL 12-27-3, Utah: U.C.A. Art. Art. 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. Political recall efforts in Virginia result in a circuit court trial instead of an. 3, 52(e) and Wyo. Time period restrictions before placed on the ballot: To be voted on at the next regular or general election subsequent to 125 days after the supplementary petition is filed (OH Const. The legislature has 40 days to pass the unchanged initiative. Human Rights democracy and rule of law Democracy. Art. 3, 19; 21-A MRSA 903-A, sub-4), Nebraska (Neb. California. Subject restrictions: Such laws as may be necessary for the immediate preservation of the public peace, health, safety or support of the state government and its existing public institutions are not subject to referendum (Const. 3, 5). Application for Initiative or Referendum Serial Number. A year after Los Angeles adopted the device, voters in that city recalled a city councilman. Fiscal statement is included in voter pamphlet as is other information. If paid, must provide required information to secretary of state prior to collecting signatures (A.C.A. 5, 1). These requirements vary widely, most often including newspaper publication, other public displays such as posting on the internet, or public comment periods. Majority to pass: Sixty % majority required (F.S.A. Fifteen % for amendments (A.R.S. 21 1; A.R.S. They may also submit their own alternative ballot measure to the people if different but under the same subject area. Art. 3, 52(c) and Wyo. V, 3). Const. Reports of contributions and expenditures of $500 or more must be made within 2 days between the 25th day of the month before an election and the day of the election (MCA 13-37-226). 295.009, Ohio: Const. If neither receives 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. What is on each petition: Full text of the measure, follow prescribed form, signatures, warning, fiscal impact and a simple statement of the gist of the proposition (OK Const. Code Ann. XVI, 2). 3; 8). V, 2). CONST. Art. St. 32-1407; 32-401), Ballot title and summary: Attorney general (Neb. Which election: Statewide or a special election called by the governor (Const. 7-9-111). States with direct initiatives (19): Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Michigan, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington, States with indirect initiatives (10): Alaska, Maine, Massachusetts, Michigan, Mississippi, Nevada, Ohio, Utah, Washington, Wyoming. If statute petition is passed by the legislature, then it is subject to the referendum. In these states, sponsors may take a draft, or even just an idea, to a legislative office for assistance with the form and content of the initiative before submitting the proposal to the appropriate state official. 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. Fiscal review: The chief legislative budget officer prepares a fiscal analysis, the summary of which will appear on the ballot (MS Const. N.R.S. 19, 3; Art. Petition title and summary creation: Secretary of the commonwealth drafts a fair, concise summary that appears on petitions and on the ballot (Const.