Code 9610). Art. 7-9-104), California (Cal.Elec.Code 9001, 9004; Cal.Const. From 15 different counties, with each countys petition having signatures of at least half of the designated percentage of electors of the county. Vote requirement for passage: Majority (SDCL 2-1-12). Circulation may begin once the attorney general has drafted a circulating title and summary; petition must be submitted within 90 days after the enactment date of the statute. Who can sign the petition: Qualified electors (Const. Verification: County officials verify each signature, printed name, date of birth and address with the voter registration records to determine if the signer is a registered voter (NRS 32-1409). III, 2; Art. XI, 5). A simplified explanation of the initiative process follows. Art. And secretary of state will hold public hearings at least 95 days before the election (O.R.S. 55, 22). II, 1b), Types allowed: Direct statutory and constitutional amendment initiatives, and popular referendum, Single subject rule: Yes (OK Const. 3, 51). Petitions must be filed not more than 60 days after the final adjournment of the legislative session which passed the bill on which the referendum is demanded. Petitions are deemed invalid if signatures are gathered in violation (ORC 3501.381). Code 23-17-3), Which election is a measure on: Statewide general election (MS Const. No earlier than 75 days, and no later than 15 days, voter information pamphlet and newspaper publication (U.C.A. Art. IV, 1). 116.080). Code 102). Understanding the Ballot Initiative Process - ThoughtCo The ballot title may be distinct from the title of the law that is the subject of the petition (Utah Code 20A-7-308). Withdrawal process of individual signature: Any signer may remove their signature at any time before the petition is filed by striking it out on the petition (ORC 3501.38(H)). Code 9001, $2,000; refunded if measure qualifies for the ballot within two years. Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. Cannot dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts, prescribe court rules, enact local or special legislation, or enact legislation prohibited y the Wyoming constitution. Public review or notice: State board of canvassers holds a public meeting on the amendment or question, make an official announcement 60 days before the election, and publicly post the amendment, including in newspapers and websites (M.C.L.A. Number of signatures required: 4% of the votes cast for all candidates for governor at the last election (Const. Submission deadline for signatures: Not more than 60 days after the final adjournment of the session of the state legislature which passed on the bill on which the referendum is demanded (IC 34-1803). 53 7). Oklahoma: Secretary of state reviews and processes the petition, along with the attorney general and the supreme court. Secretary of state must establish by rule and collect filing fees (RCW 43.07.120). 1-40-108). 293.250). Art. 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. 2, 9; Const. The petition and affidavit are prescribed by the state board of elections and follow administrative rules (SDCL 2-1-1.1; 2-1-1.2; South Dakota Administrative Rules 5:02:08:07). 116.160; 116.180; 115.245; 116.210; 116.220). LXXXI, 4). . Proponent organization and requirements: Lists of circulators and notaries who notarized the petition sections must be filed with the secretary of state. The secretary of state, in consultation with the attorney general, prepares a condensation, explanations for and against, and concise summaries of the bill's impact on existing related laws (NRS 293.250). a. . If a congressional district has 90 to 110 % of the needed valid signatures, every single signature will be verified to discern if it qualifies (V.A.M.S. 5, 1; A.C.A. II, 9 and Mich. Comp. Secret ballot. 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). Art. 3, 52(b) and Wyo. Art. 3503.06). Direct primaries. 22-24-411). 23-17-5). The use of the initiative and referendum (I&R) process has ebbed and flowed throughout U.S. history. Many cities and about one fourth of the states have incorporated it into their charters or constitutions. Legislator proposes a law, voters vote on it. III, 3). What is on each petition: The petitions must have a copy of the bill, an impartial summary, a warning, space for signatures, and if the circulator is paid (W.S.1977 22-24-304; 22-24-310; 22-24-311). 8). Rev. VI, 1 and Utah Code 20A-7-102). For statute, 8% of total votes cast for governor in last general election. 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). 34-1812c, Maine: 21-A M.R.S.A. 3519.01 and 3519.05(C). Who can sign the petition: Qualified voters (M.G.L.A. Circulator oaths or affidavit required: Yes (Const. Law 6-201). 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. 3, 3; NDCC, 16.1-01-09), Ohio (Const, Art. 116.320). Art. Const. Sponsors submit full petition to title board for review (CRS 1-40-105). If there are insufficient state funds and the measure does not provide a source, it is effective 45 days after next regular legislative session. Art II, 10 and Elec. Art. Art. Monthly reports are due on the 10th for any preceding month in which total contributions received or total expenditures made exceed $200. Petition title and summary creation: Proponents (U.C.A. Art. O.R.S. Art. 101.161). Art. 2, 9; Const. II, 10(a)). 250.105). 6, 22), Washington (RCWA 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.". Code 18603). 12, 2; M.C.L.A. Withdrawal of petition: Only before submissions (10 ILCS 5/28-3), Petition title and summary creation: Proponents, no statute (ILCS Const. 7-9-404). The Law of direct democracy Book 2014 WorldCat. 1-40-106; 1-40-107; 1-40-108. 3, 3; NDCC, 16.1-01-09). Proponent organization and requirements: Must sign affidavit and must refile after recommendations (RCWA 29A.72.010; 43.07.120; 29A.72.020; 29A.72.040). And many states include some type of public review or notice of proposed measures, as well. 74. Legislature or other government official review: Secretary of state writes arguments for and against the measure with information provided by proponents and opponents (Neb.Rev.St. 14, 3, 10 ILCS 5/28-2, Massachusetts: M.G.L.A. Petition title and summary creation: Written by sponsors, approved by attorney general (Const. Referendum Definition & Meaning - Merriam-Webster What is the difference between referendum and initiative. II, 10). 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. 15, Sec. 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). 15, 273), Who can sign the petition: Qualified electors (MS Const. Which election: Biennial general election (Const. Art. Application process information: Requires 25 or more must signatures as a sponsoring committee and present the complete measure to the secretary of state for approval, one of whom which must be designated as chairman of the sponsoring committee. First 10 signatures must be turned in by the first Wednesday of the September before the assembling of the general court . 165-014-0005 Designating the State and Local Initiative, Referendum, Referral and Recall Manuals and Forms (1) The Secretary of State designates the State Initiative and Referendum Manual revised 02/2022 and associated forms as the procedures and forms to be used for the state initiative and referendum process. Submission deadline for signatures: Not later than 90 days after the final adjournment of the legislature; if the deadline falls on a Saturday, the office of the secretary of state must be open from 8 a.m. to 5 p.m. that day (Const. Const. II, 1(c)). 3, 52(f)). Art. Public review or notice: The attorney general shall provide a 10-day public comment period after the release of draft title and explanation and revise accordingly after the comment period closes. Proponent organization and requirements: Not specified. Art. 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)). Code 100). Two-thirds vote (or majority after seven years). Which election: The first statewide election held more than 180 days after adjournment of the session during which the act was passed (Const. 168.482; 168.544c, Mississippi: Miss. Fifteen states follow a single-subject rule: Nine states do not have a single-subject rule: Arkansas, Idaho, Illinois, Maine, Massachusetts, Michigan, Mississippi, North Dakota and South Dakota. 116.100. V, 1), Collected in-person: Yes (A.C.A. Colorado and Nevada require a simple majority for statutory measures only. Initiative,referendum,recall Flashcards | Quizlet Art. Art. 250.045). 1(9) and ARS 19-112). hired children as a source of cheap labor. Withdrawal of petition: Any person who submits a sample sheet to or files an initiative petition with the secretary of state may withdraw the petition upon written notice to the secretary of state. Art. This ensures that measures will not be passed by a small minority of voters, either because of a low turnout or ballot-drop off (where voters only vote partway through a ballot). But these devices, like the recall, are legal only in certain states and municipalities, not at the national level.
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