Petition title and summary creation: Attorney general (RCWA 29A.72.060), What is on each petition: Ballot title, summary, warning and full text of the measure (RCWA 29A.72.120; 29A.72.110). Sponsors of advertising must file a report within 24 hours of the time the advertisement is published, mailed or otherwise revealed to the public if the advertisement qualifies as an independent expenditure or has a fair market value or actual cost of $1,000 or more (RCW 42.17A.260). Application process information: Must file petition form draft that must contain an enacting clause and the full text of the measure no later than six months before election (V.A.M.S. Art. Law 6-204). Does the law in question take effect before the referendum vote: Operation of the law is suspended when petitions with sufficient signatures to trigger a vote are submitted (Const. 7-9-104; A.C.A. Collected in-person: Yes (Elec. Art. Allowed to pay another for their signature: Prohibited; a petition section is invalid if this happens (CRS 1-40-111(3)(IV)). Signatures must be submitted by 5 p.m. on the 90th day after final adjournment of the legislature (34 OS 8). Nine states (Arkansas, California, Missouri, Montana, North Dakota, Oklahoma, Oregon, Utah and Washington) also allow referenda on special election ballots. 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). Next general election held at least 131 days after signatures are certified. In the U.S., the terms initiative and referendum refer to processes that allow citizens of states to vote on particular pieces of legislation.. Where to file: Secretary of state (MCL 168.471). 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. Art. Does the law in question take effect before the referendum vote: Non-emergency laws subject to referendum do not take effect until 30 days after voter approval. Collected in-person: Yes (Wyo. Art. 54 53). 295.009). This is a device, used mostly in the United States at the state and local level, whereby voters may remove a public official from office before the expiration of his or her term. Art. Initiative, referendum, and recall are three powers reserved to enable the voters, by petition, to propose or repeal legislation or to remove an elected official from office. XI, 5 and AS 15.45.410). Statewide general election, and 90 days before the first day of the legislative session and the first five measures make it on the ballot. Some definitions of 'referendum' suggest it is a type of vote to change the constitution or government of a country. Art. 21. Time period restrictions before placed on the ballot: Must be filed at least six months before the election it is to be voted on (V.A.M.S. Art. Art. Stat. Application process information: Petition must be presented to secretary of state for approval as to form. 100.371). 3, 52(e) and Wyo. Petitions must be submitted within 90 days of the adjournment of the legislature which passed the law. Art. Stat. Proponent organization and requirements: Original filing must include a notarized form with the names and addresses of the petition sponsors (SDCL 2-1-3.1). which lies the initiative and referendum-the power of the people to make laws. 15, 273), Conflicting measures: Measure with highest number of affirmative votes prevails (MS Const. What is on each petition: Petitions substantially follow the form found in U.C.A. Art. 22-25-101). II, 9, a law that is the subject of the referendum continues to be effective until the referendum is properly invoked, which occurs when the board of state canvassers makes its official declaration of the sufficiency of the referendum petition (MCL 168.477(2)). 34-1807), Circulator oaths or affidavits: Yes (I.C. Const. Does the law in question take effect before the referendum vote: The sections of a law subject to a referendum do not. There is another kind of referendum, called the plebiscite (from a Latin term meaning decree of the people), whereby questions or issues are submitted to the vote of the people. Who creates petitions: Secretary of state prepares an official template for the cover sheet and signature sheets for each petition (ORS 250.052). Constitution 48, Pt. Art. Who creates petitions: Secretary of state (Neb.Rev.St. Petition title and summary creation: Attorney general (Elec. Const. Public review or notice: Thirty day comment period, with comments published along with explanatory statement and fiscal review, publicly accessible on internet and in a pamphlet. For statutory initiatives, 8 % of legal voters who cast ballots for governor in last election. 6, 22), Washington (RCWA Const. Art. Rev. When people get a lot of signatures to get on the ballot and be voted on by citizens for a change in an old law or for the making of a new law. 116.110). Timeline for taking effect: An act rejected by referendum is void 30 days after certification. 295.012; 293.127563; Angle v. Miller, 2010, 722 F.Supp.2d 1206. Each state has a unique way of handling the timeline and deadline for signature gathering. There are two kinds of referenda: obligatory and optional. Who can sign the petition: Qualified electors (NDCC Const. Art. 187; Okl.St.Ann. 24, 1), Utah (U.C.A. Art. Verification: If more than 500 names have been signed on the petition sections filed with an election official, random sampling is used to determine the number of valid voters who have signed (Elec. Must be a true and impartial statement of the purpose of the measure (MCL 168.482b and 168.22e). Where to file with: Legislative Research Council, attorney general and secretary of state (SDCL 12-13-25.1; 12-13-26). Law 13-202). 4, 5). Where to file with: Secretary of state ( 34-1804). A committee must be formed upon the occurrence of any of the following in a calendar year: receiving $2,000 or more in contributions, , making independent expenditures totaling $1,000 or more or making contributions totaling $10,000 or more. This practice was first adopted by the state of Connecticut in 1818, and by the 20th century it had become the prevailing way of changing constitutions. 5, 11; Art. Ten % for amendments (Ark. Art. Const. Submission deadline for signatures: 5 p.m. on or before the 90th day after the recess of the legislature, or if the 90th day is a weekend or holiday, by 5 p.m. on the preceding day which is not a weekend or holiday (Const. II, 1b). 168.474a; 168.486; 168.477; 168.32). Application process information: Proponents must submit a statement of the object of the measure and its full text to the secretary of state, along with a sworn list of their addresses and names (Neb. Allowed to pay another for their signature: Prohibited. NAME _____ Period____ US History Midterm Review Packet Directions: Your goal is to create a booklet and fill in the data by using all resources: Terms, Canvas PowerPoints, Binder with assignments by Unit, US History Text, and the Guided Readers, along with the Gateway textbook. III, 4). Amend. Art. Majority to pass: Yes (NDCC Const. Art. 295.009. 3, 50). 168.472a). Legislature may amend with three-fourths vote but only to further the purpose of the measure (A.R.S. The use of the device gained momentum with the emergence of groups concerned with specific issues such as civil rights, abortion, capital punishment, nuclear power, tax policies, handgun control, and the environment. Subject restrictions: Cannot be used on laws necessary for the immediate preservation of the public peace, health or safety, and appropriations for the support and maintenance of the departments of state and state institutions (Const. South Dakota: The Legislative Research Council provides written comments to the attorney general (SDCL 12-13-25; 12-13-25.1). Art. If paid, must provide required information to secretary of state prior to collecting signatures (A.C.A. Circulator requirements: Must be an elector and must be 18 or older (NDCC Const. Timeline for taking effect: Upon publication of the certificate by the secretary of state of the result of the vote (Const. Const. To make it more difficult to place initiatives on the ballot and to ensure initiatives do not represent just the interests of heavily populated areas, some states have created a requirement that signatures be gathered from across the state. Art. 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206. 904-B), Number of signatures required: Ten % of the total votes cast for governor in the last gubernatorial election (M.R.S.A. Submission deadline of signatures: Sponsors must submit signatures no later than six months before the election and can only start collecting the day after the previous general election (V.A.M.S. Cure period for insufficient signatures: None. Art. The attorney general may determine an act of the legislature is the same as a proposed law and will remove it from appearing on the ballot (W.S.1977 22-24-304; 22-24-319). 5, 1; Amend. Repeal or change restrictions: No veto from governor, and legislature may pass statutes normally (V.A.M.S. In 2021, Idaho passed. 22-24-402. 3, 18). For amendments, 10% of total qualified electors of the state. If the legislature rejects the measure, the legislature may propose an alternative measure (with the approval of the governor), and it will appear on the ballot along with the original initiative. Filing must include the description of the effect of the measure, the sponsor's name and signature (NRS 295.015). Proponents draft and submit a ballot title in their original filing. 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. III, 8). Referendum is a decision for the general assembly to put a bill on the ballot. The secretary of state then refers both to the attorney general, who determines the legal sufficiency of the issue, approves the petitioner's ballot statements and determines whether a fiscal note is necessary. Number of signatures required: For statutory initiatives, 2 % of the residential population according the last federal decennial census. Under the optional referendum, a specified number of voters may, by petition, demand a popular vote on a law passed by the legislature (a process similar to the initiative). Which election is a measure on: Regular election unless otherwise ordered by Legislative Assembly (OR CONST Art. St. 32-1408. (Const. For direct initiatives, proponents collect signatures and place the measure directly on the ballot once its certified and verified. Art. These serve as the petition title (MCA 13-27-312). Number of signatures required: 4% of the votes cast for the office of governor at the last election (Const. 106.03). Art. Art. 2, 10), Majority to pass: Yes (Cal.Const. 3, 17). II, 1g and O.R.C. Art. Legislature reviews the indirect statutory initiatives. Who can sign the petition: Any qualified voter (AS 15.45.350). Art. 12; 25. Art. Arizona: Const. 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. Timeline for taking effect: For statutes, 10 days after the date of the official declaration of the vote, and for amendments, 45 days after election (M.C.L.A. Art. From each of at least 26 Utah State Senate districts, legal signatures equal to 5 % for indirect or 10 % for direct initiatives of the total of all votes cast in that district for all candidates for U.S. president at the last general election (U.C.A. General election, while petitions cannot be filed more than 65 days before the deadline. If raising more than $5,000 in a year, the entity must register as a ballot question committee. 7-9-104; A.C.A. Application process information: Copy of petition must be filed not earlier than Aug. 1 of the year before the year in which the election will be held (Const. Const. The criteria for these requirements vary wildly. Signature pages must include description of subject and purpose of petition, a fair and accurate summary or the full text, a statement to which each signer subscribes, spaces for signatures, spaces for signers' county and space for the required affidavit. IV, 1). Amend. 3501.38). Where to file with: None, but state board of elections certifies signatures (5 ILCS 20/2a). 1(9) and A.R.S. Secretary of state, in consultation with attorney general, OH Const. Other states vary when it comes to restrictions, ranging from specific vote thresholds on certain topics to disallowing certain issues. Art. States may apply a single-subject rule or other restrictions. Fiscal statements are the most common type of review, giving estimates and analysis on the likely fiscal impact the proposed measure will have on the state. 4, Pt. Proponent financial disclosure requirements: Include but may not be limited to being covered by the states campaign finance laws, must follow reporting rules, and file statement of organization (RCWA 42.17A.005; 42.17A; 42.17A.205). Fiscal review: Yes (W.S.1977 22-24-309). Proponent financial disclosure requirements: Include but are not limited to filing with the secretary of state, written disclaimers when publicizing, limits on contributions, detailed contribution reports, unexpended campaign contributions, and rules promulgated by secretary of state (C.R.S.A. Art. Initiative. 1-40-106 and 1-40-107). Attorney general writes title and summary if original is challenged in court. 23-17-57), Number of signatures required: Twelve % of the total votes cast in the last gubernatorial race for governor (MS Const. 15, 273). III, 52(b)). Art. Verification: By actual count (as opposed to random sampling), but this is not spelled out in statute. Art. Art. Considered a committee if individual raises or spends more than $5,000. Where to file: Secretary of state (OR CONST Art. 3, 8). 116.080). Art. Art. Timeline for collecting signatures: Eighten months. In odd-numbered years, year-end reports are required. Cure period for insufficient signatures: If a petition is insufficient but has at least 75% of the required signatures in total and in each of at least 15 counties, secretary of state must permit at least 30 days to gather additional signatures (Const. 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 house eachthe fifth member is appointed by the four previous members. Some states place restrictions on how sponsors may pay petition circulators. Art. 34-1804). The idea of referendums, recall, and initiative was one to give voters greater power over legislation and the lawmakers and politicians who served them. A full copy of the measure must be attached. 2, 4, Pt. Art. For example, Australia defines 'referendum' as a vote to change the constitution and 'plebiscite' as a vote which does not . 295.015). Types allowed: Indirect initiative for statute, direct initiative for constitutional amendment, and popular referendum, Other subject restrictions: No private or special laws (Const. 23-17-5). Code Ann. Art. On the graphic below, select either Citizen Initiatives or Popular Referenda at the top of the map. 295.015; 293.250). 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. Time-period restrictions before placed on the ballot: Filed at least four months before election (Ark. Legislature or other government official review: Since the process is an indirect initiative, the legislature has four months to adopt the unchanged constitutional initiative by a majority in each house before the secretary of state submits it to the people. 48, Init., Pt. Amend. Petition title and summary creation: Secretary of state and approved by attorney general (V.A.M.S. Geographic distribution: Not more than one-fourth the of signatures shall be from one county (Const. 22-24-412). Attorney general drafts ballot titles and certifies statements. XVI, 3(d)). Proponent organization and requirements: At most, three people are designated as the chief petitioners and state whether circulators will be paid or not (O.R.S. 22-24-416). Cure period for insufficient signatures: 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 (OR Rev. 5, 57; Art. In the United States, during the 1982 congressional elections, there were successful, nonbinding plebiscites in several states and municipalities on the issue of a nuclear weapon freeze. If they refuse, the measure is declared insufficient and does not appear on the ballot (A.C.A. II, 1(d)). 22-24-413). If the petitions are approved and the signatures are valid, the proposal can be voted on. Which election is a measure on: For statutes, if not passed by the legislature within 40 days, then it is placed on the next general election's ballot. 6, Gen. Application process information: Ten voters must sign and submit the petition to the attorney general by the first Wednesday of the August before the assembling of the general court into which it is to be introduced (M.G.L.A. 3, 4; Art. Proponent financial disclosure requirements: Must obtain a petition entity license before circulating petitions or paying circulators (CRS 1-40-135(2)). For amendments, 10 % of the total votes cast for governor (M.C.L.A. Who creates petitions: Lieutenant governor (Const. Proponents may withdraw a measure at any time before filing the petition. Art. Circulator oaths or affidavits: No, but they certify that each signature was in their presence and that they believe each individual is an elector (O.R.S. What is on each petition: Contains a summary of the subject matter, warning to signers and a statement as to paid circulators (Const. 4, Pt. 903-C). Code 9001). 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). Where to file: Secretary of state (21-A MRS 901). Paid per signature: Prohibited (MCA 13-27-102). Oklahoma: Secretary of state reviews and processes the petition, along with the attorney general and the supreme court. 353, 354). Where to file with: Secretary of state (V.A.M.S. Art. For direct initiatives, signatures must be submitted by Feb. 15 immediately before the next general election. 14, 9). Art. Statewide election or a special election called by the governor, Next regular or general election that occurs 125 days after filing, Const. Semiannual statements of contributions and expenditures are due July 31 and January 31 (Govt. 1(9)). Art. 2, 4, Pt. Mississippi: Attorney general may confer with proponents and may recommend revisions. Must be submitted by September, then December, and then possibly July (M.G.L.A. XVI, 4). Then 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. What is on each petition: Must be in substantially the same form as initiative petitions, containing a title, a warning and the full text of the act (IC 34-1801A). II, 1g). 23-17-7; 23-17-9; 23-17-15, Proponents, approved or rewritten by attorney general, Proponent, with possibility of being amended by statute, Secretary of state and approved by the attorney general. Vote requirement for passage: Majority (Const. Verification: County officials ascertain whether each part-petition is properly verified, and whether the names on each part-petition are on the registration lists of such county, or whether the persons whose names appear on each part-petition are eligible to vote in such county, and to determine any repetition or duplication of signatures, the number of illegal signatures, and the omission of any necessary details required by law (ORC 3519.15). Art. Reports of contributions and expenditures are due quarterly in calendar years without elections. For statutes: If not passed by the legislature within 40 days, it is placed on the next general election's ballot. 23-17-5). Code Ann. Art. Number of signatures required: For statute, 8 % of the total votes cast for governor in the last general election. 2, 19; Amalgamated Transit Union Local 597 v. State of Washington, 11 P.3d 762 [2000]), Arkansas (AR Const. 2, 3; Amend. An important political aim of the Progressive movement was to. These states require that in addition to receiving a majority of the votes cast on the measure, those votes must be equal to or more than a specified percentage of the total votes cast in the election. 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)). III, 5(2)). Submission deadline for signatures: Petition must be filed with county officials not later than 15 days following the primary election (NRS 295.056). Collected in-person: Yes (A.R.S. 10% is require to suspend the law prior to the vote. 1953 20A-7-202). 1-40-105). Initiative. Wyoming: Const. There is a principal circulator whose information is publicly available upon request. Timeline for collecting signatures: Have 180 days (M.C.L.A. Allowed to pay another for their signature: Prohibited (Miss. Application process information: The sponsor must file a copy of the measure signed by 1,000 electors (and not more than 2,000) with the secretary of state, along with the text of the measure, whether they plan to use paid circulators, and designating three chief petitioners (O.R.S.