116.180; V.A.M.S. Conflicting measures: The measure receiving largest number of affirmative votes is enacted (M.G.L.A. Verified answer. What is on each petition: Serial number, name and address of paid circulator, and contents approved by secretary of state (F.S.A. 5, 1 and A.C.A. Who creates petitions: Lieutenant governor (Const. Attorney general drafts ballot titles and certifies statements. XVI, 3). 5, 6; 34 Okl.St.Ann. Art. Legislature may hold public hearings and must hold a committee hearing once 25 % of signatures are collected (Cal.Gov.Code 10243, 12172; Cal.Elec.Code 9007, 9034). Who can sign the petition: Qualified electors of the state (34 OS 23). Prov., Pt. Art. Code 100). Proponent financial disclosure requirements: Registration is required prior to making an expenditure for or against a ballot measure; group name must include the title or common name of the measure if the group intends to make more than 50% of its contributions or expenditures toward a single measure (AS 15.13.050). A simple statement of the gist of the proposition is printed at the top of each signature page (34 OS 3). Verification: County officials conduct raw count, and then a random sample is taken of 500 signatures or 3 % of each countys total for accuracy. Circulator requirements: Non-Arizona residents and paid-resident circulators must register. Stat. Art. 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206. If the random sample verification establishes that fewer than 95% of signatures are valid, the petition is deemed insufficient. Canadians, in May 1980, defeated a proposal that would have forced the national government to negotiate sovereignty for the French-speaking province of Quebec. Who can sign the petition: Legal voters (Const. State Board of Elections (Note: the board is empowered to adopt rules for filing applications, so presumably such applications are filed with the board. For indirect initiatives, the legislature may make technical changes only, and prepare a legislative review note and a legislative fiscal note on the law proposed by the initiative petition. Subject restrictions: Acts making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act are not subject to referendum (Const. Law 6-103). 22-24-414). Where to file: Attorney general, then petition goes to secretary of state (Cal.Elec.Code 9001, 9004; Cal.Const. Timeline for collecting signatures: Unlimited, but if number of filed signatures is deemed insufficient, sponsors have 30 days to collect more (A.C.A. 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. 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)). Art. Art. Submission deadline for signatures: No later than 5 p.m. 90 days after the final adjournment of the legislative session (Const. 168.482). The Legislative Counsel Bureau distributes items to legislators, public libraries, newspapers and broadcasters (N.R.S. For constitutional amendments, 8% of total votes cast for all candidates for governor in last general election. V, 1(3) and CRS 1-40-117. 19, 3; Nev. Rev. Art. Petitions may be signed at any time after an act is passed and must be submitted by June 1. V, 3; 34 Okl.St.Ann. Verification: By actual count (as opposed to random sampling), but this is not spelled out in statute. Art. Art. Types allowed: Direct initiative for statutes and amendments and popular referendum, Single subject rule: Constitutional amendments only, not statutes (A.R.S. II, 10). 2, 1). Application process information: Application is filed on a form provided by the secretary of state and must contain the sponsor's name, or if an organization, the names and titles of its officers; address; intent to circulate and file a petition; a description of not more than 200 words of the principal provisions of the measure and the full text, in no less than 8-point font; and application for an official serial number. 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. The legislature has four months to pass the bill in amended or unchanged form. 168.544c). Art. Art. Who can sign the petition: Qualified voters (Const. V, 1(4)(a) and CRS 1-40-123). 295.009 with the secretary of state, and it may be amended pursuant to that statute (N.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. Utah: The governor must decide that two measures are in conflict (U.C.A. Amend. Petition sheets will always include space for signatures. Timeline for taking effect: Thirty days after the election at which it was approved (Const. 295.0575). 3, 24). Art. 34, 1, Const. Art. If it passes, it becomes law. General review of petition: Reviews done by attorney general and legislative services division (MCA 13-27-202). II, 1b), Types allowed: Direct statutory and constitutional amendment initiatives, and popular referendum, Single subject rule: Yes (OK Const. 168.482; 168.544c, Mississippi: Miss.
Initiative and referendum - Ballotpedia Circulator oaths or affidavit required: Yes (RCW 29A.72.030). 21 1 and A.R.S. Proponent and approved by the attorney general, is the title for both the petition and ballot. Art. 2, 3), Michigan (M.C.L.A. 48, Pt. Application process information: Not available in statute. 116.332). Art. The president of the Senate and the speaker of the House of Representatives have authority to designate groups of members to prepare arguments for and against amendments to the Ohio Constitution proposed by the General Assembly, a person or persons to prepare an argument for any law, section, or item submitted to the electors by referendum petition, and a person or persons to prepare an argument against any constitutional amendment proposed by initiative petition. Art. 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. 19-113). Code Ann. IV, 1). 3599.03, Oklahoma: 34 Okl.St.Ann. Justices of the peace and county recorders may not circulate petitions (ARS 19-114). Stat. Ballot title and summary: The same title drafted by the title board in the pre-qualification stage is used on the ballot (CRS 1-40-106); there is not a summary on the ballot (CRS 1-40-115). Art. 2; Neb. 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). IV, 1). Art. Which election: At the next ensuing election held throughout the state for members of the U.S. House of Representatives (Const. 4, Pt. Bans on payment-per-signature have met with mixed results in the courts. 5 1). 54, 22A). After chance for comment by all legislators, the legislative council prepares an impartial analysis with description, background information and likely effects (A.R.S. 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. 295.015). 5, 1; A.C.A. Who creates petitions: Secretary of state designs the petition and the division of elections issues the actual petition to proponents (M.R.S.A. Who can sign the petition: Legal, registered voters (V.A.M.S. Proponent financial disclosure requirements: Include but are not limited to quarterly reporting and following rules set by board of elections (10 ILCS 5/9-15). Secretary of state may send petition pages to election authorities for verification. Majority to pass: Initiative amendments proposed by the people and their legislative substitutes must receive at least 30 % of the total number of ballots cast in the election and a majority of the voters voting on the measure (Massachusetts Constitution 48, Init., Pt. 4, Pt. Art. IV, 1b). And within 30 days of the close of the first complete fiscal year after the effective date of an initiated measure approved by the voters, the agencies, institutions, or departments that provided the estimates of the fiscal impact of the measure to the legislative management under this section shall submit a report to the legislative council on the actual fiscal impact (NDCC Const. Paid circulators must, prior to circulating petitions, sign a statement certifying they acknowledge that it is a misdemeanor to allow signatures on a petition to be used for any purpose other than qualifying a measure for the ballot (Elec. The filing of a referendum petition against any item, section, or part of any measure shall not prevent the remainder of such measure from becoming operative. The use of the initiative and referendum (I&R) process has ebbed and flowed throughout U.S. history. Law 6-201). 5, 1; C.R.S.A. Collected in-person: Yes (Neb. Const. 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. Code Ann. Circulator oaths or affidavit required: Yes (Const. Furthermore, statutes allowing or requiring paying per signature have been overturned by the courts. 3519.21. 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. 2, 3; Const. Legislature or other government official review: Legislature reviews the measure as submitted to it by the proponents. Proponent organization and requirements: Petition sponsors may not gather signatures without first forming a ballot issue committee (Elec. 116.17). Const. 32-1405.01; 32-1405). XVI, 4). Weve been busy, working hard to bring you new features and an updated design. A "simple statement of the gist of the measure," drafted by sponsors, is printed at the top of the petition (34 OS 3). Pre-election statements must be filed 40 and 12 days before the election (Govt. 5, 1), Single subject rule: Yes (Cal.Const. 100.371). 19, 2; American Civil Liberties Union of Nevada v. Loma [2006]; N.R.S. By continuing to use this site, you consent to the terms of our cookie policy, which can be found in our. Art. The secretary of state is prohibited by law from accepting for filing any referendum petition which interferes with the legislative prerogative contained in the Constitution of Nebraska that the necessary revenue of the state and its governmental subdivisions shall be raised by taxation in the manner as the legislature may direct. Geographic distribution: Not more than one-fourth the of signatures shall be from one county (Const. During the 14 days before the election, reports of any communication exceeding $5,000 in the aggregate are due within one business day. 3, 8). Some have been found to be unconstitutional, largely on one person, one vote grounds. 100.371), Fiscal review: Yes, by the Financial Impact Estimating Conference (F.S.A. Verification: Random sampling (MCA 13-27-303). Art. A statewide special election may be called for amendments (M.C.L.A. Verification: Each signature is physically counted. 169.234; 169.247). Ballot title and summary: A statement of purpose and implication, not to exceed 135 words, and yes-no statements are drafted by petitioners and reviewed and approved by the attorney general. V, 3). 14, 9; Art. 22-24-413). (IC 34-1803B). Repeal or change restrictions: Governor may not veto (MT CONST Art. III, 2; Bernbeck v. Gale, 59 F.Supp.3d 949 [2014]; 829 F.3d 643, United States Court of Appeals, Eighth Circuit). Proponent organization and requirements: At the time of filing a draft, proponents must designate the names and mailing addresses of two people who will represent the proponents in all matters related to the petition (CRS 1-40-104). 100.371). 168.472a). Time limit may be shorter if circulation begins late, because signatures must be submitted no later than 40 days after the legislative session ends regardless of when signature gathering began (Utah Code 20A-7-306(1)). 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). 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. The two samples must total at least 5 % of the signatures submitted. Art. 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). **Residency requirement was struck down by Term Limits Leadership Council v. Clark (1997). Withdrawal process of individual signature: Any person who alleges they signed as a result of fraud, coercion, or being intentional misleading as to the substance or effect of the petition, may withdraw their signature by filing an affidavit with the secretary of state any time before the secretary of state has accepted and filed the petition (Miss. Does the law in question take effect before the referendum vote: For the purposes of the second paragraph of Const. Const. IV, 1). On the next general election or a special election if ordered by the legislature. III, 3 and NRS 32-1407). Application process information: A sample sheet is submitted to the secretary of state before petitions may be circulated. Arizona. Reports are due 30 days before the election, one week before the election, 105 days after a special election and Feb. 15 for all contributions and expenditures not already reported (AS 15.13.110). Code 9001). 4, Pt. Const. The increase in any such appropriation for maintaining or aiding any public institution shall only take effect as in the case of other laws, and such increase or any part thereof specified in the petition, may be referred to a vote of the people upon petition (Const. General review of petition: The secretary of state will furnish ballot statements explaining the effects of a no or yes vote for the measure, which will include whether it will increase, decrease or maintain taxes (V.A.M.S. 1953, Const. If paid, must also register with the secretary of state and take training program (O.R.S. In election years, instead of biannual reports, reports are due no later than the second Monday in April, May, September and October, and no later than the Thursday before an election. Which election is a measure on: General election, but governor and legislature may call special elections (U.C.A. Next succeeding election at which the question may be voted upon by the voters of the entire state. 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. Const. Montana: Reviews done by attorney general and legislative services division. Const. This deadline pertains to when counties must submit petitions with verified signatures to the secretary of state. Repeat measures: May only be attempted once every three years (Ne.Rev.St. III, 4). Must file a statement of formation as a political action committee within 10 days of formation. Stat. Art. Seven states specify a process for withdrawing a popular referendum petition from circulation; the remaining states do not. For constitutional amendments, a majority of voters at two consecutive elections (N.R.S. 15, 273). Art. Art. 22-24-405). Const. V.A.M.S. Const. Ballot title and summary: Proponents draft and submit a ballot title in their original filing (34 OS 8). 19, 2), Who can sign the petition: Registered voters (N.R.S. Stat. Art. 273; Miss. 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. 4, Pt. These requirements vary widely, most often including newspaper publication, other public displays such as posting on the internet, or public comment periods. Verification: Sampling method that must include at least 10 % of signatures or more than 5,010 signatures, whichever is greater. Art. Subject restrictions: Referendum shall not apply to dedications of revenue, to appropriations, to local or special legislation or to laws necessary for the immediate preservation of the public peace, health or safety (Const. Law 6-207(c)). 2, 8), Conflicting measures: Measure receiving more affirmative votes is enacted (Cal.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). Art. Collected in-person: Yes (Elec. Types allowed: Direct initiative for statute and constitutional amendment, and popular referendum, Single subject rule: Yes (Ne.Rev.St. The initiative and referendum process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. Recall. Illinois: For accuracy and fairness, the attorney general may rewrite arguments for or against prepared by legislature. Initiative, referendum, and recall are three means by which the people may bring their will to bear directly on the legislative process and the machinery of government. Const. If the referendum question gains enough "yes" votes, then . Art. States also decide which election a ballot measure will be voted on and any time restrictions before a measure is placed on a ballot. Proponents submit descriptive ballot title reviewed by attorney general. MT CONST Art. Where to file: Lieutenant governor (Const. 2, 9). II, 1b and 1g; O.R.C. Must file a statement of organization as a political issues committee no later than seven days after receiving contributions or making expenditures totaling at least $750, and annually by 5 p.m. on Jan. 10 thereafter, unless it has filed a notice of dissolution. (21-A M.R.S.A. Timeline for taking effect: Effective 90 days after certification (Const. Collected in-person: Yes (O.R.C. Where to file with: Secretary of state (NDCC Const. III, 52(b)). Petition title and summary creation: Petition must include a summary of 100 words or less (MCL 168.482). * See also: 2011 N.D. Op.Atty.Gen. Of the 24 states, 18 allow initiatives to propose constitutional amendments and 21 states allow initiatives to . 19-111; 19-124). 1(9) and ARS 19-112). XVI, 4 and Elec. II, 9(b) and Elec.