Verification: The secretary of state employs a representative random sampling by the use of questionnaires, postcards, telephone calls, personal interviews, etc., or any combinations thereof, to determine the validity of the signatures (NDCC 16.1-01-10). U.S. History Midterm Review Packet 2022.docx - NAME Const. Const. Verification: Random sampling (MCA 13-27-303). Timeline for taking effect: 30 days after the election (Const. 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. Stat. 5, 1). 74). 34-1821), Number of signatures required: Six % of the qualified electors at the time of the last general election (I.C. Skip over the Blank Pages below! What is on each petition: The cover of the petition must contain the name and address of the chief petitioners, the measure summary and a statement as to whether circulators are being paid. Art. 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. Art. Const. Next state election, and depending on type, must be submitted by September, then December, and then possibly July (see deadlines and timelines topic). Most states only allow an individual to withdraw a signature before the official filing of the petitions. Art. 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. 3, 17). Who creates petitions: Lieutenant governor provides a copy of the referendum petition and signature sheets; sponsors print additional copies (Utah Code 20A-7-304). Where to file: Secretary of state (NMSA 1-17-8). Const. 3, 52). 3, 17(1)). Withdrawal of petition: Any time more than 70 days before the election, a majority of the members of the committee that represents the petition may withdraw the petition by providing written notice to the secretary of state (ORC 3519.08). 116.180; V.A.M.S. 3, 52). No veto by governor for either measure passed by voters or legislature (M.C.L.A. 7-9-601; A.C.A. Const. Code Ann. 19-121), Submission deadline of signatures: Four months before election (A.R.S. 3519.01). Legislature or other government official review: Reviews done by attorney general and legislative services division. Const. If a person is recalled they are put back through an election. Random sample process must require the random selection and verification of 500 signatures or 5% of the total signatures on the petition, whichever number is greater, to determine what percentage of the random sample is composed of signatures that are authorized by law to be counted. II, 10(a)). Const. What did referendum and recall do? - TeachersCollegesj 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). 6; Oklahomans for Modern Alcoholic Beverage Controls, Inc. v. Shelton, Okla., 501 P.2d 1089, 1972). For statutory initiatives, must be submitted to be verified before appearing before the legislature on the second Tuesday in November in even-numbered years, or the next day. Const. Circulator oaths or affidavit required: Yes (MCA 13-27-302). Petitions must be submitted to counties for verification four weeks before this deadline (MCA 13-27-301). Vote requirement for passage: Over 50% of those voting in the general election (Const. General review of petition: The Citizens' Initiative Review Commission reviews measures and may create a citizen panel to review specific ones (O.R.S. Single subject rule: Yes (N.R.S. A.R.S. 15, Sec. Cure period for insufficient signatures: Upon notice that the petition was improperly filed, sponsors may amend and correct the petition by circulating and filing 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 in which the act was passed (AS 15.45.400). Circulator requirements: Can be out-of-state resident but must mark this on the affidavit. Art. 901, 906; 1 M.R.S.A. Secretary of state and approved by attorney general. And no measure that names an individual to hold office or names private corporation to perform any function. 168.482; 168.544c). 5, 6; 34 Okl.St.Ann. Repeal or change restrictions: No act, law or bill approved by a majority of the electors voting thereon shall be amended or repealed by the legislature within a period of two years following such enactment unless by a vote of two-thirds of all the members elected to each house. 34-1801a, 34-1804, 34-1809, Illinois: ILCS Const. What is on each petition: The format follows statute guidelines, must be notarized, must have specific language including legal warning, ballot title and abstract from fiscal impact statement (CRS 1-40-110, 1-40-105.5). 22-24-412). Vote requirement for passage: Majority (Const. Geographic distribution: The maximum number of signatures counted from any individual congressional district is one-fifth of the total number required (MS Const. The secretary of state employs a representative random sampling using questionnaires, postcards, telephone calls, personal interviews, etc, or any combinations thereof, to determine the validity of the signatures (NDCC, 16.1-01-10). Petition sheets will always include space for signatures. V, 1(3)). Const. A legislature committee also reviews the measure by a deadline (N.R.S. Withdrawal of petition: The sponsor may file a written notice to withdraw the initiative with the secretary of state (V.A.M.S. States may have the direct initiative, the indirect initiative or the choice of either. 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. 1-40-130, 1-40-111), Number of signatures required: Five % of votes cast for secretary of state in last election (C.R.S.A. The guidelines for the format and content of petitions vary by state. 901), Massachusetts (M.G.L.A. 2, 3). Ballot title and summary: Full text is printed on the ballot if it is 200 words or less; if it is more than 200 words, secretary of state drafts a title. Referendum Definition & Meaning - Merriam-Webster 1-40-108. 3501.38). Art. Art. Art. Ballot title and summary: Attorney general (Cal.Elec.Code 9004), Time period restrictions before placed on the ballot: At least 131 days prior to next general election it is to be voted on (Cal.Elec.Code 9016; Cal.Const. 23-17-17; 23-17-19, Montana: MCA 13-27-201; 13-27-202; 13-27-204; 13-27-207, Nebraska: Neb.Rev.St. Art. Art. 2). There is a filing fee of $2,000, which is refunded if the measure qualifies for the ballot within two years (Const. 34-1804, 34-1809). The state must essentially pick a point in time at which to capture a snapshot of the total number of registered voters. Fifteen % for amendments (A.R.S. 19, 2), Ballot title and summary: Secretary of state, in consultation with the attorney general (N.R.S. Art. Art. 293.250). Political committees must file reports of contributions and expenditures. Art. Vote requirement for passage: Majority (SDCL 2-1-12). Which election: The secretary of the commonwealth shall submit such law to the people at the next state election (Const. Cal.Elec.Code 9014; 9016; Cal.Const. 2, 10), Majority to pass: Yes (Cal.Const. 19, 2; N.R.S. 6, 10). Art. Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. Const. Art. Time period restrictions before placed on the ballot: At least 30 days must pass between the filing of the petition and the election (Const. III, 4). 2, 10). Prior to receiving a contribution or making an expenditure, a campaign must designate a treasurer by filing with the secretary of state. 905-A; M.R.S.A. Art. Stat. 23-17-41). 10% of the votes cast in last general election, 10% of the total number of votes cast in the last general election, or 25% to suspend operation of the act until the election, 2% of the residential population according to the last federal decennial census, 6% of the total votes cast for the office of governor in the last election, 5% of votes cast for governor in the last election, 4% of the votes cast for all candidates for governor at the last election, 5% of the total votes cast for governor at the last election, 8% of the active voters in the state on Jan. 1 following the last regular general election, Const. Law 6-202). Art. II, 9 and MCL 168.471). 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. $100; refunded if application is properly filed, Const. Circulator requirements: Must be 18 years old, complete training from secretary of state and present specific identification to notary (C.R.S. III, 2). The secretary shall direct whether this is conducted by random sampling or by verification of each signature (Mo.Rev.Stat. Recall, the device by which voters may remove public officials from office, also originates with the people. 2, 3), Who creates petitions: Secretary of state (M.G.L.A. Vote requirement for passage: Majority (AS 15.45.220). Timeline for taking effect: Upon publication of the certificate by the secretary of state of the result of the vote (Const. Art. Withdrawal process of individual signature: Must do before submitted to secretary of state (NDCC, 16.1-01-09). VI, 1 and Utah Code 20A-7-301(2)). Application must include act to be referred; statement of approval or rejection; printed name, signature, address and numerical identifier of not less than 100 qualified voters who will serve as sponsors; the designation of a referendum committee consisting of three sponsors who will represent all sponsors and subscribers in matters relating to the referendum. Const. Submission deadline of signatures: For statute initiatives, no later than three months prior to the election the measure is to be voted upon, and must submit to the county officials no sooner than nine months and no later than four weeks prior to the final deadline (MT CONST Art. If they win they keep their seat for the remainder of their term, if they lose they are removed from their term immediately. 295.055; 295.009, North Dakota: NDCC, 16.1-01-07; 16.1-01-09, Ohio: OH Const. 1-40-102, 1-40-105, 1-40-106). 100.371). Must file a statement of formation as a political action committee within 10 days of formation. 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706, Washington: RCWA 29A.32.010; 29A.32.031; 29A.32.040; 29A.32.070; 29A.32.080, Arkansas (Arkansas Const. 3, 18, 20. Art. V, 3). States may apply a single-subject rule or other restrictions. Eighteen states require or provide for fiscal statements: Lieutenant governor provides a statement of costs. 2, 10), Timeline for taking effect: Day after the election unless otherwise specified (Cal.Const. 2, 9; Const. The ballot title may be distinct from the title of the law that is the subject of the petition. Art. Must report name and address of donors of $50 or more. Arkansas: Exact petition copy filed with secretary of state (A.C.A. 11 5). Circulator oaths or affidavits: Yes (34 Okl.St.Ann. 12; 25). Which election is a measure on: General election (F.S.A. 7-9-111). Const. Conflicting measures: The measure receiving a majority of the votes passes (RCWA Const. Withdrawal of petition: File a letter with secretary of state, signed by designated representatives, no later than 60 days prior to the election (C.R.S.A. Legislature or other government official review: No additional review. 2, 10; N.R.S. XVI, 4 and Elec. Withdrawal process of individual signature: Voter may withdraw signature by submitting to the secretary of state, before the petition is filed with the secretary of state, a sworn statement requesting that his or her signature be withdrawn and affirming the name of the petition signed, the name the voter used when signing the petition, the address of the voter and the county of residence (Mo.Rev.Stat. Art. V, 1(4)(a)). 168.473b). Collected in-person: Yes (Wyo. Submission deadline of signatures: For direct initiatives, April 15 immediately before the next general election (U.C.A. No filing fee is specified (Mo.Rev.Stat. Proponent organization and requirements: Not specified. Details on who or which offices write the title and summary are listed below: Cal.Const. 2, 8). Art. 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. Campaign statements must be filed by the 11th day before the election, the thirtieth day after the election, April 25 and July 25 every year, Oct. 25 in odd-numbered years. 1953 20A-7-206). Mississippi: Attorney general may confer with proponents and may recommend revisions. Reports of contributions and expenditures are due on the 21st and seventh days immediately preceding an election and the 10th day of the first full month after an election. Collected in-person: Yes (Utah Code 20A-7-303(3)). Other subject restrictions: If there are insufficient state funds and the measure does not provide a source, it is effective 45 days after next regular legislative session (M.R.S.A. III, 3). 15, 273 and Miss. 100.371, 106.03; Rule 1S-2.009). 1). 1. Must include the language a committee for/against Proposition __ in any reference to the committee required by law. Advantages and disadvantages of the citizens' initiative instrument Art. Three or more registrars must certify the petitions and follow other rules as per administrative regulations 950 CMR 55 (M.G.L.A. M.G.L.A. 2, 19; Amalgamated Transit Union Local 597 v. State of Washington, 11 P.3d 762, 2000), Other subject restrictions: None (RCWA Const. Art. 5% of the whole number of votes cast for governor in the last election. Then, the legislature rejects or accepts the proposition unchanged. Art. Does the law in question take effect before the referendum vote: The sections of a law subject to a referendum do not. Arizona: Const. XVII, 1; Art. For constitutional amendments, from 44 of 88 counties, signatures from 5% of the votes cast for governor in each county in the previous election. If the attorney general does not approve of the statement, they prepare one themselves (MCA 13-27-312). Rev. Repeal or change restrictions: A measure approved by the electors may not be repealed or amended by the legislative assembly for seven years from its effective date, except by a two-thirds vote of the members elected to each house (NDCC Const. 11 3). Petition title and summary creation: Original filing includes a summary written by sponsors; approved by attorney general (ORC 3519.01(B)). June 22, 2022; a la carte wedding flowers chicago; . ), Payment on a per-signature basis prohibited. Art. Timeline for taking effect: Thirty days after governor proclaims election results, which happens within 10 days after the vote has been canvassed and determined. 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. In the others, the measure goes directly to the ballot after it is submitted to the legislature. 2, 24). 3, 52). 23-17-29). 15, 273). Art. Who creates petitions: Sponsors (A.C.A. 2, 8. Accessible across all of today's devices: phones, tablets, and desktops. 250.015; 250.052; 250.045, South Dakota: SDCL 2-1-1.1; 2-1-1.2; South Dakota Administrative Rules 5:02:08:07, Wyoming: W.S.1977 22-24-304; 22-24-310; 22-24-311, Maine (M.R.S.A. Clerks check the names, verify they are 18 or older, and determine if they are a registered voter. answer choices. 1b), Repeal or change restrictions: No veto by the governor (OH Const. At general elections except when a special election is ordered by the legislature, and must be filed at least six months before the election it is to be voted on. 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. Const. 7-9-111. 353). XVI, 1; O.R.C. Const. Const. and the remainder of the required signatures shall be filed not later than the first Wednesday of the following December. After review by legislature, the second 0.5 percent of signatures are to be collected between mid-May and July and must be submitted to the local registrars two weeks before submission to the secretary of state. 3, 18, 20). For amendments, 10 % of the total qualified electors of the state (MT CONST Art. 3, 50 and V.A.M.S. Const. Art. II, 1c and 1g). Timeline for collecting signatures: Signatures may be signed at any time after an act is passed (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. 250.065), Time period restrictions before placed on the ballot: Four months prior to the general election (OR CONST Art. Code 18603). Seven years (or two-thirds vote prior to seven years), Two years (or two-thirds vote prior to two years). 16.061). Art. Allowable uses of funds by ballot measure committees are specified at Elec.
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