Who creates petitions: The proponents (Miss. Circulator oaths or affidavits: Yes (NDCC Const. 12, 2), Mississippi (MS Const. The financial estimate committee will estimate costs and consult with the legislative revenue officer. 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). 32-1405.01). Where to file: Secretary of state (Const. Where to file with: Secretary of state (V.A.M.S. Which election is a measure on: Next statewide or special election after the legislative session concludes sine die (21-A M.R.S.A. 19, 3 and NRS 295.0575). Art. Art. The requirement may be waived by a two-thirds vote in each house of the legislature. Art. Const. Thirteen states require publication in a newspaper: Arizona, Arkansas, Florida, Illinois, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, Ohio, Oklahoma and Utah. Art. St. 32-1405.01; 32-1405.02; 32-1413). 11 5). Art. Laws providing for tax levies; appropriations for the current expenses of the state government and state institutions; and emergency laws necessary for the immediate preservation of the public peace, health or safety. Art. (IC 34-1803B). 116.060). Constitution 48, Init., Pt. Public review or notice: A public pamphlet includes the analysis prepared by the legislative council, arguments for and against and the fiscal statement. Submission deadline for signatures: Within 90 days after the adjournment of the legislative session in which the act was passed (AS 15.45.370(2)). Art. Tit. May also post in newspaper (21-A M.R.S.A. III, 52(b)). Office of the Legislative Fiscal Analyst conducts an estimate and description of funding sources. IV, 1 and NMSA 1-17-1). Proponents, but certified by state board of elections and reviewed by attorney general. Const. 5, 1). States may limit the subject matter of ballot measures. Timeline for taking effect: The first day of July after the completion of the official canvass (SDCL 2-1-12). 1953 20A-7-202.5). Secretary of state, official committee that filed and approved by attorney general. What is on each petition: Petition includes original bill number, title and affidavit signed by no more than three proponents file the measure (34 OS 1). Repeal or change restrictions: The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters (Const. ai thinker esp32 cam datasheet After certification for the ballot, the joint committee on legislative research holds a public hearing in Jefferson City to take public comments regarding the measure (V.A.M.S. II, 1g; O.R.C. Some states limit the number of sections of code or the constitution that may be altered. 2, 9; M.C.L.A. Which election is a measure on: Next state election (M.G.L.A. Art. Seventeen states have a statute in place noting that if two or more conflicting measures are on the same ballot, the measure receiving the most votes passes. Const. Popular Referendum Overview. (MGL ch. Who creates petitions: Petition filed by proponents is certified by attorney general, ballot board, and secretary of state (O.R.C. Const. 1(3)). Stat. 168.544c). Petition sponsors may not gather signatures without first forming a ballot issue committee (Elec. Art. 116.030). Through these processes, voters can adopt a change in law (an initiative), disapprove a law passed by the Legislature (a referendum), or remove an elected official from office (a recall). 2, 10; N.R.S. Public review or notice: Fiscal statement summary available at polling places, secretary of states office, and Office of Demographic and Economic Researchs website. 3, 50 and V.A.M.S. LXXXI, 4). Geographic distribution: The required signatures must be distributed equally among all of the petition districts (NRS 295.012 and NRS 293.127563). 2, 19; Amalgamated Transit Union Local 597 v. State of Washington, 11 P.3d 762 [2000]), Arkansas (AR Const. An initiative is a proposal of a new law or constitutional amendment that is placed on the ballot by petition, that is, by collecting signatures of a certain number of citizens. A petition for direct initiative that is approved by the secretary of state and submitted to the legislature must be afforded a public hearing conducted by the joint standing committee that has jurisdiction over the subject matter. To register as a paid circulator, in the past give years one cannot have been convicted of a crime involving fraud, forgery or identification theft in any state or be subject to a civil penalty due to an election offense. A voter desiring to vote in favor of the law that is the subject of the referendum shall mark the square adjacent to the word "For" (Utah Code 20A-7-309). Proponent financial disclosure requirements: Include but may not be limited to filing any PACs formed to advance the measure, limitations on total contributions, and reporting contributions received above $1,000 at various times (N.R.S. Missouri: 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. 3, 18, 20). Ban struck down by courts (RCWA 29A.84.280; LIMIT v. Maleng, 1994). Submission deadline for signatures: By midnight (NDCC 16.1-01-09(7)) within 90 days of the date the legislation was signed by the governor and filed with the secretary of state (Const. 2, 4, Pt. 15, 273 and Miss. 22-24-412). Art. In Maine, Oklahoma and Utah, the law includes additional requirements to those governing conflicting measures: In Alaska, if the lieutenant governor and the attorney general determine an act of the legislature is the same as the proposed measure, then the citizen initiative is voided (AS 15.45.210). 168.482; 168.544c). Arkansas. Where to file: Secretary of state (SDCL 2-1-3.1). 54 53). A groups name must include the title or common name of the measure if the group intends to direct more than 50% of its contributions or expenditures toward a single measure. Signatures must be filed one year prior to the election. Does the law in question take effect before the referendum vote: If a petition has signatures from 10% of the state's registered voters, it shall suspend the taking effect of such act or part of act (except emergency acts or those for the immediate preservation of the public peace, health, or safety) until the same has been approved by the electors of the state (Const. Where to file: Lieutenant governor (Const. Director of the Legislative Research Council prepares a fiscal note as requested. 116.334; 116.260). Ballot title and summary: Secretary of state in consultation with the attorney general, but the full text of the measure is included if it is not too long (NDCC, 16.1-06-09). 3503.06). Art. Sponsor, approved by secretary of state, reviewed by attorney general, 10 ILCS 5/28-5; 10 ILCS 5/16-6; 5 ILCS 20/2. 19-112), Colorado (Const. Art. The sponsor may file a written notice to withdraw the initiative with the secretary of state. Art. 3519.16. Who creates petitions: Secretary of state prepares an official template for the cover sheet and signature sheets for each petition (ORS 250.052). Proponent organization and requirements: None specified. 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). Same must also be reported quarterly on April 15, July 15, Oct. 15 and Jan.15. 1953 20A-7-202; U.C.A. Verification: Submitted to local registrars of each signer two weeks before submission to secretary of state, who establishes regulations to verify. Stat. Submission deadline of signatures: Ninety days from the official set date from the secretary of state (34 Okl.St.Ann. 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). 3517.01, .08, .10, .11, 12, .13, .20, .092, .093, .102, .105; O.H.R. Art. 53 7). 5, 2; Constitution 48, Init., Pt. Twelve% of total votes cast in last gubernatorial race for governor, V.A.M.S. 21 1). 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. 1-40-112). From 15 different counties, with each countys petition having signatures of at least half of the designated percentage of electors of the county. Const. Art. XVI, 3(b)). Code Ann. Governor may call a special statewide election for the measure. Some states place restrictions on how sponsors may pay petition circulators. Const. 16.061). Michigans constitution explicitly grants the legislature the power to amend laws approved by the people by referendum at any time (Const. Collected in-person: Yes (AS 15.45.340(a)). Art. In the United States, amendments to state constitutions also must be put before the voters for approval. These guidelines may include an application process, registering a certain number of sponsors, submitting the full text and an explanation of the measure, affidavits, the office or offices to file with, registering a proponent or opposition organization, campaign finance issues and the process for withdrawing an initiative. Each state has a unique way of handling the timeline and deadline for signature gathering. Art. Who can sign the petition: Legal voters, 18 years old, resident (U.C.A. 1(9) and A.R.S. Another 3% is required to qualify for the ballot if not enacted by the legislature after four months. Time period restrictions before placed on the ballot: There must be at least 31 days after the measure qualifies before the election (Const. 11 5). The initiative came into use at Vaud in 1845. Where to file: Secretary of state (Const. 116.060). Revised statutes now require that signatures be equally collected among all the petition districts (congressional districts). More than two elections on the same general matter cannot be held within 12 months. Art. Disclosure reports must be filed 60 days before the election, on the fifth and 20th day of each month until the election, the 20th day of November after the election and the 20th of January each year. The public may protest as to the constitutionality of the measure. II, 1g). 3, 17(3)). Art. All campaign finance activity must be conducted through a campaign finance entity. The two samples must total at least 5 % of the signatures submitted. Art. Paid signature gatherers must register with the secretary of state and pay a fee of $20 for each petition they will be paid to circulate (SDCL 2-1-1.5 through -1.9). Ballot title and summary: Ballot language is drafted by the Ohio Ballot Board (Const. Timeline for taking effect: 10 days after the official declaration of the vote (Const. 3, 3; NDCC, 16.1-01-09), Collected in-person: Yes (NDCC, 16.1-01-09). 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 (ACA 9-7-402). 116.060). 1-40-108. Recall. Art. If the legislature does not enact the statute, another round of signatures is required equaling 0.5% of votes for governor. 1-40-108). And many states include some type of public review or notice of proposed measures, as well. 905 and 1 M.R.S.A. Final deadline is not less than 120 days before the next general election. Geographic distribution: Yes. 168.471 and M.C.L.A. 48, Init., Pt. And if raising more than $5,000 in a year, the entity must register as a ballot question committee and then must file Campaign Statements and other forms with the Nebraska Accountability and Disclosure Commission, all on a set timeline (Neb.Rev.St. To share with more than one person, separate addresses with a comma. 2, 3), Michigan (M.C.L.A. 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. Amendments that propose a tax or fee not in place in November 1994 require a two-thirds vote to pass. Art. Art. 353, M.G.L.A. 5, 1). Art. Const. XI, 2). Other types of review might include recommendations on wording. 250.025). Number of signatures required: For constitutional amendments, 10 % of the votes cast for governor in the last election. Ballot title and summary: Attorney general after receiving written comments from the Legislative Research Council (SDCL 12-13-25.1). 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. Does the law in question take effect before the referendum vote: No (Const. 168.471; 168.472. The secretary assigns an official serial number to the petition and assigns numbers to petitions in numerical sequence (ARS 19-111). From each of at least 26 Utah state Senate districts, legal signatures equal to 4% for indirect or 8% for direct initiatives of the number of active voters in that district on Jan. 1 immediately following the last regular general election. If amended, expires or is rejected, it goes onto the ballot. 6, 1), Repeat measures: Two years (U.C.A. Which election is a measure on: Next general election held at least 131 days after signatures are certified. Must report name and address of donors of $50 or more. 2, 9). That means the total number of signatures required for ballot access will vary depending upon which congressional districts sponsors put together to reach the total of six . II, 9(b) and Elec. Art. Art. 293.1276 to 293.1279). 7-9-404; 405; 406; 407; 408; 409). 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. Const. Timeline for collecting signatures: Signatures may be signed at any time after an act is passed (Const. Note that all but two of these statesMaryland and New Mexicoalso have the initiative process. 101.161). Code 107, 18680. There is a 15-day cure period after a statement of insufficiency is issued by the secretary of state, and proponents may deliver additional signatures during this time. Proponent financial disclosure requirements: Statement of organization must be filed not later than 15 days after the committee made or received contributions or paid expenses in excess of $500; if such activity occurs within 30 days of an election, statement must be filed within 48 hours (SDCL 12-27-3). III, 2). Two states require supermajorities for laws that seek to alter specific topics. OH Const. If amended, expired or rejected, it goes onto the ballot. Verification: The circuit clerk of each county in which the petition was circulated will verify the name of every qualified voter who signed the petition (Miss. 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. The full title and text of the measure must be attached to each signature sheet (Const. 8), South Dakota (SDCL 12-13-25.1; 12-13-26; 2-1-1-1; 2-1-1-2), South Dakota (SDCL 12-13-25.1; 12-13-26), Alaska: AS 15.13.040; 15.13.050; 15.13.065; 15.13.110, Arkansas: A.C.A. South Dakota has a unique statute regarding pay: may pay based on hourly wage or salary, express or implied minimum signature requirements for the circulator to meet, may terminate someone's employment if they do not meet "certain productivity requirements," and may pay discretionary bonuses based on reliability, longevity, and productivity. (SDCL 12-13-28). To work in today's reality, it will need amendingsomething that lies beyond the power of the Supreme Court." [1] The following states have initiative and/or veto referendum processes at the statewide level: Alaska. General election, while petitions cannot be filed more than 65 days before the deadline. Timeline and deadlines for collecting signatures: First 10 signatures must be turned in by the first Wednesday of the September before the assembling of the general court . 116.080).. Circulator oaths or affidavit required: Yes (Mo.Rev. Art. 901), Proponent organization and requirements: Any organization supervising or managing petition circulation must register with secretary of state (21-A M.R.S.A. Art. IV, 1(3)). In every state, a constitutional amendment requires a vote of approval. Who can sign the petition: Qualified voters (Const. 4, Pt. Must also file with the secretary of state not less than four months before the election at which initiatives are to be voted on. St. 32-1407; 32-401), Ballot title and summary: Attorney general (Neb. 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. The filing procedure described in statute does not appear to apply to referendum petitions, every initiative petition for a proposed law or amendment to the state constitution (CRS 1-40-105). If raising more than $5,000 in a year, the entity must register as a ballot question committee. Where to file with: Secretary of state (NDCC Const. Art. Must file statement of organization as a PAC upon receiving contributions or making expenditures in any combination of at least $1,000 in connection with an election. For indirect initiative states, this review process involves the legislature and can be quite extensive. All 24 citizen initiative states require political organizations supporting or opposing a ballot measurealmost always considered political action committeesto follow state campaign finance laws. St. 32-628; 32-1546), Paid per signature: No ban, but must state whether the circulator is paid or volunteering on the petition (Neb. In some states, the legislature or governor may order a special election for a measure. Art. 34-1812c). A petition organizer must register with the secretary of state. Vote requirement for passage: Majority (Const. 34-1801a, 34-1804, 34-1809, Illinois: ILCS Const. 55 1, 6B, 7A, 18C, 18, Mississippi: Miss. 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). III, 3, Const. Bill No. Proponent organization and requirements: Application must designate a committee of three sponsors who will represent all sponsors and subscribers in matters relating to the referendum (AS 15.45.270). 168.482). Every state requires or offers some type of review in addition to fiscal statements. 19, 3; Nev. Rev. Then the legislature rejects or accepts the proposition unchanged (U.C.A. Art. Circulator requirements: Must be 18 years old and an Ohio resident (O.R.C. Reports are due 30 days before the election, one week before the election, 105 days after a special election and on February 15 for all contributions and expenditures not already reported. No more than one-quarter of signatures may come from a single county. 4, 5). Art. The statement may not be submitted electronically (Utah Code 20A-7-305). 3, 5; NDCC, 16.1-01-09. Art. Circulator requirements: Must be 18 years old, complete training from secretary of state and present specific identification to notary (C.R.S. 3, 17(2)). Art. Art. Twenty-four states have citizen initiative processes. Code 9006). 3, 18). Art. 7-9-111). Art. Art. General review of petition: Secretary of state, along with revisor of statutes, may reject petition application if it does not conform to drafting conventions for statutes (21-A M.R.S.A. To allow opportunity for referendum petitions, no act passed by the legislature shall be operative for 90 days after the close of the session of the legislature enacting such measure. St. 32-1405). Const. 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. Which election: Next regular or general election subsequent to the 125 days after filing (OH Const. 3519.01). III, 5(2)). Political committees must file a statement of organization. XI, 5). Art. III, 5(1) and MCA 13-27-202, Const. Allowed to pay another for their signature: Prohibited (W.S.1977 22-24-323). When formed as a ballot question committee, it must file campaign statements and other forms with the Nebraska Accountability and Disclosure Commission, all on a set timeline (NRS 49-1401). Eighteen months, but cannot start collecting more than two years before the election, and a deadline of six months before the general election. Wyoming: 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. 53 7). II, 1(b)). Proponent financial disclosure requirements: Must file a statement of organization as a political committee within two weeks of organizing or within two weeks of the date the first contribution or expenditure is expected (RCW 42.17A.205). Types allowed: Citizen initiative for statutes and popular referendum, Other subject restrictions: No restrictions (Const. Attorney general drafts ballot titles and certifies statements. II, 1(d) and RCW 29A.72.030, Next succeeding general election, unless the legislature orders a special election, Const. Art. Majority to pass: Yes (NDCC Const. 1-40-102, 1-40-105, 1-40-106, Florida: F.S.A. **Residency requirement was struck down by Term Limits Leadership Council v. Clark (1997). 1-40-105). Art. 34, 25). Const. 901), Where to file with: Secretary of state (M.R.S.A. Art. Art. Must obtain a petition entity license before circulating petitions or paying circulators. Petition title and summary creation: Proponents (U.C.A. This bill would (concise description). 2, 3). General guidance as to format and contents can be found at NRS 32-1402. Next general election held at least 131 days after signatures are certified. (21-A MRS 905). Who creates petitions: Secretary of state creates templates, including cover and signature sheets (O.R.S. Number of signatures required: For indirect initiatives submitted to the legislature, 5 % of all votes cast for all candidates for U.S. president at the last general election. Eighteen states require or provide for fiscal statements: Lieutenant governor provides a statement of costs. 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).
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