initiative referendum and recall are examples of quizlet

2, 24). 116.080). Const. In order to suspend effectiveness of the act pending a vote, signature requirement is 10% (Const. Art. 5, 57; Art. 116.320). Number of signatures required: 15% of the total vote cast in the last election (Const. Only one state does not require this type of action: Before a measure is placed on a ballot, states decide which election it will appear on, how the ballot title and summary are created and any time restrictions involved. Year Established: process adopted 1912, but laws specifying mechanics of process not adopted until 1933. 295.056). Tit. Withdrawal process of individual signature: A signature may be removed by the signer upon written application to the election authority with which the petition will be filed if the application is received by the election authority prior to the filing of that signature, or prior to the filing of that signature by the circulator who attested to that signature or by the sponsor of the petition, if it is concluded that the signature does not satisfy the requirements of this title (Elec. 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). Const. Petitions must be submitted no later than 5 p.m. 90 days after the final adjournment of the legislative session. 3519.16). A handful require that each signature be individually verified, including Nebraska (NRS 32-1409), Ohio (ORC 3519.15), Oklahoma (OK Stat. Who creates petitions: Sponsors (Elec. For statute, 8% of total votes cast for governor in last general election. Art. Geographic distribution: 3% of the votes cast for the office of governor in the last election in half of the counties each (OH Const. Ten states have at least one government official draft or review the petition title and/or summary. 3, 4). 2, 8). 3599.14). Conflicting measures: The amendment which receives the greatest number of affirmative votes shall be paramount in all particulars as to which there is conflict even though such amendment may not have received the greater majority of affirmative votes (Neb. Art. If legislature amends, it does not go into effect until the original is rejected by the voters. 19-111; 19-124). Const. II, 1(d)). ", Miss. 19, 1). Art. III, 3). Pamphlet contains one-sentence statements describing the effect of a "yes" or "no" vote prepared jointly by the attorney general and the state secretary (M.G.L.A. Conflicting measures: If the governor believes that two approved laws, or parts laws, are entirely in conflict, they proclaim the measure to be law that has received the greatest number of affirmative votes (U.C.A. Attorney general writes title and summary if original is challenged in court (F.S.A. Code 9607). Rule 2.79; Oklahoma Ethics Commission's Guide for Political Action Committees, Oregon: O.R.S. Art. Withdrawal process of individual signature: None, "An elector's name may not be removed by the elector from a petition that has been submitted to and received by the secretary of state" (NDCC 16.1-01-09(5)). Code 84200.8). Const. North Dakota: The secretary of state reviews and if the office deems it insufficient, the committee of petitioners has 20 days to correct it. 116.030 and .050; includes warning to signers, bill number and title, circulator's affidavit, and full text of the measure. Collected in-person: Yes; petition includes language verifying that each person has "personally signed" (RCW 29A.72.130). Art. Art. 1-40-116). States also decide which election a ballot measure will be voted on and any time restrictions before a measure is placed on a ballot. Oklahoma: If neither receives a majority, the one receiving more votes will be resubmitted to the next general election by itself if it received at least one-third of the total votes cast for or against the two measures. 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 % of signatures are to be collected between mid-May and July. 48, Init., Pt. States sometimes limit how soon a measure can be re-attempted. Art. 7-9-104; A.C.A. Art. II, 1g; Art. Art. Application process information: The sponsor must file a printed petition part with the secretary of state in the exact form that will be used for signature gathering (A.C.A. Proponents then file the measure with the secretary of state (I.C. Which election: Next general election at least 31 days after the measure qualifies or at a special statewide election held prior to that general election; the governor may call a special statewide election for the measure (Const. 3, 1; SDCL 2-1-6). 6). Where to file with: Legislative Research Council, attorney general and secretary of state (SDCL 12-13-25.1; 12-13-26). 116.334). Art. Circulator requirements: At least 18 years old,a Utah resident and paid circulators must wear badges (Utah Code 20A-7-303(3)). II, 1 (b) and RCW 29A. Rule 2.79; Oklahoma Ethics Commission's Guide for Political Action Committees). III, 5(1)). 15, 273; Miss. 14, 3 and see Coalition for Political Honesty v. State Board of Elections (1976)). Code Ann. Acts making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act. 250.045; 250.048). 3, 52). Additional stipulations: In Idaho and Nebraska, the law states that the entire measure might not be superseded and that only conflicting parts of the measure may supersede one another. V, 1(4)(a)). Art. Art. See Elec. Art. Verification: Random sampling (MCA 13-27-303). Majority to pass: Yes (M.R.S.A. Application process information: Submit draft of proposed initiative to legislative council and office of legislative legal services for review and comment. Paid per signature: Cannot pay based on signature total collected. 3, 50), Other subject restrictions: No appropriations or other new revenues not provided for in the measure (V.A.M.S. Secretary of state and approved by attorney general. 5, 11; MACo v. The State of Montana, MT 267, 2017). Art. IV, 1(4)). The secretary assigns an official serial number to the petition and assigns numbers to petitions in numerical sequence (ARS 19-111). A petition's sponsor must file a campaign finance report at the time a petition is filed under 6-205 and a committee opposing a ballot measure must file a campaign finance report within 10 business days after the petition is filed under 6-205 (Elec. IV, 1). Petition includes the title of the referred law. XLVII, Pt. Proponent organization and requirements: A group of no more than three people is designated to be the chief proponents at the time of original filing (34 OS 1). Timeline for taking effect: 10 days after the official declaration of the vote (Const. Stat. Rev. Const. Code 23-17-37), Thirty-five percent in Nebraska (Ne.Rev.St. Alaska: 1956Arizona: 1911Arkansas: 1910California: 1911Colorado: 1912Florida: 1972Idaho: 1912Illinois: 1970Maine: 1908Massachusetts: 1918Michigan: 1908Mississippi: 1914Missouri: 1908Montana: 1904Nebraska: 1912Nevada: 1905North Dakota: 1914Ohio: 1912Oklahoma: 1907Oregon: 1902South Dakota: 1898Utah: 1900Washington 1912Wyoming: 1968. Art. Public review or notice: Secretary of state prepares and distributes voter pamphlets to each household in the state and other locations (RCWA 29A.32.010; 29A.32.031; 29A.32.040; 29A.32.070; 29A.32.080). 2, 9; Const. Circulator requirements: Must be age 18 or older and resident of Ohio (I.C. Const. Subject restrictions: May not be applied to appropriations of money (Const. Art. Art. 4), Michigan (M.C.L.A. 34, 6.1) and Utah (Utah Code 20A-7-306(3) and -306.3). 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)). Citizens come up with and vote on their own laws Pros: 1. For constitutional amendments, generally take effect upon passage (Opinion of the Justices (1972) 287 N.E.2d 910, 362 Mass. 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206). 19, 3; N.R.S. All 23 popular referendum states require a simple majority to pass a popular referendum. 901 and 1 M.R.S.A. Petitions must be filed within 90 days after the adjournment of the legislative session at which the act was passed. Types allowed: Direct citizen initiative for statutes and amendments and popular referendum, Single subject rule: Yes (C.R.S.A. III, 6). Prior to receiving a contribution or making an expenditure, a campaign must designate a treasurer by filing with the secretary of state. Geographic distribution: 5% in each of two-thirds of the congressional districts (Const. Art. Art. Circulator oaths or affidavits: Yes (V.A.M.S. Art. 187; Okl.St.Ann. 116.334). Art. Where to file: Secretary of state (Const. (21-A MRS 905). Which election is a measure on: A referred measure may be voted upon at a statewide election or at a special election called by the governor (NDCC Const. 353, 354). Paid per signature: No ban found. Art. 4, ; Const. IV, 1). Which election: General election (SDCL 2-1-17). Law 16-401(a)(1)). Which election: General election, or at a special election ordered by the general assembly (Const. 295.0575). Campaign statements must be filed by the 11th day before the election, the 30th day after the election, April 25 and July 25 every year and October 25 in odd-numbered years. For indirect statutory initiatives, signatures must be collected from at least 44 of 88 counties, equaling 1.5% of the votes cast for governor in each county in the previous election. Collected in-person: Yes, in the presence of the circulator (IC 34-1807). Petition title and summary creation: Original filing includes a summary written by sponsors; approved by attorney general (ORC 3519.01(B)). III, 4). For collection, if the petitions were filed at least 165 days before the election and the signatures are deemed insufficient, they may collect more, and deadline of four months prior to the general election. 3, 19). 15, 273). Who creates petitions: Secretary of state (N.R.S. 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). It must be accompanied by a notarized form including the names and addresses of the petition sponsors and the statement of organization provided at 12-27-6 (SDCL 2-1-3.1). 5, 2; Constitution 48, Init., Pt. Art. Art. Proponents are required to ensure that all circulators receive instruction on the requirements and prohibitions imposed by state law with respect to signature gathering (Elec. III, 5(1)). Who creates petitions: Proponents with advising by attorney general (Cal.Elec.Code 9012), Fiscal review: Prepared by attorney general, department of finance and the legislative analyst office (Cal.Elec.Code 9005; Cal.Gov.Code 12172). 1953 20A-7-202), Proponent organization and requirements: At least five sponsors must apply (U.C.A. Submission deadline of signatures: Four months prior to the general election (OR CONST Art. Ten states allow the legislature to alter or change measures without any time limits or supermajority requirements: Seven states have supermajority requirements for changing a measure (the other states require only a regular majority, although some enforce a time period). Art. Ohio: Reviewed by attorney general and Ohio ballot board, which also writes pro or con statements if not supplied. Which election: Statewide or a special election called by the governor (Const. Art. Art. Art. Art. A full copy of the measure must be attached. Only regular state, congressional and municipal elections, and filed at least four months before election. 168.472), Oklahoma (OK Const. IV, 1 and NMSA 1-17-1). 5, 1). Art. 250.025). Additional signatures are needed then. Between 90 and 110 %, every signature is verified (C.R.S.A. 21. Proponent financial disclosure requirements: In order to receive contributions or make expenditures in excess of $1,500 in a calendar year, must form a committee for political action and register with the secretary of state (NRS 294A.230). 19, 1 and NRS 295.045). 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). LXXIV, 2 and M.G.L.A. A yes vote approves the referred act, and a no vote rejects it. 4, 1, Pt. 3, 20), Verification: Certified by the registrar (21-A M.R.S.A. Eighteen months for collection, and then sponsors must submit signatures no later than six months before the election and can only start collecting the day after the previous general election. Direct democracy is the term we in government use to describe the ability of the voters to take matters into their own hands. III, 1). 3519.01). 1953 20A-7-204). Art. Geographic distribution: Under court challenge. LXXXI, 4). Vote requirement for passage: Over 50% of those voting in the general election (Const. Circulator oaths or affidavit required: Yes (MCL 168.482 and .544c). Att'y Gen. No. Neb. Pre-election statements must be filed 40 and 12 days before the election (Govt. Art. And requires full disclosure of campaign staffers (21-A MRSA 1051 et. An amendment requires at least one-fourth of members to support to get onto the ballot. 3, 3; NDCC, 16.1-01-09), Collected in-person: Yes (NDCC, 16.1-01-09). Art. 19-121), Submission deadline of signatures: Four months before election (A.R.S. Circulator requirements: Registered voter (RCW 29A.72.120 and .130). Code 107). 1953 20A-1-201; 20A-1-203; 20A-7-206). Majority to pass: Yes (OH Const. A legislature committee also reviews the measure by a deadline (N.R.S. Timeline for taking effect: On and after the 30th day after it the initiative was approved by voters unless otherwise specified (RCWA Const. Art. Art. 23-17-57), Number of signatures required: Twelve % of the total votes cast in the last gubernatorial race for governor (MS Const. 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. Art. And must be filed four months before election. 116.030). Art. Stat. 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. 2, 2; M.G.L.A. Circulator oaths or affidavit required: No. II, 1e). Fiscal review: State auditor prepares, and proponents may submit proposed review (V.A.M.S. Petitions must be filed 90 days after the final adjournment of the session in which it was passed, except when a recess or adjournment shall be taken temporarily for a longer period than 90 days, in which case such petition shall be filed not later than 90 days after such recess or temporary adjournment. Allowed to pay another for their signature: Prohibited (A.C.A. Art. Petitions must be submitted to counties for verification four weeks before this deadline (MCA 13-27-301). Who creates petitions: Secretary of state reviews the petitions (SDCL 2-1-1.1; SDCL 2-1-1.2). Who creates petitions: The secretary of state creates the form and the petitions at the expense of the sponsors (W.S.1977 22-24-310; 22-24-311). Submission deadline for signatures: No later than six months after the adjournment of the legislature which passed the act (Const. 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). Petitions must be submitted not later than 90 days after the final adjournment of the legislature; if that deadline falls on a Saturday, the office of the secretary of state must be open from 8 a.m. to 5 p.m.. Const. After translating an article, all tools except font up/font down will be disabled. What is on each petition: Must follow form per statute, include full text of the measure, follow paper requirements, and printing instructions and internet posting requirements (MCA 13-27-201; 13-27-202; 13-27-204; 13-27-207). 23-17-47; 23-17-49; 23-17-51; 23-17-53). The first statewide general, special, special runoff, or primary election after the petition has been filed, a legislative session has convened and adjourned, and a period of 120 days has expired since the adjournment of the legislative session. Art. 4, Pt. 293.250). 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. Legislature or other government official review: Proponents may get help drafting from Office of Legislative Council. If the people are dissatisfied with and want to change the actions of government, or if the government wants to get public approval for a given policy, these three devices are available. 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. 7-9-104), California (Cal.Elec.Code 9001, 9004; Cal.Const. For citation information, please contact the NCSL Elections and Redistricting team. 32-1405.01). Ballot title and summary: Attorney general. Ballot title and summary: Lieutenant governor drafts a title which is limited to 25 words and must indicate the general subject area of the act and a "proposition" of not more than 50 words for each section that gives a true and impartial summary of the act being referred (Const. The veto power may be exercised only against entire bills, and it may not be exercised upon sections of bills except in the case of appropriation bills (1963 Alas. Democracy Definition Examples Cases Processes. Amend. These serve as the ballot title (MCA 13-27-312). 21 1 and CV160314-SA), Other subject restrictions: If includes expenditures, must also include sufficient increased revenue sources that cannot come from general fund (A.R.S. Const. Petition title and summary creation: No separate title, and a simple "statement of the gist" of the measure is included on the petition (34 Okl.St.Ann. Eighteen states require proponents to file application materials with the states secretary of state: Two states require proponents to file application materials with the lieutenant governor: Five states require proponents to file application materials with the attorney general: Four states require filing with another entity: None listed, but must register organization with board of elections. Rev. Proponent financial disclosure requirements: Prior to receiving a contribution or making an expenditure, a campaign must designate a treasurer by filing with the secretary of state (ORC 3517.10(D)). Art. 2, 3; M.G.L.A. The ballot title may be distinct from the title of the law that is the subject of the petition (Utah Code 20A-7-308). . Art. Amend. Who can sign the petition: Legal voters (IC 34-1805 and -1814). 54 53). III, 5(2)). 5, 5; M.G.L.A. Circulator oaths or affidavit required: Yes (ORS 250.045(10)). But these devices, like the recall, are legal only in certain states and municipalities, not at the national level. Const. NDCC 16.1-01-12(1)(j), 16.1-08.1-02, 16.1-08-03. Registration must include the circulator's full name, residence address, phone number and email address; the petition for which the circulator will gather signatures; a statement that the circulator consents to the jurisdiction of the courts of Arizona in resolving any disputes concerning the circulation of petitions by the circulator; the address of the committee in Arizona for whom the circulator works and will accept service of process related to disputes; a notarized affidavit by the circulator (ARS 16-118). II, 1b). 23-17-45). 8). Const. 116.060). 5, 3; 34 Okl.St.Ann. Circulator requirements: U.S. citizens, 18 years of age or older and a resident of the state as determined by AS 15.05.020 (AS 15.45.335). The chief petitioners must notify the secretary of state that at least one person will be paid, and it will say this on the petitions. St. 32-630 and -1404), Nevada (N.R.S. General review of petition: None other found. Ohio ballot board; proponents may suggest title. Timeline for collecting signatures: Two years (Neb.Rev.St. 19-111), Proponent organization and requirements: Must follow financial guidelines, including non-candidate committee to act as sponsor, designating chair and treasurer, sworn statements, spending reports, bank account established, quarterly and pre-election reports (A.R.S. 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. Petition title and summary creation: Secretary of state drafts a short and concise statement that fairly represents the proposal; approved by the attorney general (NDCC 16.1-01-09). Legislature may amend with three-fourths vote but only to further the purpose of the measure (A.R.S. Where to file: Secretary of state (Const. Timeline for taking effect: Thirty days after the election at which it was approved (Const. . 48, Init., Pt. Const. 7-9-105), Withdrawal process of individual signature: No statute. Public review or notice: The secretary of state and county clerks post items to the secretary of states website and newspapers. What Are The Different Types And Forms Of . Art. 1-45-103, 1-45-108.3, 1-45-111.5 1-45-117). Proponents, but certified by state board of elections and reviewed by attorney general. Fiscal review: Director of the Legislative Research Council prepares a fiscal note as requested (SDLC 2-9-30; 2-9-31; 2-9-34). Ballot title and summary: The title of the statute or resolution must be set out on the ballot, and the question printed upon the ballot for the information of the voters must be as follows: Shall the statute (setting out its title) be approved? (NRS 295.045). St. 32-1405.01; 32-1405.02; 32-1413). The following is not a legal, comprehensive list of every campaign finance law governing the referendum process in each state but is rather a basic summary and starting guide for where to find relevant statutes. 48, Init., Pt. A simplified explanation of the initiative process follows. Political committee must file a statement of organization. 22-24-410). Art. 21 1; A.R.S. 32-1401; 32-1405; 32-628; 32-1403). XVI, 2). 48, Init., Pt. 116.120). 6, 22), Other Subject restrictions: No restrictions (See U.C.A. What is on each petition: Petition contains bill number, title of the act, signers statement and warning to signers and circulator verification (Utah Code 20A-7-303). Art. 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. So as a whole, the free. In 2002, NCSL published Initiative and Referendum in the 21st Century, an in-depth study on initiatives and referenda that includes recommendations for policymakers. 116.332). For amendments, 10% of total votes cast for governor. Art. The ordinance is suspended from becoming effective pending the outcome of the election. May amend the initiative with three-fourths vote, but may only amend to further the purpose of the measure. Collected in-person: Each person must sign "in his own proper handwriting" (NMSA 1-17-1). Geographic distribution: The required signatures must be distributed equally among all of the petition districts (NRS 295.012 and NRS 293.127563). 1953 20A-7-204.1). 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). Types allowed: Direct and indirect initiatives for statutes, and popular referendum, Single subject rule: Yes (U.C.A. Fiscal review: The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the secretary of state, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau (N.R.S. XVI, 5(b) and Elec. Art. Reports of contributions and expenditures are due on a quarterly basis. Art. Constitution 48, Pt. Code 82013, 84101, 84107, 84200, 84200.8, 84202.3 and Elec. Art. Timeline for collecting signatures: Signatures may be collected as soon as petition is approved and must be submitted to counties four weeks prior to the deadline (MCA 13-27-301). Either way, the measure is put before the people (MS Const. 19-125), Time period restrictions before placed on the ballot: No statute, Conflicting measures: The measure that receives the greatest number of affirmative votes (A.R.S. Art. 1b), Repeal or change restrictions: No veto by the governor (OH Const. Art. Const. Attorney general writes title and summary if original is challenged in court.

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