Circulator requirements: 18 years of age (34 OS 6). Form of petition specified (M.C.L.A. 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 . 3519.01; 3519.02; 3513.10). . 116.030) and secretary of state drafts a ballot title which appears on the petition (Mo.Rev.Stat. II, 1g). 19, 3; N.R.S. 1953 20A-7-202.5). An act referred to the people that was in effect at the time of the election and is approved by the people remains in effect. 3501.38). 3519.01). The majority of PACs represent Verification: The secretary of state may use any statistical sampling techniques for this verification and canvass which have been adopted by rule as provided by chapter34.05RCW. III, 2). 34-1813). 250.125; 250.067; 250.127, Utah: U.C.A. 3, 4). 35. Circulator oaths or affidavit required: Yes (Const. Timeline for taking effect: Upon publication of the certificate by the secretary of state of the result of the vote (Const. Repeal or change restrictions: May repeal or alter a statute at any time. Art. Must submit full text and title, and statement as to the use or not of paid circulators (U.C.A. 5, 1; A.C.A. When a change is proposed to the State or Commonwealth Constitution, a referendum is held to gauge the opinion of electors about the proposed change. Submission deadline for signatures: Not less than four months prior to the next general election (Const. 19-112). c. develop the issues on which the candidate will focus. And must be filed four months before election. Art. 187; Okl.St.Ann. If the attorney general does not approve of the statement, he or she prepares one themselves (MCA 13-27-312). Where to file: Secretary of state (Const. Art. Reports of contributions received, and expenditures made must be filed at least seven days before any primary, special or general election (Wyo. Proponents must file reports of payments made to signature gatherers. For indirect initiatives, about nine months (proposed measure submitted within 10 months of the session it is to be submitted at with a deadline of 10 days before the session). Where to file: Attorney general (Elec. Before the 1890s, who was responsible for printing election ballots? Collected in-person: Yes (U.C.A. 2, 8, 12). Petition title and summary creation: The secretary of state (W.S.1977 22-24-310). Amend. 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. Thirteen of the 23 popular referendum states have geographic distribution requirements for petition signatures. 5, 11; MACo v. The State of Montana, MT 267, 2017). A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. 100.371; 16.061). b. consensus mark. Petitions must be submitted to counties for verification four weeks before this deadline. Stat. Const. 3, 52(e) and Wyo. Amend. 4, 1, Pt. 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. 901 and 1 M.R.S.A. Referendum :: California Secretary of State c. split ticketing. 19, 1), Proponent organization and requirements: Must file any PACs formed to advance the measure and authorize no more than three people to withdraw or amend the petition (N.R.S. The states vary in the number and the baseline used to determine the number of signatures required. II, 9). Note on Mississippi : Mississippi has an initiated constitutional amendment process, including a signature distribution requirement based on five congressional districts. Disclosure of advertisements is required. II, 9(c)). Each state has a unique way of handling the timeline and deadline for signature gathering. 11 3), Collected in-person: No direct statute (F.S.A. From official summary date by attorney general, 180 days to collect and must be filed at least 131 days prior to the next general election the measure is to be voted on. 3, 52). Public review or notice: The attorney general shall provide a 10-day public comment period after the release of draft title and explanation and revise accordingly after the comment period closes. Subscribe to America's largest dictionary and get thousands more definitions and advanced searchad free! 14, 9; MCA 13-27-503; 13-27-504). Geographic distribution: 15% of the total vote cast in the last election in at least of two-thirds of counties (Const. 3519.08). No. Petition title and summary creation: Title board, comprised of secretary of state, attorney general and director of the office of legislative legal services (C.R.S.A. Timeline for collecting signatures: Signatures may be signed at any time after an act is passed (Const. General review of petition: None other found. Grounds for denial are improper form, insufficient sponsors, or more than 90 days have passed since adjournment of the session (AS 14.45.310). Some states also include signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional. 22-24-306 (W.S.1977 22-24-314). Art. If a congressional district has 110 % of the needed valid signatures, the petition qualifies in that district. 168.544c). 295.055; 295.009). Circulator requirements: Must be Montana resident (MCA 13-27-102; 1-1-215), Circulator oaths or affidavits: Yes (MCA 13-27-302), Paid per signature: Cannot be paid based on the number of signatures collected but can be paid in general (MCA 13-27-102; 13-27-112). Art. 19, 3; N.R.S. Art. Constitution 48, Init., Pt. 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. C.R.S.A. Stat. Circulator requirements: To register as a paid circulator, in the past five years one cannot have been convicted of a crime involving fraud, forgery, or identification theft or have been subject to a civil penalty due to an election offense. 1-40-111), Withdrawal process of individual signature: Written request prior to submission of signed petitions (C.R.S.A. Art. Stat. Verification: Not specified: "The Secretary of State shall determine the validity of the petition and issue a written decision stating the reasons for the decision within 30 days from the date of filing of a written petition." Most common are requirements that they be at least 18 years of age, a citizen, a registered voter and/or a resident of the state. Art. Const. 3, 51). All states require proponents of a popular referendum to follow guidelines. IV, 1). XLVII, Pt. Where to file with: Secretary of state (MCA 13-27-202). Verification: The secretary of state may verify the signatures on the petition by use of random sampling (Mo.Rev.Stat. Art. a. the fact that unlike Nixon, Kennedy hired a professional political consultant. Out-of-state committees that make expenditures supporting or opposing ballot propositions in Washington are required to file reports. II, 1(c)). General review of petition: None other found. Where to file: Secretary of state (Const. b. plurality If a petition is insufficient, a period of 20 days is allowed for correction. Legislature or other government official review: No additional review. 1953 20A-7-203). Tit. General review of petition: For accuracy and fairness, the attorney general may rewrite arguments for or against prepared by legislature (5 ILCS 20/2). b. the Internet Art. Board of Election commissioners and then certified to the secretary of state. 905-A; M.R.S.A. Art. Const. Final deadline (this is for counties to transmit verified petitions to the secretary of state) is not less than 120 days before the next general election (Const. For statutory initiatives, 2% of residential population according to the last federal decennial census. V, 3). III, 4; Neb. 2, 3, Michigan: M.C.L.A. b. at least 40 percent of all votes cast Rev. Does the law in question take effect before the referendum vote: Suspended upon filing of petition signatures (Const. Art. II, 1(d) and RCW 29A.72.030 and .160. Where to file: Attorney general, then petition goes to secretary of state (Cal.Elec.Code 9001, 9004; Cal.Const. It made gerrymandering illegal. None specified for title, and summary "prepared by the person authorized by law. a. conduct opinion polls. Next general election at least four months after filing the signatures. V, 1(4)(a)). Reports of contributions and expenditures are due quarterly in calendar years without elections. Prepared by joint legislative budget committee staff. Art. Art. 16.061). 2, 2; see also M.G.L.A. A statement of 100 words or less by secretary of administration and finance regarding fiscal consequences of the measure. 34-1809), Time period restrictions before placed on the ballot: Must file by the May before the election the measure is to be voted on (I.C. If a congressional district has 90 % of the needed valid signatures, the petition fails in that district. Art. Art. Art. Art. III, 3). What is on each petition: The statement written by the secretary of state and the full text of the measure must be included (NDCC 16.1-01-09). This may result in the adoption of a new policy or specific law, or the referendum may be only advisory. Submission deadline of signatures: For direct initiatives, April 15 immediately before the next general election (U.C.A. II, 1e). 353). Art. XLVII , Pt. 54 53). For constitutional amendment direct initiatives, the date is Sept. 1 of the year preceding the election year (N.R.S. Art. Paid per signature: Yes (CRS 1-40-135(2). 1-40-106). can tune out. Wyoming: Const. 354). Const. Art. Subject restrictions: Laws passed by a two-thirds vote of the members of each house are not subject to referendum (Const. 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. Art. IV, 1(4)). Art. 295.056. Legislature or other government official review: 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. Alaska prohibits payment in excess of $1 per signature. 22-24-407). Art. Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. 34, 1, Const. The second question was to determine whether two references in the Australian Constitution, which discriminated against Aboriginal people, should be removed. 14, 3, 10 ILCS 5/28-2), Who creates petitions: Proponents, no statute (see 10 ILCS 5/16-6; 5 ILCS 20/2). 7-9-107). 34-1801a, 34-1804, 34-1809, Illinois: ILCS Const. The ballot title may be distinct from the title of the law that is the subject of the petition (Utah Code 20A-7-308). Federal courts have invalidated payment-per-signature bans in Colorado, Idaho, Maine, Mississippi, Ohio and Washington. If legislature amends, it does not go into effect until the original is rejected by the voters. Art. Art. No more than one-quarter of signatures may come from a single county. Art. Details on who or which offices writes the title and summary are listed below. 23-17-60). preferences of candidates, rather than the candidates' personalities. II, 1(b)). V, 1(3), "The filing of a referendum petition against any item, section, or part of any act shall not delay the remainder of the act from becoming operative.". Timeline for collecting signatures: Within 316 days after the day on which the application is filed,within 30 days after the day on which the first individual signs the initiative packet or the April 15 immediately before the next regular general election immediately after the application is filed (U.C.A. Where to file: Secretary of state (Const. II, 1b). In calendar quarters with an election, additional reports are due 10 days before the election and 15 days after the election. Who creates petitions: Sponsors create the petition. Const. Art. II, 1g; O.R.C. Art. Art. Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). 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. Const. 7-9-111). For initiated state statutesorveto referendums, signatures must be gathered from 5% of qualified electors in each of one-third (34) of the state's 100 legislative districts. Recall referendum: A procedure to remove elected officials before the end of their term of office. Const. Application process information: Any legal voter of the state may file with the secretary of state a legible copy of the part of such act on which a referendum is desired, an affidavit that the sponsor is a registered voter and a filing fee in an amount to be established by the secretary of state (RCW 29A.72.010). c. business and professional groups. Who can sign the petition: Registered voters (Const. It fails if under 90 % and qualifies if at least 100 % (N.R.S. Art. Art. 5, 3; 34 Okl.St.Ann. Art. 116.180). Procedures vary from state to state, but in general if the legislature has not adopted the proposal, the initiative question goes on the ballot. 5, 1). 29. Collected in-person: Yes (W.S.1977 22-24-312). Next state election, if 60 days intervene between the date when such petition is filed and the date for holding such state election; if that is less than 60 days, then the law must be submitted to the people at the next state election, unless it is repealed before then. Amend. The secretary of state will also conduct at least one public hearing in each congressional district on each ballot measure (Miss. Cal.Elec.Code 9005; Cal.Gov.Code 12172. b. gerrymandering Application process information: Petition must be presented to secretary of state for approval as to form. Who can sign the petition: Qualified electors and every person who is a qualified voter (Const. 19-101(A), Maryland: Const. Proponent financial disclosure requirements: Must obtain a petition entity license before circulating petitions or paying circulators (CRS 1-40-135(2)). 2, 9; M.C.L.A. 293.252). 5, 1). Petition includes the title of the referred law. 48, Init., Pt. An amendment requires at least one-fourth of members to support to get onto the ballot. Art. 67-6602, 67-6607). Attorney general, after receiving written comments from the Legislative Research Council. Const. 116.090). Since the U.S. Constitution doesn't provide for referenda (notice the common plural form) at the national level, referenda tend to be on local and state issues. V, 2). ILCS Const. 5, 1). Allowed to pay another for their signature: Prohibited (Mo.Rev.Stat. III, 1). Which election is a measure on: The next regular or general election occurring subsequent to the 125 days after filing signatures (OH Const. M.G.L.A. II, 10). 2, 3), Who creates petitions: Secretary of state (M.G.L.A. Number of signatures required: 2% of the entire vote cast for governor at the preceding biennial state election (Const. The lieutenant governor has seven calendar days after receiving the application to certify or deny it (AS 15.45.300). Lieutenant governor forwards petitions that are qualified for the ballot to the Office of Legislative Research and General Counsel, which drafts an impartial title of not more than 100 words summarizing the contents of the proposal. 3, 4; Art. Application process information: Application form will be prescribed by the secretary of state. personality clash? . 14, 3), Timeline for taking effect: Within 20 days after the election (5 ILCS 20/7), Repeal or change restrictions: Must go through full constitutional amendment process (ILCS Const. d. Political machine bosses controlled the entire nominating process. Art. St. 32-1416). c. balloting 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. Proponents may amend before submission to the secretary of state (C.R.S.A. 250.045; 250.067; 250.035; 250.036; 250.075. What is a referendum quizlet? - Z Library Const. Proponent organization and requirements: A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter 37 (MCA 13-27-112). Where to file with: None, but state board of elections certifies signatures (5 ILCS 20/2a). How does a referendum give people more of a say in government? The incumbent president chose both candidates. 5, 1). Art. 1(9) and A.R.S. Ballot measure committees must also provide an initial disclosure report 15 days after the committee begins raising or spending money, with subsequent quarterly reports until the pre-election report is due. During the time between passage and the popular vote, the law may not take effect. What is the difference between recall and referendum? Geographic distribution: 6% of the qualified electors at the time of the last general election in at least 18 legislative districts (IC 34-1805). 14, 3), Ballot title and summary: Proponents but certified by state board of elections and reviewed by attorney general (see 10 ILCS 5/28-5; 10 ILCS 5/16-6; 5 ILCS 20/2), Time period restrictions before placed on the ballot: Filed at least six months before the election with the secretary of state (ILCS Const. 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. Fiscal review: Yes (W.S.1977 22-24-309). 168.474a; 168.486; 168.477; 168.32). Const. 23-17-5). General review of petition: The secretary of state reviews and if the office deems it insufficient, the committee of petitioners has 20 days to correct it (NDCC Const. Proponent organization and requirements: The cover of an initiative or referendum petition shall designate the name and residence address of not more than three persons as chief petitioners (ORS 250.045(6)). a. at the very beginning Does the law in question take effect before the referendum vote: The submission of a petition suspends the operation of any act except emergency measures and appropriation measures for the support and maintenance of state departments and institutions (Const. And attorney general reviews legality (MCA 13-27-202; 13-27-312; 13-27-402). Public review or notice: The secretary of state and county clerks post items to the secretary of states website and newspapers. b. Timeline for taking effect: 30th day after the election at which it was passed (Const. d. Kennedy's aggressive use of push polls, especially in the Northeast. 250.045). Then the legislature rejects or accepts the proposition unchanged (U.C.A. Const. Verification: Random sampling of at least 5 % of signatures implemented by secretary of state. Const. 15, 273; Miss. 12; 25). Encyclopaedia Britannica's editors oversee subject areas in which they have extensive knowledge, whether from years of experience gained by working on that content or via study for an advanced degree. Circulator requirements: Registered voter (RCW 29A.72.120 and .130). For indirect statutory initiatives, after turning in original 3 percent of signatures, proponents must return next batch of signatures (another 3 percent) within 90 days of the legislature not enacting or amending a measure. Some states place restrictions on how sponsors may pay petition circulators. VI). Const. 34-1803b). 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. Petition title and summary creation: Attorney general, after receiving written comments from the Legislative Research Council (SDCL 12-13-25.1), What is on each petition: Secretary of state reviews the petitions and each shall contain the full text of the initiative, the date of the general election it is to be voted on, the title and explanation prepared by the attorney general, accompanied by a notarized affidavit signed by each person who is a sponsor, and accompanied by statement of organization. Brexit is a portmanteau of the words British and exit that was coined to refer to the U.K.'s decision in a June 23, 2016, referendum to leave the European Union (EU). Code Ann. Art. Stat. What is on each petition: Petition must include a short title of 20 words or less, a summary and the text of the measure. III, 8). 19-121), Which election is a measure on: Next general election after filing (A.R.S. 48, Init., Pt. Art. Art. To save this word, you'll need to log in. III, 4). Art. 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). Another 3% is required to qualify for the ballot if not enacted by the legislature after four months. 12; 25. Const. For a direct initiative, unless otherwise specified, they do not take effect until five days after the date of the official proclamation by the governor (U.C.A. Referendums: Arguments For and Against 4, 3; Constitution 48, Init., Pt. Art. Groups must file reports detailing contributions received in excess of $100 in the aggregate and all other contributions and expenditures made by the group. 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. Allowed to pay another for their signature: Prohibited (Miss. a. the federal government Proponent financial disclosure requirements: Include but may not be limited to being considered political action committees, following regulations for political advertising, and the filing of contribution and expenditure reports (W.S.1977 22-1-102; 22-24-201; 22-24-306). Art. Regular election unless otherwise ordered by Legislative Assembly, and restrictions of four months prior to the general election. Application process information: Not available in statute. Same if an alternate measure is proposed (M.C.L.A. 5, 1). The result that is produced when voters cast a ballot for the president and then automatically vote for the III, 5(1)). II, 9(c)). 2, 10). Code 9001). The referendum process allows citizens to refer a law that passed the legislature to the ballot for voters to decide whether to uphold or repeal the law. 40. (SDCL 2-1-3). Circulator oaths or affidavits: Yes (34 Okl.St.Ann. Art. In Arkansas and Maryland, the application is filed with the state election board. The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters. 22-24-412, Within 90 days after the adjournment of the legislative session at which it was passed. 13, 1). 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. 3519.01). V, 1(3)). Details: Every initiative state requires some form of public notice. 3519.16). The attorney general may approve the title or revise as necessary to comply with the law (34 OS 8(H) and 9). Circulator requirements: Must be 18 years old and registered with the secretary of state. Art. V, 7). This wording must be used: Shall a law (here insert description, and state, in distinctive type, whether approved or disapproved by the general court and by what vote thereon) be approved?, No statute found; see Michigan Manual 2009-2010, p. IX-2. Const. 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. 3, 50). II, 1g). Who creates petitions: Secretary of state (Neb.Rev.St. Public review or notice: Newspaper publication, and the public has 10 days to file a protest as to the constitutionality of the measure (34 Okl.St.Ann. Vote requirement for passage: Majority (Const. Art. Submission deadline for signatures: Not more than 90 days after the end of the session at which the act was passed (Const. c. infomercial 5, 1; A.C.A. Code 9604). Law 7-105. III, 3). Secretary of state may send petition pages to election authorities for verification. Art. V, 1(3) and CRS 1-40-117. 32. 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 which preclude any contact with children. Registration requirements vary across states. 12, 2; M.C.L.A. Types allowed: Indirect initiative for constitutional amendments, NOTE:In 2021, the Mississippi Supreme Court. Initiative is when citizens get signatures and make the decision to put it on the ballot to be voted on. Const. Proponent organization and requirements: Original filing must include the names, addresses and signatures of at least 25 electors as sponsors (Const. Must report contributions received if more than$20 and all expenditures quarterly in off-election years, on the first Monday in May and every two weeks thereafter before the primary election, on the first day of each month beginning with the sixth full month before a major election, on the first Monday in September and on each Monday every two weeks thereafter before the major election, and 30 days after the major election. 1-40-105). 19, 3; N.R.S. Contributions greater than $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. Amendments that propose a tax or fee not in place in November 1994 require a two-thirds vote to pass. Art. May remove no later than 120 days prior to the next general election. 5, 1; C.R.S.A. A fee of $500 is required; fee is deposited in general fund (Const. Art. Art. Rev. II, 1g; Art. The requirement states that a petition must garner valid signatures from six of the state's nine congressional districts that equal 5 % (for a statutory proposal) or 8% (for a constitutional proposal) of the votes cast for governor in that district in the last election. A statement of organization is required (Govt. 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). Art. Withdrawal process of individual signature: Signature may be withdrawn not later than 5 p.m. on the date the petition containing the person's signature is filed by signing a statement of intent to withdraw at the secretary of state's office, mailing a signed, notarized statement of intent to the secretary of state or drawing a line through the signature and printed name (ARS 19-113).
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