Art. Paid per signature: No ban, but must mark this and identify their employer on the affidavit (V.A.M.S. 3, 4; Art. Constitution 48, Init., Pt. Geographic distribution: Not more than one-fourth the of signatures shall be from one county (Const. Timeline for collecting signatures: Petitions carried by paid circulators must be filed on a monthly basis (ORS 250.105). See other restrictions. 100.371). Withdrawal of petition: One of three authorized people must submit a notice of withdrawal with the secretary of state (N.R.S. 19, 2; American Civil Liberties Union of Nevada v. Loma (2006); N.R.S. Art. Conflicting measures: The measure with the most affirmative votes becomes law (NDCC Const. To place a popular referendum on the ballot, sponsors must gather signatures on petitions. Proponent financial disclosure requirements: Include but may not be limited to reporting requirements, special provisions for out-of-state contributors, a statement regarding intent to pay circulators, and political committees must register (NDCC, 16.1-08.1-02.4; 16.1-08.1-03.1; 16.1-08.1-03.2). No later than six months after the adjournment of the legislature which passed the act. Repeal or change restrictions: For statutes, may be amended or repealed only by three-fourths of each house or by a vote of the electors. Number of signatures required: 6% of total votes cast for the office of governor in the last general election (Const. Public review or notice: The secretary of state also furnishes an information pamphlet with the title, fiscal statement if applicable, its complete text, the form in which it'll appear on the ballot, arguments for and against it, and rebuttal arguments, and will publish notices in newspaper (MCA 13-27-401; 13-27-402; 13-27-410; 13-27-311). In California (Cal.Const. Withdrawal process of individual signature: May cross out signature on petition prior to submission to clerk or by written statement expressing wish for withdrawal after the petitions are turned in to the clerk (I.C. LXXXI, 4). The same title drafted by the title board in the pre-qualification is used on the ballot. 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. VI, Subpt. Legislature or other government official review: No additional review. Timeline for taking effect: When governor makes official declaration of vote but not later than 30 days after vote canvassing (C.R.S.A. 48). Subject restrictions: Acts that become effective earlier than 90 days after the end of the session are exempt from the referendum (Const. Subject restrictions: Laws passed by a two-thirds vote of the members of each house are not subject to referendum (Const. Art. Signatures in each of one-half of the 27 congressional districts of the state. Some states offer no assistance or advice to initiative proponents on the draft of their proposed law. If neither receives majority, the one receiving the most votes, if it receives more than one-third of the votes given for or against both, will appear at the next statewide election to be held not less than 60 days after the vote (M.R.S.A. Most states require proponents of a proposed law to follow guidelines. Code 82013). Const. Verification: If more than 500 names have been signed on the petition sections filed with an election official, random sampling is used to determine the number of valid voters who have signed (Elec. Supermajority vote only to change vote requirement. They may also submit their own alternative ballot measure to the people if different but under the same subject area. II, 1b; O.R.C. M.C.L.A. 116.030). This was a highly popular proposal to reduce property taxes in the state by 57 percent. Q. The title of the act subject to the petition appears on the petition. Const. 2; Neb. Submission deadline for signatures: Petitions must be filed within 90 days after the legislature at which the act sought to be referred was passed shall have adjourned sine die or for more than ninety days (Const. Where to file: State Board of Election Commissioners (Const. Secretary of the commonwealth and attorney general jointly. Who creates petitions: Sponsors create the petition. 116.332). (Const. What were initiative referendum and recall Art. An emergency law shall remain in force notwithstanding such petition but shall stand repealed 30 days after having been rejected by a majority of the qualified electors voting thereon (Const. Art. II, 9). 116.334), What is on each petition: Full text of the measure, all language that the measure removes and all new language, warning, county, affidavit, notary public seal, all in form prescribed (V.A.M.S. 1(5)). Where to file: Secretary of state (Const. Probably the most celebrated initiative to pass in recent years was Proposition 13 in California. And within 30 days of the close of the first complete fiscal year after the effective date of an initiated measure approved by the voters, the agencies, institutions, or departments that provided the estimates of the fiscal impact of the measure to the legislative management under this section shall submit a report to the legislative council on the actual fiscal impact (NDCC Const. Circulator requirements: At least 18 years old and a qualified elector (34 Okl.St.Ann. If it passes, it becomes law. art. 8; 9). 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. II, 1g and O.R.C. 7-9-104), California (Cal.Elec.Code 9001, 9004; Cal.Const. Geographic distribution: Yes. Prov., 3). 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. In some states, the official title of the legislation that is the subject of the referendum appears on the petition. Types allowed: Indirect initiative for statute, direct initiative for constitutional amendment, and popular referendum, Other subject restrictions: No private or special laws (Const. 19, 1 and NRS 293.12757). III, 2; Art. In each of two-thirds of the congressional districts, and each petition page must only contain signatures from a singular county. 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. Some states also include signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional. III, 8). III, 5(2)). Proponent organization and requirements: The sponsors must delegate a committee of three to five people to represent them, and must file if any signature gatherers will be paid (O.R.C. Who creates petitions: Sponsors (A.C.A. Const. By this means, an act of the legislature can be overturned in a kind of popular veto. Each page must contain the full text of the measure or an accurate summary approved by the attorney general (Const. Stat. 1953 20A-7-204.1). 100.371). II, 9). For indirect statutory initiatives, 3% of votes cast for governor in last election to submit to the legislator. 4, Pt. 5, 1). Art. Art. Proponent organization and requirements: Each proponent must certify that s/he is a US citizen, at least 18 years old, and a resident of California, and must provide public contact information (Const. Constitution 48, Init., Pt. Not more than 5% of qualified electors, based on total number of votes cast for governor at last preceding gubernatorial elections. Art. 1953 20A-7-205; 20A-2-105). Circulator oaths or affidavits: Yes, and notarized (A.R.S. Collected in-person: The circulator must witness each signature (OR Rev. Stat. XLVII, Pt. 48, Init., Pt. Types allowed: Indirect citizen initiative for statutes and amendments and popular referendum. Art. Maine: Secretary of state, along with revisor of statutes, may reject petition application if it does not conform to drafting conventions for statutes. Art. Circulator oaths or affidavit required: Yes (NRS 32-630 and -1404). Application process information: Sponsors must submit the measure and a summary of it with a petition signed by 1,000 qualified electors to the secretary of state, and within one day, to the attorney general (ORC 3519.01(B)). Art. 21 1 and A.R.S. If the petitions were filed at least 165 days before the election and the submission deadline has not passed, and the signatures are deemed insufficient, petitioners may submit more signatures. Proponents may amend before submission to the secretary of state (C.R.S.A. Proponent financial disclosure requirements: Within three days of making an expenditure or receiving a contribution, a political committee must file a statement of organization and designated a treasurer (ORS 260.035). Ark. Const. 2, 3; Const. Application process information: No fees or application, Where to file with: Secretary of state (M.C.L.A. 19, 6). There is a filing fee of $2,000, which is refunded if the measure qualifies for the ballot within two years (Const. "Petition organizer" means a business entity that receives compensation for organizing, supervising or managing the circulating of petitions. Amending or diverting funds from a referendum measure requires a three-fourths vote of the members of each house of the legislature, and the amendment must further the purposes of the measure. Art. 100.371), Geographic distribution: Signatures in each of one-half of the 27 congressional districts of the state (F.S.A. Art. Circulator oaths or affidavit required: Yes (MCL 168.482 and .544c). See Elec. Const. 14, 3 and see Coalition for Political Honesty v. State Board of Elections (1976). Other subject restrictions: May only amend structural and procedural subjects contained in Article IV (ILCS Const. 54, 22A). Does the law in question take effect before the referendum vote: Operation of the law is suspended when petitions with sufficient signatures to trigger a vote are submitted (Const. 250.048; OR CONST Art. A person may not be a circulator who has had a penalty for violation of title 16 (election laws) or title 19 (initiative and referendum laws) in the past five years, has been convicted of treason or a felony and has not been restored to civil rights, or has been convicted of any offense related to fraud, forgery or identity theft (ARS 16-114(D). Types allowed: Direct citizen initiative for statutes and amendments and popular referendum, Single subject rule: Yes (C.R.S.A. Application process information: File an exact printed copy of petition as it will be used for signature gathering (A.C.A. 19, 3; N.R.S. Stat. These may be accepted or rejected. Geographic distribution: The registered voters signing such petition shall be so distributed as to include five percent of the whole number of votes cast for governor at the last election in each of two-fifths of the counties of the state (Const. Art. If the legislature does not enact the statute, another round of signatures is required equaling 0.5 % of votes for governor (M.G.L.A. Art. Circulator requirements: According to secretary of state's. If he finds it in proper form, he shall so certify. c. representative democracy. Art. Ballot measure committees have the following additional reporting requirements: initial disclosure report is due 15 days after the committee begins raising or spending money, with subsequent quarterly reports until the pre-election report is due. 116.320). III, 3 and NRS 32-1407). 3519.01; 3519.02; 3513.10). Art. Application process information: Proponents prepare ballot statements and file them (MCA 13-27-202; 13-27-312). Number of signatures required: 4% of the votes cast for all candidates for governor at the last election (Const. 3; Const. These provisions stipulate that petition signatures must be gathered from multiple parts of the state. Art. Direct democracy is the term we in government use to describe the ability of the voters to take matters into their own hands. Collected in-person: Yes, in the presence of the circulator (IC 34-1807). Proponent financial disclosure requirements: Political committee must file a statement of organization. Where to file with: Secretary of state (N.R.S. 7-9-105), Withdrawal process of individual signature: No statute. Political committee must file a statement of organization. Art. If the attorney general does not approve of the statement, they prepare one themselves (MCA 13-27-312). General review of petition: The revisor of statutes reviews and recommends revisions with respect to form and draftsmanship. 14, 3), Types allowed: Indirect citizen initiative for statutes and popular referendum. Law 6-201 and -202, Massachusetts: Const. Code 84107). 4, Pt. 2, 8; Cal.Elec.Code 9016. Proponent financial disclosure requirements: Reports of expenditures and contributions received are required quarterly in non-election years and monthly, March through November, in election years. 3, 20), Verification: Certified by the registrar (21-A M.R.S.A. In every state, petitions must follow guidelines, which vary by state. Circulator requirements: Must just be at least 18 years old (N.R.S. 106.19, 100.371, 120.54, Idaho: I.C. 19-112), Colorado (Const. 3, 50, 51). 34-1805), Geographic distribution: Six % of the qualified electors at the time of the last general election in each of at least 18 legislative districts, out of 35 total districts (I.C. Withdrawal process of individual signature: The person must file a sworn statement with the secretary of state any time before the petition is filed (V.A.M.S. III, 52(a)). Code 9030). Proponents submit descriptive ballot title reviewed by attorney general. If a congressional district has 110 % of the needed valid signatures, the petition qualifies in that district. We will meet Mark . If petitions are insufficient, sponsors may circulate and file 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 at which the act was passed. May remove no later than 120 days prior to the next general election. 6, Sec. 100.371, 106.03; Rule 1S-2.009). States vary in the way popular referendum questions are posed. III, 3; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. 5, 1 and ACA 7-9-107). Which election: General election, or at a special election ordered by the general assembly (Const. Art. Paid per signature: Yes (CRS 1-40-135(2). 2; 21 Okl.St.Ann. art. Art. Collected in-person: Yes (Elec. Art. Circulator requirements: 18 years of age (NRS 295.0575). V, 1(3) and CRS 1-40-117. Art. The guidelines for the format and content of petitions vary by state. 1(3)). Circulator oaths or affidavit required: Yes (IC 34-1807). Petition title and summary creation: Petition includes the title of the referred law (SDCL 2-1-3.1). Withdrawal process of individual signature: May not remove after official submission of petitions (O.R.S. Proponent organization and requirements: Application must be signed by ten qualified voters (Const. Prepared by attorney general, department of finance and the legislative analyst office. 19-121.01; 19-121.04). Repeat measures: Two years (MS Const. What is on each petition: Must include title and complete text must be attached (MCA 13-27-201). For constitutional amendments, signatures must be gathered from 10% of qualified electors in each of two-fifths (40) of the state's 100 legislative districts. V, 1(3)). Stat. 4, 1, Pt. 295.009; 294A.150; 294A.220, North Dakota: NDCC, 16.1-08.1-02.4; 16.1-08.1-03.1; 16.1-08.1-03.2, Ohio: O.R.C. 168.482; 168.544c). Const. Legislature may hold public hearings and must hold a committee hearing once 25 % of signatures are collected (Cal.Gov.Code 10243, 12172; Cal.Elec.Code 9007, 9034). If more than 105% are deemed valid, the petition is deemed valid. Circulator requirements: Registered voter (RCW 29A.72.120 and .130). Popular Referendum Overview. Withdrawal of petition: Chief petitioners may withdraw at any time before submitting the signatures for verification. Study with Quizlet and memorize flashcards containing terms like During the gold rush, white miners used nativism and racism to justify their violence against Native populations. Rule 2.79; Oklahoma Ethics Commission's Guide for Political Action Committees). 23-17-21). If the legislature enacts the proposal, no further petition takes place and the proposal becomes law. Application process information: For statutory indirect initiatives, proponents must file a copy of the text with the secretary of state no earlier than Jan. 1 of the year preceding the year in which a regular session of the legislature is held. 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. Const. 48, Pt. Verification: By actual count (as opposed to random sampling), but this is not spelled out in statute. III, 52(a) and Mo.Rev.Stat. If the referendum question gains enough "yes" votes, then . The required signatures must be distributed equally among all of the petition districts (NRS 295.012 and NRS 293.127563). A yes vote approves the referred act, and a no vote rejects it. Circulator oaths or affidavit required: Yes (Const. 4, Pt. 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). Must be on good quality of paper in form and manner approved by the secretary of state (IC 34-1804). There has been one exception: The case Initiative and Referendum Institute v. Jaeger (2001) in North Dakota upheld the ban on paying per signature. 3, 4; Art.