250.025), Collected in-person: Yes (O.R.S. 48), South Dakota (Const. Then within 15 days the attorney general provides certificate of review. Circulator oaths or affidavits: Yes, and notarized (A.R.S. 34, 6.1) and Utah (Utah Code 20A-7-306(3) and -306.3). Conflicting measures: Voters may choose one or reject both. b. trial lawyers. 24, 1), Utah (U.C.A. 23-17-49). Art. In three states (Massachusetts, Ohio and Utah), proponents must gather additional signatures to place the measure on the ballot; in the others, it automatically goes to the ballot. Art. This website uses cookies to improve your experience. The popular referendumallows voters to approve or repeal an act of the Legislature. New Latin, from Latin, neuter of referendus, gerundive of referre to refer, Dictionary lookups from politics, civil court, and the world of disease. 3519.07). Const. Australians have triggered this veto function often, denying 36 of 44 proposals. 23-17-47; 23-17-49; 23-17-51; 23-17-53, Missouri: V.A.M.S. III, 52(a) and Mo.Rev.Stat. Code 23-17-3), Which election is a measure on: Statewide general election (MS Const. Paid per signature: Prohibited (SDCL 12-13-28). Verification: By actual count (as opposed to random sampling), but this is not spelled out in statute. Number of signatures required: Three % of the votes cast for governor at the preceding biennial state election to submit to the legislature. Art. For more information on this topic, use this form to reach NCSL staff. III, 2). Proponents must turn in sheets each month (O.R.S. II, 1g). Withdrawal process of individual signature: Voter may withdraw signature by submitting to the secretary of state, before the petition is filed with the secretary of state, a sworn statement requesting that his or her signature be withdrawn and affirming the name of the petition signed, the name the voter used when signing the petition, the address of the voter and the county of residence (Mo.Rev.Stat. XI, 3 and AS 15.45.320(5)). The citizen initiative process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. IV, 1). Art. 353). Allowed to pay another for their signature: Not specified. General election, and must file by the May before the election the measure is to be voted on. Verification: Direct initiatives are turned into the county clerk of the county in which the initiative packet was circulate. Some states place restrictions on how sponsors may pay petition circulators. For statutory initiatives, 6% of total votes cast for all candidates for governor in last general election. 34-1813), Repeal or change restrictions: No time limit or majority restrictions for legislature to overturn or alter, Types allowed: Citizen initiative for constitutional amendments. 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. b. retrospective voting. Art. Const. Code 103 and 9602). Number of signatures required: For statutes, 5 % of the total qualified electors of the state, determined by the number of votes cast for governor in the preceding general election. Timeline for taking effect: Thirty days after the election (Const. When a citizen turns eighteen, the state automatically registers most of them using drivers license and state ID information. General review of petition: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. Majority to pass: Initiative amendments proposed by the people and their legislative substitutes must receive at least 30 % of the total number of ballots cast in the election and a majority of the voters voting on the measure (Massachusetts Constitution 48, Init., Pt. Other subject restrictions: Cannot require an expenditure of money unless a sufficient tax is provided (N.R.S. Pamphlet contains one-sentence statements describing the effect of a yes or no vote prepared jointly by the attorney general and the state secretary. 2, 3; Amend. 5, 2; 34 Okl.St.Ann. 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. Const. And arguments for and against are prepared by committees with members appointed first by the secretary of state, the senate's presiding office and the house's presiding officer (RCWA 29A.32.040; 29A.32.060). Original geographical requirement found unconstitutional. 7-9-111. A major factor in John Kennedy's 1960 presidential victory over Richard Nixon was IV, 1(3)). 48, Init., Pt. County recorder or justice of the peace. Code Ann. Territory voters are only counted in the national majority. IV, 1), Ballot title and summary: Attorney general (O.R.S. In some states, the official title of the legislation that is the subject of the referendum appears on the petition. Art. Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). 34-1813). Any contribution of $500 or more in last 13 days to be reported within 24 hours. 5, 1; A.C.A. A.R.S. 3, 20), Verification: Certified by the registrar (21-A M.R.S.A. XVI, 1; O.R.C. Art. Application process information: State Board of Elections is empowered to adopt regulations specifying procedures for filing and circulating petitions (Elec. General election, and signatures must be filed one year prior to the election. 53 7). Any time more than 70 days before the election, a majority of the committee members may withdraw the petition by writing to the secretary of state. III, 4), Timeline for taking effect: Ten days (Ne.Rev.St. Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). XI, 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). 116.030). One year, but proponents must submit to the county officials no sooner than nine months and no later than four weeks prior to the final deadline. IV, 1(3)). 3, 52). Constitution 48, Init., Pt. d. increases the coattail effect during midterm elections, 28. Application process information: A prospective petition must be filed with the secretary of state. 116.332). Where to file: Lieutenant governor (Utah Code 20A-7-302). Illinois: For accuracy and fairness, the attorney general may rewrite arguments for or against prepared by legislature. 3519.03; 3519.01; 3519.062). Direct democracy takes many forms. Art. In calendar quarters with an election, additional reports are due 10 days before the election and 15 days after the election. Art II, 10 and Elec. (Const. Vote requirement for passage: Majority of the votes cast thereon and at least 40% of the total number of votes legally cast in the election (Const. Stat. Most of them are also initiative states. 1). Art. Click here to contact us for media inquiries, and please donate here to support our continued expansion. Circulator requirements: Age 18 (Neb. 100.371), Ballot title and summary: Sponsor, approved by secretary of state, reviewed by attorney general (F.S.A. (Note: This provision was found unconstitutional by a superior court judge, affirmed by the state supreme court in August 2020.) Reports of contributions and expenditures of $500 or more must be made within two days between the 25th day of the month before an election and the day of the election. 101.161). 19, 3; Nev. Rev. 100.371, 101.161; F.S.A. 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. 8). Twelve months for collection, and no signatures may be obtained prior to 24 months before the general elections that it is to be voted upon. Application process information: Submit filing fee and a petition signed by 1,000 voters to the attorney general, with a summary and complete copy of the measure. Other subject restrictions: May only amend structural and procedural subjects contained in Article IV (ILCS Const. Code Ann. Number of signatures required: For statutory initiatives, 2 % of the residential population according the last federal decennial census. Const. Neb. 3519.21. Public review or notice: None other found.. Circulator requirements: 18 years-old and US citizen and sworn oath by an official sponsor of the initiative as to the identities of the proposed circulators (W.S.1977 22-24-306). Contributions in excess of $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. Art. remainder of that party's candidates is called the Proponents may suggest title (OH Const. submission of the petitions to the state elections official, who must verify the number of signatures. 116.130). 168.472), Oklahoma (OK Const. 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. General review of petition: Attorney general may confer with proponents and recommend revisions (Miss. 3, 52). Allowed to pay another for their signature: Prohibited (NDCC 16.1-01-12). Art. Const. Not more than 24 months for collection with a deadline of four months before the election, and by 5 p.m. on the final day. Reports of State Question Communications are required if aggregate expenses for a communication made at least 15 days before the election equal to exceed $5,000. 2; 21 Okl.St.Ann. Art. 295.055; 295.009). XLVII, Pt. These include filing reports and designating organization officers. Art. May remove no later than 120 days prior to the next general election. Const. General election, but governor and legislature may call special elections, and certified ballot title is due at least 65 days before the election. Art. A requirement for 5% of the registered voters in two-fifths of the counties each was held unconstitutional, but that case was vacated because of an issue of standing. 19, 3). In California (Cal.Const. V, 1(3)). Const. 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. 2, 9). 24-22-403). Collected in-person: Yes (O.R.C. General election unless the legislature orders a special election. Groups must file reports detailing contributions received in excess of $100 in the aggregate and all other contributions and expenditures made by the group. Art. 116.080). Code 13-309). 2; Neb. Where to file with: Secretary of state (Miss. 3, 18, 20. 1953 20A-7-203 and include notice to signers, date, room for signatures, title of the initiative, the fiscal impact statement, a warning, language about a tax increase if applicable, and signed verification by the circulator (U.C.A. Michigan: The director of elections, with the approval of the board of canvassers, prepares a statement of designation for the ballot. Art. Fiscal review: The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. Cal.Elec.Code 9014; 9016; Cal.Const. Const. Which election is a measure on: Next general election held at least 131 days after signatures are certified. Submission deadline for signatures: Within 90 days following the final adjournment of the legislative session at which the law was enacted (Const. Stat. Petitions must be submitted by midnight within 90 days of the date the legislation was signed by the governor and filed with the secretary of state. An optional random sampling process must be provided. Where to file with: Division of Elections (F.S.A. Must also be submitted to the appropriate officials of cities, towns or plantations, or state election officials as authorized by law, 10 days before it's due with the secretary of state. Updates? Who can sign the petition: Qualified voters (M.G.L.A. Conflicting measures: The measure receiving a majority of the votes passes (RCWA Const. Who creates petitions: Petition filed by proponents is certified by attorney general, ballot board, and secretary of state (O.R.C. Time period restrictions before placed on the ballot: Petitions cannot be filed more than 65 days before the deadline. And, in some states, the review is purely technical; the proposal is reviewed to ensure it meets the legal requirements for format and style and adheres to drafting conventions. 3519.07, Oregon: O.R.S. 295.009). 116.060). Code 18603). 6, 1). 7-9-105). Circulator requirements: Any Maine resident who is a registered voter (21-A MRS 903-A).
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