3, 50 and V.A.M.S. Currently, for constitutional amendments signatures must be gathered from at least 2 % of the total registered electors in each state senate district (C.R.S.A. Collected in-person: Yes (W.S.1977 22-24-312). Const. 3, 5; NDCC, 16.1-01-09. 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). Twelve% of total votes cast in last gubernatorial race for governor, V.A.M.S. Time period restrictions before placed on the ballot: At least 30 days must pass between the filing of the petition and the election (Const. Geographic distribution: No more than one-quarter of signatures may come from a single county (M.G.L.A. Does the law in question take effect before the referendum vote: For the purposes of the second paragraph of Const. Art. Const. Timeline for taking effect: Takes effect on the 5th day after the secretary of state files the statement of the vote (Const. Sometimes initiatives are first submitted to a legislature. Governor may call a special statewide election for the measure. Art. 168.471 and M.C.L.A. Sponsor, approved by secretary of state, reviewed by attorney general, 10 ILCS 5/28-5; 10 ILCS 5/16-6; 5 ILCS 20/2. Sponsor or group who receives contributions or spends over $500 for the passage or defeat of the referendum must file a statement of organization as a ballot question committee. Records must be kept of contributions and expenditures. 7-9-404; 405; 406; 407; 408; 409). 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. 5, 1 and A.C.A. Public review or notice: Able to attend meeting on petition application review, title board meetings, ballot information booklet prepared by legislative council (C.R.S.A. Art. 19, 2; N.R.S. Circulator oaths or affidavit required: Yes (RCW 29A.72.030). It is referred to the attorney general for approval (Mo.Rev.Stat. Semiannual statements of contributions and expenditures are due July 31 and January 31. 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. Petitions must be submitted to counties for verification four weeks before this deadline. In these states, sponsors gather a smaller number of signatures to reach the first stage of qualification and, once enough valid signatures are gathered to meet this threshold, the initiative goes before the state legislature. 19, 1). 168.472). Art. 1953 20A-7-203). LXXXI, 4). Art. 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. Art. Art. 2, 1). Legislature or other government official review: The legislature may determine method of determining fiscal impact (NDCC Const. V, 1(3)). 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). 5, 1; M.G.L.A. A committee formed to support or oppose a ballot measure must register by filing a statement of organization with the Ethics Commission when its contributions or expenditures exceed $1,000. Out-of-state committees that make expenditures supporting or opposing ballot propositions in Washington are required to file reports (RCW 42.17A.250). Choose a language from the menu above to view a computer-translated version of this page. Collected in-person: Yes, in the presence of the circulator (IC 34-1807). 11 5). What is on each petition: Petition format is addressed in Mo.Rev.Stat. Const. IV, 1). Law 6-203(c)). 16.061). 19, 2; Art. Circulator requirements: Registered voter (RCW 29A.72.120 and .130). 116.060). Must submit full text and title, and statement as to the use or not of paid circulators (U.C.A. Cure period for insufficient signatures: Subsequent to the filing of a petition under this subtitle, but prior to the deadline for filing the petition, additional signatures may be added to the petition by filing an amended information page and additional signature pages conforming to the requirements of this subtitle (Elec. Twenty-four states have citizen initiative processes. II, 1(c)). 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. Petitions must be filed not more than 60 days after the final adjournment of the legislative session which passed the bill on which the referendum is demanded. Contributions in excess of $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. 3, 52). 5, 6; 34 Okl.St.Ann. Petition title and summary creation: Sponsors draft title (Const. Attorney general after receiving written comments from Legislative Research Council, U.C.A. If a majority of electors vote to reject both, they both fail, though the preference vote between them is still voted and made public (MS Const. 54 53). III, 2; Art. Vote requirement for passage: Majority (SDCL 2-1-12). XVI, 1; Art. 22-25-106). May also post in newspaper (21-A M.R.S.A. A legislature committee also reviews the measure by a deadline (N.R.S. May be amended or repealed only by three-fourths of each house or by a vote of the electors. 19-121). 3599.03, Oklahoma: 34 Okl.St.Ann. Art. Circulator oaths or affidavit required: Yes (SDCL 2-1-10). 12, 2), Collected in-person: In the presence of the circulator (M.C.L.A. Law 6-103). South Dakota: The Legislative Research Council provides written comments to the attorney general (SDCL 12-13-25; 12-13-25.1). 2, 9). Art. 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. Collected in-person: Yes (U.C.A. Art. Collected in-person: Yes (Elec. If the legislature enacts the proposal, no further petition takes place and the proposal becomes law. Art. If the random sample verification establishes that fewer than 95% of signatures are valid, the petition is deemed insufficient. Which election is a measure on: Next general election held at least 131 days after signatures are certified. Application process information: Proponents must submit a statement of the object of the measure and its full text to the secretary of state, along with a sworn list of their addresses and names (Neb. Proponent financial disclosure requirements: Political committees must file a statement of organization (NMSA 1-19-26.1). 903-C). St. 32-1408). Application process information: Must first register a political committee and submit form to Division of Elections along with text of proposed measure and form on which signatures will be affixed (F.S.A. . Who creates petitions: Sponsors (CRS 1-40-105). 48, Init., Pt. This is generally the secretary of state, but in Alaska and Utah, the lieutenant governor is the states chief election officer. If a congressional district has 90 to 110 % of the needed valid signatures, every single signature will be verified to discern if it qualifies (V.A.M.S. 2, 1). Amend. To place a popular referendum on the ballot, sponsors must gather signatures on petitions. Majority to pass: Yes (NDCC Const. 19, 2), Ballot title and summary: Secretary of state, in consultation with the attorney general (N.R.S. Const. The timelines for signature gathering for popular referenda differ significantly from those for initiatives. Art. Art. Proponent organization and requirements: Must obtain certificate of review from attorney general and file petition with secretary of state (I.C. Vote requirement for passage: Majority (IC 34-1803). 3, 52(e) and Wyo. Office of Legislative Research and General Counsel numbers propositions and proposes a descriptive title summarizing the contents of the measure. IV, 1). Art II, 10 and Elec. 250.137; 250.139). III, 3). Const. Six states prohibit sponsors from paying circulators on a per-signature basis. Const. General review of petition: Proponents may alter the measure in small ways after legislature reviews it. 1(6C) and (6D)). 34-1801a, 34-1804, 34-1809, Illinois: ILCS Const. Art. No statute found; used Prop. 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. N.R.S. 5, 1; M.G.L.A. Const. If legislature amends, it does not go into effect until the original is rejected by the voters (OH Const. Const. 168.473b). 14, 9; MCA 13-27-503; 13-27-504). Withdrawal process of individual signature: Any signer may withdraw their signature by giving their name, address and contact information to the secretary of state before the petition is filed (Wyo. Art. V, 1(6) and C.R.S. Mississippi: Attorney general may confer with proponents and may recommend revisions. 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. Ballot title and summary: The official title of the bill that is subject to the referendum appears on the ballot. Const. Proponent and approved by the attorney general, is the title for both the petition and ballot. Art. What is on each petition: Must follow form guidelines and include signature of attorney general, affidavit of canvassers, instructions and signatures for only one county (A.C.A. Filing must include the description of the effect of the measure, the sponsor's name and signature (NRS 295.015). 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. Geographic distribution: From at least 15 of the 29 senate districts, signatures equal to 8% of the number of active voters in the county on January 1 following the last regular general election (Utah Code 20A-7-301(1)). 22-24-401). It fails to qualify if under 90% and qualifies if at least 100%. Submission deadline of signatures: 18 months (W.S.1977 22-24-315). 3, 23). Petition title and summary creation: Attorney general (I.C. Legislature or other government official review: Secretary of state writes arguments for and against the measure with information provided by proponents and opponents (Neb.Rev.St. 34-1805), Who can sign the petition: Qualified electors (I.C. Proponent financial disclosure requirements: Include but may not be limited to that proponent or opponent groups for a ballot proposition are considered political issue committees unless they meet certain criteria such as not expending more than $5,000, and political issue committees register and report financially (U.C.A. Art. Art. No signatures may be obtained prior to 24 months before the general elections that it is to be voted upon, and signatures must be filed one year prior to the election (SDCL 2-1-1.2). 48, Init., Pt. 4, Pt. Rev. Const. For statutory initiatives, 8 % of legal voters who cast ballots for governor in last election. All three have in common the fact that, at some point or other, the . 2, 8). 7-9-111). 3, Sec. 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. 3, 6; NDCC 16.1-06-09; and NDCC 16.1-01-17). ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. . Who can sign the petition: Qualified electors (Const. For constitutional amendment initiatives, 4 % of the resident population (NDCC Const. ; 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. Like the initiative and referendum, recall originated in Switzerland, where it was made applicable to the entire legislature as well as to individual officials. Time period restrictions before placed on the ballot: If 60 days do not so intervene between submission of the petition and the date for holding the next state election, then such law shall be submitted to the people at the next following state election, unless in the meantime it shall have been repealed (Const. (NMSA 1-17-2) Each signature page is limited to one county and must bear the circulator's certificate and a warning to signers (NMSA 1-17--5); circulators must also present full and correct copy of the law (NMSA 1-17-3). 3, 52(f)). 16-906; 16-926; 19-111; 19-124), Proponent financial disclosure requirements: Include but are not limited to spending reports, establishing a bank account, and quarterly and pre-election campaign finance reports (A.R.S. Who creates petitions: Petitioners, approved by secretary of state and attorney general (I.C. 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. A report is also due no later than the 15th day after the deadline for filing the referendum petition. No veto by governor for either measure passed by voters or legislature (M.C.L.A. Types allowed: Citizen initiative for statutes and popular referendum, Other subject restrictions: No restrictions (Const. If more than one-third but less than the full number of the signatures required is submitted by June 1, the time for the law to take effect and the time for the filing of the remaining required signatures is extended to June 30 (Const. Code 23-17-37). Const. 1953 20A-7-205; 20A-2-105). Art. 1. guarantee government jobs for the unemployed. Who creates petitions: Secretary of state (Wyo. 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. Washington: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. Art. 3, 52). Art. Verification: County officials conduct raw count, and then a random sample is taken of 500 signatures or 3 % of each countys total for accuracy. Art. 3519.01 and 3519.05(C). The Law of Direct Democracy Carolina Academic Press. Rev. 3, 4; Art. 19, 2), Repeal or change restrictions: No amendment or repeal by the legislature within three years of enactment (N.R.S. III, 3 and MGL ch. IV, 1(4)). Subject restrictions: Acts making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act are not subject to referendum (Const. Number of signatures required: 6% of the total votes cast for the office of governor in the last election (OH Const. Withdrawal of petition: Any time more than 70 days before the election, a majority of the members of the committee that represents the petition may withdraw the petition by providing written notice to the secretary of state (ORC 3519.08). Skip over the Blank Pages below! Florida: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme court. Reports of contributions and expenditures are due by the 15th of every April and October. Code Ann. Const. Must be 18 or older and a U.S. citizen (M.C.L.A. 19-123 and A.R.S. Out-of-state committees that make expenditures supporting or opposing ballot propositions in Washington are required to file reports. In Nebraska, the total number of signatures is based upon the total number of registered voters in the state. Who can sign the petition: Qualified electors (A.R.S. 53 7). Const. 21 1 and A.R.S. Withdrawal process of individual signature: After the petitions are submitted for signature verification, individual signatures may not be removed (ORS 250.025). Application process information: Application containing the act to be referred and signed by at least 100 qualified voters is filed with the lieutenant governor. Application process information: The sponsor must file a copy of the measure signed by 1,000 electors (and not more than 2,000) with the secretary of state, along with the text of the measure, whether they plan to use paid circulators, and designating three chief petitioners (O.R.S. 7-9-104). 116.110). Number of signatures required: Ten % of votes cast for all candidates for governor in previous election for statutes. Michigan: The director of elections, with the approval of the board of canvassers, prepares a statement of designation for the ballot. XI, 7 and AS 15.45.250). If attorney general does not approve the statement, he or she prepares one. These include filing reports and designating organization officers. Law 13-202). The ballot must include a clear and concise statement as to the effect of a yes or no vote. 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." Records must be kept of contributions and expenditures. The other 19 states limit the subject matter of laws that the popular referendum can address. Code 9031). Petitions must be submitted no later than 5 p.m. 90 days after the final adjournment of the legislative session. Which election is a measure on: General election (N.R.S. Circulator requirements: Resident of South Dakota who is at least 18 years old (SDCL 12-1-3). Art. 12, 2). Application process information: State Board of Elections is empowered to adopt regulations specifying procedures for filing and circulating petitions (Elec. S. So as a whole, the free-response section accounts for half your total AP Gov score (the other 50% comes from the multiple-choice section). 48, Init., Pt. Must include a warning about unlawful signing, a circulator affidavit and a notification as to whether the circulator is paid or volunteer. Who creates petitions: Sponsors (A.C.A. Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. Which election is a measure on: Only regular state, congressional and municipal elections (Ark. States may have the direct initiative, the indirect initiative or the choice of either. Majority to pass: A majority of votes cast on the measure and not less than 40 % of total votes cast at the election. V.A.M.S. If the total signatures meet 90-100% of the requirement, the county clerk(s) check all of the signatures until 100% is reached. Art. V, 3). Const. 34, 1, Const. Legislature or other government official review: The Financial Impact Estimating Conference members of one person from the governors office, the coordinator of the Office of Economic and Demographic Research, one professional senate staffer and one professional house staffer (F.S.A. Other subject restrictions: Amendments that propose a tax or fee not in place in November 1994 require a two-thirds vote to pass (F.S.A. CONST. Art. It is argued that the simple existence of the initiative mechanism acts as a check on the activities of the legislature. Const. Reports are monthly during election years and annually in nonelection years. Reports of contributions and expenditures are due on the 21st and seventh days immediately preceding an election and the 10th day of the first full month after an election. II, 1g and ORC 3519.16(F)). A committee must file a statement of organization within 10 days of its organization; must include a brief statement identifying the substance of each ballot question supported or opposed by the committee. VI, Subpt. 116.030). Allowed to pay another for their signature: Not specified. Art. IV, 1). 116.180; V.A.M.S. Const. Arizona: Proponents may submit proposed bill to the director of the legislative council for review. 2, 8). There has been one exception: The case Initiative and Referendum Institute v. Jaeger (2001) in North Dakota upheld the ban on paying per signature. Ballot title and summary: Ohio ballot board. Number of signatures required: 10% of the voters who voted in the preceding general election (Const. Ten% of total votes cast in previous general election with geographic requirement, Ten% of votes cast for all candidates for governor in previous election for statutes; 15% for amendments, Eight% of the total number of legal voters for statutes; 10% for amendments, Five% of votes cast for governor in last election for statutes or ; 8% for amendments, Five% of votes cast for secretary of state in last election, Eight% of total votes cast statewide in last presidential election, Six% of qualified electors at the time of the last general election, Eight% of votes cast for governor in last gubernatorial election, Ten% of total votes cast for governor in last gubernatorial election, M.G.L.A. Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). 19-121.01); California (Elections Code 9030); and Colorado (C.R.S. 1953 20A-7-212). If petition is insufficient, sponsors have 30 days to solicit and obtain additional signatures, submit proof to show that rejected signatures are valid or make the petition more definite and certain. Art. Petition title and summary creation: Attorney general (ORS 250.065(4)). Each page must contain the full text of the measure or an accurate summary approved by the attorney general (Const. Art. 48, Init., Pt. 116.030 and .050; includes warning to signers, bill number and title, circulator's affidavit, and full text of the measure. Question 3. Art. 4, 1, Pt. 3, Sec. III, 2). IV, 1). Paid per signature: No ban found. 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. Const. Code 9010 et. Geographic distribution: Under court challenge. General election, and filed at least six months before the election with the secretary of state. Conflicting measures: Measure with greatest number of affirmative votes is enacted, although the entire competing measure might not be superseded (>I.C. May remove no later than 120 days prior to the next general election. Cannot be same as a measure at either of the two preceding biennial state elections.

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