Art. 24). 15% of the votes cast for governor in the preceding election in a majority of legislative districts is required to suspend operation of an act pending the election (Const. 10% of the votes cast in the last general election in each of three-fourths of the counties, or 25% to suspend operation of the act until the operation, 3% of the votes cast for the office of governor in the last election in half of the counties. Circulator requirements: Legal voter (RCWA 29A.72.120). LXXIV, 2 and MGL ch. Proponent organization and requirements: Petition sponsors may not gather signatures without first forming a ballot issue committee (Elec. Collected in-person: Yes (Elec. XI, 5). Submission deadline of signatures: For direct initiatives, April 15 immediately before the next general election (U.C.A. Referendum. Proponents must file reports of payments made to signature gatherers. 2, 3; Amend. Other Subject restrictions: Cannot dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts, prescribe court rules, enact local or special legislation, or enact legislation prohibited by the Wyoming constitution (Const. VI, Subpt. 1953 20A-7-203). 6; Oklahomans for Modern Alcoholic Beverage Controls, Inc. v. Shelton, Okla., 501 P.2d 1089, 1972). Some plebiscites have gained international attention since the late 1970s, because they dealt with matters of great concern to large groups of people. Const. In calendar quarters with an election, additional reports are due 10 days before the election and 15 days after the election (ARS 16-926 and -927). 19, 2). Public review or notice: Public may comment on public and internet posting of measure by attorney general for 30 days and then proponents may amend the measure (Cal.Elec.Code 9002). Public review or notice: At least seven public hearings are held on the propositions before circulation in designated regions. 21 1; CV160314-SA), Montana (MT CONST Art. Tit. Code 18680. 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. 15, 273; Miss. Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. 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. 8). Petition title and summary creation: Secretary of state (21-A MRS 901(4)). After translating an article, all tools except font up/font down will be disabled. Art. Timeline for collecting signatures: Once the petition is approved and a serial number is issued, sponsors have until 5 p.m. on the 90th day after the legislature session adjourns. Collected in-person: Yes, "In their own proper persons only " (Const. Majority to pass: Yes (Ark. 3, 52(c)(ii). Art. 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. 116.332). II, 1g). Art. Stat. States sometimes limit how soon a measure can be re-attempted. II, 9, a law that is the subject of the referendum continues to be effective until the referendum is properly invoked, which occurs when the board of state canvassers makes its official declaration of the sufficiency of the referendum petition (MCL 168.477(2)). II, 1g; O.R.C. Const. II, 10(a)). Ballot title and summary: The Office of Legislative Research and General Counsel numbers the propositions and proposes a descriptive title summarizing the contents of the measure. 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. For indirect statutory initiatives, 3% of votes cast for governor in last election to submit to the legislator. 55 1, 6B, 7A, 18C, 18, Mississippi: Miss. Circulator oaths or affidavit required: Yes (34 OS 6). Collected in-person: Original ink signatures are required (ORC 3519.051 and 3501.38(B)). II, 1g; O.R.C. 2, 9). Withdrawal of petition: The chief petitioners may withdraw at any time before submitting the total number of signatures for verification. A statement of purpose and implication, not to exceed 135 words, and yes-no statements are drafted by petitioners and reviewed and approved by the attorney general. Depending on the nature of the particular plebiscite, the result may be binding or it may be only advisory. Art. Art. Rule 2.79; Oklahoma Ethics Commission's Guide for Political Action Committees, Oregon: O.R.S. 1. Allowed to pay another for their signature: Prohibited (O.R.C. Art. III, 5). Law 6-201). If the random sample verification establishes that fewer than 95% of signatures are valid, the petition is deemed insufficient. California. 19, 1 and NRS 293.127563). 7-9-104). III, 5(1) and MCA 13-27-202). Const. Art. Code Ann. Art. They exist in a variety of forms. 1051, 1052, 1052-A, 1053-B, 1054, 1054-A, 1055, 1055-A, 1056, 1056-A, 1056-B, 1057, 1058, 1059, 1060, 1062-A, 1062-B, Massachusetts: M.G.L.A. Code 9001). Number of signatures required: 5% of votes cast for all candidates for governor at the last gubernatorial election (Const. For statutory initiatives, 2% of residential population according to the last federal decennial census. Const. For statutory initiatives, 8 % of legal voters who cast ballots for governor in last election. Constitution 48, Init., Pt. Const. Withdrawal process of individual signature: Must do before submitted to secretary of state (NDCC, 16.1-01-09). 4, 3; Constitution 48, Init., Pt. Fiscal review: Governor's Office of Management and Budget conducts an estimate (U.C.A. 116.320). Art. Regular election unless otherwise ordered by Legislative Assembly, and restrictions of four months prior to the general election. Where to file with: Secretary of state (W.S.1977 22-24-302). Art. Out-of-state committees that make expenditures supporting or opposing ballot propositions in Washington are required to file reports (RCW 42.17A.250). required vocational training programs for children. A person also qualifies as a ballot measure committee if 2% or more of its annual revenues, operating expenses or funds are used to make contributions to another ballot measure committee which exceed $10,000 in value (ACA 9-7-402). Timeline for taking effect: Effective 90 days after certification (Const. Art. 5, 1; A.C.A. Art. 19-121.01; 19-121.04). 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). 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. What is on each petition: Petition must include the full text of the measure, the affidavit of the circulator (Const. 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). Art. Art. This was held to be constitutional. Vote requirement for passage: Majority, but no such law shall be held to be disapproved if the negative vote is less than thirty per cent of the total number of ballots cast at such state election (Const. Where to file: Secretary of state (21-A MRS 901). 7-9-111). Every state requires or offers some type of review in addition to fiscal statements. Submission deadline for signatures: Not later than 90 days after the final adjournment of the legislature; if the deadline falls on a Saturday, the office of the secretary of state must be open from 8 a.m. to 5 p.m. that day (Const. 2, 10), the legislature cannot change or alter measures on its own and must resubmit changes to the people unless the original measure passed by voters waived this requirement. 2, Sec. 6; 6.1). States have statutes covering conflicting or competing measures, the percent of the vote needed to pass a measure, and repeal or change restrictions. Legislator proposes a law, voters vote on it. 2, 9). Information on states that restrict payment to circulators are below. Art. 3, 50; Art. 116.030). 3, 53). 116.332, Const. III, 3, Neb. Code Ann. 54 42A, 53; M.G.L.A. Also requires full disclosure of campaign staffers. Wording of Ballot Question and Effect of Yes Vote, No statute found; used Referred Act 1 (Nov. 1994) as a reference. 250.029). 1(9)). 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 (MT CONST Art. Allowed to pay another for their signature: Prohibited (ACA 7-9-103(c)). Who creates petitions: A voter must print the petitions in the form approved by the secretary of state (21-A MRS 901). XLVII, Pt. 2 with the secretary of state (34 Okl.St.Ann. 16, 6; N.R.S. Fiscal statements are the most common type of review, giving estimates and analysis on the likely fiscal impact the proposed measure will have on the state. 12, 2. For amendments, must be submitted for verification by the third Tuesday in June of the general election year. Art. 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). Petition title and summary creation: Attorney general (RCW 29A.72.060). Art. If the legislature does not enact the statute, another round of signatures is required equaling 0.5% of votes for governor. 11 3). III, 4 and NRS 32-1414). Petitions must be filed within 90 days after the adjournment of the legislative session at which the act was passed. d. laws enacted by state legislatures. Art. Art. 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. Const. 32-1401; 32-1405; 32-628; 32-1403, Nevada: N.R.S. Missouri: 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. Art. 48, Init., Pt. California is one of two dozen states that gives voters these checks on elected officials. The sponsor may file a written notice to withdraw the initiative with the secretary of state. Can only be changed by a vote of the people, Two-thirds vote (or majority after seven years), Two-thirds vote (or majority after two years), Select a State with Citizen Initiatives to Learn More, Petition Review, Creation and Public Notice, Petition Review, Creation, and Public Notice, >Petition Review, Creation and Public Notice, States with citizen initiatives (24): Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Maine, Massachusetts, Michigan, Missouri, Mississippi, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington, Wyoming. II, 1(d) and RCW 29A.72.030). Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. Timeline for collecting signatures: Not more than 24 months (A.R.S. 21-A M.R.S.A. If signatures are determined to be insufficient, an additional 10 days is allowed to gather more signatures. Who can sign the petition: Qualified electors (NDCC 16.1-01-09(2)). 2; 21 Okl.St.Ann. Timeline for taking effect: Thirty days after the election at which it was approved (Const. Simply copying another student's . 3; Const. Geographic distribution: 3% of total votes cast for the office of governor from at least 15 counties (Const. Geographic distribution: No more than one-quarter of signatures may come from a single county (M.G.L.A. 187; Okl.St.Ann. Art. 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. 22-24-401, Laws related to dedications of revenue, appropriations, local or special legislation or laws necessary for the immediate preservation of the public peace, health or safety. Art. 273; Miss. 5, 1; A.C.A. Which election is a measure on: General election (N.R.S. Reports of contributions and expenditures are due on the 12th day before an election, the 38th day after an election and the last business day of January and July of every year (ORC 3517.10). What is on each petition: Petition must include full and correct title and text of the law (Const. Collectors must file 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 inititative packetor the April15 immediately before the next regular general election immediately after the application is filed. 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. Where to file: Not specified in statute; presumably with the State Board, since the Board is empowered to adopt regulations specifying how to file. Any proposed law can, with sufficient backing, be put on the ballot in an election. Either way, the measure is put before the people (MS Const. CONST. There is another kind of referendum, called the plebiscite (from a Latin term meaning decree of the people), whereby questions or issues are submitted to the vote of the people. Art. Code Ann. 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. Const. South Dakota has a unique statute regarding pay: may pay based on hourly wage or salary, express or implied minimum signature requirements for the circulator to meet, may terminate someone's employment if they do not meet "certain productivity requirements," and may pay discretionary bonuses based on reliability, longevity, and productivity. (SDCL 12-13-28). 34-1821), Number of signatures required: Six % of the qualified electors at the time of the last general election (I.C. The secretary of state submits the title to the attorney general for approval when signed petitions are timely filed for verification. Allowed to pay another for their signature: Prohibited. Art. Art. Art. The circulator must also register with the secretary of state and complete a training program specified by the secretary (OR Rev. In the United States, amendments to state constitutions also must be put before the voters for approval. IV, 1 and NMSA 1-17-1). Art. 5, 1). 3, 50), Other subject restrictions: No appropriations or other new revenues not provided for in the measure (V.A.M.S. The use of the initiative and referendum (I&R) process has ebbed and flowed throughout U.S. history. Ballot title and summary: The secretary of state and the attorney general also jointly make a more descriptive ballot question summary to be sent to voters. Stat. V, 1(4)(a) and CRS 1-40-123). Rev. 34, 25, Next statewide election unless a special election is called by the legislature or the governor for the express purpose of considering a referendum, Regular election unless otherwise ordered by the legislative assembly, Next regular general election or a special election called by the lieutenant governor, Const. 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706). Time period restrictions before placed on the ballot: 180 days must pass after adjournment of the legislature and the election (Const. Does the law in question take effect before the referendum vote: Suspended upon filing of petition signatures (Const. States may limit the subject matter of ballot measures. Constitution 48, Init., Pt. 5, 1). Both the referendum and the initiative were adopted in the United States under the leadership of groups hostile to machine politics or those convinced that government was generally insensitive to the popular will. Art. Geographic distribution: 6% of the qualified electors at the time of the last general election in at least 18 legislative districts (IC 34-1805). ), Payment on a per-signature basis prohibited. 1-40-105). Art. II, 9 and Mich. Comp. Should this bill be: Approved. II, 1b; O.R.C. 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. Const. Art. Fifteen % for amendments (A.R.S. Withdrawal process of individual signature: Written statement at secretary of states office, mail a notarized statement to the office, or strike name through on petition (A.R.S. Art. Other types of review might include recommendations on wording. Const. A criminal records check is conducted (ORS 250.048). The same ballot title and popular name that appeared on petitions (drafted by sponsors) is submitted by the secretary of state to the board of canvassers for certification. II, 1g and O.R.C. Any person who pays or receives compensation to circulate a referendum petition must file a statement to that effect with the secretary of state before circulation begins. Art. Who creates petitions: Secretary of state (Neb.Rev.St. Amend. 1-40-116). Monthly reports are due on the 10th for any preceding month in which total contributions received or total expenditures made exceed $200 (RCW 42.17A.235). Art. Timeline for taking effect: For statutes, 10 days after the date of the official declaration of the vote, and for amendments, 45 days after election (M.C.L.A. 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. 902) concisely require the counting and verification of signatures, without detailed guidance. Arizona (Const. Const. Stat. To find a specific recall, you can scroll through the items listed in the widget and click on the recall or alert for more information. Each county board certifies the signatures for their county, and the secretary of state verifies the second round of petition signatures for indirect statutory initiatives (OH Const. St. 32-1405). General election, but governor and legislature may call special elections, and certified ballot title is due at least 65 days before the election. Art. Who creates petitions: Created by the petition sponsors and must be approved by the secretary of state prior to circulation (SDCL 2-1-3.1). Six states (California, Maine, Massachusetts, Nebraska, Ohio and Wyoming) require a certain number of days, ranging from 30 to 180, to pass between the date the petition qualifies and the election. No later than six months after the adjournment of the legislature which passed the act. The initiative power extends only to laws which the legislature may enact. II, 1g and ORC 3501.38). 21 1). Art. Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. Art. Next general election at least four months after filing the signatures. 130.021). So as a whole, the free. Subject restrictions: May not be applied to appropriations of money (Const. Art. 4, Pt. Signatures must be filed one year prior to the election. Const. 11 5). For direct initiatives, 10 % of the cumulative total of all votes cast for U.S. president. 353). Art. Various forms of I&R have existed in the United States since the 17th century, beginning in New . 3, 50, 51). 23-17-43. If 95-105% are deemed sufficient, a full verification of all signatures must be conducted (Elec. Amend. Some things to consider as you begin to review. 3, 5). 48, Init., Pt. Legislature or other government official review: Legislature reviews the measure as submitted to it by the proponents. 53 7. If raising more than $5,000 in a year, the entity must register as a ballot question committee. 3, 50; V.A.M.S. On May 18, 1981, Italians resoundingly defeated a proposal to repeal a controversial 1978 abortion law, although the Catholic church had strenuously urged repeal. 4, Pt. Art. Collected in-person: Yes (NRS 32-630 and -1404). Public review or notice: Secretary of state publicizes the measure in newspapers in every county and prepares a pamphlet that is mailed to every mailing address in the state (5 ILCS 20/2). LXXXI, 4). A recall allows people to remove public officials from office, while referendum voting and initiatives allow citizens to propose, approve, or veto specific legislation. 4, Pt. Secretary of state shall print pamphlet of statements in support and against the measures along with the attorney general's title, explanation, and clear statement of a yes or no vote, and if possible, a fiscal statement (SDCL 12-13-23 and 25.1).
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