168.472), Oklahoma (OK Const. 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. 116.110). Prepared by attorney general, department of finance and the legislative analyst office. Art. Const. (SDCL 2-1-3). 3503.06). Art. A referendum is a process for constitutional change in which proposal is voted on by the public. 116.115). Circulator oaths or affidavits: Yes (M.C.L.A. 15, 273). 14, 9; Art. a. III, 2; 4), Who can sign the petition: Registered voters (Ne.Rev.St. 19, 2; American Civil Liberties Union of Nevada v. Loma (2006); N.R.S. Where to file: Secretary of state (NMSA 1-17-8). Ballot measure committees must file pre-primary, pre-general, year-end and, if applicable, supplemental reports in even-numbered years. Political committee must file a statement of organization. Timeline for collecting signatures: Must be 180 days from official summary date by attorney general (Cal.Elec.Code 9014). The group of people who are eighteen and older. is information to better inform your work. Reports of contributions and expenditures are due on a quarterly basis (Rule 2.103 and 2.122). 34-1805). In some states, the question is worded such that a yes vote is in favor of the law subject to referendum, while in others, a yes vote is in favor of repealing the law that is the subject of the referendum. 100.371), Geographic distribution: Signatures in each of one-half of the 27 congressional districts of the state (F.S.A. Art. Amount is specified by secretary of state by rule. MS Const. In some states, the official title of the legislation that is the subject of the referendum appears on the petition. O.R.S. The financial estimate committee will estimate costs and consult with the legislative revenue officer. Where to file with: Secretary of state (Neb. XVI, 5(b)). Circulator oaths or affidavit required: Yes (NMSA 1-17-5 and -6). XI, 3 and AS 15.45.320(5)). At a party convention, when an entire state delegation votes for the single candidate supported by the Art. The wording on the ballot must read: The legislature passed . 2, 3), Proponent organization and requirements: Names and residences of first 10 signers in application appear on the ballot with the summary (M.G.L.A. Art. It receives a list of deceased residents from the Department of Health. 2 with the secretary of state (34 Okl.St.Ann. Verification: County officials check that each signatory is a registered elector of the county. General review of petition: The secretary of state will appoint two, three-person committees, one for and one against the measure. Circulator requirements: Must be 18 years old and registered with the secretary of state. Art. Art. Original geographical requirement found unconstitutional. Select a State with Popular Referenda to Learn More. Cannot "pass a law authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property.". Art. Art. Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. If you desire to vote for the retention of the act, mark X in square opposite the words 'FOR APPROVAL OF THE ACT.' Filing must include the description of the effect of the measure, the sponsor's name and signature (NRS 295.015). Paid per signature: Yes, "No law shall be passed to prohibit any person or persons from giving or receiving compensation for circulating petitions." 23-17-17). 22-24-420). Campaign statements must be filed by the 11th day before the election, the thirtieth day after the election, April 25 and July 25 every year, Oct. 25 in odd-numbered years. Proponent organization and requirements: There may be a legally or generally recognized sponsor of the proposed amendment or question (M.C.L.A. Subject restrictions: The referendum shall not be applied to dedications of revenue, appropriations, local or special legislation, or to laws necessary for the immediate preservation of the public peace, health or safety (Const. 295.056. Art. Verification: State Board is empowered to adopt regulations specifying procedures for verifying and counting signatures (Elec. Must file quarterly reports. Code Ann. Const. 19, 2; N.R.S. Const. Rev. 15, 273; Miss. 5, 1; A.C.A. Conflicting measures: Measure with the most affirmative votes prevails (OH Const. Attorney general prepares abstract to be posted at polling places. 2, 4, Pt. Massachusetts (M.G.L.A. 21-A M.R.S.A. Art. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient. Stat. 19-124). Sample petition prepared by secretary of state must include the text of the measure, a statement of purpose and implication, and yes-no statements, as prepared by the petitioner (MCA 13-27-202 and -205). The title of the act subject to the petition appears on the petition. 2, Sec. Does the law in question take effect before the referendum vote: Non-emergency laws subject to referendum do not take effect until 30 days after voter approval. In election years, instead of biannual reports, reports are due no later than the second Monday in April, May, September and October, and no later than the Thursday before an election. 46. 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. Repeal or change restrictions: Laws approved by the people under the referendum provision of this section may be amended by the legislature at any subsequent session thereof (Const. Const. 3519.02; 3501.381). N.R.S. 5, 57; Art. States also decide which election a ballot measure will be voted on and any time restrictions before a measure is placed on a ballot. 295.056. II, 1d). Petitions carried by paid circulators must be filed on a monthly basis. III, 2). If 20 % or more of signatures on any part are invalid, then the burden to prove the rest are valid falls on the sponsors (Ark. 5, 1; A.C.A. 1953 20A-7-208; 20A-7-702). May remove no later than 120 days prior to the next general election and at least two-thirds of petition sponsors must sign the form. 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. 1953, Const. Verification: Counts total number and then takes 5 % random sample to verify signature accuracy (A.R.S. 3, 52(g) and Wyo. Records must be kept of contributions and expenditures. Which election is a measure on: General election (SDCL 2-1-17). II, 9 and MCL 168.471). Art. Proponent organization and requirements: Original filing includes the names and street addresses of every person, corporation or association sponsoring the petition (NRS 32-1405). 3; Const. Although the referendum and the initiative find most widespread use in the United States and the Swiss cantons, they are also provided for in the constitutions of several European and Commonwealth countries. Popular referendum: A citizen-led process to oppose and strike down existing laws. Withdrawal process of individual signature: Can file a request with the county clerk any time before the petition is filed (N.R.S. Art. Art. 34-1805), Who can sign the petition: Qualified electors (I.C. Art. Other requirements may include a legal warning, a statement that the petition circulator is paid, a summary of the proposed measure, the full text of the measure, the county or district where the signature was collected and more. Art. 14, 9). d. devolve into anarchy. The statement may not be submitted electronically (Utah Code 20A-7-305). A successful referendum will alter the wording of the Constitution by deletion and/or insertion. 3, 52). Who can sign the petition: Qualified registered voters (Wyo. 1953 20A-7-207; 20A-7-209; 20A-6-107). 3519.05; 3501.38). Which state requires voters to not wager on an election. Reports of expenditures and contributions received are required quarterly in nonelection years and monthly, March through November, in election years. Art. 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. 34-1802). Vote requirement for passage: Majority (Const. 901 and 1 M.R.S.A. Number of signatures required: 5% of total votes cast for governor at last election (OK Const. (EXAMPLE) What was the name of the act passed for the Referendum? Some states also include signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional. LXXIV, 2 and MGL ch. In the indirect initiative process, a proposed initiative is referred to the legislature after proponents have gathered the required number of signatures. 5, 3), Timeline for taking effect: When approved by a majority of votes (OK Const. To account for double-signing, the secretary will apply at least an 8 % duplication rate to the first sampling. 3, 4; Art. III, 52(a) and Mo.Rev.Stat. 130.110; 130.120; 130.029; 130.046; 130.041). Proponents must turn in sheets each month (O.R.S. 106.03). Timeline for taking effect: Takes effect on the 5th day after the secretary of state files the statement of the vote (Const. Art. Timeline for collecting signatures: Eighten months. What is on each petition: Petition must include full and correct title and text of the law (Const. Ninety days from the date marking the beginning circulation for collection, as set by the secretary of state after public posting and chance for protest, and a deadline of 90 days from the official set date from the secretary of state. Repeal or change restrictions: Two-thirds vote is required to amend or repeal a measure approved by a vote of the people (Cont. Repeal or change restrictions: A measure approved by the electors may not be repealed or amended by the legislative assembly for seven years from its effective date, except by a two-thirds vote of the members elected to each house (NDCC Const. Ballot title and summary: Director of elections, with approval of state board of canvassers, drafts a statement of purpose of not more than 100 words for the ballot (MCL 168.32(2)). 21-A, ch. Code Ann. 3, 52(e) and Wyo. Stat. If the board is unable to verify the genuineness of a signature on a petition using the digitized signature contained in the qualified voter file, the board may cause any doubtful signatures to be checked against the registration records by the clerk of any political subdivision in which the petitions were circulated, to determine the authenticity of the signatures or to verify the registrations (MCL 168.476). Repeal or change restrictions: The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters (Const. 6, 1; U.C.A. Where to file with: Lieutenant governor (U.C.A. For constitutional amendments, 10% of votes cast for governor in last election. What is on each petition: The format follows statute guidelines, must be notarized, must have specific language including legal warning, ballot title and abstract from fiscal impact statement (CRS 1-40-110, 1-40-105.5). IV, pt. St. 32-1405). Art. Statement of organization must be filed not later than 15 days after the committee made or received contributions or paid expenses in excess of $500. In order for a referendum to be successful, it must achieve a double majority of votes for 'yes' both overall and in each state. The lieutenant governor has seven calendar days after receiving the application to certify or deny it (AS 15.45.300). Several states have or had statutory bans on paying circulators either per signature or in general. Public review or notice: The secretary of state and county clerks post items to the secretary of states website and newspapers. Proponents draft and submit a ballot title in their original filing. Withdrawal process of individual signature: None specified. Indirect initiatives can require two rounds of signature gathering, so timelines and deadlines for these are more complex. 218D.810; 293.267). Timeline for collecting signatures: Signature gathering begins on a date specified by the secretary of state and cannot be less than 15 or more than 30 days from the date when all appeals and rehearings have been resolved or have expired. Who creates petitions: Sponsors (CRS 1-40-105). . V, 1(6) and C.R.S. The requirement may be waived by a two-thirds vote in each house of the legislature. 5, 2; Constitution 48, Init., Pt. 19, 1 and NRS 293.12757). Which state does not limit voting rights to individuals who are incarcerated, unless the crime committed was election fraud? Art. Subject restrictions: Laws providing for tax levies, appropriations for the current expenses of the state government and state institutions and emergency laws necessary for the immediate preservation of the public peace, health or safety (OH Const. To place a popular referendum on the ballot, sponsors must gather signatures on petitions. 1-40-108. Which election: Next general election (Const. III, 3). Which election: The secretary of the commonwealth shall submit such law to the people at the next state election (Const. A statement must be filed by a ballot issue committee supporting or opposing a measure not more than 35 days after the petition is filed (MCL 169.234). The states vary in the number and the baseline used to determine the number of signatures required. Allowed to pay another for their signature: Prohibited (V.A.M.S. 7-9-104; 7-9-108), General review of petition: Exact petition copy filed with secretary of state and approval of title by attorney general (A.C.A. 47. If the legislature fails to enact the proposal as written, sponsors then go through a second stage of signature gathering. Art. Contributions in excess of $1,000 from a single contributor received during the 21 days prior to the election must be reported (RCW 42.17A.265). Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies. Secretary of state drafts ballot language that fairly and accurately explains what a vote for and what a vote against the measure represent; approved by attorney general. c. using spot advertisements Collected in-person: Yes (AS 15.45.340(a)). Circulator requirements: According to secretary of state's. b. an open primary. 353, 354). 7-9-404; 406; 407; 408; 409). Ballot title and summary: Lieutenant governor forwards petitions that are qualified for the ballot to the Office of Legislative Research and General Counsel, who drafts an impartial title of not more than 100 words summarizing the contents of the proposal. c. energy producers 3519.21). 19, 3) and summary statement drafted by proponents (NRS 295.009). Const. Allowed to pay another for their signature: Prohibited (O.R.S. Eight % for amendments (Cal.Const. 19, 1). Ballot title appears on the petition (RCW 29A.72.120). 17. Allowed to pay another for their signature: Prohibited (21-A MRS 904-B). Const. 5, 1 and A.C.A. IV, 1). The secretary of state shall not accept for filing any initiative or referendum petition which interferes with the legislative prerogative contained in the Constitution of Nebraska that the necessary revenue of the state and its governmental subdivisions shall be raised by taxation in the manner as the legislature may direct (NRS 32-1408). 7-9-105). Const. 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. Art. 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. 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. Constitution 48, Init., Pt. North Dakota: The secretary of state reviews and if the office deems it insufficient, the committee of petitioners has 20 days to correct it. Art. Conflicting measures: If neither receives a majority, the one receiving more votes will be resubmitted to the next general election by itself if it received at least one-third of the total votes cast for or against the two measures. 19-121), Ballot title and summary: Secretary of state, approved by attorney general (A.R.S. 33. 19, 1 and NRS 295.045 and .056. Allowed to pay another for their signature: Prohibited (NDCC 16.1-01-12). A veto referendum is a citizen-initiated ballot measure that asks voters whether to uphold or repeal an enacted law. (Elec. 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. 22-24-416). Attorney general certifies submitted title and measure and summary by secretary of state, with attorney general oversight. Rev. 22-24-408 and -410). Const. Rev. For When 'Lowdown Crook' Isn't Specific Enough. Types Allowed: Indirect initiative for statutes, and popular referendum. Withdrawal process of individual signature: Any signer may remove their signature at any time before the petition is filed by striking it out on the petition (ORC 3501.38(H)). Art. Art. Vote requirement for passage: Majority (Const. Const. Verification: Direct initiatives are turned into the county clerk of the county in which the initiative packet was circulate. a. Time period restrictions before placed on the ballot: Must be filed at least six months before the election it is to be voted on (V.A.M.S. Where to file: Secretary of state (Const. Code Ann. a. prospective voting. Number of signatures required: 5% of total votes cast for all candidates for governor in the last general election (Const. 22-24-416, First statewide election held more than 180 days after adjournment of the legislative session. Art. 48, Init., Pt. b. the duel between Alexander Hamilton and Aaron Burr in 1803 d. prospective vote, 38. 1953 20A-7-211). But you explicitly may pay based on hourly wage or salary, express or implied minimum signature requirements for the circulator to meet, terminate someone's employment if they do not meet "certain productivity requirements," and pay discretionary bonuses based on reliability, longevity, and productivity (SDCL 12-13-28). 2, 9; Const. Art. States include a range of requirements for petition contents including legal warnings, serial numbers provided by officials, notarization, date of the election the measure is to be voted upon, the measures full text, summary, the district or county where the signature was gathered, if the circulator is paid, fiscal statement abstract, affidavit of circulator, circulator information, rights of the potential signer, names of proponents or proponent organization, statement of the proponent organization and deadline for signatures. Petitions must be submitted not more than 90 days after the law which is the subject of the petition has become law. Const. Stat. Electronic reports of contributions and expenditures must be filed according to a schedule specified in ORS 260.057. III, 52(b)). Const. Then, select a topic from the column at the left for comprehensive information or select a state in the map for state-specific information. Photo identification requirement Which amendment ended poll taxes in 1964? Ten % for amendments (Ark. Referendum. Indirect initiated constitutional amendment, Combined initiated constitutional amendment and state statute, commission-referred constitutional amendments, legislatively referred constitutional amendments, Forms of direct democracy in the American states, Laws governing citizen grand juries in Kansas, Laws governing citizen grand juries in Nevada, Laws governing citizen grand juries in North Dakota, Laws governing citizen grand juries in New Mexico, Laws governing citizen grand juries in Nebraska, Laws governing citizen grand juries in Oklahoma, https://ballotpedia.org/wiki/index.php?title=Initiative_and_referendum&oldid=9086757, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. Paid per signature: Prohibited (MCA 13-27-102). Ballot title and summary: Attorney general drafts ballot title and prepares a statement to be printed in italics immediately preceding the ballot title on the official ballot. 53 7). Art. Timeline for taking effect: 30th day after the election at which it was passed (Const. Seven states specify a process for withdrawing a popular referendum petition from circulation; the remaining states do not. IV, pt. Proponent organization and requirements: No later than thirty (30) days after a proposed bill is submitted for certification, the committee of applicants the names of 100 registered voters who will act as sponsors. Const. Proponent financial disclosure requirements: Include but may not be limited to being covered by the states campaign finance laws, must follow reporting rules, and file statement of organization (RCWA 42.17A.005; 42.17A; 42.17A.205). Art. 3, 24). 7-9-103). Initiative is when citizens get signatures and make the decision to put it on the ballot to be voted on. In order to receive contributions or make expenditures in excess of $1,500 in a calendar year, groups must form a committee for political action and register with the secretary of state. No earlier than 75 days, and no later than 15 days, voter information pamphlet and newspaper publication (U.C.A. Where to file with: Legislative Research Council, attorney general and secretary of state (SDCL 12-13-25.1; 12-13-26). Same if an alternate measure is proposed. Const. Proponent financial disclosure requirements: Include but are not limited to being considered a political committee, appointing a treasurer, filing with the secretary of state, filing regular reports with specific donor information, and may receive unlimited funds (I.C. Timeline for taking effect: The date of the governor's proclamation of the election results (IC 34-1813). 48, Init., Pt. Art. Must file a statement of formation as a political action committee within 10 days of formation. CONST. Collected in-person: Yes (Elec. 16.061). 1(5)). 34-1802). Thirteen states require publication in a newspaper: Arizona, Arkansas, Florida, Illinois, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, Ohio, Oklahoma and Utah. II, 1b). Fifty percent in Wyoming (W.S.1977 22-2-117). II, 1g and ORC 3501.38). Art. Who creates petitions: Petition filed by proponents is certified by attorney general, ballot board, and secretary of state (O.R.C.
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