Thirteen states require publication in a newspaper: Arizona, Arkansas, Florida, Illinois, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, Ohio, Oklahoma and Utah. 904-B), Number of signatures required: Ten % of the total votes cast for governor in the last gubernatorial election (M.R.S.A. Art. Sponsors of advertising must file a report within 24 hours of the time the advertisement is published, mailed or otherwise revealed to the public if the advertisement qualifies as an independent expenditure or has a fair market value or actual cost of $1,000 or more (RCW 42.17A.260). 5, 1), and 60 percent of voters in Florida (F.S.A. 901, 906; 1 M.R.S.A. In 2021, Idaho passed SB 1110, which would have required signatures from 6% of the qualified electors at the time of the last general election in all 35 legislative districts, but in August 2021, the Idaho Supreme Court blocked implementation of that law. 3, 18 and 21-A M.R.S.A. The state must essentially pick a point in time at which to capture a snapshot of the total number of registered voters. IV, 1(3)). Geographic distribution: The required signatures must be distributed equally among all of the petition districts (NRS 295.012 and NRS 293.127563). Art. States may have the direct initiative, the indirect initiative or the choice of either.
CHAP. 13 Sample Exam Flashcards | Quizlet Stat. M.C.L.A. 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. Art. Who can sign the petition: Electors of the state (Const. Art. Art. Rule 2.79; Oklahoma Ethics Commission's Guide for Political Action Committees, Oregon: O.R.S. Art. St. 32-1407). Disclosure reports must be filed 60 days before the election, on the 5th and 20th day of each month until the election, the 20th day of November after the election, and the 20th of January each year. States decide how the ballot title and summary are created and any requirements for the wording of the measure on the ballot. Art. Art. Geographic distribution: None (MCL 168.471 requirement that no more than 15% come from a single congressional district was found unconstitutional in AG opinion 7310, May 2019). V, 2). Art. 1-40-105). 5, 11; Art. Art. No earlier than 75 days, and no later than 15 days, voter information pamphlet and newspaper publication (U.C.A. Must be on good quality of paper in form and manner approved by the secretary of state (IC 34-1804). It is unclear whether the following language in Nevada applies to popular referenda (provisions for which are included in the relevant article), or only to initiatives: This Article does not permit the proposal of any statute or statutory amendment which makes an appropriation or otherwise requires the expenditure of money, unless such statute or amendment also imposes a sufficient tax, not prohibited by the Constitution, or otherwise constitutionally provides for raising the necessary revenue.. For indirect statutory initiatives, roughly 11 months and two weeks (N.R.S. Const. 4, Pt. 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 % of signatures are to be collected between mid-May and July. Art. Rev. 19, 3; N.R.S. Titles 16 and 19), prior to beginning any . Who can sign the petition: Electors of the state (OH Const. Subject restrictions: The following language applies to initiatives and may apply to referenda, This Article does not permit the proposal of any statute or statutory amendment which makes an appropriation or otherwise requires the expenditure of money, unless such statute or amendment also imposes a sufficient tax, not prohibited by the Constitution, or otherwise constitutionally provides for raising the necessary revenue" (Const. Recall is the power to remove an elected . Art. 116.060). Withdrawal process of individual signature: By crossing out his or her own signature at any time prior to the time when the petition is presented to the county clerk for signature verification, or at any time after presentation of the petition to the county clerk but prior to verification of the signature, by presenting in writing or submitting electronically to the county clerk a signed statement that the signer desires to have his name removed from the petition. Art. 168.482; 168.544c). Const. 353, 354). Considered a committee if individual raises or spends more than $5,000. General review of petition: Within 20 days after initial petition filing, attorney general reviews and recommends revisions in an advisory capacity. Law 6-205(d)). Const. 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 (NRS 49-1401). XI, 7 and AS 15.45.250). Art. 5, 1; C.R.S.A. Circulator requirements: Non-Arizona residents and paid-resident circulators must register. Art. 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. XLVII, Pt. Other subject restrictions: Measure provisions cannot be dependent upon meeting certain vote %age. Art. Submission deadline for signatures: 90 days after the final adjournment of the session in which it was passed, except when a recess or adjournment shall be taken temporarily for a longer period than 90 days, in which case such petition shall be filed not later than 90 days after such recess or temporary adjournment (Const. Who can sign the petition: Legal voters (Const. XI, 5). Art. May only be attempted once every three years. For constitutional amendments, from 44 of 88 counties, signatures from 5 % of the votes cast for governor in each county in previous election (OH Const. Art. 3, 3; NDCC, 16.1-01-09), Ohio (Const, Art. 19-121.01; 19-121.04). Const. Collected in-person: Yes (W.S.1977 22-24-312). 21-A M.R.S.A. Petition title and summary creation: Written by sponsors, approved by attorney general (Const. 32-1411. 4, 1, Pt. Pamphlet contains one-sentence statements describing the effect of a "yes" or "no" vote prepared jointly by the attorney general and the state secretary (M.G.L.A. 354, Michigan: M.C.L.A. States vary in how they verify the collected signatures. Art. If they are passed there, they become law without the need for a popular vote. Cure period for insufficient signatures: Upon notice that the petition was improperly filed, sponsors may amend and correct the petition by circulating and filing 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 in which the act was passed (AS 15.45.400). States such as Alaska (AS 15.45.150); Idaho (I.C. XVI, 1; Art. (MGL ch. Time-period restrictions before placed on the ballot: Filed at least four months before election (Ark. 67-6602, 67-6607). Art. Who creates petitions: Sponsors (CRS 1-40-105). 901, 906; 1 M.R.S.A. Petition title and summary creation: The proponent writes a description of 200 words or less of the effect the measure would have if approved by voters (NRS 295.009). Petitions must be filed within 90 days after the adjournment of the legislative session at which the act was passed. (Const. The referendum may be obligatory or optional. All of the chief petitioners must sign the form to withdraw (ORS 250.029). Proponent financial disclosure requirements: Include but may not be limited to groups supporting or opposing ballot measures are treated as political committees, no statute found limiting contributions to ballot measure political committees, designation of a treasurer, filing statements of organization, and follow account and reporting requirements (O.R.S. Who creates petitions: None defined, although the secretary of state reviews and processes the petition, along with the attorney general and the Supreme Court (34 Okl.St.Ann. Paid per signature: Cannot pay based on signature total collected. 5% of the votes cast for governor at the preceding election; 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. Repeal or change restrictions: Cannot veto, and legislature may not repeal. Withdrawal process of individual signature: After the petitions are submitted for signature verification, individual signatures may not be removed (ORS 250.025). 3, 52(e)) with the assistance of the attorney general (Wyo. 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. Another 3 % is required to qualify for the ballot if not enacted by the legislature after four months (OH Const. Art. Clerks follow specific guidelines as to verification decisions in code. Committees in support or opposition to a ballot measure are treated the same as political action committees. 7-9-103). 34-1802). 19, 1 and NRS 295.045 and .056. Const. Art. South Dakota: The Legislative Research Council provides written comments to the attorney general (SDCL 12-13-25; 12-13-25.1). Who creates petitions: Proponents can produce them but must follow form (RCWA 29A.72.100). Does the law in question take effect before the referendum vote: Not automatically, though the law can be suspended with a higher signature threshold and an earlier submission deadline25% of the total vote cast in the last election, including 25% of the votes cast in each of 3/4 of the counties, submitted no later than 90 days after the adjournment of the legislative session (Const. 3, 8). IV, pt. Art. Art. 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. The next general election after signature petitions filed, a legislative session has convened and adjourned, and 120 days after the legislative session adjournment. Petition title and summary creation: Sponsors draft title (Const. Majority to pass: Yes, except two-thirds majority is need in the case of laws changing rules regarding the taking of (U.C.A. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient. Art. 5, 5; M.G.L.A. In 2021, Idaho passed SB 1110, which would have required signatures from 6% of the qualified electors at the time of the last general election in all 35 legislative districts, but in August 2021, the Idaho Supreme Court blocked implementation of that law. 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. Tit. Art. Art. California: Proponents may request review by secretary of state and from the Office of Legislative Council. For constitutional amendments, 8 % of the total votes cast for all candidates for governor in the last general election (OR CONST Art. Art. . Geographic distribution: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 (MT CONST Art. Art. Some states have what's called an indirect initiative process. If the petition is insufficient, the sponsors have 10 extra days to collect more signatures. Art. 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. 34-1812a, 34-1812b, I.C. VI, Subpt. The following is not a legal, comprehensive list of every campaign finance law governing the referendum process in each state but is rather a basic summary and starting guide for where to find relevant statutes. Art. Number of signatures required: 5% of the total vote cast for governor at the last election (Const. What is on each petition: Contains a summary of the subject matter, warning to signers and a statement as to paid circulators (Const. 12, 2). Ballot title and summary: Attorney general (Cal.Elec.Code 9004), Time period restrictions before placed on the ballot: At least 131 days prior to next general election it is to be voted on (Cal.Elec.Code 9016; Cal.Const. The statement may not be submitted electronically (Utah Code 20A-7-305). 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 y the Wyoming constitution. An estimated fiscal impact statement must be printed with any constitutional amendment or initiated or referred measure on the ballot. 3. create a unicameral national legislature. 168.476). Public review or notice: Newspaper publication, and the public has 10 days to file a protest as to the constitutionality of the measure (34 Okl.St.Ann. Art. Circulator requirements: Must be an elector and must be 18 or older (NDCC Const.
Understanding the Ballot Initiative Process - ThoughtCo Art. No. Aside from single-subject rules, seven states have no additional subject restrictions on what can be in initiatives: Arkansas, Colorado, Idaho, Oklahoma, Oregon, Utah and Washington. First general election to be held not less than 30 days after the filing ofthe petition. 23 States have a popular referendum process. Biennial regular general election, with submission deadline three months and three weeks prior to election. Art. No statute found; used Prop. Utah: For indirect initiatives, the legislature may make technical changes only, and prepare a legislative review note and a legislative fiscal note on the law proposed by the initiative petition. What is on each petition: Petition must include full and correct title and text of the law (Const. 22-24-412). M.G.L.A. II, 1c and 1g). Allowed to pay another for their signature: Prohibited (Mo.Rev.Stat. Who can sign the petition: Registered voters (Const. Art. 250.125). Submission deadline of signatures: Ninety days from the official set date from the secretary of state (34 Okl.St.Ann. Art. This ensures that measures are not passed by a small minority of voters, either because of a low turnout election or ballot-drop off (where voters only vote partway through a ballot). 1b), Repeal or change restrictions: No veto by the governor (OH Const. Initiative. II, 1c). List of the Pros of Referendums. 295.056). 5, 1). Art. Which election is a measure on: Biennial regular general election (C.R.S.A.
2, 9; Const. Submission deadline for signatures: Not more than 90 days after the law which is the subject of the petition has become law (Const. 23-17-1; 23-17-3). North Dakota: The secretary of state reviews and if the office deems it insufficient, the committee of petitioners has 20 days to correct it. 218D.810; 293.267). For amendments, 10% of total qualified electors of the state.
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