Art. 1-40-105). 1-40-111), Nebraska (Neb. Neb. 5, 7). Reports of contributions received, and expenditures made must be filed at least seven days before any primary, special or general election (Wyo. 14, 3 and see Coalition for Political Honesty v. State Board of Elections (1976). Initiative, referendum, and recall are three powers reserved to enable the voters, by petition, to propose or repeal legislation or to remove an elected official from office. Does the law in question take effect before the referendum vote: In some cases, yes. What is the difference between referendum and initiative. Proponents must file reports of payments made to signature gatherers. Art. St. 32-1405.01; 32-1405.02; 32-1413, Ohio: OH Const. Ballot title and summary: Secretary of state (Const. IV, 1). 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. Art. 19, 1). Art. 53 7). Stat. 3, Sec. Art. LXXXI, 4). Citizen initiatives and popular referenda are two forms of direct democracy. 34-1801a, 34-1804, 34-1809). 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. 19-123 and A.R.S. Must include the names, addresses and signatures of at least 25 electors as sponsors and the full text of the measure (Const. Proponent organization and requirements: Original filing includes the names and street addresses of every person, corporation or association sponsoring the petition (NRS 32-1405). Circulator requirements: Must just be at least 18 years old (N.R.S. III, 3 and MGL ch. 116.334; 116.260). 100.371). Collected in-person: Yes (Const. Repeal or change restrictions: No veto by governor. Ballot title and summary: Submitted to Board of Election Commissioners and then certified to the secretary of state (Ark. Art. 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. 3519.07, Oregon: O.R.S. Massachusetts: Proponents may alter the measure in small ways after legislature reviews it. 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. Art. XLVII, Pt. V, 3 and OK Stat. III, 2), Oklahoma (OK Const. Disclosure of advertisements is required. 250.025), Collected in-person: Yes (O.R.S. 1-40-106). Collected in-person: Yes (U.C.A. Submission deadline of signatures: May 1 in the year of the election that the initiative will appear on, or 18 months from the date the petitioner receives the official ballot title from the secretary of state, whichever is earlier. Only 20 signatures allowed per sheet and each sheet is from one county. Fifteen% of total ballots cast in previous general election. Art. ILCS Const. Timeline for taking effect: Once canvassing of votes is complete (N.R.S. Get started for free! 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. Proponent financial disclosure requirements: Include but may not be limited to organizations supporting or opposing ballot measures considered political action committees and can be considered an unlimited committee, unlimited contributions to unlimited committees, and filing statements of organization and when contributions are made of greater than $1,000 (34 Okl.St.Ann. The maximum number of signatures counted from any individual congressional district is one-fifth of the total number required. And secretary of state will hold public hearings at least 95 days before the election (O.R.S. Initiative Election: Referendum: Recall Election: Right of citizens to propose laws or amendments for approval or rejection by the voters. 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206. 2, 10). II, 9). 3; Const. 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. Law 7-105. For indirect initiative states, this review process involves the legislature and can be quite extensive. Paid per signature: No ban on initiative petitions, but a statement must appear on the petition if circulator is being paid (W.S.1977 22-24-310). 901 and 1 M.R.S.A. 2, 8). Proponents, but certified by state board of elections and reviewed by attorney general. Proponents must file reports of payments made to signature gatherers (IC 67-6612). Const. Art. And published in newspaper (F.S.A. Proponent financial disclosure requirements: Include but are not limited to reporting for contributions over $1,000, restrictions on what organizations can support, disclosure statements, semi-annual and pre-election statements, quarterly ballot measure statements, expedited and triggered statements and more (Cal.Gov.Code 82013, 84200, 84202.3, 85309, 84511, 84101, Cal.Elec.Code 18680; Form 460). Const. Art. To place amendment on ballot, legislature must pass resolution with three-fifths majority (F.S.A. 19, 2), Repeal or change restrictions: No amendment or repeal by the legislature within three years of enactment (N.R.S. Repeal or change restrictions: Amend or repeal must be approved by voters, unless the original measure permits amendment or repeal without voter approval (Cal.Const. XVI, 2). The state must essentially pick a point in time at which to capture a snapshot of the total number of registered voters. Which election: General election (SDCL 2-1-17). L-04, 2011 WL 1130010 (July 5, 2011). The most common requirements: that they be at least 18 years old, a citizen, a registered voter and/or a resident of the state. Proponent organization and requirements: In addition to the application, petition must include the names, residence addresses, email addresses, telephone numbers and signatures of five voters who are designated to receive notices (21-A MRS 901). 23-17-41). 14, 10). II, 9 and Mich. Comp. 116.334). XVI, 5(b)). Study with Quizlet and memorize flashcards containing terms like The Boston Tea Party, Whisky Rebellion, and California's Proposition 13 were all popular rebellions that were related to _____., Eliminating tax increases may result in _____., Democracy in the United States derives its powers from _____. Furthermore, statutes allowing or requiring paying per signature have been overturned by the courts. Art. 295.015; 293.250). 4, Pt. Signatures in each of one-half of the 27 congressional districts of the state. 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. Repeat measures: For three years, measures can only be proposed again by signatures totaling 25 % of total votes cast for governor last election, and special rule for competing measures (OK Const. Who can sign the petition: Any registered voter of Missouri, but each petition page can contain only signatures from one county (Mo.Rev.Stat. They exist in a variety of forms. 48, Init., Pt. Allowed to pay another for their signature: Prohibited (U.C.A. Art. 3, 51; V.A.M.S. Clerks check the names, verify they are 18 or older, and determine if they are a registered voter. 116.030). Ballot measure committees must also provide an initial disclosure report 15 days after the committee begins raising or spending money, with subsequent quarterly reports until the pre-election report is due. 905-A; M.R.S.A. Same if an alternate measure is proposed (M.C.L.A. Single subject rule: Yes (OR CONST Art. If a second sampling is needed, an estimated duplication rate will be calculated. 354). 2; 21 Okl.St.Ann. Which election: The first statewide election held more than 180 days after adjournment of the session during which the act was passed (Const. IV, 1). Petition title and summary creation: Secretary of state provides serial number, and attorney general writes a title posed as a question and summary (Miss. II, 1g and ORC 3519.01). Art. Art. Art. LXXIV, 2 and M.G.L.A. Formal processes vary greatly, such as the requirement of a formal sworn statement in Missouri (V.A.M.S. Art. Art. Referendum, however, is a measure submitted by the government to the people for their approval. Where to file with: Secretary of state (OK Const. Art. IV, 1). V, 3 and OK Stat. 21 1; A.R.S. 3519.01). AB 45; 30). 22-24-409). III, 3). 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. MS Const. Legislator proposes a law, voters vote on it. 3, 17(3)). III, 8). 5, 57; Art. Circulator oaths or affidavit required: Yes (MCA 13-27-302). Arizona. 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. Rponses possible : a. Justices of the peace and county recorders may not circulate petitions (ARS 19-114). Legislature may hold public hearings and must hold a committee hearing once 25 percent of signatures are collected (Cal.Gov.Code 12172; 10243; 12172; Cal.Elec.Code 9007; 9034). Verification: For each signature, county clerk verifies if the person is a registered voter (Utah Code 20A-7-306(3) and -306.3). Timeline for collecting signatures: Eighteen months or until April 30 of the year of the next general election, whichever is earlier (I.C. Number of signatures required: 10% of the voters who voted in the preceding general election (Const. 3, 18). Petition title and summary creation: The title of the act subject to the petition appears on the petition (Utah Code 20A-7-303). Art. Statewide general election, and 90 days before the first day of the legislative session and the first five measures make it on the ballot. Ballot title and summary: Prepared jointly by the secretary of state and attorney general (IC 34-1810(1)(b)). No person shall qualify as a petition circulator who has been convicted of, found guilty of or pled guilty to an offense involving forgery under the laws of this state or an offense under the laws of any other jurisdiction if that offense would be considered forgery under the laws of this state (Mo.Rev.Stat. CONST. referendum and initiative, electoral devices by which voters may express their wishes with regard to government policy or proposed legislation. Timeline for taking effect: The first day of July after the completion of the official canvass (SDCL 2-1-12). Who can sign the petition: Qualified voters (SDCL 2-1-6). What is on each petition: The full text of the measure, the affidavit of the circulator, the name of each petition district of the registered voters signing those pages, and each petition must have a 200-word or less description on each signature page of the petition (N.R.S. Art. Ballot title and summary: Ohio ballot board. Ohio ballot board; proponents may suggest title. Art. Which election: Biennial regular election (IC 34-1803). Law 13-202). Colorado and Nevada require a simple majority for statutory measures only. 4, 1, Pt. Cure period for insufficient signatures: If signatures are determined to be insufficient, an additional 10 days is allowed to gather additional signatures (Const. Submission deadline of signatures: Signatures must be filed one year prior to the election (SDCL 2-1-1.2). 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. 901, 906; 1 M.R.S.A. Upon each of the ballots, following the ballot title or text, the words For the referred law and Against the referred law, must appear. 23-17-43). 3519.01 and 3519.05(C). Art. 34, 1, 4 and 8. The ordinance is suspended from becoming effective pending the outcome of the election. Art. Geographic distribution: 5% of the vote cast for governor at the preceding election from at least one-third of total legislative districts (Const.
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