905-A; M.R.S.A. Subject restrictions: Cannot be used on laws necessary for the immediate preservation of the public peace, health or safety, and appropriations for the support and maintenance of the departments of state and state institutions (Const. 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. 15, Sec. VI, 1 and Utah Code 20A-7-102). To allow opportunity for referendum petitions, no act passed by the legislature shall be operative for 90 days after the close of the session of the legislature enacting such measure. III, 3). Const. V, 3). 1-45-103, 1-45-108.3, 1-45-111.5 1-45-117, Maine: 21-A M.R.S.A. Timeline for taking effect: For indirect initiatives, 60 days after the adjournment of the legislative session that passed it. Recall, the device by which voters may remove public officials from office, also originates with the people. 1-40-111), Nebraska (Neb. Art. Signers must be residents in at least three-fourths of the state house districts, and signatures in each house district must equal in number at least 7% of those who voted in the preceding general election, 3% of total votes cast for the office of governor from at least 15 counties. St. 32-1405.01; 32-1405.02; 32-1413). States may limit the subject matter of ballot measures. Pamphlet contains one-sentence statements describing the effect of a yes or no vote prepared jointly by the attorney general and the state secretary. Proponent organization and requirements: The sponsors must delegate a committee of three to five people to represent them, and must file if any signature gatherers will be paid (O.R.C. Art. LXXXI, 4). 34-1813). Art. Thirteen states require a simple majority to pass statewide ballot measures: Alaska, Arizona, Arkansas, California, Idaho, Maine, Michigan, Missouri, Montana, North Dakota, Ohio, Oklahoma andSouth Dakota. Attorney general after receiving written comments from Legislative Research Council, U.C.A. Who creates petitions: Sponsors (CRS 1-40-105). 19, 3). Eight % for amendments (Cal.Const. Who creates petitions: Proponents with advising by attorney general (Cal.Elec.Code 9012), Fiscal review: Prepared by attorney general, department of finance and the legislative analyst office (Cal.Elec.Code 9005; Cal.Gov.Code 12172). Collected in-person: Yes (NRS 295.0575). Vote requirement for passage: Majority and not less than 35% of the total vote cast at the election (Const. 21 1; CV160314-SA), Montana (MT CONST Art. Circulator requirements: Legal voter (RCWA 29A.72.120). Eighteen months for collection, and then sponsors must submit signatures no later than six months before the election and can only start collecting the day after the previous general election. Art. 3, 1 and SDCL 2-1-1 and 2-1-5). 168.22e; 168.476; 168.477; 168.480). Must include full text of the measure, a ballot title and a popular name (A.C.A. What Are The Different Types And Forms Of . Art. Washington: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. IV, 1). A simplified explanation of the initiative process follows. Art. 3, 17(2)). If passed by legislature, it is subject to the referendum (M.C.L.A. 3, 1). 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706, Washington: RCWA 29A.32.010; 29A.32.031; 29A.32.040; 29A.32.070; 29A.32.080, Arkansas (Arkansas Const. Political committees must file reports of contributions and expenditures. 2 with the secretary of state (34 Okl.St.Ann. III, 5(1) and MCA 13-27-202, Const. Art. Circulator requirements: Resident,18 years old and paid circulators must wear badges (U.C.A. 7-9-107). Which election: Next general election (Const. Thirteen states require publication in a newspaper: Arizona, Arkansas, Florida, Illinois, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, Ohio, Oklahoma and Utah. 1(5)). 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. Code Ann. Then, select a topic from the column at the left for comprehensive information or select a state in the map for state-specific information. Validity determined by the board of elections. Art. The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. V, 1(3)). 293.252). 7-9-104; A.C.A. Art. 4, 2; Constitution 48, Init., Pt. Art. 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. Law 6-201 and -202, Massachusetts: Const. Ballot title and summary: 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. . The legislature can provide for a different effective date with a two-thirds vote of the membership of each house (Const. Who creates petitions: Unclear who actually creates the petition, but it must be created according to a form prescribed by the secretary of state (NDCC 16.1-01-09). The wording on the ballot must read: The legislature passed . 22-24-407). Full and correct copy of title and text must be printed on petitions (NRS 32-1403). Const. Who creates petitions: Secretary of state creates templates, including cover and signature sheets (O.R.S. Art. Who creates petitions: Lieutenant governor provides a copy of the referendum petition and signature sheets; sponsors print additional copies (Utah Code 20A-7-304). The guidelines for the format and content of petitions vary by state. Art. The following contribution and expenditure statements must be electronically filed: drafting statement, filed at the time approval is requested to circulate petition; circulating statement, filed at the time petitions are submitted for signature verification; pre-election statement, filed between the 39th and 31st day prior to the election; and year-end statement, filed by January 31 of the year following the election (NDCC 16.1-08.1-02 and -03). 3, Sec. Art. Art. 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. St. 32-1405). Contributions of $1,000 or more must be reported within 48 hours after receipt (IC 67-6607). Then the legislature rejects or accepts the proposition unchanged (U.C.A. 100.371; 16.061). 8). Petition title and summary creation: Attorney general (RCW 29A.72.060). Const. 3501.38; 3519.05, Oklahoma: OK Const. Art. Who creates petitions: Lieutenant governor (U.C.A. Colorado. If statistical sampling shows that the number of valid signatures is between 95-110% of the number required, an examination and verification of signatures is conducted (Elec. 21). Number of signatures required: Five % of votes cast for governor in last election for stator. Circulator requirements: 18 years old and a resident of South Dakota; no registered sex offender may circulate a petition unless the person is in the employ of and under the immediate supervision of another person and under circumstances with preclude any contact with children (SDCL 12-1-32 through -34). M.C.L.A. Signatures must be submitted no later than 18 months after the petition form was furnished by the secretary of state, and each signature is only valid for one year. No. 32-1411. 48, Init., Pt. 3, 4. Const. IV, 1(10). Art. Art. Not more than 24 months for collection with a deadline of four months before the election, and by 5 p.m. on the final day. She collects 500 signatures so that the city council will vote on it.This is an example of? 14, 3). Timeline for collecting signatures: Petitions carried by paid circulators must be filed on a monthly basis (ORS 250.105). Art. First, they tend to be much shorteran average of 90 days. If a referendum is filed against an emergency measure, it remains in effect until it is voted on by the people (Const. II, 1g). Const. Legislature reviews the measure as submitted to it by the proponents. 4, 5), Forty percent in Mississippi (MS Const. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient (Const. 2, 9). XVI, 5(b). M.G.L.A. Art. Art. A post-election report is due by Jan. 7. II, 1g and ORC 3519.16(F)). Circulator requirements: US citizen and at least 18 years of age (Wyo. See. Art. Art. All of the chief petitioners must sign the form to withdraw (ORS 250.029). A person may not be a circulator who has had a penalty for violation of title 16 (election laws) or title 19 (initiative and referendum laws) in the past five years, has been convicted of treason or a felony and has not been restored to civil rights, or has been convicted of any offense related to fraud, forgery or identity theft (ARS 16-114(D). Number of signatures required: 15% of the total vote cast in the last election (Const. 19, 1 and NRS 293.12757). 54, 53, Drafted by sponsors and approved by board of state canvassers. 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. And if raising more than $5,000 in a year, the entity must register as a ballot question committee and then must file Campaign Statements and other forms with the Nebraska Accountability and Disclosure Commission, all on a set timeline (Neb.Rev.St. 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. For direct constitutional amendments, a timeline beginning on Sept. 1 before the general election it is to be voted upon and ends on the third Tuesday of June of an even-numbered year. Art. Art. 168.474a; 168.486; 168.477; 168.32). Political committee must file a statement of organization. Number of signatures required: For statutory, 5 % of total vote for governor in the last election in each of two-thirds of the state's congressional districts. 116.030 and .050; includes warning to signers, bill number and title, circulator's affidavit, and full text of the measure. Legislature or other government official review: Attorney general prepares explanatory statements. II, 1b). They may also submit their own alternative ballot measure to the people if it is different but under the same subject area. Payment on a per-signature basis prohibited; bonuses based on reliability, longevity and productivity are permitted. N.R.S. The attorney general may approve the title or revise as necessary to comply with the law (34 OS 8(H) and 9). Petition title and summary creation: The statement of purpose and implication, which is prepared by the proponent and approved by the attorney general, is the title for both the petition and ballot. Application process information: Submit draft of proposed initiative to legislative council and office of legislative legal services for review and comment. South Dakota: The Legislative Research Council provides written comments to the attorney general (SDCL 12-13-25; 12-13-25.1). Submission deadline for signatures: Within 90 days following the final adjournment of the legislative session at which the law was enacted (Const. A referendum is a question that appears on a ballot that voters can answer in order to voice their opinion on a particular issue. Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). Number of signatures required: 3% of the whole number of votes cast for governor at the preceding election (Const.