2, 1). In three states (Massachusetts, Ohio and Utah), proponents must gather additional signatures to place the measure on the ballot; in the others, it automatically goes to the ballot. Art. 250.065), Time period restrictions before placed on the ballot: Four months prior to the general election (OR CONST Art. Paid signature gatherers must register with the secretary of state and pay a fee of $20 for each petition they will be paid to circulate (SDCL 2-1-1.5 through -1.9). Several states require two officials to write or review the title and/or summary, given their importance to a ballot measure. Arizona (for constitutional amendments, not statutes) (A.R.S. Const. art. 12, 2. Art. Paid per signature: Circulators may not receive payment greater than $1 per signature (AS 15.45.340(b)). Constitution 48, Init., Pt. 3, 4; Art. 3, 18), Ballot title and summary: Secretary of state and attorney general (21-A M.R.S.A. Const. For amendments, must be submitted for verification by the third Tuesday in June of the general election year. Const. 2, 3; Const. 250.036; OR CONST Art. Art. Submission deadline of signatures: Sponsors must submit signatures no later than six months before the election and can only start collecting the day after the previous general election (V.A.M.S. Art. Number of signatures required: 5% of total votes cast for governor at last election (OK Const. Secretary of the state and attorney general. Petition title and summary creation: No separate title, and a simple "statement of the gist" of the measure is included on the petition (34 Okl.St.Ann. Statewide election or a special election called by the governor, Next regular or general election that occurs 125 days after filing, Const. Allowed to pay another for their signature: Prohibited (O.R.C. The following 11 states use a statistical sampling method to determine if petitions have enough valid signatures: Eleven of the popular referendum states specify a procedure by which a person may withdraw their signature from a petition. Art. Petitions must be submitted by 5 p.m. on or before the 90th day after the recess of the legislature, or if the 90th day is a weekend or holiday, by 5 p.m. on the preceding day that is not a weekend or holiday. Art. (Const. Twelve% of total votes cast in last gubernatorial race for governor, V.A.M.S. 12, 2; M.C.L.A. 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. 5 1). Justices of the peace and county recorders may not circulate petitions (ARS 19-114). Ballot title and summary: The secretary of the state and attorney general (W.S.1977 22-24-317). 5, 2; M.G.L.A. Art. 3, 52(e) and Wyo. 130.110; 130.120; 130.029; 130.046; 130.041). Rev. Otherwise the secretary of state in consultation with the attorney general writes a concise summary (NDCC 16.1-06-09). 21-A M.R.S.A. Petition title and summary creation: Secretary of state, official committee that filed and approved by attorney general (O.R.C. Art. LXXXI, 4). Subject restrictions: Acts making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act are not subject to referendum (Const. Withdrawal process of individual signature: Must do before submitted to secretary of state (NDCC, 16.1-01-09). 32-1401; 32-1405; 32-628; 32-1403, Nevada: N.R.S. What is on each petition: Petition must include title of the act, and if only a portion of the act is sought to be referred, the number of the section or sections or portion of sections of the act designating such portion (Const. If petitions are insufficient, sponsors may circulate and file 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 at which the act was passed. 22-24-405). Public review or notice: At least seven public hearings are held on the propositions before circulation in designated regions. Governor may veto a measure initiative by the people and passed by the legislature, but then it is referred to the people as a popular referendum (M.R.S.A. Subject restrictions: Referendum shall not apply to dedications of revenue, to appropriations, to local or special legislation or to laws necessary for the immediate preservation of the public peace, health or safety (Const. Rev. 3519.01; 3519.02; 3513.10). 14, 3), Which election is a measure on: General election (ILCS Const. In an example we calculated the variance and standard deviation for Location 1 of Gilotti's Pizzeria restaurants. Petition title and summary creation: Lieutenant governor (Const. Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. 250.105). Art. Const. 22-24-401). Code 9607). Submission deadline of signatures: Ninety days from the official set date from the secretary of state (34 Okl.St.Ann. Circulator oaths or affidavits: Yes (V.A.M.S. Repeal or change restrictions: None (Const. 1953 20A-7-203). 72.130). III, 3 and MGL ch. Who can sign the petition: Registered electors of the state (Const. 19, 3 and NRS 295.0575). II, 9). Const. These include filing reports and designating organization officers. Must report name and address of donors of $50 or more. Law 6-204(c)). Rule 2.36; Okl.St.Ann. Art. XVI, 1; Art. Timeline for taking effect: Once canvassing of votes is complete (N.R.S. Const. 116.17). Repeal or change restrictions: No act, law or bill approved by a majority of the electors voting thereon shall be amended or repealed by the legislature within a period of two years following such enactment unless by a vote of two-thirds of all the members elected to each house. Circulator oaths or affidavits: Yes, and notarized (A.R.S. Amend. For statutory initiatives, must be submitted to be verified before appearing before the legislature on the second Tuesday in November in even-numbered years, or the next day (N.R.S. Code 23-17-3; MS Const. IV, 1; O.R.S. Proponent organization and requirements: Sponsor must file an affidavit that s/he is a registered voter (RCW 29A.72.010). Most states require proponents of a proposed law to follow guidelines. 19, 1). Proponent financial disclosure requirements: Include but may not be limited to no anonymous contribution in excess of $25, disclosure of contributors, corporations and labor organizations are allowed to make contributions and expenditures, following timelines and deadlines apply for filing reports (V.A.M.S. 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. Repeal or change restrictions: For statutes, may not be repealed by the legislature within two years of its effective date (Const. Art. 1953 20A-7-213). Art. 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. Who creates petitions: Sponsors (RCW 29A.72.100). 19, 1). 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. 23-17-43). 250.045; 260.035; 260.054, South Dakota: SDCL 12-27-22; SDCL 12-27-3, Utah: U.C.A. This is generally the secretary of state, but in Alaska and Utah, the lieutenant governor is the states chief election officer. 5, 1; A.C.A. For constitutional amendments, 10% of votes cast for governor in last election. Amend. Which election is a measure on: The next general election after signature petitions filed, a legislative session has convened and adjourned, and 120 days after the legislative session adjournment (W.S.1977 22-24-319). 14, 9). What is on each petition: Must follow prescribed form and include the provisions for identification of the measure, space for the printed name, space for the signature, address of the committee member, notarization of the signature and affidavit (NDCC, 16.1-01-07; 16.1-01-09). General election, or at a special election ordered by the general assembly. Majority to pass: For statutory initiatives, a majority at a single general election. Art. Time period restrictions before placed on the ballot: See timeline and deadlines. Art. V, 3 and OK Stat. Otherwise, they may submit an alternative measure. General election, and must file by the May before the election the measure is to be voted on. Subject restrictions: May not be applied to appropriations of money (Const. Code 84200.8). 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. II, 10(a)). These include filing reports and designating organization officers. 273; Miss. Who creates petitions: Lieutenant governor (U.C.A. VI, Subpt. Code 107). III, 2). What is on each petition: Petition is addressed to the secretary of state and must contain for each petitioner a declaration that he is a qualified elector, address and date of signature. Art. Which election is a measure on: General election (I.C. 7-9-111). Submission deadline for signatures: June 1 (Const. When people get a lot of signatures to get on the ballot and be voted on by citizens for a change in an old law or for the making of a new law. Which election: Next statewide or general election, whichever comes first, that is not less than 60 days after the petition is submitted (Const. II, 10). 1-45-103, 1-45-108.3, 1-45-111.5 1-45-117). Submit initiative draft to the Attorney General for official title and summary . 116.120). 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)). Number of signatures required: Ten % of votes cast for all candidates for governor in previous election for statutes. Thirty percent in Massachusetts (Massachusetts Constitution 48, Init., Pt. 12, 2; M.C.L.A. Art. 24, 1). Most state statutes include some type of sampling, such as in the cases of Arizona (A.R.S. 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). 4, Pt. Must file quarterly reports. Circulator oaths or affidavit required: Yes (AS 15.45.360). Code Ann. 1953, Const. III, 52(a) and 53). A fee of $500 is required; fee is deposited in general fund (Const. Must submit full text and title, and statement as to the use or not of paid circulators (U.C.A. Types allowed: Indirect initiative for constitutional amendments, NOTE:In 2021, the Mississippi Supreme Court. Washington: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. 19, 1), Proponent organization and requirements: Must file any PACs formed to advance the measure and authorize no more than three people to withdraw or amend the petition (N.R.S. Art. Art. 49-1401). 2, 3). Application for Recall Serial Number. In Maine, Oklahoma and Utah, the law includes additional requirements to those governing conflicting measures: In Alaska, if the lieutenant governor and the attorney general determine an act of the legislature is the same as the proposed measure, then the citizen initiative is voided (AS 15.45.210). LXXXI, 4). Constitution 48, Init., Pt. Geographic distribution: 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 (Const. 2, 9; Const. Art. Withdrawal of petition: None, other than the limit of circulation is one year after the petition is approved by the secretary of state (NDCC, 16.1-01-09). Art. Secretary of state, in consultation with attorney general, OH Const. Oregon requires the election as a whole to have had at least 50 percent voter turnout, but only requires a majority to pass (OR Rev. Art. 1953 20A-7-204.1; 20A-7-208; 20A-7-702). A petition for direct initiative that is approved by the secretary of state and submitted to the legislature must be afforded a public hearing conducted by the joint standing committee that has jurisdiction over the subject matter. 3, 17). Committee must create a "top funders sheet" that is included as part of the petition. XI, 6 and AS 15.45.440). States sometimes limit how soon a measure can be re-attempted. II, 1(d)). 48, Init., Pt. The petition and affidavit are prescribed by the state board of elections and follow administrative rules (SDCL 2-1-1.1; 2-1-1.2; South Dakota Administrative Rules 5:02:08:07). Vote requirement for passage: Majority of the votes cast thereon and at least 40% of the total number of votes legally cast in the election (Const. 5, 1), and 60 percent of voters in Florida (F.S.A. Const. Proponent financial disclosure requirements: Include but may not be limited to each political committee filing with the secretary of state a statement of organization no later than 10 days after receiving at least $200 in contributions or spending at least $200, and any political committee or individual spending at least $200 must file monthly financial reports with the secretary of state (Miss. 16-906, 16-926), Petition title and summary creation: Proponents, description not to be more than 200 words (A.R.S. Art. 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. In three states (Massachusetts, Ohio and Utah), proponents must gather additional signatures to place the measure on the ballot after the first round. Circulator requirements: Age 18 or older (Elec. 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. III, 5(1)). Between 90 and 110 %, every signature is verified (C.R.S.A. Submission deadline of signatures: Must be 120 days before the election it is to be voted upon (NDCC Const. 54 53). General review of petition: 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 (V.A.M.S. Art. II, 9(c)). Code Ann. List of the Pros of Referendums. 5, 1). Petition title and summary creation: The filer submits a description pursuant to N.R.S. Timeline for taking effect: When approved by a majority of voters (Const. Where to file: Secretary of state and attorney general (ORC 3519.01(B)). From official summary date by attorney general, 180 days to collect and must be filed at least 131 days prior to the next general election the measure is to be voted on. Art. What is on each petition: Full text of proposed amendment for amendments, a prescribed warning, and follow other guidelines such as form (M.C.L.A. Number of signatures required: 3% of the whole number of votes cast for governor at the preceding election (Const. IV, pt. Repeat measures: More than two elections on the same general matter cannot be held within 12 months (NDCC, 16.1-01-11). Does the law in question take effect before the referendum vote: In some cases, yes. 21 1 and A.R.S. Art. Petition title and summary creation: Petition must include a summary of 100 words or less (MCL 168.482). 3, 5). 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. Application must include act to be referred; statement of approval or rejection; printed name, signature, address and numerical identifier of not less than 100 qualified voters who will serve as sponsors; the designation of a referendum committee consisting of three sponsors who will represent all sponsors and subscribers in matters relating to the referendum. 48, Init., Pt. Allowed to pay another for their signature: Prohibited (ACA 7-9-103(c)). 19-111), Where to file with: Secretary of states office (A.R.S. Art. Thirteen years since the Supreme Courts controversial Citizens United v. FEC decision, states continue to restrict corporate donations and dark money, and the laws continue to be challenged under the rulings precedent. IV, 1). 5 1). 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. 19, 2; N.R.S. Vote requirement for passage: Majority (Const. Art. M.C.L.A. 19-121. 295.0575). Art. All chief petitioners must sign the form to withdraw (O.R.S. Which election: Next regular or general election subsequent to the 125 days after filing (OH Const. 2, 2; M.G.L.A. III, 5(1) and MCA 13-27-202, Const. 2, 9). Successful ballot initiatives can create, change or repeal state and local laws . 34-1805), Who can sign the petition: Qualified electors (I.C. Geographic entities based on U.S. House districts, which are required to be highly equal in population, have been ruled to be constitutional (for example, see Nevada). St. 32-628; 32-1546). 19, 2; American Civil Liberties Union of Nevada v. Loma (2006); N.R.S. Repeal or change restrictions: For statutes, may be amended or repealed only by three-fourths of each house or by a vote of the electors. Circulator oaths or affidavit required: Yes (Const. If such activity occurs within 30 days of an election, a statement must be filed within 48 hours. Petition title and summary creation: None specified for title, and summary "prepared by the person authorized by law" (M.C.L.A. There has been one exception: The case Initiative and Referendum Institute v. Jaeger (2001) in North Dakota upheld the ban on paying per signature. In California (Cal.Const. Art. Conflicting measures: If the governor believes that two approved laws, or parts laws, are entirely in conflict, they proclaim the measure to be law that has received the greatest number of affirmative votes (U.C.A. Other subject restrictions: Limited to matters that can be enacted by legislation, and no measures that interfere with the legislatures ability to direct taxation of necessary revenues (Nebraska Const. 295.009). . For statutory, 5% of total vote for governor in last election in each of two-thirds of the state's congressional districts. Art. II, 1g; O.R.C. Verification: County officials check that each signatory is a registered elector of the county. Submission deadline of signatures: Signatures must be filed one year prior to the election (SDCL 2-1-1.2). 250.125; 250.067; 250.127, Utah: U.C.A. N.R.S. After all reviews are complete, secretary of state sends the person who submitted the proposal a sample petition form (MCA 13-27-202). Other subject restrictions: The initiative power extends only to laws which the legislature may enact (M.C.L.A. Const. Verification: Board of state canvassers verifies the signatures using the qualified voter file and shall complete the process at least two months before the election (M.C.L.A. General review of petition: Reviewed by attorney general and Ohio ballot board, which also writes pro or con statements if not supplied (OH Const. 5, 7). NDCC 16.1-01-12(1)(j), 16.1-08.1-02, 16.1-08-03. And, in some states, the review is purely technical; the proposal is reviewed to ensure it meets the legal requirements for format and style and adheres to drafting conventions. Stat. If you desire to vote against the retention of the act, mark X in the square opposite the words 'FOR REJECTION OF THE ACT. Code 18603). Stat. Legislature or other government official review: The chief petitioner may amend the initiative without having to re-submit if the attorney general reviews the changes and certifies that it does not change it substantially (O.R.S. Majority to pass: Yes, except in the case of authorizing gambling or lottery, which requires 60 % to pass (RCWA Const. 8). 8). 14, 3), Majority to pass: Three-fifths of those voting on the amendment itself or a majority of those voting in the election (ILCS Const. Once this power is secured the other popular govern-ment features will be added, until conventions, the ready instru-mentality of the political dictator, will be abolished and the direct primary, corrupt practices act and recall will be established. Petition title and summary creation: Secretary of state (21-A MRS 901(4)). 168.32). The initiative process allows citizens to propose a new statute or constitutional amendment. Timeline for collecting signatures: Time limit for circulation begins with the first signature on a petition and ends 14 days after that. Must report contributions received if more than$20 and all expenditures quarterly in off-election years, on the first Monday in May and every two weeks thereafter before the primary election, on the first day of each month beginning with the sixth full month before a major election, on the first Monday in September and on each Monday every two weeks thereafter before the major election, and 30 days after the major election. Verification: The secretary of state establishes the statistical sampling method. Submission deadline for signatures: Within 90 days after the adjournment of the legislative session in which the act was passed (AS 15.45.370(2)). 4, Pt. Proponent financial disclosure requirements: In order to receive contributions or make expenditures in excess of $1,500 in a calendar year, must form a committee for political action and register with the secretary of state (NRS 294A.230). Subject Matter Excluded From Popular Referendum, Dedications of revenue, appropriations, local or special legislation or laws necessary for the immediate preservation of the public peace, health or safety, Laws immediately necessary for the preservation of the public peace, health or safety, or for the support and maintenance of the departments of the state government and state institutions, Urgency statutes, statutes calling elections or statutes providing for tax levies or appropriations for current expenses of the state, 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, Laws making any appropriation for maintaining the state government or for maintaining or aiding any public institution, not exceeding the next previous appropriation for the same purpose, Const. Who creates petitions: Secretary of state approves the format and printers proof (C.R.S.A. Cannot have had a civil or criminal penalty for a violation of election code in the last five years; been convicted of treason or a felony and not restored civil rights; been convicted of any criminal offense involving fraud, forgery or identity theft. Circulator requirements: At least 18 years old and a qualified elector (34 Okl.St.Ann. M.G.L.A. Collected in-person: Yes, in the presence of the circulator (IC 34-1807). Art. Art. Three% of votes cast for governor at preceding biennial state election to submit to the legislature. N.R.S. Art. 15, 273; Miss. II, 9 and MCL 168.471). Ballot title and summary: Lieutenant governor drafts a title which is limited to 25 words and must indicate the general subject area of the act and a "proposition" of not more than 50 words for each section that gives a true and impartial summary of the act being referred (Const. Const. 21). 7-9-107), Legislature or other government official review: No statute, Public review or notice: Notice to be posted in statewide newspaper five months before election at expense of petitioners (Ark. St. 32-630 and -1404), Nevada (N.R.S. II, 1g; O.R.C. 19-121. 1(3)). 3, 3; NDCC, 16.1-01-09), Ohio (Const, Art. 14, 3, 10 ILCS 5/28-2, Massachusetts: M.G.L.A. 6, 22), Other Subject restrictions: No restrictions (See U.C.A. Const. 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). 5 , 1; A.C.A. Same if an alternate measure is proposed. Paid per signature: Cannot pay based on signature total collected. Does the law in question take effect before the referendum vote: No (Const. 19, 1 and NRS 295.045). Withdrawal process of individual signature: Signatures may be withdrawn up to the time of submission of the petition. Seven states specify a process for withdrawing a popular referendum petition from circulation; the remaining states do not. Who can sign the petition: Qualified electors (A.R.S. Public notice requirements are found in the following statutes. (21-A M.R.S.A. Ballot title and summary: Secretary of state drafts ballot language statements that fairly and accurately explain what a vote for and what a vote against the measure represent, approved by attorney general (Mo.Rev.Stat.
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