foreign dignitaries, the form of publicity they receive is called Art. 116.030). Unclear; the statute describing the titling process by the attorney general specifically mentions initiative measures and constitutional initiatives but does not mention popular referenda. 7-9-103), Geographic distribution: From 15 different counties, with each countys petition having signatures of at least half of the designated %age of electors of the county (Ark. XLVII, Pt. These examples are programmatically compiled from various online sources to illustrate current usage of the word 'referendum.' States with geographic requirements using entities that are unequal in population, such as counties or even state legislative districts, are more likely to have the requirement challenged in court (for example, see Montana). Art. Repeat measures: May only be attempted once every three years (Ne.Rev.St. No appropriations or other new revenues not provided for in the measure. Timeline and deadlines for collecting signatures: First 10 signatures must be turned in by the first Wednesday of the September before the assembling of the general court . Voter apathy and inability to understand the nature of the proposal, or just a lack of care for the issue may cause voters to choose to vote 'no' due to fear of change. ; The referendum process allows citizens to refer a law that passed the legislature to the ballot for voters to decide whether to uphold or repeal the law. Art. Art. 7-9-111). 3, 18), Collected in-person: Yes (M.R.S.A. 116.332). For When 'Lowdown Crook' Isn't Specific Enough. If an indirect initiative is rejected, the proposition is submitted to a popular vote, sometimes accompanied on the ballot by the legislatures alternative proposal or a statement of the reasons for the rejection. Art. Stat. Art. 2, 9; Const. Attorney general prepares explanatory statements. 19, 2; American Civil Liberties Union of Nevada v. Loma (2006); N.R.S. Ballot title and summary: Secretary of state in consultation with the attorney general, but the full text of the measure is included if it is not too long (NDCC, 16.1-06-09). Colorado and Florida require a supermajority to pass a constitutional amendment: 55 percent of voters in Colorado (C.R.S.A. No collection timeline except when collecting the second 3 percent of signatures of votes in last election for governor, the deadline is 90 days, and deadline of 110 days before the election generally. 168.472), Oklahoma (OK Const. XVI, 1 and Elec. If the legislature does not enact the proposition, then proponents may collect the additional 5 % of signatures required to get the measure onto the ballot (U.C.A. 15, 273; Miss. Time period restrictions before placed on the ballot: If 60 days do not so intervene between submission of the petition and the date for holding the next state election, then such law shall be submitted to the people at the next following state election, unless in the meantime it shall have been repealed (Const. Contributions in excess of $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. Circulator requirements: Paid circulators must register with the secretary of state and complete training. Who creates petitions: The secretary of state prepares five camera-ready copies of the petition for the sponsors (NRS 32-1405). Art. Proponent financial disclosure requirements: Include but may not be limited to the provisions of the Nebraska Political Accountability and Disclosure Act. 3, 3; NDCC, 16.1-01-09). Under the constitution, an act takes effect 90 days after it is enacted. Art. REFERENDUM Flashcards | Quizlet Constitution 48, Init., Pt. Art. 8). In this form of the process, the Legislature, and in some states the governor, may place a question on the ballot to gauge voter opinion. Const. 3501.38), North Dakota (ND Cent. Number of signatures required: For statutory initiatives, 8 % of legal voters that cast ballots for governor in the last election. Cure period for insufficient signatures: None. 116.120). Verification: County officials check that each signatory is a registered elector of the county. LXXXI, 4). 5, 2; 34 Okl.St.Ann. Where to file with: Division of Elections (F.S.A. Generally, however, the process includes these steps: If enough valid signatures are obtained, the question goes on the ballot or, in states with the indirect process, is sent to the legislature. Application process information: File with the secretary of state an application containing the act to be referred. 48). 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. Petition title and summary creation: Secretary of state, official committee that filed and approved by attorney general (O.R.C. Who creates petitions: The proponents (Miss. 4). 6, Gen. 12, 2; M.C.L.A. XVI, 3). 6, 1). Number of signatures required: 8% of the active voters in the state on Jan. 1 following the last regular general election (Utah Code 20A-7-301(1)). Art. Art. Const. Timeline for collecting signatures: Have 180 days (M.C.L.A. XVII, 1; Art. 48, Init., Pt. Tit. First general election to be held not less than 30 days after the filing ofthe petition. (21-A MRS 905). 250.137; 250.139). b. delegates. IV, 1(4)). 3, 1; Constitution 48, Init., Pt. 5% of the whole number of votes cast for governor in the last election. Const. XLVII, Pt. Verification: Submitted to local registrars of each signer two weeks before submission to secretary of state, who establishes regulations to verify. Proponent organization and requirements: Must file as political committee (F.S.A. Proponent financial disclosure requirements: Include but may not be limited to a ballot question committee filing campaign statements, filing the 16th day before the election to the 11th day before the election, a postelection campaign statement, fines if failure to file properly, advertising guidelines (M.C.L.A. Collected in-person: Yes; petition includes language verifying that each person has "personally signed" (RCW 29A.72.130). Ten states have at least one government official draft or review the petition title and/or summary. 2, 9). Reports of contributions and expenditures of $500 or more must be made within 2 days between the 25th day of the month before an election and the day of the election (MCA 13-37-226). 1953 20A-7-211). d. all of the above. 5, 57; Art. On the graphic below, select either Citizen Initiatives or Popular Referenda at the top of the map. Alaska: Lieutenant governor reviews within 60 days of receiving (AS 15.45.150). Subject restrictions: Laws passed by a two-thirds vote of the members of each house are not subject to referendum (Const. Art. Acts making appropriations for state institutions or to meet deficiencies in state funds, Laws necessary for the immediate preservation of the public peace, health or safety, and laws making appropriations for the current expenses of the state government, for the maintenance of state institutions and for the support of public schools. Amend. Art. 5, 11; Art. Vote requirement for passage: Majority (Utah Code 20A-7-209). Submission deadline of signatures: Six months before the general election (ILCS Const. Fiscal review: The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. 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)). Under the obligatory type, a statute or constitution requires that certain classes of legislative action be referred to a popular vote for approval or rejection. 5, 1). Submission deadline of signatures: Four months prior to the general election (OR CONST 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). A referendum is a process for constitutional change in which proposal is voted on by the public. 1953 20A-6-106; 20A-7-206). 4, Pt. 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. 5, 1). Vote requirement for passage: Majority (Const. Next state election, if 60 days intervene between the date when such petition is filed and the date for holding such state election; if that is less than 60 days, then the law must be submitted to the people at the next state election, unless it is repealed before then. Geographic distribution: The registered voters signing such petition shall be so distributed as to include five percent of the whole number of votes cast for governor at the last election in each of two-fifths of the counties of the state (Const. St. 32-1410), Time period restrictions before placed on the ballot: Four months prior to the general election (Neb. Timeline for taking effect: An act rejected by referendum is void 30 days after certification. Amend. II, 9 and MCL 168.471). Art. Art. LXXXI, 4). What is the difference between recall and referendum? (NMSA 1-17-2) Each signature page is limited to one county and must bear the circulator's certificate and a warning to signers (NMSA 1-17--5); circulators must also present full and correct copy of the law (NMSA 1-17-3). 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. Const. All 24 citizen initiative states require political organizations supporting or opposing a ballot measurealmost always considered political action committeesto follow state campaign finance laws. Select a State with Popular Referenda to Learn More. Fiscal review: The financial estimate committee will estimate costs and consult with the legislative revenue officer (O.R.S. 3, 3; NDCC, 16.1-01-09), Ohio (Const, Art. Art. States with geographic requirements that use entities that are unequal in population, such as counties or even state legislative districts, are more likely to have the requirement challenged in court. 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. Any contribution of $500 or more in the last 13 days before an election is to be reported within 24 hours. 1(3)). *While the Colorado residency requirement for circulators was struck down in Independence Institute v. Gessler, the court upheld the requirement that a circulator present to the notary a specific type of identification. Ballot measure committees must file pre-primary, pre-general, year-end and, if applicable, supplemental reports in even-numbered years. III, 2). 18. 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. Legislature may amend initiative after two years. If raising more than $5,000 in a year, the entity must register as a ballot question committee. The veto power may be exercised only against entire bills, and it may not be exercised upon sections of bills except in the case of appropriation bills (1963 Alas. Referendum - Ballotpedia Art. Time period restrictions before placed on the ballot: Have 120 days before election for amendments, and 160 days before an election and not less than 10 days before legislative session for statutes (M.C.L.A. 2, 3). 1-40-108). II, 1(b) and RCW 29A.72.150). Timeline for taking effect: When approved by a majority of voters (Const. 250.015; 250.052). Const. Art. Withdrawal of petition: Any time before the final submission of signatures, proponents may write to the secretary of state to withdraw (34 OS 8). 21 1 and A.R.S. Verification: County officials verify each signature, printed name, date of birth and address with the voter registration records to determine if the signer is a registered voter (NRS 32-1409). Records must be kept of contributions and expenditures. Art. What are the requirements for a referendum? II, 9). II, 1(d)). Corrections? Application process information: Submit draft and affidavit to attorney general with fee of $2,000, refunded when measure qualifies for the ballot within two years. Art. Art. CONST. Submission deadline for signatures: No later than six months after the adjournment of the legislature which passed the act (Const. Circulation may begin once the attorney general has drafted a circulating title and summary; petition must be submitted within 90 days after the enactment date of the statute. 2, 8. Art. Legislature or other government official review: Attorney general prepares explanatory statements. Must register prior to signature collection and expenditures (On Our Terms '97 PAC v. Secretary of State of Maine (1999) and 21-A MRSA 903-C). Through the initiative a specified number of voters may petition to invoke a popular vote on a proposed law or an amendment to a constitution. IV, 1, Pt. 6), Allowed to pay another for their signature: Likely prohibition on the use of public funds (26 Okl.St.Ann. Art. Stat. Art. Alaska: 1959Arizona: 1912Arkansas: 1920California: 1911Colorado: 1910Idaho: Constitutional provision adopted1912, laws specifying mechanics adopted 1933Maine: 1908Maryland: 1915Massachusetts: 1917Michigan: 1908Missouri: 1908Montana: 1906Nebraska: 1912Nevada: 1904New Mexico: 1911North Dakota: 1914Ohio: 1912Oklahoma: 1907Oregon: 1902South Dakota: 1898Utah: 1900Washington 1912Wyoming: 1968, Four states have no restrictions on what sorts of laws can be subjected to the popular referendum: Arkansas, Idaho, Maine and North Dakota. Types allowed: Initiative for constitutional amendments only, Single subject rule: Yes (F.S.A. Vote requirement for passage: Majority (IC 34-1803). The referendum for constitutional ratification was first used in the state of Massachusetts in 1778. debates. 1953 20A-7-202.5). 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. 8), South Dakota (SDCL 12-13-25.1; 12-13-26; 2-1-1-1; 2-1-1-2), South Dakota (SDCL 12-13-25.1; 12-13-26), Alaska: AS 15.13.040; 15.13.050; 15.13.065; 15.13.110, Arkansas: A.C.A. Each county board certifies the signatures for their county, and the secretary of state verifies the second round of petition signatures for indirect statutory initiatives (OH Const. An amendment requires at least one-fourth of members to support to get onto the ballot. 3, 1 and SDCL 2-1-1 and 2-1-5). Const. 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 percent of signatures are to be collected between mid-May and July and must be submitted to the local registrars two weeks before submission to the secretary of state. Number of signatures required: 5% of votes cast for all candidates for governor at the last gubernatorial election (Const. Paid per signature: Circulators may not receive payment greater than $1 per signature (AS 15.45.340(b)). Petitions must be submitted not less than four months prior to the next general election. Must report on Jan. 15 of an election year all expenditures in excess of $1,000 or cumulative expenditures to one recipient in excess of $1,000 in the previous calendar year. 6; Oklahomans for Modern Alcoholic Beverage Controls, Inc. v. Shelton, Okla., 501 P.2d 1089, 1972). Some states place restrictions on how sponsors may pay petition circulators. Const. Art. Legislatures are often required to refer certain measures to the ballot for voter approval. 3, 50 and V.A.M.S. 3, 52(b) and Wyo. Direct democracy occurs when policy questions go directly to the voters for a decision. ), Const. Which election is a measure on: General election (SDCL 2-1-17). 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. c. pocket veto effect. Petitions must be submitted not more than 90 days after the final adjournment of the session of the general assembly that passed the bill on which the referendum is demanded. Rev. Circulator requirements: At least 18 years old (Elec. Single subject rule: Yes (Const. In political terminology, the initiative is a process that enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. 21 1; A.R.S. If the legislature does not enact the proposition, then proponents may collect the additional 5% signatures required to get the measure onto the ballot. 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, 3% of the votes cast for the office of governor in the last election in half of the counties. Art. Code Ann. First, the county clerks do a simple tally and the secretary of state totals these. Art. One of three authorized people must submit a notice of withdrawal with the secretary of state. 19, 1 and NRS 293.12757). The popular referendum process allows voters to approve or repeal an act of the legislature. Collected in-person: Yes (MCL 168.482a(5)).. Withdrawal process of individual signature: Not specified. Who creates petitions: Secretary of state (ORC 3519.05(C)). VI, Subpt. Verification: The secretary of state may verify the signatures on the petition by use of random sampling (Mo.Rev.Stat. Which election: At the next ensuing election held throughout the state for members of the U.S. House of Representatives (Const. XVI, 4 and Elec. Circulator oaths or affidavit required: Yes (Const. Repeal or change restrictions: Governor may not veto (MT CONST Art. 23-17-43). Petition title and summary creation: Attorney general (RCWA 29A.72.060), What is on each petition: Ballot title, summary, warning and full text of the measure (RCWA 29A.72.120; 29A.72.110). Veto referendum. In the direct process, proposals that qualify go directly on the ballot. 11 5, Idaho: I.C. 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. A voter desiring to vote in favor of the law that is the subject of the referendum shall mark the square adjacent to the word "For" (Utah Code 20A-7-309). Application process information: Before circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the attorney general who shall prepare a title and summary of the measure as provided by law. Where to file: Attorney general, then petition goes to secretary of state (Cal.Elec.Code 9001, 9004; Cal.Const. Art. 2, 19; Amalgamated Transit Union Local 597 v. State of Washington, 11 P.3d 762 [2000]), Arkansas (AR Const. Const. III, 52(a)). In calendar quarters with an election, additional reports are due 10 days before the election and 15 days after the election (ARS 16-926 and -927). Proponent financial disclosure requirements: Include but are not limited to filing with the secretary of state, written disclaimers when publicizing, limits on contributions, detailed contribution reports, unexpended campaign contributions, and rules promulgated by secretary of state (C.R.S.A. Art. Before the 1890s, who was responsible for printing election ballots? Ballot title and summary: Ohio ballot board. III, 5 and 6; NDCC 16.1-01-09(7). Can only be changed by a vote of the people, Two-thirds vote (or majority after seven years), Two-thirds vote (or majority after two years), Select a State with Citizen Initiatives to Learn More, Petition Review, Creation and Public Notice, Petition Review, Creation, and Public Notice, >Petition Review, Creation and Public Notice, States with citizen initiatives (24): Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Maine, Massachusetts, Michigan, Missouri, Mississippi, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington, Wyoming. Art. If a congressional district has 90 % of the needed valid signatures, the petition fails in that district. c. $5,000,000 Circulator requirements: US citizen and at least 18 years old (CRS 1-40-112). Law 6-207(c)). Must include a warning about unlawful signing, a circulator affidavit and a notification as to whether the circulator is paid or volunteer. Contributions greater than $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. Since 2020, state policymakers from both parties have confronted the harassment of election workers, including threats of violence, from a variety of angles, including by revising existing statutes and passing stand-alone protections. 14, 3, 10 ILCS 5/28-2), Who creates petitions: Proponents, no statute (see 10 ILCS 5/16-6; 5 ILCS 20/2). Art. Seven states require filing an initial number of signatures or registering of sponsors as part of an application to fully circulate an initiative: Four states require a filing fee in statute: RCWA 29A.72.010; 43.07.120; 29A.72.020; 29A.72.040. Petition includes title, brief legislative history of the measure to be referred, full text and secretary of state's certification that the full text is correct (ORC 3519.05(C)). 3, 52), Ballot title and summary: Secretary of state, approved by attorney general (V.A.M.S. II, 9). 21 1). 250.029). Arizona: A.R.S. Art. 15, 273), Conflicting measures: Measure with highest number of affirmative votes prevails (MS Const. Conflicting measures: Measure with the most affirmative votes prevails (OH Const. Paid per signature: May be paid but not on number of petitions circulated or signatures obtained. 4), Michigan (M.C.L.A. Petition title and summary creation: 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. During midterm elections, voters are electing, 6. 3, 4; Art. II, 1g; O.R.C. For indirect initiatives, about nine months (proposed measure submitted within 10 months of the session it is to be submitted at with a deadline of 10 days before the session) (RCWA 29A.72.030). 1-40-130, 1-40-111), Number of signatures required: Five % of votes cast for secretary of state in last election (C.R.S.A. 3519.16). 106.19, 100.371, 120.54, Idaho: I.C. Art. Rev. Art. Candidates can use social media as a way of reaching voters. IV, 1b). What is on each petition: Petition must include a short title of 20 words or less, a summary and the text of the measure. Art. Art. Art. Types allowed: Indirect initiative for constitutional amendments, NOTE:In 2021, the Mississippi Supreme Court. 100.371, 101.161; F.S.A. Photo identification requirement Which amendment ended poll taxes in 1964? Const. 2; 21 Okl.St.Ann. Art. Art. Art. 116.153; 116.025). 19-123 and A.R.S. Sponsor, approved by secretary of state, reviewed by attorney general, 10 ILCS 5/28-5; 10 ILCS 5/16-6; 5 ILCS 20/2. IV, pt. Registration requirements vary across states. 1(3)). Fiscal review: Governor's Office of Management and Budget conducts an estimate (U.C.A. Art. 10. Some states do not specify a method for verification. Law 6-103). Art. Rev. Recall referendum: A procedure to remove elected officials before the end of their term of office. IV, 1). History of Initiative and Referendum in California - Ballotpedia 1953 20A-7-213). Then, the legislature rejects or accepts the proposition unchanged. The legislature may submit a competing measure to the ballot (M.G.L.A. Submission deadline of signatures: At least 30 days before Feb. 1 of the year of the general election that the measure is to be voted upon (F.S.A. Final deadline (this is for counties to transmit verified petitions to the secretary of state) is not less than 120 days before the next general election (Const. Paid per signature: Prohibited (SDCL 12-13-28). Amend. 5, 1). Art. Art. Additional statements for ballot measure committees are due April 30 and October 31. But if insufficient funds for the measure, it is effective 45 days after the next convening regular legislative session. If any pair do not match, the rest of the signatures on that page must be verified via this comparison (MCA 13-27-303; 13-27-304). III, 5(1) and MCA 13-27-301. Subject restrictions: Such laws as may be necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing public institutions are not subject to referendum (Const. . XI, 5). II, 1g). Reports of contributions and expenditures are due on a quarterly basis (Rule 2.103 and 2.122). Who can sign the petition: Electors (Const. 3599.14). c. was forbidden by the Campaign Reform Act of 1974. Art. Thesaurus: All synonyms and antonyms for referendum, Nglish: Translation of referendum for Spanish Speakers, Britannica English: Translation of referendum for Arabic Speakers, Britannica.com: Encyclopedia article about referendum. In 1911, California voters approved the constitutional processes of initiative, referendum, and recall. Law 6-202). Which election: General election, or at a special election ordered by the general assembly (Const. 116.332). Circulator requirements: Residency requirement struck down (Term Limits Leadership Council v. Clark [1997]; Miss. Paid circulators must, prior to circulating petitions, sign a statement certifying they acknowledge that it is a misdemeanor to allow signatures on a petition to be used for any purpose other than qualifying a measure for the ballot (Elec. Where to file: Secretary of state (ARS 19-111). What is on each petition: A fair, concise summary of the proposed measure must appear at the top, along with the names and residences of the first 10 signers (Const. Proponent organization and requirements: Application must be signed by ten qualified voters (Const. Next statewide or special election after the legislative session concludes sine die, and signatures submitted to appropriate state officials at least 10 days before submitted to secretary of state, which is the 50th day of the first regular session or the 25th day of the second regular session. Art. 54, 53). 1-45-103, 1-45-108.3, 1-45-111.5 1-45-117, Maine: 21-A M.R.S.A. Proponent organization and requirements: Application must designate a committee of three sponsors who will represent all sponsors and subscribers in matters relating to the referendum (AS 15.45.270). advantage one group or party. Must also meet conditional certification (W.S.1977 22-24-304; 22-24-308). The attorney general submits a draft ballot title and the public may submit written comments in regard to it, which the attorney general may use to revise the title (O.R.S. 4, Pt. Circulators may not receive payment greater than $1 per signature. Timeline for collecting signatures: Eighteen months (V.A.M.S. Repeal or change restrictions: No veto by governor. Which amendment ended poll taxes in 1964? Const. Plurality and majority systems tend to CONST. Nebraska: not less than 35% (Const.
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