2015.5), Circulator oaths or affidavits: Yes (Cal.Elec.Code 104, 9022, 9610), Paid per signature: Yes, but signed oath if paid (Cal.Elec.Code 101, 9610), Allowed to pay another for their signature: Prohibited (Cal.Elec.Code 18603). Repeal or change restrictions: Governor may not veto. Who creates petitions: Secretary of state designs the petition and the division of elections issues the actual petition to proponents (M.R.S.A. 54, 22A). Utah requires 60 percent approval for laws that alter hunting and fishing (See Utah Const. 295.015). 250.125; 250.067; 250.127). Petitions with an incomplete or modified affidavit are invalid (Const. Art. 48, Init., Pt. General assembly members opposing the amendment may prepare or designate others to prepare a brief argument against such amendment, submitted to attorney general (5 ILCS 20/2). 5, 1). 5, 1), Single subject rule: Yes (Cal.Const. 353), What is on each petition: Fiscal impact statement, summary by secretary of state, name of circulator and statement on right of signer to read summary and fiscal statement before signing, and instructions from secretary of state (21-A MRSA 901, 903). 3, 5). Circulator requirements: Residency requirement struck down (Term Limits Leadership Council v. Clark [1997]; Miss. Verification: Each signature is physically counted. Code 9050). The same safe and trusted content for explorers of all ages. II, 9 and MCL 168.471). 1953 20A-7-213). Michigans constitution explicitly grants the legislature the power to amend laws approved by the people by referendum at any time (Const. Art II, 10 and Elec. Const. 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. Reports of contributions and expenditures must be filed no later than the eighth day before the election, the 30th day after an election and the 15th day following the close of each calendar quarter. Depending on the nature of the particular plebiscite, the result may be binding or it may be only advisory. In all other cases, an act that is subject to the referendum remains in effect until it is rejected at an election (MCA 13-27-105(3)). Art. Circulator oaths or affidavits: Yes, and notarized (A.R.S. 2, 24). 295.012; 293.127563; Angle v. Miller, 2010, 722 F.Supp.2d 1206. Const. Verification: State Board is empowered to adopt regulations specifying procedures for verifying and counting signatures (Elec. Details on who or which offices writes the title and summary are listed below. Some things to consider as you begin to review. 5, 1). Const. Proponent financial disclosure requirements: Include but may not be limited to being covered by the states campaign finance laws, must follow reporting rules, and file statement of organization (RCWA 42.17A.005; 42.17A; 42.17A.205). What did referendum and recall do? - TeachersCollegesj Submission deadline of signatures: Filed four months before election, and have been published in newspaper at least 30 days prior (Ark. 1-40-108). The committee 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. Reports of contributions received and expenditures made must be filed at least seven days before any primary, special or general election. A yes vote approves the referred act, and a no vote rejects it. a. . Art. Cannot be a person once convicted of, or who has pled guilty to crimes involving forgery, Criminal background check done for paid circulators with additional restrictions, Cannot in last five years have been convicted of a crime involving fraud, forgery, or identification theft or subject to a civil penalty due to an election offense. Art. Fiscal statement is included in voter pamphlet as is other information. There has been one exception: The case Initiative and Referendum Institute v. Jaeger (2001) in North Dakota upheld the ban on paying per signature. 116.332). 19, 3). Art. The secretary of state shall vacate the certification of the official ballot title within three days of receiving notice of the withdrawal (Mo.Rev.Stat. Law 7-103(c). II, 1(d)). Art. If paid, must also register with the secretary of state and take training program (O.R.S. Allowed to pay another for their signature: Prohibited (U.C.A. For indirect statute petitions, the legislature has 40 session days to pass or reject the unchanged or unamended measure. 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. Art. III, 2). Another 10 states allow petition sponsors to draft the title and/or summary, in some cases with approval by a state official. II, 1d). Collected in-person: Yes (Elec. 2; 21 Okl.St.Ann. Geographic distribution: 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 (Neb. II, 1e). Time period restrictions before placed on the ballot: Signatures must be filed one year prior to the election (SDCL 2-1-1.2). 218D.810; 293.267). Time period restrictions before placed on the ballot: Submission deadline three months and three weeks prior to election (C.R.S.A. III, 3). The descriptive title, which is printed below the official title on the ballot, is written by the secretary of state with the approval of the attorney general. Arkansas. II, 9(b)) and eligible registered voters (Elec. Withdrawal of petition: Any time more than 70 days before the election, a majority of the members of the committee that represents the petition may withdraw the petition by providing written notice to the secretary of state (ORC 3519.08). 22-24-411). Stat. Art. Recall ap gov example - swpqbq.traslochigiuseppe.it Const. Eighteen months or until April 30 of the year of the next general election, whichever is earlier, for collection, and a deadline of 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. Ballot title and summary: Secretary of state (Const. Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures. General election, and signatures must be verified no later than Feb. 1 of the year of the general election. 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. Art. Repeal or change restrictions: Governor may not veto (MT CONST Art. 19, 3; Nev. Rev. 1(3)). The requirements for an election with statewide ballot measures vary greatly by state. Petition title and summary creation: Proponents draft (NRS 32-1405). Art. Law 6-202). Const. Circulator requirements: Resident of South Dakota who is at least 18 years old (SDCL 12-1-3). The citizen initiative process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. Six states do not require fiscal statements: Arkansas, Idaho, Illinois, Michigan, Nebraska and Oklahoma. The sponsor may file a written notice to withdraw the initiative with the secretary of state. Number of signatures required: 5% of votes cast for all candidates for governor at the last gubernatorial election (Const. General review of petition: Within 20 days after initial petition filing, attorney general reviews and recommends revisions in an advisory capacity. 3519.08). Art. 3, 53). A petition may only be rejected if two different sampling processes determine it does not have sufficient signatures. Statement of organization must be filed not later than 15 days after the committee made or received contributions or paid expenses in excess of $500. 3, 2; NDCC, 16.1-01-17). III, 2). If legislature amends, it does not go into effect until the original is rejected by the voters. Submission deadline for signatures: Petitions must be filed within 90 days after the legislature at which the act sought to be referred was passed shall have adjourned sine die or for more than ninety days (Const. Stat. Code Ann. The ballot initiative process gives California citizens a way to propose laws and constitutional amendments without the support of the Governor or the Legislature. 7-9-107). Art. S. So as a whole, the free-response section accounts for half your total AP Gov score (the other 50% comes from the multiple-choice section). Prepared by joint legislative budget committee staff. 2, 1). Withdrawal of petition: May remove no later than 120 days prior to the next general election (SDCL 2-1-2.3). 19, 1). Submission deadline for signatures: Must be filed within 90 days of when the applicable legislative session adjourns sine die (AZ Const. III, 4), Timeline for taking effect: Ten days (Ne.Rev.St. Must also file with the secretary of state not less than four months before the election at which initiatives are to be voted on. 5, 1), Other subject restrictions: No other statutes. The device was first adopted in the United States in 1903 as a part of the Los Angeles city charter. Const. Art. What is an initiative referendum and recall? - Short-Fact Art. 3519.21. Number of signatures required: Ten % of votes cast for all candidates for governor in previous election for statutes. referendum: [noun] the principle or practice of submitting to popular vote a measure passed on or proposed by a legislative body or by popular initiative. 116.180; V.A.M.S. Repeal or change restrictions: Legislature may propose alternative measure or initiate the standard process for amending the constitution (MS Const. 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). Circulator oaths or affidavit required: Yes (Const. Where to file with: Division of Elections (F.S.A. 7-9-108). VI, 1 and Utah Code 20A-7-102). IV, pt. 2, 10; Cal.Elec.Code 9004). Where to file with: None, but state board of elections certifies signatures (5 ILCS 20/2a). Proponent organization and requirements: The cover of an initiative or referendum petition shall designate the name and residence address of not more than three persons as chief petitioners (ORS 250.045(6)). 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). XLVII, Pt. Art. Art. Attorney general writes title and summary if original is challenged in court (F.S.A. 3, 52(b) and Wyo. Initiative. Art. Art. Unlimited, but if number of filed signatures is deemed insufficient, sponsors have 30 days to collect more. Art. These include filing reports and designating organization officers. 19, 3) and summary statement drafted by proponents (NRS 295.009). 53 7). LXXXI, 4). Petitions may be signed at any time after an act is passed and must be submitted by June 1. 5, 11; Art. But if insufficient funds for the measure, it is effective 45 days after the next convening regular legislative session. What is on each petition: Must follow form guidelines and include signature of attorney general, affidavit of canvassers, instructions and signatures for only one county (A.C.A. Art. Montana: Reviews done by attorney general and legislative services division. Ballot title appears on the petition (RCW 29A.72.120). M.G.L.A. Art. 15, 273; Miss. 116.030 and .050; includes warning to signers, bill number and title, circulator's affidavit, and full text of the measure. 295.009). II, 1c and 1g). Fiscal review: Governor's Office of Management and Budget conducts an estimate (U.C.A. II, 1(d) and RCW 29A.72.030). The requirement states that a petition must garner valid signatures from six of the state's nine congressional districts that equal 5 % (for a statutory proposal) or 8% (for a constitutional proposal) of the votes cast for governor in that district in the last election. Laws authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property. Constitution 48, Init., Pt. Must also file with the secretary of state not less than four months before the election at which they are to be voted on (I.C. 1-40-106 and 1-40-107). What is on each petition: A copy of the act to be referred if the number of words is 500 or fewer; the statement of approval or rejection; a statement of the minimum costs to the state associated with certification of the application and review of the petition, excluding legal costs and costs associated with any challenge to the validity of the petition; an estimate of the cost to the state of voter approval or rejection; an impartial summary of the subject matter of the act; a statement of warning prescribed in AS 15.45.330; sufficient space for the printed name, numeric identifier, signature, date of signature, and address of each person signing the petition; and other specifications prescribed by the lieutenant governor to ensure proper handling and control (AS 15.45.320). Submission deadline for signatures: No later than six months after the adjournment of the legislature which passed the act (Const. Under the optional referendum, a specified number of voters may, by petition, demand a popular vote on a law passed by the legislature (a process similar to the initiative). 3, 1; Constitution 48, Init., Pt. Art. If a congressional district has 90 % of the needed valid signatures, the petition fails in that district. Const. And attorney general reviews legality (MCA 13-27-202; 13-27-312; 13-27-402). Proponent organization and requirements: Original filing includes the names and street addresses of every person, corporation or association sponsoring the petition (NRS 32-1405). Art. 5, 1), Timeline for taking effect: Thirty days after the election unless otherwise specified in the act (Ark. Information on states that restrict payment to circulators are below. Art. 4, 1, Pt. 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. Application process information: A sample sheet is submitted to the secretary of state before petitions may be circulated. IV, 1). The public may protest as to the constitutionality of the measure. 130.110; 130.120; 130.029; 130.046; 130.041). Collected in-person: In the circulator's presence (V.A.M.S. V, 1(6) and CRS 1-40-111(2)). Verification: County officials check that each signatory is a registered elector of the county. III, 1). 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. Law 6-205(d)). Art. Majority to pass: Yes (NDCC Const. 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. Art. General review of petition: The secretary of state will appoint two, three-person committees, one for and one against the measure. A petition's sponsor must file a campaign finance report at the time a petition is filed under 6-205, and a committee opposing a ballot measure must file a campaign finance report within 10 business days after the petition is filed under 6-205. 54 53). The referendum may be obligatory or optional. Amend. 1953, Const. Withdrawal process of individual signature: May cross out signature on petition prior to submission to clerk or by written statement expressing wish for withdrawal after the petitions are turned in to the clerk (I.C. Collected in-person: Yes (Neb. 19-111). Where to file: Secretary of state (Const. Stat. Art. VI). Legislator proposes a law, voters vote on it. 2, 3, Michigan: M.C.L.A. ), Payment on a per-signature basis prohibited. What is on each petition: There is very little in statute relating to petition contents or format. Repeal or change restrictions: Two-thirds vote required to amend or repeal within seven years of effective date (Const. Colorado. Voters can propose and vote for new laws. Submission deadline for signatures: Not more than 90 days after the end of the session at which the act was passed (Const. Maine: If neither receives a majority, the one receiving the most votes, if it receives more than one-third of the votes given for or against both, will appear at the next statewide election to be held not less than 60 days after the vote (M.R.S.A. Timeline for collecting signatures: Once the petition is approved and a serial number is issued, sponsors have until 5 p.m. on the 90th day after the legislature session adjourns. Art. Const. Public review or notice: Able to attend meeting on petition application review, title board meetings, ballot information booklet prepared by legislative council (C.R.S.A. Oklahoma: If neither receives a majority, the one receiving more votes will be resubmitted to the next general election by itself if it received at least one-third of the total votes cast for or against the two measures. Const. Art. Application process information: Original draft of petition must be submitted to secretary of state before circulating, including a suggested popular name; secretary of state approves and certifies both or disproves and specifies each deficiency (NMSA 1-17-8). The attorney general may determine an act of the legislature is the same as a proposed law and will remove it from appearing on the ballot (W.S.1977 22-24-304; 22-24-319). Massachusetts: Proponents may alter the measure in small ways after legislature reviews it. Art. Who can sign the petition: Registered voters (Const. 4, Pt. The details for those states are below: Five states limit the legislatures ability to amend or repeal a law after it has been approved by voters. Arizona. Art. Verification: The regular boards of judges, clerks and officers count all of them (I.C. 1953 20A-6-106; 20A-7-206). 3519.07, Oregon: O.R.S. A fee of $500 is required; fee is deposited in general fund (Const. (21-A MRS 905). 1953 20A-7-202; U.C.A. All citizen initiatives require the collection of a certain number of signatures, although states vary in the number of signatures and the baseline used to determine that number. Art. This is because legislators are more likely to introduce certain reforms and measures if the initiative mechanism exists, because it is likely that if they do not, an initiative on the issue will be launched. To find a specific recall, you can scroll through the items listed in the widget and click on the recall or alert for more information. Grounds for denial are improper form, insufficient sponsors, or more than 90 days have passed since adjournment of the session (AS 14.45.310). To place a popular referendum on the ballot, sponsors must gather signatures on petitions. Allowed to pay another for their signature: Prohibited (NRS 32-630 and -1404). The results of the vote are then implemented by majority vote. The state's initiative, referendum, and recall processes. [Ballot] Washington: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. 10% of the votes cast in last general election, 10% of the total number of votes cast in the last general election, or 25% to suspend operation of the act until the election, 2% of the residential population according to the last federal decennial census, 6% of the total votes cast for the office of governor in the last election, 5% of votes cast for governor in the last election, 4% of the votes cast for all candidates for governor at the last election, 5% of the total votes cast for governor at the last election, 8% of the active voters in the state on Jan. 1 following the last regular general election, Const. Circulator oaths or affidavit required: Yes (Const. 116.334). 8). Does the law in question take effect before the referendum vote: Not specified. Allowed to pay another for their signature: Prohibited (O.R.C. Art. Application process information: Sponsors must submit the measure and a summary of it with a petition signed by 1,000 qualified electors to the secretary of state, and within one day, to the attorney general (ORC 3519.01(B)). What is on each petition: Sponsors create petitions pursuant to guidelines in statute. Const. 11 1 and 5). If the legislature does not enact the proposition, then proponents may collect the additional 5% signatures required to get the measure onto the ballot. Collected in-person: Yes (Wyo. Art. Art. Art. Legislature or other government official review: The Legislative Research Council also provides written comments to the attorney general (SDCL 12-13-25; 12-13-25.1). A handful require that each signature be individually verified, including Nebraska (NRS 32-1409), Ohio (ORC 3519.15), Oklahoma (OK Stat. II, 1g). It must be accompanied by a notarized form including the names and addresses of the petition sponsors and the statement of organization provided at 12-27-6 (SDCL 2-1-3.1). If they fail, they may be submitted directly to a vote by the public, who may override the action of the legislature. Art. II, 1b). Who creates petitions: Secretary of state prepares a sample petition (MCA 13-27-202 and -205). Ballot title and summary: Submitted to Board of Election Commissioners and then certified to the secretary of state (Ark. Const. Application process information: Written application including full text of proposed law and summary that explains its purpose, signed by five people and the applicant (21-A M.R.S.A. 48, Init., Pt. Time period restrictions before placed on the ballot: 125 days must pass after filing petition before election (OH Const. 24 States may have the direct initiative, the indirect initiative or the choice of either. 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. 293.250). XI, 7 and AS 15.45.250). Circulator requirements: Maine resident who is a registered voter (21-A MRSA 903-A), Circulator oaths or affidavits: Yes (M.R.S.A. Signatures in each of one-half of the 27 congressional districts of the state. 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. Code 84101). For constitutional amendments, 8 % of the total votes cast for all candidates for governor in the last general election (OR CONST Art. Who creates petitions: Sponsors (CRS 1-40-105). Art. Ban struck down by courts (RCWA 29A.84.280; LIMIT v. Maleng, 1994). Withdrawal process of individual signature: A signature may be removed by the signer upon written application to the election authority with which the petition will be filed if the application is received by the election authority prior to the filing of that signature, or prior to the filing of that signature by the circulator who attested to that signature or by the sponsor of the petition, if it is concluded that the signature does not satisfy the requirements of this title (Elec. Art. The initiative came into use at Vaud in 1845. Attorney general then submits petition to the secretary of state which begins the deadline clock (Cal.Elec.Code 336, 9001, 9002, 9004). Of course, in some of the above states, timelines concerning filing, signature gathering and deadlines for signatures and the indirect initiative process may impose limits not otherwise spelled out in statute. Art. 7-9-104; 7-9-108), General review of petition: Exact petition copy filed with secretary of state and approval of title by attorney general (A.C.A. Art. Does the law in question take effect before the referendum vote: Operation of the law is suspended when petitions with sufficient signatures to trigger a vote are submitted (Const. 2, 24). Ballot title and summary: Attorney general (Elec. 2, 9; Const. Vote requirement for passage: Majority (Const. In order to receive contributions or make expenditures in excess of $1,500 in a calendar year, groups must form a committee for political action and register with the secretary of state. Art. Repeal or change restrictions: No statute. Out-of-state committees that make expenditures supporting or opposing ballot propositions in Washington are required to file reports (RCW 42.17A.250). Must file a statement of organization as a political issues committee no later than seven days after receiving contributions or making expenditures totaling at least $750, and annually by 5 p.m. on Jan. 10 thereafter, unless it has filed a notice of dissolution. 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. Const. 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). Const. First general election to be held not less than 30 days after the filing ofthe petition. Timeline for collecting signatures: May be circulated once the attorney general has drafted a circulating title and summary up to the 90th day after the enactment date of the statute. And many states include some type of public review or notice of proposed measures, as well. MT CONST Art. Const. Art. St. 32-1407; 32-401), Ballot title and summary: Attorney general (Neb. Art. Const. M.G.L.A. Subject restrictions: None (Const. Art. II, 10). Proponent organization and requirements: Sponsors name is part of original filing, along with the name of any committee the sponsor has formed and the names of not more than three people who can withdraw or amend the petition (NRS 295.015). 1953 20A-7-202). Withdrawal of petition: May be withdrawn by any of the people authorized to do so at the time of filing; withdrawal is made via a form prescribed by the secretary of state (NRS 295.026). Timeline for taking effect: Upon approval by the voters (Const. Vote requirement for passage: Majority (Const. Stat. However, voters submit two preferences: (1) to approve or reject both measures and (2) deciding between the measures. Submission deadline for signatures: Must be submitted before 5 p.m. no later than the earlier of 30 days after the first individual signs the petition or 40 days after the legislative session ends (Utah Code 20A-7-306(1)). In order to suspend effectiveness of the act pending a vote, signature requirement is 10% (Const. Withdrawal of petition: Any person who submits a sample sheet to or files an initiative petition with the secretary of state may withdraw the petition upon written notice to the secretary of state.