Petition title and summary creation: The secretary of state (W.S.1977 22-24-310). 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706). 2, 9; Const. And must be filed four months before election. Subject restrictions: No law 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, shall be subject toreferendum. 5, 1). 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)). Proponent financial disclosure requirements: 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 January 10 thereafter, unless it has filed a notice of dissolution (Utah Code 20A-11-801). b. proportional representation Who can sign the petition: Legal, registered voters (V.A.M.S. Petition title and summary creation: Proponents (Neb. A referred measure may be voted upon at a statewide election or at a special election called by the governor. A post-election report is due by Jan. 7. How long a citizen must reside in a state before becoming eligible to vote. Stat. Timeline for collecting signatures: None except when collecting the second 3 % of signatures of votes in last election for governor, the deadline is 90 days (OH Const. 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or change restrictions: No act, law or bill approved by a majority of the electors voting thereon shall be amended or repealed by the legislature within a period of two years following such enactment unless by a vote of two-thirds of all the members elected to each house. Geographic distribution: No more than one-quarter of signatures may come from a single county (M.G.L.A. If more than one-third but less than the full number of the signatures required is submitted by June 1, the time for the law to take effect and the time for the filing of the remaining required signatures is extended to June 30 (Const. If a citizen votes for a candidate because he or she approves of the candidate's past record, it is called 3501.38; 3519.05, Oklahoma: OK Const. If more than 105% are deemed valid, the petition is deemed valid. 9 23), Application process information: File application with secretary of state, including organization name and officers and other information, summary and text of proposed law, and must also file a statement of its organization (A.R.S. Number of signatures required: 5% of total votes cast for all candidates for secretary of state at the last general election (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: The Office of Legislative Research and General Counsel numbers the propositions and proposes a descriptive title summarizing the contents of the measure. a. at least 25 percent of all votes cast (21-A M.R.S.A. Art. Australians have triggered this veto function often, denying 36 of 44 proposals. II, 10(a)). For indirect statutory initiatives, roughly 11 months and two weeks (N.R.S. If neither receives 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. 2, 8). 3, 50). 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. Number of signatures required: 5% of the total votes cast for governor at the last election (Const. Circulator requirements: Age 18 or older (Elec. Rev. Secretary of state may send petition pages to election authorities for verification. 1b), Repeal or change restrictions: No veto by the governor (OH Const. III, 3, Const. Art. c. decreases partisan conflict in government. 7-9-404; 406; 407; 408; 409). 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. III, 2; Art. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient. VI, Subpt. 168.482). Ballot measure committees have the following additional reporting requirements: initial disclosure report is due 15 days after the committee begins raising or spending money, with subsequent quarterly reports until the pre-election report is due. Petition sponsors may not gather signatures without first forming a ballot issue committee. In order to suspend effectiveness of the act pending a vote, signature requirement is 10% (Const. 901 and 1 M.R.S.A. 15, 273; Miss. 904-B), Number of signatures required: Ten % of the total votes cast for governor in the last gubernatorial election (M.R.S.A. 23-17-17). Majority to pass: Yes, except two-thirds majority is need in the case of laws changing rules regarding the taking of (U.C.A. Either way, the measure is put before the people (MS Const. Art. Art. Vote requirement for passage: Majority (SDCL 2-1-12). Petition sheets also always include space for signatures. Public review or notice: Public may comment on public and internet posting of measure by attorney general for 30 days and then proponents may amend the measure (Cal.Elec.Code 9002). 106.03). V, 3 and OK Stat. II, 1g and ORC 3519.01). 1967 Referendum The first question sought to break the nexus that existed between the number of Senators and Members of the House of Representatives in order to permit an increase in the number of Members without increasing the number of Senators. Const. Fiscal review: The financial estimate committee will estimate costs and consult with the legislative revenue officer (O.R.S. 48, Init., Pt. Vote requirement for passage: Majority (AS 15.45.220). Regular election unless otherwise ordered by Legislative Assembly, and restrictions of four months prior to the general election. 168.471; 168.472). Code reviser issues certificate of review (RCWA 29A.72.020; 29A.32.040; 29A.32.060). 15, 273; Miss. Art. a. Reynolds v. Sims How can straight-ticket voting be seen as a strategy that affects vote choice? Repeal or change restrictions: No veto by governor. 34-1804, 34-1809). Art. Same if an alternate measure is proposed. 19, 3; N.R.S. CONST. 5, 11; MACo v. The State of Montana, MT 267 [2017]), Nebraska (Ne.Rev.St. Proponent organization and requirements: One designee will serve for official notices and statement of organization (V.A.M.S. Const. 168.472a). They exist in a variety of forms. Art. 3, 18 and 21-A M.R.S.A. 53 7. Art. Who creates petitions: Sponsors (IC 34-1805). Cure period for insufficient signatures: None. Geographic distribution: In each of two-thirds of the congressional districts, and each petition page must only contain signatures from a singular county (V.A.M.S. c. the coattail effect. Circulator oaths or affidavit required: Yes (21-A MRS 902 and 903-A). Vote requirement for passage: Majority (Const. III, 5(1) and MCA 13-27-301. VI). What is on each petition: Must contain attorney generals unique numeric identifier, title, summary and the proposed measures full text, and follow the form found in the code (Cal.Elec.Code 9008, 9009, 9012). For constitutional amendment initiatives, 4% of resident population. 250.065), Time period restrictions before placed on the ballot: Four months prior to the general election (OR CONST Art. Art. Must have full text of the measure and names and addresses of the sponsors (NDCC Const. 3517.01, .08, .10, .11, 12, .13, .20, .092, .093, .102, .105; O.H.R. Fiscal review: Yes (W.S.1977 22-24-309). b. an open primary. 34-1812c). In 1911, California voters approved the constitutional processes of initiative, referendum, and recall. 3, 52(b) and Wyo. Art. All 23 popular referendum states require a simple majority to pass a popular referendum. Const. General review of petition: None other found. Ballot title and summary: The official title of the bill that is subject to the referendum appears on the ballot. VI). Washington: equal to one-third (Const. Next general election held at least 131 days after signatures are certified. Const. Art. 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. Art. Submission deadline of signatures: Filed four months before election, and have been published in newspaper at least 30 days prior (Ark. 295.056. Who creates petitions: Secretary of state creates templates, including cover and signature sheets (O.R.S. 3, 1 and SDCL 2-1-1 and 2-1-5). Every state includes requirements for the circulators operating in the state. NDCC 16.1-01-12(1)(j), 16.1-08.1-02, 16.1-08-03. Art. If a congressional district has 110 % of the needed valid signatures, the petition qualifies in that district. Who can sign the petition: Legal voters of the state of Oklahoma (34 Okl.St.Ann. 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. An initiative may be direct (a proposal supported by the required number of voters is submitted directly to a popular vote for decision) or indirect (the proposal is submitted to the legislature). Art. 2. a. majority Art. For constitutional amendments, signatures must be gathered from 10% of qualified electors in each of two-fifths (40) of the state's 100 legislative districts. A "simple statement of the gist of the measure," drafted by sponsors, is printed at the top of the petition (34 OS 3). 5, 1), Who can sign the petition: Registered electors who will be eligible to vote on the measure (C.R.S.A. 2 with the secretary of state (34 Okl.St.Ann. Art. Attorney general drafts summary for ballot (A.C.A. Application process information: The sponsor must file a printed petition part with the secretary of state in the exact form that will be used for signature gathering (A.C.A. States may limit the subject matter of ballot measures. 250.125). II, 1g; Art. Application process information: At least five sponsors must apply, each of whom is registered to vote in Utah. III, 3 and NRS 32-1407). b. state governments A __________ is a media format where candidates meet with ordinary citizens, without the input of Code Ann. Where to file: Secretary of state (Const. Art. Six states do not require fiscal statements: Arkansas, Idaho, Illinois, Michigan, Nebraska and Oklahoma. 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). Random sample of at least 500 or 5% of the signatures, whichever is greater. What is on each petition: The statement written by the secretary of state and the full text of the measure must be included (NDCC 16.1-01-09). 6, 10). Art. If the legislature does not enact the statute, another round of signatures is required equaling 0.5 % of votes for governor (M.G.L.A. What is on each petition: The format of the petition may be submitted to the chief election official of the appropriate election authority, in advance of filing the petition, for a determination of its sufficiency (Elec. Proponent financial disclosure requirements: Sponsoring committee must file a statement of renumeration prior to circulating signatures if circulators will be paid (NDCC 16.1-01-12(1)(j)). 4, 5; M.G.L.A. d. Brown v. Board of Education, 22. Art. Conflicting measures: 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. Laws that relate to religion, religious practices or religious institutions; the appointment, qualification, tenure, removal or compensation of judges; the powers, creation or abolition of courts; the operation of a particular town, city or other political division or to particular districts or localities of the commonwealth; or the appropriation of money for the current or ordinary expenses of the commonwealth or for any of its departments, boards, commissions or institutions. 12, 2), Collected in-person: In the presence of the circulator (M.C.L.A. Art. Const. Art. III, 4). Art. For all other types of cookies we need your permission. The filing procedure described in statute does not appear to apply to referendum petitions, every initiative petition for a proposed law or amendment to the state constitution (CRS 1-40-105). The two samples must total at least 5 % of the signatures submitted. 106.191). Cure period for insufficient signatures: If the petitions were filed at least 165 days before the election and the submission deadline has not passed, and the signatures are deemed insufficient, petitioners may submit more signatures (OR Rev. Code 23-17-60). 1953 20A-7-204.1; 20A-7-208; 20A-7-702). Circulator oaths or affidavits: Yes (34 Okl.St.Ann. ; 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. Circulator oaths or affidavit required: Yes (Const. 14, 3, 10 ILCS 5/28-2), Who creates petitions: Proponents, no statute (see 10 ILCS 5/16-6; 5 ILCS 20/2). Rev. 295.015). 3, 18). 8). VI, 1 and Utah Code 20A-7-102 and 20A-7-305). Evaluations done by lieutenant governor and Office of Legislative Research and General Counsel (U.C.A. a. winner-take-all Art. 22-24-409). Verification: By actual count (as opposed to random sampling), but this is not spelled out in statute. 1(4)). Must report name and address of donors of $50 or more. Code 13-208 for statement of organization. 250.045). Proponents are required to ensure that all circulators receive instruction on the requirements and prohibitions imposed by state law with respect to signature gathering (Elec. Circulator oaths or affidavit required: Yes (Elec. Proponent organization and requirements: Each proponent must certify that s/he is a US citizen, at least 18 years old, and a resident of California, and must provide public contact information (Const. Bans on payment-per-signature have met with mixed results in the courts. Art. Art. Art. L-04, 2011 WL 1130010, July 5, 2011). Then the clerks verify the signatures; with a random sample of at least 500 or 5 % of the petition district's signatures. Timeline for taking effect: July 1 after the official canvass (SDCL 2-1-12). 19, 3; N.R.S. The maximum number of signatures counted from any individual congressional district is one-fifth of the total number required. Const. General review of petition: The Citizens' Initiative Review Commission reviews measures and may create a citizen panel to review specific ones (O.R.S. Art. If the attorney general does not approve of the statement, he or she prepares one themselves (MCA 13-27-312). Const. Stat. 19, 2; American Civil Liberties Union of Nevada v. Loma (2006); N.R.S. II, 9). Rev. Monthly reports are due on the 10th for any preceding month in which total contributions received or total expenditures made exceed $200 (RCW 42.17A.235). 295.009; 294A.150; 294A.220, North Dakota: NDCC, 16.1-08.1-02.4; 16.1-08.1-03.1; 16.1-08.1-03.2, Ohio: O.R.C. Number of signatures required: Three % of the votes cast for governor at the preceding biennial state election to submit to the legislature. Application process information: No fees or application, Where to file with: Secretary of state (M.C.L.A. Art. General review of petition: Proponents may request review by secretary of state (Cal.Gov.Code 12172). Art. 32-1407), Submission deadline of signatures: Four months prior to the general election (Neb. Click here to contact our editorial staff, and click here to report an error. 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. 116.332). 7-9-404; 405; 406; 407; 408; 409, California: Cal.Gov.Code 82013, 84200, 84202.3, 85309, 84511, 84101, Cal.Elec.Code 18680; Form 460, Colorado: C.R.S.A. 34-1813), Repeal or change restrictions: No time limit or majority restrictions for legislature to overturn or alter, Types allowed: Citizen initiative for constitutional amendments. The financial estimate committee will estimate costs and consult with the legislative revenue officer. Withdrawal process of individual signature: Must do before submitted to secretary of state (NDCC, 16.1-01-09). Art. 3, 4; Art. In these states, sponsors may take a draft, or even just an idea, to a legislative office for assistance with the form and content of the initiative before submitting the proposal to the appropriate state official. Timeline for collecting signatures: Signatures may be collected as soon as petition is approved and must be submitted to counties four weeks prior to the deadline (MCA 13-27-301). 21 1, Colorado: C.R.S.A. Art. V, 1(6) and CRS 1-40-111(2)). Petitions must be submitted to counties for verification four weeks before this deadline. 48, Init., Pt. A statewide special election may be called for amendments (M.C.L.A. Proponent financial disclosure requirements: Political committees must file a statement of organization (NMSA 1-19-26.1). 19-111), Where to file with: Secretary of states office (A.R.S. 48, Init., Pt. Art. Timeline for collecting signatures: Not more than 24 months (A.R.S. 24). If voters approve of the law, it takes effect as scheduled. XVI, 5(b)). Reports of contributions and expenditures are due quarterly in calendar years without elections. 250.045). Art. II, 1b and 1g; O.R.C. Code 104). Alaska prohibits payment in excess of $1 per signature. Number of signatures required: 10% of the total number of votes cast in the last general election; or 25% to suspend operation of the act until the election (Const. 250.036). Art. Clerks check the names, verify they are 18 or older, and determine if they are a registered voter. 101.161). No statute found; used Prop. In some states, the legislature or governor may order a special election for a measure. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments, and popular referendum. Vote requirement for passage: Majority (Const. Which election is a measure on: Next statewide or special election after the legislative session concludes sine die (21-A M.R.S.A. Disclosure reports must be filed 60 days before the election, on the fifth and 20th day of each month until the election, the 20th day of November after the election and the 20th of January each year. Other types of review might include recommendations on wording. Collected in-person: Yes (Const. This wording must be used: Shall a law (here insert description, and state, in distinctive type, whether approved or disapproved by the general court and by what vote thereon) be approved?, No statute found; see Michigan Manual 2009-2010, p. IX-2. For indirect statutory initiatives, the timeline begins on Jan. 1 of the year preceding year in which a regular session of the legislature is held and then filed by the second Tuesday of November in an even-numbered year, or the next day (N.R.S.
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