Secretary of state must establish by rule and collect filing fees (RCW 43.07.120). Art. Some states have what's called an indirect initiative process. 19-123 and A.R.S. Verification: Sampling method that must include at least 10 % of signatures or more than 5,010 signatures, whichever is greater. Must include the language a committee for/against Proposition __ in any reference to the committee required by law. Types allowed: Direct and indirect initiatives for statutes, and popular referendum, Single subject rule: Yes (U.C.A. Art. Who creates petitions: Sponsors (CRS 1-40-105). Const. Conflicting measures: Measure with greatest number of affirmative votes is enacted, although the entire competing measure might not be superseded (>I.C. Public review or notice: The secretary of state and county clerks post items to the secretary of states website and newspapers. Reports of contributions and expenditures are due on a quarterly basis. Art. The mayors of Detroit and Los Angeles were recalled in 1929 and 1938, respectively. For constitutional amendments, signatures must be gathered from at least 2% of the total registered electors in each state senate district.*. Conflicting measures: The measure receiving a majority of the votes passes (RCWA Const. 7-9-404). Const. II, 1g). 5, 1), and 60 percent of voters in Florida (F.S.A. Three% of votes cast for governor at preceding biennial state election to submit to the legislature. 3, 2; NDCC, 16.1-01-17). Which election: First statewide election held more than 180 days after adjournment of the legislative session (Const. Petition title and summary creation: The filer submits a description pursuant to N.R.S. Const. Timeline for collecting signatures: Signatures are valid for two years, but a petition can circulate indefinitely (F.S.A. It is referred to the attorney general for approval (Mo.Rev.Stat. Art. Art. 295.009. Cure period for insufficient signatures: Upon notice that the petition was improperly filed, sponsors may amend and correct the petition by circulating and filing 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 in which the act was passed (AS 15.45.400). 3, 17(3)). Const. 1-40-112). 15, 273). 116.17). 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. II, 1b), Types allowed: Direct statutory and constitutional amendment initiatives, and popular referendum, Single subject rule: Yes (OK Const. Which election is a measure on: General election (N.R.S. 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 requirements: Must be age 18 or older and resident of Ohio (I.C. Art. M.G.L.A. Subject restrictions: The following language applies to initiatives and may apply to referenda, This Article does not permit the proposal of any statute or statutory amendment which makes an appropriation or otherwise requires the expenditure of money, unless such statute or amendment also imposes a sufficient tax, not prohibited by the Constitution, or otherwise constitutionally provides for raising the necessary revenue" (Const. 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. Art. Code 100). The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters. But such enactment may be amended or repealed at any general regular or special election by direct vote of the people thereon (Const. 1953, Const. Law 6-201). Only regular state, congressional and municipal elections, and filed at least four months before election. Art. Allowed to pay another for their signature: Prohibited (NSR 295.300). Const. Validity determined by the board of elections. Art. These include filing reports and designating organization officers. Circulator requirements: Must be 18 years old, complete training from secretary of state and present specific identification to notary (C.R.S. Submission deadline of signatures: 18 months (W.S.1977 22-24-315). III, 2). 1(4)). 100.371, 106.03; Rule 1S-2.009). Art. II, 1). The use of the device gained momentum with the emergence of groups concerned with specific issues such as civil rights, abortion, capital punishment, nuclear power, tax policies, handgun control, and the environment. Other types of review might include recommendations on wording. Circulator oaths or affidavit required: Yes (Const. 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). 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. The obligatory referendum was first adopted by the canton of rural Basel in 1863. 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. Withdrawal process of individual signature: None, "An elector's name may not be removed by the elector from a petition that has been submitted to and received by the secretary of state" (NDCC 16.1-01-09(5)). 353, 354). In some states, the legislature or governor may order a special election for a measure. Allowed to pay another for their signature: Prohibited (NRS 32-630 and -1404). No earlier than 75 days, and no later than 15 days, voter information pamphlet and newspaper publication (U.C.A. II, 1(b) and RCW 29A.72.150). 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. 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). 1-40-116). Legislature or other government official review: The legislature may determine method of determining fiscal impact (NDCC Const. II, 1c). Art. It fails to qualify if under 90% and qualifies if at least 100%. Human Rights democracy and rule of law Democracy. 54, 53). Verification: The secretary of state establishes the statistical sampling method. 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. Art. 23 States have a popular referendum process. 1953 20A-7-212). Art. 14, 10. Verification: "The Legislature may authorize the Secretary of State and the other public officers to use generally accepted statistical procedures in conducting a preliminary verification of the number of signatures submitted in connection with a referendum petition or an initiative petition, and for this purpose to require petitions to be filed no more than 65 days earlier than is otherwise required by [the constitution]" (Const. Must file quarterly reports. Rev. 2, Sec. ), Const. 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. 6, Gen. Year Established: process adopted 1912, but laws specifying mechanics of process not adopted until 1933. MT CONST Art. 2, 19; Amalgamated Transit Union Local 597 v. State of Washington, 11 P.3d 762, 2000), Other subject restrictions: None (RCWA Const. 3, 4; Art. II, 1b; Art. Petition title and summary creation: Petition includes the title of the referred law (SDCL 2-1-3.1). Art. 53 7). Application process information: Must first register a political committee and submit form to Division of Elections along with text of proposed measure and form on which signatures will be affixed (F.S.A. Art. Submission deadline for signatures: Within 90 days after the enactment date of the statute (Const. A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter 37. Const. II, 1b; Art. Art. Statements of contributions and expenditures must be filed on Jan. 10, seven days before political party conventions, seven days before the primary, three days before public hearings, on Sept. 30 and seven days before the general election. Petition title and summary creation: The proponent writes a description of 200 words or less of the effect the measure would have if approved by voters (NRS 295.009). Art. Proponents of an initiative, referendum, or recall effort must apply for an official petition serial number from the Town Clerk. Circulator oaths or affidavits: Yes, and must be notarized (C.R.S. Const. Petitions are valid for one year, and deadline of 90 days before the first day of the legislative session. Art. Art. Art. 3, 52(b) and Wyo. Repeal or change restrictions: Two-thirds vote required to amend or repeal within seven years of effective date (Const. Art. Art. Amending or diverting funds from a referendum measure requires a three-fourths vote of the members of each house of the legislature, and the amendment must further the purposes of the measure. Upon each of the ballots, following the ballot title or text, the words For the referred law and Against the referred law, must appear. May only be attempted once every three years. Art. 4 1, Part 1(6B), (6C) and (6D). 1-40-108. 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). For direct initiatives, six months to collect (submit proposed measure within 10 months with deadline to submit four months out from the general election). Proponent financial disclosure requirements: Include but may not be limited to the provisions of the Nebraska Political Accountability and Disclosure Act. Who can sign the petition: Registered electors of the state (M.C.L.A. The secretary of state is directed to prescribe a form for this process (MCA 13-27-301(3)). Legislature or other government official review: Secretary of state writes arguments for and against the measure with information provided by proponents and opponents (Neb.Rev.St. The legislature has 40 days to pass the unchanged initiative. 5, 1). Art. Circulator requirements: Must be 18 or older, registered with the secretary of state, and cannot have been convicted or pled guilty to forgery crimes (V.A.M.S. All of the chief petitioners must sign the form to withdraw (ORS 250.029). 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). Arizona (for constitutional amendments, not statutes) (A.R.S. Which election: Next general election (Const. 1953 20A-7-203 and include notice to signers, date, room for signatures, title of the initiative, the fiscal impact statement, a warning, language about a tax increase if applicable, and signed verification by the circulator (U.C.A. Art. If the random sample verification establishes that fewer than 95% of signatures are valid, the petition is deemed insufficient. 19-111; 19-124). Timeline for taking effect: Thirty days after it is enacted or approved by a majority of the votes cast (OR CONST Art. Art. Prepared by state auditor, and proponents may submit proposed review. 2, 9; Const. IV, 1). Amount is specified by secretary of state by rule. Which election: First general election to be held not less than 30 days after the filing ofthe petition (Const. 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. Art. Does the law in question take effect before the referendum vote: Not specified. 4, Pt. 5, 7). 6). 295.015). Art. Other subject restrictions: Cannot require an expenditure of money unless a sufficient tax is provided (N.R.S. Number of signatures required: 5% of the number of votes cast for all candidates for governor in the last general election (Const. Op. Const. Art. 3, 52), Ballot title and summary: Secretary of state, approved by attorney general (V.A.M.S. Referendum is the power to reject or overturn legislative actions taken by the Council. 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. Six states do not have a law governing conflicting measures: Florida, Illinois, Montana, Oregon, South Dakota and Wyoming. Art. Timeline for taking effect: 10 days after the official declaration of the vote (Const. Secretary of state drafts ballot language that fairly and accurately explains what a vote for and what a vote against the measure represent; approved by attorney general. Art. Repeal or change restrictions: None (Const. Weve been busy, working hard to bring you new features and an updated design. Unlimited, but if number of filed signatures is deemed insufficient, sponsors have 30 days to collect more. III, 3 and MGL ch. 34-1801a, 34-1804, 34-1809). Legislature reviews the indirect statutory initiatives.
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