1953, Const. Petitions always include a title and/or summary of the proposed measure, although who writes this information varies. IV, 1(3)). 295.056). Ballot title and summary: Prepared jointly by the secretary of state and attorney general (IC 34-1810(1)(b)). Art. Some states that lack statewide initiatives and referendums allow for initiatives and referendums in local jurisdictions. Circulator requirements: Resident,18 years old and paid circulators must wear badges (U.C.A. d. the coattail effect. III, 2; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. 22-24-416). 50. 8). Art. 22-24-407). 4, 1, Pt. d. affirmative action. Art. Art. Art. Number of signatures required: 3% of the whole number of votes cast for governor at the preceding election (Const. Must file statement of organization as a PAC upon receiving contributions or making expenditures in any combination of at least $1,000 in connection with an election. 11 3). ), Const. II, 1g; O.R.C. Florida: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme court. For statutory initiatives, 2% of residential population according to the last federal decennial census. VI). Art. Circulator oaths or affidavits: Yes (NDCC Const. Circulator oaths or affidavit required: Yes (RCW 29A.72.030). Art. Art. 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. Art. Repeal or change restrictions: The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters (Const. The first question, referred to as the nexus question, was an attempt to alter the balance of numbers in the Senate and the House of Representatives. Code 102). 5, 7). No more than one-quarter of signatures may come from a single county, 5% in each of two-thirds of the congressional districts, 5% of the vote cast for governor at the preceding election from at least one-third of legislative districts, Neb. The president of the Senate and the speaker of the House of Representatives have authority to designate groups of members to prepare arguments for and against amendments to the Ohio Constitution proposed by the General Assembly, a person or persons to prepare an argument for any law, section, or item submitted to the electors by referendum petition, and a person or persons to prepare an argument against any constitutional amendment proposed by initiative petition. 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. Either way, the measure is put before the people (MS Const. Proponent organization and requirements: Lists of circulators and notaries who notarized the petition sections must be filed with the secretary of state. Where to file: Attorney general (Elec. III, 4), Timeline for taking effect: Ten days (Ne.Rev.St. Ballot title and summary: The official title of the bill that is subject to the referendum appears on the ballot. Other subject restrictions: No amendment may change more than one section, no appropriations, and no local or special laws (MT CONST Art. 22-24-420). 3, 51; V.A.M.S. If the attorney general does not approve of the statement, they prepare one themselves (MCA 13-27-312). Number of signatures required: Three % of the votes cast for governor at the preceding biennial state election to submit to the legislature. The ballot title may be distinct from the title of the law that is the subject of the petition. If petition is insufficient, sponsors have 30 days to solicit and obtain additional signatures, submit proof to show that rejected signatures are valid or make the petition more definite and certain. This committee is responsible for preparing the arguments for the measure and any rebuttal arguments in the information pamphlet (MCS 13-27-402). Registration must include the circulator's full name, residence address, phone number and email address; the petition for which the circulator will gather signatures; a statement that the circulator consents to the jurisdiction of the courts of Arizona in resolving any disputes concerning the circulation of petitions by the circulator; the address of the committee in Arizona for whom the circulator works and will accept service of process related to disputes; a notarized affidavit by the circulator (ARS 16-118). Withdrawal of petition: May be withdrawn no later than 120 days before the next general election if no less than two-thirds of the petition sponsors file such a request in writing with the secretary of state (SDCL 2-1-2.3). journalists or commentators. II, 1(d)). If the legislature rejects the measure, the legislature may propose an alternative measure (with the approval of the governor), and it will appear on the ballot along with the original initiative. Art. Some states also include signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional. Ballot title and summary: Attorney general. 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. OK Const. II, 1b). III, 2). Wyoming: Const. II, 1c and ORC 3519.21). 5, 1). 2, 1), Ballot title and summary: Attorney general (RCWA 29A.72.050), Time period restrictions before placed on the ballot: No additional statute. In all states, a qualified popular referendum may be placed on the ballot in a statewide general election. Art. 1-40-108). If signatures are determined to be insufficient, an additional 10 days is allowed to gather more signatures. Submission deadline for signatures: No later than six months after the adjournment of the legislature which passed the act (Const. Indirect initiated constitutional amendment, Combined initiated constitutional amendment and state statute, commission-referred constitutional amendments, legislatively referred constitutional amendments, Forms of direct democracy in the American states, Laws governing citizen grand juries in Kansas, Laws governing citizen grand juries in Nevada, Laws governing citizen grand juries in North Dakota, Laws governing citizen grand juries in New Mexico, Laws governing citizen grand juries in Nebraska, Laws governing citizen grand juries in Oklahoma, https://ballotpedia.org/wiki/index.php?title=Initiative_and_referendum&oldid=9086757, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. 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). What is on each petition: Must contain the full, true copy of the proposed measure on it on the backside or attached to it, and follow prescribed form and language, including a warning (Miss. 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. 2, Sec. And secretary of state will hold public hearings at least 95 days before the election (O.R.S. Which election is a measure on: Next state election (M.G.L.A. Code Ann. 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). Laws 168.471. States may apply a single-subject rule or other restrictions. Subject restrictions: 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 (OH Const. 5, 1). a. is limited by a cap of $50 million. Where to file with: Secretary of state (RCWA Const. For an act passed less than 45 days before June 1, the first third of the required number of signatures must be submitted within 30 days of the act's passage, and the time for filing the additional required signatures is extended another 30 days (Const. c. evolve into single-party systems. 5, 1). 106.191). 48, Init., Pt. Art. c. develop the issues on which the candidate will focus. Const. Amend. V, 1(3)). Timeline for taking effect: July 1 after the official canvass (SDCL 2-1-12). Art. preferences of candidates, rather than the candidates' personalities. These decisions include funding, budgets, candidate removal, candidate approval, policy changes, and constitutional amendments. 48, Init., Pt. Petition includes the title of the referred law. Art. If raising more than $5,000 in a year, the entity must register as a ballot question committee. 116.334). Who can sign the petition: Registered voters (A.C.A. Which election is a measure on: General election, but governor and legislature may call special elections (U.C.A. 116.090). Art. Code 13-309). Petition title and summary creation: Secretary of state provides serial number, and attorney general writes a title posed as a question and summary (Miss. III, 1). The following 26 states have initiative and/or veto referendum processes at the statewide level. 1(3) and (7)). Art. 48, Init., Pt. After certification for the ballot, the joint committee on legislative research holds a public hearing in Jefferson City to take public comments regarding the measure (V.A.M.S. Where to file with: Secretary of state ( 34-1804). Art. Cannot "pass a law 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.". 907; Const. 48, Pt. Art II, 10 and Elec. III, 3). 3, 1 and SDCL 2-1-1 and 2-1-5). Timeline for taking effect: When governor makes official declaration of vote but not later than 30 days after vote canvassing (C.R.S.A. 19, 3; Art. Measure provisions cannot be dependent upon meeting certain vote percentage. Fifteen % for amendments (A.R.S. Signatures must be submitted by 5 p.m. on the 90th day after final adjournment of the legislature (34 OS 8). 19, 1). Referendum - Wikipedia Sponsors draft summary and submit to board of state canvassers for approval. 34-1809). The requirements for an election with statewide ballot measures vary by state. Some of the most common reasons to cast a provisional ballot include: The REFERENDUM allows citizens, through the petition process, to refer acts of the Legislature to the ballot before they become law. Code 13-208 for statement of organization. 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. V, 3). States vary a great deal in how they verify collected signatures. 19, 2), Who can sign the petition: Registered voters (N.R.S. Time period restrictions before placed on the ballot: Signatures must be filed one year prior to the election (SDCL 2-1-1.2). Art. Art. IV, 1b). Ballot title and summary: Attorney general (RCW 29A. Verification: Secretary of the commonwealth is directed to establish "regulations designed to achieve and maintain accuracy, uniformity, and security" (MGL ch. 116.110) to the simple crossing out of ones name in Idaho (I.C. Nebraska Const. Timeline for collecting signatures: Time limit for circulation begins with the first signature on a petition and ends 14 days after that. Const. Must file quarterly reports. V, 1(3)). 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). Committee must create a "top funders sheet" that is included as part of the petition (Elec. Who creates petitions: Secretary of the commonwealth (Const. Art. 116.334). b. the Internet 168.544c). Paid per signature: No ban, but must mark this and identify their employer on the affidavit (V.A.M.S. Const. And no measure that names an individual to hold office or names private corporation to perform any function. Which election is a measure on: Next general election or a special election if ordered by the legislature (RCWA Const. Timeline for taking effect: 10 days after the official declaration of the vote (Const. The requirements for an election with statewide ballot measures vary greatly by state. A post-election report is due by Jan. 7. May amend the initiative with three-fourths vote, but may only amend to further the purpose of the measure. IV, 1). Const. Circulator requirements: Must be age 18 or older and resident of Ohio (I.C. Must have full text of the measure and names and addresses of the sponsors (NDCC Const. Art. (Const. Timeline for collecting signatures: Must be 180 days from official summary date by attorney general (Cal.Elec.Code 9014). II, 1b; Art. Art. IV, 1(4)). Art. Geographic distribution: Under court challenge. Art. 12, 2; M.C.L.A. 116.320). 3, 17(1)). Art. 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. Art. Time limit may be shorter if circulation begins late, because signatures must be submitted no later than 40 days after the legislative session ends regardless of when signature gathering began (Utah Code 20A-7-306(1)). 15, 273; Miss. 49-1401). If a congressional district has 90 to 110 % of the needed valid signatures, every single signature will be verified to discern if it qualifies (V.A.M.S. What is on each petition: Petition must include full and correct title and text of the law (Const. Ballot title and summary: The secretary of state and the attorney general also jointly make a more descriptive ballot question summary to be sent to voters. Rev. Const. Code 82013). Anotherform of referendum or referral, the advisory referendum, is rarely used. Art. These guidelines may include an application process, registering a certain number of sponsors, submitting the full text and an explanation of the measure, affidavits, the office or offices to file with, registering a proponent or opposition organization, campaign finance issues and the process for withdrawing a referendum. Art. General election, and signatures must be verified no later than Feb. 1 of the year of the general election. 11 5). To remove prohibition against counting Aboriginal people in population counts in the Commonwealth or a State.". Art. 42. Timeline for taking effect: An act that is rejected is repealed effective the date the result of the canvass is filed by the secretary of state. Petition sponsors may not gather signatures without first forming a ballot issue committee. 22-24-407. Time period restrictions before placed on the ballot: Submission deadline three months and three weeks prior to election (C.R.S.A. These include filing reports and designating organization officers. (Note: This provision was found unconstitutional in July 2020 by a Superior Court judge and was later affirmed Aug. 31, 2020 by the state supreme court. Five states impose an additional threshold. Proponent organization and requirements: None specified. Art. Prepared by joint legislative budget committee staff. Rejected. 3; 8). 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. Art. Circulator requirements: Must be qualified to register to vote pursuant to 16-101. This deadline pertains to when counties must submit petitions with verified signatures to the secretary of state. Public hearings are held in each congressional district (Neb. A title board, which is comprised of the secretary of state, attorney general and director of the office of legislative legal services, Petition sponsors, with approval of attorney general, Written by petitions sponsors, approved by attorney general, Const. (21-A MRS 905). States include a range of requirements for petition contents including legal warnings, serial numbers provided by officials, notarization, date of the election the measure is to be voted upon, the measures full text, summary, the district or county where the signature was gathered, if the circulator is paid, fiscal statement abstract, affidavit of circulator, circulator information, rights of the potential signer, names of proponents or proponent organization, statement of the proponent organization and deadline for signatures. Ballot title and summary: The board of state canvassers (M.C.L.A. 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. b. delegates. Public review or notice: The secretary of state and county clerks post items to the secretary of states website and newspapers. Petition title and summary creation: Lieutenant governor (Const. Where to file: Secretary of state (Const. In 1911, California voters approved the constitutional processes of initiative, referendum, and recall. Circulator oaths or affidavit required: Yes (21-A MRS 902 and 903-A). 2, Sec. Art. Timeline for taking effect: Once canvassing of votes is complete (N.R.S. 116.332). Art. 3, 52(c) and Wyo. 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)). Clerks follow specific guidelines as to verification decisions in code. Proponents must turn in sheets each month (O.R.S. Art. Const. To account for double-signing, the secretary will apply at least an 8 % duplication rate to the first sampling. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers. 7-9-111). Secretary of state shall print pamphlet of statements in support and against the measures along with the attorney general's title, explanation, and clear statement of a yes or no vote, and if possible, a fiscal statement (SDCL 12-13-23 and 25.1). 3, 2). 1953 20A-7-205). Circulator oaths or affidavit required: Yes (Const. Where to file with: Secretary of state (V.A.M.S. Code Ann. Constitution Alteration (Aboriginals) Act 1967 (Cwlth). To place amendment on ballot, legislature must pass resolution with three-fifths majority (F.S.A. Timeline for collecting signatures: Within 316 days after the day on which the application is filed,within 30 days after the day on which the first individual signs the initiative packet or the April 15 immediately before the next regular general election immediately after the application is filed (U.C.A. 5 1; 7-9-122), Maine (M.R.S.A. b. 5, 1). For constitutional amendments, 8 % of total vote for governor in the last election in each of two-thirds of the state's congressional districts (V.A.M.S. 3, 18). 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). 19-123), General review of petition: Proponents may submit proposed bill to director of the legislative council for review (A.R.S. States may limit the subject matter of popular referenda. b. free media. 16-119; None other found in 26 Okl.St.Ann). States have rules in place to govern what legislatures or governors can do to citizen initiatives once they pass. Art. 3, 52(f)). Verification: The secretary of state may verify the signatures on the petition by use of random sampling (Mo.Rev.Stat. Art. Art. art. b. the candidate who raises the most money during the campaign Signature pages must include description of subject and purpose of petition, a fair and accurate summary or the full text, a statement to which each signer subscribes, spaces for signatures, spaces for signers' county and space for the required affidavit. Allowable uses of funds by ballot measure committees are specified at Elec. Art. Who can sign the petition: Qualified voters (Const. The incumbent president chose both candidates. The popular referendum process allows voters to approve or repeal an act of the legislature. b. state governments The increase in any such appropriation for maintaining or aiding any public institution shall only take effect as in the case of other laws, and such increase or any part thereof specified in the petition, may be referred to a vote of the people upon petition (Const. Does the law in question take effect before the referendum vote: In some cases, yes. 19, 2; N.R.S. Circulator oaths or affidavits: Sponsor signs affidavit, and circulators sign oath (RCWA 29A.72.010; 29A.72.120). Art. a. incumbents. These provisions stipulate that petition signatures must be gathered from multiple parts of the state. Art. This ensures that measures are not passed by a small minority of voters, either because of a low turnout election or ballot-drop off (where voters only vote partway through a ballot). Const. Const. Art. Art. Cure period for insufficient signatures: If a petition is insufficient, a period of 20 days is allowed for correction (Const. Code 23-17-60). These are all then submitted to the secretary of state (SDCL 12-13-25.1; 12-13-26). Number of signatures required: Not more than 5 % of the qualified electors, based on the total number of votes cast for governor at the last preceding gubernatorial elections (Const. 21). Art. 1953 20A-7-205; 20A-2-105). Art. In 18 states, the application to circulate a popular referendum petition is filed with the chief election officer. 3, 52(e) and Wyo. Code 9031). Illinois: For accuracy and fairness, the attorney general may rewrite arguments for or against prepared by legislature. Art. 11 1 and 5). a. personal wealth that a candidate uses. IV, pt. 295.055). 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. No statute found; used Prop. Otherwise, they may submit an alternative measure. Who can sign the petition: Electors of the state (Const. 116.060. Circulator requirements: Age 18 (Neb. 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.
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