3. create a unicameral national legislature. 34-1807), Paid per signature: Ban overturned (Idaho Coalition United for Bears v. Cenarrusa, 2001), Allowed to pay another for their signature: Prohibited (I.C. 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. Art. Const. Justices of the peace and county recorders may not circulate petitions (ARS 19-114). 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. A referendum is a question that appears on a ballot that voters can answer in order to voice their opinion on a particular issue. 2, 10). 187; Okl.St.Ann. For statutes, the legislature may amend at any legislative session (U.C.A. 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)). 1953 20A-7-212). Washington requires 60 percent approval for laws authorizing gambling or lotteries (Washington Const. 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. May include a fee (RCWA 29A.72.010; 43.07.120; 29A.72.020; 29A.72.040). For amendments, 10% of total qualified electors of the state. Cannot be same as a measure at either of the two preceding biennial state elections. Prepared by chief legislative budget officer. 48). Art. Details on who or which offices write the title and summary are listed below: Cal.Const. Prepared by joint legislative budget committee staff. Art. States with popular referendums (23): Alaska, Arizona, Arkansas, California, Colorado, Idaho, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington Wyoming. Must also be verified on the back of signature sheets by the person who circulated those sheets by an affidavit along with the signature and title of the officer before whom the oath was made (34 Okl.St.Ann. In three states (Massachusetts, Ohio and Utah), proponents must gather additional signatures to place the measure on the ballot after the first round. 7-9-114. (21-A M.R.S.A. Allowed to pay another for their signature: Prohibited (AS 15.45.340(c)). Submission deadline of signatures: Must address written petition to the legislature and signatures must be filed with the secretary of state by the 50th day of the first regular session or by the 25th day of the second regular session. V, 3 and OK Stat. Art. Stat. Code 13-309). Verification: Random sampling (CRS 1-40-116). Collected in-person: Yes (C.R.S.A. Timeline for collecting signatures: Ninety days from the date marking the beginning circulation, as set by the secretary of state after public posting and chance for protest (34 Okl.St.Ann. Art. Art. Who can sign the petition: Legal voters, 18 years old, resident (U.C.A. In the politics of the United States, the process of initiatives and referendums allow citizens of many U.S. states to place new legislation, or to place legislation that has recently been passed by a legislature on a ballot for a popular vote.Initiatives and referendums, along with recall elections and popular primary elections, are signature reforms of the Progressive Era; they are written . XI, 5 and AS 15.45.410). Petition title and summary creation: Secretary of state (21-A MRS 901(4)). Art. Majority to pass: A majority of votes cast on the measure and not less than 40 % of total votes cast at the election. 19-121.01; 19-121.04). Revised statutes now require that signatures be equally collected among all the petition districts (congressional districts). St. 32-1414). (Elec. Reports are due 30 days before the election, one week before the election, 105 days after a special election and Feb. 15 for all contributions and expenditures not already reported (AS 15.13.110). Proponent financial disclosure requirements: Include but may not be limited to that proponent or opponent groups for a ballot proposition are considered political issue committees unless they meet certain criteria such as not expending more than $5,000, and political issue committees register and report financially (U.C.A. Stat. Between 90 and 110 %, every signature is verified (C.R.S.A. 15, 273), Who can sign the petition: Qualified electors (MS Const. Art. Const. Secretary of state will choose one argument for and one against to print in the voter pamphlet, which is mailed to every household in the state (I.C. Art. Stat. 5, 2; Constitution 48, Init., Pt. 116.153). IDEA. Verification: Each signature is physically counted (34 OS 6.1). II, 1b; Art. VI, 1 and Utah Code 20A-7-102 and 20A-7-305). 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. Art. Number of signatures required: 6% of the qualified electors at the time of the last general election (IC 34-1805). Stat. Art. Amend. 116.060). Art. Art. Subject restrictions: May not be used for 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 (Const. Art. Submission deadline for signatures: Must be filed within 90 days of when the applicable legislative session adjourns sine die (AZ Const. * See also: 2011 N.D. Op.Atty.Gen. Submission deadline for signatures: Not more than 90 days after the end of the session at which the act was passed (Const. In Nebraska, the total number of signatures is based upon the total number of registered voters in the state. 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). A legislature committee also reviews the measure by a deadline (N.R.S. LXXXI, 4). Initiative is a legislative proposal that originates with the people. Petition title and summary creation: Original filing includes a summary written by sponsors; approved by attorney general (ORC 3519.01(B)). Rule 2.36; Okl.St.Ann. The wording on the ballot must read: The legislature passed . Submission deadline for signatures: Petition must be filed with county officials not later than 15 days following the primary election (NRS 295.056). Updated on June 03, 2021. The secretary of state shall not accept for filing any initiative or referendum petition which interferes with the legislative prerogative contained in the Constitution of Nebraska that the necessary revenue of the state and its governmental subdivisions shall be raised by taxation in the manner as the legislature may direct (NRS 32-1408). Art. Background. A recall allows people to remove public officials from office, while referendum voting and initiatives allow citizens to propose, approve, or veto specific legislation. Const. concerning (statement of subject) and voters have filed a sufficient referendum petition on this bill. What is a RECALL? 15, Sec. Art. For citation information, please contact the NCSL Elections and Redistricting team. St. 32-1407), Which election is a measure on: Next general election at least four months after filing the signatures (Neb. 19, 2). Types allowed: Direct initiative for statutes and constitutional amendments and popular referendum, Single subject rule: Yes (V.A.M.S. 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. 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. Validity determined by the board of elections. 24, 1), Utah (U.C.A. 1953 20A-7-213). Where to file with: Secretary of state (W.S.1977 22-24-302). hired children as a source of cheap labor. 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 acts passage, and the time for filing the additional required signatures is extended another 30 days. To account for double-signing, the secretary will apply at least an 8 % duplication rate to the first sampling. 295.015). 2, 4, Pt. Majority to pass: Yes, except two-thirds majority is need in the case of laws changing rules regarding the taking of (U.C.A. 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). Verification: Direct initiatives are turned into the county clerk of the county in which the initiative packet was circulate. 250.025), Collected in-person: Yes (O.R.S. 22-24-411). 22-24-407). II, 1g; O.R.C. From 15 different counties, with each countys petition having signatures of at least half of the designated percentage of electors of the county. Art. Reports of contributions and expenditures are due quarterly in calendar years without elections. Referendum is a decision for the general assembly to put a bill on the ballot. Who creates petitions: Lieutenant governor (Const. What was the purpose of implementing referendum recall and initiative quizlet? 3, 50, 51). Const. Art. If passed by legislature, it is subject to the referendum (M.C.L.A. Withdrawal process of individual signature: Not specified. Fiscal review: Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures (O.R.C. XI, 3). Art. 53 7. General review of petition: Proponents may alter the measure in small ways after legislature reviews it. 116.332). Proponent financial disclosure requirements: 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 (ARS 19-905(C)). Timeline for collecting signatures: Have 180 days (M.C.L.A. Art. For constitutional amendments, generally take effect upon passage. If fiscal in nature, the attorney general orders the budget director to prepare. 295.055). Circulator oaths or affidavits: Yes, and notarized (A.R.S. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient. Paid per signature: Yes (CRS 1-40-135(2). 903-C). 3519.02; 3501.381). Circulator requirements: Must be an elector and must be 18 or older (NDCC Const. 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. Types allowed: Direct initiative for statute and constitutional amendment, and popular referendum, Single subject rule: Yes (Ne.Rev.St. Art. 2, 3). 3501.38). 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 . Art. Code reviser issues certificate of review (RCWA 29A.72.020; 29A.32.040; 29A.32.060). Timeline for taking effect: Thirty days after the election at which it was approved (Const. Signatures in each of one-half of the 27 congressional districts of the state. Who creates petitions: Sponsors (34 OS 1). Petitions must be submitted by midnight within 90 days of the date the legislation was signed by the governor and filed with the secretary of state. 53 7). Art. Legislator proposes a law, voters vote on it. Allowed to pay another for their signature: Prohibited; a petition section is invalid if this happens (CRS 1-40-111(3)(IV)). Amend. Missouri: The secretary of State will furnish ballot statements explaining the effects of a no or yes vote for the measure, which will include whether it will increase, decrease or maintain taxes. Art. Ten% of total votes cast in previous general election with geographic requirement, Ten% of votes cast for all candidates for governor in previous election for statutes; 15% for amendments, Eight% of the total number of legal voters for statutes; 10% for amendments, Five% of votes cast for governor in last election for statutes or ; 8% for amendments, Five% of votes cast for secretary of state in last election, Eight% of total votes cast statewide in last presidential election, Six% of qualified electors at the time of the last general election, Eight% of votes cast for governor in last gubernatorial election, Ten% of total votes cast for governor in last gubernatorial election, M.G.L.A. Application process information: Application is filed on a form provided by the secretary of state and must contain the sponsor's name, or if an organization, the names and titles of its officers; address; intent to circulate and file a petition; a description of not more than 200 words of the principal provisions of the measure and the full text, in no less than 8-point font; and application for an official serial number. What is on each petition: The petitions must have a copy of the bill, an impartial summary, a warning, space for signatures, and if the circulator is paid (W.S.1977 22-24-304; 22-24-310; 22-24-311). Public review or notice: Newspaper publication, and the public has 10 days to file a protest as to the constitutionality of the measure (34 Okl.St.Ann. Direct primaries. 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. 905 and 1 M.R.S.A. Art. Public review or notice: Secretary of state prepares and distributes voter pamphlets to each household in the state and other locations (RCWA 29A.32.010; 29A.32.031; 29A.32.040; 29A.32.070; 29A.32.080). Verification: Lieutenant governor verifies the total number of signatures and qualification of the signers, and that there are sufficient signers who are resident in three-fourths of the house districts (AS 15.45.160). Does the law in question take effect before the referendum vote: Any measure referred to the people by referendum petition shall remain in abeyance until such vote is taken; the filing of a referendum petition against one or more items, sections or parts of any act shall not delay the remainder from becoming operative. Const. 53 7). Utah: 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. 19, 3) and summary statement drafted by proponents (NRS 295.009). Art. 218D.810; 293.267). Washington: equal to one-third (Const. 1953 20A-7-211). 15, 273). Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. 3, 1; Art. Const. Timeline for collecting signatures: For direct initiatives, six months to collect (submit proposed measure within 10 months with deadline to submit four months out from the general election). 15, 273; Miss. M.C.L.A. 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). Proponent organization and requirements: Must obtain certificate of review from attorney general and file petition with secretary of state (I.C. Art. Contributions of $1,000 or more must be reported within 48 hours after receipt (IC 67-6607). VI, Subpt. 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. Disclosure reports must be filed 60 days before the election, on the 5th and 20th day of each month until the election, the 20th day of November after the election, and the 20th of January each year. For constitutional amendments, 10% of votes cast for governor in last election. 5, 1; A.C.A. Paid per signature: Cannot be paid based on the number of signatures collected, but can be paid in general as long as disclosing with the secretary of state prior to collecting signatures (NDCC, 16.1-01-12; Initiative and Referendum Institute v. Jaeger, 2001). Art. Petition title and summary creation: Title board, comprised of secretary of state, attorney general and director of the office of legislative legal services (C.R.S.A. Prepared by attorney general, department of finance and the legislative analyst office. Application process information: Application form will be prescribed by the secretary of state. Oklahoma: Secretary of state reviews and processes the petition, along with the attorney general and the supreme court. If 110 % or more, the petition passes. Stat. 1953, Const. Timeline for taking effect: Upon publication of the certificate by the secretary of state of the result of the vote (Const. An emergency law shall remain in force notwithstanding such petition but shall stand repealed 30 days after having been rejected by a majority of the qualified electors voting thereon (Const. Fiscal review: Governor's Office of Management and Budget conducts an estimate (U.C.A. 16, 6; N.R.S. Circulator oaths or affidavits: Yes (Ark. Circulator requirements: U.S. citizen and age 18 or older (10 ILCS 5/28-3), Circulator oaths or affidavits: Yes (10 ILCS 5/28-3), Allowed to pay another for their signature: No statute, Number of signatures required: Eight % of the votes cast for governor in the last gubernatorial election (ILCS Const. 250.105). Initiativ e, Referendum and Recall Information The following is also provided in Spanish Lo siguiente tambin puede leerse en espaol. NAME _____ Period____ US History Midterm Review Packet Directions: Your goal is to create a booklet and fill in the data by using all resources: Terms, Canvas PowerPoints, Binder with assignments by Unit, US History Text, and the Guided Readers, along with the Gateway textbook. Must file quarterly reports. Art. Time period restrictions before placed on the ballot: To be voted on at the next regular or general election subsequent to 125 days after the supplementary petition is filed (OH Const. Campaign statements must be filed by the 11th day before the election, the 30th day after the election, April 25 and July 25 every year and October 25 in odd-numbered years. 7-9-106). Not more than 24 months for collection with a deadline of four months before the election, and by 5 p.m. on the final day. Code Ann. 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). 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. 2, 10), Timeline for taking effect: Day after the election unless otherwise specified (Cal.Const. If the attorney general does not approve of the statement, they prepare one themselves (MCA 13-27-312). Submission deadline for signatures: Within 90 days after the adjournment of the legislative session in which the act was passed (AS 15.45.370(2)). 54, 22A). Subject restrictions: 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 are not subject to the referendum (Const. States may apply a single-subject rule or other restrictions. Art. Art. Art. Petition title and summary creation: The secretary of state (W.S.1977 22-24-310). Study with Quizlet and memorize flashcards containing terms like During the gold rush, white miners used nativism and racism to justify their violence against Native populations. Const. Art. Paid per signature: Circulators may be paid but not by the signature. 4, 1, Pt. 3, 17(1)). The criteria for these requirements vary wildly. III, 52(c); Wyo Stat. Const. General election, and must file by the May before the election the measure is to be voted on. Art. CONST. Art. Timeline for taking effect: July 1 after the official canvass (SDCL 2-1-12). Petitions must be submitted no later than 5 p.m. 90 days after the final adjournment of the legislative session. Does the law in question take effect before the referendum vote: No. Public review or notice: The attorney general submits a draft ballot title and the public may submit written comments regarding it, which the attorney general may use to revise the title. Verification: Secretary of state verifies via a random sampling (SDCL 2-1-11; 2-1-15; 2-1-16; SDCL 2-1-17). Must be submitted by September, then December, and then possibly July (M.G.L.A. States sometimes limit how soon a measure can be re-attempted. Within three days of making an expenditure or receiving a contribution, a political committee must file a statement of organization and designate a treasurer. 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 (Const. XVI, 1; Art. Some states have what's called an indirect initiative process. Who can sign the petition: Electors (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. All of the chief petitioners must sign the form to withdraw. Art. U.S. History Midterm Review Packet 2022.docx - NAME Circulator requirements: 18 years of age (NRS 295.0575). 4, 5). 1953 20A-7-202.5). In election years, instead of biannual reports, reports are due no later than the second Monday in April, May, September and October, and no later than the Thursday before an election. . Direct Democracy in California: History and Functions See Elec. Const. 11 1 and 5). To do this, petitions have to be signed by a certain portion of the electorate, or voters. Application process information: Requires 25 or more must signatures as a sponsoring committee and present the complete measure to the secretary of state for approval, one of whom which must be designated as chairman of the sponsoring committee. Should this bill be: Approved. 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). 48, Init., Pt. If amended, expires or is rejected, it goes onto the ballot. Who can sign the petition: Qualified registered voter (W.S.1977 22-24-313). Art. Art. Proponent financial disclosure requirements: Include but are not limited to quarterly reporting and following rules set by board of elections (10 ILCS 5/9-15). Proponent organization and requirements: A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter 37 (MCA 13-27-112). 6). 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). Att'y Gen. No. Application process information: No fee or application prior to circulating. Form of petition specified (M.C.L.A. A political committee must have a treasurer before receiving contributions or making expenditures. 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). This ensures that measures will not be passed by a small minority of voters, either because of a low turnout or ballot-drop off (where voters only vote partway through a ballot). Art. 54 42A, 53; M.G.L.A. Repeal or change restrictions: None (Const. What is on each petition: Must include title and complete text must be attached (MCA 13-27-201). Petitions must be submitted not less than four months prior to the next general election. And, in some states, the review is purely technical; the proposal is reviewed to ensure it meets the legal requirements for format and style and adheres to drafting conventions. Types allowed: Direct citizen initiative for statutes and amendments and popular referendum, Single subject rule: Yes (C.R.S.A. Timeline for collecting signatures: Six months to turn in signatures once petitions have been titled and certified for circulation (C.R.S.A. 5, 1), Single subject rule: Yes (Cal.Const. Submission deadline for signatures: Not more than 90 days after the law which is the subject of the petition has become law (Const. This bill would (concise description).
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