3, 50). II, 1b; Art. 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). Stat. 15, 273). 22-24-410). Const. III, 52(a) and Mo.Rev.Stat. 3, 4; Art. Art. 1953 20A-7-205). 11 906(6)(B)). Direct primaries. Initiative, Referendum, Recall Flashcards | Quizlet Law 6-202). California. 15, 273 and Miss. 3, 50), Other subject restrictions: No appropriations or other new revenues not provided for in the measure (V.A.M.S. Art. Timeline for taking effect: Goes into effect once the supreme court finishes canvassing the votes (N.R.S. Designated representatives must, within 10 days of filing a completed petition, file a report containing information about paid circulators and any other expenditures made in relation to circulating petitions (CRS 1-40-121). Application process information: Petition must be presented to secretary of state for approval as to form. III, 5(1)). Art. Circulator oaths or affidavits: Official sponsors must sign at least two-thirds of the petitions (DCL 2-1-1.2). Verification: Each signature is physically counted. II, 1g; O.R.C. LXXXI, 4). Repeal or change restrictions: Two-thirds vote is required to amend or repeal a measure approved by a vote of the people (Cont. Who creates petitions: Sponsors (Elec. 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. II, 1g; O.R.C. 165-014-0005 Designating the State and Local Initiative, Referendum, Referral and Recall Manuals and Forms (1) The Secretary of State designates the State Initiative and Referendum Manual revised 02/2022 and associated forms as the procedures and forms to be used for the state initiative and referendum process. Const. 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. For indirect statutory initiatives, roughly 11 months and two weeks (N.R.S. Const. Recall, the device by which voters may remove public officials from office, also originates with the people. "Petition organizer" means a business entity that receives compensation for organizing, supervising or managing the circulating of petitions. Public review or notice: Thirty day comment period, with comments published along with explanatory statement and fiscal review, publicly accessible on internet and in a pamphlet. 3, 52(f)). For constitutional amendments, 8% of total vote for governor in last election in each of two-thirds of the state's congressional districts. Code Ann. 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)). 3599.03). A ballot summary is prepared by Department of Legislative Services and approved by attorney general Elec. Amount is specified by secretary of state by rule. 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). These are all then submitted to the secretary of state (SDCL 12-13-25.1; 12-13-26). Filing must include the description of the effect of the measure, the sponsor's name and signature (NRS 295.015). Art. Vote requirement for passage: Majority (SDCL 2-1-12). N.R.S. 34-1801a, 34-1804, 34-1809, Illinois: ILCS Const. Petitions must be submitted to counties for verification four weeks before this deadline. Art. 19-124). And no measure that names an individual to hold office or names private corporation to perform any function. Which election is a measure on: General election (I.C. The financial estimate committee will estimate costs and consult with the legislative revenue officer. Lieutenant governor forwards petitions that are qualified for the ballot to the Office of Legislative Research and General Counsel, which drafts an impartial title of not more than 100 words summarizing the contents of the proposal. Who can sign the petition: Qualified electors of the state (34 OS 23). Circulator oaths or affidavits: Yes (O.R.C. Petitions must be submitted within 90 days after the law is filed by the governor in the office of the secretary of state. Rponses possible : a. VI, 1 and Utah Code 20A-7-102). Arizona (Const. 3, 52(f)). 5, 1). Ballot title and summary: Attorney general. Paid per signature: May be paid but not on number of petitions circulated or signatures obtained. Which election: Next statewide election, unless a special election is called by the legislature of the governor for the express purpose of considering a referendum (Const. XVI, 4). CONST. 23-17-17). To share with more than one person, separate addresses with a comma. Vote requirement for passage: Majority (IC 34-1803). III, 4). These may be accepted or rejected (Neb. Petition title and summary creation: Sponsors draft title (ARS 19-101(A)). 1-40-134). Michigans constitution explicitly grants the legislature the power to amend laws approved by the people by referendum at any time (Const. 6), Allowed to pay another for their signature: Likely prohibition on the use of public funds (26 Okl.St.Ann. initiative, referendum, and recall - Students - Britannica Kids Art. 6, 22), Washington (RCWA Const. Number of signatures required: Eight % of the total number of legal voters for statutes. Does the law in question take effect before the referendum vote: Not specified. 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. 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. Submission deadline for signatures: Must be filed within 90 days of when the applicable legislative session adjourns sine die (AZ Const. Ballot title and summary: Secretary of state drafts ballot language statements that fairly and accurately explain what a vote for and what a vote against the measure represent, approved by attorney general (Mo.Rev.Stat. Petition title and summary creation: Attorney general (RCWA 29A.72.060), What is on each petition: Ballot title, summary, warning and full text of the measure (RCWA 29A.72.120; 29A.72.110). Sponsoring committee must file a statement of renumeration prior to circulating signatures if circulators will be paid. Secretary of the state and attorney general. 4, Pt. Director of the Legislative Research Council prepares a fiscal note as requested. Art. An estimated fiscal impact statement must be printed with any constitutional amendment or initiated or referred measure on the ballot. 1-40-108). Vote requirement for passage: Over 50% of those voting in the general election (Const. May remove no later than 120 days prior to the next general election and at least two-thirds of petition sponsors must sign the form. (21-A MRS 905). Timeline for taking effect: On and after the 30th day after it the initiative was approved by voters unless otherwise specified (RCWA Const. Stat. XVI, 5(b) and Elec. Rule 2.36; Okl.St.Ann. 22-24-412, Within 90 days after the adjournment of the legislative session at which it was passed. 5, 1). II, 1e). Code Ann. Petition must be filed with county officials not later than 15 days following the primary election. Additional reports are due on the third Wednesday in January of each year the committee continues in existence. There is another kind of referendum, called the plebiscite (from a Latin term meaning decree of the people), whereby questions or issues are submitted to the vote of the people. Subject restrictions: Prohibited subject areas include general appropriation laws; laws providing for the preservation of the public peace, health or safety; for the payment of the public debt or interest thereon, or the creation or funding of the same, except as in this constitution otherwise provided; for the maintenance of the public schools or state institutions, and local or special laws (Const. 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. 54 53). 295.009). Circulator oaths or affidavit required: Yes (Const. This was held to be constitutional. 295.015). Number of signatures required: 6% of the qualified electors at the time of the last general election (IC 34-1805). 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). Repeat measures: 5 years on any measure that is "substantially the same as that defeated by" the previous measure (W.S.1977 22-24-301). Code 23-17-37). What is on each petition: The cover of the petition must contain the name and address of the chief petitioners, the measure summary and a statement as to whether circulators are being paid. Who creates petitions: Secretary of state reviews the petitions (SDCL 2-1-1.1; SDCL 2-1-1.2). Must include a warning about unlawful signing, a circulator affidavit and a notification as to whether the circulator is paid or volunteer. If the referendum question gains enough "yes" votes, then . 14, 10. Art. IV, pt. Submission deadline for signatures: Ninety days after the law is filed by the governor in the office of the secretary of state (Const. Art. 1-40-111), Withdrawal process of individual signature: Written request prior to submission of signed petitions (C.R.S.A. Const. 1-40-111). For constitutional amendment initiatives, 4 % of the resident population (NDCC Const. 8). Revised statutes now require that signatures be equally collected among all the petition districts (congressional districts). Six months to turn in signatures once petitions have been titled and certified for circulation, and filed no later than three months and three weeks before the election and made by 3 p.m. on the day of filing. 48, Init., Pt. Constitution 48, Init., Pt. Timeline for collecting signatures: Not more than 24 months (A.R.S. A committee must file a statement of organization within 10 days of its organization; must include a brief statement identifying the substance of each ballot question supported or opposed by the committee. Which election is a measure on: At general elections, except when a special election is ordered by the legislature (V.A.M.S. 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. If raising more than $5,000 in a year, the entity must register as a ballot question committee. Art. Cannot start collecting more than two years before the election (ILCS Const. Geographic distribution: Under court challenge. Const. Art. Does the law in question take effect before the referendum vote: For the purposes of the second paragraph of Const. Illinois requires either 60 percent of those voting on the amendment itself or a majority of those voting in the election as a whole (ILCS Const. Timeline for taking effect: Effective 90 days after certification (Const. 1953 20A-6-106; 20A-7-206). Art. 23-17-7; 23-17-9; 23-17-15, Proponents, approved or rewritten by attorney general, Proponent, with possibility of being amended by statute, Secretary of state and approved by the attorney general. All of the chief petitioners must sign the form to withdraw. II, 1c and 1g; ORC 3519.16(F). After translating an article, all tools except font up/font down will be disabled. Const. 100.371). VI, Subpt. Art. Submission deadline for signatures: No later than six months after the adjournment of the legislature which passed the act (Const. Const. Resource Initiative and Referendum Overview and Resources 250.036). Art. 34-1801a, 34-1804, 34-1809). Petitions must be submitted to counties for verification four weeks before this deadline (MCA 13-27-301). Const. Art. Art. Proponent financial disclosure requirements: Include but are not limited to being a ballot question committee is treated as a type of political committee, filing electronic campaign finance reports, where a committee can spend, and unlimited contributions to a ballot question committee (M.G.L.A. Art. 3, 19; 21-A MRSA 903-A, sub-4), Nebraska (Neb. Repeal or change restrictions: No veto and only a majority of voters to overturn amendments, not 55 % (C.R.S.A. III, 8). Geographic distribution: No more than one-quarter of signatures may come from a single county (M.G.L.A. Sometimes initiatives are first submitted to a legislature. 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. St. 32-1405). Code 84202.3). Submission deadline of signatures: Four months prior to the general election (OR CONST Art. Number of signatures required: 3% of the whole number of votes cast for governor at the preceding election (Const. Art. 4, 1, Pt. Fiscal review: Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures (O.R.C. Who creates petitions: Secretary of state creates a sample petition and then the petition is reviewed by the attorney general (V.A.M.S. Where to file: Secretary of state (NRS 32-1405). Prepared by the office of financial management, in consultation with the secretary of state, the attorney general, and any other appropriate state or local agency. 5, 1; A.C.A. Application process information: Text and proposed ballot statements are submitted to secretary of state. 295.009 with the secretary of state, and it may be amended pursuant to that statute (N.R.S. Art. 106.08, 106.19). Public meetings are also held and posting of amendments (A.R.S. 250.137; 250.139; 250.125; 250.067; 250.127). Art. Const. 5, 5; M.G.L.A. II, 1g; O.R.C. VI, Subpt. 250.062). Code 13-208 for statement of organization. Direct Democracy in California: History and Functions For statutory initiatives, 8 % of legal voters who cast ballots for governor in last election. 901), Proponent organization and requirements: Any organization supervising or managing petition circulation must register with secretary of state (21-A M.R.S.A. 5, 1). Allowed to pay another for their signature: Prohibited (W.S.1977 22-24-323). City Clerk Initiative, Referendum, and Recall - Phoenix, Arizona Art. Const. Art. 1953 20A-7-205). III, 5(1) and MCA 13-27-202). Several states require two officials to write or review the title and/or summary, given their importance to a ballot measure. In some states, the legislature or governor may order a special election for a measure. A.R.S. Art II, 10 and Elec. Circulator oaths or affidavit required: Yes (Utah Code 20A-7-303(3)). Art. Art. Const. 15, 273 and Miss. XLVII, Pt. III, 2), Oklahoma (OK Const. Circulator oaths or affidavit required: Yes (IC 34-1807). 3, 18), Massachusetts (M.G.L.A. Collected in-person: Original ink signatures are required (ORC 3519.051 and 3501.38(B)). If a petition is insufficient, a period of 20 days is allowed for correction. Art. 3, 5). Allowed to pay another for their signature: Prohibited (21-A MRS 904-B). Art. To place a popular referendum on the ballot, sponsors must gather signatures on petitions. Const. Cure period for insufficient signatures: None. Initiative, Referendum and Recall are three powers reserved to the voters to enable them, by petition, to propose or repeal legislation or to remove an elected official from office.. Pursuant to state law (A.R.S. 1(6C) and (6D)). Timeline for taking effect: The date of the official declaration of the vote thereon by proclamation of the governor, but not later than thirty days after the vote has been canvassed (Const. 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. Eight% of votes cast for the office of governor at last regular gubernatorial election prior to submission of the signatures for verification. 5 Advantages and Disadvantages of Referendums - ConnectUS