Art. In Maine, Oklahoma and Utah, the law includes additional requirements to those governing conflicting measures: In Alaska, if the lieutenant governor and the attorney general determine an act of the legislature is the same as the proposed measure, then the citizen initiative is voided (AS 15.45.210). Submission deadline for signatures: Within 90 days of the adjournment of the legislature which passed the law (SDCL 2-1-3.1). Which election is a measure on: Next general election held at least 131 days after signatures are certified. 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. Art. Petition title and summary creation: Secretary of state, revisor of statutes and attorney general (21-A M.R.S.A. No two states have exactly the same requirements for qualifying initiatives to be placed on the ballot. 8; 17). Art. Must include a warning about unlawful signing, a circulator affidavit and a notification as to whether the circulator is paid or volunteer. Majority to pass: Yes (OK Const. Referendums usually take place on election voting days. A requirement for 5% of the registered voters in two-fifths of the counties each was held unconstitutional, but that case was vacated because of an issue of standing. Timeline for collecting signatures: 18 months (W.S.1977 22-24-315). Stat. Which state does not limit voting rights to individuals who are incarcerated, unless the crime committed was election fraud? Rev. A report is also due no later than the 15th day after the deadline for filing the referendum petition. 295.009; 294A.150; 294A.220). Legislature or other government official review: Since the process is an indirect initiative, the legislature has four months to adopt the unchanged constitutional initiative by a majority in each house before the secretary of state submits it to the people. Art. State Board of Elections (Note: the board is empowered to adopt rules for filing applications, so presumably such applications are filed with the board. a. butterfly ballot. Each page must contain the full text of the measure or an accurate summary approved by the attorney general (Const. 3, 50 and V.A.M.S. Art. Nebraska: not less than 35% (Const. Timeline for collecting signatures: One year, but proponents must submit to the county officials no sooner than nine months and no later than four weeks prior to the final deadline (MCA 13-27-301; 13-27-202). III, 2; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. Ballot title and summary: A statement of purpose and implication, not to exceed 135 words, and yes-no statements are drafted by petitioners and reviewed and approved by the attorney general. Art. Vote requirement for passage: Majority (Const. Office of Legislative Research and General Counsel numbers propositions and proposes a descriptive title summarizing the contents of the measure. Once the lieutenant governor receives the verified packets from the clerks, they count the number of names and declare the proposition sufficient or not (U.C.A. Art. Number of signatures required: 5% of total votes cast for governor at last election (OK Const. S127 was deleted in its entirety, meaning that Aboriginals could now be counted towards the population of the Commonwealth. 24, 1), Utah (U.C.A. Number of signatures required: 5% of the whole number of votes cast for governor in the last election. Art. Art. III, 4). 19, 6). A petition organizer must register with the secretary of state. Allowed to pay another for their signature: Prohibited (NDCC, 16.1-01-12). The requirements for an election with statewide ballot measures vary by state. Repeat measures: Cannot be same as a measure at either of the two preceding biennial state elections (M.G.L.A. 100.371), Fiscal review: Yes, by the Financial Impact Estimating Conference (F.S.A. Art. Attorney general after receiving written comments from Legislative Research Council, U.C.A. A statement of 100 words or less by secretary of administration and finance regarding fiscal consequences of the measure. IV, 1). A warning to signers is required (CRS 1-40-110). Supermajority vote only to change vote requirement. 4, 5), Forty percent in Mississippi (MS Const. Number of signatures required: 2% of the entire vote cast for governor at the preceding biennial state election (Const. St. 32-1405). Twenty-four states have citizen initiative processes. 4, 1, Pt. Verification: Board of state canvassers verifies the signatures using the qualified voter file and shall complete the process at least two months before the election (M.C.L.A. III, 2). If the legislature does not enact the statute, another round of signatures is required equaling 0.5% of votes for governor. South Dakota: The Legislative Research Council provides written comments to the attorney general (SDCL 12-13-25; 12-13-25.1). 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. Public review or notice: Secretary of state creates pamphlet with information and arguments and publishes the measures in newspapers leading up to the election. 116.332). Filing must include the description of the effect of the measure, the sponsor's name and signature (NRS 295.015). Art. 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 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. There are 26 states that allow for citizen-initiated ballot measures. 1-40-130, 1-40-111), Number of signatures required: Five % of votes cast for secretary of state in last election (C.R.S.A. Verification: The circuit clerk of each county in which the petition was circulated will verify the name of every qualified voter who signed the petition (Miss. 3, 52). Const. Ballot title and summary: Lieutenant governor forwards petitions that are qualified for the ballot to the Office of Legislative Research and General Counsel, who drafts an impartial title of not more than 100 words summarizing the contents of the proposal. Art. VI, Subpt. Marketing cookies are used to track visitors across websites. 353, 354). Must register organization (5 ILCS 20, 10 ILCS 5/28-9). When legislatures draw district lines made up largely of underrepresented minority groups, the practice is Tit. 3, 18 and 21-A M.R.S.A. Geographic distribution: 3% of the votes cast for the office of governor in the last election in half of the counties each (OH Const. Timeline for taking effect: 30 days after the election (Const. Application process information: Petition as to be circulated is filed with secretary of state prior to circulation and must include the title of the referred law, the effective date, the date of the election at which it will be submitted. Which election: Next succeeding general election, except when the legislature shall order a special election (Const. Must include the names, addresses and signatures of at least 25 electors as sponsors and the full text of the measure (Const. Code 84202.3). Const. For constitutional amendments, 10% of votes cast for governor in last election. Who can sign the petition: Qualified electors (NDCC Const. 14, 3), Ballot title and summary: Proponents but certified by state board of elections and reviewed by attorney general (see 10 ILCS 5/28-5; 10 ILCS 5/16-6; 5 ILCS 20/2), Time period restrictions before placed on the ballot: Filed at least six months before the election with the secretary of state (ILCS Const. Sponsors draft summary and submit to board of state canvassers for approval. Code reviser issues certificate of review (RCWA 29A.72.020). Art. Five states impose an additional threshold. Const. Idaho: Within 20 days after initial petition filing, attorney general reviews and recommends revisions in an advisory capacity. Art. Direct democracy takes many forms. Referendum within the United States normally refer specifically to questions about striking down enacted law, known internationally as the popular referendum . Circulator oaths or affidavit required: Yes (34 OS 6). If a state wishes to remove a government official from office and replace the official with another person, the state would use a _________. II, 9). c. pocket veto effect. Timeline for taking effect: An act rejected by referendum is void 30 days after certification. Wyoming: Upon request, the legislative service office or any agency in the executive department shall render assistance in reviewing and preparing comments on the proposed bill. 54, 53). Const. Petitions must be submitted within 90 days following the final adjournment of the legislative session at which the law was enacted. Disclosure of advertisements is required (ARS 19-925). States have statutes covering conflicting or competing measures, the percent of the vote needed to pass a measure, and repeal or change restrictions. 354). Time period restrictions before placed on the ballot: Signatures must be filed one year prior to the election (SDCL 2-1-1.2). 2, 10; N.R.S. 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. journalists or commentators. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient (Const. Repeal or change restrictions: None (Const. General review of petition: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. VI, 1 and Utah Code 20A-7-301(2)). Political committees must file reports of contributions and expenditures. Withdrawal process of individual signature: Any signer may remove their signature at any time before the petition is filed by striking it out on the petition (ORC 3501.38(H)). 53 22A; M.G.L.A. II, 1e). 4, 1, Pt. 34, 25, Next statewide election unless a special election is called by the legislature or the governor for the express purpose of considering a referendum, Regular election unless otherwise ordered by the legislative assembly, Next regular general election or a special election called by the lieutenant governor, Const. Proponents; a simple statement of the gist of the measure is included on the petition. To ask citizens to confirm or repeal a decision. Who creates petitions: Petition filed by proponents is certified by attorney general, ballot board, and secretary of state (O.R.C. 5, 1). Proponents write title. Where to file: Lieutenant governor (Const. A statement of organization is required. 54, 22A). When a congressional election is held that does not coincide with a presidential election, it is called a, 4. 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. 3, 8), Timeline for taking effect: Thirty days after the election (NDCC Const. Timeline for taking effect: Upon publication of the certificate by the secretary of state of the result of the vote (Const. Rev. 21 1). 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). 3; Const. Art. Art. Proponent organization and requirements: At most, three people are designated as the chief petitioners and state whether circulators will be paid or not (O.R.S. 22-24-412). Formal processes vary greatly, such as the requirement of a formal sworn statement in Missouri (V.A.M.S. Geographic requirements based on U.S. House districts, which must be highly equal in population, have been ruled constitutional. 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. 116.080).. Circulator oaths or affidavit required: Yes (Mo.Rev. Art. Contributions from nonresidents of the state, political committees organized outside the state or an entity that is not filed with the secretary of state for four years preceding the contribution are prohibited. What is on each petition: Petition includes original bill number, title and affidavit signed by no more than three proponents file the measure (34 OS 1). Regular election unless otherwise ordered by Legislative Assembly, and restrictions of four months prior to the general election. 2, 9). Although voters overwhelming voted yes, the question was non-binding and the governor and legislature were not obligated to act upon the measure. And, must also be submitted to the appropriate officials of cities, towns or plantations, or state election officials as authorized by law, 10 days before it's due with the secretary of state (M.R.S.A. Art. Cannot stop emergency laws passed by the legislature or appropriations to support state departments or institutions. 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. CONST. 3, Sec. Art. Other requirements may include a legal warning, a statement that the petition circulator is paid, a summary of the proposed measure, the full text of the measure, the county or district where the signature was collected and more. Art. Const. 4, Pt. Withdrawal of petition: Only before submissions (10 ILCS 5/28-3), Petition title and summary creation: Proponents, no statute (ILCS Const. Law 6-202). 1953 20A-7-212). 19, 1 and NRS 293.127563). V, 3 and OK Stat. 1953 20A-7-201). Const. 3, 4; Art. Art. Fiscal review: The financial estimate committee will estimate costs and consult with the legislative revenue officer (O.R.S. A ballot question committee includes any person, located within or outside Arkansas, who receives contributions or makes expenditures for the purpose of expressly advocating the qualification, disqualification, passage or defeat of any ballot measure. c. majority rules Art. Approximately how much money does it take for a candidate to have a reasonable chance of winning a 3, 52(f)). 250.048; OR CONST Art. Timeline for collecting signatures: Petitions are valid for one year (MS Const. b. decrease the number of political parties. 7-9-107). Art. 49-1401). 2 with the secretary of state (34 Okl.St.Ann. Art. Prepared by sponsor, approved by secretary of state. 1-40-106). Random sample process must require the random selection and verification of 500 signatures or 5% of the total signatures on the petition, whichever number is greater, to determine what percentage of the random sample is composed of signatures that are authorized by law to be counted. Law 7-105. Since the process is an indirect initiative, the legislature has four months to adopt the unchanged constitutional initiative by a majority in each house before the secretary of state submits it to the people. Allowed to pay another for their signature: Prohibited (NRS 32-630 and -1404). Art. 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. 22-24-407). Const. For direct initiatives, six months to collect (submit proposed measure within 10 months with deadline to submit four months out from the general election). Seven states (Alaska, Arkansas, Colorado, New Mexico, North Dakota, Ohio and Oregon) allow sponsors extra time to gather additional signatures if the petitions submitted are insufficient. Types allowed: Direct and indirect initiatives for statutes, and popular referendum, Single subject rule: Yes (U.C.A. III, 3). Petitions must be submitted within 90 days after the law is filed by the governor in the office of the secretary of state. Art. In political science, voter apathy is a lack of interest among voters in the elections of representative democracies. Must report on Jan. 15 of an election year all expenditures in excess of $1,000 or cumulative expenditures to one recipient in excess of $1,000 in the previous calendar year. 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. Where to file: Secretary of state (IC 34-1804). 3, 52). Referendum can be initiated by the legislature also as when a measure is presented to the electorate for its approval. The legislature may submit a competing measure to the ballot (M.G.L.A. Who can sign the petition: Electors (Const. Every state also includes requirements as to how the authenticity of signatures are verified, and constitutional amendments often require more signatures than statutory changes. Generally, there is a 90-day period after the law is passed during which the petitioning must take place. 48, Pt. Withdrawal process of individual signature: Signatures may be withdrawn up to the time of submission of the petition. Application process information: At least five sponsors must apply, each of whom is registered to vote in Utah. 2, 24). Application process information: Must file a copy of the measure with the secretary of state and the sponsor; as an individual or acting on behalf of an organization, must file an affidavit. Proponent organization and requirements: Sponsors must designate a committee of three to five people who shall represent them in all matters related to the petition (ORC 3519.02). Reports of contributions received, and expenditures made must be filed at least seven days before any primary, special or general election (Wyo. 1953 20A-7-202). Const. 1953, Const. Single subject rule: Yes (N.R.S. Semiannual statements of contributions and expenditures are due July 31 and January 31 (Govt. Petition title and summary creation: Secretary of state (21-A MRS 901(4)). XVI, 4). General review of petition: After the hearings the proponents and Governor's Office of Management and Budget may revise (U.C.A. 1953 20A-7-208; 20A-7-702). Application process information: A prospective petition must be filed with the secretary of state. Art. Withdrawal process of individual signature: By giving written notice to the lieutenant governor before the date the petition is filed (AS 15.45.350). The high threshold for success in the double majority makes a successful referendum increasingly rare. States decide how the ballot title and summary are created and any requirements for the wording of the measure on the ballot. 295.055; 295.009). III, 3 and MGL ch. 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 requirement may be waived by a two-thirds vote in each house of the legislature. 12, 2), Mississippi (MS Const. U.C.A. Timeline for taking effect: 30th day after the election at which it was passed (Const. Art. 100.371; 16.061). 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). Art. Petition sponsors may not gather signatures without first forming a ballot issue committee (Elec. Art. Stat. Geographic distribution: The registered voters signing such petition shall be so distributed as to include five percent of the whole number of votes cast for governor at the last election in each of two-fifths of the counties of the state (Const. 116.320). c. It is the practice of voting directly for proposed laws. 354, Michigan: M.C.L.A. IV, pt. 19, 3; N.R.S. Art. The majority system 14, 3), What is on each petition: Entire text of proposed measure, date of general election it is to be voted on and circulators statement (ILCS Const. 2, 3; M.G.L.A. 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. Const. 901), Where to file with: Secretary of state (M.R.S.A. May also post in newspaper (21-A M.R.S.A. Art. 1b), Repeal or change restrictions: No veto by the governor (OH Const. States may apply a single-subject rule or other restrictions. Must also file with the secretary of state not less than four months before the election at which initiatives are to be voted on. 14, 9). 54 53). . In the indirect process, the proposal is submitted to the legislature. Then the clerks verify the signatures; with a random sample of at least 500 or 5 % of the petition district's signatures. Petition title and summary creation: Written by sponsors, approved by attorney general (Const. Paid signature gatherers must register with the secretary of state and pay a fee of $20 for each petition they will be paid to circulate (SDCL 2-1-1.5 through -1.9). Const. Const. 4, 1, Pt. Six states do not have a law governing conflicting measures: Florida, Illinois, Montana, Oregon, South Dakota and Wyoming. Details on who or which offices writes the title and summary are listed below. Submission deadline for signatures: Not more than 90 days after the end of the session at which the act was passed (Const. 19-125), Time period restrictions before placed on the ballot: No statute, Conflicting measures: The measure that receives the greatest number of affirmative votes (A.R.S. Code 18680. c. the official candidate for a political party, running in the general elections Circulator oaths or affidavit required: Yes (Const. Next statewide or general election, whichever comes first that is not less than 60 days after the petition is submitted, At the next ensuing election held throughout the state for members of the U.S. House of Representatives. 21 1), and by 5 p.m. on final day (A.R.S. 4, 3; Constitution 48, Init., Pt. IV, pt. Each state has a unique way of handling the timeline and deadline for signature gathering. 3, 17(1)). The same title drafted by the title board in the pre-qualification is used on the ballot. 250.036). Who creates petitions: Secretary of state (N.R.S. Geographic distribution: The maximum number of signatures counted from any individual congressional district is one-fifth of the total number required (MS Const. Art. Allowed to pay another for their signature: Prohibited (V.A.M.S. 5, 1 and ACA 7-9-107). The guidelines for the format and content of petitions vary by state. A.R.S. 3519.03; 3519.01; 3519.062). Const. 53 7). VI, Subpt. 19-121), Submission deadline of signatures: Four months before election (A.R.S. 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. 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. NDCC Const. 18. Verification: The secretary of state establishes the statistical sampling method. The popular referendumallows voters to approve or repeal an act of the Legislature. 3; Const. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments, and popular referendum, Single subject rule: Yes (O.R.C. 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. Art. II, 1g; O.R.C. Const. c. poll testing. Art. Repeal or change restrictions: Amend or repeal must be approved by voters, unless the original measure permits amendment or repeal without voter approval (Cal.Const. In 1911, California voters approved the constitutional processes of initiative, referendum, and recall. Application process information: Application form will be prescribed by the secretary of state. These requirements vary widely, most often including newspaper publication, other public displays such as posting on the internet, or public comment periods. Art. Cure period for insufficient signatures: If a petition is insufficient, a period of 20 days is allowed for correction (Const. 12, 2), Collected in-person: In the presence of the circulator (M.C.L.A. Collected in-person: The circulator must witness each signature (OR Rev. Art. Constitution 48, Pt. 3, 6). Const. Cannot have had a penalty for violation of title 16 (election laws) or title 19 (initiative and referendum laws) in the past five years, been convicted of treason or a felony and has not been restored to civil rights, or been convicted of any offense related to fraud, forgery or identity theft. When formed as a ballot question committee, it must file campaign statements and other forms with the Nebraska Accountability and Disclosure Commission, all on a set timeline. Which of the following has increased the ability of candidates to raise small contributions from tens of In California (Cal.Const. Art. Art. a. Reynolds v. Sims Vote requirement for passage: Majority (AS 15.45.220). 295.015). Stat. Full and correct copy of title and text must be printed on petitions (NRS 32-1403). 15, 273). Vote requirement for passage: Majority (IC 34-1803). III, 5(2)). 53 7. 3519.21. * See also: 2011 N.D. Op.Atty.Gen. Majority to pass: Yes (M.C.L.A. The next statewide election unless the legislature or governor convenes a special election for it or the governor designates a vote at the primary election. Art. Art. 3, 1; SDCL 2-1-6). 2, 9; M.C.L.A. This is in contrast to an issue being voted on by a representative. Art. Most states only allow an individual to withdraw a signature before the official filing of the petitions. 48, Init., Pt. V, 2). Const. Geographic distribution: Not more than one-fourth the of signatures shall be from one county (Const. Generally, however, the process includes these steps: If enough valid signatures are obtained, the question goes on the ballot or, in states with the indirect process, is sent to the legislature. Const. No county recorder or justice of the peace may circulate, and no circulator banned pursuant to 19-119.01 ((A.R.S. Geographic entities based on U.S. House districts, which are required to be highly equal in population, have been ruled to be constitutional (for example, see Nevada).
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