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Timeline for taking effect: 30th day after the election at which it was passed (Const. RCW 42.17A.205, 42.17A.235, 42.17A.250, 42.17A.260, 42.17A.265. Art. Q. Which election: At the next ensuing election held throughout the state for members of the U.S. House of Representatives (Const. Verification: Direct initiatives are turned into the county clerk of the county in which the initiative packet was circulate. 116.100). 23-17-17; 23-17-19). Verification: The election commissioner or county clerk compares each signer's information to that of voter registration records to verify that they were registered voters when they signed and verify all other information (Neb. 19, 2; American Civil Liberties Union of Nevada v. Loma (2006); N.R.S. Art. XVI, 4). Art. Art. 1-45-103, 1-45-108.3, 1-45-111.5 1-45-117, Maine: 21-A M.R.S.A. Cannot have had a civil or criminal penalty for a violation of election code in the last five years; been convicted of treason or a felony and not restored civil rights; been convicted of any criminal offense involving fraud, forgery or identity theft. Other subject restrictions: If there are insufficient state funds and the measure does not provide a source, it is effective 45 days after next regular legislative session (M.R.S.A. The requirements for an election with statewide ballot measures vary greatly by state. Ballot title and summary: Attorney general (SDCL 12-13-1.1 and -9). Const. Same if an alternate measure is proposed. Canadians, in May 1980, defeated a proposal that would have forced the national government to negotiate sovereignty for the French-speaking province of Quebec. Cannot in the last five years have been convicted of a crime involving fraud, forgery or identification theft or subject to a civil penalty due to an election offense. If both are approved, the one receiving the greatest number of affirmative votes prevails (34 Okl.St.Ann. Const. V.A.M.S. Petition includes the title of the referred law. Geographic distribution: 3% of total votes cast for the office of governor from at least 15 counties (Const. 22-24-407). Circulator oaths or affidavit required: Yes (IC 34-1807). Art. 18). Types allowed: Direct initiative for statutes and amendments and popular referendum, Single subject rule: Constitutional amendments only, not statutes (A.R.S. This bill would (concise description). Art. Petition title and summary creation: No separate title, and a simple "statement of the gist" of the measure is included on the petition (34 Okl.St.Ann. Art. 2; Neb. Art. Art. 2, 10). These include filing reports and designating organization officers. Either way, the measure is put before the people (MS Const. Const. Petitions are valid for one year, and deadline of 90 days before the first day of the legislative session. Washington requires 60 percent approval for laws authorizing gambling or lotteries (Washington Const. Reports of contributions and expenditures are due on a quarterly basis. Final deadline is not less than 120 days before the next general election. 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. Allowed to pay another for their signature: Prohibited (Const. Some plebiscites have gained international attention since the late 1970s, because they dealt with matters of great concern to large groups of people. Art. 5 1; 7-9-122), Maine (M.R.S.A. Signers must be residents in at least three-fourths of the state house districts, and signatures in each house district must equal in number at least 7% of those who voted in the preceding general election, 3% of total votes cast for the office of governor from at least 15 counties. Sponsors of advertising must file a report within 24 hours of the time the advertisement is published, mailed or otherwise revealed to the public if the advertisement qualifies as an independent expenditure or has a fair market value or actual cost of $1,000 or more. Who creates petitions: The secretary of state prepares five camera-ready copies of the petition for the sponsors (NRS 32-1405). Art. Const. The secretary of state consults with the legislative counsel for any technical suggestions, which will be posted to the secretary's website. 5, 1; M.G.L.A. IV, 1). Unlimited, but if number of filed signatures is deemed insufficient, sponsors have 30 days to collect more. Art. 19, 2). Const. Who can sign the petition: Registered voters (A.C.A. Withdrawal of petition: Any time before the final submission of signatures, proponents may write to the secretary of state to withdraw (34 OS 8). Art. Art. Circulator oaths or affidavit required: Yes (Wyo. Tit. 5, 1; M.G.L.A. Who can sign the petition: Registered electors of the state (M.C.L.A. Application process information: Application form will be prescribed by the secretary of state. 168.487). Art. 12, 2). 3. create a unicameral national legislature. Timeline for taking effect: Effective upon the governor's proclamation of the vote (Const. Art. Who can sign the petition: Registered electors (Const. 55, 22). Conflicting measures: Measure with the most affirmative votes prevails (OH Const. Where to file with: Secretary of state (W.S.1977 22-24-302). Rule 2.36; Okl.St.Ann. 23-17-17; 23-17-19, Montana: MCA 13-27-201; 13-27-202; 13-27-204; 13-27-207, Nebraska: Neb.Rev.St. Art. If 20 % or more of signatures on any part are invalid, then the burden to prove the rest are valid falls on the sponsors (Ark. Verification: A random sample of 5% of the signatures is verified by county recorders (ARS 19-121.01(B)). 22-24-409). XVII, 1; Art. Art. Submission deadline of signatures: Four months prior to the general election (OR CONST Art. The legislature may submit a competing measure to the ballot (M.G.L.A. 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). Art. Allowed to pay another for their signature: Prohibited (AS 15.45.340(c)). If a referendum is filed against an emergency measure, it remains in effect until it is voted on by the people (Const. These are all then submitted to the secretary of state (SDCL 12-13-25.1; 12-13-26). Who creates petitions: Secretary of state (MCA 13-27-202). The sponsor may file a written notice to withdraw the initiative with the secretary of state. Art. Const. Timeline for taking effect: For statutes, unless specified otherwise, Oct. 1 following approval. Art II, 10 and Elec. Upon each of the ballots, following the ballot title or text, the words For the referred law and Against the referred law, must appear. Art. 34-1805). Geographic distribution: Yes. 1953 20A-11-101; 20A-11-801; 20A-11-802; 20A-11-803, Washington: RCWA 42.17A.005; 42.17A; 42.17A.205, Wyoming: W.S.1977 22-1-102; 22-24-201; 22-24-306, California: Cal.Elec.Code 9008, 9009, 9012, Florida: F.S.A. 1(9) and A.R.S. Art. Fifteen % for amendments (A.R.S. Const. 116.153; 116.025). Circulator requirements: According to secretary of state's. 100.371), Geographic distribution: Signatures in each of one-half of the 27 congressional districts of the state (F.S.A. Which election: First general election to be held not less than 30 days after the filing ofthe petition (Const. What is on each petition: Must include a summary of not more than 100 words of the purpose of the proposed question, statement by signers, warning and check boxes to indicate whether circulator is paid or volunteer (MCL 168.482). Fiscal review: Office of Fiscal and Program Review prepares (1 M.R.S.A. II, 1c). If the random sample verification establishes that fewer than 95% of signatures are valid, the petition is deemed insufficient. Other Subject restrictions: Cannot dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts, prescribe court rules, enact local or special legislation, or enact legislation prohibited by the Wyoming constitution (Const. Const. Verification: The secretary of state has 35 days to verify. 2, 10; Cal.Elec.Code 9004). Art. States have statutes covering conflicting or competing measures, the percent of the vote needed to pass a measure, and repeal or change restrictions. 23-17-7; 23-17-9; 23-17-15). Const. Eighteen months or until April 30 of the year of the next general election, whichever is earlier, for collection, and a deadline of May 1 in the year of the election that the initiative will appear on, or 18 months from the date the petitioner receives the official ballot title from the secretary of state, whichever is earlier. Art. And arguments for and against are prepared by committees with members appointed first by the secretary of state, the senate's presiding office and the house's presiding officer (RCWA 29A.32.040; 29A.32.060). Collected in-person: Original ink signatures are required (ORC 3519.051 and 3501.38(B)). Paid per signature: Circulators may not receive payment greater than $1 per signature (AS 15.45.340(b)). Bans on payment-per-signature have met with mixed results in the courts. 7-9-104; A.C.A. Secretary of state, revisor of statutes and attorney general, M.G.L.A. Time period restrictions before placed on the ballot: If 60 days do not so intervene between submission of the petition and the date for holding the next state election, then such law shall be submitted to the people at the next following state election, unless in the meantime it shall have been repealed (Const. Art. Verification: County officials verify each signature, printed name, date of birth and address with the voter registration records to determine if the signer is a registered voter (NRS 32-1409). Public review or notice: In consultation with the attorney general, the secretary state writes an analysis of the effect of the measures, which will be published in the columns for two weeks prior to the election (NDCC, 16.1-01-07). Circulator oaths or affidavits: Either the sponsor or circulator in accordance with W.S. Must include full text of the measure, a ballot title and a popular name (A.C.A. Art. 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). 2, 3), Who creates petitions: Secretary of state (M.G.L.A. 2, 1), Ballot title and summary: Attorney general (RCWA 29A.72.050), Time period restrictions before placed on the ballot: No additional statute. Art. In Nevada, a constitutional amendment needs only a majority but must be approved in two consecutive elections (N.R.S. 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. 4. increase the participation of African Americans in the Federal Government. XLVII, Pt. Some states also include signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional. The secretary of state is directed to prescribe a form for this process (MCA 13-27-301(3)). Proponent financial disclosure requirements: In order to receive contributions or make expenditures in excess of $1,500 in a calendar year, must form a committee for political action and register with the secretary of state (NRS 294A.230). Proponent financial disclosure requirements: 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 (MCL 169.224). Number of signatures required: 5% of total votes cast for all candidates for governor in the last general election (Const. Proponent financial disclosure requirements: Include but may not be limited to being considered political action committees, following regulations for political advertising, and the filing of contribution and expenditure reports (W.S.1977 22-1-102; 22-24-201; 22-24-306). 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). Four states require measures to pass with a majority of voters, but the measures must also have been voted upon by a certain percentage of the total number of voters who voted in that election. II, 1g; O.R.C. 7-9-601; A.C.A. "Direct Democracy" in California. Amend. A filing fee of $500 accompanies the application (W.S.1977 22-24-302; 22-24-303). Collected in-person: Yes (U.C.A. The ordinance is suspended from becoming effective pending the outcome of the election. 19, 3; N.R.S. Art. 106.19, 100.371, 120.54), Who creates petitions: Approved by secretary of state (F.S.A. Application process information: Not specified. 3, 50 and V.A.M.S. Proponent organization and requirements: Application includes sponsors name, or if an organization, the names and titles of its officers, and an address (ARS 19-111). The measure can be amended by a three-fourths vote in a joint session. Michigans constitution explicitly grants the legislature the power to amend laws approved by the people by referendum at any time (Const. Payment on a per-signature basis prohibited; bonuses based on reliability, longevity and productivity are permitted. Art. 116.110). Recall, the device by which voters may remove public officials from office, also originates with the people. 168.472a). 106.191). 48, Init., Pt. The same title drafted by the title board in the pre-qualification is used on the ballot. Circulator requirements: Must be at least 18 and an Ohio resident (O.R.C. 21 1). Recall, the device by which voters may remove public officials from office, also originates with the people. Must be a true and impartial statement of the purpose of the measure (MCL 168.482b and 168.22e). Subject restrictions: The power of referendum does not extend to acts making appropriations for state institutions or to meet deficiencies in state funds (Const. Withdrawal of petition: None, the withdrawal process specified in statute applies only to initiative petitions (CRS 1-40-134). 6, 1), Repeat measures: Two years (U.C.A. Where to file: Secretary of state (NMSA 1-17-8). Art. Number of signatures required: 5% of the whole number of votes cast for governor in the last election. Vote requirement for passage: Majority (Const. Petitions must be submitted to counties for verification four weeks before this deadline. 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). Which election is a measure on: Only regular state, congressional and municipal elections (Ark. 3, 52). MS Const. Britannica does not review the converted text. The ballot must include a clear and concise statement as to the effect of a yes or no vote. In the others, the measure goes directly to the ballot after it is submitted to the legislature. St. 32-1409). Where to file: Attorney general, then petition goes to secretary of state (Cal.Elec.Code 9001, 9004; Cal.Const. Code Ann. Another 10 states allow petition sponsors to draft the title and/or summary, in some cases with approval by a state official. Question 3. Petition title and summary creation: Attorney general (Cal.Const. Signatures must be submitted by 5 p.m. on the 90th day after final adjournment of the legislature (34 OS 8). Art. A statement of organization is required (Govt. Art. Illinois: For accuracy and fairness, the attorney general may rewrite arguments for or against prepared by legislature. The Law of direct democracy Book 2014 WorldCat. Repeal or change restrictions: Legislature may propose alternative measure or initiate the standard process for amending the constitution (MS Const. Ballot measure committees must file pre-primary, pre-general, year-end and, if applicable, supplemental reports in even-numbered years. Rev. Art. Const. 12, 2). 19, 2; N.R.S. Application process information: Any legal voter of the state may file with the secretary of state a legible copy of the part of such act on which a referendum is desired, an affidavit that the sponsor is a registered voter and a filing fee in an amount to be established by the secretary of state (RCW 29A.72.010). Art. Art. 3, 52(g) and Wyo. Code 84101). 2, 3; Amend. Circulator oaths or affidavit required: Yes (NRS 32-630 and -1404). (21-A M.R.S.A. 1. Art. Art. Vote requirement for passage: Majority (SDCL 2-1-12). Code Ann. Legislature or other government official review: Legislature reviews the measure as submitted to it by the proponents. 1953 20A-7-205). Any time before the final submission of signatures, the delegated proponents may write to the secretary of state to withdraw. Const. Twenty-three states have a popular referendum process. Political committees must file reports of contributions and expenditures. Art. 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). Proponent financial disclosure requirements: Include but may not be limited to each political committee filing with the secretary of state a statement of organization no later than 10 days after receiving at least $200 in contributions or spending at least $200, and any political committee or individual spending at least $200 must file monthly financial reports with the secretary of state (Miss. Number of signatures required: 5% of total votes cast for governor at last election (OK Const. Stat. referendum: [noun] the principle or practice of submitting to popular vote a measure passed on or proposed by a legislative body or by popular initiative. Art. 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). Code 23-17-3), Which election is a measure on: Statewide general election (MS Const. Art. 3, 18), Collected in-person: Yes (M.R.S.A. Geographic distribution: In each of two-thirds of the congressional districts, and each petition page must only contain signatures from a singular county (V.A.M.S. Any person who pays or receives compensation to circulate a referendum petition must file a statement to that effect with the secretary of state before circulation begins. Who can sign the petition: Electors (Const. Geographic distribution: For indirect statutory initiatives, signatures must be collected from at least 44 of 88 counties, equaling 1.5 % of the votes cast for governor in each county in previous election. III, 5(1)). Art. Either way, the measure is put before the people (MS Const. Art. Collected in-person: Yes, In-person (21-A MRS 902). Where to file with: Secretary of state (RCWA Const. 116.060). 8). Referendum is a decision for the general assembly to put a bill on the ballot. Code 82013). 7-9-111). General review of petition: None other found. For statutory initiatives, 8 % of legal voters who cast ballots for governor in last election. 7-9-105). Fifteen% of total ballots cast in previous general election. Nebraska Const. Allowed to pay another for their signature: Giving or receiving money or anything of value for signing a petition or a statement of signature withdrawal is a class 1 misdemeanor (ARS 19-113(D) and -114.01). Art. The secretary of state, in consultation with the attorney general, prepares a condensation, explanations for and against, and concise summaries of the bill's impact on existing related laws (NRS 293.250). Florida. II, 1g; Art. Art. 34-1813). Not more than 5% of qualified electors, based on total number of votes cast for governor at last preceding gubernatorial elections. Proponent organization and requirements: Must sign affidavit and must refile after recommendations (RCWA 29A.72.010; 43.07.120; 29A.72.020; 29A.72.040). Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures. Proponent organization and requirements: Original filing includes the names and street addresses of every person, corporation or association sponsoring the petition (NRS 32-1405).