Collectors must file 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 inititative packetor the April15 immediately before the next regular general election immediately after the application is filed. V, 2). Constitution 48, Init., Pt. General review of petition: Reviews done by attorney general and legislative services division (MCA 13-27-202). For indirect statutory initiatives, 3% of votes cast for governor in last election to submit to the legislator. a. single-issue advocacy groups. Const. Verification: Not specified: "The Secretary of State shall determine the validity of the petition and issue a written decision stating the reasons for the decision within 30 days from the date of filing of a written petition." Fifteen% of total ballots cast in previous general election. Geographic distribution: 6% of the qualified electors at the time of the last general election in at least 18 legislative districts (IC 34-1805). Petitions always include a title and/or summary of the proposed measure, although who writes this information varies. CONST. 295.056). Number of signatures required: For statutes, 5 % of the total qualified electors of the state, determined by the number of votes cast for governor in the preceding general election. The term soft money refers to Application process information: Must file complete measure with the Legislative Research Council. II, 1g; O.R.C. 4, Pt. In calendar quarters with an election, additional reports are due 10 days before the election and 15 days after the election (ARS 16-926 and -927). Anotherform of referendum or referral, the advisory referendum, is rarely used. Submission deadline for signatures: 90 days after the final adjournment of the session in which it was passed, except when a recess or adjournment shall be taken temporarily for a longer period than 90 days, in which case such petition shall be filed not later than 90 days after such recess or temporary adjournment (Const. Art. Paid per signature: May be paid (Ark. 34-1807), Circulator oaths or affidavits: Yes (I.C. 3, 5). 3519.01 and 3519.05(C). b. Collected in-person: Yes (U.C.A. 3, 18, 20). Voter fatigue describes a possible cause of voter apathy, which are elections that are held too frequently. Cannot require an expenditure of money unless a sufficient tax is provided. Code 9031). Conflicting measures: The measure receiving the greatest number of affirmative votes becomes law (Ark. Art. 1953 20A-7-207; 20A-7-209; 20A-6-107. Attorney general drafts ballot titles and certifies statements. Const. 23-17-47; 23-17-49; 23-17-51; 23-17-53). Ballot title and summary: Ohio ballot board. V, 1), Collected in-person: Yes (A.C.A. Circulator requirements: Resident of South Dakota who is at least 18 years old (SDCL 12-1-3). 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. Repeal or change restrictions: Governor may not veto. Collected in-person: Each person must sign "in his own proper handwriting" (NMSA 1-17-1). III, 4), Timeline for taking effect: Ten days (Ne.Rev.St. XVI, 2). Must include official language from attorney general, the measures full text, and the legislative district from which the signatures were collected (I.C. Art. What is required for a referendum to succeed? Art. Art. c. political parties II, 1c and 1g; ORC 3519.16(F). 48, Init., Pt. The secretary of state then refers both to the attorney general, who determines the legal sufficiency of the issue, approves the petitioner's ballot statements and determines whether a fiscal note is necessary. NCSLs Statewide Ballot Measures Database includes all statewide ballot measures in the 50 states and the District of Columbia, starting over a century ago. For direct constitutional amendments, a timeline beginning on Sept. 1 before the general election it is to be voted upon and ends on the third Tuesday of June of an even-numbered year. 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). If more than 105% are deemed valid, the petition is deemed valid. 353), What is on each petition: Fiscal impact statement, summary by secretary of state, name of circulator and statement on right of signer to read summary and fiscal statement before signing, and instructions from secretary of state (21-A MRSA 901, 903). 1-40-105). Const. Art. Art. 5, 1). Art. Allowed to pay another for their signature: Prohibited (IC 34-1821). Art. The voters name does not appear on the electoral roll for the given precinct (polling place), because the voter is not registered to vote or is registered to vote elsewhere. 1, Part 2). These include filing reports and designating organization officers. IV, 1(10). Art. Also requires full disclosure of campaign staffers. IV, 1(3)). III, 4). Cannot relate to: religion, the judiciary, specific appropriations, local or special legislation, the 18th Amendment of the constitution, anything inconsistent with the Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts (M.G.L.A. 3, 23). Proponent financial disclosure requirements: Political committees must file a statement of organization (NMSA 1-19-26.1). 116.332, Const. 8). Art. The secretary of state is prohibited by law from accepting for filing any 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. Voters were asked whether to give the Federal Government the power to make special laws for Indigenous Australians in states, and whether in population counts for constitutional purposes to include all Indigenous Australians. Cure period for insufficient signatures: If signatures are determined to be insufficient, an additional 10 days is allowed to gather additional signatures (Const. For statutory initiatives, 8 % of legal voters who cast ballots for governor in last election. VI, Subpt. III, 4; Neb. 3, 8). You have to be enrolled in order to vote in a referendum. Timeline for taking effect: Goes into effect once the supreme court finishes canvassing the votes (N.R.S. Withdrawal of petition: None, other than the limit of circulation is one year after the petition is approved by the secretary of state (NDCC, 16.1-01-09). 295.0575), North Dakota (NDCC Const. Types allowed: Initiative for constitutional amendments only, Single subject rule: Yes (F.S.A. The popular referendum process allows voters to approve or repeal an act of the legislature. What is on each petition: Petition contains bill number, title of the act, signers statement and warning to signers and circulator verification (Utah Code 20A-7-303). Petitions are deemed invalid if signatures are gathered in violation (ORC 3501.381). Art. III, 3) and at least 18 years of age (NDCC 16.1-01-09(4)). Time period restrictions before placed on the ballot: Certified ballot title is due at least 65 days before the election. All 23 popular referendum states require political organizations that support or oppose a ballot measure, often considered political action committees, to follow state campaign finance laws. Vote requirement for passage: Majority (Const. Art. 8; 9). Code Ann. Art. 4, Pt. If you voted for a Republican for president and a Democrat for senator, you engaged in Art. 5, 3; 34 Okl.St.Ann. d. the National League of Women Voters, 23. N.R.S. Which election is a measure on: General election, but governor and legislature may call special elections (U.C.A. 5, 2; Constitution 48, Init., Pt. Arizona (for constitutional amendments, not statutes) (A.R.S. Proponent organization and requirements: A committee of three applicants must be designated to represent the sponsors in all matters pertaining to the petition. 19, 3 and NRS 295.0575). c. energy producers Collected in-person: Yes (MCL 168.482a(5)).. Withdrawal process of individual signature: Not specified. Time period restrictions before placed on the ballot: Signatures submitted to appropriate state officials at least 10 days before submitted to secretary of state, which is the 50th day of the first regular session or the 25th day of the second regular session (21-A M.R.S.A. 168.544c). a. the president. 49-1401). 5, 6; 34 Okl.St.Ann. Const. Timeline for taking effect: The first day of July after the completion of the official canvass (SDCL 2-1-12). Ballot title and summary: The same title drafted by the title board in the pre-qualification stage is used on the ballot (CRS 1-40-106); there is not a summary on the ballot (CRS 1-40-115). 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). Secretary of state and approved by attorney general. It fails to qualify if under 90% and qualifies if at least 100%. 19, 2; American Civil Liberties Union of Nevada v. Loma (2006); N.R.S. Timeline for taking effect: Becomes effective 30 days after the day it is approved by a majority of votes (Const. III, 8). Art. foreign dignitaries, the form of publicity they receive is called Repeal or change restrictions: A measure approved by the electors may not be repealed or amended by the legislative assembly for seven years from its effective date, except by a two-thirds vote of the members elected to each house (NDCC Const. . Const. It made gerrymandering illegal. Signatures must be submitted by 5 p.m. on the 90th day after final adjournment of the legislature (34 OS 8). 48, Init., Pt. Full and correct copy of title and text must be printed on petitions (NRS 32-1403). 1953, Const. Art. Statutes for petition contents for each state: Every state includes requirements for circulators operating in the state. Thesaurus: All synonyms and antonyms for referendum, Nglish: Translation of referendum for Spanish Speakers, Britannica English: Translation of referendum for Arabic Speakers, Britannica.com: Encyclopedia article about referendum. Proponents may suggest title (OH Const. 21-A M.R.S.A. c. proportional representation Ballot issue committees must file reports of contributions and expenditures on or before the fourth and second Friday immediately preceding a general election and on or before the second Tuesday after a general election. It is referred to the attorney general for approval (Mo.Rev.Stat. Stat. 48, Init., Pt. Legislative referenda may appear on the ballot in all 50 states. Art. 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. Most European nations employ what system of elections? Art. Art. d. Political machine bosses controlled the entire nominating process. 19, 3; N.R.S. There must also be a five-person committee of those who favor rejection, comprised of individuals appointed by the governor, attorney general, president of the senate and speaker of the housethe fifth member is appointed by the four previous members. VI, Subpt. Additional reports are due on the third Wednesday in January of each year the committee continues in existence. Art. General review of petition: The secretary of state reviews and if the office deems it insufficient, the committee of petitioners has 20 days to correct it (NDCC Const. What is on each petition: Petitions substantially follow the form found in U.C.A. 3519.01; 3519.02; 3513.10). XLVII, Pt. Art. The committees select a chair and may prepare arguments and rebuttals, which will be reviewed by the secretary of state for the ballot. Eight % for amendments (Cal.Const. Const. 5, 1; C.R.S.A. 901), Where to file with: Secretary of state (M.R.S.A. II, 1b; O.R.C. IV, 1). Proponents then file the measure with the secretary of state (I.C. 3501.38). 295.009; 294A.150; 294A.220). Submission deadline of signatures: Must be 120 days before the election it is to be voted upon (NDCC Const. Withdrawal process of individual signature: May not remove after official submission of petitions (O.R.S. What is a referendum? In 2021, Idaho passed SB 1110, which would have required signatures from 6% of the qualified electors at the time of the last general election in all 35 legislative districts, but in August 2021, the Idaho Supreme Court blocked implementation of that law. MT CONST Art. Circulator oaths or affidavits: Yes (NDCC Const. Petition title and summary creation: Secretary of state, official committee that filed and approved by attorney general (O.R.C. Const. Const. IV, 1). Committee must create a "top funders sheet" that is included as part of the petition (Elec. In the U.S., the terms initiative and referendum refer to processes that allow citizens of states to vote on particular pieces of legislation.. Washington: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. 19-111), Where to file with: Secretary of states office (A.R.S. Art. III, 5(1)). Art. 2, 10), Majority to pass: Yes (Cal.Const. 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. b. decrease the number of political parties. Both institutions have since been used freely in federal and cantonal matters. 19, 3; N.R.S. In 2021, Idaho passed, Collected in-person: Yes (I.C. Number of signatures required: 6% of the qualified electors at the time of the last general election (IC 34-1805). 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. II, 1c). II, 9). Which election: Next regular general election (Const. Application process information: No fees or application, Where to file with: Secretary of state (M.C.L.A. III, 2). Submission deadline of signatures: Filed four months before election, and have been published in newspaper at least 30 days prior (Ark. Where to file: Secretary of state (21-A MRS 901). Art. Initiative is when citizens get signatures and make the decision to put it on the ballot to be voted on. 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. What is on each petition: Full text of the measure, follow prescribed form, signatures, warning, fiscal impact and a simple statement of the gist of the proposition (OK Const. In the indirect process, the proposal is submitted to the legislature. IV, 1). 168.32). Next state election, and depending on type, must be submitted by September, then December, and then possibly July (see deadlines and timelines topic). 21 allow for initiated state statutes. c. funny money. Art. 4), Michigan (M.C.L.A. Art. In each of two-thirds of the congressional districts, and each petition page must only contain signatures from a singular county. b. free media. Code 84202.3). 250.048; OR CONST Art. 7-9-111). Law 6-204). The parties take a list of issues and concerns and frames the election around the platform. 35. a. A person may not be a circulator who has had a penalty for violation of title 16 (election laws) or title 19 (initiative and referendum laws) in the past five years, has been convicted of treason or a felony and has not been restored to civil rights, or has been convicted of any offense related to fraud, forgery or identity theft (ARS 16-114(D). Art. Number of signatures required: 10% of those who voted in the preceding general election (AS 15.45.370(2)(A)). 6% of the qualified electors at the time of the last general election in at least 18 legislative districts. art. Legislature or other government official review: 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. 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. For indirect statutory initiatives, it is roughly 11 months and two weeks. Oregon: The Citizens' Initiative Review Commission reviews measures and may create a citizen panel to review specific items. III, 3). LXXXI, 4). 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). 48, Pt. 54 53. They must also designate a committee of five to represent the proponents (O.R.C. Art. Criminal background check done for paid circulators with additional restrictions. 15, 273; Miss. Petition title and summary creation: Attorney general (RCW 29A.72.060). II, 1g). 2, 9; Const. Does the law in question take effect before the referendum vote: The submission of a petition suspends the operation of any act except emergency measures and appropriation measures for the support and maintenance of state departments and institutions (Const. Art. For statutes, 5% of total qualified electors of the state, determined by the number of votes cast for governor in the preceding general election. 250.045). Legislature or other government official review: No additional review. V, 1(3)). Validity determined by the board of elections. Art. Const. For indirect statutory initiatives, the timeline begins on Jan. 1 of the year preceding year in which a regular session of the legislature is held and then filed by the second Tuesday of November in an even-numbered year, or the next day. 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. Art II, 9). To place a popular referendum on the ballot, sponsors must gather signatures on petitions. 48, Init., Pt. Art. 19, 2), Repeal or change restrictions: No amendment or repeal by the legislature within three years of enactment (N.R.S. 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. 116.100). Through these processes, voters can adopt a change in law (an initiative), disapprove a law passed by the Legislature (a referendum), or remove an elected official from office (a recall). General guidance as to format and contents can be found at NRS 32-1402. Who creates petitions: Created by the petition sponsors and must be approved by the secretary of state prior to circulation (SDCL 2-1-3.1). 3, 1). Art. St. 32-1407). Proponents are required to ensure that all circulators receive instruction on the requirements and prohibitions imposed by state law with respect to signature gathering (Elec. Other subject restrictions: Must contain only subjects that are related or mutually dependent. Paid per signature: Yes, "No law shall be passed to prohibit any person or persons from giving or receiving compensation for circulating petitions." Stat. 48, Init., Pt. 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 the previous election. b. plurality An amendment requires at least one-fourth of members to support to get onto the ballot. Political committees must file a statement of organization. 3, 18). II, 1(c)). All states require proponents of a popular referendum to follow guidelines. Art. Subject restrictions: Acts that become effective earlier than 90 days after the end of the session are exempt from the referendum (Const. NDCC 16.1-01-12(1)(j), 16.1-08.1-02, 16.1-08-03. Proponent organization and requirements: There may be a legally or generally recognized sponsor of the proposed amendment or question (M.C.L.A. VI, 1 and Utah Code 20A-7-102, Laws passed by a two-thirds vote of the members of each house, Const. 1(9) and A.R.S. 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 (RCW 42.17A.260). 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. Geographic distribution: Original geographical requirement found unconstitutional. 19, 2). If a second sampling is needed, an estimated duplication rate will be calculated. 15, 273 and Miss. Petition title and summary creation: Secretary of state and approved by attorney general (NDCC, 16.1-01-07). 116.332). Legislatures are often required to refer certain measures to the ballot for voter approval. The popular referendumallows voters to approve or repeal an act of the Legislature. If you desire to vote against the retention of the act, mark X in the square opposite the words 'FOR REJECTION OF THE ACT. Stat. Allowed to pay another for their signature: Prohibited (Const. Additional statements for ballot measure committees are due April 30 and October 31. Amount is specified by secretary of state by rule. Same must also be reported quarterly on April 15, July 15, Oct. 15 and Jan.15. Const. Const. Proponent financial disclosure requirements: Prior to receiving a contribution or making an expenditure, a campaign must designate a treasurer by filing with the secretary of state (ORC 3517.10(D)). 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. 3, 52(b) and Wyo. Provisional ballots are ballots cast by voters who: Believe they are registered to vote even though their . What is on each petition: Form is approved by secretary of state and attorney general and following rules established by secretary of state. 19, 2). 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). Art. 4, Pt. The petitions must be signed by registered voters in an amount equal to 5% of the votes cast for all candidates for Governor at the last gubernatorial election, which was held on November 8, 2022. General election, and must file by the May before the election the measure is to be voted on. It is the congressional election held between presidential elections. Stat. Art. Circulator oaths or affidavit required: Yes (IC 34-1807). 48, Init., Pt. 3519.22. 3503.06). 3, 3; NDCC, 16.1-01-09), Ohio (Const, Art. 1-40-102, 1-40-105, 1-40-106, Florida: F.S.A. 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. 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). States vary a great deal in how they verify collected signatures. Who creates petitions: Secretary of state (ORC 3519.05(C)). 5, 7). For constitutional amendments, 10 % of votes cast for governor in last election (Ne.Rev.St. Art. Where to file: Secretary of state (NRS 32-1405). Art. There are exceptions, such as in Mississippi, where someone can withdraw a signature if it was signed as a result of fraud, coercion, or being intentional mislead as to the substance or effect of the petition (Miss. 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. Conflicting measures: The measure with highest number of affirmative votes prevails (M.C.L.A. 169.234; 169.247). Art. Const. III, 3). Art. Art. States also decide which election a ballot measure will be voted on and any time restrictions before a measure is placed on a ballot. Art. Oklahoma: Secretary of state reviews and processes the petition, along with the attorney general and the supreme court. Attorney general certifies submitted title and measure and summary by secretary of state, with attorney general oversight. b. at least 40 percent of all votes cast Ballot title and summary: Attorney general. ; The referendum process allows citizens to refer a law that passed the legislature to the ballot for voters to decide whether to uphold or repeal the law. Repeat measures: More than two elections on the same general matter cannot be held within 12 months (NDCC, 16.1-01-11). Other subject restrictions: No amendment may change more than one section, no appropriations, and no local or special laws (MT CONST Art. d. the C-SPAN dance. When a citizen turns eighteen, the state automatically registers most of them using drivers license and state ID information. Art. 3, 50; Art. This deadline pertains to when counties must submit petitions with verified signatures to the secretary of state. An act that was suspended by a petition and is approved by the people is effective the date the result of the canvass is filed by the secretary of state (MCA 13-27-105(3)). Timeline for taking effect: First Tuesday after the first Monday in January following the election unless otherwise specified (F.S.A. Other subject restrictions: Limited to matters that can be enacted by legislation, and no measures that interfere with the legislatures ability to direct taxation of necessary revenues (Nebraska Const. Normal constitutional amendment requirements are needed to overturn an amendment (M.G.L.A. Massachusetts, Ohio and Utah use this sort of process. 22-24-412, Within 90 days after the adjournment of the legislative session at which it was passed. Steps for an Initiative to become Law Write the text of the proposed law (initiative draft). Withdrawal process of individual signature: A signature may be removed by the signer upon written application to the election authority with which the petition will be filed if the application is received by the election authority prior to the filing of that signature, or prior to the filing of that signature by the circulator who attested to that signature or by the sponsor of the petition, if it is concluded that the signature does not satisfy the requirements of this title (Elec. A referendum is a process for constitutional change in which proposal is voted on by the public. Art. III, 5 and 6; NDCC 16.1-01-09(7). Read More, In case of sale of your personal information, you may opt out by using the link Do Not Sell My Personal Information. 3, 17(2)). 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). b. are essentially free of charge, because the media needs to fill the "spot." Const. Must also file with the secretary of state not less than four months before the election at which initiatives are to be voted on. Art. A legislature committee also reviews the measure by a deadline (N.R.S. 116.153; 116.025). Code 13-208 for statement of organization. Art. Other subject restrictions: Amendments that propose a tax or fee not in place in November 1994 require a two-thirds vote to pass (F.S.A.