Withdrawal process of individual signature: Voter may withdraw signature by submitting to the secretary of state, before the petition is filed with the secretary of state, a sworn statement requesting that his or her signature be withdrawn and affirming the name of the petition signed, the name the voter used when signing the petition, the address of the voter and the county of residence (Mo.Rev.Stat. Art. III, 2). . They also randomly select signatures on each page and compare them to the electors' signatures in the registration records. Const. Stat. Records must be kept of contributions and expenditures. 53 7). Art. 9 23), Application process information: File application with secretary of state, including organization name and officers and other information, summary and text of proposed law, and must also file a statement of its organization (A.R.S. 3519.22). 295.0575), Allowed to pay another for their signature: Prohibited (N.R.S. Repeat measures: Cannot be same as a measure at either of the two preceding biennial state elections (M.G.L.A. Art. Art. States may apply a single-subject rule or other restrictions. Two official representatives of the proponents must attend all petition review meetings. 3519.08).
CHAP. 13 Sample Exam Flashcards | Quizlet Secretary of state will choose one argument for and one against to print in the voter pamphlet, which is mailed to every household in the state (I.C. A legislature committee also reviews the measure by a deadline (N.R.S. 3, 19). 1(6B)). Art. Art. 5, 1). Initiative is a legislative proposal that originates with the people. . XI, 3 and AS 15.45.320(5)). Number of signatures required: Ten % of votes cast for all candidates for governor in previous election for statutes. Legislature may amend with three-fourths vote but only to further the purpose of the measure (A.R.S. Art. Proponents must file reports of payments made to signature gatherers (IC 67-6612). Political committees must file reports of contributions and expenditures. Const. 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. 19, 3; N.R.S. Proponents must file reports of payments made to signature gatherers. Ballot title and summary: Lieutenant governor drafts a title which is limited to 25 words and must indicate the general subject area of the act and a "proposition" of not more than 50 words for each section that gives a true and impartial summary of the act being referred (Const. Paid per signature: May be paid (Ark. Art. Art. Ten % for amendments (Ark. Art. 5, 1). 7-9-114. Withdrawal process of individual signature: By crossing out his or her own signature at any time prior to the time when the petition is presented to the county clerk for signature verification, or at any time after presentation of the petition to the county clerk but prior to verification of the signature, by presenting in writing or submitting electronically to the county clerk a signed statement that the signer desires to have his name removed from the petition. Art. 14, 9). Art. (Note: This provision was found unconstitutional by a superior court judge, affirmed by the state supreme court in August 2020.) Art. We hope you and your family enjoy the NEW Britannica Kids. 48, Pt. LXXXI, 4). II, 1(d)). 2, 9; Const.
GC: Chapter 2 Quiz Questions Flashcards | Quizlet II, 1(d) and RCW 29A.72.030 and .160. If a second sampling is needed, an estimated duplication rate will be calculated. 3, 52(f)). Both the initiative and the referendum originated in Switzerland in the first half of the 19th century. Circulator oaths or affidavits: No statute, Paid per signature: May be paid (F.S.A. Statewide general election, and 90 days before the first day of the legislative session and the first five measures make it on the ballot. Petitions must be filed within 90 days after the legislative session at which the law was passed adjourns either sine die or for more than 90 days. Application process information: Ten voters must sign and submit the petition to the attorney general by the first Wednesday of the August before the assembling of the general court into which it is to be introduced (M.G.L.A. Proponents submit descriptive ballot title reviewed by attorney general. 1-40-134). 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. A.R.S. Proponent organization and requirements: Original filing must include the names, addresses and signatures of at least 25 electors as sponsors (Const. Petitions are deemed invalid if signatures are gathered in violation (ORC 3501.381). 24). Submission deadline of signatures: Must address written petition to the legislature and signatures must be filed with the secretary of state by the 50th day of the first regular session or by the 25th day of the second regular session. St. 32-1409). Petitions must be filed not more than 60 days after the final adjournment of the legislative session which passed the bill on which the referendum is demanded. 11 3). Const. Art. Amend. 116.025). 3, 50; V.A.M.S. IV, pt. Which election is a measure on: Only regular state, congressional and municipal elections (Ark. 2, 3, Michigan: M.C.L.A. Number of signatures required: 5% of total votes cast for all candidates for governor in the last general election (Const. Majority to pass: Yes (V.A.M.S. Unclear; the statute describing the titling process by the attorney general specifically mentions initiative measures and constitutional initiatives but does not mention popular referenda. Application process information: Copy of petition must be filed not earlier than Aug. 1 of the year before the year in which the election will be held (Const. Paid per signature: No ban, but must mark this and identify their employer on the affidavit (V.A.M.S. 1-40-111). Political committees must file a statement of organization. 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). Withdrawal process of individual signature: Secretary of state verifies the signatures for total number and from two-thirds of the counties (W.S.1977 22-24-316). Application process information: No fee or application prior to circulating. 19-121.01). Const. Art. 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. Art. 5, 1), Ballot title and summary: Title board (C.R.S.A. 250.036; OR CONST Art. For amendments, 10% of total votes cast for governor. V, 1(3)). II, 9(b) and Elec. No. Pre-election statements must be filed 40 and 12 days before the election (Govt. The popular referendum allows voters to approve or repeal an act of the Legislature. 116.030). 3, 52(b) and Wyo. 23-17-43. Sample petition prepared by secretary of state must include the text of the measure, a statement of purpose and implication, and yes-no statements, as prepared by the petitioner (MCA 13-27-202 and -205). Proponents then file the measure with the secretary of state (I.C. Repeal or change restrictions: Laws approved by the people under the referendum provision of this section may be amended by the legislature at any subsequent session thereof (Const. Such statement shall in clear and concise language explain the effect of a vote for and against the measure in such language that the statement will not be intentionally an argument or likely to create prejudice, either for or against the measure (NRS 32-1410(2)). Circulator requirements: Must be qualified to register to vote pursuant to 16-101. 2, 3), Fiscal review: A statement of 100 words or less by secretary of administration and finance regarding fiscal consequences of the measure (M.G.L.A. Rev. 1953, Const. 2, 4, Pt. Const. Art. Law 6-103). Art. If there are insufficient state funds and the measure does not provide a source, it is effective 45 days after next regular legislative session. Art. Which election is a measure on: Biennial regular general election (C.R.S.A. 250.045; 260.035; 260.054, South Dakota: SDCL 12-27-22; SDCL 12-27-3, Utah: U.C.A. Timeline for collecting signatures: Petitions are valid for one year (MS Const. Vote requirement for passage: Majority (MCA 13-27-504). Submission deadline for signatures: Petition must be filed with county officials not later than 15 days following the primary election (NRS 295.056). Paid per signature: Banned (U.C.A. 7-9-104), California (Cal.Elec.Code 9001, 9004; Cal.Const. 5, 1; M.G.L.A. Legislature or other government official review: The secretary of state consults with the legislative counsel for any technical suggestions, which will be posted to the secretary's website (N.R.S. 16.061). Seventeen states have a statute in place noting that if two or more conflicting measures are on the same ballot, the measure receiving the most votes passes. If the legislature rejects the measure, the legislature may propose an alternative measure (with the approval of the governor), and it will appear on the ballot along with the original initiative. What is on each petition: Petitions substantially follow the form found in U.C.A. Circulator requirements: At least 18 years old (Elec. 1, Part 2). 2, Sec. 3519.16. Paid per signature: Cannot be paid based on the number of signatures collected, but can be paid in general (NDCC 16.1-01-12(1)(j)). 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. 15, 273). Most state statutes include some type of sampling, such as in the cases of Arizona (A.R.S. General election, and signatures must be verified no later than Feb. 1 of the year of the general election. Const. Art. Art. Statewide election or a special election called by the governor, Next regular or general election that occurs 125 days after filing, Const. 5, 1. 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. 2, 9). IV, 1(3)). Like the initiative and referendum, recall originated in Switzerland, where it was made applicable to the entire legislature as well as to individual officials. Application process information: Proponents must submit a statement of the object of the measure and its full text to the secretary of state, along with a sworn list of their addresses and names (Neb. 48, Init., Pt. 353, 354). An emergency law shall remain in force notwithstanding such petition but shall stand repealed 30 days after having been rejected by a majority of the qualified electors voting thereon (Const. Washington requires 60 percent approval for laws authorizing gambling or lotteries (Washington Const. Public review or notice: At least seven public hearings are held on the propositions before circulation in designated regions. Repeal or change restrictions: No veto and only a majority of voters to overturn amendments, not 55 % (C.R.S.A. M.G.L.A. Number of signatures required: 6% of the total votes cast for the office of governor in the last election (OH Const. 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. Timeline for taking effect: Thirty days after the election (Const. . 23 States have a popular referendum process. 72.130). Fiscal review: Office of Fiscal and Program Review prepares (1 M.R.S.A. No more than one-quarter of signatures may come from a single county, 5% in each of two-thirds of the congressional districts, 5% of the vote cast for governor at the preceding election from at least one-third of legislative districts, Neb. 3, 18, 20). II, 1(d) and RCW 29A.72.030 and .160). For indirect statutory initiatives, after turning in original 3 percent of signatures, proponents must return next batch of signatures (another 3 percent) within 90 days of the legislature not enacting or amending a measure. 7-9-404; 405; 406; 407; 408; 409, California: Cal.Gov.Code 82013, 84200, 84202.3, 85309, 84511, 84101, Cal.Elec.Code 18680; Form 460, Colorado: C.R.S.A. Withdrawal process of individual signature: By giving written notice to the lieutenant governor before the date the petition is filed (AS 15.45.350). 34-1809). Art. Petition title and summary creation: Attorney general (ORS 250.065(4)). Timeline for collecting signatures: Eighten months. Submission deadline of signatures: At least 131 days prior to the next general election the measure is to be voted on (Cal.Elec.Code 9016; Cal.Const. Simply copying another student's . NDCC Const. 5, 1), Other subject restrictions: No other statutes. d. a start-up e. an employer f. a consumer In suburbia p. 193 The giant of Africa p. 192 1. a. is making b. Amend. 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. 34-1812c, Maine: 21-A M.R.S.A. Art. 5, 1), Repeal or change restrictions: No veto by governor, and two-thirds vote by legislature may amend or repeal (Ark. California. 19, 3; N.R.S. Initiative, referendum, and recall are three means by which the people may bring their will to bear directly on the legislative process and the machinery of government. N.R.S. Most states require proponents of a proposed law to follow guidelines. 2). Art. Must be submitted to the local registrars two weeks before submission to secretary of state (M.G.L.A. A criminal records check is conducted (ORS 250.048). 21 1; CV160314-SA), Montana (MT CONST Art. Once an initiative is on the ballot, An example of an advisory referendum is Question 5, Gathering Information: Monitoring Your Progress. Ballot measure committees must file pre-primary, pre-general, year-end and, if applicable, supplemental reports in even-numbered years. Verification: Verification method not specified, but "In considering the sufficiency of a referendum petition the burden of proving that all signatures appearing on the page are genuine and that the signers are qualified electors of the county named on the page and are in all respects entitled to sign the petition shall be upon the sponsors of the petition, if it is apparent beyond a reasonable doubt to the secretary of state that twenty percent or more of the signatures on any one page thereof are fictitious, forged or otherwise clouded, or that the challenged petitioners were ineligible to sign the petition, which fact was known or could have been ascertained by the exercise of reasonable diligence on the part of the person soliciting the signatures on that page" (NMSA 1-17-11). For amendments, unless specified otherwise, July 1 following approval (MCA 13-27-105; MT CONST Art. 1953 20A-7-211). Fiscal review: The financial estimate committee will estimate costs and consult with the legislative revenue officer (O.R.S. These states require that in addition to receiving a majority of the votes cast on the measure, those votes must be equal to or more than a specified percentage of the total votes cast in the election. IV, 1(4)). Submission deadline for signatures: Not more than 90 days after the law which is the subject of the petition has become law (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. In three states (Massachusetts, Ohio and Utah), proponents must gather additional signatures to place the measure on the ballot; in the others, it automatically goes to the ballot. Art. Code 107). No county recorder or justice of the peace may circulate, and no circulator banned pursuant to 19-119.01 ((A.R.S. 7-9-111. 3, Sec. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments, and popular referendum. Arizona: Proponents may submit proposed bill to the director of the legislative council for review. A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter 37. Allowed to pay another for their signature: Prohibited (A.C.A. Submission deadline for signatures: Not more than 60 days after the final adjournment of the session of the state legislature which passed on the bill on which the referendum is demanded (IC 34-1803). V, 2). Cure period for insufficient signatures: If a petition is insufficient but has at least 75% of the required signatures in total and in each of at least 15 counties, secretary of state must permit at least 30 days to gather additional signatures (Const. 5, 2; Constitution 48, Init., Pt. Vote requirement for passage: Majority (Const. Art II, 9). An estimated fiscal impact statement must be printed with any constitutional amendment or initiated or referred measure on the ballot. Const. May include a fee (RCWA 29A.72.010; 43.07.120; 29A.72.020; 29A.72.040). Stat. Study with Quizlet and memorize flashcards containing terms like During the gold rush, white miners used nativism and racism to justify their violence against Native populations. *While the Colorado residency requirement for circulators was struck down in Independence Institute v. Gessler, the court upheld the requirement that a circulator present to the notary a specific type of identification. Const. Who creates petitions: Sponsors (CRS 1-40-105). Amend. Other subject restrictions: Cannot require an expenditure of money unless a sufficient tax is provided (N.R.S. 21). Art. Recall, referendum and initiative processes are electoral devices used by citizens when they want to take part in government activities. Art. The descriptive title, which is printed below the official title on the ballot, is written by the secretary of state with the approval of the attorney general. Does the law in question take effect before the referendum vote: Does not go into effect unless approved by voters (Const. Circulator requirements: Must be 18 years old and registered with the secretary of state. Circulator oaths or affidavits: Yes (Ark. 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. The Financial Impact Estimating Conference members of one person from the governors office, the coordinator of the Office of Economic and Demographic Research, one professional senate staffer and one professional house staffer (F.S.A. Must include the names, addresses and signatures of at least 25 electors as sponsors and the full text of the measure (Const. 1-45-103, 1-45-108.3, 1-45-111.5 1-45-117). 19, 3; N.R.S. This page provides state primary and presidential election dates for 2024 when legislative, congressional, gubernatorial, statewide office and presidential primary contests will be on the ballots in 46 states. If the total signatures meet 90-100% of the requirement, the county clerk(s) check all of the signatures until 100% is reached. Lieutenant governor with assistance from attorney general, Secretary of state, approved by attorney general, Ark. Code Ann. Art. Who can sign the petition: Legal voters of the state of Oklahoma (34 Okl.St.Ann. Types allowed: Direct initiative for statutes and constitutional amendments and popular referendum, Single subject rule: Yes (V.A.M.S. Must be 18 or older and a U.S. citizen (M.C.L.A. What is on each petition: Petition must include full and correct title and text of the law (Const. Art. 3, 6). Amend. Const. 106.08, 106.19). 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. Colorado and Nevada require a simple majority for statutory measures only. Art. L-04, 2011 WL 1130010 (July 5, 2011). Acts making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act. Art. Art II, 10 and Elec. Get started for free! Art. Petition for Initiative. Petitions may be signed at any time after an act is passed and must be submitted by June 1. What is on each petition: Petition format is addressed in Mo.Rev.Stat. See. 116.180; V.A.M.S. Stat. Timeline for taking effect: Thirty days after the election unless otherwise provided in the act. 22-25-106). Ballot measure committees have the following additional reporting requirements: initial disclosure report is due 15 days after the committee begins raising or spending money, with subsequent quarterly reports until the pre-election report is due. And no signature "collected prior to a November general election at which a governor is elected shall not be filed after the date of that November general election., MS Const. Vote requirement for passage: Majority, but no such law shall be held to be disapproved if the negative vote is less than thirty per cent of the total number of ballots cast at such state election (Const. 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. 353, 354). For constitutional amendments, 10 % of votes cast for governor in last election (Ne.Rev.St. 7-9-601; A.C.A. Then the legislature rejects or accepts the proposition unchanged (U.C.A. Amend. Stat. II, 1g; O.R.C. Petition title and summary creation: 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. 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. 19, 3; Nev. Rev. Art. Political committees must file reports of contributions and expenditures. Rejected. What is on each petition: Petition must include title of the act, and if only a portion of the act is sought to be referred, the number of the section or sections or portion of sections of the act designating such portion (Const. 3, 18, 20. For indirect statutory initiatives, 3 % of the votes cast for governor in the last election to submit to the legislator. Proponents of an initiative, referendum, or recall effort must apply for an official petition serial number from the Town Clerk.
Quick Facts Initiative & Referendum Institute 116.060). Considered a committee if individual raises or spends more than $5,000. 53 7). 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.