Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments and popular referendum. For collection, if the petitions were filed at least 165 days before the election and the signatures are deemed insufficient, they may collect more, and deadline of four months prior to the general election. Withdrawal of petition: May be withdrawn by any of the people authorized to do so at the time of filing; withdrawal is made via a form prescribed by the secretary of state (NRS 295.026). Code 82013). Const. 3519.21; 3519.01; 3519.03), What is on each petition: Full copy of the title and text of the law, room for signatures and information of signers, a signed circulator statement, circulators name and address, name of employer of circulator, summary, attorney generals certification, a notice, and names of at least three of the committee members sponsoring the initiative (OH Const. Art. 130.021). Revised statutes now require that signatures be equally collected among all the petition districts (congressional districts), and this was held to be constitutional (N.R.S. All three have in common the fact that, at some point or other, the people vote on them; and in most cases, the vote of the people is final. Who can sign the petition: Qualified electors (NDCC 16.1-01-09(2)). 250.048). 116.060). MCA 13-27-301; 13-27-202; MT CONST Art. 5 1). III, 1). III, 2). She collects 500 signatures so that the city council will vote on it.This is an example of? States include a range of requirements for petition contents including legal warnings, serial numbers provided by officials, notarization, date of the election the measure is to be voted upon, the measures full text, summary, the district or county where the signature was gathered, if the circulator is paid, fiscal statement abstract, affidavit of circulator, circulator information, rights of the potential signer, names of proponents or proponent organization, statement of the proponent organization and deadline for signatures. Proponent organization and requirements: The cover of an initiative or referendum petition shall designate the name and residence address of not more than three persons as chief petitioners (ORS 250.045(6)). Verification: Lieutenant governor verifies the total number of signatures and qualification of the signers, and that there are sufficient signers who are resident in three-fourths of the house districts (AS 15.45.160). 21 1; CV160314-SA), Montana (MT CONST Art. Art. Allowed to pay another for their signature: Prohibited (Utah Code 20A-7-312(3)). Const. 295.009). 15, 273; Miss. XVI, 4). Const. Art. Does the law in question take effect before the referendum vote: No. 3503.06). LXXXI, 4). 2, 24). 250.015; 250.052). 2, 8), Maine (M.R.S.A. Art. 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. The petition and affidavit are prescribed by the state board of elections and follow administrative rules (SDCL 2-1-1.1; 2-1-1.2; South Dakota Administrative Rules 5:02:08:07). Code 100). What is on each petition: Contains a summary of the subject matter, warning to signers and a statement as to paid circulators (Const. All 24 citizen initiative states require political organizations supporting or opposing a ballot measurealmost always considered political action committeesto follow state campaign finance laws. Timeline for collecting signatures: Signatures may be signed at any time after an act is passed (Const. Art. Monthly reports are due on the 10th for any preceding month in which total contributions received or total expenditures made exceed $200 (RCW 42.17A.235). Art. Const. Less than 95 % accurate fails the petition, greater than 110 % qualifies, and between requires a check of every signature (Cal.Elec.Code 9030, 9031, 9033; Cal.Admin.Code 20530, 20531, 20532, 2054). Art. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient (Const. Art. Code Ann. Circulator oaths or affidavits: Yes (O.R.C. Reports of contributions and expenditures are due on the 21st and seventh days immediately preceding an election and the 10th day of the first full month after an election. 19, 1 and NRS 293.12757). Petition title and summary creation: Secretary of state drafts a short and concise statement that fairly represents the proposal; approved by the attorney general (NDCC 16.1-01-09). Furthermore, statutes allowing or requiring paying per signature have been overturned by the courts. LXXXI, 4). 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. Verification: Random sampling (CRS 1-40-116). Subject restrictions: Cannot be used on urgency statutes, statutes calling elections or statutes providing for tax levies or appropriations for current expenses of the state (Const. A list of the initiative, referendum, and recall . It fails if under 90 % and qualifies if at least 100 % (N.R.S. Proponent organization and requirements: No later than thirty (30) days after a proposed bill is submitted for certification, the committee of applicants the names of 100 registered voters who will act as sponsors. Art. Other subject restrictions: May not repeal/modify the state's Bill of Rights, amend/repeal provisions relating to the state's public employees' retirement system, amend/repeal right-to-work provision, or modify the initiative process, and special rules if includes expenditures (MS Const. If neither receives majority, the one receiving the most votes, if it receives more than one-third of the votes given for or against both, will appear at the next statewide election to be held not less than 60 days after the vote (M.R.S.A. 250.045). 3, 1; SDCL 2-1-6). Art. Submission deadline of signatures: For statute initiatives, no later than three months prior to the election the measure is to be voted upon, and must submit to the county officials no sooner than nine months and no later than four weeks prior to the final deadline (MT CONST Art. General election, and filed at least six months before the election with the secretary of state. Art. CONST. Amend. II, 10). Types allowed: Direct initiative for statutes and amendments and popular referendum, Single subject rule: Constitutional amendments only, not statutes (A.R.S. Colorado and Florida require a supermajority to pass a constitutional amendment: 55 percent of voters in Colorado (C.R.S.A. 22-24-420). XVI, 2). 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. Const. Political committees must file a statement of organization. Art. 250.045; 250.067; 250.035; 250.036; 250.075). Art. 3, 3; NDCC, 16.1-01-09). 12, 2; M.C.L.A. 3501.38; 3519.05). Application process information: Text and proposed ballot statements are submitted to secretary of state. 5, 1; C.R.S.A. Withdrawal of petition: Chief petitioners may withdraw at any time before submitting the signatures for verification. Proponent financial disclosure requirements: Within three days of making an expenditure or receiving a contribution, a political committee must file a statement of organization and designated a treasurer (ORS 260.035). Art. 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. Petitions must be submitted to counties for verification four weeks before this deadline. Petition title and summary creation: Secretary of state (21-A MRS 901(4)). Submission deadline of signatures: Ninety days before the first day of the legislative session (Miss. Unclear; it seems likely that the same statement drafted by the secretary of state and approved by the attorney general for the petition also appears on the ballot, but this is not specified. 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. 187; Okl.St.Ann. Stat. III, 4; Neb. The first statewide general, special, special runoff, or primary election after the petition has been filed, a legislative session has convened and adjourned, and a period of 120 days has expired since the adjournment of the legislative session. Sponsor or group who receives contributions or spends over $500 for the passage or defeat of the referendum must file a statement of organization as a ballot question committee. Find and create gamified quizzes, lessons, presentations, and flashcards for students, employees, and everyone else. In California, it is filed with the attorney general, and Ohio requires a second filing with the attorney general in addition to the secretary of state. Once an initiative is on the ballot, An example of an advisory referendum is Question 5, Gathering Information: Monitoring Your Progress. 1953 20A-11-101; 20A-11-801; 20A-11-802; 20A-11-803). Petition title and summary creation: Proponents (U.C.A. 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. For statutes, 5% of total qualified electors of the state, determined by the number of votes cast for governor in the preceding general election. South Dakota: The Legislative Research Council provides written comments to the attorney general (SDCL 12-13-25; 12-13-25.1). Where to file: Secretary of state (Const. 3519.03; 3519.01; 3519.062). If includes expenditures, must also include sufficient increased revenue sources that cannot come from general fund. Circulator oaths or affidavit required: Yes (Const. Petition title and summary creation: Attorney general (I.C. Subject restrictions: Laws immediately necessary for the preservation of the public peace, health, or safety, or for the support and maintenance of the departments of the state government and state institutions are not subject to the referendum (Const. 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. 905-A and M.R.S.A. 250.045; 250.048). 21). Accessible across all of today's devices: phones, tablets, and desktops. Timeline and deadlines for collecting signatures: First 10 signatures must be turned in by the first Wednesday of the September before the assembling of the general court . Timeline for taking effect: Becomes effective 30 days after the day it is approved by a majority of votes (Const. 106.03). III, 2). Art. Proponent financial disclosure requirements: Include but may not be limited to filing about the use of paid circulators and filing reports (MCA 13-27-112; 13-27-113). If the legislature does not enact the statute, another round of signatures is required equaling 0.5% of votes for governor. A legislature committee also reviews the measure by a deadline (N.R.S. Const. Verification: A random sample of 5% of the signatures is verified by county recorders (ARS 19-121.01(B)). II, 10(a)). 7-9-111). Signature pages must include description of subject and purpose of petition, a fair and accurate summary or the full text, a statement to which each signer subscribes, spaces for signatures, spaces for signers' county and space for the required affidavit. 3519.16. OK Const. Law 7-105. III, 3) and at least 18 years of age (NDCC 16.1-01-09(4)). What is on each petition: Must follow form per statute, include full text of the measure, follow paper requirements, and printing instructions and internet posting requirements (MCA 13-27-201; 13-27-202; 13-27-204; 13-27-207). 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. Art. Can only be changed by a vote of the people, Two-thirds vote (or majority after seven years), Two-thirds vote (or majority after two years), Select a State with Citizen Initiatives to Learn More, Petition Review, Creation and Public Notice, Petition Review, Creation, and Public Notice, >Petition Review, Creation and Public Notice, States with citizen initiatives (24): Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Maine, Massachusetts, Michigan, Missouri, Mississippi, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington, Wyoming. Art. Petition sponsors, approved or rewritten by attorney general, Petition sponsors, with approval by secretary of state, Drafted by secretary of state and approved by attorney general, Petition sponsors, approved by attorney general. 48, Init., Pt. If a person is recalled they are put back through an election. Art. Code 16.1-01-10). Vote requirement for passage: Majority (Const. Const. III, 52(b) and Mo.Rev.Stat. Supermajority vote only to change vote requirement. Code Ann. 1b), Repeal or change restrictions: No veto by the governor (OH Const. Verification: By actual count (as opposed to random sampling), but this is not spelled out in statute. On May 18, 1981, Italians resoundingly defeated a proposal to repeal a controversial 1978 abortion law, although the Catholic church had strenuously urged repeal. Art. Art. Art. First 10 signatures must be turned in by the first Wednesday of the September before the assembling of the general court . 168.472a). II, 1g and O.R.C. Illinois: For accuracy and fairness, the attorney general may rewrite arguments for or against prepared by legislature. II, 1g and ORC 3501.38). 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). 7-9-111). Where to file: Secretary of state (Const. Const. 15% of the votes cast for governor in the preceding election in a majority of legislative districts is required to suspend operation of an act pending the election (Const. 34-1807), Circulator oaths or affidavits: Yes (I.C. *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. Legislature or other government official review: 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. 1(3)). Art. Const. III, 3 and MGL ch. (21-A M.R.S.A. XVI, 3). A warning to signers is required (CRS 1-40-110). Signatures gathered in violation of these requirements are void (ARS 19-101(A)). If you desire to vote for the retention of the act, mark X in square opposite the words 'FOR APPROVAL OF THE ACT.' Prepared by the office of financial management, in consultation with the secretary of state, the attorney general, and any other appropriate state or local agency. When people get a lot of signatures to get on the ballot and be voted on by citizens for a change in an old law or for the making of a new law. III, 3). Types allowed: Direct citizen initiative for statutes and amendments and popular referendum, Single subject rule: Yes (C.R.S.A. III, 2). 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). 116.334; 116.260). Stat. No appropriations or other new revenues not provided for in the measure. Which election: Next general election at least 31 days after the measure qualifies or at a special statewide election held prior to that general election; the governor may call a special statewide election for the measure (Const. II, 1(d)). Four states require a filing fee in statute. St. 32-1414). 5, 6; 34 Okl.St.Ann. 19, 3; N.R.S. Rponses possible : a. Circulator oaths or affidavit required: Yes (34 OS 6). II, 1g). Art. Florida. Cure period for insufficient signatures: If signatures are determined to be insufficient, an additional 10 days is allowed to gather additional signatures (Const. Art. Art. 3, 52). 48, Init., Pt. 6; Oklahomans for Modern Alcoholic Beverage Controls, Inc. v. Shelton, Okla., 501 P.2d 1089, 1972). Eighteen months, but cannot start collecting more than two years before the election, and a deadline of six months before the general election. The ballot title may be distinct from the title of the law that is the subject of the petition. Conflicting measures: The measure receiving a majority of the votes passes (RCWA Const. 34-1801a, 34-1804, 34-1809, Illinois: ILCS Const. Art. . Withdrawal process of individual signature: After the petitions are submitted for signature verification, individual signatures may not be removed (ORS 250.025). 5, 1). One year after the petition is approved by the secretary of state for collection, and deadline of 120 days before the election it is to be voted upon. Otherwise the secretary of state in consultation with the attorney general writes a concise summary (NDCC 16.1-06-09). Circulator requirements: Must be an elector and must be 18 or older (NDCC Const. Art. 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. For indirect initiative states, this review process involves the legislature and can be quite extensive. Art. Who creates petitions: Secretary of state creates templates, including cover and signature sheets (O.R.S. Const. Stat. Conflicting measures: The measure receiving the greatest number of affirmative votes prevails (N.R.S. Ballot title and summary: Full text is printed on the ballot if it is 200 words or less; if it is more than 200 words, secretary of state drafts a title. 48, Pt. Timeline for collecting signatures: Eighteen months or until April 30 of the year of the next general election, whichever is earlier (I.C. VI, Subpt. Const. 116.080). 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). Law 6-207(c)). Who creates petitions: Secretary of state creates a sample petition and then the petition is reviewed by the attorney general (V.A.M.S. 22-24-402). Art. No earlier than 75 days, and no later than 15 days, voter information pamphlet and newspaper publication (U.C.A. Code 13-208 for statement of organization. This deadline pertains to when counties must submit petitions with verified signatures to the secretary of state. Who can sign the petition: Qualified registered voters (Wyo. 2, 9; M.C.L.A. Laws necessary for the immediate preservation of the public peace, health or safety, Acts that become effective earlier than 90 days after the end of the session, Such laws as may be necessary for the immediate preservation of the public peace, health or safety, or laws necessary for the support of the state government and its existing public institutions, Const. If the board is unable to verify the genuineness of a signature on a petition using the digitized signature contained in the qualified voter file, the board may cause any doubtful signatures to be checked against the registration records by the clerk of any political subdivision in which the petitions were circulated, to determine the authenticity of the signatures or to verify the registrations (MCL 168.476). 1-40-116). Amend. 3, 18). Revised statutes now require that signatures be equally collected among all the petition districts (congressional districts). 3, 52(b) and Wyo. For constitutional amendment initiatives, 4 % of the resident population (NDCC Const. Repeal or change restrictions: Governor may not veto (MT CONST Art. Most states also include requirements for verifying the authenticity of signatures. Some states place restrictions on how sponsors may pay petition circulators. Art. 6, Gen. Application process information: File an exact printed copy of petition as it will be used for signature gathering (A.C.A. Ballot title and summary: Full text is included if not too long. II, 9). Const. Code Ann. II, 1g; O.R.C. Proponent organization and requirements: Application must be signed by ten qualified voters (Const. Collected in-person: Yes (NRS 32-630 and -1404). Allowed to pay another for their signature: Prohibited; a petition section is invalid if this happens (CRS 1-40-111(3)(IV)). Stat. Const. Petition for Recall. Which election is a measure on: Next state election (M.G.L.A. 295.009; 294A.150; 294A.220, North Dakota: NDCC, 16.1-08.1-02.4; 16.1-08.1-03.1; 16.1-08.1-03.2, Ohio: O.R.C. The same ballot title and popular name that appeared on petitions (drafted by sponsors) is submitted by the secretary of state to the board of canvassers for certification.