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Popular Referendum Overview. The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. 32-1405.01). Repeal or change restrictions: The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters (Const. Under the constitution, an act takes effect 90 days after it is enacted. Art. Circulator requirements: US citizen and at least 18 years old (CRS 1-40-112). Two years for collection, and deadline of four months prior to the general election. Amend. Circulator oaths or affidavits: Yes, and must be notarized (C.R.S. Geographic distribution: 15% of the total vote cast in the last election in at least of two-thirds of counties (Const. 3, 17(1)). Sometimes initiatives are first submitted to a legislature. Public reviews for 30 days and provides comments to the proponent. Repeal or change restrictions: Majority of legislature may repeal or alter any statute measure (OK Const. Repeat measures: More than two elections on the same general matter cannot be held within 12 months (NDCC, 16.1-01-11). XLVII, Pt. 116.17). States sometimes limit how soon a measure can be re-attempted. 48, Init., Pt. Verification: Random sampling of at least 5 % of signatures implemented by secretary of state. Repeat measures: Two years (MS Const. Circulator oaths or affidavit required: Yes (SDCL 2-1-10). Art. 4, Pt. 5, 1). . 116.120). 3, 18), Collected in-person: Yes (M.R.S.A. Paid per signature: Yes, "No law shall be passed to prohibit any person or persons from giving or receiving compensation for circulating petitions." Rev. 1953 20A-7-203). It fails to qualify if under 90% and qualifies if at least 100%. Art. Majority to pass: For statutory initiatives, a majority at a single general election. To make it more difficult to place initiatives on the ballot and to ensure initiatives do not represent just the interests of heavily populated areas, some states have created a requirement that signatures be gathered from across the state. Code Ann. 5, 1). . Where to file with: None, but state board of elections certifies signatures (5 ILCS 20/2a). Art. Const. Who can sign the petition: Voters who register on or before the date the petition is required to be filed (NRS 32-1404).. If you desire to vote for the retention of the act, mark X in square opposite the words 'FOR APPROVAL OF THE ACT.' What is on each petition: The full text of the measure, the affidavit of the circulator, the name of each petition district of the registered voters signing those pages, and each petition must have a 200-word or less description on each signature page of the petition (N.R.S. Art. Most constitutional democracies, such as Australia, Canada, Italy, and the United States, operate through a system of representative government. Application process information: Written application including full text of proposed law and summary that explains its purpose, signed by five people and the applicant (21-A M.R.S.A. Circulator requirements: Resident of South Dakota who is at least 18 years old (SDCL 12-1-3). IV, 1(3)). Once an initiative is on the ballot, An example of an advisory referendum is Question 5, Gathering Information: Monitoring Your Progress. Types allowed: Indirect initiative for statute, direct initiative for constitutional amendment, and popular referendum, Other subject restrictions: No private or special laws (Const. 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. Grounds for denial are improper form, insufficient sponsors, or more than 90 days have passed since adjournment of the session (AS 14.45.310). These may be accepted or rejected. Allowed to pay another for their signature: Prohibited (ACA 7-9-103(c)). Art. 55 1, 6B, 7A, 18C, 18). Art. 3, 2). 5, 11; MACo v. The State of Montana, MT 267 [2017]), Nebraska (Ne.Rev.St. 21 1; A.R.S. Florida: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme court. 5, 1; C.R.S.A. Twelve months for collection, and no signatures may be obtained prior to 24 months before the general elections that it is to be voted upon. Timeline for taking effect: 10 days after the official declaration of the vote (Const. 55 1, 6B, 7A, 18C, 18, Mississippi: Miss. If politicians are ignoring citizens' concerns, they can pass the law themselves 2. From each of at least 26 Utah State Senate districts, legal signatures equal to 5 % for indirect or 10 % for direct initiatives of the total of all votes cast in that district for all candidates for U.S. president at the last general election (U.C.A. Next general election at least four months after filing the signatures. General review of petition: The revisor of statutes reviews and recommends revisions with respect to form and draftsmanship. Stat. III, 5(1) and MCA 13-27-202). In 1921 the voters of North Dakota removed from office the governor, attorney general, and commissioner of agriculture. 5, 1). From three-fourths of house districts of the state with signatures from each district equaling at least 7% of the total votes from preceding general election. Art. Referendum, however, is a measure submitted by the government to the people for their approval. 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. If passed by legislature, it is subject to the referendum (M.C.L.A. Art. Paid per signature: Yes (CRS 1-40-135(2). Submission deadline of signatures: For direct initiatives, April 15 immediately before the next general election (U.C.A. Const. 905-A; M.R.S.A. NDCC Const. 4; Art. Laws 168.471. Art. Art. Public review or notice: Secretary of state creates pamphlet with information and arguments and publishes the measures in newspapers leading up to the election. 2, 3. Code 84101). Proponent financial disclosure requirements: Include but may not be limited to a ballot question committee filing campaign statements, filing the 16th day before the election to the 11th day before the election, a postelection campaign statement, fines if failure to file properly, advertising guidelines (M.C.L.A. Who can sign the petition: Electors of the state (Const. Vote requirement for passage: Majority (Const. Withdrawal of petition: The chief petitioners may withdraw at any time before submitting the total number of signatures for verification. Who creates petitions: Sponsors (A.C.A. Details on who or which offices writes the title and summary are listed below. 250.025), Collected in-person: Yes (O.R.S. What is on each petition: Petitions substantially follow the form found in U.C.A. Petitions must be submitted within 90 days following the final adjournment of the legislative session at which the law was enacted. 14, 3), Majority to pass: Three-fifths of those voting on the amendment itself or a majority of those voting in the election (ILCS Const. 5, 11; Art. A petition organizer must register with the secretary of state. 2, 9). Circulator oaths or affidavit required: Yes (Utah Code 20A-7-303(3)). Additional stipulations: In Idaho and Nebraska, the law states that the entire measure might not be superseded and that only conflicting parts of the measure may supersede one another. Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. 3501.38; 3519.05). 1-40-111), Paid per signature: Allowed but must obtain license and training (CRS 1-40-135), Allowed to pay another for their signature: Prohibited (C.R.S.A. 354). Const. Code Ann. Reports of contributions and expenditures are due on the 12th day before an election, the 38th day after an election and the last business day of January and July of every year. Legislature or other government official review: General assembly members opposing the amendment may prepare or designate others to prepare a brief argument against such amendment, submitted to attorney general (5 ILCS 20/2). Art. General review of petition: Reviewed by attorney general and Ohio ballot board, which also writes pro or con statements if not supplied (OH Const. 5, 1), Timeline for taking effect: Thirty days after the election unless otherwise specified in the act (Ark. We hope you and your family enjoy the NEW Britannica Kids. 22-24-401, Laws related to dedications of revenue, appropriations, local or special legislation or laws necessary for the immediate preservation of the public peace, health or safety. 34-1805), Who can sign the petition: Qualified electors (I.C. Stat. 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). What Are The Different Types And Forms Of . Petition title and summary creation: The secretary of state (W.S.1977 22-24-310). Const. Number of signatures required: 10% of the total vote for governor cast in the last election (Const. 168.22e; 168.476; 168.477; 168.480, Montana: MCA 13-27-401; 13-27-402; 13-27-410; 13-27-311, Nebraska: Neb. Who creates petitions: Secretary of state (MCA 13-27-202). The Law of direct democracy Book 2014 WorldCat. 5, 1). Art. Who can sign the petition: Legal voters (Const. As in the case of the initiative and referendum, the recall process gives citizens a chance to practice grassroots democracy by removing elected officials who are disapproved of by a majority of voters. If fiscal in nature, the attorney general orders the budget director to prepare. 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). Acts making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act. The next regular or general election occurring subsequent to the 125 days after filing signatures. Tit. 165-014-0005 Designating the State and Local Initiative, Referendum, Referral and Recall Manuals and Forms (1) The Secretary of State designates the State Initiative and Referendum Manual revised 02/2022 and associated forms as the procedures and forms to be used for the state initiative and referendum process. Circulator requirements: 18 years of age (34 OS 6). V 1). Petition title and summary creation: Sponsors draft title (Const. 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. Many cities and about one fourth of the states have incorporated it into their charters or constitutions. Rev. *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. The Secretary of State's Office is currently operating on an appointment-only basis. Const. 2, Sec. II, 1g; O.R.C. Mary is concerned with the education that her child is getting and wants the school day extended in her district. Every state also includes requirements as to how the authenticity of signatures are verified, and constitutional amendments often require more signatures than statutory changes. 116.332, Const. Federal courts have invalidated payment-per-signature bans in Colorado, Idaho, Maine, Mississippi, Ohio and Washington. States also decide which election a ballot measure will be voted on and any time restrictions before a measure is placed on a ballot. More than two elections on the same general matter cannot be held within 12 months. Submission deadline of signatures: No later than three months and three weeks before the election and made by 3 p.m. on the day of filing (C.R.S.A. A.R.S. Proponent organization and requirements: Original filing must include the names, addresses and signatures of at least 25 electors as sponsors (Const. 168.482; 168.544c, Mississippi: Miss. 19, 1 and NRS 295.045 and .056. Verification: Each signature is physically counted (34 OS 6.1). Referendum is a decision for the general assembly to put a bill on the ballot. Verification: The secretary of state employs a representative random sampling by the use of questionnaires, postcards, telephone calls, personal interviews, etc., or any combinations thereof, to determine the validity of the signatures (NDCC 16.1-01-10). XVI, 3(b)). Number of signatures required: For constitutional amendments, 10 % of the votes cast for governor in the last election. Timeline for taking effect: When governor makes official declaration of vote but not later than 30 days after vote canvassing (C.R.S.A. 19, 3; N.R.S. 19-112), Colorado (Const. II, 10(a)). Paid per signature: Previous ban overturned. Initiative is a legislative proposal that originates with the people. For indirect statute petitions, the legislature has 40 session days to pass or reject the unchanged or unamended measure. Art. Circulators may not receive payment greater than $1 per signature. Majority to pass: Yes (M.R.S.A. An estimated fiscal impact statement must be printed with any constitutional amendment or initiated or referred measure on the ballot. V, 3). III, 5(1)). 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). Art. 11 3). 2, Sec. Q. II, 1c and 1g). Art. 116.332). Which election: Next statewide or general election, whichever comes first, that is not less than 60 days after the petition is submitted (Const. 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. Art. 116.030). Art. Geographic distribution: 3% of total votes cast for the office of governor from at least 15 counties (Const.