In the politics of the United States, the process of initiatives and referendums allow citizens of many U.S. states to place new legislation, or to place legislation that has recently been passed by a . 39. They may also submit their own alternative ballot measure to the people if different but under the same subject area. Const. 7-9-107). Which election is a measure on: For statutes, if not passed by the legislature within 40 days, then it is placed on the next general election's ballot. Click here to contact us for media inquiries, and please donate here to support our continued expansion. Repeal or change restrictions: Governor may not veto (MT CONST Art. Art. Art. 3, 3; NDCC, 16.1-01-09), Collected in-person: Yes (NDCC, 16.1-01-09). Timeline for taking effect: The first day of July after the completion of the official canvass (SDCL 2-1-12). Art. Although the referendum and the initiative find most widespread use in the United States and the Swiss cantons, they are also provided for in the constitutions of several European and Commonwealth countries. For constitutional amendments, signatures must be gathered from 10% of qualified electors in each of two-fifths (40) of the state's 100 legislative districts. Proponent financial disclosure requirements: Include but may not be limited to the provisions of the Nebraska Political Accountability and Disclosure Act. Semiannual statements of contributions and expenditures are due July 31 and January 31. Time period restrictions before placed on the ballot: Have 120 days before election for amendments, and 160 days before an election and not less than 10 days before legislative session for statutes (M.C.L.A. Ohio: Reviewed by attorney general and Ohio ballot board, which also writes pro or con statements if not supplied. For indirect statutory initiatives, 3% of votes cast for governor in last election to submit to the legislator. Code 9001). b. engaging in issue advocacy Must file a statement of organization as a political issues committee no later than seven days after receiving contributions or making expenditures totaling at least $750, and annually by 5 p.m. on Jan. 10 thereafter, unless it has filed a notice of dissolution. Const. Verification: Random sampling of at least 5 % of signatures implemented by secretary of state. 3, 18). St. 32-628; 32-1546), Paid per signature: No ban, but must state whether the circulator is paid or volunteering on the petition (Neb. Amend. 9. Art. Verification: The secretary of state may use any statistical sampling techniques for this verification and canvass which have been adopted by rule as provided by chapter 34.05 RCW (RCWA 29A.72.230). S51(xxvi) was changed by the removal of the phrase "other than the Aboriginal race in any state." Eighteen states require proponents to file application materials with the states secretary of state: Two states require proponents to file application materials with the lieutenant governor: Five states require proponents to file application materials with the attorney general: Four states require filing with another entity: None listed, but must register organization with board of elections. There has been one exception: The case Initiative and Referendum Institute v. Jaeger (2001) in North Dakota upheld the ban on paying per signature. b. single ticket. Application process information: Application containing the act to be referred and signed by at least 100 qualified voters is filed with the lieutenant governor. Circulator oaths or affidavit required: Yes (Wyo. 6% of the qualified electors at the time of the last general election in at least 18 legislative districts. Who creates petitions: Secretary of state (MCA 13-27-202). Since the total number of registered voters is constantly changing, with new voters being added and ineligible voters being removed, that presents a dilemma for the state. Collected in-person: Original ink signatures are required (ORC 3519.051 and 3501.38(B)). A top funders sheet created by sponsors is attached to the petition (Elec. 19-111). Cannot "pass a law authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property.". 4, 1, Pt. Art. St. 32-628; 32-1546). Withdrawal process of individual signature: Any signer may remove their signature at any time before the petition is filed by striking it out on the petition (ORC 3501.38(H)). 3, 18 and 21-A M.R.S.A. 11 5). 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). Allowed to pay another for their signature: Prohibited (Wyo. Most state statutes include some type of sampling, such as in the cases of Arizona (A.R.S. d. all of the above. Const. Art. Art. 19-121), Ballot title and summary: Secretary of state, approved by attorney general (A.R.S. 1953 20A-7-202.5). Timeline for taking effect: Takes effect five days after the official proclamation of the voter by the governor or the effective date specified in the proposed law, whichever is later (Utah Code 20A-7-311). 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. III, 5(2)). Referendum This is power in the hands of the electorate to either accept or reject a proposal to an existing legislation through an election called for this purpose. Art. 5, 2; M.G.L.A. Omissions? 100.371). 48, Init., Pt. Timeline for collecting signatures: Six months to turn in signatures once petitions have been titled and certified for circulation (C.R.S.A. 7-9-104). In the U.S., the terms initiative and referendum refer to processes that allow citizens of states to vote on particular pieces of legislation. Art. 7-9-108). Other subject restrictions: The initiative power extends only to laws which the legislature may enact (M.C.L.A. d. ten. c. It is the practice of voting directly for proposed laws. Rev. Timeline for taking effect: 30 days after the election (Const. 353, 354). 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. 1967 Referendum The first question sought to break the nexus that existed between the number of Senators and Members of the House of Representatives in order to permit an increase in the number of Members without increasing the number of Senators. 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)). Geographic distribution: From at least 15 of the 29 senate districts, signatures equal to 8% of the number of active voters in the county on January 1 following the last regular general election (Utah Code 20A-7-301(1)). And no measure that names an individual to hold office or names private corporation to perform any function. majority of its delegates, it is called the 3, 52(b) and Wyo. Art. Public review or notice: Thirty day comment period, with comments published along with explanatory statement and fiscal review, publicly accessible on internet and in a pamphlet. III, 5(2)). Proponent organization and requirements: The sponsors must delegate a committee of three to five people to represent them, and must file if any signature gatherers will be paid (O.R.C. Const. VI, Subpt. No veto by governor for either measure passed by voters or legislature (M.C.L.A. c. evolve into single-party systems. Code 9604). Code reviser issues certificate of review (RCWA 29A.72.020). 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. Art. Who can sign the petition: Electors of the state (Const. 54, 53). Art. c. straight ticket. Which election: Next statewide election, unless a special election is called by the legislature of the governor for the express purpose of considering a referendum (Const. 3, 18), Collected in-person: Yes (M.R.S.A. Nebraska Const. 19, 2; American Civil Liberties Union of Nevada v. Loma (2006); N.R.S. 19, 3; Art. seq). General review of petition: For accuracy and fairness, the attorney general may rewrite arguments for or against prepared by legislature (5 ILCS 20/2). Steps for an Initiative to become Law Write the text of the proposed law (initiative draft). 7-9-104). 7-9-103). Every state requires or offers some type of review in addition to fiscal statements. 1(9) and ARS 19-112). May include a fee (RCWA 29A.72.010; 43.07.120; 29A.72.020; 29A.72.040). 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. b. the duel between Alexander Hamilton and Aaron Burr in 1803 14, 3 and 10 ILCS 5/28-9), Collected in-person: Yes (10 ILCS 5/28-3), Withdrawal process of individual signature: By written request before submission of the petition to state board of elections or an officer with whom filing of the petition is required (10 ILCS 5/28-3). Also, instead of being based on the date of the election, deadlines for filing popular referendum petitions are generally based either on the day the legislature adjourns or on the date the bill that is the subject of the referendum was signed by the governor. 21 1; A.R.S. Art. 901 and 1 M.R.S.A. Petition title and summary creation: The title of the bill being referred is included on the petition (34 OS 1). Twenty-three states have a popular referendum process. A referendum is only passed if it is approved by a majority of voters across the nation and a majority of voters in a majority of statesthis is known as a double majority. Allowed to pay another for their signature: Prohibited (O.R.C. This database contains information on state processes, including subject matter, petitions, circulator requirements, signature requirements and more. III, 52(b)). Rev. Const. Conflicting measures: If the governor believes that two approved laws, or parts laws, are entirely in conflict, they proclaim the measure to be law that has received the greatest number of affirmative votes (U.C.A. Application process information: The proponent must file with the secretary of state a typewritten copy of the measure, accompanied by an affidavit that the sponsor is a qualified elector of this state as well as the fiscal requirements of the measure and the source of the revenue needed, and not less than 90 days before first day of legislature (Miss.
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