initiative referendum and recall are examples of quizlet

7-9-114). 168.544c). Art. The requirements for an election with statewide ballot measures vary greatly by state. Art. Prepared jointly by the secretary of state and attorney general, Const. 1). Which election is a measure on: Next statewide or special election after the legislative session concludes sine die (21-A M.R.S.A. III, 3; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. Const. * See also: 2011 N.D. Op.Atty.Gen. Art. II, 1e). If you desire to vote for the retention of the act, mark X in square opposite the words 'FOR APPROVAL OF THE ACT.' 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206). II, 10). III, 1). Collected in-person: Yes (Elec. Next statewide or special election after the legislative session concludes sine die, and 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. For indirect statutory initiatives, it is roughly 11 months and two weeks. Art. Must file measure's full text and three designated sponsors who are Wyoming voters to act as official sponsors of the campaign. Stat. Withdrawal of petition: The chief petitioners may withdraw at any time before submitting the total number of signatures for verification. General review of petition: The Citizens' Initiative Review Commission reviews measures and may create a citizen panel to review specific ones (O.R.S. Petitions always include a title and/or summary of the proposed measure, although who writes this information varies. Submission deadline of signatures: Six months before the general election (ILCS Const. An emergency law shall remain in force notwithstanding such petition but shall stand repealed 30 days after having been rejected by a majority of the qualified electors voting thereon (Const. Art. Washington requires 60 percent approval for laws authorizing gambling or lotteries (Washington Const. Const. Const. Paid per signature: No ban on initiative petitions, but a statement must appear on the petition if circulator is being paid (W.S.1977 22-24-310). Proponent financial disclosure requirements: Include but are not limited to reporting for contributions over $1,000, restrictions on what organizations can support, disclosure statements, semi-annual and pre-election statements, quarterly ballot measure statements, expedited and triggered statements and more (Cal.Gov.Code 82013, 84200, 84202.3, 85309, 84511, 84101, Cal.Elec.Code 18680; Form 460). Geographic distribution: None (MCL 168.471 requirement that no more than 15% come from a single congressional district was found unconstitutional in AG opinion 7310, May 2019). 902), Timeline for collecting signatures: One year (M.R.S.A. Four states require training for circulators: Twenty-two states (all except Massachusetts) require circulators or proponents to sign affidavits or other sworn statements as to the accuracy or authenticity of the petitions. What is on each petition: Full text of proposed amendment for amendments, a prescribed warning, and follow other guidelines such as form (M.C.L.A. Collected in-person: Yes (U.C.A. Either way, the measure is put before the people (MS Const. 100.371), Ballot title and summary: Sponsor, approved by secretary of state, reviewed by attorney general (F.S.A. 19, 3; N.R.S. 6). Petition title and summary creation: Proponents (Neb. 3, 5). 1953, Const. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient. 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). 21 1 and A.R.S. Art. V, 1(3) and CRS 1-40-117. Proponents may suggest title (OH Const. Art. Submission deadline for signatures: By 5 p.m. not more than 90 days after final adjournment of the legislative session at which the bill was passed (Const. 12, 2). II, 1g). License petition entity must register with secretary of state and obtain license (C.R.S.A. 3, 8), Timeline for taking effect: Thirty days after the election (NDCC Const. 905-A; M.R.S.A. Who can sign the petition: Qualified electors (Const. Types allowed: Direct initiative for statutes and amendments and popular referendum, Single subject rule: Constitutional amendments only, not statutes (A.R.S. Where to file: Secretary of state (NRS 32-1405). Submission deadline for signatures: Within 90 days after the enactment date of the statute (Const. Code Ann. Same if an alternate measure is proposed. (NMSA 1-17-2) Each signature page is limited to one county and must bear the circulator's certificate and a warning to signers (NMSA 1-17--5); circulators must also present full and correct copy of the law (NMSA 1-17-3). Twelve% of total votes cast in last gubernatorial race for governor, V.A.M.S. Who can sign the petition: Electors of the state (Const. referendum and initiative, electoral devices by which voters may express their wishes with regard to government policy or proposed legislation. What is on each petition: Names of 10 original signers in the application and deadline for submission of signatures and follow guidelines of Administrative Rules 950 CMR 48.00 (M.G.L.A. If legislature amends, it does not go into effect until the original is rejected by the voters. Law 6-204(c)). Rev. 168.471; 168.472. 2; 21 Okl.St.Ann. Ballot title and summary: Director of elections, with approval of state board of canvassers, drafts a statement of purpose of not more than 100 words for the ballot (MCL 168.32(2)). Petitions must be submitted by 5 p.m. on or before the 90th day after the recess of the legislature, or if the 90th day is a weekend or holiday, by 5 p.m. on the preceding day that is not a weekend or holiday. In odd-numbered years, year-end reports are required (SDCL 12-27-22). Const. 250.045; 250.052). Cure period for insufficient signatures: None. . Number of signatures required: 5% of total votes cast for all candidates for governor in the last general election (Const. Timeline for collecting signatures: None except when collecting the second 3 % of signatures of votes in last election for governor, the deadline is 90 days (OH Const. II, 1g; Art. III, 6). 1. This database contains information on state processes, including subject matter, petitions, circulator requirements, signature requirements and more. III, 3). If they win they keep their seat for the remainder of their term, if they lose they are removed from their term immediately. Registration is made on a form prescribed by the secretary of state and includes the ballot question or title of the measure for which the organizer will receive compensation, contact information, the name and signature of a designated agent and a list of the names of all people hired to circulate petitions and the manner in which they are compensated (21-A MRS 903-C). Collected in-person: Yes, In-person (21-A MRS 902). Art. Any contribution of $500 or more in the last 13 days before an election is to be reported within 24 hours. 3, 2). These serve as the petition title (MCA 13-27-312). 1953, Const. 22-24-413). Art. What is on each petition: Form of the petition is prescribed by the State Board of Elections. 116.320). The secretary of state shall vacate the certification of the official ballot title within three days of receiving notice of the withdrawal (Mo.Rev.Stat. If raising more than $5,000 in a year, the entity must register as a ballot question committee. 106.191). Final deadline (this is for counties to transmit verified petitions to the secretary of state) is not less than 120 days before the next general election (Const. 3, 20 and 21-A MRSA 901). Majority to pass: Majority and at least 35 % of the total votes cast in the entire election (Ne.Rev.St. Art. A title board, which is comprised of the secretary of state, attorney general and director of the office of legislative legal services, Petition sponsors, with approval of attorney general, Written by petitions sponsors, approved by attorney general, Const. Cure period for insufficient signatures: None specified. 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. 5, 1). Art. Code reviser issues certificate of review (RCWA 29A.72.020). To account for double-signing, the secretary will apply at least an 8 % duplication rate to the first sampling. This deadline pertains to when counties must submit petitions with verified signatures to the secretary of state. Timeline for taking effect: An act rejected by referendum is void 30 days after certification. 48, Init., Pt. 353, 354). Art. V, 3). What is on each petition: Petition is addressed to the secretary of state and must contain for each petitioner a declaration that he is a qualified elector, address and date of signature. Art. 23-17-41). Other subject restrictions: May only amend structural and procedural subjects contained in Article IV (ILCS Const. 2015.5), Circulator oaths or affidavits: Yes (Cal.Elec.Code 104, 9022, 9610), Paid per signature: Yes, but signed oath if paid (Cal.Elec.Code 101, 9610), Allowed to pay another for their signature: Prohibited (Cal.Elec.Code 18603). No statute found; used Term Limits Referendum (Nov. 1996) as a reference. This is in contrast to an issue being voted on by a representative.This may result in the adoption of a new policy or specific law, or the referendum may be only advisory.In some countries, it is synonymous with and also known as plebiscite, votation, popular consultation . Number of signatures required: 10% of those who voted in the preceding general election (AS 15.45.370(2)(A)). Withdrawal process of individual signature: Written statement at secretary of states office, mail a notarized statement to the office, or strike name through on petition (A.R.S. Reports of contributions and expenditures are due on a quarterly basis. 3, 1 and SDCL 2-1-5). 54 42A, 53; M.G.L.A. 19, 6). Const. A statement of organization is required. 24). 100.371). In 1921 the voters of North Dakota removed from office the governor, attorney general, and commissioner of agriculture. 295.009. 2, 9; Const. Repeal or change restrictions: Governor may not veto. Which election: Next general election (Const. If petition is insufficient, sponsors have 30 days to solicit and obtain additional signatures, submit proof to show that rejected signatures are valid or make the petition more definite and certain. Nebraska Const. Seventeen states do not provide for any limitation on attempting to repeat a specific measure: Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Maine, Michigan, Missouri, Montana, Nevada, Ohio, Oregon, South Dakota and Washington. If such activity occurs within 30 days of an election, a statement must be filed within 48 hours. 2, 10; N.R.S. A statement must be filed by a ballot issue committee supporting or opposing a measure not more than 35 days after the petition is filed (MCL 169.234). Art. If attorney general does not approve the statement, he or she prepares one. Const. 3, 50), Other subject restrictions: No appropriations or other new revenues not provided for in the measure (V.A.M.S. Code 23-17-3. General review of petition: For accuracy and fairness, the attorney general may rewrite arguments for or against prepared by legislature (5 ILCS 20/2). Art. V, 1(4)(a)). What is on each petition: Petition format is addressed in Mo.Rev.Stat. Const. Submission deadline for signatures: Must be filed within 90 days of when the applicable legislative session adjourns sine die (AZ Const. Out-of-state committees that make expenditures supporting or opposing ballot propositions in Washington are required to file reports (RCW 42.17A.250). 34-1801a, 34-1804, 34-1809). LXXIV, 2 and MGL ch. Illinois requires either 60 percent of those voting on the amendment itself or a majority of those voting in the election as a whole (ILCS Const. Govt. 1. Fifteen% of those residing in at least two-thirds of the counties of the state, as determined by those who voted in the preceding general election in that county. Constitution 48, Init., Pt. Art. Which election: Next regular or general election subsequent to the 125 days after filing (OH Const. Art. They represent direct check on democracy as people can exercise their powers to accept or reject a piece of legislation. Verification: Board of state canvassers verifies the signatures using the qualified voter file and shall complete the process at least two months before the election (M.C.L.A. Art. IV, 1), Ballot title and summary: Attorney general (O.R.S. Who creates petitions: Sponsors (Elec. 48). Const. Art. Proponent financial disclosure requirements: Include but may not be limited to each political committee filing with the secretary of state a statement of organization no later than 10 days after receiving at least $200 in contributions or spending at least $200, and any political committee or individual spending at least $200 must file monthly financial reports with the secretary of state (Miss. The referendum may be obligatory or optional. There has been one exception: The case Initiative and Referendum Institute v. Jaeger (2001) in North Dakota upheld the ban on paying per signature. Vote requirement for passage: Majority (Const. Art II, 9). 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. Amend. Code 9610). Circulator oaths or affidavit required: Yes (SDCL 2-1-10). Lieutenant governor forwards petitions that are qualified for the ballot to the Office of Legislative Research and General Counsel, which drafts an impartial title of not more than 100 words summarizing the contents of the proposal. 5, 57; Art. States vary a great deal in how they verify collected signatures. Since the early 1970s, the initiative has increased greatly in popularity. And many states include some type of public review or notice of proposed measures, as well. Must include the title and effective date of the referred law, the date of the general election at which it is to be referred. If the referendum question gains enough "yes" votes, then . 7-9-107). IV, pt. 116.334), What is on each petition: Full text of the measure, all language that the measure removes and all new language, warning, county, affidavit, notary public seal, all in form prescribed (V.A.M.S. 168.22e; 168.476; 168.477; 168.480, Montana: MCA 13-27-401; 13-27-402; 13-27-410; 13-27-311, Nebraska: Neb. 19, 1 and NRS 295.045 and .056. 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. 116.110). Timeline for collecting signatures: Once the petition is approved and a serial number is issued, sponsors have until 5 p.m. on the 90th day after the legislature session adjourns. Art. Ballot title and summary: Full text is included if not too long. 130.110; 130.120; 130.029; 130.046; 130.041, Nevada: N.R.S. 187; Okl.St.Ann. Petition for Recall. Some states also include signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional. Art. Fourteen states do not have any process for withdrawal: Alaska, Arizona, Florida, Idaho, Maine, Massachusetts, Michigan, Mississippi, Montana, Nebraska, North Dakota, Utah, Washington and Wyoming. If any pair do not match, the rest of the signatures on that page must be verified via this comparison (MCA 13-27-303; 13-27-304). Art. Art. Legislature or other government official review: Attorney general prepares explanatory statements. 7-9-111). 23-17-17). 5, 1). Records must be kept of contributions and expenditures. The popular referendum process allows voters to approve or repeal an act of the legislature. A political committee must have a treasurer before receiving contributions or making expenditures. Petition title and summary creation: Petition includes the title of the referred law (SDCL 2-1-3.1). Art. 34-1805), Who can sign the petition: Qualified electors (I.C. 2, 3), Michigan (M.C.L.A. Art. Pre-election statements must be filed 40 and 12 days before the election (Govt. Proponents may withdraw a measure at any time before filing the petition. We hope you and your family enjoy the NEW Britannica Kids. 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. 15, 273), Who can sign the petition: Qualified electors (MS Const. LXXXI, 4). Eight % for amendments (Cal.Const. Verification: County officials ascertain whether each part-petition is properly verified, and whether the names on each part-petition are on the registration lists of such county, or whether the persons whose names appear on each part-petition are eligible to vote in such county, and to determine any repetition or duplication of signatures, the number of illegal signatures, and the omission of any necessary details required by law (ORC 3519.15). Art. Const. Select a State with Popular Referenda to Learn More. 116.120). For statutes: If not passed by the legislature within 40 days, it is placed on the next general election's ballot. . Ninety days from the date marking the beginning circulation for collection, as set by the secretary of state after public posting and chance for protest, and a deadline of 90 days from the official set date from the secretary of state. IV, 1(3)). No earlier than 75 days, and no later than 15 days, voter information pamphlet and newspaper publication (U.C.A. 5, 1; A.C.A. Most state statutes include some type of sampling, such as in the cases of Arizona (A.R.S. Political committees must file reports of contributions and expenditures. Art. Verification: County officials conduct raw count, and then a random sample is taken of 500 signatures or 3 % of each countys total for accuracy. Art. To work in today's reality, it will need amendingsomething that lies beyond the power of the Supreme Court." [1] The following states have initiative and/or veto referendum processes at the statewide level: Alaska. Proponent financial disclosure requirements: Include but are not limited to quarterly reporting and following rules set by board of elections (10 ILCS 5/9-15). Verification: Counts total number and then takes 5 % random sample to verify signature accuracy (A.R.S. Reports are due 30 days before the election, one week before the election, 105 days after a special election and Feb. 15 for all contributions and expenditures not already reported (AS 15.13.110). N.R.S. Arizona: Const. VI, Subpt. Proponent organization and requirements: Sponsors name is part of original filing, along with the name of any committee the sponsor has formed and the names of not more than three people who can withdraw or amend the petition (NRS 295.015). Art. 3, 3; NDCC, 16.1-01-09). Where to file with: Secretary of state (V.A.M.S. 3, 5; NDCC, 16.1-01-09. Colorado. Who creates petitions: Secretary of state approves the format and printers proof (C.R.S.A. 1-40-105). Art. Proponent organization and requirements: None specified. Art. Const. If the attorney general does not approve of the statement, he or she prepares one themselves (MCA 13-27-312). Art. 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. Code 9014. 24 States may have the direct initiative, the indirect initiative or the choice of either. Geographic distribution: In each of two-thirds of the congressional districts, and each petition page must only contain signatures from a singular county (V.A.M.S. Code 13-309). Circulator oaths or affidavit required: No. 3, 3; NDCC, 16.1-01-09), Collected in-person: Yes (NDCC, 16.1-01-09). These requirements vary widely, most often including newspaper publication, other public displays such as posting on the internet, or public comment periods. 168.474a; 168.486; 168.477; 168.32). Const. 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). Political committee must file a statement of organization. To share with more than one person, separate addresses with a comma. 250.045). 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. Withdrawal process of individual signature: Yes, before May 15, signer submits request to county clerk (U.C.A. 22-24-416, First statewide election held more than 180 days after adjournment of the legislative session. 3, 19). Like the initiative and referendum, recall originated in Switzerland, where it was made applicable to the entire legislature as well as to individual officials. Const. Art. 116.332). 2, 2; see also M.G.L.A. Who can sign the petition: Qualified registered voters (Wyo. 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. St. 32-1409). Amend. 19, 3). 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. Prepared by chief legislative budget officer. 19-111), Where to file with: Secretary of states office (A.R.S. 10% of the votes cast in the last general election in each of three-fourths of the counties, or 25% to suspend operation of the act until the operation, 3% of the votes cast for the office of governor in the last election in half of the counties. Where to file with: Division of Elections (F.S.A. 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. Art. Who creates petitions: Proponents with advising by attorney general (Cal.Elec.Code 9012), Fiscal review: Prepared by attorney general, department of finance and the legislative analyst office (Cal.Elec.Code 9005; Cal.Gov.Code 12172). Subject restrictions: No law that relates to religion, religious practices or religious institutions; or to the appointment, qualification, tenure, removal or compensation of judges; or to the powers, creation or abolition of courts; or the operation of which is restricted to a particular town, city or other political division or to particular districts or localities of the commonwealth; or that appropriates money for the current or ordinary expenses of the commonwealth or for any of its departments, boards, commissions or institutions shall be the subject of a referendum petition (Const. Withdrawal process of individual signature: A voter may have their signature removed by submitting a statement requesting such to the county clerk no later than the earlier of 14 days after the day the voter signs a statement requesting removal or 45 days after the clerk posts the voter's name under 20A-7-306(3)(c). Timeline for taking effect: 10 days after the official declaration of the vote (Const. Timeline for taking effect: Upon proclamation by the governor which shall be made within ten days after the official canvass of such votes (Const. In 1911, California voters approved the constitutional processes of initiative, referendum, and recall. Code 84202.3). In the U.S., the terms initiative and referendum refer to processes that allow citizens of states to vote on particular pieces of legislation.. Must include official language from attorney general, the measures full text, and the legislative district from which the signatures were collected (I.C. 34-1812c, Maine: 21-A M.R.S.A. XLVII, Pt. II, 1d). 3, 52(b) and Wyo. Art. After the hearings, the proponents and Governor's Office of Management and Budget may revise (U.C.A. Where to file with: Attorney general (O.R.C. III, 2), Oklahoma (OK Const. 19, 2). Paid per signature: Yes (CRS 1-40-135(2). 21 1 and CV160314-SA), Other subject restrictions: If includes expenditures, must also include sufficient increased revenue sources that cannot come from general fund (A.R.S. 15, 273). It is based on the principle that officeholders are agents of the popular will and should, therefore, be constantly subject to its control. Limited to matters that can be enacted by legislation, and no measures that interfere with the legislatures ability to direct taxation of necessary revenues. 3, 1 and SDCL 2-1-1 and 2-1-5). XI, 2 and AS 15.45.260). Time period restrictions before placed on the ballot: Signatures must be verified no later than Feb. 1 of the year of the general election (F.S.A. Who can sign the petition: Legal voters (IC 34-1805 and -1814). Art. 7-9-111). Arizona: A.R.S. Contributions from non-residents of the state, political committees organized outside the state, or an entity that is not filed with the secretary of state for four years preceding the contribution are prohibited (SDCL 12-27-18.2). 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). The Law of Direct Democracy Carolina Academic Press. Const. 3, 52(b) and Wyo. Attorney general prepares explanatory statements. Which election: Regular general election, unless otherwise ordered by the legislative assembly (Const. This committee is responsible for preparing the arguments for the measure and any rebuttal arguments in the information pamphlet (MCS 13-27-402). Submission deadline for signatures: No later than six months after the adjournment of the legislature which passed the act (Const. Who can sign the petition: Qualified electors (Const. For initiated state statutesorveto referendums, signatures must be gathered from 5% of qualified electors in each of one-third (34) of the state's 100 legislative districts (MT CONST Art. Art. Geographic distribution: 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 previous election. 22-24-407). If passed by legislature, it is subject to the referendum (M.C.L.A. Where to file with: Secretary of state (Neb. Citizens come up with and vote on their own laws Pros: 1. Allowed to pay another for their signature: Prohibited (AS 15.45.340(c)). 19, 2; N.R.S. 2, 1). Must obtain a petition entity license before circulating petitions or paying circulators. 250.036).

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