What is on each petition: The petitions must have a copy of the bill, an impartial summary, a warning, space for signatures, and if the circulator is paid (W.S.1977 22-24-304; 22-24-310; 22-24-311). Const. 5, 57; Art. For amendments, 10% of total qualified electors of the state. Citizens vote by choosing every member of a specific party. Withdrawal process of individual signature: May not remove after official submission of petitions (O.R.S. Repeat measures: Cannot be same as a measure at either of the two preceding biennial state elections (M.G.L.A. What is on each petition: The full text of the measure, match secretary of states template, be the correct color and state if the circulator is paid (O.R.S. b. increases partisan divisions in government. Art. (21-A M.R.S.A. Considered a committee if individual raises or spends more than $5,000. Amend. 19, 3; N.R.S. d. at least 60 percent of all votes cast, plus a percentage of absentee ballots. Collected in-person: The circulator must witness each signature (OR Rev. 19, 3; N.R.S. Const. 1-40-102, 1-40-105, 1-40-106). Code reviser issues certificate of review (RCWA 29A.72.020; 29A.32.040; 29A.32.060). Art. II, 1e). 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706). For constitutional amendments, generally take effect upon passage (Opinion of the Justices (1972) 287 N.E.2d 910, 362 Mass. Petitions must be submitted by midnight within 90 days of the date the legislation was signed by the governor and filed with the secretary of state. Must include the language a committee for/against Proposition __ in any reference to the committee required by law. Petition title and summary creation: Attorney general (RCW 29A.72.060). Circulator oaths or affidavit required: Yes (IC 34-1807). What distinguishes a ballot initiative from a referendum quizlet? For statutory initiatives, 6% of total votes cast for all candidates for governor in last general election. Art. For constitutional amendments, signatures must be gathered from at least 2% of the total registered electors in each state senate district.*. Must file a statement of organization as a political committee within two weeks of organizing or within two weeks of the date the first contribution or expenditure is expected. Direct democracy takes many forms. Cannot have been found guilty of a criminal felony or a violation of election laws, fraud, forgery or identification theft, Cannot have been convicted of or pled guilty to crimes involving forgery. 19-121. Art. III, 3 and MGL ch. 48, Pt. d. Brown v. Board of Education, 22. Before the 1890s, who was responsible for printing election ballots? St. 32-628; 32-1546), Paid per signature: No ban, but must state whether the circulator is paid or volunteering on the petition (Neb. Proponent financial disclosure requirements: Include but are not limited to being a ballot question committee is treated as a type of political committee, filing electronic campaign finance reports, where a committee can spend, and unlimited contributions to a ballot question committee (M.G.L.A. Art. Art. 48, Init., Pt. IV, 1). Art. 250.045). 24. No statute found; used Prop. Majority to pass: Majority and at least 35 % of the total votes cast in the entire election (Ne.Rev.St. Idaho: Within 20 days after initial petition filing, attorney general reviews and recommends revisions in an advisory capacity. II, 1g and ORC 3519.16(F)). If amended, expires or is rejected, it goes onto the ballot. Rev. If the petition is insufficient, the sponsors have 10 extra days to collect more signatures (OH Const. Petitions carried by paid circulators must be filed on a monthly basis. XLVII, Pt. 1-40-113). 48, Init., Pt. Circulator requirements: Resident of South Dakota who is at least 18 years old (SDCL 12-1-3). What is the function of an election in a democracy? Petitions are valid for one year, and deadline of 90 days before the first day of the legislative session. One year for collection and must address written petition to the legislature. 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. N.R.S. Which of the following political officers are not subject to recall elections? 7-9-107), Legislature or other government official review: No statute, Public review or notice: Notice to be posted in statewide newspaper five months before election at expense of petitioners (Ark. 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. 11 5). In which state do registrants have to recite a Voters Oath? 34-1821), Number of signatures required: Six % of the qualified electors at the time of the last general election (I.C. Art. 1(3)). Const. Proponent financial disclosure requirements: A ballot question committee includes any person, located within or outside Arkansas, who receives contributions or makes expenditures for the purpose of expressly advocating the qualification, disqualification, passage or defeat of any ballot measure. The popular referendumallows voters to approve or repeal an act of the Legislature. 74). Const. V, 3 and OK Stat. Referendum definition, the principle or practice of referring measures proposed or passed by a legislative body, head of state, etc., to the vote of the electorate for approval or rejection. Petition title and summary creation: Written by sponsors, approved by attorney general (Const. Ballot title and summary: Submitted to Board of Election Commissioners and then certified to the secretary of state (Ark. Since then, 23 other states have included the initiative process in their constitutions, the most recent being Mississippi in 1992. 116.110). 30. Who is the incumbent? III, 5 and 6; NDCC 16.1-01-09(7). 2, Sec. Art. c. six Art. Art. Stat. This database contains state legislation related to the administration of elections introduced in 2011 through this year. Art. Fiscal review: Prepared by legislative council (CRS 1-40-105.5). XLVII, Pt. 48, Init., Pt. b. A committee formed to support or oppose a ballot measure must register by filing a statement of organization with the Ethics Commission when its contributions or expenditures exceed $1,000. 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. Const. 1-40-102, 1-40-105, 1-40-106, Florida: F.S.A. Subject restrictions: The following language applies to initiatives and may apply to referenda, This Article does not permit the proposal of any statute or statutory amendment which makes an appropriation or otherwise requires the expenditure of money, unless such statute or amendment also imposes a sufficient tax, not prohibited by the Constitution, or otherwise constitutionally provides for raising the necessary revenue" (Const. 295.015; 293.250). The practice of __________ means that district boundaries have been purposefully drawn to unfairly 2, 9; Const. Circulator requirements: Idaho resident and at least 18 years of age (IC 34-1807). Application process information: Application form will be prescribed by the secretary of state. Art. Circulator oaths or affidavit required: Yes (Const. NCSL's Initiative and Referendum Processes, 2023 by National Conference of State Legislatures, Legislative Referral (or Referendum) Overview, As 2024 Campaigns Begin, States Confront Threats to Election Workers. IV, 1b). You have to be enrolled in order to vote in a referendum. Legislature or other government official review: Attorney general and Supreme Court are part of the signature verification process and the ability of the public to protest as to the constitutionality of the measure. History [ edit] The Progressive Era was a period marked by reforms aimed at breaking the concentrated power, or monopoly, of certain corporations and trusts. Prepared by attorney general, department of finance and the legislative analyst office. They also randomly select signatures on each page and compare them to the electors' signatures in the registration records. Six states (California, Maine, Massachusetts, Nebraska, Ohio and Wyoming) require a certain number of days, ranging from 30 to 180, to pass between the date the petition qualifies and the election. The secretary of state writes arguments for and against the measure with information provided by proponents and opponents (Neb.Rev.St. Const. a. 1953 20A-7-202.5). 4, 1, Pt. Proponent financial disclosure requirements: Include but are not limited to regular reports filed with Ethics Commission, deadlines for filing, dollar amounts to report, dollar limits on contribution amounts, and no donations from PACs or anonymous contributors (A.C.A. Reports of contributions received and expenditures made must be filed at least seven days before any primary, special or general election. 21-A, ch. Verification: If more than 500 names have been signed on the petition sections filed with an election official, random sampling is used to determine the number of valid voters who have signed (Elec. c. Shaw v. Reno Code 100). The legislature may submit a competing measure to the ballot (M.G.L.A. M.C.L.A. Prov., 3. 3, 18, 20. 19, 2), Repeal or change restrictions: No amendment or repeal by the legislature within three years of enactment (N.R.S. 7-9-114). 2, 10), the legislature cannot change or alter measures on its own and must resubmit changes to the people unless the original measure passed by voters waived this requirement. Geographic distribution: 6% of the qualified electors at the time of the last general election in at least 18 legislative districts (IC 34-1805). V, 3 and OK Stat. Const. Rev. Prepared by sponsor, approved by secretary of state. Must file quarterly reports. Geographic distribution: None, but petition sheets are organized by county (A.R.S. 15, 273; Miss. Timeline for taking effect: When approved (Const. Attorney general aids summary. Does the law in question take effect before the referendum vote: Not automatically, though the law can be suspended with a higher signature threshold and an earlier submission deadline25% of the total vote cast in the last election, including 25% of the votes cast in each of 3/4 of the counties, submitted no later than 90 days after the adjournment of the legislative session (Const. a. spot ads When does public opinion polling take place during a campaign? Art. 1051, 1052, 1052-A, 1053-B, 1054, 1054-A, 1055, 1055-A, 1056, 1056-A, 1056-B, 1057, 1058, 1059, 1060, 1062-A, 1062-B, Massachusetts: M.G.L.A. a. increases political corruption at the polling booths. Art. During midterm elections, voters are electing, 6. Collected in-person: Yes (MCL 168.482a(5)).. Withdrawal process of individual signature: Not specified. 116.160; 116.180; 115.245; 116.210; 116.220). In 2002, NCSL published Initiative and Referendum in the 21st Century, an in-depth study on initiatives and referenda that includes recommendations for policymakers. 168.473b). 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. Art. 100.371). 5, 1), Repeal or change restrictions: No veto by governor, and two-thirds vote by legislature may amend or repeal (Ark. d. is allowed only if the candidate can meet every personal dollar with a dollar from
Ballot Initiatives | State of California - Department of Justice Oklahoma: Secretary of state reviews and processes the petition, along with the attorney general and the supreme court. 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. Art. These serve as the ballot title. Const. What is on each petition: Petition contains bill number, title of the act, signers statement and warning to signers and circulator verification (Utah Code 20A-7-303). Art. Clerks check the names, verify they are 18 or older, and determine if they are a registered voter. Utah requires 60 percent approval for laws that alter hunting and fishing (See Utah Const. VI). 1953 20A-7-202). 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. 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206). Withdrawal process of individual signature: Any person who alleges they signed as a result of fraud, coercion, or being intentional misleading as to the substance or effect of the petition, may withdraw their signature by filing an affidavit with the secretary of state any time before the secretary of state has accepted and filed the petition (Miss. II, 1). Art. Allowed to pay another for their signature: May not use "any fraudulent means, method, trick, device or artifice to obtain signatures on a petition" (A.R.S. Proponent financial disclosure requirements: Committees in support or opposition to a ballot measure are treated the same as political action committees. Number of signatures required: For statutes, 5 % of the total qualified electors of the state, determined by the number of votes cast for governor in the preceding general election. 903-C). Legislature or other government official review: Office of Legislative Research and General Counsel prepares an impartial analysis of the measure, to be included in voter pamphlet. Details: Every initiative state requires some form of public notice. 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 the previous election. 295.009, Ohio: Const. Application process information: No fee or application prior to circulating. Rev. Must include the signatures of at least 1,000 electors and not more than 2,000. Ten% of votes cast in last general election. (NDCC Const. 3, 52(b) and Wyo. The initiative power extends only to laws which the legislature may enact. IV, 1(10). Code Ann. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments and popular referendum. Art. 14, 3 and see Coalition for Political Honesty v. State Board of Elections (1976). Art. Stat. Art. A criminal records check is completed. For an act passed less than 45 days before June 1, the first third of the required number of signatures must be submitted within 30 days of the acts passage, and the time for filing the additional required signatures is extended another 30 days. 5, 1). Voter apathy and inability to understand the nature of the proposal, or just a lack of care for the issue may cause voters to choose to vote 'no' due to fear of change. During the 14 days before the election, reports of any communication exceeding $5,000 in the aggregate are due within one business day. In some states, the question is worded such that a yes vote is in favor of the law subject to referendum, while in others, a yes vote is in favor of repealing the law that is the subject of the referendum. Petitions must be filed 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. Proponents may amend before submission to the secretary of state (C.R.S.A. Code 103 and 9602). 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. III, 2; Art. Time period restrictions before placed on the ballot: 125 days must pass after filing petition before election (OH Const. Timeline for collecting signatures: May be circulated once the attorney general has drafted a circulating title and summary up to the 90th day after the enactment date of the statute. Const. Proponent financial disclosure requirements: 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 January 10 thereafter, unless it has filed a notice of dissolution (Utah Code 20A-11-801). Art. Art. 7-9-107). 116.153; 116.025). Geographic distribution: Not more than half may be residents of Baltimore City or of one county (Const. III, 3); next general election after the petition is regularly and legally filed with the secretary of state (NRS 32-1411). Art. L-04, 2011 WL 1130010 (July 5, 2011). Spot advertisements are useful because they 168.474a; 168.486; 168.477; 168.3, V.A.M.S. Art. Washington: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. For indirect statutory initiatives, 3 % of the votes cast for governor in the last election to submit to the legislator. Verification: Random sampling (MCA 13-27-303). Attorney general writes title and summary if original is challenged in court (F.S.A. Other subject restrictions: If there are insufficient state funds and the measure does not provide a source, it is effective 45 days after next regular legislative session (M.R.S.A. States with geographic requirements that use entities that are unequal in population, such as counties or even state legislative districts, are more likely to have the requirement challenged in court. Single subject rule: Yes (Const. Contributions of $1,000 or more must be reported within 48 hours after receipt (IC 67-6607). The committee must report on Jan. 15 of an election year all expenditures in excess of $1,000 or cumulative expenditures to one recipient in excess of $1,000 in the previous calendar year. In political science, voter apathy is a lack of interest among voters in the elections of representative democracies. A post-election report is due by Jan. 7. Art. c. decreases partisan conflict in government. Where to file: Secretary of state (ARS 19-111). Application process information: Application must be filed by 5 p.m. within five calendar days after the legislative session ends (Utah Code 20A-7-302). Vote requirement for passage: Majority (Const. St. 32-1405.01; 32-1405.02; 32-1413, Ohio: OH Const. 21 1). 34-1805), Geographic distribution: Six % of the qualified electors at the time of the last general election in each of at least 18 legislative districts, out of 35 total districts (I.C. Petition includes title, brief legislative history of the measure to be referred, full text and secretary of state's certification that the full text is correct (ORC 3519.05(C)). Art. They exist in a variety of forms. Bans on payment-per-signature have met with mixed results in the courts. How is technology used as a strategy for affecting votes? 3, 3; NRS 32-1402 and -1403, Nevada: Const. Art. Does the law in question take effect before the referendum vote: Non-emergency laws subject to referendum do not take effect until 30 days after voter approval. Petitions must be submitted either before 5 p.m. 30 days after the first individual signs the petition or 40 days after the legislative session ends, whichever is earlier. Repeal or change restrictions: Two-thirds vote required to amend or repeal, and governor may not veto (Ne.Rev.St. 250.062). 295.056. Who creates petitions: Lieutenant governor provides a copy of the referendum petition and signature sheets; sponsors print additional copies (Utah Code 20A-7-304). Time period restrictions before placed on the ballot: See timeline and deadlines. Recall referendum: A procedure to remove elected officials before the end of their term of office. Out-of-state committees that make expenditures supporting or opposing ballot propositions in Washington are required to file reports. Nebraska Const. Direct democracies may operate through an assembly of citizens or by means of referenda and initiatives in which citizens vote on issues instead of for candidates or parties. 3501.38). 22-24-405). Some have been found to be unconstitutional, largely on one person, one vote grounds. If passed by legislature, it is subject to the referendum (M.C.L.A. The secretary of state must write the question in a clear, concise and direct manner that describes the subject matter of the peoples veto or direct initiative as simply as is possible (MRS tit. 1953 20A-7-204.1; 20A-7-208; 20A-7-702). 1-40-108. Petition title and summary creation: The title of the bill being referred is included on the petition (34 OS 1). Majority to pass: Yes (Ark. b. are essentially free of charge, because the media needs to fill the "spot." XI, 2). $100; refunded if application is properly filed, Const. Const. Art. II, 1g; Art. candidate must win __________ to win an election. Code 16.1-01-10). 7-9-103), Geographic distribution: From 15 different counties, with each countys petition having signatures of at least half of the designated %age of electors of the county (Ark. In the direct process, proposals that qualify go directly on the ballot. Application process information: A petition requesting a referendum and suspension of the law must be signed by ten qualified voters and filed not more than 30 days after the law that is the subject of the petition has become law (Const. Art. Which election is a measure on: General election (SDCL 2-1-17). II, 1g). Acts making appropriations for state institutions or to meet deficiencies in state funds, Laws necessary for the immediate preservation of the public peace, health or safety, and laws making appropriations for the current expenses of the state government, for the maintenance of state institutions and for the support of public schools.