1953 20A-7-206; 20A-7-206.3; 20A-7-207). 5, 1), Ballot title and summary: Title board (C.R.S.A. Citizen initiatives and popular referenda are two forms of direct democracy. 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706, Washington: RCWA 29A.32.010; 29A.32.031; 29A.32.040; 29A.32.070; 29A.32.080, Arkansas (Arkansas Const. In the indirect process, the proposal is submitted to the legislature. . States also have varying processes for reviewing petitions. What is a referendum quizlet? b. organize direct mailings. Omissions? VI). Art. Art. (21-A M.R.S.A. Cure period for insufficient signatures: If a petition is insufficient, a period of 20 days is allowed for correction (Const. Circulator requirements: At least 18 years old,a Utah resident and paid circulators must wear badges (Utah Code 20A-7-303(3)). Types allowed: Direct initiative for statutes and constitutional amendments and popular referendum, Single subject rule: Yes (V.A.M.S. Ballot title and summary: Attorney general drafts ballot title and prepares a statement to be printed in italics immediately preceding the ballot title on the official ballot. c. throughout the entire campaign 1953 20A-7-203). Who can sign the petition: Qualified electors (NDCC 16.1-01-09(2)). Circulator requirements: Age 18 or older (Elec. Timeline for taking effect: An act rejected by referendum is void 30 days after certification. 4, 1, Pt. Must also be verified on the back of signature sheets by the person who circulated those sheets by an affidavit along with the signature and title of the officer before whom the oath was made (34 Okl.St.Ann. The constitutions of several states of Africa and Asia incorporate provisions intended to promote closer citizen participation in government, but generally what is called for is not true referendum or initiative but rather some form of plebiscitary device to support regimes or policies. Cure period for insufficient signatures: Upon notice that the petition was improperly filed, sponsors may amend and correct the petition by circulating and filing a supplementary petition within 10 days of the date that notice was given if 90 days have not expired after the adjournment of the legislative session in which the act was passed (AS 15.45.400). Circulator requirements: Resident of South Dakota who is at least 18 years old (SDCL 12-1-3). Proponent organization and requirements: Proponents and opponents register with board of elections (10 ILCS 5/28-9). A referendum bill must be passed by both houses of Commonwealth Parliament, therefore, government ultimately controls the initiation of Referendums. 48, Gen. Art. d. devolve into anarchy. Massachusetts: at least 30% (Const. 19, 2), Ballot title and summary: Secretary of state, in consultation with the attorney general (N.R.S. For direct constitutional amendments, a timeline beginning on Sept. 1 before the general election it is to be voted upon and ends on the third Tuesday of June of an even-numbered year. Art. 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. For amendments, unless specified otherwise, July 1 following approval (MCA 13-27-105; MT CONST Art. Code reviser issues certificate of review (RCWA 29A.72.020; 29A.32.040; 29A.32.060). 7-9-104). 250.045; 250.067; 250.035; 250.036; 250.075. 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. Art. Art. Timeline for taking effect: For statutes, 10 days after the date of the official declaration of the vote, and for amendments, 45 days after election (M.C.L.A. 100.371; 16.061). Const. Illinois: For accuracy and fairness, the attorney general may rewrite arguments for or against prepared by legislature. Art. 4, 1, Pt. 3, 52). 1953 20A-7-213). Which election is a measure on: Biennial regular general election (C.R.S.A. XLVII, Pt. These guidelines may include an application process, registering a certain number of sponsors, submitting the full text and an explanation of the measure, affidavits, the office or offices to file with, registering a proponent or opposition organization, campaign finance issues and the process for withdrawing a referendum. For a direct initiative, unless otherwise specified, they do not take effect until five days after the date of the official proclamation by the governor (U.C.A. 3, 52(e) and Wyo. Art. Proponents must file reports of payments made to signature gatherers. 3, 1 and SDCL 2-1-5). Number of signatures required: 5% of the whole number of votes cast for governor in the last election. Art. 116.030). Submission deadline of signatures: Have 120 days before election for amendments, and 160 days before election and not less than 10 days before legislative session for statutes (M.C.L.A. What distinguishes a ballot initiative from a referendum quizlet? 34-1801a, 34-1804, 34-1809, Illinois: ILCS Const. A deposit of $100 is required; deposit is refunded if the petition is properly filed and retained if it is not properly filed (AS 15.45.260 and .270). Const. Art II, 10 and Elec. 7-9-108). b. an open primary. 5, 11; Art. If 110 % or more, the petition passes. Art. Number of signatures required: 6% of the total votes cast for the office of governor in the last election (OH Const. Signature gathering begins on a date specified by the secretary of state and cannot be less than 15 or more than 30 days from the date when all appeals and rehearings have been resolved or have expired. Number of signatures required: 5% of the number of votes cast for all candidates for governor in the last general election (Const. 2, 3; Const. Vote requirement for passage: Over 50% of those voting in the general election (Const. Verification: Counts total number and then takes 5 % random sample to verify signature accuracy (A.R.S. Stat. Who creates petitions: Secretary of state creates templates, including cover and signature sheets (O.R.S. 3501.38). Const. 3, 18 and 21-A M.R.S.A. Govt. Although this is not always the case, legislative referenda tend to be less controversial than citizen initiatives, are more often approved by voters than citizen initiatives, and often receive higher vote thresholds. Ballot title and summary: Secretary of state drafts title (21-A MRS 905-A and 906). Conflicting measures: Measure receiving most affirmative votes prevails, even if it did not receive the greatest majority of affirmative votes (V.A.M.S. a. prospective voting. Art. Who creates petitions: The proponents (Miss. 2, 10), Timeline for taking effect: Day after the election unless otherwise specified (Cal.Const. Const. What is a common way for interest groups, corporations, and political parties to aid a candidate while Art. Submission deadline for signatures: Petitions must be filed within 90 days after the legislature at which the act sought to be referred was passed shall have adjourned sine die or for more than ninety days (Const. 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. Circulator requirements: Must be qualified to register to vote pursuant to 16-101. Repeal or change restrictions: None (Const. 1953 20A-7-206). Single subject rule: Yes (Const. Geographic distribution: 15% of the total vote cast in the last election in at least of two-thirds of counties (Const. 3, 4; Art. Paid per signature: Prohibited (SDCL 12-13-28). Steps for an Initiative to become Law Write the text of the proposed law (initiative draft). Tit. 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). Two states require supermajorities for laws that seek to alter specific topics. The next statewide election unless the legislature or governor convenes a special election for it or the governor designates a vote at the primary election. General election, and signatures must be verified no later than Feb. 1 of the year of the general election. When candidates for office sponsor hearings, undertake inspection tours of disaster areas, or meet with Law 7-105. What unusual act did the Texas legislature perform in 2002? Verification: The circuit clerk of each county in which the petition was circulated will verify the name of every qualified voter who signed the petition (Miss. LXXXI, 4). 3, 51). Art. Art. 14, 3, 10 ILCS 5/28-2, Massachusetts: M.G.L.A. Some states offer no assistance or advice to initiative proponents on the draft of their proposed law. 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). To account for double-signing, the secretary will apply at least an 8 % duplication rate to the first sampling. 116.030). V, 1(3), "The filing of a referendum petition against any item, section, or part of any act shall not delay the remainder of the act from becoming operative.". XLVII , Pt. III, 5(1)). 168.471 and M.C.L.A. 2, 9; M.C.L.A. Art. 22-24-402). 19-123 and A.R.S. II, 1b; O.R.C. 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. Art. 116.030). d. Kennedy's aggressive use of push polls, especially in the Northeast. Cannot have had a penalty for violation of title 16 (election laws) or title 19 (initiative and referendum laws) in the past five years, been convicted of treason or a felony and has not been restored to civil rights, or been convicted of any offense related to fraud, forgery or identity theft. Cal.Elec.Code 9005; Cal.Gov.Code 12172. Any contribution of $500 or more in the last 13 days before an election is to be reported within 24 hours. Petitions are valid for one year, and deadline of 90 days before the first day of the legislative session. 1 a : the principle or practice of submitting to popular vote a measure passed on or proposed by a legislative body or by popular initiative b : a vote on a measure so submitted 2 : a diplomatic agent's note asking for government instructions Did you know? 1953 20A-7-204). The requirement may be waived by a two-thirds vote in each house of the legislature. Types allowed: Citizen initiative for statutes and popular referendum, Other subject restrictions: No restrictions (Const. Who creates petitions: Lieutenant governor (Const. Art. 11 5). d. All of the above are tasks of the campaign consultant. Art. Statewide general election, and 90 days before the first day of the legislative session and the first five measures make it on the ballot. Which election is a measure on: The next general election after signature petitions filed, a legislative session has convened and adjourned, and 120 days after the legislative session adjournment (W.S.1977 22-24-319). Verification: Verification method not specified, but "In considering the sufficiency of a referendum petition the burden of proving that all signatures appearing on the page are genuine and that the signers are qualified electors of the county named on the page and are in all respects entitled to sign the petition shall be upon the sponsors of the petition, if it is apparent beyond a reasonable doubt to the secretary of state that twenty percent or more of the signatures on any one page thereof are fictitious, forged or otherwise clouded, or that the challenged petitioners were ineligible to sign the petition, which fact was known or could have been ascertained by the exercise of reasonable diligence on the part of the person soliciting the signatures on that page" (NMSA 1-17-11). Another 10 states allow petition sponsors to draft the title and/or summary, in some cases with approval by a state official. Submission deadline of signatures: Signatures must be filed one year prior to the election (SDCL 2-1-1.2). Application process information: The sponsor must file a copy of the measure signed by 1,000 electors (and not more than 2,000) with the secretary of state, along with the text of the measure, whether they plan to use paid circulators, and designating three chief petitioners (O.R.S. 3, 3; NDCC, 16.1-01-09), Ohio (Const, Art. Where to file with: Secretary of state (Neb. referendum and initiative, electoral devices by which voters may express their wishes with regard to government policy or proposed legislation. Also requires full disclosure of campaign staffers. 1953 20A-7-203 and include notice to signers, date, room for signatures, title of the initiative, the fiscal impact statement, a warning, language about a tax increase if applicable, and signed verification by the circulator (U.C.A. Proponents must file reports of payments made to signature gatherers (IC 67-6612). Code Ann. Public review or notice: The attorney general submits a draft ballot title and the public may submit written comments regarding it, which the attorney general may use to revise the title. Const. IV, 1). Subject restrictions: Acts making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act are not subject to referendum (Const. The chief petitioners may withdraw at any time before submitting the total number of signatures for verification. MS Const. 2, 3), Who creates petitions: Secretary of state (M.G.L.A. V, 1), Collected in-person: Yes (A.C.A. Withdrawal process of individual signature: By giving written notice to the lieutenant governor before the date the petition is filed (AS 15.45.350). referendum and initiative, electoral devices by which voters may express their wishes with regard to government policy or proposed legislation. 168.32). II, 1g; Art. Subject restrictions: The power of referendum does not extend to acts making appropriations for state institutions or to meet deficiencies in state funds (Const. Application process information: File an exact printed copy of petition as it will be used for signature gathering (A.C.A. Art. Members of the major political parties chose their own nominees. 5, 1; M.G.L.A. Delivered to your inbox! Prov., Pt. Circulator oaths or affidavits: Either the sponsor or circulator in accordance with W.S. 4, 2; Constitution 48, Init., Pt. 5, 1; A.C.A. These include filing reports and designating organization officers. Art. Petitions must be filed by 5 p.m. on the 90th day after the applicable legislative session adjourns sine die. If signatures are determined to be insufficient, an additional 10 days is allowed to gather more signatures. Petition title and summary creation: The secretary of state (W.S.1977 22-24-310). 116.334). Art. Code 104). Art. 7-9-105). 6, 22), Washington (RCWA Const. CONST. Stat. 3, 52). Stat. Art. 5, 1; C.R.S.A. Art. Code 9006). Art. 15, 273), Ballot title and summary: Attorney general (Miss. Some states place restrictions on how sponsors may pay petition circulators. Secretary drafts a summary of 100 words or less, approved by attorney general (Mo.Rev.Stat. 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. Proponent financial disclosure requirements: Include but may not be limited to no anonymous contribution in excess of $25, disclosure of contributors, corporations and labor organizations are allowed to make contributions and expenditures, following timelines and deadlines apply for filing reports (V.A.M.S. II, 9(b) and Elec. II, 1c and 1g). 5, 1). Campaign ads try to reach independent and undecided voters. 3501.38). Ballot title and summary: Proponent and approved by the attorney general, is the title for both the petition and ballot. Timeline for collecting signatures: Eighteen months (V.A.M.S. In Nebraska, the total number of signatures is based upon the total number of registered voters in the state. Proponent organization and requirements: Must also file statement of organization (SDCL 12-27-6). 116.110). Proponent financial disclosure requirements: Include but may not be limited to regulations on contributions, deadlines for filing reports, airing electioneering advertisements, statements, political communications, solicitation from certain groups and expenditures (O.R.C. Repeal or change restrictions: Amend or repeal must be approved by voters, unless the original measure permits amendment or repeal without voter approval (Cal.Const. III, 6). 295.0575), North Dakota (NDCC Const. Must be signed by at least 100 qualified voters as sponsors. 39. Allowed to pay another for their signature: Prohibited (SDCL 12-26-15). In the U.S., the terms initiative and referendum refer to processes that allow citizens of states to vote on particular pieces of legislation.. Then, select a topic from the column at the left for comprehensive information or select a state in the map for state-specific information. Geographic distribution: None, but petition sheets are organized by county (A.R.S. Art. 5, 2; 34 Okl.St.Ann. c. a U.S. senator. 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). A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter 37. Collected in-person: Yes (A.R.S. 3, 18). The supervisor is paid 10 cents by the sponsor for every signature checked if they paid circulators (F.S.A. Other subject restrictions: Cannot stop emergency laws passed by the legislature or appropriations to support state departments or institutions (NDCC Const. Timeline for taking effect: The first day of July after the completion of the official canvass (SDCL 2-1-12). Circulator requirements: US citizen and at least 18 years of age (Wyo. 19, 2; N.R.S. The very last step in the process of electing a president is the ______ . III, 5(2)). Application process information: A prospective petition must be filed with the secretary of state. Repeal or change restrictions: Can only be changed by a vote of the people. Art. The secretary of state consults with the legislative counsel for any technical suggestions, which will be posted to the secretary's website. Circulator requirements: Must be 18 years old and registered with the secretary of state. 100.371), Ballot title and summary: Sponsor, approved by secretary of state, reviewed by attorney general (F.S.A. d. Most European nations do not elect representatives, 13. Proponent organization and requirements: Petition sponsors may not gather signatures without first forming a ballot issue committee (Elec. 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. Which activity occurs during the convention period? Where to file with: Secretary of state (NDCC Const. Prepared by the Office of Fiscal and Program Review. Const. Art. When a change is proposed to the State or Commonwealth Constitution, a referendum is held to gauge the opinion of electors about the proposed change. No registered sex offender may circulate a petition unless the person is in the employ of and under the immediate supervision of another person and under circumstances which preclude any contact with children. General review of petition: Upon request, any agency in the executive department shall assist in reviewing and preparing comments on the petition (C.R.S.A. Withdrawal process of individual signature: File a written request including the voter's name, residence address and signature with the appropriate county elections official prior to the day the petition is filed (Elec. Art. a. winner-take-all And no signature "collected prior to a November general election at which a governor is elected shall not be filed after the date of that November general election" (M.C.L.A. Circulator oaths or affidavits: Official sponsors must sign at least two-thirds of the petitions (DCL 2-1-1.2). 32-1405). III, 8). 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). Secretary of state must establish by rule and collect filing fees (RCW 43.07.120). 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). Const. Art. Photo identification requirement Which amendment ended poll taxes in 1964? For direct constitutional amendments, it is nine months and three weeks. Art. CONST. 1-40-108. * See also: 2011 N.D. Op.Atty.Gen. III, 4). a. personal wealth that a candidate uses. 3, 4; Art. c. It is the practice of voting directly for proposed laws. Art. 5, 1). Amend. It builds candidate awareness and generates their support. Time period restrictions before placed on the ballot: If 60 days do not so intervene between submission of the petition and the date for holding the next state election, then such law shall be submitted to the people at the next following state election, unless in the meantime it shall have been repealed (Const. Application process information: Copy of petition must be filed not earlier than Aug. 1 of the year before the year in which the election will be held (Const. Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. Time period restrictions before placed on the ballot: If sufficiency is being reviewed at the time the ballot is being prepared, the measure shall be placed on the ballot and no subsequent decision shall invalidate it if it is approved by a majority of voters (Const.
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