Who can sign the petition: Qualified registered voter (W.S.1977 22-24-313). Records must be kept of contributions and expenditures. Number of signatures required: Ten % of votes cast for all candidates for governor in previous election for statutes. The increase in any such appropriation for maintaining or aiding any public institution shall only take effect as in the case of other laws, and such increase or any part thereof specified in the petition, may be referred to a vote of the people upon petition (Const. What is the difference between referendum and initiative. Code Ann. Rev. 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. Biennial regular general election, with submission deadline three months and three weeks prior to election. Number of signatures required: 5% of total votes cast for all candidates for governor in the last general election (Const. For indirect statutory initiatives, after turning in original 3 percent of signatures, proponents must return next batch of signatures (another 3 percent) within 90 days of the legislature not enacting or amending a measure. Must register organization (5 ILCS 20, 10 ILCS 5/28-9). 48, Init., Pt. Proponents may suggest title (OH Const. Reports of expenditures and contributions received are required quarterly in nonelection years and monthly, March through November, in election years. Prepared by joint legislative budget committee staff. Where to file: Secretary of state (OR CONST Art. 1953, Const. Art. Where to file: Secretary of state (Const. Number of signatures required: 5% of the whole number of votes cast for governor in the last election. 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. Art. Furthermore, statutes allowing or requiring paying per signature have been overturned by the courts. A person also qualifies as a ballot measure committee if 2% or more of its annual revenues, operating expenses or funds are used to make contributions to another ballot measure committee which exceed $10,000 in value. Art. Who can sign the petition: Electors (Const. 3, 20 and 21-A MRSA 901). 4, Pt. 100.371), Geographic distribution: Signatures in each of one-half of the 27 congressional districts of the state (F.S.A. Verified answer. 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. Submission deadline for signatures: Not more than 90 days after the final adjournment of the session of the general assembly that passed the bill on which the referendum is demanded (Colo. Const. The legislature can provide for a different effective date with a two-thirds vote of the membership of each house (Const. Art. Art. However, the bans in North Dakota and Oregon were upheld by federal circuit courts. 3, 4). 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. 116.090). Proponent organization and requirements: At the time of filing a draft, proponents must designate the names and mailing addresses of two people who will represent the proponents in all matters related to the petition (CRS 1-40-104). What is on each petition: Petition must include full and correct title and text of the law (Const. Proponent organization and requirements: None specified. Art. referendum: [noun] the principle or practice of submitting to popular vote a measure passed on or proposed by a legislative body or by popular initiative. 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. Art. 106.19), Allowed to pay another for their signature: No prohibition found, Number of signatures required: Eight pecent of total votes cast statewide in last presidential election (F.S.A. . 19, 2; American Civil Liberties Union of Nevada v. Loma [2006]; N.R.S. If a person is recalled they are put back through an election. 53 7. Initiatives, Referenda and Recall - Green Party of California 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. Verification: The regular boards of judges, clerks and officers count all of them (I.C. Art. The title of the act subject to the petition appears on the petition. 5, 1), Timeline for taking effect: Thirty days after the election unless otherwise specified in the act (Ark. XVI, 1; O.R.C. 3, 2), Proponent organization and requirements: No additional. 34-1811, 34-1813). 34, 25). Prepared by chief legislative budget officer. 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., MS Const. St. 32-630; 32-628). Const. 3; Const. Ballot title and summary: Secretary of state drafts title (21-A MRS 905-A and 906). 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. If statute petition is passed by the legislature, then it is subject to the referendum. Withdrawal process of individual signature: Signatures may be withdrawn up to the time of submission of the petition. Art. However, in about half of the 24 initiative states, proponents can get drafting assistance to improve the quality and consistency of initiative proposals. They may also submit their own alternative ballot measure to the people if it is different but under the same subject area. 116.110) to the simple crossing out of ones name in Idaho (I.C. Verification: The secretary of state shall by rule designate a statistical sampling technique to verify whether a petition contains the required number of signatures (ORS 250.105). Ballot title and summary: Attorney general (Elec. Timeline for taking effect: The date of the official declaration of the vote thereon by proclamation of the governor, but not later than thirty days after the vote has been canvassed (Const. Statement of organization must be filed not later than 15 days after the committee made or received contributions or paid expenses in excess of $500. Fiscal review: Prepared by the office of financial management, in consultation with the secretary of state, the attorney general, and any other appropriate state or local agency (RCWA 29A.72.025). Art. Cannot be a person once convicted of, or who has pled guilty to crimes involving forgery, Criminal background check done for paid circulators with additional restrictions, Cannot in last five years have been convicted of a crime involving fraud, forgery, or identification theft or subject to a civil penalty due to an election offense. After translating an article, all tools except font up/font down will be disabled. Application process information: A prospective petition must be filed with the secretary of state. 1-40-104, 1-40-105, 1-40-111, 1-40-135). Proponent organization and requirements: Must obtain certificate of review from attorney general and file petition with secretary of state (I.C. Who creates petitions: Sponsors (IC 34-1805). Vote requirement for passage: Majority (Const. 12, 2; M.C.L.A. 19, 3; N.R.S. 1953 20A-7-204). Art. 3, 1 and SDCL 2-1-1 and 2-1-5). Code 107). Art. 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. 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. VI). 1-40-113). What is on each petition: Serial number, name and address of paid circulator, and contents approved by secretary of state (F.S.A. Oregon requires the election as a whole to have had at least 50 percent voter turnout, but only requires a majority to pass (OR Rev. 1953 20A-7-212). answer choices. and the remainder of the required signatures shall be filed not later than the first Wednesday of the following December. After review by legislature, the second 0.5 % of signatures are to be collected between mid-May and July. They also randomly select signatures on each page and compare them to the electors' signatures in the registration records. Proponents submit descriptive ballot title reviewed by attorney general. Submission deadline of signatures: Ninety days before the first day of the legislative session (Miss. II, 1g; Art. Art. 5, 1). V, 1(3)). Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). 7-9-104). Amend. 22-25-101). 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. Const. 5, 1). 48, Init., Pt. LXXXI, 4). The descriptive title, which is printed below the official title on the ballot, is written by the secretary of state with the approval of the attorney general. Ballot title and summary: The Office of Legislative Research and General Counsel numbers the propositions and proposes a descriptive title summarizing the contents of the measure. 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. 23-17-29), Missouri (V.A.M.S. Art. 3, 52(c)(i)). Const. Recall. A referendum petition with a minimum of 459 valid signatures must be filed within 30 days after the Council action. Art. 3519.01). Vote requirement for passage: Majority (Const. Eight% of votes cast for the office of governor at last regular gubernatorial election prior to submission of the signatures for verification. 22-24-407). Timeline for collecting signatures: Signatures are valid for two years, but a petition can circulate indefinitely (F.S.A. II, 1g). Const. Verification: "The Legislature may authorize the Secretary of State and the other public officers to use generally accepted statistical procedures in conducting a preliminary verification of the number of signatures submitted in connection with a referendum petition or an initiative petition, and for this purpose to require petitions to be filed no more than 65 days earlier than is otherwise required by [the constitution]" (Const. Fiscal review: Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures (O.R.C. Then Circulator oaths or affidavit required: Yes (Const. . There has been one exception: The case Initiative and Referendum Institute v. Jaeger (2001) in North Dakota upheld the ban on paying per signature. Who can sign the petition: Legal voters (IC 34-1805 and -1814). 4, Pt. Const. See Elec. 4, 5), Forty percent in Mississippi (MS Const. Submission deadline for signatures: Must be submitted before 5 p.m. no later than the earlier of 30 days after the first individual signs the petition or 40 days after the legislative session ends (Utah Code 20A-7-306(1)). 5, 1 and A.C.A. For constitutional amendments, from 44 of 88 counties, signatures from 5% of the votes cast for governor in each county in the previous election. 13, 1). The secretary of state writes arguments for and against the measure with information provided by proponents and opponents (Neb.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. 34-1812c). Verification: For each signature, county clerk verifies if the person is a registered voter (Utah Code 20A-7-306(3) and -306.3). The use of the device gained momentum with the emergence of groups concerned with specific issues such as civil rights, abortion, capital punishment, nuclear power, tax policies, handgun control, and the environment. II, 1g and ORC 3501.38). II, 9). These serve as the petition title (MCA 13-27-312). (Const. What is on each petition: Must include title and complete text must be attached (MCA 13-27-201). Const. 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. Proponent financial disclosure requirements: 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 (Ethics Commission rules 2.79 and 2.80). IV, 1). All 23 popular referendum states require a simple majority to pass a popular referendum. Art. Stat. This deadline pertains to when counties must submit petitions with verified signatures to the secretary of state. What is an initiative referendum and recall? - Short-Fact Art. II, 1(c)). III, 5(1) and MCA 13-27-202). Petition title and summary creation: The title of the bill being referred is included on the petition (34 OS 1). Circulator requirements: Must be Montana resident (MCA 13-27-102; 1-1-215), Circulator oaths or affidavits: Yes (MCA 13-27-302), Paid per signature: Cannot be paid based on the number of signatures collected but can be paid in general (MCA 13-27-102; 13-27-112). Art. Art. Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. III, 4), Timeline for taking effect: Ten days (Ne.Rev.St. Application process information: At least five sponsors must apply, each of whom is registered to vote in Utah. Art. Art. 3519.04). Petition title and summary creation: Attorney general (I.C. II, 9(b) and Elec. Art. Majority to pass: Initiative amendments proposed by the people and their legislative substitutes must receive at least 30 % of the total number of ballots cast in the election and a majority of the voters voting on the measure (Massachusetts Constitution 48, Init., Pt. IV, 1), Ballot title and summary: Attorney general (O.R.S. LXXXI, 4). 5, 1). V, 2). Const. 9 23), Application process information: File application with secretary of state, including organization name and officers and other information, summary and text of proposed law, and must also file a statement of its organization (A.R.S. Geographic distribution: 15% of the total vote cast in the last election in at least of two-thirds of counties (Const. Public review or notice: A public pamphlet includes the analysis prepared by the legislative council, arguments for and against and the fiscal statement. 353, 354). The same ballot title and popular name that appeared on petitions (drafted by sponsors) is submitted by the secretary of state to the board of canvassers for certification. If a congressional district has 90 % of the needed valid signatures, the petition fails in that district. Time period restrictions before placed on the ballot: To be voted on at the next regular or general election subsequent to 125 days after the supplementary petition is filed (OH Const. 168.472). 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. Const. 5, 1). Art. Art. 1-40-130, 1-40-111), Number of signatures required: Five % of votes cast for secretary of state in last election (C.R.S.A. Proponent financial disclosure requirements: Sponsoring committee must file a statement of renumeration prior to circulating signatures if circulators will be paid (NDCC 16.1-01-12(1)(j)). This was held to be constitutional. Art. Art. Const. 5, 1). 250.025). General election, but governor and legislature may call special elections, and certified ballot title is due at least 65 days before the election. Geographic distribution: The required signatures must be distributed equally among all of the petition districts (NRS 295.012 and NRS 293.127563). General review of petition: The Citizens' Initiative Review Commission reviews measures and may create a citizen panel to review specific ones (O.R.S. Reports of contributions and expenditures must be filed no later than the eight day before the election, the 30th day after an election and the 15th day following the close of each calendar quarter. Amend. Art. Code Ann. Signature pages must include description of subject and purpose of petition, a fair and accurate summary or the full text, a statement to which each signer subscribes, spaces for signatures, spaces for signers' county and space for the required affidavit. Submission deadline for signatures: No later than six months after the adjournment of the legislature which passed the act (Const. 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. Proponent financial disclosure requirements: Include but are not limited to considered same as political action committee, quarterly reports, deadlines for filing reports on specific dollar amounts of contributions, information on donors, full disclosure of campaign staffers, no limit on amount of money a contributor may give to political action committee (see 21-A M.R.S.A. 130.021). Circulator requirements: According to secretary of state's. The states vary in the number and the baseline used to determine the number of signatures required. 19-123), General review of petition: Proponents may submit proposed bill to director of the legislative council for review (A.R.S. 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 chapter34.05RCW. 116.110). Verification: Random sampling (SDCL 2-1-16). 19, 3; N.R.S. Which election is a measure on: A referred measure may be voted upon at a statewide election or at a special election called by the governor (NDCC Const. Fifteen states follow a single-subject rule: Nine states do not have a single-subject rule: Arkansas, Idaho, Illinois, Maine, Massachusetts, Michigan, Mississippi, North Dakota and South Dakota. Who creates petitions: Secretary of the commonwealth (Const. 116.060). If the people are dissatisfied with and want to change the actions of government, or if the government wants to get public approval for a given policy, these three devices are available. 2, 9; Const. XVI, 3(b)). Circulator oaths or affidavit required: Yes (AS 15.45.360). An optional random sampling process must be provided. Cal.Elec.Code 9014; 9016; Cal.Const. For indirect statutory initiatives, the timeline begins on Jan. 1 of the year preceding year in which a regular session of the legislature is held and then filed by the second Tuesday of November in an even-numbered year, or the next day (N.R.S. 113 (Nov. 2020) as a reference. 2, 3), Michigan (M.C.L.A. And, must also be submitted to the appropriate officials of cities, towns or plantations, or state election officials as authorized by law, 10 days before it's due with the secretary of state (M.R.S.A. Initiative. Art. XLVII, Pt. Montana, Nebraska and New Mexico have two signature thresholds: The first is sufficient to trigger a referendum vote, and the second, higher amount triggers a referendum vote and also suspends operation of the law in question until the election. Const. Must be a true and impartial statement of the purpose of the measure (MCL 168.482b and 168.22e). A report is also due no later than the 15th day after the deadline for filing the referendum petition (Mo.Rev.Stat. Petition title and summary creation: Petition must include a summary of 100 words or less (MCL 168.482). 902) concisely require the counting and verification of signatures, without detailed guidance. Paid per signature: No ban, but must state employer if paid (O.R.C. Timeline for collecting signatures: Signatures may be signed at any time after an act is passed (Const. Withdrawal of petition: Proponents may withdraw a measure at any time before filing the petition (Elec. 8). In an example we calculated the variance and standard deviation for Location 1 of Gilotti's Pizzeria restaurants. Proponent financial disclosure requirements: Must obtain a petition entity license before circulating petitions or paying circulators (CRS 1-40-135(2)). Monthly reports are due on the 10th for any preceding month in which total contributions received or total expenditures made exceed $200 (RCW 42.17A.235). AB 45; 30). Art. Majority to pass: Yes (V.A.M.S. Art. 15, 273; Miss. CONST. Must report contributions received if in excess of $20 and all expenditures quarterly in off-election years, on the first Monday in May and every two weeks thereafter before the primary election, on the first day of each month beginning with the sixth full month before a major election, on the first Monday in September and on each Monday every two weeks thereafter before the major election, and thirty days after the major election (CRS 1-45-108). IV, 1). Art. 3519.21; 3519.01; 3519.03), What is on each petition: Full copy of the title and text of the law, room for signatures and information of signers, a signed circulator statement, circulators name and address, name of employer of circulator, summary, attorney generals certification, a notice, and names of at least three of the committee members sponsoring the initiative (OH Const. N.R.S. 3519.03; 3519.01; 3519.062; 3505.063). Const. Art. 3; Const. Art. Must include a warning about unlawful signing, a circulator affidavit and a notification as to whether the circulator is paid or volunteer. 21 1 and A.R.S. St. 32-1405). 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. See. Other subject restrictions: Measure provisions cannot be dependent upon meeting certain vote %age. The secretary of state will also conduct at least one public hearing in each congressional district on each ballot measure (Miss. Const. 3, 18 and 21-A M.R.S.A. Massachusetts, Ohio and Utah use this sort of process. 2, 19; Amalgamated Transit Union Local 597 v. State of Washington, 11 P.3d 762, 2000), Other subject restrictions: None (RCWA Const. Art. Art. For direct initiatives, 10 % of the cumulative total of all votes cast for U.S. president. Submission deadline for signatures: Must be filed within 90 days of when the applicable legislative session adjourns sine die (AZ Const. All campaign finance activity must be conducted through a campaign finance entity. Which election is a measure on: Only regular state, congressional and municipal elections (Ark. Allowed to pay another for their signature: Prohibited (NSR 295.300). Application process information: For statutory indirect initiatives, proponents must file a copy of the text with the secretary of state no earlier than Jan. 1 of the year preceding the year in which a regular session of the legislature is held. Const. Must report name and address of donors of $50 or more. Art. 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. Paid per signature: Prohibited (Const. Petitions must be submitted not later than 90 days after the final adjournment of the legislature; if that deadline falls on a Saturday, the office of the secretary of state must be open from 8 a.m. to 5 p.m.. Const. 1(9) and ARS 19-112). 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. Once this power is secured the other popular govern-ment features will be added, until conventions, the ready instru-mentality of the political dictator, will be abolished and the direct primary, corrupt practices act and recall will be established. Art. Nine states do not include a process in statute for an individual to withdraw his or her signature. Where to file: Secretary of state (NRS 32-1405). Petition title and summary creation: Attorney general (Elec. 3, 18 and 21-A M.R.S.A. XLVII, Pt. For direct initiatives, signatures must be submitted by Feb. 15 immediately before the next general election. Const. File a letter with secretary of state, signed by designated representatives, no later than 60 days prior to the election. It is based on the principle that officeholders are agents of the popular will and should, therefore, be constantly subject to its control. 22-24-412). . 14, 11). 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. Must also file with the secretary of state not less than four months before the election at which they are to be voted on (I.C. II, 1g; O.R.C. XVI, 2). 168.482; 168.544c). For citation information, please contact the NCSL Elections and Redistricting Team.