24 States may have the direct initiative, the indirect initiative or the choice of either. Const. Stat. III, 2; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. St. 32-628), Allowed to pay another for their signature: Prohibited (Neb.Rev.St. The secretary of state submits the title to the attorney general for approval when signed petitions are timely filed for verification. Timeline for collecting signatures: Petitions carried by paid circulators must be filed on a monthly basis (ORS 250.105). Art. Secretary of state and approved by attorney general. Art. For statutory, 5% of total vote for governor in last election in each of two-thirds of the state's congressional districts. What is on each petition: Petition format is addressed in Mo.Rev.Stat. Code 9001). Art. Art. Petition title and summary creation: Secretary of state and approved by attorney general (NDCC, 16.1-01-07). 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. Constitution 48, Pt. Repeal or change restrictions: No veto by governor. For indirect statutory initiatives, after turning in original 3 % of signatures, proponents must return next batch of signatures (another 3 %) within 90 days of the legislature not enacting or amending a measure. If fiscal in nature, the attorney general orders the budget director to prepare. Conflicting measures: The measure with the most affirmative votes becomes law (NDCC Const. Arizona. If the legislature does not enact the proposition, then proponents may collect the additional 5% signatures required to get the measure onto the ballot. Art. Art. Two official representatives of the proponents must attend all petition review meetings. 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). 3501.38). 116.160; 116.180; 115.245; 116.210; 116.220). Art. Art. St. 32-1405). Prepared by joint legislative budget committee staff. 22-24-407. The state must essentially pick a point in time at which to capture a snapshot of the total number of registered voters. c. representative democracy. Chief petitioners must file a statement declaring whether circulators will be paid (ORS 250.045). Application for Initiative or Referendum Serial Number. 100.371, 101.161; F.S.A. Number of signatures required: 2% of the entire vote cast for governor at the preceding biennial state election (Const. Conflicting measures: The amendment which receives the greatest number of affirmative votes shall be paramount in all particulars as to which there is conflict even though such amendment may not have received the greater majority of affirmative votes (Neb. 15, 273). Collected in-person: Yes; petition includes language verifying that each person has "personally signed" (RCW 29A.72.130). 295.056). Art. Circulator requirements: Must be an elector (Const. II, 1(d) and RCW 29A.72.030, Next succeeding general election, unless the legislature orders a special election, Const. Art. 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. Number of signatures required: For statutory, 5 % of total vote for governor in the last election in each of two-thirds of the state's congressional districts. Initiative, Referendum, Recall Flashcards | Quizlet General review of petition: Proponents may request review by secretary of state (Cal.Gov.Code 12172). Director of elections, with approval of the state board of canvassers, drafts a statement of purpose of not more than 100 words for the ballot. Const. III, 2), Oklahoma (OK Const. Art. Allowed to pay another for their signature: Prohibited (RCWA 29A.72.110; 29A.72.120; 29A.72.130; RCWA 29A.84.250), Number of signatures required: Eight % of the votes cast for the office of governor at the last regular gubernatorial election prior to the submission of the signatures for verification (RCWA 29A.72.150), Who can sign the petition: Legal voters (RCWA 29A.72.120), Collected in-person: Yes (RCWA 29A.72.120), Withdrawal process of individual signature: Only accepted before signatures are filed (People v. Hinkle [1924] 130 Wash. 419, 227 P. 861). Application must include act to be referred; statement of approval or rejection; printed name, signature, address and numerical identifier of not less than 100 qualified voters who will serve as sponsors; the designation of a referendum committee consisting of three sponsors who will represent all sponsors and subscribers in matters relating to the referendum. Subject restrictions: None (Const. Types allowed: Indirect initiative for constitutional amendments, NOTE:In 2021, the Mississippi Supreme Court. N.R.S. Art. 3; Const. Allowed to pay another for their signature: Prohibited (ORC 3599.13 and .14). Withdrawal of petition: Any time more than 70 days before the election, a majority of the members of the committee that represents the petition may withdraw the petition by providing written notice to the secretary of state (ORC 3519.08). Art. What is on each petition: The full text of the measure, the affidavit of the circulator, the name of each petition district of the registered voters signing those pages, and each petition must have a 200-word or less description on each signature page of the petition (N.R.S. A criminal records check is conducted (ORS 250.048). Application process information: Original draft of petition must be submitted to secretary of state before circulating, including a suggested popular name; secretary of state approves and certifies both or disproves and specifies each deficiency (NMSA 1-17-8). XVI, 3). Const. Repeal or change restrictions: For statutes, may not be repealed by the legislature within two years of its effective date (Const. Code 82013). Legislature may hold public hearings and must hold a committee hearing once 25 percent of signatures are collected (Cal.Gov.Code 12172; 10243; 12172; Cal.Elec.Code 9007; 9034). Proponents must file reports of payments made to signature gatherers (IC 67-6612). Art. Art. 12; 25. II, 1(b)). 22-24-416). Const. Proponent financial disclosure requirements: Prior to receiving a contribution or making an expenditure, a campaign must designate a treasurer by filing with the secretary of state (ORC 3517.10(D)). Code reviser issues certificate of review (RCWA 29A.72.020; 29A.32.040; 29A.32.060). Note that all but two of these statesMaryland and New Mexicoalso have the initiative process. Circulator requirements: Must be 18 years old and an Ohio resident (O.R.C. Must be submitted by September, then December, and then possibly July (M.G.L.A. Const. 3, 8), Timeline for taking effect: Thirty days after the election (NDCC Const. Code 23-17-3; MS Const. Six states do not have a law governing conflicting measures: Florida, Illinois, Montana, Oregon, South Dakota and Wyoming. Art. 34-1813). Stat. Art. 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. Time period restrictions before placed on the ballot: None. 1953 20A-1-201; 20A-1-203; 20A-7-206). Const. 353), What is on each petition: Fiscal impact statement, summary by secretary of state, name of circulator and statement on right of signer to read summary and fiscal statement before signing, and instructions from secretary of state (21-A MRSA 901, 903). Successful ballot initiatives can create, change or repeal state and local laws . 22-24-416). III, 2). 168.482; 168.544c). Art. Art. Art. 22-24-401, Laws related to dedications of revenue, appropriations, local or special legislation or laws necessary for the immediate preservation of the public peace, health or safety. II, 1b). 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. Petition title and summary creation: Title board, comprised of secretary of state, attorney general and director of the office of legislative legal services (C.R.S.A. 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). II, 1g; O.R.C. Code Ann. Art. III, 4), Timeline for taking effect: Ten days (Ne.Rev.St. Art. They also randomly select signatures on each page and compare them to the electors' signatures in the registration records. IV, 1(3)). 24). Does the law in question take effect before the referendum vote: Not specified. 7-9-404; 405; 406; 407; 408; 409). 901 and 1 M.R.S.A. Art. In odd-numbered years, year-end reports are required. Circulator oaths or affidavit required: Yes (Utah Code 20A-7-303(3)). Const. The same title that was drafted for the petition also appears on the ballot (ORS 250.065). License petition entity must register with secretary of state and obtain license (C.R.S.A. If such activity occurs within 30 days of an election, a statement must be filed within 48 hours. 3, 52(g) and Wyo. Proponent organization and requirements: Not specified. 19-125), Time period restrictions before placed on the ballot: No statute, Conflicting measures: The measure that receives the greatest number of affirmative votes (A.R.S. IV, 1). 3, 52(e) and Wyo. 7-9-114). Withdrawal of petition: Anytime more than 70 days before the election, a majority of the committee members may withdraw the petition by writing to the secretary of state (O.R.C. Time period restrictions before placed on the ballot: Certified ballot title is due at least 65 days before the election. 21 1; A.R.S. Code Ann. Petition title and summary creation: Attorney general (Elec. 10% of total votes cast in previous general election, 5% of votes cast for all candidates for governor in previous election, 6% of total votes cast for the office of governor in the last general election, 5% of votes cast for all candidates for governor in the last gubernatorial election, 5% of votes cast for secretary of state in last election, 6% of the qualified electors at the time of the last general election, 10% of the total votes cast for governor in the last gubernatorial election, 3% of the votes cast for governor at the preceding biennial state election, 2% of the entire votes cast for governor at the preceding biennial state election, 5% of total votes cast for all candidates for governor in the last general election, 5% of the total vote cast for governor at the last election. Art. Submission deadline for signatures: Not less than four months prior to the next general election (Const. 3, 4; MCA 13-27-301; 13-27-202). Legislature or other government official review: Reviews done by attorney general and legislative services division. Ballot title appears on the petition (RCW 29A.72.120). 5, 1 and A.C.A. Collected in-person: Yes (U.C.A. Circulator oaths or affidavit required: No.
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