initiative referendum and recall are examples of quizlet
Petition title and summary creation: Sponsors draft title (ARS 19-101(A)). Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. 12, 2; M.C.L.A. Ban struck down by courts (RCWA 29A.84.280; LIMIT v. Maleng, 1994). Code 84107). Art. 116.030). Art. Ballot title and summary: Attorney general after receiving written comments from the Legislative Research Council (SDCL 12-13-25.1). 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. question. Submission deadline of signatures: 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. Timeline for collecting signatures: Within 316 days after the day on which the application is filed,within 30 days after the day on which the first individual signs the initiative packet or the April 15 immediately before the next regular general election immediately after the application is filed (U.C.A. The requirement states that a petition must garner valid signatures from six of the state's nine congressional districts that equal 5 % (for a statutory proposal) or 8% (for a constitutional proposal) of the votes cast for governor in that district in the last election. Vote requirement for passage: Majority (Const. Att'y Gen. No. Nine states do not include a process in statute for an individual to withdraw his or her signature. 48, Init., Pt. Pre-election statements must be filed 40 and 12 days before the election. 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. Repeat measures: More than two elections on the same general matter cannot be held within 12 months (NDCC, 16.1-01-11). Reports of contributions and expenditures of $500 or more must be made within 2 days between the 25th day of the month before an election and the day of the election (MCA 13-37-226). Several states require two officials to write or review the title and/or summary, given their importance to a ballot measure. Submit initiative draft to the Attorney General for official title and summary . 1(9) and ARS 19-112). In order to receive contributions or make expenditures in excess of $1,500 in a calendar year, groups must form a committee for political action and register with the secretary of state. 21). 1-40-111), Withdrawal process of individual signature: Written request prior to submission of signed petitions (C.R.S.A. 250.036). required vocational training programs for children. Its success in 1978, despite the strong opposition of the governor, state legislature, and the bureaucracy, prompted tax revolts in several other states. Art. III, 5). Law 13-202). 19, 1 and NRS 293.12757). Art. No statute found; used Term Limits Referendum (Nov. 1996) as a reference. 116.030 and .050; includes warning to signers, bill number and title, circulator's affidavit, and full text of the measure. Circulator oaths or affidavit required: Yes (34 OS 6). After all reviews are complete, secretary of state sends the person who submitted the proposal a sample petition form (MCA 13-27-202). Where to file: Not specified in statute; presumably with the State Board, since the Board is empowered to adopt regulations specifying how to file. Govt. Washington: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. 3599.03, Oklahoma: 34 Okl.St.Ann. Art. And no measure that names an individual to hold office or names private corporation to perform any function (Cal.Const. III, 2; 4), Who can sign the petition: Registered voters (Ne.Rev.St. Const. Must file quarterly reports. A "simple statement of the gist of the measure," drafted by sponsors, is printed at the top of the petition (34 OS 3). IV, 1). 3519.02; 3501.381). Art. Who can sign the petition: Qualified voters (Const. Reports of contributions and expenditures are due quarterly in calendar years without elections. Art. 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). Same must also be reported quarterly on April 15, July 15, Oct. 15, and Jan. 15 (NRS 294A.220). Circulator requirements: US citizen and at least 18 years of age (Wyo. Amending or diverting funds from a referendum measure requires a three-fourths vote of the members of each house of the legislature, and the amendment must further the purposes of the measure. 15, 273), Conflicting measures: Measure with highest number of affirmative votes prevails (MS Const. Submission deadline of signatures: Filed four months before election, and have been published in newspaper at least 30 days prior (Ark. Eight % for amendments (Cal.Const. 23-17-43. 19-111), Proponent organization and requirements: Must follow financial guidelines, including non-candidate committee to act as sponsor, designating chair and treasurer, sworn statements, spending reports, bank account established, quarterly and pre-election reports (A.R.S. Submission deadline of signatures: For indirect measures, at least 10 days before the regular session that is the session that was 10 months out when the proposed measure was submitted. 2, 19; Amalgamated Transit Union Local 597 v. State of Washington, 11 P.3d 762 [2000]), Arkansas (AR 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. Timeline for taking effect: Once canvassing of votes is complete (N.R.S. 907; Const. Prepared by joint legislative budget committee staff. Art. IV, 1(3)). In each of two-thirds of the congressional districts, and each petition page must only contain signatures from a singular county. Code 9050). Geographic distribution: Under court challenge. Const. Law 6-205(d)). Who can sign the petition: Electors (Const. Rev. Repeal or change restrictions: Legislature may propose alternative measure or initiate the standard process for amending the constitution (MS Const. Art. Vote requirement for passage: Majority (Const. Const. 116.030) and secretary of state drafts a ballot title which appears on the petition (Mo.Rev.Stat. Art. The supervisor is paid 10 cents by the sponsor for every signature checked if they paid circulators (F.S.A. A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter 37. 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. Deadline of 120 days before election for amendments; 160 days before election and not less than 10 days before legislative session for statutes; and 180 days to collect. Petitions may be signed at any time after an act is passed and must be submitted by June 1. The public may protest as to the constitutionality of the measure. Proponent organization and requirements: Must obtain certificate of review from attorney general and file petition with secretary of state (I.C. 23-17-21). III, 52(b)). 295.009. Art. Ballot title and summary: 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. 34-1813). Subject restrictions: None (Const. A referred measure may be voted upon at a statewide election or at a special election called by the governor. Proponents of an initiative, referendum, or recall effort must apply for an official petition serial number from the Town Clerk. 106.19, 100.371, 120.54), Who creates petitions: Approved by secretary of state (F.S.A. Art. Application process information: Not specified. Stat. 2, 1). Twenty-four states have citizen initiative processes. Art. 1953 20A-7-202). Art. 5% of the votes cast for governor at the preceding election; 15% of the votes cast for governor in the preceding election in a majority of legislative districts is required to suspend operation of an act pending the election. N.R.S. The powers defined herein as the "initiative" and "referendum" shall not be used to pass a law authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property (Const. 19, 3; N.R.S. Const. Art. 5, 1). Types Allowed: Indirect initiative for statutes, and popular referendum. 3, 5). Who creates petitions: Secretary of state (Wyo. Art. Stat. Petition title and summary creation: Petition must include a summary of 100 words or less (MCL 168.482). Must file statement of organization as a PAC upon receiving contributions or making expenditures in any combination of at least $1,000 in connection with an election. 4, Pt. Committee must create a "top funders sheet" that is included as part of the petition. Timeline for collecting signatures: For direct initiatives, six months to collect (submit proposed measure within 10 months with deadline to submit four months out from the general election). 116.090). Art. Initiative, referendum, and recall are three powers reserved to enable the voters, by petition, to propose or repeal legislation or to remove an elected official from office. May remove no later than 120 days prior to the next general election. Collectors must file signatures within 316 days after the day on which the application is filed, within 30 days after the day on which the first individual signs the inititative packetor the April15 immediately before the next regular general election immediately after the application is filed. Amend. Submission deadline for signatures: Within 90 days after the adjournment of the legislative session in which the act was passed (AS 15.45.370(2)). Circulator requirements: Registered voter (RCW 29A.72.120 and .130). 4, 2; Constitution 48, Init., Pt. Attorney general then submits petition to the secretary of state which begins the deadline clock (Cal.Elec.Code 336, 9001, 9002, 9004). Pamphlet contains one-sentence statements describing the effect of a yes or no vote prepared jointly by the attorney general and the state secretary. Proponent organization and requirements: Application must contain the names and addresses of at least five sponsors, certification that each sponsor is a registered voter in Utah and has voted in a regular general election in the last three years, the notarized signature of each sponsor and a copy of the law (Utah Code 20A-7-302). 1953 20A-7-212). Some states do not specify a method for verification. An initiative is a proposal of a new law or constitutional amendment that is placed on the ballot by petition, that is, by collecting signatures of a certain number of citizens. Art. Const. It is based on the principle that officeholders are agents of the popular will and should, therefore, be constantly subject to its control. 116.030). IV, 1, Pt. Art. Art. 19-121.01; 19-121.04). 1-40-113). Vote requirement for passage: Majority (Const. III, 6). Art. 3, 8). In Nebraska, the total number of signatures is based upon the total number of registered voters in the state. Which election is a measure on: General election unless the legislature orders a special election (MT CONST Art. 1-40-105). Rule 2.36; Okl.St.Ann. 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. St. 32-1407), Which election is a measure on: Next general election at least four months after filing the signatures (Neb. 3, 3; NDCC, 16.1-01-09), Ohio (Const, Art. 1(6B)). Justices of the peace and county recorders may not circulate petitions (ARS 19-114). The requirement may be waived by a two-thirds vote in each house of the legislature. Const. Art. 1953 20A-7-204.1; 20A-7-208; 20A-7-702). 34-1804). Verification: Submitted to local registrars of each signer two weeks before submission to secretary of state, who establishes regulations to verify. II, 9(b) and Elec. V, 1(3) and CRS 1-40-117. Time period restrictions before placed on the ballot: None. 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). Where to file with: Secretary of state ( 34-1804). Unclear; it seems likely that the same statement drafted by the secretary of state and approved by the attorney general for the petition also appears on the ballot, but this is not specified. 295.0575), North Dakota (NDCC Const. IV, 1). Thirteen years since the Supreme Courts controversial Citizens United v. FEC decision, states continue to restrict corporate donations and dark money, and the laws continue to be challenged under the rulings precedent. 4 1, Part 1(6B), (6C) and (6D). Other Subject restrictions: Cannot dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts, prescribe court rules, enact local or special legislation, or enact legislation prohibited by the Wyoming constitution (Const. Rarely has a recall effort against a state-level officeholder ever qualified for the ballot. Geographic distribution: No more than one-quarter of signatures may come from a single county (M.G.L.A. These states require that in addition to receiving a majority of the votes cast on the measure, those votes must be equal to or more than a specified percentage of the total votes cast in the election. XVI, 2). 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. 6). Two states require circulators to attend a training: Twenty-two states require circulators or proponents to sign affidavits or other sworn statements as to the accuracy or authenticity of the petitions: Several of these states require such information to be included on the signature petition sheets. Art. 5, 1 and A.C.A. Art. V, 1(3)). 905-A and M.R.S.A. ILCS Const. For indirect statutory initiatives, roughly 11 months and two weeks (N.R.S. Petition title and summary creation: Proponents (Neb. For constitutional amendments, signatures must be gathered from 10% of qualified electors in each of two-fifths (40) of the state's 100 legislative districts. Const. Verified answer. 7-9-404). 5, 1; M.G.L.A. An important political aim of the Progressive movement was to. Application process information: Sponsors draft petition and file with secretary of state (34 OS 1). Secretary of state, in consultation with attorney general, OH Const. Art. Art. III, 4 and NRS 32-1414). initiative referendum and recall are examples of quizlet. During the 14 days before the election, reports of any communication exceeding $5,000 in the aggregate are due within one business day (Rule 2.109). For constitutional amendments, generally take effect upon passage. This page provides state primary and presidential election dates for 2024 when legislative, congressional, gubernatorial, statewide office and presidential primary contests will be on the ballots in 46 states. Art. Submission deadline for signatures: Not later than 90 days after the final adjournment of the legislature; if the deadline falls on a Saturday, the office of the secretary of state must be open from 8 a.m. to 5 p.m. that day (Const. Rev. 2023 by National Conference of State Legislatures, https://www.nvsos.gov/sos/elections/initiatives-referenda/filing-a-referendum, 13 Years of Impact: The Long Reach of Citizens United, With Recent Special Elections, the Tables Are Set for Spring. The timelines for signature gathering for popular referenda differ significantly from those for initiatives. 19, 3; Art. Proponent organization and requirements: A committee of three applicants must be designated to represent the sponsors in all matters pertaining to the petition. 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. Geographic distribution: 5% in each of two-thirds of the congressional districts (Const. Art. Art. 34-1813), Repeal or change restrictions: No time limit or majority restrictions for legislature to overturn or alter, Types allowed: Citizen initiative for constitutional amendments. 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: Must file statement of organization as a PAC upon receiving contributions or making expenditures in any combination of at least $1,000 in connection with an election (ARS 19-905(C)). As in the case of the initiative and referendum, the recall process gives citizens a chance to practice grassroots democracy by removing elected officials who are disapproved of by a majority of voters. Administrative rules 5:02:08:09 and 5:02:08:07.02 require that circulators sign affidavit as well. Cannot "pass a law authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property.". XLVII, Pt. Number of signatures required: Eight % of the total number of legal voters for statutes. The following contribution and expenditure statements must be electronically filed: drafting statement, filed at the time approval is requested to circulate petition; circulating statement, filed at the time petitions are submitted for signature verification; pre-election statement, filed between the 39th and 31st day prior to the election; and year-end statement, filed by Jan. 31 of the year following the election. Stat. 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 an initiative. Massachusetts (M.G.L.A. Where to file: Secretary of state (Const. Art II, 10 and Elec. For indirect statutory initiatives, 3% of votes cast for governor in last election to submit to the legislator. 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. II, 1g; O.R.C. 1953 20A-11-101; 20A-11-801; 20A-11-802; 20A-11-803, Washington: RCWA 42.17A.005; 42.17A; 42.17A.205, Wyoming: W.S.1977 22-1-102; 22-24-201; 22-24-306, California: Cal.Elec.Code 9008, 9009, 9012, Florida: F.S.A. Ballot title and summary: Prepared jointly by the secretary of state and attorney general (IC 34-1810(1)(b)). Rev. 3, 17(1)). Reports of contributions and expenditures are due on the 12th day before an election, the 38th day after an election and the last business day of January and July of every year. 3, 18, 20. 116.17). Art. They represent direct check on democracy as people can exercise their powers to accept or reject a piece of legislation. Paid per signature: Cannot be paid based on the number of signatures collected, but can be paid in general (NDCC 16.1-01-12(1)(j)). Art. A ballot summary is prepared by Department of Legislative Services and approved by attorney general Elec. Const. Fiscal review: Governor's Office of Management and Budget conducts an estimate (U.C.A. 5, 1). Art. 5, 5). Legislature or other government official review: Attorney general aids summary (21-A M.R.S.A. ), Payment on a per-signature basis prohibited. Proponent and approved by the attorney general, is the title for both the petition and ballot. L-04, 2011 WL 1130010 (July 5, 2011). 250.045; 260.035; 260.054). St. 32-1405). II, 1g; Art. 53 22A; M.G.L.A. Legislature or other government official review: Proponents may get help drafting from Office of Legislative Council. II, 1b and 1g; O.R.C. Ten states allow the legislature to alter or change measures without any time limits or supermajority requirements: Seven states have supermajority requirements for changing a measure (the other states require only a regular majority, although some enforce a time period). 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. 30 seconds. Art. May be withdrawn by any of the people authorized to do so in the original application; withdrawal is made via a form prescribed by the secretary of state. Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). 55, 22). Collected in-person: Yes (MCL 168.482a(5)).. Withdrawal process of individual signature: Not specified. Recall is the power to remove an elected . 48), South Dakota (Const. It is argued that the simple existence of the initiative mechanism acts as a check on the activities of the legislature. 7-9-104; 7-9-108), General review of petition: Exact petition copy filed with secretary of state and approval of title by attorney general (A.C.A. Art. "Petition organizer" means a business entity that receives compensation for organizing, supervising or managing the circulating of petitions. Code 23-17-3. Art. 3501.38), North Dakota (ND Cent. Const. Number of signatures required: 15% of the total vote cast in the last election (Const. Art. Paid per signature: May be paid but not on number of petitions circulated or signatures obtained. 130.021). Art. 116.090). Application process information: Application must be filed within 10 business days of the adjournment of the legislature on a form designated by the secretary (21-A MRS 901). Const. 250.045; 250.048). Art. 2, 8). Application process information: Written application including full text of proposed law and summary that explains its purpose, signed by five people and the applicant (21-A M.R.S.A. Verification: Secretary of the commonwealth is directed to establish "regulations designed to achieve and maintain accuracy, uniformity, and security" (MGL ch. 2, 3; Const. Which election: Next succeeding general election, except when the legislature shall order a special election (Const. Who creates petitions: Sponsors are required to submit a sample petition to the secretary of state. Withdrawal of petition: Proponents may do so any time before measure qualifies for the ballot, 131 days before the general statewide election (Cal.Elec.Code 9033, 9604). Art. Law 6-201 and -202, Massachusetts: Const. Who can sign the petition: Registered voters (Const. Legislature or other government official review: Since the process is an indirect initiative, the legislature has four months to adopt the unchanged constitutional initiative by a majority in each house before the secretary of state submits it to the people. Secretary drafts a summary of 100 words or less, approved by attorney general (Mo.Rev.Stat. 116.332). But these devices, like the recall, are legal only in certain states and municipalities, not at the national level. Signatures must be filed with the secretary of state by the 50th day of the first regular session or by the 25th day of the second regular session. Art. Ballot title and summary: The secretary of state and the attorney general also jointly make a more descriptive ballot question summary to be sent to voters. Art. II, 1(b)). Single subject rule: No statute. V, 3 and OK Stat. An optional random sampling process must be provided. Petition title and summary creation: Attorney general (Cal.Const. Art. 250.048). 116.320). Allowed to pay another for their signature: Prohibited (SDCL 12-26-15). 2, Oregon: O.R.S. Art. II, 9(c)). Const. Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). Revised statutes now require that signatures be equally collected among all the petition districts (congressional districts), and this was held to be constitutional (N.R.S. 48, Init., Pt. Not more than half of signers may be residents of Baltimore City or of one county. Other states vary when it comes to restrictions, ranging from specific vote thresholds on certain topics to disallowing certain issues. Const. Art. NCSL summarizes the results of the Feb. 21, 2023, special elections in Kentucky, New Hampshire, Virginia and Wisconsin. Const. Where to file with: Division of Elections (F.S.A. IV, pt. Governor may call a special statewide election for the measure. 116.320). And published in newspaper (F.S.A. Who can sign the petition: Legal voters of the state of Oklahoma (34 Okl.St.Ann. In these states, sponsors gather a smaller number of signatures to reach the first stage of qualification and, once enough valid signatures are gathered to meet this threshold, the initiative goes before the state legislature. Code 84101). Art. Reports of contributions and expenditures are due on the 21st and seventh days immediately preceding an election and the 10th day of the first full month after an election. 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). Vote requirement for passage: Majority (Const. Who can sign the petition: Qualified electors (NDCC 16.1-01-09(2)). 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. Art. 2, 24). 2, 3. Paying per signature was held unconstitutional (Miss. For direct initiatives, signatures must be submitted by Feb. 15 immediately before the next general election. 3, 52(e) and Wyo. If the petition is insufficient, the sponsors have 10 extra days to collect more signatures (OH Const. May remove no later than 120 days prior to the next general election and at least two-thirds of petition sponsors must sign the form. 3519.01). 116.332). Timeline for taking effect: Upon publication of the certificate by the secretary of state of the result of the vote (Const. 48, Pt. Where to file: Secretary of state (Const. 1-40-105). Art. Const. III, 3). 250.045). General election, and signatures must be verified no later than Feb. 1 of the year of the general election. 3519.21). 3, 4; Art. The legislature may amend before two years with a two-thirds majority vote in both chambers, and no amendatory law adopted in accordance with this provision shall be subject to referendum (RCWA Const. States decide how the ballot title and summary are created and any requirements for the wording of the measure on the ballot. Proponent financial disclosure requirements: Political committee must file a statement of organization. Petition for Recall. Art. Code 84200). Art. 15, 273), Who can sign the petition: Qualified electors (MS Const. N.R.S. 7-9-114). Art. States vary in how they verify the collected signatures. 3, 18, 20). Const. Where to file with: Secretary of state (OK Const. 1953 20A-7-204). 3, 52(c)(i)). General election, and signatures must be filed one year prior to the election. 14, 3 and see Coalition for Political Honesty v. State Board of Elections (1976)). 3, 52(e)) with the assistance of the attorney general (Wyo. 19-102; 19-111), What is on each petition: Must follow prescribed form and summary and that it was prepared by proponents, title, that circulator is paid or not, and warning about legality of signing unofficial sheet (A.R.S. The legislature has four months to pass the bill in amended or unchanged form. The most common requirements: that they be at least 18 years old, a citizen, a registered voter and/or a resident of the state. Laws providing for tax levies; appropriations for the current expenses of the state government and state institutions; and emergency laws necessary for the immediate preservation of the public peace, health or safety. Submission deadline for signatures: Must be filed within 90 days of when the applicable legislative session adjourns sine die (AZ Const.