Timeline for collecting signatures: Once the petition is approved and a serial number is issued, sponsors have until 5 p.m. on the 90th day after the legislature session adjourns. Proponent financial disclosure requirements: Must file a statement of organization within 20 days of becoming a committee (Mo.Rev.Stat. Sponsors of advertising must file a report within 24 hours of the time the advertisement is published, mailed or otherwise revealed to the public if the advertisement qualifies as an independent expenditure or has a fair market value or actual cost of $1,000 or more. Art. Submission deadline of signatures: Must be 120 days before the election it is to be voted upon (NDCC Const. Who can sign the petition: Qualified electors (Const. IV, pt. 53 22A and M.G.L.A. Vote requirement for passage: Majority, but no such law shall be held to be disapproved if the negative vote is less than thirty per cent of the total number of ballots cast at such state election (Const. 7-9-107). Art. Art. Same must also be reported quarterly on April 15, July 15, Oct. 15 and Jan.15. CONST. Const. Petitions must be filed by 5 p.m. on the 90th day after the applicable legislative session adjourns sine die. Repeal or change restrictions: Laws approved by the people under the referendum provision of this section may be amended by the legislature at any subsequent session thereof (Const. General review of petition: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme 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. Art. 34-1807), Paid per signature: Ban overturned (Idaho Coalition United for Bears v. Cenarrusa, 2001), Allowed to pay another for their signature: Prohibited (I.C. Const. Stat. 3, 52(e) and Wyo. Contributions in excess of $1,000 from a single contributor received during the 21 days prior to the election must be reported (RCW 42.17A.265). 4; Art. St. 32-630; 32-628). Citizen initiatives and popular referenda are two forms of direct democracy. Who creates petitions: Sponsors (CRS 1-40-105). Only one state does not require this type of action: Before a measure is placed on a ballot, states decide which election it will appear on, how the ballot title and summary are created and any time restrictions involved. 48, Init., Pt. In election years, instead of biannual reports, reports are due no later than the second Monday in April, May, September and October, and no later than the Thursday before an election. The citizen initiative process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. Art. Collected in-person: Yes (Elec. Disclosure of advertisements is required (ARS 19-925). 2, 10; Cal.Elec.Code 9004, Title board, comprised of secretary of state, attorney general and director of the office of legislative legal services. Art. Ten states do not have a geographic requirement; 14states do. 3, 17(1)). V, 1(3) and CRS 1-40-117. 7-9-601; A.C.A. Art. Legislature or other government official review: Secretary of state writes arguments for and against the measure with information provided by proponents and opponents (Neb.Rev.St. Washington: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. 106.03). A post-election report is due by Jan. 7. Art. Contributions of $1,000 or more from a single contributor received during the 21 days prior to the election must be reported. Constitution 48, Init., Pt. Code 13-208 for statement of organization. Verification: State Board is empowered to adopt regulations specifying procedures for verifying and counting signatures (Elec. Art. Time period restrictions before placed on the ballot: Signatures must be verified no later than Feb. 1 of the year of the general election (F.S.A. Petition title and summary creation: Secretary of state provides serial number, and attorney general writes a title posed as a question and summary (Miss. This ensures that measures are not passed by a small minority of voters, either because of a low turnout election or ballot-drop off (where voters only vote partway through a ballot). Art. Not more than 24 months for collection with a deadline of four months before the election, and by 5 p.m. on the final day. Art. Art. 130.021). What is on each petition: Petitions substantially follow the form found in U.C.A. 48, Init., Pt. 353, 354). General review of petition: Reviewed by attorney general and Ohio ballot board, which also writes pro or con statements if not supplied (OH Const. III, 52(a)). 3, 1). Cal.Elec.Code 9014; 9016; Cal.Const. M.C.L.A. Timeline for collecting signatures: Eighten months. The legislature may submit a competing measure to the ballot (M.G.L.A. Circulator oaths or affidavit required: Yes (Const. Art. 8). 3519.22. Art. 23-17-5). Submission deadline of signatures: Filed four months before election, and have been published in newspaper at least 30 days prior (Ark. III, 5(2)). There are two kinds of referenda: obligatory and optional. Art. Art. Improved homework resources designed to support a variety of curriculum subjects and standards. Art. Must file monthly financial reports with Ethics Commission (A.C.A. II, 9). What is on each petition: Petition includes original bill number, title and affidavit signed by no more than three proponents file the measure (34 OS 1). 48, Init., Pt. A groups name must include the title or common name of the measure if the group intends to direct more than 50% of its contributions or expenditures toward a single measure. Art. Art. 1(9) and ARS 19-112). 30 seconds. 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. 3, 4; Art. Circulator requirements: Legal voter (RCWA 29A.72.120). The public may protest as to the constitutionality of the measure. 353). The secretary of state shall vacate the certification of the official ballot title within three days of receiving notice of the withdrawal (Mo.Rev.Stat. Art. Const. Ballot title and summary: The title of the statute or resolution must be set out on the ballot, and the question printed upon the ballot for the information of the voters must be as follows: Shall the statute (setting out its title) be approved? (NRS 295.045). Which election: Biennial regular election (IC 34-1803). Art. The secretary of state will also conduct at least one public hearing in each congressional district on each ballot measure (Miss. 3, 52(b) and Wyo. 2, Oregon: O.R.S. Fiscal review: Director of the Legislative Research Council prepares a fiscal note as requested (SDLC 2-9-30; 2-9-31; 2-9-34). 3, 52(f)). Submission deadline for signatures: Within 90 days following the final adjournment of the legislative session at which the law was enacted (Const. 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. Conflicting measures: No statute found other than if the attorney general determines that their subject/purpose/effect are similar, they will give them identical ballot titles (OR Rev. Code 9006). Circulator requirements: Maine resident who is a registered voter (21-A MRSA 903-A), Circulator oaths or affidavits: Yes (M.R.S.A. A filing fee of $500 accompanies the application (W.S.1977 22-24-302; 22-24-303). Art. 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. Const. In calendar quarters with an election, additional reports are due 10 days before the election and 15 days after the election (ARS 16-926 and -927). First general election to be held not less than 30 days after the filing ofthe petition. Neb. 353, M.G.L.A. Timeline for taking effect: 10 days after the official declaration of the vote (Const. 48, Init., Pt. 1(5)). No collection timeline except when collecting the second 3 percent of signatures of votes in last election for governor, the deadline is 90 days, and deadline of 110 days before the election generally. Most state statutes include some type of sampling, such as in the cases of Arizona (A.R.S. Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). Majority to pass: Yes, except two-thirds majority is need in the case of laws changing rules regarding the taking of (U.C.A. Proponent organization and requirements: Must follow financial statutes and file with Ethics Commission (A.C.A. Art. For statutory initiatives, 8 % of legal voters who cast ballots for governor in last election. Geographic requirements based on U.S. House districts, which must be highly equal in population, have been ruled constitutional. If the petition is insufficient, the sponsors have 10 extra days to collect more signatures. 116.332). Groups must file reports detailing contributions received in excess of $100 in the aggregate and all contributions and expenditures made by the group (AS 15.13.040(b)). Attorney general writes title and summary if original is challenged in court. Where to file: Secretary of state (Const. 23-17-29), Missouri (V.A.M.S. Art. Art. Const. Art. Who creates petitions: Proponents with advising by attorney general (Cal.Elec.Code 9012), Fiscal review: Prepared by attorney general, department of finance and the legislative analyst office (Cal.Elec.Code 9005; Cal.Gov.Code 12172). 2, 10), Timeline for taking effect: Day after the election unless otherwise specified (Cal.Const. XI, 5). 48, Init., Pt. 5, 5; M.G.L.A. 295.009 with the secretary of state, and it may be amended pursuant to that statute (N.R.S. 19-121.01; 19-121.04). IV, 1). Must also meet conditional certification (W.S.1977 22-24-304; 22-24-308). Eighteen states require proponents to file application materials with the states secretary of state: Two states require proponents to file application materials with the lieutenant governor: Five states require proponents to file application materials with the attorney general: Four states require filing with another entity: None listed, but must register organization with board of elections. . Then the legislature rejects or accepts the proposition unchanged (U.C.A. 22-24-402. Art. Const. 5, 1). Art. Code Ann. 2, 4, Pt. Majority to pass: Yes, except in the case of authorizing gambling or lottery, which requires 60 % to pass (RCWA Const. XVI, 4). Petition title and summary creation: Secretary of state and approved by attorney general (NDCC, 16.1-01-07). Application for Initiative or Referendum Serial Number. 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. A.R.S. Art. Withdrawal process of individual signature: A signature may be removed by the signer upon written application to the election authority with which the petition will be filed if the application is received by the election authority prior to the filing of that signature, or prior to the filing of that signature by the circulator who attested to that signature or by the sponsor of the petition, if it is concluded that the signature does not satisfy the requirements of this title (Elec. ILCS Const. 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. 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. 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. Initiative is a legislative proposal that originates with the people. Art. Art. XI, 3 and AS 15.45.320(5)).
initiative, referendum, and recall - Students - Britannica Kids 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. IV, 1(4)). Const. Art. 4, Pt. What is on each petition: The format follows statute guidelines, must be notarized, must have specific language including legal warning, ballot title and abstract from fiscal impact statement (CRS 1-40-110, 1-40-105.5). 2, 8. Prior to receiving a contribution or making an expenditure, a campaign must designate a treasurer by filing with the secretary of state. Types allowed: Indirect initiative for statute, direct initiative for constitutional amendment, and popular referendum, Other subject restrictions: No private or special laws (Const. Const. A new, third level of content, designed specially to meet the advanced needs of the sophisticated scholar. Who can sign the petition: Registered electors of the state (M.C.L.A. No veto by governor for either measure passed by voters or legislature (M.C.L.A. Art. II, 1(c)). 3519.15; 3519.16). Const. Art. Art. 2; 21 Okl.St.Ann. Original title of the act that is subject to the referendum is included (A.C.A. 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. II, 1b). Which election: First general election to be held not less than 30 days after the filing ofthe petition (Const. Art. Must file a statement of formation as a political action committee within 10 days of formation. 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. Fifteen % for amendments (A.R.S. Public review or notice: Public may comment on public and internet posting of measure by attorney general for 30 days and then proponents may amend the measure (Cal.Elec.Code 9002). Art. The attorney general may determine an act of the legislature is the same as a proposed law and will remove it from appearing on the ballot (W.S.1977 22-24-304; 22-24-319). IV, 1). Art. Collected in-person: Yes (Mo.Rev.Stat. Monthly reports are due on the 10th for any preceding month in which total contributions received or total expenditures made exceed $200. However, voters submit two preferences: (1) to approve or reject both measures and (2) deciding between the measures. Stat. Art. So as a whole, the free. 1953 20A-6-106; 20A-7-206). CONST. 168.22e; 168.476; 168.477; 168.480, Montana: MCA 13-27-401; 13-27-402; 13-27-410; 13-27-311, Nebraska: Neb. Art. Some states place restrictions on how sponsors may pay petition circulators. 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)). 4). Art. 19-113). III, 2). 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706). 14, 3), Ballot title and summary: Proponents but certified by state board of elections and reviewed by attorney general (see 10 ILCS 5/28-5; 10 ILCS 5/16-6; 5 ILCS 20/2), Time period restrictions before placed on the ballot: Filed at least six months before the election with the secretary of state (ILCS Const. Single subject rule: Yes (OR CONST Art. Art. Art. 5 1; 7-9-122), Maine (M.R.S.A. Art. Verified answer. Art. 48), South Dakota (Const. Art. 116.332, Const. For indirect initiative states, this review process involves the legislature and can be quite extensive. III, 3). Arkansas. Art. Arizona (for constitutional amendments, not statutes) (A.R.S. Submission deadline of signatures: Six months before the general election (ILCS Const. 5, 6; 34 Okl.St.Ann. Art. Collected in-person: Yes (Const. The popular referendum is a measure that appears on the ballot as a result of a voter petition drive and is similar to the initiative in that both are triggered by petitions, but there are important differences. XVI, 3(b)). Art. Its success in 1978, despite the strong opposition of the governor, state legislature, and the bureaucracy, prompted tax revolts in several other states. Art. Paying per signature was held unconstitutional (Miss. Art II, 10 and Elec. Since the early 1970s, the initiative has increased greatly in popularity. V, 1(4)(a) and CRS 1-40-123). 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. In 1911, California voters approved the constitutional processes of initiative, referendum, and recall. 5, 57; Art. If 20 % or more of signatures on any part are invalid, then the burden to prove the rest are valid falls on the sponsors (Ark. Amend. Application process information: Ten voters must sign and submit the petition to the attorney general by the first Wednesday of the August before the assembling of the general court into which it is to be introduced (M.G.L.A. 7-9-107). Code 13-309). St. 32-1405.01; 32-1405.02; 32-1413). Referendum is a decision for the general assembly to put a bill on the ballot. 1953 20A-7-202; 20A-7-205.5). Paid per signature: May be paid but not on number of petitions circulated or signatures obtained. Repeal or change restrictions: For statutes, may be amended or repealed only by three-fourths of each house or by a vote of the electors. Florida: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme court. There must also be a five-person committee of those who favor rejection, comprised of individuals appointed by the governor, attorney general, president of the senate and speaker of the housethe fifth member is appointed by the four previous members. VI, 1 and Utah Code 20A-7-102). 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. Either way, the measure is put before the people (MS Const. Circulator requirements: At least 18 years old,a Utah resident and paid circulators must wear badges (Utah Code 20A-7-303(3)). Geographic distribution: 6% of the qualified electors at the time of the last general election in at least 18 legislative districts (IC 34-1805). Who creates petitions: Secretary of state prepares an official template for the cover sheet and signature sheets for each petition (ORS 250.052). Art. This is generally the secretary of state, but in Alaska and Utah, the lieutenant governor is the states chief election officer. In three states (Massachusetts, Ohio and Utah), proponents must gather additional signatures to place the measure on the ballot after the first round. If the board is unable to verify the genuineness of a signature on a petition using the digitized signature contained in the qualified voter file, the board may cause any doubtful signatures to be checked against the registration records by the clerk of any political subdivision in which the petitions were circulated, to determine the authenticity of the signatures or to verify the registrations (MCL 168.476). States decide how the ballot title and summary are created and any requirements for the wording of the measure on the ballot. "Direct Democracy" in California. Colorado and Florida require a supermajority to pass a constitutional amendment: 55 percent of voters in Colorado (C.R.S.A. If both are approved, the one receiving the greatest number of affirmative votes prevails (34 Okl.St.Ann. 1953 20A-7-207; 20A-7-209; 20A-6-107). Geographic distribution: None (MCL 168.471 requirement that no more than 15% come from a single congressional district was found unconstitutional in AG opinion 7310, May 2019). Art. 905-A; M.R.S.A. What was the purpose of implementing referendum recall and initiative quizlet? The recall allows residents to remove the person in office. 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. 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. 100.371). 11 3). Full text is printed on ballot if it is 200 words or less; if it is more than 200 words, the secretary of state drafts a title. Const. M.C.L.A. Application process information: Submit filing fee and a petition signed by 1,000 voters to the attorney general, with a summary and complete copy of the measure. Paid per signature: Previous ban overturned. 295.0575), Allowed to pay another for their signature: Prohibited (N.R.S. 48, Init., Pt. (Const. 116.090). 54, 22A, Missouri: Mo.Rev.Stat. 1953 20A-7-202). Who writes this varies. Art. Const. Const. Withdrawal of petition: File a letter with secretary of state, signed by designated representatives, no later than 60 days prior to the election (C.R.S.A. Allowed to pay another for their signature: Prohibited (O.R.S. Repeal or change restrictions: Two-thirds vote required to amend or repeal, and governor may not veto (Ne.Rev.St. St. 32-1409). * See also: 2011 N.D. Op.Atty.Gen. Types allowed: Initiative for constitutional amendments only, Single subject rule: Yes (F.S.A. Other states vary when it comes to restrictions, ranging from specific vote thresholds on certain topics to disallowing certain issues. Number of signatures required: 8% of the active voters in the state on Jan. 1 following the last regular general election (Utah Code 20A-7-301(1)). Cannot require an expenditure of money unless a sufficient tax is provided. Art. Ballot title and summary: A statement of purpose and implication, not to exceed 135 words, and yes-no statements are drafted by petitioners and reviewed and approved by the attorney general. Art. Petitions must be submitted to counties for verification four weeks before this deadline (MCA 13-27-301). Circulator oaths or affidavits: Yes, and must be notarized (C.R.S.
CHAP. 13 Sample Exam Flashcards | Quizlet Allowed to pay another for their signature: Prohibited (Const. Vote requirement for passage: Majority (Const. For amendments, must be submitted for verification by the third Tuesday in June of the general election year. No. 3; Const. 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). Paid per signature: No ban, but must state employer if paid (O.R.C. 295.009, Ohio: Const.