initiative referendum and recall are examples of quizlet

Proponent financial disclosure requirements: Include but are not limited to quarterly reporting and following rules set by board of elections (10 ILCS 5/9-15). Withdrawal process of individual signature: After the petitions are submitted for signature verification, individual signatures may not be removed (ORS 250.025). 1953 20A-7-206). IV, 1). 4, Pt. Thirteen states require publication in a newspaper: Arizona, Arkansas, Florida, Illinois, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, Ohio, Oklahoma and Utah. 5, 1), Repeal or change restrictions: No veto by governor, and two-thirds vote by legislature may amend or repeal (Ark. These serve as the ballot title. Proponent organization and requirements: Application must be signed by ten qualified voters (Const. Must be signed by at least 100 qualified voters as sponsors. Art. Art. III, 52(c); Wyo Stat. A voter desiring to vote in favor of the law that is the subject of the referendum shall mark the square adjacent to the word "For" (Utah Code 20A-7-309). Conflicting measures: If neither receives a majority, the one receiving more votes will be resubmitted to the next general election by itself if it received at least one-third of the total votes cast for or against the two measures. Arizona. Upon each of the ballots, following the ballot title or text, the words For the referred law and Against the referred law, must appear. 3, 2). 1953 20A-11-101; 20A-11-801; 20A-11-802; 20A-11-803). Proponents of an initiative, referendum, or recall effort must apply for an official petition serial number from the Town Clerk. The ballot title may be distinct from the title of the law that is the subject of the petition (Utah Code 20A-7-308). Petitions are deemed invalid if signatures are gathered in violation (ORC 3501.381). Ballot title and summary: Proponents submit descriptive ballot title that is reviewed by attorney general (34 Okl.St.Ann. 23-17-17; 23-17-19). Petition title and summary creation: No separate title, and a simple "statement of the gist" of the measure is included on the petition (34 Okl.St.Ann. The committee 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. Timeline for collecting signatures: Not more than 24 months (A.R.S. Who can sign the petition: Registered voters of the state (Const. II, 1g; Art. Proponent financial disclosure requirements: Include but may not be limited to groups supporting or opposing ballot measures are treated as political committees, no statute found limiting contributions to ballot measure political committees, designation of a treasurer, filing statements of organization, and follow account and reporting requirements (O.R.S. Allowed to pay another for their signature: Not specified. Initiative. Const. A statement of organization is required (Govt. Some have been found to be unconstitutional, largely on one person, one vote grounds. Stat. II, 9). 250.025), Collected in-person: Yes (O.R.S. To do this, petitions have to be signed by a certain portion of the electorate, or voters. 2, 3). III, 3); next general election after the petition is regularly and legally filed with the secretary of state (NRS 32-1411). 53 7. Proponent financial disclosure requirements: There is a principal circulator whose information is publicly available upon request (NRS 32-1406). What is on each petition: Full text of the measure, follow prescribed form, signatures, warning, fiscal impact and a simple statement of the gist of the proposition (OK Const. Const. III, 2). 22-24-401). Mary is concerned with the education that her child is getting and wants the school day extended in her district. St. 32-628; 32-1546). CONST. Art. N.R.S. Where to file with: Secretary of state (Neb. Majority to pass: Yes (M.C.L.A. Const. Who creates petitions: Secretary of state prepares a sample petition (MCA 13-27-202 and -205). 3, 50). 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). 168.22e; 168.476; 168.477; 168.480). III, 4), Timeline for taking effect: Ten days (Ne.Rev.St. Allowed to pay another for their signature: May not use "any fraudulent means, method, trick, device or artifice to obtain signatures on a petition" (A.R.S. Submission deadline for signatures: June 1 (Const. Const. 23-17-7; 23-17-9; 23-17-15). Geographic distribution: 5% in each of two-thirds of the congressional districts (Const. Art. What is on each petition: Form of the petition is prescribed by the State Board of Elections. 3, 18, 20). XVI, 5(b)). Nine states do not include a process in statute for an individual to withdraw his or her signature. Circulator requirements: Can be out-of-state resident but must mark this on the affidavit. XVI, 5(b) and Elec. Petition sheets will always include space for signatures. 907; Const. Timeline for collecting signatures: Signatures are valid for two years, but a petition can circulate indefinitely (F.S.A. 22-24-402). XLVII, Pt. 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. II, 1g and O.R.C. 19-111; 19-124). Const. Eight % for amendments (Cal.Const. II, 1(b) and RCW 29A.72.150, 4% of the votes cast for the office of governor at the last election, 15% of the total ballots cast in the previous general election. This practice was first adopted by the state of Connecticut in 1818, and by the 20th century it had become the prevailing way of changing constitutions. Art. 19, 3). 1953 20A-7-202.5). Art. Art. XVI, 1; Art. 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. Who creates petitions: Sponsors (Elec. Secretary of the commonwealth and attorney general jointly. Stat. What is on each petition: Must follow prescribed form and include the full text of the measure, a legal warning, an affidavit, the maximum number of signatures, paper and font, spacing, and if the circulator is paid (Neb.Rev.St. Secretary of state, in consultation with attorney general, OH Const. Contributions greater than $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. 19, 2). Attorney general drafts summary for ballot (A.C.A. Art. Petition sponsors, approved or rewritten by attorney general, Petition sponsors, with approval by secretary of state, Drafted by secretary of state and approved by attorney general, Petition sponsors, approved by attorney general. If the referendum question gains enough "yes" votes, then . 2; Neb. For constitutional amendments, a majority of voters at two consecutive elections (N.R.S. Ban struck down by courts (RCWA 29A.84.280; LIMIT v. Maleng, 1994). 4, Pt. 100.371). 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. Eighteen months or until April 30 of the year of the next general election, whichever is earlier, for collection, and a deadline of May 1 in the year of the election that the initiative will appear on, or 18 months from the date the petitioner receives the official ballot title from the secretary of state, whichever is earlier. Code 102). Collected in-person: Yes (NRS 32-630 and -1404). Repeal or change restrictions: Cannot veto, and legislature may not repeal. Subject restrictions: The following language applies to initiatives and may apply to referenda, This Article does not permit the proposal of any statute or statutory amendment which makes an appropriation or otherwise requires the expenditure of money, unless such statute or amendment also imposes a sufficient tax, not prohibited by the Constitution, or otherwise constitutionally provides for raising the necessary revenue" (Const. In 1831 the canton of St. Gall adopted what is called the facultative, or optional, referendum. 6), Allowed to pay another for their signature: Likely prohibition on the use of public funds (26 Okl.St.Ann. Timeline for taking effect: The date of the governor's proclamation of the election results (IC 34-1813). Law 6-201). The next general election after signature petitions filed, a legislative session has convened and adjourned, and 120 days after the legislative session adjournment. Art. Art. Art. Art. Art. Art. 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. Const. Art. 100.371; 16.061). 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. There is another kind of referendum, called the plebiscite (from a Latin term meaning decree of the people), whereby questions or issues are submitted to the vote of the people. 19-112), Colorado (Const. An amendment requires at least one-fourth of members support to get onto the ballot. If the petition is insufficient, the sponsors have 10 extra days to collect more signatures (OH Const. Art. Allowed to pay another for their signature: Prohibited (Miss. Art. Legislature may amend with three-fourths vote but only to further the purpose of the measure (A.R.S. The Legislative Counsel Bureau distributes items to legislators, public libraries, newspapers and broadcasters (N.R.S. What is on each petition: Serial number, name and address of paid circulator, and contents approved by secretary of state (F.S.A. 250.048; OR CONST Art. II, 9). For statutes, 5% of total qualified electors of the state, determined by the number of votes cast for governor in the preceding general election. 1953 20A-7-213). 5, 1; M.G.L.A. N.R.S. Like the initiative and referendum, recall originated in Switzerland, where it was made applicable to the entire legislature as well as to individual officials. III, 2). 7-9-107). Submission deadline for signatures: Not more than 90 days after the end of the session at which the act was passed (Const. Verification: State Board is empowered to adopt regulations specifying procedures for verifying and counting signatures (Elec. Constitution 48, Init., Pt. Art. There is a principal circulator whose information is publicly available upon request. Some states also include signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional. Submission deadline of signatures: At least 131 days prior to the next general election the measure is to be voted on (Cal.Elec.Code 9016; Cal.Const. St. 32-1408. II, 1g; O.R.C. Art. XLVII, Pt. Art. Law 7-103(c). Legislature or other government official review: Attorney general prepares explanatory statements. 15, 273). 902), Timeline for collecting signatures: One year (M.R.S.A. General review of petition: None other found. For indirect statutory initiatives, roughly 11 months and two weeks (N.R.S. Geographic distribution: No more than one-quarter of signatures may come from a single county (M.G.L.A. Withdrawal process of individual signature: Can file a request with the county clerk any time before the petition is filed (NRS 295.055). 250.015; 250.052). Art. Const. 116.153). Number of signatures required: 5% of the total votes cast for governor at the last election (Const. 19, 3; N.R.S. 5, 7). Art. If a second sampling is needed, an estimated duplication rate will be calculated. For statutory initiatives, 8 % of legal voters who cast ballots for governor in last election. This database contains information on state processes, including subject matter, petitions, circulator requirements, signature requirements and more. XVI, 1; O.R.C. Cure period for insufficient signatures: If a petition is insufficient, a period of 20 days is allowed for correction (Const. 23-17-7; 23-17-9; 23-17-15, Proponents, approved or rewritten by attorney general, Proponent, with possibility of being amended by statute, Secretary of state and approved by the attorney general. Art. Art. Does the law in question take effect before the referendum vote: Suspended upon filing of petition signatures (Const. 250.105). Code 13-208 for statement of organization. Paid circulators must file an affidavit with secretary of state indicating they are paid before circulating a petition (MCL 168.482a) NOTE: The affidavit requirement has been declared unconstitutional and nonbinding by AG opinion 7310, May 2019. Stat. 14, 3), Types allowed: Indirect citizen initiative for statutes and popular referendum. Const. Proponent financial disclosure requirements: Include but may not be limited to filing any PACs formed to advance the measure, limitations on total contributions, and reporting contributions received above $1,000 at various times (N.R.S. Application process information: The person(s) or organization(s) under whose authority the measure is to be referred must deliver to the secretary of state the petition, signed by at least 20 qualified electors of the state (IC 34-1804). 11 1 and 5). For citation information, please contact the NCSL Elections and Redistricting Team. Timeline for collecting signatures: Signatures may be signed at any time after an act is passed (Const. Submission deadline for signatures: Ninety days after the law is filed by the governor in the office of the secretary of state (Const. Const. Must be on good quality of paper in form and manner approved by the secretary of state (IC 34-1804). Washington: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. Prepared by the Office of Fiscal and Program Review. What is on each petition: Must contain attorney generals unique numeric identifier, title, summary and the proposed measures full text, and follow the form found in the code (Cal.Elec.Code 9008, 9009, 9012). 3; Const. 250.029). 2, 3), Michigan (M.C.L.A. III, 52(a) and Mo.Rev.Stat. 34-1805), Geographic distribution: 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 (I.C. Circulator requirements: Legal voter (RCWA 29A.72.120). Art. II, 1(d)). St. 32-1405). 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). III, 3 and NDCC 16.1-01-09(3)). 19, 2). Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). Art. Other subject restrictions: 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" (OH Const. Art. IV, 1, Pt. Art. Otherwise the secretary of state in consultation with the attorney general writes a concise summary (NDCC 16.1-06-09). ; The referendum process allows citizens to refer a law that passed the legislature to the ballot for voters to decide whether to uphold or repeal the law. 1. guarantee government jobs for the unemployed. 116.334). Proponent financial disclosure requirements: Political committee must file a statement of organization. Nonpartisan staff of general assembly prepare summary, analysis and fiscal review (C.R.S.A. The most common requirements: that they be at least 18 years old, a citizen, a registered voter and/or a resident of the state. 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. May remove no later than 120 days prior to the next general election. IV, 1(10). Art. ), Const. 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206). 4 1, Part 1(6B), (6C) and (6D). Art. Timeline for taking effect: 30th day after the election at which it was passed (Const. Vote requirement for passage: Majority (Const. Utah: The governor must decide that two measures are in conflict (U.C.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)). Withdrawal of petition: Any person who submits a sample sheet to or files an initiative petition with the secretary of state may withdraw the petition upon written notice to the secretary of state. Reports of contributions and expenditures are due quarterly in calendar years without elections. Administrative rules 5:02:08:09 and 5:02:08:07.02 require that circulators sign affidavit as well. M.G.L.A. Who creates petitions: Sponsors create the petition. Submission deadline of signatures: No later than three months and three weeks before the election and made by 3 p.m. on the day of filing (C.R.S.A. Const. Art. 1953, Const. States have statutes covering conflicting or competing measures, the percent of the vote needed to pass a measure, and repeal or change restrictions. 3, 20 and 21-A MRSA 901). What is the difference between referendum and initiative. Const. 19, 3; N.R.S. II, 1b; Art. Most states also include requirements for verifying the authenticity of signatures. Signatures are valid for two years, but a petition can circulate indefinitely, and filed at least 30 days before Feb. 1 of the year of the general election that the measure is to be voted upon. For three years, measures can only be proposed again by signatures totaling 25%of total votes cast for governor last election, and special rule for competing measures. Circulator requirements: Any Maine resident who is a registered voter (21-A MRS 903-A). 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. Does the law in question take effect before the referendum vote: For the purposes of the second paragraph of Const. 3519.16). 3, 19). Legislature or other government official review: After certification for the ballot, the joint committee on legislative research holds a public hearing in Jefferson City to take public comments regarding the measure (V.A.M.S. If the legislature does not enact the statute, another round of signatures is required equaling 0.5 % of votes for governor (M.G.L.A. For constitutional amendments, 8 % of total vote for governor in the last election in each of two-thirds of the state's congressional districts (V.A.M.S. Citizens come up with and vote on their own laws Pros: 1. Paid circulators must, prior to circulating petitions, sign a statement certifying they acknowledge that it is a misdemeanor to allow signatures on a petition to be used for any purpose other than qualifying a measure for the ballot (Elec. Rev. Art. There is a filing fee of $2,000, which is refunded if the measure qualifies for the ballot within two years (Const. Proponent organization and requirements: Must sign affidavit and must refile after recommendations (RCWA 29A.72.010; 43.07.120; 29A.72.020; 29A.72.040). II, 1b), Types allowed: Direct statutory and constitutional amendment initiatives, and popular referendum, Single subject rule: Yes (OK Const. Arizona: Const. 2, 3; Const. 7-9-111). 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. Art. Submission deadline for signatures: 5 p.m. on or before the 90th day after the recess of the legislature, or if the 90th day is a weekend or holiday, by 5 p.m. on the preceding day which is not a weekend or holiday (Const. 113 (Nov. 2020) as a reference. Law 6-103). Citizen initiatives and popular referenda are two forms of direct democracy. Subject restrictions: No law making any appropriation for maintaining the state government or for maintaining or aiding any public institution, not exceeding the next previous appropriation for the same purpose, shall be subject toreferendum. Where to file: Secretary of state (21-A MRS 901). Vote requirement for passage: Majority (MCA 13-27-504). Where to file with: Attorney general (O.R.C. RCW 42.17A.205, 42.17A.235, 42.17A.250, 42.17A.260, 42.17A.265. Const. Majority to pass: Majority only, but the election must have at least 50 % voter turnout (OR CONST Art. If there are insufficient state funds and the measure does not provide a source, it is effective 45 days after next regular legislative session. 11 5). Not more than half of signers may be residents of Baltimore City or of one county. Ballot title and summary: Attorney general (Elec. Const. Art. Art. 2. 1-40-112). Circulator oaths or affidavit required: Yes (Const. It fails to qualify if under 90% and qualifies if at least 100%. Allowed to pay another for their signature: Prohibited (NSR 295.300). Amend. This violence was reflected in which foundational document?, The process that gives citizens the power to enact constitutional amendments and legislation is called the, The initiative, referendum, and recall are all . 295.009). Const. VI, Subpt. LXXIV, 2 and M.G.L.A. 5, 2; Constitution 48, Init., Pt. Majority to pass: Majority and at least 35 % of the total votes cast in the entire election (Ne.Rev.St. Stat. 1-40-111), Withdrawal process of individual signature: Written request prior to submission of signed petitions (C.R.S.A. Contributions from non-residents of the state, political committees organized outside the state, or an entity that is not filed with the secretary of state for four years preceding the contribution are prohibited (SDCL 12-27-18.2). Art. Art. 3, 1; Constitution 48, Init., Pt.

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