Which election: General election, or at a special election ordered by the general assembly (Const. Proponents must file reports of payments made to signature gatherers. Petition title and summary creation: The title of the bill being referred is included on the petition (34 OS 1). 19-112; 19-121.01). For statutory initiatives, 6% of total votes cast for all candidates for governor in last general election. Art. Art. Secretary of state shall print pamphlet of statements in support and against the measures along with the attorney general's title, explanation, and clear statement of a yes or no vote, and if possible, a fiscal statement (SDCL 12-13-23 and 25.1). To allow opportunity for referendum petitions, no act passed by the legislature shall be operative for 90 days after the close of the session of the legislature enacting such measure. 116.334). Geographic distribution: Yes, signed by qualified voters equal in number to 15% of those resident in at least two-thirds of the counties of the state, as determined by those who voted in the preceding general election in that county (Const. 3, 52(f)). Art. 32-1405.01). Art. 3; Const. Cure period for insufficient signatures: 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 (NMSA 1-17-12). XI, 7 and AS 15.45.250). Which election: Next succeeding election at which the question may be voted upon by the voters of the entire state (Const. 19, 1 and NRS 293.127563). Art. Timeline for taking effect: Thirty days after the election unless otherwise provided in the act. 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. V, 3). 2, Sec. 5, 1), Single subject rule: Yes (Cal.Const. If more than one-third but less than the full number of the signatures required is submitted by June 1, the time for the law to take effect and the time for the filing of the remaining required signatures is extended to June 30 (Const. Petition sponsors may not gather signatures without first forming a ballot issue committee. In 18 states, the application to circulate a popular referendum petition is filed with the chief election officer. Submission deadline for signatures: 90 days after the final adjournment of the session in which it was passed, except when a recess or adjournment shall be taken temporarily for a longer period than 90 days, in which case such petition shall be filed not later than 90 days after such recess or temporary adjournment (Const. Art. 3, 18), Massachusetts (M.G.L.A. Paid per signature: Prohibited (MCA 13-27-102). 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)). Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures. For indirect initiatives, the legislature may make technical changes only, and prepare a legislative review note and a legislative fiscal note on the law proposed by the initiative petition. 22-24-414). VI, Subpt. What is on each petition: Must include a summary of not more than 100 words of the purpose of the proposed question, statement by signers, warning and check boxes to indicate whether circulator is paid or volunteer (MCL 168.482). Art. 19, 1 and NRS 295.045). Not more than half of signers may be residents of Baltimore City or of one county. 19-121.01); California (Elections Code 9030); and Colorado (C.R.S. Citizen initiatives and popular referenda are two forms of direct democracy. 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). Art. Statements of contributions and expenditures must be filed on Jan. 10, seven days before political party conventions, seven days before the primary, three days before public hearings, on Sept. 30 and seven days before the general election. Art. 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. Ballot title and summary: Secretary of state drafts title (21-A MRS 905-A and 906). For constitutional amendments, 10% of votes cast for governor in last election. 48, Pt. Cure period for insufficient signatures: If a petition is insufficient, a period of 20 days is allowed for correction (Const. Allowed to pay another for their signature: Prohibited (V.A.M.S. III, 5(1)). In all states, a qualified popular referendum may be placed on the ballot in a statewide general election. 7-9-106). Time period restrictions before placed on the ballot: See timeline and deadlines. Wording of Ballot Question and Effect of Yes Vote, No statute found; used Referred Act 1 (Nov. 1994) as a reference. III, 3; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. The maximum number of signatures counted from any individual congressional district is one-fifth of the total number required. Conflicting measures: The measure receiving the greatest number of affirmative votes prevails (N.R.S. Paid per signature: No ban on initiative petitions, but a statement must appear on the petition if circulator is being paid (W.S.1977 22-24-310). Const. In California (Cal.Const. 1(9)). 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). Stat. 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. The most common requirements: that they be at least 18 years old, a citizen, a registered voter and/or a resident of the state. * See also: 2011 N.D. Op.Atty.Gen. 23-17-47; 23-17-49; 23-17-51; 23-17-53, Missouri: V.A.M.S. Code 23-17-3. Sponsors submit full petition to title board for review (CRS 1-40-105). Subject restrictions: Laws passed by a two-thirds vote of the members of each house are not subject to referendum (Const. Number of signatures required: 2% of the entire vote cast for governor at the preceding biennial state election (Const. Const. Code Ann. Allowed to pay another for their signature: Prohibited (NRS 32-630 and -1404). 168.482). Proponent financial disclosure requirements: A committee must be formed upon the occurrence of any of the following in a calendar year: receiving contributions in excess of $2,000, making independent expenditures totaling $1,000 or more or making contributions totaling $10,000 or more (Govt. 3519.16. Where to file: Secretary of the commonwealth (Const. No more than one-quarter of signatures may come from a single county. Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. Art. Const. Withdrawal process of individual signature: By crossing out his or her own signature at any time prior to the time when the petition is presented to the county clerk for signature verification, or at any time after presentation of the petition to the county clerk but prior to verification of the signature, by presenting in writing or submitting electronically to the county clerk a signed statement that the signer desires to have his name removed from the petition. 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. Const. Art. Circulator oaths or affidavit required: Yes (21-A MRS 902 and 903-A). Prepared by chief legislative budget officer. In every state, petitions must follow guidelines, which vary by state. South Dakota has a unique statute regarding pay: may pay based on hourly wage or salary, express or implied minimum signature requirements for the circulator to meet, may terminate someone's employment if they do not meet "certain productivity requirements," and may pay discretionary bonuses based on reliability, longevity, and productivity. (SDCL 12-13-28). Art. Art. Rev. 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. Art. Another 3% is required to qualify for the ballot if not enacted by the legislature after four months. art. IV, pt. The next general election after signature petitions filed, a legislative session has convened and adjourned, and 120 days after the legislative session adjournment. Const. They represent direct check on democracy as people can exercise their powers to accept or reject a piece of legislation. Recall, Referendum, Initiative by Michelle Rimach - Prezi May also post in newspaper (21-A M.R.S.A. Where to file with: Secretary of state (V.A.M.S. XVI, 4). V, 2). 14, 9). 4 1, Part 1(6B), (6C) and (6D). Which election: First general election to be held not less than 30 days after the filing ofthe petition (Const. Who can sign the petition: Qualified electors (A.R.S. 116.332). Verification: Random sample of at least 5 % or at least 4,000 signatures. Submission deadline for signatures: Petition must be filed with county officials not later than 15 days following the primary election (NRS 295.056). Circulator requirements: 18 years of age (NRS 295.0575). Art II, 10 and Elec. 3517.01, .08, .10, .11, 12, .13, .20, .092, .093, .102, .105; O.H.R. 3519.02; 3501.381). art. Number of signatures required: For statutory initiatives, 8 % of legal voters that cast ballots for governor in the last election. Repeat measures: 5 years on any measure that is "substantially the same as that defeated by" the previous measure (W.S.1977 22-24-301). Circulator oaths or affidavits: Yes (O.R.C. And arguments for and against are prepared by committees with members appointed first by the secretary of state, the senate's presiding office and the house's presiding officer (RCWA 29A.32.040; 29A.32.060). Proponent financial disclosure requirements: Include but may not be limited to being covered by the states campaign finance laws, must follow reporting rules, and file statement of organization (RCWA 42.17A.005; 42.17A; 42.17A.205). (SDCL 2-1-3). 19-121. Art. Art. 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). 116.025). Then, the legislature rejects or accepts the proposition unchanged. 250.045; 250.067; 250.035; 250.036; 250.075). Art. Allowed to pay another for their signature: Giving or receiving money or anything of value for signing a petition or a statement of signature withdrawal is a class 1 misdemeanor (ARS 19-113(D) and -114.01). 3, 52). Allowed to pay another for their signature: Prohibited (IC 34-1821). 21 1; A.R.S. Board of Election commissioners and then certified to the secretary of state. 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. 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. Art. Art. No appropriations or other new revenues not provided for in the measure. Validity determined by the board of elections. Art. III, 3). If signatures are determined to be insufficient, an additional 10 days is allowed to gather more signatures. 2. stimulate democratic reforms such as the initiative and the referendum. The next regular or general election occurring subsequent to the 125 days after filing signatures. Const. III, 4; Neb. 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. The sponsor may file a written notice to withdraw the initiative with the secretary of state. All states require proponents of a popular referendum to follow guidelines. 3, 18 and 21-A M.R.S.A. 48, Init., Pt. Information page must contain description of subject and purpose of the petition, identification of sponsors, the required information relating to signatures and the required affidavit. Code 100). Const. 19, 3; Art. Stat. 2, 4, Pt. Repeal or change restrictions: No veto and only a majority of voters to overturn amendments, not 55 % (C.R.S.A. Art. Must register prior to signature collection and expenditures (On Our Terms '97 PAC v. Secretary of State of Maine (1999) and 21-A MRSA 903-C). Art. For statutory initiatives, must be submitted to be verified before appearing before the legislature on the second Tuesday in November in even-numbered years, or the next day. Majority to pass: Sixty % majority required (F.S.A. If raising more than $5,000 in a year, the entity must register as a ballot question committee. Nebraska: not less than 35% (Const. The two samples must total at least 5 % of the signatures submitted. 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 percent of signatures are to be collected between mid-May and July and must be submitted to the local registrars two weeks before submission to the secretary of state. 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). Laws 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. Every state requires or offers some type of review in addition to fiscal statements. Stat. At general elections except when a special election is ordered by the legislature, and must be filed at least six months before the election it is to be voted on.