A referred measure may be voted upon at a statewide election or at a special election called by the governor. Pamphlet contains one-sentence statements describing the effect of a yes or no vote prepared jointly by the attorney general and the state secretary. Const. Art. 168.32). California. III, 52(b) and Mo.Rev.Stat. Rev. Allowed to pay another for their signature: Prohibited (Const. Verification: If more than 500 names have been signed on the petition sections filed with an election official, random sampling is used to determine the number of valid voters who have signed (Elec. Allowed to pay another for their signature: Prohibited (Mo.Rev.Stat. Submission deadline of signatures: Must address written petition to the legislature and 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. 3, 4. Submission deadline for signatures: Not more than 90 days after the law which is the subject of the petition has become law (Const. Ballot title and summary: Secretary of state in consultation with the attorney general, but the full text of the measure is included if it is not too long (NDCC, 16.1-06-09). II, 1a; 1b; 1g; O.R.C. Year Established: process adopted 1912, but laws specifying mechanics of process not adopted until 1933. Art. Art. Timeline for collecting signatures: Eighteen months or until April 30 of the year of the next general election, whichever is earlier (I.C. Reports of contributions and expenditures are due by the 15th of every April and October. Petitions must be submitted no later than 5 p.m. 90 days after the final adjournment of the legislative session. Circulator requirements: 18 years of age and a US citizen; nonresidents may be circulators but must check a box on the petition disclosing this (MCL 168.544c). III, 8). Const. Utah requires 60 percent approval for laws that alter hunting and fishing (See Utah Const. The veto power may be exercised only against entire bills, and it may not be exercised upon sections of bills except in the case of appropriation bills (1963 Alas. Const. II, 1(d) and RCW 29A.72.030 and .160). Tit. Const. Art. 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. St. 32-1405). Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. Initiative is a legislative proposal that originates with the people. Then the clerks verify the signatures; with a random sample of at least 500 or 5 % of the petition district's signatures. 3, 8). Art. Validity determined by the board of elections. 19, 3; Art. 168.32). Allowable uses of funds by ballot measure committees are specified at Elec. Which election is a measure on: General election unless the legislature orders a special election (MT CONST Art. 116.320). Art. Initiative, Referendum and Recall are three powers reserved to the voters to enable them, by petition, to propose or repeal legislation or to remove an elected official from office.. Pursuant to state law (A.R.S. Number of signatures required: For statutory initiatives, 2 % of the residential population according the last federal decennial census. Time period restrictions before placed on the ballot: Certified ballot title is due at least 65 days before the election. Art. Majority to pass: Yes (V.A.M.S. 3519.16). Attorney general then submits petition to the secretary of state which begins the deadline clock (Cal.Elec.Code 336, 9001, 9002, 9004). General election, or at a special election ordered by the general assembly. Verification: Each signature is physically counted (34 OS 6.1). Amend. Withdrawal process of individual signature: Any person who alleges they signed as a result of fraud, coercion, or being intentional misleading as to the substance or effect of the petition, may withdraw their signature by filing an affidavit with the secretary of state any time before the secretary of state has accepted and filed the petition (Miss. Timeline for taking effect: When governor makes official declaration of vote but not later than 30 days after vote canvassing (C.R.S.A. 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). Time period restrictions before placed on the ballot: Signatures submitted to appropriate state officials at least 10 days before submitted to secretary of state, which is the 50th day of the first regular session or the 25th day of the second regular session (21-A M.R.S.A. 1-40-105). None specified for title, and summary "prepared by the person authorized by law. Submission deadline for signatures: Not more than 90 days after the final adjournment of the session of the general assembly that passed the bill on which the referendum is demanded (Colo. Const. Bans on payment-per-signature have met with mixed results in the courts. If they win they keep their seat for the remainder of their term, if they lose they are removed from their term immediately. Art. Paid per signature: No ban, but must state employer if paid (O.R.C. 116.110) to the simple crossing out of ones name in Idaho (I.C. Number of signatures required: Eight % of the total number of legal voters for statutes. 6), Allowed to pay another for their signature: Likely prohibition on the use of public funds (26 Okl.St.Ann. 5, 1). 3501.38; 3519.05). Petition must be filed with county officials not later than 15 days following the primary election. 295.0575), North Dakota (NDCC Const. 2, 10). States may apply a single-subject rule or other restrictions. With the assistance of the secretary of state, the attorney general shall prepare a brief explanatory statement that must fairly describe the intent and content and what a "yes" vote favors and a "no" vote opposes (1 MRS 353). Number of signatures required: 6% of the total votes cast for the office of governor in the last election (OH Const. For direct initiatives, signatures must be submitted by April 15 immediately before the next general election (U.C.A. 21 1 and A.R.S. In some states, the official title of the legislation that is the subject of the referendum appears on the petition. Cal.Elec.Code 9005; Cal.Gov.Code 12172. L-04, 2011 WL 1130010, July 5, 2011). Who can sign the petition: Registered voters (A.C.A. 48, Init., Pt. 250.105). Timeline for taking effect: Becomes effective 30 days after the day it is approved by a majority of votes (Const. 3, 17(2)). Art. In 1921 the voters of North Dakota removed from office the governor, attorney general, and commissioner of agriculture. 168.544c). Majority to pass: Majority only, but the election must have at least 50 % voter turnout (OR CONST Art. Repeal or change restrictions: None (Const. Contributions in excess of $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. 2, 3; M.G.L.A. Const. XI, 6 and AS 15.45.440). Utah: The governor must decide that two measures are in conflict (U.C.A. Number of signatures required: Not more than 5 % of the qualified electors, based on the total number of votes cast for governor at the last preceding gubernatorial elections (Const. Art. Art. Art. 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. 1051, 1052, 1052-A, 1053-B, 1054, 1054-A, 1055, 1055-A, 1056, 1056-A, 1056-B, 1057, 1058, 1059, 1060, 1062-A, 1062-B and the Commission on Governmental Ethics and Election Practices). To schedule an appointment to file an Application for a Serial Number, please contact our office at ballotmeasure@azsos.gov. File a letter with secretary of state, signed by designated representatives, no later than 60 days prior to the election. Art. Code 9050). Proponents then file the measure with the secretary of state (I.C. 295.009; 294A.150; 294A.220, North Dakota: NDCC, 16.1-08.1-02.4; 16.1-08.1-03.1; 16.1-08.1-03.2, Ohio: O.R.C. 14, 3), What is on each petition: Entire text of proposed measure, date of general election it is to be voted on and circulators statement (ILCS Const. Prepared jointly by the secretary of state and attorney general, Const. Art. 19, 2; American Civil Liberties Union of Nevada v. Loma (2006); N.R.S. 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). 5, 11; Art. Both the referendum and the initiative were adopted in the United States under the leadership of groups hostile to machine politics or those convinced that government was generally insensitive to the popular will. 3; Const. III, 3 and NDCC 16.1-01-09(3)). 19-111), Where to file with: Secretary of states office (A.R.S. Code reviser issues certificate of review (RCWA 29A.72.020). Const. Art. 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. 3599.03). Paid per signature: Yes, and reporting is required (21-A MRS 903-A(5)). 5, 3; 34 Okl.St.Ann. Time period restrictions before placed on the ballot: There must be at least 31 days after the measure qualifies before the election (Const. Verification: By actual count (as opposed to random sampling), but this is not spelled out in statute. 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: The secretary of state prepares a "signature form (that) includes provisions for identification of the measure; the printed name, signature, and address of the committee member; and notarization of the signature" (NDCC, 16.1-01-07). Const. 22-24-407). IV, pt. Const. Tit. Allowed to pay another for their signature: Prohibited (O.R.C. 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. Art. It is based on the principle that officeholders are agents of the popular will and should, therefore, be constantly subject to its control. 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. Once the lieutenant governor receives the verified packets from the clerks, they count the number of names and declare the proposition sufficient or not (U.C.A. 11 5). 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. III, 3). 12; 25. Art. Const. Verification: County officials verify each signature, printed name, date of birth and address with the voter registration records to determine if the signer is a registered voter (NRS 32-1409). Art. ILCS Const. 4, 1, Pt. The lieutenant governor has seven calendar days after receiving the application to certify or deny it (AS 15.45.300). A.R.S. Number of signatures required: 5% of total votes cast for governor at last election (OK Const. 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. 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. Who can sign the petition: Qualified electors (A.R.S. If a petition is declared insufficient but has at least 75% of the required signatures in total and in at least 15 counties, sponsors may have an additional 30 days to gather more signatures. 1-40-105). 2, 3. Proponent financial disclosure requirements: In order to receive contributions or make expenditures in excess of $1,500 in a calendar year, must form a committee for political action and register with the secretary of state (NRS 294A.230). Timeline for collecting signatures: One year, but proponents must submit to the county officials no sooner than nine months and no later than four weeks prior to the final deadline (MCA 13-27-301; 13-27-202). 1-40-130, 1-40-111), Number of signatures required: Five % of votes cast for secretary of state in last election (C.R.S.A. XVI, 3(b)). Const. 116.030). Circulator requirements: Resident of South Dakota who is at least 18 years old (SDCL 12-1-3). Does the law in question take effect before the referendum vote: Any measure referred to the people by referendum petition shall remain in abeyance until such vote is taken; the filing of a referendum petition against one or more items, sections or parts of any act shall not delay the remainder from becoming operative. Maine: If neither receives a majority, the one receiving the most votes, if it receives more than one-third of the votes given for or against both, will appear at the next statewide election to be held not less than 60 days after the vote (M.R.S.A. The Legislative Counsel Bureau distributes items to legislators, public libraries, newspapers and broadcasters (N.R.S. 250.029). In three states (Massachusetts, Ohio and Utah), proponents must gather additional signatures to place the measure on the ballot after the first round. An important political aim of the Progressive movement was to. Secretary of state, in consultation with attorney general, OH Const. Art. 1953 20A-1-201; 20A-1-203; 20A-7-206). To do this, petitions have to be signed by a certain portion of the electorate, or voters. 12, 2; M.C.L.A. II, 9(b)). Verification: Sampling method that must include at least 10 % of signatures or more than 5,010 signatures, whichever is greater. Subject restrictions: None (Const. Code Ann. A recall allows people to remove public officials from office, while referendum voting and initiatives allow citizens to propose, approve, or veto specific legislation. Submission deadline of signatures: Signatures must be filed one year prior to the election (SDCL 2-1-1.2). Art. Public review or notice: None other found.. Circulator requirements: 18 years-old and US citizen and sworn oath by an official sponsor of the initiative as to the identities of the proposed circulators (W.S.1977 22-24-306). 116.120). And secretary of state will hold public hearings at least 95 days before the election (O.R.S. Here are the pros and cons of referendums to consider. Massachusetts: at least 30% (Const. provided safe working conditions for child laborers. Art. IV, 1). Number of signatures required: 10% of the total number of votes cast in the last general election; or 25% to suspend operation of the act until the election (Const. Allowed to pay another for their signature: Prohibited. Public notice requirements are found in the following statutes. Democracy and republican run against each other voters vote for one demarcate representative and one republican representative. III, 5(2)). Submission deadline for signatures: June 1 (Const. Art. 7-9-107). Proponent financial disclosure requirements: Reports of expenditures and contributions received are required quarterly in non-election years and monthly, March through November, in election years. 48, Init., Pt. Art. II, 1g). Number of signatures required: 10% of the total vote for governor cast in the last election (Const. Art. Art. 23-17-29). 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). Ballot title and summary: Secretary of the commonwealth drafts a fair, concise summary that appears on petitions and on the ballot (Const. V, 3; 34 Okl.St.Ann. Public review or notice: A public pamphlet includes the analysis prepared by the legislative council, arguments for and against and the fiscal statement. M.G.L.A. Records must be kept of contributions and expenditures. Most state statutes include some type of sampling, such as in the cases of Arizona (A.R.S. Who creates petitions: Petitioners, approved by secretary of state and attorney general (I.C. 1953 20A-7-205). Non-resident circulators and all paid circulators must register with the secretary of state before circulating petitions; it is the sponsoring committee's responsibility to collect and submit the completed registrations. Proponent financial disclosure requirements: Must obtain a petition entity license before circulating petitions or paying circulators (CRS 1-40-135(2)). Secretary of the state and attorney general. XVI, 2). 4, 1, Pt. 1953 20A-7-202), Proponent organization and requirements: At least five sponsors must apply (U.C.A. Art II, 10 and Elec. A criminal records check is conducted (ORS 250.048). Amend. Art. Geographic distribution: Not more than one-fourth the of signatures shall be from one county (Const. Proponent organization and requirements: When first filing the petition, no more than three primary proponents must be designated (34 Okl.St.Ann. Vote requirement for passage: Majority and not less than 35% of the total vote cast at the election (Const. 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. 106.191). IV, 1). CONST. Circulator requirements: U.S. citizen and age 18 or older (10 ILCS 5/28-3), Circulator oaths or affidavits: Yes (10 ILCS 5/28-3), Allowed to pay another for their signature: No statute, Number of signatures required: Eight % of the votes cast for governor in the last gubernatorial election (ILCS Const. 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 (N.R.S. Submission deadline of signatures: For statute initiatives, no later than three months prior to the election the measure is to be voted upon, and must submit to the county officials no sooner than nine months and no later than four weeks prior to the final deadline (MT CONST Art. 3, 4). Statutes for petition contents for each state: Every state includes requirements for circulators operating in the state. Art. Additional signatures are needed then. Timeline for taking effect: An act that is rejected is repealed effective the date the result of the canvass is filed by the secretary of state. (Note: This provision was found unconstitutional in July 2020 by a Superior Court judge and was later affirmed Aug. 31, 2020 by the state supreme court. Form of petition specified (M.C.L.A. 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 house eachthe fifth member is appointed by the four previous members. 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. This ensures that measures will not be passed by a small minority of voters, either because of a low turnout or ballot-drop off (where voters only vote partway through a ballot). Proponent organization and requirements: Original filing must include the names, addresses and signatures of at least 25 electors as sponsors (Const. 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. If they refuse, the measure is declared insufficient and does not appear on the ballot (A.C.A. Art. The decision may take the form of a ballot question, a private survey, or a poll. N.R.S. 3519.03; 3519.01; 3519.062). Repeal or change restrictions: Governor may not veto. Recall, the device by which voters may remove public officials from office, also originates with the people. Amend. 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). VI, 1 and Utah Code 20A-7-102). V, 3 and 34 OS 1, 4 and 8). Art. Attorney general aids summary. Code 18680. XVI, 3). Eighteen months, but cannot start collecting more than two years before the election, and a deadline of six months before the general election. 3, Sec. Art. 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. 4, 3; Constitution 48, Init., Pt. General election, and must file by the May before the election the measure is to be voted on. Not more than half of signers may be residents of Baltimore City or of one county. A committee must be formed upon the occurrence of any of the following in a calendar year: receiving $2,000 or more in contributions, , making independent expenditures totaling $1,000 or more or making contributions totaling $10,000 or more. Art. Art. Which election is a measure on: Biennial regular general election (C.R.S.A. States with popular referendums (23): Alaska, Arizona, Arkansas, California, Colorado, Idaho, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington Wyoming. 8; 9). 23-17-47; 23-17-49; 23-17-51; 23-17-53, Missouri: V.A.M.S. Who creates petitions: Secretary of state approves the format and printers proof (C.R.S.A. Rev. Const. 1-40-106; 1-40-107; 1-40-108. II, 9, a law that is the subject of the referendum continues to be effective until the referendum is properly invoked, which occurs when the board of state canvassers makes its official declaration of the sufficiency of the referendum petition (MCL 168.477(2)). Allowed to pay another for their signature: Prohibited (O.R.S. Filing must include the description of the effect of the measure, the sponsor's name and signature (NRS 295.015). Proponent organization and requirements: Primary sponsors file names with secretary of state, and a principal circulator is listed (Neb. 3519.22. (Const. Art. Art. Majority to pass: A majority of votes cast on the measure and not less than 40 % of total votes cast at the election. ch. 22-24-411). Where to file with: Legislative Research Council, attorney general and secretary of state (SDCL 12-13-25.1; 12-13-26). Art. 2, 10), Timeline for taking effect: Day after the election unless otherwise specified (Cal.Const. Secretary of the commonwealth and attorney general jointly. 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). Art. An optional random sampling process must be provided. 295.015). The Referendum is where the state legislators can deal with a problem by putting it on the ballot and letting the people vote it. Circulator requirements: U.S. citizens, 18 years of age or older and a resident of the state as determined by AS 15.05.020 (AS 15.45.335). Where to file with: Secretary of state (NDCC Const. Types allowed: Direct initiative for statutes and amendments and popular referendum, Single subject rule: Constitutional amendments only, not statutes (A.R.S. Code Ann. No more than one-quarter of signatures may come from a single county. Vote requirement for passage: Majority (Const. After the hearings, the proponents and Governor's Office of Management and Budget may revise (U.C.A. Where to file: Lieutenant governor (Const. XI, 3 and AS 15.45.320(5)). 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 (Const. M.G.L.A. Sponsoring committee must file a statement of renumeration prior to circulating signatures if circulators will be paid. 8). Ballot measure committees must also provide an initial disclosure report 15 days after the committee begins raising or spending money, with subsequent quarterly reports until the pre-election report is due. 4, Pt. 3, 6). Who can sign the petition: Registered qualified voters (Cal.Elec.Code 105, 9020, 9021), Geographic distribution: None, but may only sign petition circulated in the county of registration (Cal.Elec.Code 9021), Collected in-person: Yes (Cal.Elec.Code 100), Withdrawal process of individual signature: Written request with county election official before petition is filed (Cal.Elec.Code 103, 9602). General review of petition: Reviews done by attorney general and legislative services division (MCA 13-27-202).