One year for collection and must address written petition to the legislature. Law 6-207(c)). 116.060). 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. Code Ann. 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 the previous election. What does provisional mean in voting? For direct measures, four months from the election (RCWA 29A.72.030). Petitions must be submitted 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. 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. Mississippi: Attorney general may confer with proponents and may recommend revisions. 23 States have a popular referendum process. Proponent organization and requirements: Each proponent must certify that s/he is a US citizen, at least 18 years old, and a resident of California, and must provide public contact information (Const. 54, 22A). 3501.38; 3519.05, Oklahoma: OK Const. 19, 2; American Civil Liberties Union of Nevada v. Loma (2006); N.R.S. II, 1c and ORC 3519.21). Art. Vote requirement for passage: Majority (Const. What distinguishes a ballot initiative from a referendum quizlet? 24th Which of the following is true about voter registration? Legislature or other government official review: The Legislative Research Council also provides written comments to the attorney general (SDCL 12-13-25; 12-13-25.1). Withdrawal process of individual signature: By giving written notice to the lieutenant governor before the date the petition is filed (AS 15.45.350). 34-1807), Circulator oaths or affidavits: Yes (I.C. For amendments, 10 % of the total votes cast for governor (M.C.L.A. Art. 53 7). (Const. Constitution 48, Init., Pt. Cure period for insufficient signatures: None specified. d. It is the process by which a party selects its candidates for the general election c 8. Application process information: Submit draft and affidavit to attorney general with fee of $2,000, refunded when measure qualifies for the ballot within two years. 2, 4, Pt. 7-9-111). Conflicting measures: Voters may choose one or reject both. Timeline for taking effect: Thirty days after the election at which it was approved (Const. 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). VI, Subpt. Rev. Stat. No later than six months after the adjournment of the legislature which passed the act. Application process information: Not specified. 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. 41. A statement must be filed by a ballot issue committee supporting or opposing a measure not more than 35 days after the petition is filed (MCL 169.234). 4, Pt. Must be submitted by September, then December, and then possibly July (M.G.L.A. An emergency law shall remain in force notwithstanding such petition but shall stand repealed 30 days after having been rejected by a majority of the qualified electors voting thereon (Const. Art. IV, 1(4)). Art. States with geographic requirements using entities that are unequal in population, such as counties or even state legislative districts, are more likely to have the requirement challenged in court (for example, see Montana). 116.160; 116.180; 115.245; 116.210; 116.220. In Arkansas and Maryland, the application is filed with the state election board. 2, 8, 12). 24-22-403). The legislature has 40 days to pass the unchanged initiative. Art. 116.332). Seven states require filing an initial number of signatures or registering of sponsors as part of an application to fully circulate an initiative: Four states require a filing fee in statute: RCWA 29A.72.010; 43.07.120; 29A.72.020; 29A.72.040. All 23 popular referendum states require a simple majority to pass a popular referendum. Petition title and summary creation: Petition includes the title of the referred law (SDCL 2-1-3.1). Application process information: State Board of Elections is empowered to adopt regulations specifying procedures for filing and circulating petitions (Elec. Proponent financial disclosure requirements: Must file a statement of formation as a political action committee within 10 days of formation (Wyo. If any pair do not match, the rest of the signatures on that page must be verified via this comparison (MCA 13-27-303; 13-27-304). Const. Time period restrictions before placed on the ballot: 125 days must pass after filing petition before election (OH Const. States with direct initiatives (19): Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Michigan, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington, States with indirect initiatives (10): Alaska, Maine, Massachusetts, Michigan, Mississippi, Nevada, Ohio, Utah, Washington, Wyoming. Indirect initiatives can require two rounds of signature gathering, so timelines and deadlines for these are more complex. Legislature reviews the indirect statutory initiatives. 295.055; 295.009, North Dakota: NDCC, 16.1-01-07; 16.1-01-09, Ohio: OH Const. Verification: The secretary of state establishes the statistical sampling method. In political science, voter apathy is a lack of interest among voters in the elections of representative democracies. Art. 3, 51). The criteria for these requirements vary wildly. 22-24-407). Code 107). 295.009, Ohio: Const. Same if an alternate measure is proposed. The referendum's difficult procedure is in place to protect it and ensure that it is not easily changed. In order to suspend effectiveness of the act pending a vote, signature requirement is 10% (Const. Code Ann. Timeline for taking effect: Thirty days after the election (Const. 6, 1; U.C.A. These are all then submitted to the secretary of state (SDCL 12-13-25.1; 12-13-26). Code 23-17-3), Which election is a measure on: Statewide general election (MS Const. Art II, 9). Application process information: Text and proposed ballot statements are submitted to secretary of state. 4, Pt. Const. These include filing reports and designating organization officers. The group of people who are eighteen and older. 16. b. the candidate who raises the most money during the campaign In what case did the Supreme Court say that purposefully drawing districts where the majority of voters Petition title and summary creation: Attorney general certifies submitted title and measure and summary by secretary of state, with attorney general oversight (M.G.L.A. 3, 52(c)(i)). 1-40-112). (MGL ch. 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). 22-24-416). a. conduct opinion polls. Attorney general aids summary. Art. Plurality and majority systems tend to LXXIV, 2 and MGL ch. Submission deadline for signatures: June 1 (Const. 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. Circulator requirements: Must be Montana resident (MCA 13-27-102; 1-1-215), Circulator oaths or affidavits: Yes (MCA 13-27-302), Paid per signature: Cannot be paid based on the number of signatures collected but can be paid in general (MCA 13-27-102; 13-27-112). Art. New Mexico: at least 40% (Const. Tit. d. All of the above involved ideological clashes. V, 1(6) and C.R.S. Art. 34-1821), Number of signatures required: Six % of the qualified electors at the time of the last general election (I.C. If a petition is insufficient, a period of 20 days is allowed for correction. The secretary of state writes arguments for and against the measure with information provided by proponents and opponents (Neb.Rev.St. 168.472a). Art. Law 6-204). 116.025). Const. Same must also be reported quarterly on April 15, July 15, Oct. 15, and Jan. 15 (NRS 294A.220). Art. Proponent financial disclosure requirements: Registration is required prior to making an expenditure for or against a ballot measure; group name must include the title or common name of the measure if the group intends to make more than 50% of its contributions or expenditures toward a single measure (AS 15.13.050). Public review or notice: A pamphlet containing titles, summaries, arguments or explanations for and against each measure and alternative (sponsors may prepare their own arguments/explanations, otherwise the Secretary of State will). Who can sign the petition: Qualified electors (A.R.S. 19, 6). XLVII, Pt. III, 2). Bans on payment-per-signature have met with mixed results in the courts. 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). Signatures gathered in violation of these requirements are void (ARS 19-101(A)). Ten states do not have a geographic requirement; 14states do. Const. Who creates petitions: Secretary of state (Neb.Rev.St. 12, 2). Art. art. Signers must be residents in at least three-fourths of the state house districts, and signatures in each house district must equal in number at least 7% of those who voted in the preceding general election, 3% of total votes cast for the office of governor from at least 15 counties. IV, 1). LXXXI, 4). Art. c. $5,000,000 Art. Art. Next statewide or special election after the legislative session concludes sine die, and 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. 3599.03, Oklahoma: 34 Okl.St.Ann. Public review or notice: Public may comment for 15 days on petition once it is approved for circulation, and may attend hearing held by joint committee on legislative research, with comments from that meeting made public, and newspaper publication (V.A.M.S. 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). But such enactment may be amended or repealed at any general regular or special election by direct vote of the people thereon (Const. Repeat measures: May only be attempted once every three years (Ne.Rev.St. Art. Circulator requirements: Can be out-of-state resident but must mark this on the affidavit. 34-1805), Who can sign the petition: Qualified electors (I.C. 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. 15, 273), Conflicting measures: Measure with highest number of affirmative votes prevails (MS Const. Petitions carried by paid circulators must be filed on a monthly basis. 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). Verification: The secretary of state may verify the signatures on the petition by use of random sampling (Mo.Rev.Stat. Art. 19-121. The next regular or general election occurring subsequent to the 125 days after filing signatures. Timeline for collecting signatures: For direct constitutional amendments, nine months and three weeks. 1(5)). Nonpartisan staff of general assembly prepare summary, analysis and fiscal review (C.R.S.A. Public review or notice: Secretary of state publicizes the measure in newspapers in every county and prepares a pamphlet that is mailed to every mailing address in the state (5 ILCS 20/2). Petitions must be submitted not later than 90 days after the final adjournment of the legislature; if that deadline falls on a Saturday, the office of the secretary of state must be open from 8 a.m. to 5 p.m.. Const. a. a press junket. Code Ann. 16, 6; N.R.S. Withdrawal process of individual signature: Any signer may remove their signature at any time before the petition is filed by striking it out on the petition (ORC 3501.38(H)). Arizona (Const. Timeline for collecting signatures: Have 180 days (M.C.L.A. Art. A deposit of $100 is required; deposit is refunded if the petition is properly filed and retained if it is not properly filed (AS 15.45.260 and .270). 34-1802). Art. 19-123 and A.R.S. 21 1), Timeline for taking effect: Upon proclamation of the governor (A.R.S. III, 4). Oklahoma: Secretary of state reviews and processes the petition, along with the attorney general and the supreme court. 1-45-103, 1-45-108.3, 1-45-111.5 1-45-117, Maine: 21-A M.R.S.A. Petition sheets also always include space for signatures. Massachusetts, Ohio and Utah use this sort of process. Timeline for taking effect: Becomes effective 30 days after the day it is approved by a majority of votes (Const. Normal constitutional amendment requirements are needed to overturn an amendment (M.G.L.A. In order for a political party to select a candidate to run in the general election, it holds a. 1-40-113). Sponsor or group who receives contributions or spends over $500 for the passage or defeat of the referendum must file a statement of organization as a ballot question committee. Who can sign the petition: Electors (O.R.S. Subject restrictions: Cannot be used on urgency statutes, statutes calling elections or statutes providing for tax levies or appropriations for current expenses of the state (Const. 2, 8). 34-1807, 34-1705). The legislature may submit a competing measure to the ballot (M.G.L.A. Art. Const. General election, and signatures must be verified no later than Feb. 1 of the year of the general election. It fails to qualify if under 90% and qualifies if at least 100%. Which election: Biennial general election (Const. Send us feedback about these examples. 23 states allow for citizens to initiate popular referendums, and one territory, the U.S. Virgin Islands. 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. For amendments, must be submitted for verification by the third Tuesday in June of the general election year. CONST. Number of signatures required: 4% of the votes cast for all candidates for governor at the last election (Const. Therefore the Commonwealth Parliament could now make laws concerning the Aboriginal people as it had become a Concurrent power. Art. IV, 1(4)). 3, 19). Art. The following is not a legal, comprehensive list of every campaign finance law governing the referendum process in each state but is rather a basic summary and starting guide for where to find relevant statutes. Popular referendum: A citizen-led process to oppose and strike down existing laws. This is in contrast to an issue being voted on by a representative. Art. 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. The poor timing of a referendum's voting on election day may mean voters disregard it altogether as their focus is on the election. 1953 20A-7-206). 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. Acts making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act. 116.090). Proponent financial disclosure requirements: Political committees must file a statement of organization (NMSA 1-19-26.1). And secretary of state will hold public hearings at least 95 days before the election (O.R.S. These serve as the ballot title. Vote requirement for passage: Majority (Const. For indirect statute petitions, the legislature has 40 session days to pass or reject the unchanged or unamended measure. 54 42A, 53; M.G.L.A. Petition title and summary creation: Sponsors draft title (Const. Where to file: State Board of Election Commissioners (Const. Collected in-person: Yes, In-person (21-A MRS 902). 1953 20A-7-202). The plurality system These may be accepted or rejected (Neb. Const. Geographic distribution: 6% of the qualified electors at the time of the last general election in at least 18 legislative districts (IC 34-1805). Geographic distribution: A requirement for 5 % of the registered voters in two-fifths of the counties each was held unconstitutional, but that case was vacated because of an issue of standing (Neb. V, 1(3)). Proponent organization and requirements: A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter 37 (MCA 13-27-112). Submission deadline for signatures: By 5 p.m. not more than 90 days after final adjournment of the legislative session at which the bill was passed (Const. Conflicting measures: If the governor believes that two approved laws, or parts laws, are entirely in conflict, they proclaim the measure to be law that has received the greatest number of affirmative votes (U.C.A. Art. 3503.06). Proponent organization and requirements: One designee will serve for official notices and statement of organization (V.A.M.S. To register as a paid circulator, in the past give years one cannot have been convicted of a crime involving fraud, forgery or identification theft in any state or be subject to a civil penalty due to an election offense. 1953 20A-7-212). Timeline for taking effect: When approved (Const. Hear a word and type it out. 3519.21). Petition title and summary creation: None specified for title, and summary "prepared by the person authorized by law" (M.C.L.A. Art. VI, 1 and Utah Code 20A-7-102, Laws passed by a two-thirds vote of the members of each house, Const. 5, 1). V, 1(3)). Where to file: Attorney general (Elec. 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. Const. Time period restrictions before placed on the ballot: No additional other than deadlines, Majority to pass: Yes (MT CONST Art. $100; refunded if application is properly filed, Const. Const. 2, 1). 10% of total votes cast in previous general election, 5% of votes cast for all candidates for governor in previous election, 6% of total votes cast for the office of governor in the last general election, 5% of votes cast for all candidates for governor in the last gubernatorial election, 5% of votes cast for secretary of state in last election, 6% of the qualified electors at the time of the last general election, 10% of the total votes cast for governor in the last gubernatorial election, 3% of the votes cast for governor at the preceding biennial state election, 2% of the entire votes cast for governor at the preceding biennial state election, 5% of total votes cast for all candidates for governor in the last general election, 5% of the total vote cast for governor at the last election. Const. Petition title and summary creation: Secretary of state (Wyo. Proponents must file reports of payments made to signature gatherers (IC 67-6612). Const. 2, 3). 7-9-104), California (Cal.Elec.Code 9001, 9004; Cal.Const. Code 23-17-37). Ballot title and summary: Ohio ballot board. How long a citizen must reside in a state before becoming eligible to vote. Paid per signature: No ban, but must mark this and identify their employer on the affidavit (V.A.M.S. The term the Aboriginal Race was used in the question. art. Depending on the legislature's action, the proponents may continue to pursue placement on the ballot for a popular vote. Art. Which of the following is a nonprofit aimed to get out the vote? b. coattail effect. V, 3 and OK Stat. 1-40-123), Majority to pass: Amendments require 55 % (C.R.S.A. The secretary of state consults with the legislative counsel for any technical suggestions, which will be posted to the secretary's website. If passed by legislature, it is subject to the referendum (M.C.L.A. Petition title and summary creation: Secretary of state (21-A MRS 901(4)). Code 23-17-37), Thirty-five percent in Nebraska (Ne.Rev.St. Subject restrictions: Laws immediately necessary for the preservation of the public peace, health, or safety, or for the support and maintenance of the departments of the state government and state institutions are not subject to the referendum (Const. a. proportional representation . Const. Australians have triggered this veto function often, denying 36 of 44 proposals. The first question, referred to as the nexus question, was an attempt to alter the balance of numbers in the Senate and the House of Representatives. 3, 1 and SDCL 2-1-5). Where to file with: Secretary of state (V.A.M.S. 3, 4; Art. Secretary of the state and attorney general. Const. Art. II, 1b). Art. 1(6C) and (6D)). States vary in the way popular referendum questions are posed. b. George W. Bush and John McCain in 2000 Code Ann. Secretary of state, in consultation with attorney general, OH Const. Collected in-person: Yes (Const. General review of petition: The Citizens' Initiative Review Commission reviews measures and may create a citizen panel to review specific ones (O.R.S. Fiscal review: The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. Art. Attorney general prepares explanatory statements. II, 1b; O.R.C. For constitutional amendments, generally take effect upon passage (Opinion of the Justices (1972) 287 N.E.2d 910, 362 Mass. Who creates petitions: Secretary of state prepares an official template for the cover sheet and signature sheets for each petition (ORS 250.052). V, 1(6)). Stat. 3, 50), Other subject restrictions: No appropriations or other new revenues not provided for in the measure (V.A.M.S. IV, pt. 6, Gen. Code 104). majority of its delegates, it is called the Art. 116.334). 8; 9). Washington, D.C. also has an initiative and referendum process at the districtwide level. (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. 168.32). Art. 40. Code 9001). Signature pages must include description of subject and purpose of petition, a fair and accurate summary or the full text, a statement to which each signer subscribes, spaces for signatures, spaces for signers' county and space for the required affidavit. 1(9) and A.R.S. Public review or notice: The attorney general submits a draft ballot title and the public may submit written comments regarding it, which the attorney general may use to revise the title. Allowed to pay another for their signature: Prohibited (O.R.C. 3, 52(g) and Wyo. c. decreases partisan conflict in government. 3, 3; NDCC, 16.1-01-09). 3, 17(1)). 2, 10). Art. 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. States sometimes limit how soon a measure can be re-attempted. The second question was to determine whether two references in the Australian Constitution, which discriminated against Aboriginal people, should be removed. Disclosure of advertisements is required (ARS 19-925). 5, 1; A.C.A. Art. d. incumbency. 14, 3, 10 ILCS 5/28-2, Massachusetts: M.G.L.A. 19-124). Paid per signature: Prohibited (MCA 13-27-102). 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. 2, 19; Amalgamated Transit Union Local 597 v. State of Washington, 11 P.3d 762, 2000), Other subject restrictions: None (RCWA Const. III, 1). For amendments, must be submitted for verification by the third Tuesday in June of the general election year. In calendar quarters with an election, additional reports are due 10 days before the election and 15 days after the election. Which election: General election, or at a special election ordered by the general assembly (Const. Subject restrictions: Such laws as may be necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing public institutions are not subject to referendum (Const. A small group of people made up of citizens who are eighteen and older and are eligible to vote is known as ________. M.G.L.A. Florida: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme court. 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). a. funding money through unregulated PACs Repeal or change restrictions: May repeal or alter a statute at any time. Withdrawal of petition: May remove no later than 120 days prior to the next general election (SDCL 2-1-2.3). Art. 22-24-408 and -410). Nebraska: The revisor of statutes reviews and recommends revisions with respect to form and draftsmanship. Cure period for insufficient signatures: If the petitions were filed at least 165 days before the election and the submission deadline has not passed, and the signatures are deemed insufficient, petitioners may submit more signatures (OR Rev.
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