Petition title and summary creation: 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. Study with Quizlet and memorize flashcards containing terms like During the gold rush, white miners used nativism and racism to justify their violence against Native populations. 168.471; 168.472). XVI, 2). Ballot title and summary: Attorney general (SDCL 12-13-1.1 and -9). Petitions must be submitted either before 5 p.m. 30 days after the first individual signs the petition or 40 days after the legislative session ends, whichever is earlier. VI). 106.03). Const. Who can sign the petition: Registered voters (Const. 19-121), Ballot title and summary: Secretary of state, approved by attorney general (A.R.S. III, 5). CHAP. 13 Sample Exam Flashcards | Quizlet 22-24-402. Amend. 3, 18 and 21-A M.R.S.A. Verification: Each countys supervisor of elections will take a sample or verify every signature. The state's initiative, referendum, and recall processes. [Ballot] They exist in a variety of forms. 19, 3; N.R.S. 1(5)). Circulator oaths or affidavits: No, but they certify that each signature was in their presence and that they believe each individual is an elector (O.R.S. Art. Const. 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. 1953 20A-7-207; 20A-7-209; 20A-6-107). Verification: Lieutenant governor verifies the total number of signatures and qualification of the signers, and that there are sufficient signers who are resident in three-fourths of the house districts (AS 15.45.160). Application process information: File with the secretary of state an application containing the act to be referred. 3, 17(1)). Where to file with: Legislative council and office of legislative legal services first, and then the secretary of state (C.R.S.A. 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. 100.371; 16.061). Petitions are valid for one year, and deadline of 90 days before the first day of the legislative session. Next general election held at least 131 days after signatures are certified. 48, Pt. 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. 6. a. to make a difference b. to lead by example c. to give hope d. pleasant They are not synonyms of the other words in each group. Prepared by the Office of Fiscal and Program Review. Art. Who can sign the petition: Registered voters (A.C.A. Art. Disclosure reports must be filed 60 days before the election, on the 5th and 20th day of each month until the election, the 20th day of November after the election, and the 20th of January each year. Ballot title and summary: Lieutenant governor forwards petitions that are qualified for the ballot to the Office of Legislative Research and General Counsel, who drafts an impartial title of not more than 100 words summarizing the contents of the proposal. 5, 1; Amend. And secretary of state will hold public hearings at least 95 days before the election (O.R.S. 1953 20A-7-202.5). III, 3) and at least 18 years of age (NDCC 16.1-01-09(4)). Const. They must also designate a committee of five to represent the proponents (O.R.C. Art. III, 4). Legislature may amend initiative after two years. The referendum may be obligatory or optional. Const. After chance for comment by all legislators, the legislative council prepares an impartial analysis with description, background information and likely effects (A.R.S. Stat. 3, 52(f)). Does the law in question take effect before the referendum vote: No (Const. 106.19, 100.371, 120.54), Who creates petitions: Approved by secretary of state (F.S.A. Repeal or change restrictions: Governor may not veto. Which election: The first statewide election held more than 180 days after adjournment of the session during which the act was passed (Const. 5, 11; Art. Tit. St. 32-1405). Art. 3, 1; SDCL 2-1-6). Petition title and summary creation: Written by sponsors, approved by attorney general (Const. 11 3), Collected in-person: No direct statute (F.S.A. Timeline for taking effect: Effective upon the governor's proclamation of the vote (Const. (Const. 5, 2; 34 Okl.St.Ann. Application process information: At least five sponsors must apply, each of whom is registered to vote in Utah. Campaign statements must be filed by the 11th day before the election, the thirtieth day after the election, April 25 and July 25 every year, Oct. 25 in odd-numbered years. 3, 52). To account for double-signing, the secretary will apply at least an 8 % duplication rate to the first sampling. Some states limit the number of sections of code or the constitution that may be altered. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments, and popular referendum, Single subject rule: Yes (O.R.C. Ballot title and summary: Submitted to Board of Election Commissioners and then certified to the secretary of state (Ark. Statewide general election, and 90 days before the first day of the legislative session and the first five measures make it on the ballot. 11 5, Idaho: I.C. 19-123 and A.R.S. Application process information: Submit draft of proposed initiative to legislative council and office of legislative legal services for review and comment. Art. Details: Every initiative state requires some form of public notice. 250.045; 250.048). Const. 250.105). 19, 1 and NRS 295.045). Allowed to pay another for their signature: Prohibited (NDCC, 16.1-01-12). Art. Payment on a per-signature basis prohibited. IV, pt. Petition sponsors may not gather signatures without first forming a ballot issue committee. Submission deadline for signatures: Petition must be filed with county officials not later than 15 days following the primary election (NRS 295.056). If the petitions are approved and the signatures are valid, the proposal can be voted on. Proponent organization and requirements: Original filing includes the names and street addresses of every person, corporation or association sponsoring the petition (NRS 32-1405). Sample petition prepared by secretary of state must include the text of the measure, a statement of purpose and implication, and yes-no statements, as prepared by the petitioner (MCA 13-27-202 and -205). This same process also applies to individual petition districts (NRS 293.1277). The popular referendum process allows voters to approve or repeal an act of the legislature. 54 53). Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. 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. Resource Initiative and Referendum Overview and Resources Art. Petition title and summary creation: The title of the act subject to the petition appears on the petition (Utah Code 20A-7-303). 1(9) and A.R.S. In every state, a constitutional amendment requires a vote of approval. Art. Art. If statistical sampling shows that the number of valid signatures is between 95-110% of the number required, an examination and verification of signatures is conducted (Elec. Art. Secretary of state, in consultation with attorney general, OH Const. 2, 3), Fiscal review: A statement of 100 words or less by secretary of administration and finance regarding fiscal consequences of the measure (M.G.L.A. Who creates petitions: Secretary of state (ORC 3519.05(C)). Cure period for insufficient signatures: Subsequent to the filing of a petition under this subtitle, but prior to the deadline for filing the petition, additional signatures may be added to the petition by filing an amended information page and additional signature pages conforming to the requirements of this subtitle (Elec. Art. Proponent financial disclosure requirements: Prior to receiving a contribution or making an expenditure, a campaign must designate a treasurer by filing with the secretary of state (ORC 3517.10(D)). Fifteen % for amendments (A.R.S. Const. Such statement shall in clear and concise language explain the effect of a vote for and against the measure in such language that the statement will not be intentionally an argument or likely to create prejudice, either for or against the measure (NRS 32-1410(2)). Art. III, 2; Art. A simplified explanation of the initiative process follows. Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). CONST. 3, 4. Conflicting measures: The measure receiving largest number of affirmative votes is enacted (M.G.L.A. II, 1g). Const. 1953 20A-1-201; 20A-1-203; 20A-6-106; 20A-7-206. An initiative is a proposal of a new law or constitutional amendment that is placed on the ballot by petition, that is, by collecting signatures of a certain number of citizens. Art. 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. Subject restrictions: The power of referendum does not extend to acts making appropriations for state institutions or to meet deficiencies in state funds (Const. XLVII, Pt. Majority to pass: Yes (M.R.S.A. Art. III, 2). General review of petition: None other found. Who creates petitions: The proponents (Miss. initiative, referendum, and recall - Students - Britannica Kids Art. Ballot title and summary: Attorney general after receiving written comments from the Legislative Research Council (SDCL 12-13-25.1). Secretary of state may send petition pages to election authorities for verification. III, 4). 3519.07). Const. Steps for an Initiative to become Law Write the text of the proposed law (initiative draft). Art. Art. 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. Attorney general prepares explanatory statements. 1953 20A-7-212). Art. Art. Two official representatives of the proponents must attend all petition review meetings. Art. 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). 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). Art. Art. 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 (RCW 42.17A.260). 22-24-416). II, 1g; O.R.C. Proponent financial disclosure requirements: Include but may not be limited to filing about the use of paid circulators and filing reports (MCA 13-27-112; 13-27-113). Art. Art. 295.015). Art. 3, 20 and 21-A MRSA 901). Art. 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. Const. Code 16.1-01-10). Time period restrictions before placed on the ballot: There must be more than 180 days between the adjournment of the session during which the act was passed and the election at which it is considered (Const. Geographic distribution: 5% in each of two-thirds of the congressional districts (Const. II, 9(b)) and eligible registered voters (Elec. Art. No later than six months after the adjournment of the legislature which passed the act. Full and correct copy of title and text must be printed on petitions (NRS 32-1403). 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. Subject restrictions: Laws providing for tax levies, appropriations for the current expenses of the state government and state institutions and emergency laws necessary for the immediate preservation of the public peace, health or safety (OH Const. 1953 20A-7-202). Pre-election statements must be filed 40 and 12 days before the election (Govt. 22-24-413). Art. Const. 901 and 1 M.R.S.A. 165-014-0005 Designating the State and Local Initiative, Referendum, Referral and Recall Manuals and Forms (1) The Secretary of State designates the State Initiative and Referendum Manual revised 02/2022 and associated forms as the procedures and forms to be used for the state initiative and referendum process. IV, 1). Art. Application process information: Sponsors draft petition and file with secretary of state (34 OS 1). III, 52(a)). VI, Subpt. States vary in how they verify the collected signatures. 116.120). Art. Art. 16, 6; N.R.S. 218D.810; 293.267). 19, 3; N.R.S. 1-45-103, 1-45-108.3, 1-45-111.5 1-45-117). 354). If politicians are ignoring citizens' concerns, they can pass the law themselves 2. Most states only allow an individual to withdraw a signature before the official filing of the petitions. Public review or notice: Fiscal statement summary available at polling places, secretary of states office, and Office of Demographic and Economic Researchs website. Repeal or change restrictions: May repeal or alter a statute at any time. For indirect initiative states, this review process involves the legislature and can be quite extensive. Since the process is an indirect initiative, the legislature has four months to adopt the unchanged constitutional initiative by a majority in each house before the secretary of state submits it to the people. Majority to pass: Majority only, but the election must have at least 50 % voter turnout (OR CONST Art. Which election is a measure on: General election, but governor and legislature may call special elections (U.C.A. 5, 1 and ACA 7-9-107). Art. Legislature or other government official review: The legislature may determine method of determining fiscal impact (NDCC Const. III, 6). 1953 20A-7-213). 3503.06). Must have full text of the measure and names and addresses of the sponsors (NDCC Const. Withdrawal process of individual signature: Written statement at secretary of states office, mail a notarized statement to the office, or strike name through on petition (A.R.S. II, 1(b) and RCW 29A.72.010. 295.015). Where to file: Secretary of state and attorney general (ORC 3519.01(B)). Art. Timeline for taking effect: The date of the official declaration of the vote thereon by proclamation of the governor, but not later than thirty days after the vote has been canvassed (Const. 2, 10; Cal.Elec.Code 9004). Only 20 signatures allowed per sheet and each sheet is from one county. 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. Proponent organization and requirements: Must also file statement of organization (SDCL 12-27-6). Circulator oaths or affidavit required: Yes. and more. 116.030). II, 1g). Art. A petition organizer must register with the secretary of state. As in the case of the initiative and referendum, the recall process gives citizens a chance to practice grassroots democracy by removing elected officials who are disapproved of by a majority of voters. Referendum: Definition, Rationale and Criticism for UPSC Polity - BYJUS Ballot measure committees must file pre-primary, pre-general, year-end and, if applicable, supplemental reports in even-numbered years. Time period restrictions before placed on the ballot: 120 days after the adjournment of the legislative session (W.S.1977 22-24-319). Art. Number of signatures required: For statutory initiatives, 2 % of the residential population according the last federal decennial census. Fiscal review: Director of the Legislative Research Council prepares a fiscal note as requested (SDLC 2-9-30; 2-9-31; 2-9-34). 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). 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. The next general election after signature petitions filed, a legislative session has convened and adjourned, and 120 days after the legislative session adjournment. Const. Const. Does the law in question take effect before the referendum vote: Not automatically, though the law can be suspended with a higher signature threshold and an earlier submission deadline25% of the total vote cast in the last election, including 25% of the votes cast in each of 3/4 of the counties, submitted no later than 90 days after the adjournment of the legislative session (Const. VI, Subpt. A referendum is a question that appears on a ballot that voters can answer in order to voice their opinion on a particular issue. Art. 3, 52(c)(i)). License petition entity must register with secretary of state and obtain license (C.R.S.A. Arizona: Proponents may submit proposed bill to the director of the legislative council for review. Random sample of at least 500 or 5% of the signatures, whichever is greater. U.S. History Midterm Review Packet 2022.docx - NAME Art. Who can sign the petition: Qualified electors (Const. What is a RECALL? But these devices, like the recall, are legal only in certain states and municipalities, not at the national level. In other words, it is the ability of the voters to enact or repeal laws, or recall elected officials. Additional signatures are needed then. 54, 53). Const. 53 7). III, 2), Oklahoma (OK Const. 7-9-111). Timeline for taking effect: Thirty days after the election (Const. Const. 7-9-404). Art. States may limit the subject matter of popular referenda. For statutes, 5% of total qualified electors of the state, determined by the number of votes cast for governor in the preceding general election. N.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. 3, 17(2)). Disclosure of advertisements is required (ARS 19-925). Proponent financial disclosure requirements: Include but are not limited to reporting for contributions over $1,000, restrictions on what organizations can support, disclosure statements, semi-annual and pre-election statements, quarterly ballot measure statements, expedited and triggered statements and more (Cal.Gov.Code 82013, 84200, 84202.3, 85309, 84511, 84101, Cal.Elec.Code 18680; Form 460). Art. This wording must be used: Shall a law (here insert description, and state, in distinctive type, whether approved or disapproved by the general court and by what vote thereon) be approved?, No statute found; see Michigan Manual 2009-2010, p. IX-2. Vote requirement for passage: Majority (AS 15.45.220). Art. Conflicting measures: Measure that receives greater number of affirmative votes passes (C.R.S.A. 22-24-412, Within 90 days after the adjournment of the legislative session at which it was passed. Secretary of state will choose one argument for and one against to print in the voter pamphlet, which is mailed to every household in the state (I.C. Seventeen states do not provide for any limitation on attempting to repeat a specific measure: Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Maine, Michigan, Missouri, Montana, Nevada, Ohio, Oregon, South Dakota and Washington. Supermajority vote only to change vote requirement. Const. 53 7). Which election: Biennial regular election (IC 34-1803). Petitions must be submitted by 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 that is not a weekend or holiday. Who can sign the petition: Qualified voters (Const. Stat. Initiatives and referendums in the United States - Wikipedia Some states do not specify a method for verification. Circulator requirements: 18 years of age (NRS 32-629 and -1404). CONST. 16-119; None other found in 26 Okl.St.Ann). 3, 1 and SDCL 2-1-5). XVI, 2). Amend. III, 52(a) and Mo.Rev.Stat. M.C.L.A. Time period restrictions before placed on the ballot: See timeline and deadlines. 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. II, 1b), Types allowed: Direct statutory and constitutional amendment initiatives, and popular referendum, Single subject rule: Yes (OK Const. XVI, 5(b). Art. Reports of contributions and expenditures are due quarterly in calendar years without elections. Art. 8). 1953 20A-7-206). Application process information: No fee or application prior to circulating. Code Ann. Art. Art. Circulator oaths or affidavits: Yes, and must be notarized (C.R.S. Must also be submitted to the appropriate officials of cities, towns or plantations, or state election officials as authorized by law, 10 days before it's due with the secretary of state. Massachusetts, Ohio and Utah use this sort of process. Stat. Withdrawal process of individual signature: Signatures may be withdrawn up to the time of submission of the petition. States also decide which election a ballot measure will be voted on and any time restrictions before a measure is placed on a ballot. Art. XVI, 1; Art. Legislature or other government official review: Attorney general prepares explanatory statements. Art. Where to file: Attorney general (Elec. II, 1e). Legislature or other government official review: Attorney general aids summary (21-A M.R.S.A. Timeline for collecting signatures: Eighteen months or until April 30 of the year of the next general election, whichever is earlier (I.C. For constitutional amendments, 8 % of the total votes cast for all candidates for governor in the last general election (OR CONST Art. Who can sign the petition: Qualified registered voters (Wyo. Where to file with: Secretary of state (V.A.M.S. III, 5(2)). Allowed to pay another for their signature: Prohibited (V.A.M.S. 3, 1; Constitution 48, Init., Pt. Art. Attorney general drafts summary for ballot (A.C.A. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient (Const. Proponent financial disclosure requirements: Must file a statement of organization as a political committee within two weeks of organizing or within two weeks of the date the first contribution or expenditure is expected (RCW 42.17A.205). States have statutes covering conflicting or competing measures, the percent of the vote needed to pass a measure, and repeal or change restrictions. (Elec. 7-9-107), Legislature or other government official review: No statute, Public review or notice: Notice to be posted in statewide newspaper five months before election at expense of petitioners (Ark.