4, 3; Constitution 48, Init., Pt. Timeline for taking effect: 30th day after the election at which it was passed (Const. 3, 17). Application process information: Must first register a political committee and submit form to Division of Elections along with text of proposed measure and form on which signatures will be affixed (F.S.A. V, 1(3)). Art. It is unclear whether the following language in Nevada applies to popular referenda (provisions for which are included in the relevant article), or only to initiatives: 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.. And no measure that names an individual to hold office or names private corporation to perform any function (Cal.Const. 54, 53, Drafted by sponsors and approved by board of state canvassers.
Understanding the Ballot Initiative Process - ThoughtCo 3519.01 and 3519.05(C). Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. 19-112), Colorado (Const. 48, Init., Pt. Art. Circulator oaths or affidavit required: Yes (Const. Art. Application process information: File with the secretary of state an application containing the act to be referred. Note that all but two of these statesMaryland and New Mexicoalso have the initiative process. Must be 18 or older and a U.S. citizen (M.C.L.A. Art. Which election is a measure on: General election unless the legislature orders a special election (MT CONST Art. 4, Pt. 3519.07). Statements of contributions and expenditures must be filed on January 10, seven days before political party conventions, seven days before the primary, three days before public hearings, on September 30, and seven days before the general election (Utah Code 20A-11-802). Art. Petition title and summary creation: Attorney general, after receiving written comments from the Legislative Research Council (SDCL 12-13-25.1), What is on each petition: Secretary of state reviews the petitions and each shall contain the full text of the initiative, the date of the general election it is to be voted on, the title and explanation prepared by the attorney general, accompanied by a notarized affidavit signed by each person who is a sponsor, and accompanied by statement of organization. Art. Art. Art. Fifteen% of those residing 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. Amend. Political recall efforts in Virginia result in a circuit court trial instead of an. 3, 17(3)). Art. 2, 19; Amalgamated Transit Union Local 597 v. State of Washington, 11 P.3d 762, 2000), Other subject restrictions: None (RCWA Const. Const. Art. California. 1953, Const. Ninety days from the date marking the beginning circulation for collection, as set by the secretary of state after public posting and chance for protest, and a deadline of 90 days from the official set date from the secretary of state. Art. Circulator requirements: At least 18 years old and a qualified elector (34 Okl.St.Ann. 5, 57; Art. II, 1(c)). The two samples must total at least 5 % of the signatures submitted. Art. They may also submit their own alternative ballot measure to the people if different but under the same subject area. Timeline for collecting signatures: Eighteen months or until April 30 of the year of the next general election, whichever is earlier (I.C. 34-1801a, 34-1804, 34-1809). Public review or notice: At least seven public hearings are held on the propositions before circulation in designated regions. A referred measure may be voted upon at a statewide election or at a special election called by the governor. 2, 8; Cal.Elec.Code 9016. XVI, 1; O.R.C. By this means, an act of the legislature can be overturned in a kind of popular veto. Art. 2, 8). Art. St. 32-1405). 3519.21). Stat. XVI, 3(d)). Submission deadline for signatures: No later than six months after the adjournment of the legislature which passed the act (Const. Maine: Secretary of state, along with revisor of statutes, may reject petition application if it does not conform to drafting conventions for statutes. V, 1(3), "The filing of a referendum petition against any item, section, or part of any act shall not delay the remainder of the act from becoming operative.". 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. Art. Number of signatures required: 8% of the active voters in the state on Jan. 1 following the last regular general election (Utah Code 20A-7-301(1)). Const. 100.371). Timeline for taking effect: When approved (Const. 3501.38; 3519.05). Other subject restrictions: Measure provisions cannot be dependent upon meeting certain vote %age. Proponent financial disclosure requirements: Include but are not limited to being considered a political committee, appointing a treasurer, filing with the secretary of state, filing regular reports with specific donor information, and may receive unlimited funds (I.C. 5, 1), Timeline for taking effect: Thirty days after the election unless otherwise specified in the act (Ark. Verification: By actual count (as opposed to random sampling), but this is not spelled out in statute. Legislature may amend with three-fourths vote but only to further the purpose of the measure (A.R.S. Code 84200). 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. 10% of the votes cast in last general election, 10% of the total number of votes cast in the last general election, or 25% to suspend operation of the act until the election, 2% of the residential population according to the last federal decennial census, 6% of the total votes cast for the office of governor in the last election, 5% of votes cast for governor in the last election, 4% of the votes cast for all candidates for governor at the last election, 5% of the total votes cast for governor at the last election, 8% of the active voters in the state on Jan. 1 following the last regular general election, Const. Who can sign the petition: Legal, registered voters (V.A.M.S. 4, Pt. Additional statements for ballot measure committees are due April 30 and October 31. General election, and must file by the May before the election the measure is to be voted on. Which election: General election (SDCL 2-1-17). Const. Art. Who can sign the petition: Qualified electors of the state (34 OS 23). The other 19 states limit the subject matter of laws that the popular referendum can address. Art. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient. Can remove an elected representative from office. Where to file: Secretary of state and attorney general (ORC 3519.01(B)). Measure provisions cannot be dependent upon meeting certain vote percentage. 901 and 1 M.R.S.A. 168.476). If both are approved, the one receiving the greatest number of affirmative votes prevails (34 Okl.St.Ann. Study with Quizlet and memorize flashcards containing terms like The Boston Tea Party, Whisky Rebellion, and California's Proposition 13 were all popular rebellions that were related to _____., Eliminating tax increases may result in _____., Democracy in the United States derives its powers from _____. Const. 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. Verified answer.
What were initiative referendum and recall Canadians, in May 1980, defeated a proposal that would have forced the national government to negotiate sovereignty for the French-speaking province of Quebec. 353). Stat. 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). Art. 3519.01). 7-9-104; 7-9-108), General review of petition: Exact petition copy filed with secretary of state and approval of title by attorney general (A.C.A. Proponent organization and requirements: Original filing includes the names and street addresses of every person, corporation or association sponsoring the petition (NRS 32-1405). 5, 1; M.G.L.A. Some of these geographic distribution requirements have been found to be unconstitutional, largely on one person, one vote grounds.
CHAP. 13 Sample Exam Flashcards | Quizlet Where to file with: Secretary of state (RCWA Const. The guidelines for the format and content of petitions vary by state. Office of the Legislative Fiscal Analyst conducts an estimate and description of funding sources. Collected in-person: Yes (Wyo. Const. Art. General review of petition: The secretary of state will furnish ballot statements explaining the effects of a no or yes vote for the measure, which will include whether it will increase, decrease or maintain taxes (V.A.M.S. Petition title and summary creation: Within 15 days of the issuance of the certificate of review by the attorney general, petitioners file the measure with the secretary of state, who forwards it to the attorney general, who has 10 days to draft a title (IC 34-1809(2)). Art. 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206). This is in contrast to an issue being voted on by a representative.This may result in the adoption of a new policy or specific law, or the referendum may be only advisory.In some countries, it is synonymous with and also known as plebiscite, votation, popular consultation . What is on each petition: Must follow prescribed form and include the provisions for identification of the measure, space for the printed name, space for the signature, address of the committee member, notarization of the signature and affidavit (NDCC, 16.1-01-07; 16.1-01-09). 2, 1). Where to file: Secretary of state (MCL 168.471). 14, 3 and 10 ILCS 5/28-9), Collected in-person: Yes (10 ILCS 5/28-3), Withdrawal process of individual signature: By written request before submission of the petition to state board of elections or an officer with whom filing of the petition is required (10 ILCS 5/28-3). 3, 4). Art. Petitions must be filed within 90 days after the adjournment of the legislative session at which the act was passed. But if insufficient funds for the measure, it is effective 45 days after the next convening regular legislative session. Subject restrictions: None (Const. Repeal or change restrictions: For statutes, may be amended or repealed only by three-fourths of each house or by a vote of the electors. The Referendum is where the state legislators can deal with a problem by putting it on the ballot and letting the people vote it. Statutes for petition contents for each state are: Individuals who physically gather signatures are referred to as circulators. 168.487). II, 1(b) and RCW 29A.72.150). Same must also be reported quarterly on April 15, July 15, Oct. 15 and Jan.15. 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. Currently, for constitutional amendments signatures must be gathered from at least 2 % of the total registered electors in each state senate district (C.R.S.A. Where to file: Secretary of state (Const. Art. The next statewide election unless the legislature or governor convenes a special election for it or the governor designates a vote at the primary election. Art. 3, 52(g) and Wyo. Art. Petition title and summary creation: The title of the act subject to the petition appears on the petition (Utah Code 20A-7-303). Timeline for collecting signatures: Eighten months. Direct democracy is the term we in government use to describe the ability of the voters to take matters into their own hands. 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). Art. In each of two-thirds of the congressional districts, and each petition page must only contain signatures from a singular county. 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. IV, pt. Eight% of votes cast for the office of governor at last regular gubernatorial election prior to submission of the signatures for verification. 55, 22). Withdrawal of petition: One of three authorized people must submit a notice of withdrawal with the secretary of state (N.R.S. Prov., Pt. Const. Const. Art. Proponent organization and requirements: One designee will serve for official notices and statement of organization (V.A.M.S. Types allowed: Direct citizen initiative for statutes and amendments and popular referendum, Single subject rule: Yes (C.R.S.A. III, 3) and at least 18 years of age (NDCC 16.1-01-09(4)). IV, 1(3)). Verification: State Board is empowered to adopt regulations specifying procedures for verifying and counting signatures (Elec. 116.090). Considered a committee if individual raises or spends more than $5,000. Const. Art. 1953 20A-7-206). 116.080).. Circulator oaths or affidavit required: Yes (Mo.Rev. XI, 5 and AS 15.45.410). Stat. Nine states require filing an initial number of signatures of sponsors as part of an application to circulate a popular referendum petition. Legislature reviews the measure as submitted to it by the proponents. General review of petition: After the hearings the proponents and Governor's Office of Management and Budget may revise (U.C.A. . 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). 2, 4, Pt. Art. 53 7). 2, 10). 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. 250.045; 250.048). For indirect statutory initiatives, after turning in original 3 percent of signatures, proponents must return next batch of signatures (another 3 percent) within 90 days of the legislature not enacting or amending a measure. For indirect initiatives, about nine months (proposed measure submitted within 10 months of the session it is to be submitted at with a deadline of 10 days before the session). Art. Const. Who can sign the petition: Qualified electors (NDCC Const. Geographic distribution: The required signatures must be distributed equally among all of the petition districts (NRS 295.012 and NRS 293.127563). If amended, expires or is rejected, it goes onto the ballot.