IV, 1(4)). Art. 3, 19; 21-A MRSA 903-A, sub-4), Nebraska (Neb. Referendum and initiative | Definition, Forms, History, & Facts backwoods banned in california 2, 8. VI, Subpt. If politicians are ignoring citizens' concerns, they can pass the law themselves 2. 5, 1), Repeal or change restrictions: No veto by governor, and two-thirds vote by legislature may amend or repeal (Ark. 19, 3; Art. Art. 1953 20A-7-205; 20A-2-105). Amend. Circulator oaths or affidavits: Official sponsors must sign at least two-thirds of the petitions (DCL 2-1-1.2). 116.090). Const. II, 1(d) and RCW 29A.72.030). 168.22e; 168.476; 168.477; 168.480). 1-40-105). Amend. Submission deadline for signatures: Not more than 90 days after the end of the session at which the act was passed (Const. General review of petition: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. Who can sign the petition: Registered voters (A.C.A. Art. 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. Stat. 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). Does the law in question take effect before the referendum vote: Non-emergency laws subject to referendum do not take effect until 30 days after voter approval. 116.060). III, 2). Art. Which election is a measure on: General election, but governor and legislature may call special elections (U.C.A. 106.191). 3599.14). Amend. States such as Alaska (AS 15.45.150); Idaho (I.C. Limited to matters that can be enacted by legislation, and no measures that interfere with the legislatures ability to direct taxation of necessary revenues. Other subject restrictions: Must contain only subjects that are related or mutually dependent. There is a filing fee of $2,000, which is refunded if the measure qualifies for the ballot within two years (Const. II, 1g; O.R.C. Submission deadline for signatures: By midnight (NDCC 16.1-01-09(7)) within 90 days of the date the legislation was signed by the governor and filed with the secretary of state (Const. Vote requirement for passage: Majority (Const. Nebraska: The revisor of statutes reviews and recommends revisions with respect to form and draftsmanship. 19, 1 and NRS 295.045). Depending on the nature of the particular plebiscite, the result may be binding or it may be only advisory. Washington requires 60 percent approval for laws authorizing gambling or lotteries (Washington Const. Art. Art. It fails if under 90 % and qualifies if at least 100 % (N.R.S. Question 3. III, 2). 116.334). No earlier than 75 days, and no later than 15 days, voter information pamphlet and newspaper publication (U.C.A. 3, 20 and 21-A MRSA 901). Rev. 16.061). Cure period for insufficient signatures: If a petition is insufficient, a period of 20 days is allowed for correction (Const. Majority to pass: Majority only, but the election must have at least 50 % voter turnout (OR CONST Art. Rev. 116.320). Political committees must file reports of contributions and expenditures. Withdrawal process of individual signature: File a written request including the voter's name, residence address and signature with the appropriate county elections official prior to the day the petition is filed (Elec. Which election: Next statewide or general election, whichever comes first, that is not less than 60 days after the petition is submitted (Const. Const. A person also qualifies as a ballot measure committee if 2% or more of its annual revenues, operating expenses or funds are used to make contributions to another ballot measure committee which exceed $10,000 in value (ACA 9-7-402). 14, 9; Art. Timeline for collecting signatures: Have 180 days (M.C.L.A. Code 16.1-01-10). 1953 20A-7-202). Art. Five states impose an additional threshold. Code Ann. Petitions are deemed invalid if signatures are gathered in violation (ORC 3501.381). Timeline for collecting signatures: Petitions are valid for one year (MS Const. 7-9-104; A.C.A. Art. General review of petition: For accuracy and fairness, the attorney general may rewrite arguments for or against prepared by legislature (5 ILCS 20/2). 3519.16). Restrictions included 120 days before election for amendments, and 160 days before an election and not less than 10 days before legislative session for statutes. Welcome to Gila County Who can sign the petition: Qualified electors (A.R.S. 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). Art II, 10 and Elec. Application process information: Must file an exact copy as found in 34 Okl.St.Ann. Art. Verification: Random sample of at least 5 % or at least 4,000 signatures. 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). Ohio ballot board; proponents may suggest title. Geographic entities based on U.S. House districts, which are required to be highly equal in population, have been ruled to be constitutional (for example, see Nevada). Nebraska: not less than 35% (Const. II, 1g; Art. Geographic distribution: 5% in each of two-thirds of the congressional districts (Const. Art. a vote on a measure so submitted. 3519.01; 3519.02; 3513.10). 250.045; 260.035; 260.054). 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). Who creates petitions: Petition filed by proponents is certified by attorney general, ballot board, and secretary of state (O.R.C. 15, 273; Miss. Who can sign the petition: Electors of the state (Const. Payment on a per-signature basis prohibited. Amend. CONST. 3, 18 and 21-A M.R.S.A. And published in newspaper (F.S.A. All 23 popular referendum states require political organizations that support or oppose a ballot measure, often considered political action committees, to follow state campaign finance laws. Art II, 10 and Elec. If they win they keep their seat for the remainder of their term, if they lose they are removed from their term immediately. Wyoming: Const. 2). 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. Art. A referendum (plural: referendums or referenda) is a direct vote by the electorate on a proposal, law, or political issue. These may be accepted or rejected (Neb. Art. For constitutional amendments, 10% of votes cast for governor in last election. The requirements for an election with statewide ballot measures vary greatly by state. Code Ann. Which election is a measure on: At general elections, except when a special election is ordered by the legislature (V.A.M.S. Cal.Elec.Code 9005; Cal.Gov.Code 12172. 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. A petition's sponsor must file a campaign finance report at the time a petition is filed under 6-205 and a committee opposing a ballot measure must file a campaign finance report within 10 business days after the petition is filed under 6-205 (Elec. Attorney general aids summary. 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, 1, Pt. 1-40-123), Majority to pass: Amendments require 55 % (C.R.S.A. Art. Circulator requirements: At least 18 years old and a qualified elector (34 Okl.St.Ann. The full title and text of the measure must be attached to each signature sheet (Const. Application for Recall Serial Number. No statute found; used Term Limits Referendum (Nov. 1996) as a reference. Illinois requires either 60 percent of those voting on the amendment itself or a majority of those voting in the election as a whole (ILCS Const. The following is not a legal, comprehensive list of every campaign finance law governing the initiative process in each state, but rather provides a starting guide of where to find relevant statutes: Nine states have an explicit process for withdrawal of an initiative from circulation: Proponents may any time before measure qualifies for the ballot, 131 days before the general statewide election. An amendment requires at least one-fourth of members support to get onto the ballot. 2, 9; Const. No. V, 1(3)). The other 19 states limit the subject matter of laws that the popular referendum can address. 34, 6.1) and Utah (Utah Code 20A-7-306(3) and -306.3). Art. Art. 19-101(A), Maryland: Const. Art. Next statewide or general election, whichever comes first that is not less than 60 days after the petition is submitted, At the next ensuing election held throughout the state for members of the U.S. House of Representatives. Art. Number of signatures required: For indirect initiatives submitted to the legislature, 5 % of all votes cast for all candidates for U.S. president at the last general election. The guidelines for the format and content of petitions vary by state. XVI, 3(d)). 250.125; 250.067; 250.127). Repeal or change restrictions: No act, law or bill approved by a majority of the electors voting thereon shall be amended or repealed by the legislature within a period of two years following such enactment unless by a vote of two-thirds of all the members elected to each house. Collected in-person: Yes (NRS 295.0575). Some states offer no assistance or advice to initiative proponents on the draft of their proposed law. Subject restrictions: Laws passed by a two-thirds vote of the members of each house are not subject to referendum (Const. III, 2; 4), Who can sign the petition: Registered voters (Ne.Rev.St. 3, 19). Art. Circulator oaths or affidavit required: Yes (Const. 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. Art. 2, 3; Const. Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. Human Rights democracy and rule of law Democracy. State Board of Elections (Note: the board is empowered to adopt rules for filing applications, so presumably such applications are filed with the board. Art. provided safe working conditions for child laborers. 106.19), Allowed to pay another for their signature: No prohibition found, Number of signatures required: Eight pecent of total votes cast statewide in last presidential election (F.S.A. 116.025). 34-1813), Repeal or change restrictions: No time limit or majority restrictions for legislature to overturn or alter, Types allowed: Citizen initiative for constitutional amendments. Conflicting measures: The measure receiving largest number of affirmative votes is enacted (M.G.L.A. The descriptive title, which is printed below the official title on the ballot, is written by the secretary of state with the approval of the attorney general. Petitions are valid for one year, and deadline of 90 days before the first day of the legislative session. 54 53). 23-17-7; 23-17-9; 23-17-15). First, they tend to be much shorteran average of 90 days. For direct initiatives, proponents collect signatures and place the measure directly on the ballot once its certified and verified.