initiative referendum and recall are examples of quizlet

. 1, Part 2). Signature gathering begins on a date specified by the secretary of state and cannot be less than 15 or more than 30 days from the date when all appeals and rehearings have been resolved or have expired. 2, 9; Const. Who creates petitions: Secretary of state creates templates, including cover and signature sheets (O.R.S. Which election: First general election to be held not less than 30 days after the filing ofthe petition (Const. Code 102). VI). Art. Application process information: Application must be filed by 5 p.m. within five calendar days after the legislative session ends (Utah Code 20A-7-302). 3519.16. 1953 20A-7-201). Massachusetts: Proponents may alter the measure in small ways after legislature reviews it. 14, 10. But such enactment may be amended or repealed at any general regular or special election by direct vote of the people thereon (Const. 1953, Const. Some things to consider as you begin to review. 4, Pt. 3, 18), Who can sign the petition: Electors (M.R.S.A. Amend. 295.056). Art. 23-17-1; 23-17-3). Submission deadline of signatures: Sponsors must submit signatures no later than six months before the election and can only start collecting the day after the previous general election (V.A.M.S. Ballot title and summary: Attorney general (RCW 29A. CONST. Art. Who can sign the petition: Electors (Const. Timeline for collecting 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 initiative packet or the April 15 immediately before the next regular general election immediately after the application is filed (U.C.A. 3, 3; NDCC, 16.1-01-09). Verification: Must be verified at least 100 days before the election. 23-17-47; 23-17-49; 23-17-51; 23-17-53). On the graphic below, select either Citizen Initiatives or Popular Referenda at the top of the map. 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. Any contribution of $500 or more in the last 13 days before an election is to be reported within 24 hours. 1(6B)). 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. 3, 8). For constitutional amendments, 15 % of legal voters (OK Const. 48, Init., Pt. Subject restrictions: No law making any appropriation for maintaining the state government or for maintaining or aiding any public institution, not exceeding the next previous appropriation for the same purpose, shall be subject toreferendum. Art. 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. 1953 20A-7-203). 3519.22). 116.120). May not repeal/modify the state's Bill of Rights, amend/repeal provisions relating to the state's public employees' retirement system, amend/repeal right-to-work provision or modify the initiative process, and special rules if includes expenditures. Which election: Next general election at least 31 days after the measure qualifies or at a special statewide election held prior to that general election; the governor may call a special statewide election for the measure (Const. Art. A post-election report is due by Jan. 7. Law 13-202). LXXXI, 4). Circulator requirements: 18 years old and a resident of South Dakota; no registered sex offender may circulate a petition unless the person is in the employ of and under the immediate supervision of another person and under circumstances with preclude any contact with children (SDCL 12-1-32 through -34). Art. 295.012; 293.127563; Angle v. Miller, 2010, 722 F.Supp.2d 1206. Amend. Art. 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. Timeline for taking effect: On and after the 30th day after it the initiative was approved by voters unless otherwise specified (RCWA Const. See also 21-A MRS 904-A, the repealed provision that prohibited payment per signature. Four states require a filing fee in statute. IV, 1). 8). Proponent financial disclosure requirements: Include but are not limited to filing with the secretary of state, written disclaimers when publicizing, limits on contributions, detailed contribution reports, unexpended campaign contributions, and rules promulgated by secretary of state (C.R.S.A. Art. Should this bill be: Approved. Next general election held at least 131 days after signatures are certified. Stat. 1-40-106 and 1-40-107). The committees select a chair and may prepare arguments and rebuttals, which will be reviewed by the secretary of state for the ballot. The Legislative Counsel Bureau distributes items to legislators, public libraries, newspapers and broadcasters (N.R.S. Same must also be reported quarterly on April 15, July 15, Oct. 15 and Jan.15. Initiative and Referendum Processes - National Conference of State The other 19 states limit the subject matter of laws that the popular referendum can address. 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). State Board of Elections (Note: the board is empowered to adopt rules for filing applications, so presumably such applications are filed with the board. However, in about half of the 24 initiative states, proponents can get drafting assistance to improve the quality and consistency of initiative proposals. 3, 50; V.A.M.S. Const. Like the initiative and referendum, recall originated in Switzerland, where it was made applicable to the entire legislature as well as to individual officials. Art. Where to file: Secretary of state and attorney general (ORC 3519.01(B)). Within three days of making an expenditure or receiving a contribution, a political committee must file a statement of organization and designate a treasurer. Acts making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act. Conflicting measures: Measure that receives greater number of affirmative votes passes (C.R.S.A. 22-24-402. 3, 18 and 21-A M.R.S.A. 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. * See also: 2011 N.D. Op.Atty.Gen. VI, 1 and Utah Code 20A-7-102). Majority to pass: Initiative amendments proposed by the people and their legislative substitutes must receive at least 30 % of the total number of ballots cast in the election and a majority of the voters voting on the measure (Massachusetts Constitution 48, Init., Pt. Ballot title and summary: Ohio ballot board. Const. 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. What is on each petition: Sponsors create petitions pursuant to guidelines in statute. Must register organization (5 ILCS 20, 10 ILCS 5/28-9). Code 23-17-37). Ballot Initiatives | State of California - Department of Justice Timeline for taking effect: When governor makes official declaration of vote but not later than 30 days after vote canvassing (C.R.S.A. Must report contributions received if in excess of $20 and all expenditures quarterly in off-election years, on the first Monday in May and every two weeks thereafter before the primary election, on the first day of each month beginning with the sixth full month before a major election, on the first Monday in September and on each Monday every two weeks thereafter before the major election, and thirty days after the major election (CRS 1-45-108). 72.130). 250.048). Art. Code 9031). Next general election at least 31 days after the measure qualifies or at a special statewide election held prior to that general election; the governor may call a special statewide election for the measure. There is a filing fee of $2,000, which is refunded if the measure qualifies for the ballot within two years (Const. Const. Ten states allow the legislature to alter or change measures without any time limits or supermajority requirements: Seven states have supermajority requirements for changing a measure (the other states require only a regular majority, although some enforce a time period). Circulator oaths or affidavits: Yes, and must be notarized (C.R.S. Const. States include a range of requirements for petition contents including legal warnings, serial numbers provided by officials, notarization, date of the election the measure is to be voted upon, the measures full text, summary, the district or county where the signature was gathered, if the circulator is paid, fiscal statement abstract, affidavit of circulator, circulator information, rights of the potential signer, names of proponents or proponent organization, statement of the proponent organization and deadline for signatures. Art. XLVII, Pt. Amend. Art. Submission deadline for signatures: Not less than four months prior to the next general election (Const. Const. c. representative democracy. Administrative rules 5:02:08:09 and 5:02:08:07.02 require that circulators sign affidavit as well. Who creates petitions: Sponsors (A.C.A. Const. 116.332). Records must be kept of contributions and expenditures. (MGL ch. Timeline for taking effect: Takes effect five days after the official proclamation of the voter by the governor or the effective date specified in the proposed law, whichever is later (Utah Code 20A-7-311). Number of signatures required: Eight % of the total number of legal voters for statutes. A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter 37. They are an effort to ensure that petition signers do not represent just the interests of heavily populated areas. Which election: Next regular general election or a special election called by the lieutenant governor (Utah Code 20A-7-301(1)). Circulator requirements: Name and address must be on petition if paid (F.S.A. 22-24-416). Verification: Random sampling (SDCL 2-1-16). 34-1801a, 34-1804, 34-1809, Illinois: ILCS Const. 11 3). 3, 52(c)(ii). 1(3)). Code 9001). Art. Art. IV, pt. 353), What is on each petition: Fiscal impact statement, summary by secretary of state, name of circulator and statement on right of signer to read summary and fiscal statement before signing, and instructions from secretary of state (21-A MRSA 901, 903). Art. A person may not be a circulator who has had a penalty for violation of title 16 (election laws) or title 19 (initiative and referendum laws) in the past five years, has been convicted of treason or a felony and has not been restored to civil rights, or has been convicted of any offense related to fraud, forgery or identity theft (ARS 16-114(D). 21 1). Code 9001). Fiscal review: Director of the Legislative Research Council prepares a fiscal note as requested (SDLC 2-9-30; 2-9-31; 2-9-34). 1-40-113). General review of petition: The secretary of state will appoint two, three-person committees, one for and one against the measure. 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). . Some of the states also require signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional. III, 2). Proponent financial disclosure requirements: Include but are not limited to being a ballot question committee is treated as a type of political committee, filing electronic campaign finance reports, where a committee can spend, and unlimited contributions to a ballot question committee (M.G.L.A. Allowed to pay another for their signature: Prohibited (ORC 3599.13 and .14). 53 7. Number of signatures required: 5% of votes cast for all candidates for governor at the last gubernatorial election (Const. If neither receives 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. Proponent financial disclosure requirements: Must obtain a petition entity license before circulating petitions or paying circulators (CRS 1-40-135(2)). Any proposed law can, with sufficient backing, be put on the ballot in an election. Const. Art. Art. 3, 2). Initiative, Referendum and Recall | Arizona Secretary of State - AZ SOS Geographic distribution: Not more than one-fourth the of signatures shall be from one county (Const. 295.015). 19, 3; N.R.S. Out-of-state committees that make expenditures supporting or opposing ballot propositions in Washington are required to file reports (RCW 42.17A.250). and more. 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. 19-121.01); California (Elections Code 9030); and Colorado (C.R.S. Verification: Direct initiatives are turned into the county clerk of the county in which the initiative packet was circulate. Additional stipulations: In Idaho and Nebraska, the law states that the entire measure might not be superseded and that only conflicting parts of the measure may supersede one another. Proponent financial disclosure requirements: Statement of organization must be filed not later than 15 days after the committee made or received contributions or paid expenses in excess of $500; if such activity occurs within 30 days of an election, statement must be filed within 48 hours (SDCL 12-27-3). Rponses possible : a. 1(4)). For amendments, 10% of total qualified electors of the state. Must obtain a petition entity license before circulating petitions or paying circulators. 116.090). Art. 100.371). Fiscal review: The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the secretary of state, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau (N.R.S. 23-17-29), Missouri (V.A.M.S. II, 1c). Which election is a measure on: General election unless the legislature orders a special election (MT CONST Art. Types allowed: Indirect citizen initiative for statutes and amendments and popular referendum. 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. 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)). Rev. 3, 18), Collected in-person: Yes (M.R.S.A. Proponent financial disclosure requirements: Sponsoring committee must file a statement of renumeration prior to circulating signatures if circulators will be paid (NDCC 16.1-01-12(1)(j)). Const. Amend. Submission deadline of signatures: Filed four months before election, and have been published in newspaper at least 30 days prior (Ark. 6, 1). 1(3) and (7)). Study with Quizlet and memorize flashcards containing terms like The initiative, referendum, and recall are examples of a. direct democracy. IV, 1). Geographic distribution: None, but petition sheets are organized by county (A.R.S. 293.252). Withdrawal of petition: None, the withdrawal process specified in statute applies only to initiative petitions (CRS 1-40-134). Therefore, rules restricting the ability to change or repeal measures apply to statutory measures, which are available in 21 states. 19-102), Fiscal review: Prepared by joint legislative budget committee staff (A.R.S. 34-1802). From 15 different counties, with each countys petition having signatures of at least half of the designated percentage of electors of the county. 5, 11; Art. Art. California is one of two dozen states that gives voters these checks on elected officials. Please note: Text within images is not translated, some features may not work properly after translation, and the translation may not accurately convey the intended meaning. 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). 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. Timeline for collecting signatures: Petitions are valid for one year (MS Const. 1-40-116). 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. 5, 7). Art. Proponent financial disclosure requirements: Include but may not be limited to no anonymous contribution in excess of $25, disclosure of contributors, corporations and labor organizations are allowed to make contributions and expenditures, following timelines and deadlines apply for filing reports (V.A.M.S. States have statutes covering conflicting or competing measures, the percent of the vote needed to pass a measure, and repeal or change restrictions. III, 52(a)). 23-17-57; Term Limits Leadership Council v. Clark, 1997). Paid per signature: Prohibited (MCA 13-27-102). Application process information: Ten voters must sign and submit the petition to the attorney general by the first Wednesday of the August before the assembling of the general court into which it is to be introduced (M.G.L.A. Art. XVI, 1; Art. 168.32). Art. For collection, if the petitions were filed at least 165 days before the election and the signatures are deemed insufficient, they may collect more, and deadline of four months prior to the general election. If a second sampling is needed, an estimated duplication rate will be calculated. Submission deadline for signatures: Within 90 days following the final adjournment of the legislative session at which the law was enacted (Const. Signatures must be submitted by 5 p.m. on the 90th day after final adjournment of the legislature (34 OS 8). In odd-numbered years, year-end reports are required (SDCL 12-27-22). Art. 21 1, Colorado: C.R.S.A. Legislature may repeal statute with majority vote (Const. Any person who pays or receives compensation to circulate a referendum petition must file a statement to that effect with the secretary of state before circulation begins. The secretary of state then refers both to the attorney general, who determines the legal sufficiency of the issue, approves the petitioner's ballot statements and determines whether a fiscal note is necessary. 48, Init., Pt. 4, Pt. Human Rights democracy and rule of law Democracy. a vote on a measure so submitted. 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). Art. Some states also include signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional. Code 23-17-3), Which election is a measure on: Statewide general election (MS Const. Art. Const. Board of Election commissioners and then certified to the secretary of state. Petition includes the title of the referred law. Conflicting measures: Voters may choose one or reject both. Proponent financial disclosure requirements: Include but may not be limited to reporting requirements, special provisions for out-of-state contributors, a statement regarding intent to pay circulators, and political committees must register (NDCC, 16.1-08.1-02.4; 16.1-08.1-03.1; 16.1-08.1-03.2). 15, 273), Conflicting measures: Measure with highest number of affirmative votes prevails (MS Const. Art. Must include official language from attorney general, the measures full text, and the legislative district from which the signatures were collected (I.C. 11 5). Art. Art. 3, 5). Circulator oaths or affidavits: Yes, and notarized (A.R.S. 2; 21 Okl.St.Ann. Art. Timeline for taking effect: 30th day after the election at which it was passed (Const. To place a popular referendum on the ballot, sponsors must gather signatures on petitions. Art. Time period restrictions before placed on the ballot: Certified ballot title is due at least 65 days before the election. 22-24-407). Initiative, Referendum and Recall Information | Paradise Valley, AZ 21-A M.R.S.A. 5, 1). LXXIV, 2 and MGL ch. Same if an alternate measure is proposed. No statute found; used Term Limits Referendum (Nov. 1996) as a reference. And no signature "collected prior to a November general election at which a governor is elected shall not be filed after the date of that November general election., MS Const. 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. II, 1b), Types allowed: Direct statutory and constitutional amendment initiatives, and popular referendum, Single subject rule: Yes (OK Const. Which election is a measure on: General election (N.R.S. 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706). Code Ann. Art. Art. If the attorney general does not approve of the statement, they prepare one themselves (MCA 13-27-312). 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. They may also submit their own alternative ballot measure to the people if it is different but under the same subject area. Furthermore, statutes allowing or requiring paying per signature have been overturned by the courts. 116.100). The device was first adopted in the United States in 1903 as a part of the Los Angeles city charter. Petitions are valid for one year, and deadline of 90 days before the first day of the legislative session. 53 22A and M.G.L.A. 54, 53, Drafted by sponsors and approved by board of state canvassers. 116.060). Stat. 902), Timeline for collecting signatures: One year (M.R.S.A. Repeal or change restrictions: Cannot veto, and legislature may not repeal. Timeline for collecting signatures: Petitions carried by paid circulators must be filed on a monthly basis (ORS 250.105). Attorney general prepares explanatory statements. 12, 2. Conflicting measures: The measure receiving the greatest number of affirmative votes prevails (N.R.S. XVI, 4 and Elec. Colorado: Upon request, any agency in the executive department shall assist in reviewing and preparing comments on the petition. In other words, it is the ability of the voters to enact or repeal laws, or recall elected officials.

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