IV, 1). 5, 1; C.R.S.A. Most states only allow an individual to withdraw a signature before the official filing of the petitions. Code 13-309). Which election is a measure on: The next regular or general election occurring subsequent to the 125 days after filing signatures (OH Const. Time period restrictions before placed on the ballot: Signatures must be verified no later than Feb. 1 of the year of the general election (F.S.A. The secretary assigns an official serial number to the petition and assigns numbers to petitions in numerical sequence (ARS 19-111). Paid circulators must, prior to circulating petitions, sign a statement certifying they acknowledge that it is a misdemeanor to allow signatures on a petition to be used for any purpose other than qualifying a measure for the ballot (Elec. Circulator oaths or affidavit required: Yes (SDCL 2-1-10). 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. 19, 1). Withdrawal process of individual signature: None specified. Art. Art. Where to file: Secretary of state (Const. Reports of contributions and expenditures are due on the 21st and seventh days immediately preceding an election and the 10th day of the first full month after an election. 295.056. For direct initiatives, 10 % of the cumulative total of all votes cast for U.S. president. A warning to signers is required (CRS 1-40-110). Const. Laws that relate to religion, religious practices or religious institutions; the appointment, qualification, tenure, removal or compensation of judges; the powers, creation or abolition of courts; the operation of a particular town, city or other political division or to particular districts or localities of the commonwealth; or the appropriation of money for the current or ordinary expenses of the commonwealth or for any of its departments, boards, commissions or institutions. initiative referendum and recall are examples of quizlet. 250.048; OR CONST Art. Of course, in some of the above states, timelines concerning filing, signature gathering and deadlines for signatures and the indirect initiative process may impose limits not otherwise spelled out in statute. III, 2; Bernbeck v. Gale, 59 F.Supp.3d 949 [2014]; 829 F.3d 643, United States Court of Appeals, Eighth Circuit). Art. II, 1(b)). Proponent financial disclosure requirements: Include but may not be limited to that proponent or opponent groups for a ballot proposition are considered political issue committees unless they meet certain criteria such as not expending more than $5,000, and political issue committees register and report financially (U.C.A. General review of petition: The secretary of state will appoint two, three-person committees, one for and one against the measure. V, 1(3)). Art. CONST. Proponents must turn in sheets each month (O.R.S. 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. Withdrawal process of individual signature: Can file a request with the county clerk any time before the petition is filed (NRS 295.055). 3, 17(1)). Repeal or change restrictions: No veto and only a majority of voters to overturn amendments, not 55 % (C.R.S.A. Repeal or change restrictions: The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters (Const. 5, 1), Repeal or change restrictions: No veto by governor, and two-thirds vote by legislature may amend or repeal (Ark. Submission deadline for signatures: Within 90 days following the final adjournment of the legislative session at which the law was enacted (Const. A full copy of the measure must be attached. Collected in-person: Yes (AS 15.45.340(a)). But if insufficient funds for the measure, it is effective 45 days after the next convening regular legislative session. The supervisor is paid 10 cents by the sponsor for every signature checked if they paid circulators (F.S.A. Must register prior to signature collection and expenditures (On Our Terms '97 PAC v. Secretary of State of Maine (1999) and 21-A MRSA 903-C). 353, 354). 2, 3, Michigan: M.C.L.A. Art. Art. There is a 15-day cure period after a statement of insufficiency is issued by the secretary of state, and proponents may deliver additional signatures during this time. III, 2; 4), Who can sign the petition: Registered voters (Ne.Rev.St. Background. Which election is a measure on: A referred measure may be voted upon at a statewide election or at a special election called by the governor (NDCC Const. 15% of the total vote cast in the last election in at least of two-thirds of the counties. Art. Circulator requirements: Must be age 18 or older and resident of Ohio (I.C. Art. 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. 4, Pt. 7-9-105). 3, 3; NRS 32-1402 and -1403, Nevada: Const. Timeline for taking effect: When approved (Const. Law 13-202). . Under the obligatory type, a statute or constitution requires that certain classes of legislative action be referred to a popular vote for approval or rejection. 12, 2), Mississippi (MS Const. For indirect statutory initiatives, 3 % of the votes cast for governor in the last election to submit to the legislator. Skip over the Blank Pages below! 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. Various forms of I&R have existed in the United States since the 17th century, beginning in New . 1953 20A-7-206). If a congressional district has 90 to 110 % of the needed valid signatures, every single signature will be verified to discern if it qualifies (V.A.M.S. 2, 19; Amalgamated Transit Union Local 597 v. State of Washington, 11 P.3d 762, 2000), Other subject restrictions: None (RCWA Const. What Are The Different Types And Forms Of . Art. No statute found; used Term Limits Referendum (Nov. 1996) as a reference. Citizens come up with and vote on their own laws Pros: 1. 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. 14, 9). 1953, Const. 48, Init., Pt. 2. Art. 354). Rev. Law 6-204(c)). 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. Art. Every state requires or offers some type of review in addition to fiscal statements. 8). Art. 6), Collected in-person: Yes (34 Okl.St.Ann. Records must be kept of contributions and expenditures. 1-40-102, 1-40-105, 1-40-106). Art. Submission deadline for signatures: Ninety days after the law is filed by the governor in the office of the secretary of state (Const. This bill would (concise description). 295.009). Code 18680. A committee must be formed upon the occurrence of any of the following in a calendar year: receiving $2,000 or more in contributions, , making independent expenditures totaling $1,000 or more or making contributions totaling $10,000 or more. Constitution 48, Init., Pt. 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. 5, 2; Constitution 48, Init., Pt. * See also: 2011 N.D. Op.Atty.Gen. 901), Proponent organization and requirements: Any organization supervising or managing petition circulation must register with secretary of state (21-A M.R.S.A. Subject restrictions: Such laws as may be necessary for the immediate preservation of the public peace, health, safety or support of the state government and its existing public institutions are not subject to referendum (Const. To find a specific recall, you can scroll through the items listed in the widget and click on the recall or alert for more information. Who can sign the petition: Qualified electors of the state (34 OS 23). Signatures are valid for two years, but a petition can circulate indefinitely, and filed at least 30 days before Feb. 1 of the year of the general election that the measure is to be voted upon. The secretary of state is prohibited by law from accepting for filing any referendum petition which interferes with the legislative prerogative contained in the Constitution of Nebraska that the necessary revenue of the state and its governmental subdivisions shall be raised by taxation in the manner as the legislature may direct. Types allowed: Indirect citizen initiative for statutes and amendments and popular referendum. Rev. Timeline for collecting signatures: Signatures are valid for two years, but a petition can circulate indefinitely (F.S.A. III, 5(1)). Application process information: Original draft of petition must be submitted to secretary of state before circulating, including a suggested popular name; secretary of state approves and certifies both or disproves and specifies each deficiency (NMSA 1-17-8). Timeline for collecting signatures: None except when collecting the second 3 % of signatures of votes in last election for governor, the deadline is 90 days (OH Const. Const. In three states (Massachusetts, Ohio and Utah), proponents must gather additional signatures to place the measure on the ballot; in the others, it automatically goes to the ballot. Groups must file reports detailing contributions received in excess of $100 in the aggregate and all other contributions and expenditures made by the group. Circulator oaths or affidavits: Official sponsors must sign at least two-thirds of the petitions (DCL 2-1-1.2). 5, 1; M.G.L.A. LXXIV, 2 and MGL ch. Oregon Secretary of State Administrative Rules 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. Op. Art. 3519.04). States sometimes limit how soon a measure can be re-attempted. Maine: If neither receives a 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. III, 3 and NRS 32-1407). MT CONST Art. Vote requirement for passage: Majority (Const. Art. Withdrawal process of individual signature: Voter may withdraw signature by submitting to the secretary of state, before the petition is filed with the secretary of state, a sworn statement requesting that his or her signature be withdrawn and affirming the name of the petition signed, the name the voter used when signing the petition, the address of the voter and the county of residence (Mo.Rev.Stat. Who writes this varies. Code 82013, 84101, 84107, 84200, 84200.8, 84202.3 and Elec. 100.371, 101.161; F.S.A. Stat. Initiative, referendum, and recall are three powers reserved to enable the voters, by petition, to propose or repeal legislation or to remove an elected official from office. Proponent financial disclosure requirements: A committee must be formed upon the occurrence of any of the following in a calendar year: receiving contributions in excess of $2,000, making independent expenditures totaling $1,000 or more or making contributions totaling $10,000 or more (Govt.