initiative referendum and recall are examples of quizlet
295.055; 295.009, North Dakota: NDCC, 16.1-01-07; 16.1-01-09, Ohio: OH Const. Vote requirement for passage: Majority, but no such law shall be held to be disapproved if the negative vote is less than thirty per cent of the total number of ballots cast at such state election (Const. 12; 25). Petition sponsors may not gather signatures without first forming a ballot issue committee. III, 52(a) and Mo.Rev.Stat. For constitutional amendments, 8% of total vote for governor in last election in each of two-thirds of the state's congressional districts. Art. Proponent organization and requirements: Lists of circulators and notaries who notarized the petition sections must be filed with the secretary of state. Timeline for taking effect: Upon publication of the certificate by the secretary of state of the result of the vote (Const. Conflicting measures: No statute found other than if the attorney general determines that their subject/purpose/effect are similar, they will give them identical ballot titles (OR Rev. Proponent financial disclosure requirements: Include but are not limited to quarterly reporting and following rules set by board of elections (10 ILCS 5/9-15). 19, 3; N.R.S. 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. Rponses possible : a. Additional reports are due on the third Wednesday in January of each year the committee continues in existence. Art. General review of petition: The secretary of state will appoint two, three-person committees, one for and one against the measure. Const. Majority to pass: Majority only, but the election must have at least 50 % voter turnout (OR CONST Art. IV, pt. Code 23-17-60). 116.110) to the simple crossing out of ones name in Idaho (I.C. Art. 130.110; 130.120; 130.029; 130.046; 130.041). . Where to file with: Secretary of state (RCWA Const. Art. Art. Signatures in each of one-half of the 27 congressional districts of the state. Art. This is generally the secretary of state, but in Alaska and Utah, the lieutenant governor is the states chief election officer. Timeline for taking effect: Thirty days after it is enacted or approved by a majority of the votes cast (OR CONST Art. . After chance for comment by all legislators, the legislative council prepares an impartial analysis with description, background information and likely effects (A.R.S. Ballot issue committees must file reports of contributions and expenditures on or before the fourth and second Friday immediately preceding a general election and on or before the second Tuesday after a general election. Massachusetts, Ohio and Utah use this sort of process. Art. The attorney general reviews the ballot title after signed petitions are turned in (34 Okl.St.Ann. Petition title and summary creation: Attorney general drafts ballot titles and certifies statements (O.R.S. Difference Between Initiative and Referendum Code 16.1-01-10). 22-24-411). 2, Oregon: O.R.S. The public may protest as to the constitutionality of the measure. Const. 19-124). For citation information, please contact the NCSL Elections and Redistricting team. General election, but governor and legislature may call special elections, and certified ballot title is due at least 65 days before the election. 19-121), Which election is a measure on: Next general election after filing (A.R.S. 2, 8). 2, 2; M.G.L.A. 7-9-106). Art. Petition title and summary creation: Prepared by sponsor, approved by secretary of state. Art. Proponent organization and requirements: Application must contain the names and addresses of at least five sponsors, certification that each sponsor is a registered voter in Utah and has voted in a regular general election in the last three years, the notarized signature of each sponsor and a copy of the law (Utah Code 20A-7-302). 5, 2; Constitution 48, Init., Pt. Art. If passed by legislature, it is subject to the referendum (M.C.L.A. Which election is a measure on: General election, but governor and legislature may call special elections (U.C.A. Art. Repeat measures: May only be attempted once every three years (Ne.Rev.St. Timeline for taking effect: The date of the governor's proclamation of the election results (IC 34-1813). By continuing to use this site, you consent to the terms of our cookie policy, which can be found in our. Arizona: A.R.S. 1(9) and A.R.S. Art. 48, Init., Pt. 901), Where to file with: Secretary of state (M.R.S.A. Who can sign the petition: Any registered voter of Missouri, but each petition page can contain only signatures from one county (Mo.Rev.Stat. 3599.03, Oklahoma: 34 Okl.St.Ann. Const. 5, 57; Art. Proponents must turn in sheets each month (O.R.S. 5, 1), Single subject rule: Yes (Cal.Const. Cannot be same as a measure at either of the two preceding biennial state elections. Art. Geographic distribution: 5% in each of two-thirds of the congressional districts (Const. The requirements for an election with statewide ballot measures vary greatly by state. 250.105). Secretary of state drafts ballot language that fairly and accurately explains what a vote for and what a vote against the measure represent; approved by attorney general. Cannot stop emergency laws passed by the legislature or appropriations to support state departments or institutions. Withdrawal process of individual signature: May cross out signature on petition prior to submission to clerk or by written statement expressing wish for withdrawal after the petitions are turned in to the clerk (I.C. III, 8). 2, 9; Const. 23-17-57), Number of signatures required: Twelve % of the total votes cast in the last gubernatorial race for governor (MS Const. Seventeen states have subject matter limitations other than the single-subject rule: Dedicate revenue, repeal appropriations, create courts, define court rules or jurisdictions, or enact local or special legislation. No amendatory law adopted in accordance with this provision shall be subject to referendum. For amendments, 10% of total votes cast for governor. Subject Matter Excluded From Popular Referendum, Dedications of revenue, appropriations, local or special legislation or laws necessary for the immediate preservation of the public peace, health or safety, Laws immediately necessary for the preservation of the public peace, health or safety, or for the support and maintenance of the departments of the state government and state institutions, Urgency statutes, statutes calling elections or statutes providing for tax levies or appropriations for current expenses of the state, Laws necessary for the immediate preservation of the public peace, health or safety, and appropriations for the support and maintenance of the departments of state and state institutions, Laws 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, Const. 16-906; 16-926; 19-111; 19-124), Proponent financial disclosure requirements: Include but are not limited to spending reports, establishing a bank account, and quarterly and pre-election campaign finance reports (A.R.S. 116.030). III, 2; Bernbeck v. Gale, 59 F.Supp.3d 949 [2014]; 829 F.3d 643, United States Court of Appeals, Eighth Circuit). Law 6-205(d)). LXXXI, 4). IV, pt. Const. Const. Bans on payment-per-signature have met with mixed results in the courts. 5% of the votes cast for governor at the preceding election; 15% of the votes cast for governor in the preceding election in a majority of legislative districts is required to suspend operation of an act pending the election. Application process information: The proponent must file with the secretary of state a typewritten copy of the measure, accompanied by an affidavit that the sponsor is a qualified elector of this state as well as the fiscal requirements of the measure and the source of the revenue needed, and not less than 90 days before first day of legislature (Miss. Initiative is when citizens get signatures and make the decision . If amended, expires or is rejected, it goes onto the ballot. 295.015; 293.250). 1-40-106). Circulator requirements: 18 years of age (NRS 295.0575). They may also submit their own alternative ballot measure to the people if it is different but under the same subject area. Ballot title and summary: Proponents submit descriptive ballot title that is reviewed by attorney general (34 Okl.St.Ann. Public review or notice: The secretary of state also furnishes an information pamphlet with the title, fiscal statement if applicable, its complete text, the form in which it'll appear on the ballot, arguments for and against it, and rebuttal arguments, and will publish notices in newspaper (MCA 13-27-401; 13-27-402; 13-27-410; 13-27-311). South Dakota: The Legislative Research Council provides written comments to the attorney general (SDCL 12-13-25; 12-13-25.1). Art. M.C.L.A. Geographic distribution:For constitutional amendments, signatures must be gathered from 10% of qualified electors in each of two-fifths (40) of the state's 100 legislative districts (MT CONST Art. This was held to be constitutional. Conflicting measures: Measure receiving most affirmative votes prevails, even if it did not receive the greatest majority of affirmative votes (V.A.M.S. Validity determined by the board of elections. For statutes: If not passed by the legislature within 40 days, it is placed on the next general election's ballot. VI, Subpt. Repeal or change restrictions: Two-thirds vote is required to amend or repeal a measure approved by a vote of the people (Cont. In the U.S., the terms initiative and referendum refer to processes that allow citizens of states to vote on particular pieces of legislation.. 22-24-412). 5, 1). Between 90 and 110 %, every signature is verified (C.R.S.A. In Nevada, a constitutional amendment needs only a majority but must be approved in two consecutive elections (N.R.S. For statutory initiatives, 8 % of legal voters who cast ballots for governor in last election. Art. Ten % for amendments (Ark. initiative referendum and recall are examples of quizlet . Six states (California, Maine, Massachusetts, Nebraska, Ohio and Wyoming) require a certain number of days, ranging from 30 to 180, to pass between the date the petition qualifies and the election. Take a minute to check out all the enhancements! For indirect initiative states, this review process involves the legislature and can be quite extensive. The use of the device gained momentum with the emergence of groups concerned with specific issues such as civil rights, abortion, capital punishment, nuclear power, tax policies, handgun control, and the environment. Allowed to pay another for their signature: May not use "any fraudulent means, method, trick, device or artifice to obtain signatures on a petition" (A.R.S. 295.009; 294A.150; 294A.220). 4, 1, Pt. A fee of $500 is required; fee is deposited in general fund (Const. Which election is a measure on: Biennial regular general election (C.R.S.A. 53 7). 901 and 1 M.R.S.A. Several states require two officials to write or review the title and/or summary, given their importance to a ballot measure. 22-24-401). In 2021, Idaho passed. Where to file with: Legislative Research Council, attorney general and secretary of state (SDCL 12-13-25.1; 12-13-26). One of three authorized people must submit a notice of withdrawal with the secretary of state. Amend. Withdrawal of petition: May remove no later than 120 days prior to the next general election (SDCL 2-1-2.3). 2, 9). A full copy of the measure must be attached. Proponents, but certified by state board of elections and reviewed by attorney general. The secretary of state shall not accept for filing any initiative or 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 (NRS 32-1408). Legislature or other government official review: Upon request, the legislative service office or any agency in the executive department shall render assistance in reviewing and preparing comments on the proposed bill. The ballot title may be distinct from the title of the law that is the subject of the petition (Utah Code 20A-7-308). Amend. 3, 8). 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. 2, 9; Const. Proponent financial disclosure requirements: All campaign finance activity must be conducted through a campaign finance entity. Art. Can remove an elected representative from office. Oklahoma: Secretary of state reviews and processes the petition, along with the attorney general and the supreme court. Art. Const. 19-121. Circulator oaths or affidavit required: Yes (Const. Collected in-person: Yes (A.R.S. Ballot title and summary: Attorney general after receiving written comments from the Legislative Research Council (SDCL 12-13-25.1). Proponent organization and requirements: Primary sponsors file names with secretary of state, and a principal circulator is listed (Neb. Code Ann. Art. Amend. Public meetings are also held and posting of amendments (A.R.S. A recall is when a political committee petitions the electors of the state, county, city/town, or district to demand an officer be recalled based on a statement of grounds by the committee. Art. Art. In 1921 the voters of North Dakota removed from office the governor, attorney general, and commissioner of agriculture. Single subject rule: No statute. Art. Conflicting measures: The measure with highest number of affirmative votes prevails (M.C.L.A. 3501.38), North Dakota (ND Cent. Const. Art. 21 1; CV160314-SA), Montana (MT CONST Art. 19-123 and A.R.S. Timeline for collecting signatures: Not more than 24 months (A.R.S. Timeline for taking effect: First Tuesday after the first Monday in January following the election unless otherwise specified (F.S.A. 1953 20A-7-202). Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). II, 10(a)). OK Const. Initiative, Referendum and Recall | Arizona Secretary of State - AZ SOS Const. Stat. Cannot require an expenditure of money unless a sufficient tax is provided. Some states offer no assistance or advice to initiative proponents on the draft of their proposed law. There are two kinds of referenda: obligatory and optional. 353). Art. Only 20 signatures allowed per sheet and each sheet is from one county. The title of the bill being referred is included on the petition, and a simple statement of the gist of the measure is printed at the top of the petition (authorship is not specified). Does the law in question take effect before the referendum vote: Suspended upon filing of petition signatures (Const. 2, 10; N.R.S. Law 13-202). Random sample process must require the random selection and verification of 500 signatures or 5% of the total signatures on the petition, whichever number is greater, to determine what percentage of the random sample is composed of signatures that are authorized by law to be counted. Const. Art. Circulator oaths or affidavits: Yes (Ark. 2, 24). 14, 11). III, 52(a)). initiative referendum and recall are examples of quizlet Art. 2, 3; M.G.L.A. Law 6-201 and -202, Massachusetts: Const. 32-630; 32-1546), Number of signatures required: For statutory initiatives, 7 % of votes cast for governor in last election. In Nebraska, the total number of signatures is based upon the total number of registered voters in the state. 22-24-413). Subject restrictions: The referendum shall not be applied to dedications of revenue, appropriations, local or special legislation, or to laws necessary for the immediate preservation of the public peace, health or safety (Const. States decide how the ballot title and summary are created and any requirements for the wording of the measure on the ballot. Semiannual statements of contributions and expenditures are due July 31 and January 31 (Govt. Rev. Code 23-17-3. Const. 5, 1; C.R.S.A. If the people are dissatisfied with and want to change the actions of government, or if the government wants to get public approval for a given policy, these three devices are available. Proponent financial disclosure requirements: Include but may not be limited to groups supporting or opposing ballot measures are treated as political committees, no statute found limiting contributions to ballot measure political committees, designation of a treasurer, filing statements of organization, and follow account and reporting requirements (O.R.S. 3, 50; V.A.M.S. Art. 54 53). Referendum is a decision for the general assembly to put a bill on the ballot. Proponent organization and requirements: Application must designate a committee of three sponsors who will represent all sponsors and subscribers in matters relating to the referendum (AS 15.45.270). Art. Allowed to pay another for their signature: Prohibited (Elec. Another 3 % is required to qualify for the ballot if not enacted by the legislature after four months (OH Const. 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). 113 (Nov. 2020) as a reference. Art. Supermajority vote only to change vote requirement. 5, 1). Art. Which election: Next regular or general election subsequent to the 125 days after filing (OH Const. Art. Which election: Next general election (Const. Cannot relate to: religion, the judiciary, specific appropriations, local or special legislation, the 18th Amendment of the constitution, anything inconsistent with the Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts (M.G.L.A. Five states have time limits on the repeal or alteration of measures. Oregon requires the election as a whole to have had at least 50 percent voter turnout, but only requires a majority to pass (OR Rev. 15% of the votes cast for governor in the preceding election in a majority of legislative districts is required to suspend operation of an act pending the election (Const. Reports of contributions and expenditures are due on the 12th day before an election, the 38th day after an election and the last business day of January and July of every year. XVI, 3(b)). 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. III 5). 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. The secretary of state submits the title to the attorney general for approval when signed petitions are timely filed for verification. 34-1802). 14, 3). New Mexico: at least 40% (Const. St. 32-1405.01; 32-1405.02; 32-1413). Art. Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. Const. III, 1). Code 9050). If the referendum question gains enough "yes" votes, then . LXXXI, 4). Otherwise, they may submit an alternative measure. Const. Proponent organization and requirements: Must sign affidavit and must refile after recommendations (RCWA 29A.72.010; 43.07.120; 29A.72.020; 29A.72.040). What is on each petition: Petition contains bill number, title of the act, signers statement and warning to signers and circulator verification (Utah Code 20A-7-303). Verification: Random sampling (MCA 13-27-303). Const. 3501.38; 3519.05). 2. Timeline for collecting signatures: Signatures may be signed at any time after an act is passed (Const. Const. 1953 20A-7-204). 7-9-104), California (Cal.Elec.Code 9001, 9004; Cal.Const. IV, pt. 12, 2). Art. Other subject restrictions: Must contain only subjects that are related or mutually dependent. Art. Director of the Legislative Research Council prepares a fiscal note as requested. Amend. 1953 20A-7-202), Proponent organization and requirements: At least five sponsors must apply (U.C.A. The legislature has four months to pass the bill in amended or unchanged form. Paid per signature: May be paid (Ark. Timeline for collecting signatures: Ninety days from the date marking the beginning circulation, as set by the secretary of state after public posting and chance for protest (34 Okl.St.Ann. . 19-113). 14, 3). Timeline for collecting signatures: Petitions are valid for one year (MS Const. If a petition is insufficient, a period of 20 days is allowed for correction. Additional signatures are needed then. 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. Art. Art. Petition title and summary creation: The statement of purpose and implication, which is prepared by the proponent and approved by the attorney general, is the title for both the petition and ballot. Const. 7-9-107). Art. To account for double-signing, the secretary will apply at least an 8 % duplication rate to the first sampling. Repeal or change restrictions: None (Const. Art. Secretary of state submits to Legislative Services Division for review, after which the final text of the measure and ballot statements must be resubmitted to secretary of state. Repeal or change restrictions: No veto by governor. Art. Contributions from nonresidents of the state, political committees organized outside the state or an entity that is not filed with the secretary of state for four years preceding the contribution are prohibited. 54 53). Art. 3, 52(b) and Wyo. Public review or notice: Secretary of state creates pamphlet with information and arguments and publishes the measures in newspapers leading up to the election. 3, 52(c)(i)). Submission deadline for signatures: Not less than four months prior to the next general election (Const. Const. Thirteen states require a voter pamphlet or booklet, usually mailed to every voter or household: Arizona, Colorado, Idaho, Illinois, Maine, Massachusetts, Mississippi, Montana, Nebraska, Oregon, South Dakota, Utah and Washington. Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures. For a direct initiative, unless otherwise specified, they do not take effect until five days after the date of the official proclamation by the governor (U.C.A. 3, 23). III, 5(1)). The secretary of state must write the question in a clear, concise and direct manner that describes the subject matter of the peoples veto or direct initiative as simply as is possible (MRS tit. Prov., Pt. Fiscal review: If the measure will have an effect on revenue, expenditures or the fiscal liability of the state, the attorney general orders the budget director to prepare one (MCA 13-27-312). Number of signatures required: 15% of the total vote cast in the last election (Const. III, 52(c); Wyo Stat. Petition title and summary creation: Lieutenant governor (Const. 8). See. Submission deadline for signatures: Petition must be filed with county officials not later than 15 days following the primary election (NRS 295.056). The reform movements of the Progressive Era generally focused on . Art. Petition title and summary creation: Attorney general (Cal.Const. For constitutional amendments, from 44 of 88 counties, signatures from 5% of the votes cast for governor in each county in the previous election. 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206. And no measure that names an individual to hold office or names private corporation to perform any function (Cal.Const. 1-40-116). 250.036; OR CONST Art. Circulator oaths or affidavit required: Yes (SDCL 2-1-10). 3519.04). 12, 2; M.C.L.A. A petition organizer must register with the secretary of state. 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. Proponent financial disclosure requirements: Political committees must file a statement of organization (NMSA 1-19-26.1). XVI, 1), Timeline for taking effect: Thirty days after the election (Ohio Const. 55 1, 6B, 7A, 18C, 18, Mississippi: Miss. III, 3); next general election after the petition is regularly and legally filed with the secretary of state (NRS 32-1411). Timeline for taking effect: An act rejected by referendum is void 30 days after certification. Timeline for taking effect: Goes into effect once the supreme court finishes canvassing the votes (N.R.S. Art. 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. Art. 19, 3; N.R.S. Stat. Who creates petitions: Sponsors (A.C.A. Must be projected to be at least 95 % accurate (10 ILCS 5/28-11, 5/28-12, 5/28-13). Proponent financial disclosure requirements: Include but may not be limited to a ballot question committee filing campaign statements, filing the 16th day before the election to the 11th day before the election, a postelection campaign statement, fines if failure to file properly, advertising guidelines (M.C.L.A. Petitions must be filed not more than 60 days after the final adjournment of the legislative session which passed the bill on which the referendum is demanded. Allowed to pay another for their signature: Prohibited (Const. Circulator oaths or affidavits: Sponsor signs affidavit, and circulators sign oath (RCWA 29A.72.010; 29A.72.120). IV, 1). This violence was reflected in which foundational document?, The process that gives citizens the power to enact constitutional amendments and legislation is called the, The initiative, referendum, and recall are all . In the early 1900s, the recall, referendum, and initiative provisions Timeline for taking effect: When approved by a majority of voters (Const. Verification: Each signature is physically counted (34 OS 6.1). Submission deadline of signatures: Generally 110 days before the election. Does the law in question take effect before the referendum vote: If a referendum petition is filed against a part of a statute, the remainder of the statute shall not be delayed from going into effect (Const., art II, 10(a)). Application process information: Before circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the attorney general who shall prepare a title and summary of the measure as provided by law. Const. Regular election unless otherwise ordered by Legislative Assembly, and restrictions of four months prior to the general election. Art. A simplified explanation of the initiative process follows. Const. Art. Art. III, 3). Vote requirement for passage: Majority (AS 15.45.220). Alaska prohibits payment in excess of $1 per signature. 7-9-111). States also decide which election a ballot measure will be voted on and any time restrictions before a measure is placed on a ballot. Const. Const. Circulator requirements: Registered voter (RCW 29A.72.120 and .130). Art. 901, 906; 1 M.R.S.A. 3519.03; 3519.01; 3519.062; 3505.063). 3, 52(e) and Wyo. 1(9) and A.R.S. VI). 48, Pt. 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. Designated representatives must, within 10 days of filing a completed petition, file a report containing information about paid circulators and any other expenditures made in relation to circulating petitions. General assembly members opposing the amendment may prepare or designate others to prepare a brief argument against such amendment, submitted to attorney general (5 ILCS 20/2). 21 1). If politicians are ignoring citizens' concerns, they can pass the law themselves 2. Stat. Repeat measures: Cannot be same as a measure at either of the two preceding biennial state elections (M.G.L.A. Const. 3; Const. 295.012; 293.127563; Angle v. Miller, 2010, 722 F.Supp.2d 1206. This deadline pertains to when counties must submit petitions with verified signatures to the secretary of state. Art. Canadians, in May 1980, defeated a proposal that would have forced the national government to negotiate sovereignty for the French-speaking province of Quebec. Const. 99.097, 106.191). 2, 8. II, 1g). Stat. Verification: Must be verified at least 100 days before the election. If the petition is insufficient, the sponsors have 10 extra days to collect more signatures (OH Const. Note: It is unclear whether the following language applies only to initiatives or also to referenda: 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., General appropriation laws; laws providing for the preservation of the public peace, health or safety; for the payment of the public debt or interest thereon, or the creation or funding of the same, except as in this constitution otherwise provided; for the maintenance of the public schools or state institutions; and local or special laws.
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