3, 52(e) and Wyo. 15, 273). Code 9001). Allowed to pay another for their signature: Prohibited. 3, 50 and V.A.M.S. Collected in-person: Each person must sign "in his own proper handwriting" (NMSA 1-17-1). Const. General review of petition: Reviewed by attorney general and Ohio ballot board, which also writes pro or con statements if not supplied (OH Const. and the remainder of the required signatures shall be filed not later than the first Wednesday of the following December. After review by legislature, the second 0.5 percent of signatures are to be collected between mid-May and July and must be submitted to the local registrars two weeks before submission to the secretary of state. Advantages. . Proponent financial disclosure requirements: Include but may not be limited to being considered political action committees, following regulations for political advertising, and the filing of contribution and expenditure reports (W.S.1977 22-1-102; 22-24-201; 22-24-306). Which election is a measure on: General election unless the legislature orders a special election (MT CONST Art. Rarely has a recall effort against a state-level officeholder ever qualified for the ballot. Art. 3, 52(c) and Wyo. Electronic reports of contributions and expenditures must be filed according to a schedule specified in ORS 260.057. Secretary of state shall print pamphlet of statements in support and against the measures along with the attorney general's title, explanation, and clear statement of a yes or no vote, and if possible, a fiscal statement (SDCL 12-13-23 and 25.1). IV, 1 and NMSA 1-17-1). Art. Number of signatures required: 4% of the votes cast for the office of governor at the last election (Const. XVI, 3(d)). 3519.21. 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. 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. 3, 52). 3519.04). South Dakota has a unique statute regarding pay: may pay based on hourly wage or salary, express or implied minimum signature requirements for the circulator to meet, may terminate someone's employment if they do not meet "certain productivity requirements," and may pay discretionary bonuses based on reliability, longevity, and productivity. (SDCL 12-13-28). 5 1). Circulator oaths or affidavit required: Yes (Const. Code reviser issues certificate of review (RCWA 29A.72.020; 29A.32.040; 29A.32.060). 21 1, Colorado: C.R.S.A. 250.045; 250.067; 250.035; 250.036; 250.075). 3, 18). Art. 1-40-105). 130.021). Must file statement of organization as a PAC upon receiving contributions or making expenditures in any combination of at least $1,000 in connection with an election. However, the bans in North Dakota and Oregon were upheld by federal circuit courts. Timeline for collecting signatures: Time limit for circulation begins with the first signature on a petition and ends 14 days after that. 7-9-111. Ballot title and summary: Prepared jointly by the secretary of state and attorney general (IC 34-1810(1)(b)). Art. If the total signatures meet 90-100% of the requirement, the county clerk(s) check all of the signatures until 100% is reached. Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). Which election is a measure on: Next state election (M.G.L.A. But these devices, like the recall, are legal only in certain states and municipalities, not at the national level. XI, 5 and AS 15.45.410). 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. Each state has a unique way of handling the timeline and deadline for signature gathering. Other subject restrictions: Must contain only subjects that are related or mutually dependent. III, 2). 23-17-29). Art. Circulators may not receive payment greater than $1 per signature. Art. Allowed to pay another for their signature: Prohibited (RCW 29A.84.250). Also requires full disclosure of campaign staffers. 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). Number of signatures required: Eight % of the total number of legal voters for statutes. Art. Timeline for taking effect: Upon approval by the voters (Const. Legislature or other government official review: Attorney general aids summary (21-A M.R.S.A. For direct initiatives, six months to collect (submit proposed measure within 10 months with deadline to submit four months out from the general election). Legislature may amend initiative after two years. Under the optional referendum, a specified number of voters may, by petition, demand a popular vote on a law passed by the legislature (a process similar to the initiative). II, 1(d)). The committees select a chair and may prepare arguments and rebuttals, which will be reviewed by the secretary of state for the ballot (N.R.S. 250.105). Both the initiative and the referendum originated in Switzerland in the first half of the 19th century. XLVII , Pt. 4, 1, Pt. Circulator requirements: Must be Montana resident (MCA 13-27-102; 1-1-215), Circulator oaths or affidavits: Yes (MCA 13-27-302), Paid per signature: Cannot be paid based on the number of signatures collected but can be paid in general (MCA 13-27-102; 13-27-112). Art. Five states have time limits on the repeal or alteration of measures. For constitutional amendments, from 44 of 88 counties, signatures from 5% of the votes cast for governor in each county in the previous election. Take a minute to check out all the enhancements! To make it more difficult to place initiatives on the ballot and to ensure initiatives do not represent just the interests of heavily populated areas, some states have created a requirement that signatures be gathered from across the state. Art. Subject restrictions: Such laws as may be necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing public institutions are not subject to referendum (Const. Proponents submit descriptive ballot title reviewed by attorney general. II, 1g; O.R.C. II, 1g; O.R.C. The ballot title may be distinct from the title of the law that is the subject of the petition (Utah Code 20A-7-308). 3519.08). VI). 48), South Dakota (Const. 8). The legislature may submit a competing measure to the ballot (M.G.L.A. Art. 106.19). 14, 9; Art. 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. 3, 52(e)) with the assistance of the attorney general (Wyo. Where to file: Secretary of state and attorney general (ORC 3519.01(B)). Art. The secretary of state, in consultation with the attorney general, prepares a condensation, explanations for and against, and concise summaries of the bill's impact on existing related laws (NRS 293.250). Amend. Circulator oaths or affidavit required: Yes (MCL 168.482 and .544c). One of three authorized people must submit a notice of withdrawal with the secretary of state. Which election: Next statewide election, unless a special election is called by the legislature of the governor for the express purpose of considering a referendum (Const. A new, third level of content, designed specially to meet the advanced needs of the sophisticated scholar. Pamphlet contains one-sentence statements describing the effect of a "yes" or "no" vote prepared jointly by the attorney general and the state secretary (M.G.L.A. Withdrawal process of individual signature: None, "An elector's name may not be removed by the elector from a petition that has been submitted to and received by the secretary of state" (NDCC 16.1-01-09(5)). Const. Art. 354). 2, 8), Maine (M.R.S.A. Rev. Art. XI, 5). There is a filing fee of $2,000, which is refunded if the measure qualifies for the ballot within two years (Const. Thirteen states require publication in a newspaper: Arizona, Arkansas, Florida, Illinois, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, Ohio, Oklahoma and Utah. Who creates petitions: Secretary of state creates a sample petition and then the petition is reviewed by the attorney general (V.A.M.S. VI, Subpt. 1953 20A-7-213). 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. 19, 3; Art. Which election is a measure on: General election (F.S.A. Six states do not require fiscal statements: Arkansas, Idaho, Illinois, Michigan, Nebraska and Oklahoma. 295.055; 295.009, North Dakota: NDCC, 16.1-01-07; 16.1-01-09, Ohio: OH Const. 48). Amend. Proponents may amend before submission to the secretary of state (C.R.S.A. Eight % for amendments (Cal.Const. If such activity occurs within 30 days of an election, a statement must be filed within 48 hours. 3, 52(f)). Const. Rev. Attorney general drafts summary for ballot (A.C.A. Stat. General election, but governor and legislature may call special elections, and certified ballot title is due at least 65 days before the election. Art. No appropriations or other new revenues not provided for in the measure. If statute petition is passed by the legislature, then it is subject to the referendum. Art. LXXXI, 4). Which election is a measure on: Next general election or a special election if ordered by the legislature (RCWA Const. Circulator requirements: Residency requirement struck down (Term Limits Leadership Council v. Clark [1997]; Miss. 2, 10). Must file a statement of organization within 20 days of becoming a committee. Proponent organization and requirements: None specified. 16-119; None other found in 26 Okl.St.Ann). Law 6-103). Contributions from non-residents 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 (SDCL 12-27-18.2). Types allowed: Indirect initiative for constitutional amendments, NOTE:In 2021, the Mississippi Supreme Court. 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. Art. Every state requires or offers some type of review in addition to fiscal statements. Collected in-person: Implied (MCA 13-27-102), Withdrawal process of individual signature: Any time prior to official filing (MCA 13-27-301). II, 9(b)) and eligible registered voters (Elec. Ten states have at least one government official draft or review the petition title and/or summary. The legislature has four months to pass the bill in amended or unchanged form. 250.045). Art. Since the process is an indirect initiative, the legislature has four months to adopt the unchanged constitutional initiative by a majority in each house before the secretary of state submits it to the people. 3, 23). 903-C). 4, Pt. Other requirements may include a legal warning, a statement that the petition circulator is paid, a summary of the proposed measure, the full text of the measure, the county or district where the signature was collected, a warning to signers and more. States with geographic requirements that use entities that are unequal in population, such as counties or even state legislative districts, are more likely to have the requirement challenged in court. Verification: Secretary of state verifies with help of county clerks. Arizona (for constitutional amendments, not statutes) (A.R.S. Repeal or change restrictions: May repeal or alter a statute at any time. Who creates petitions: Sponsors are required to submit a sample petition to the secretary of state. ', No statute found; used Referendum Measure 4 (2012 primary) as a reference, No statute found; used Issue 2 (Nov. 2011) as a reference, Ballot language reads as follows: Shall the following bill of the legislature be approved?, No statute found; used Measure 101 (Nov. 2018) as a reference, No statute found; used Referred Laws 19 and 20 (Nov. 2016) as reference. Art. 116.334). Contributions greater than $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. Rejected. Art II, 9). Therefore, rules restricting the ability to change or repeal measures apply to statutory measures, which are available in 21 states. The initiative power extends only to laws which the legislature may enact. If the total signatures meet 90 to 100 % of the requirement, the clerk checks all of the signatures until 100 % is reached.
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