(Note: This provision was found unconstitutional in July 2020 by a Superior Court judge and was later affirmed Aug. 31, 2020 by the state supreme court. VI). 19-111). 14, 3), Ballot title and summary: Proponents but certified by state board of elections and reviewed by attorney general (see 10 ILCS 5/28-5; 10 ILCS 5/16-6; 5 ILCS 20/2), Time period restrictions before placed on the ballot: Filed at least six months before the election with the secretary of state (ILCS Const. Verification: "The Legislature may authorize the Secretary of State and the other public officers to use generally accepted statistical procedures in conducting a preliminary verification of the number of signatures submitted in connection with a referendum petition or an initiative petition, and for this purpose to require petitions to be filed no more than 65 days earlier than is otherwise required by [the constitution]" (Const. Fifteen% of total ballots cast in previous general election. In 18 states, the application to circulate a popular referendum petition is filed with the chief election officer. 1953, Const. 1-40-112). Verification: Random sample of at least 5 % or at least 4,000 signatures. Stat. 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. Law 13-202). Paid per signature: No ban on initiative petitions, but a statement must appear on the petition if circulator is being paid (W.S.1977 22-24-310). In order to receive contributions or make expenditures in excess of $1,500 in a calendar year, groups must form a committee for political action and register with the secretary of state. Must file a statement of formation as a political action committee within 10 days of formation. The chief petitioners may withdraw at any time before submitting the total number of signatures for verification. 5, 1). In the United States, amendments to state constitutions also must be put before the voters for approval. Does the law in question take effect before the referendum vote: For the purposes of the second paragraph of Const. Other subject restrictions: 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 (MS Const. Weve been busy, working hard to bring you new features and an updated design. 22-24-401, Laws related to dedications of revenue, appropriations, local or special legislation or laws necessary for the immediate preservation of the public peace, health or safety. CONST. Reports of contributions and expenditures of $500 or more must be made within 2 days between the 25th day of the month before an election and the day of the election (MCA 13-37-226). Const. Art. The popular referendum process allows voters to approve or repeal an act of the legislature. 250.125; 250.067; 250.127). 2, 9). Who creates petitions: Sponsors (Elec. Time period restrictions before placed on the ballot: Have 120 days before election for amendments, and 160 days before an election and not less than 10 days before legislative session for statutes (M.C.L.A. What is on each petition: Petition must include the full text of the measure, the affidavit of the circulator (Const. Const. 3, 52(b) and Wyo. Art. Const. Another 3% is required to qualify for the ballot if not enacted by the legislature after four months. Application must include act to be referred; statement of approval or rejection; printed name, signature, address and numerical identifier of not less than 100 qualified voters who will serve as sponsors; the designation of a referendum committee consisting of three sponsors who will represent all sponsors and subscribers in matters relating to the referendum. ), Const. No filing fee is specified (Mo.Rev.Stat. 5, 7). There has been one exception: The case Initiative and Referendum Institute v. Jaeger (2001) in North Dakota upheld the ban on paying per signature. Some states also include signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional. St. 32-1409). Who creates petitions: Secretary of state designs the petition and the division of elections issues the actual petition to proponents (M.R.S.A. Const. 3519.21; 3519.01; 3519.03), What is on each petition: Full copy of the title and text of the law, room for signatures and information of signers, a signed circulator statement, circulators name and address, name of employer of circulator, summary, attorney generals certification, a notice, and names of at least three of the committee members sponsoring the initiative (OH Const. Circulator oaths or affidavits: Yes (Ark. 19-111; 19-124). Referendum and initiative | Definition, Forms, History, & Facts Proponent organization and requirements: Primary sponsors file names with secretary of state, and a principal circulator is listed (Neb. Code 9031). Allowed to pay another for their signature: Giving or receiving money or anything of value for signing a petition or a statement of signature withdrawal is a class 1 misdemeanor (ARS 19-113(D) and -114.01). IV, pt. Through these processes, voters can adopt a change in law (an initiative), disapprove a law passed by the Legislature (a referendum), or remove an elected official from office (a recall). Art. Art. 2, 1), Ballot title and summary: Attorney general (RCWA 29A.72.050), Time period restrictions before placed on the ballot: No additional statute. Number of signatures required: Three % of the votes cast for governor at the preceding biennial state election to submit to the legislature. III, 52(a) and Mo.Rev.Stat. Art. Submission deadline for signatures: Must be submitted before 5 p.m. no later than the earlier of 30 days after the first individual signs the petition or 40 days after the legislative session ends (Utah Code 20A-7-306(1)). Most states require proponents of a proposed law to follow guidelines. Proponent organization and requirements: A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter 37 (MCA 13-27-112). Ten% of votes cast in last general election. VI, 1 and Utah Code 20A-7-102, Laws passed by a two-thirds vote of the members of each house, Const. Reports of contributions and expenditures are due by the 15th of every April and October. 19, 3; N.R.S. 1-40-106). 3519.01 and 3519.05(C). In Maine, Oklahoma and Utah, the law includes additional requirements to those governing conflicting measures: In Alaska, if the lieutenant governor and the attorney general determine an act of the legislature is the same as the proposed measure, then the citizen initiative is voided (AS 15.45.210). Rev. A committee formed to support or oppose a ballot measure must register by filing a statement of organization with the Ethics Commission when its contributions or expenditures exceed $1,000. Progressive Era Reforms - Students of History Which election is a measure on: At general elections, except when a special election is ordered by the legislature (V.A.M.S. OK Const. Types allowed: Indirect initiative for statute, direct initiative for constitutional amendment, and popular referendum, Other subject restrictions: No private or special laws (Const. Allowed to pay another for their signature: Prohibited (RCWA 29A.72.110; 29A.72.120; 29A.72.130; RCWA 29A.84.250), Number of signatures required: Eight % of the votes cast for the office of governor at the last regular gubernatorial election prior to the submission of the signatures for verification (RCWA 29A.72.150), Who can sign the petition: Legal voters (RCWA 29A.72.120), Collected in-person: Yes (RCWA 29A.72.120), Withdrawal process of individual signature: Only accepted before signatures are filed (People v. Hinkle [1924] 130 Wash. 419, 227 P. 861). Const. II, 9). 22-24-411). 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. How to Write an Initiative? Office of Legislative Research and General Counsel numbers propositions and proposes a descriptive title summarizing the contents of the measure. Const. Submission deadline of signatures: 18 months (W.S.1977 22-24-315). 116.115). Application process information: The person(s) or organization(s) under whose authority the measure is to be referred must deliver to the secretary of state the petition, signed by at least 20 qualified electors of the state (IC 34-1804). Reports of State Question Communications are required if aggregate expenses for a communication made at least 15 days before the election equal to exceed $5,000. III, 2; Art. II, 1g; O.R.C. 250.029). Paid per signature: Yes, "No law shall be passed to prohibit any person or persons from giving or receiving compensation for circulating petitions." Arizona. 5, 1). Here are the pros and cons of referendums to consider. Art. Who creates petitions: Secretary of state creates a sample petition and then the petition is reviewed by the attorney general (V.A.M.S. Art. Art. Conflicting measures: The amendment which receives the greatest number of affirmative votes shall be paramount in all particulars as to which there is conflict even though such amendment may not have received the greater majority of affirmative votes (Neb. Art. Legislature or other government official review: The Financial Impact Estimating Conference members of one person from the governors office, the coordinator of the Office of Economic and Demographic Research, one professional senate staffer and one professional house staffer (F.S.A. Art. Every state includes requirements for the circulators operating in the state. Const. Where to file: Not specified in statute; presumably with the State Board, since the Board is empowered to adopt regulations specifying how to file. All of the chief petitioners must sign the form to withdraw. Aside from single-subject rules, seven states have no additional subject restrictions on what can be in initiatives: Arkansas, Colorado, Idaho, Oklahoma, Oregon, Utah and Washington. 23-17-5). Every state requires or offers some type of review in addition to fiscal statements. 5, 1), Who can sign the petition: Registered electors who will be eligible to vote on the measure (C.R.S.A. Art. IV, 1). Art. The attorney general may determine an act of the legislature is the same as a proposed law and will remove it from appearing on the ballot (W.S.1977 22-24-304; 22-24-319). V, 1(6)). 3, 1; Constitution 48, Init., Pt. 3, 18, 20. Art. Number of signatures required: 6% of the total votes cast for the office of governor in the last election (OH Const. 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. What is on each petition: Must contain the full, true copy of the proposed measure on it on the backside or attached to it, and follow prescribed form and language, including a warning (Miss. 12, 2; M.C.L.A. Functions of the Initiative, Referendum and Recall - JSTOR A.R.S. What is on each petition: Contains a summary of the subject matter, warning to signers and a statement as to paid circulators (Const. NDCC Const. Proponent organization and requirements: Petition sponsors may not gather signatures without first forming a ballot issue committee (Elec. XI, 2). Which election is a measure on: The next statewide election unless the legislature or governor convenes a special election for it or the governor designates a vote at the primary election (OK 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. Legislator proposes a law, voters vote on it. Art. 67-6602, 67-6607). General review of petition: None other found. Withdrawal process of individual signature: Must do before submitted to secretary of state (NDCC, 16.1-01-09). Const. O.R.S. Art. II, 9 and MCL 168.471). Conflicting measures: The measure receiving a majority of the votes passes (RCWA Const. Must be projected to be at least 95 % accurate (10 ILCS 5/28-11, 5/28-12, 5/28-13). Who can sign the petition: Registered voters (Const. Withdrawal process of individual signature: Signer or attorney of the signer may remove a signature before official filing (O.R.C. 1(4)). Petition title and summary creation: A title board comprised of the attorney general, the secretary of state and the director of the office of legislative legal services or their designees (CRS 1-40-106). Circulation may begin once the attorney general has drafted a circulating title and summary; petition must be submitted within 90 days after the enactment date of the statute. Art. 3, 4; Art. Who creates petitions: Sponsors (CRS 1-40-105). Art. 4, 1, Pt. 19, 2). Cannot start collecting more than two years before the election (ILCS Const. 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. To account for double-signing, the secretary will apply at least an 8 % duplication rate to the first sampling. 2, Sec. 3519.07, Oregon: O.R.S. Circulator requirements: Name and address must be on petition if paid (F.S.A. St. 32-1410), Time period restrictions before placed on the ballot: Four months prior to the general election (Neb. Petitions must be submitted not more than 90 days after the law which is the subject of the petition has become law. XVI, 4). Art. The next general election after signature petitions filed, a legislative session has convened and adjourned, and 120 days after the legislative session adjournment. Geographic distribution: Yes. Art. 1, Part 2). III, 2. VI, Subpt. Prepared by state auditor, and proponents may submit proposed review.