initiative referendum and recall are examples of quizlet

Fiscal statement is included in voter pamphlet as is other information. Allowed to pay another for their signature: Not specified. 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. 5, 2; Constitution 48, Init., Pt. 14, 9; Art. V, 2). Circulator oaths or affidavits: Official sponsors must sign at least two-thirds of the petitions (DCL 2-1-1.2). 24, 1). 19-121), Ballot title and summary: Secretary of state, approved by attorney general (A.R.S. LXXXI, 4). 11 1 and 5). 23-17-17; 23-17-19, Montana: MCA 13-27-201; 13-27-202; 13-27-204; 13-27-207, Nebraska: Neb.Rev.St. Monthly reports are due on the 10th for any preceding month in which total contributions received or total expenditures made exceed $200. Art. Collected in-person: Yes (NRS 32-630 and -1404). Recall, referendum and initiative processes are electoral devices used by citizens when they want to take part in government activities. However, voters submit two preferences: (1) to approve or reject both measures and (2) deciding between the measures. Petition title and summary creation: Title board, comprised of secretary of state, attorney general and director of the office of legislative legal services (C.R.S.A. Allowed to pay another for their signature: Prohibited (O.R.C. This wording must be used: Shall a law (here insert description, and state, in distinctive type, whether approved or disapproved by the general court and by what vote thereon) be approved?, No statute found; see Michigan Manual 2009-2010, p. IX-2. Const. Const. Const. Paid signature gatherers must register with the secretary of state and pay a fee of $20 for each petition they will be paid to circulate (SDCL 2-1-1.5 through -1.9). Fifteen% of those residing in at least two-thirds of the counties of the state, as determined by those who voted in the preceding general election in that county. 187; Okl.St.Ann. Art. Art. Ohio ballot board; proponents may suggest title. General review of petition: The Citizens' Initiative Review Commission reviews measures and may create a citizen panel to review specific ones (O.R.S. Some states place restrictions on how sponsors may pay petition circulators. To schedule an appointment to file an Application for a Serial Number, please contact our office at ballotmeasure@azsos.gov. 116.030) and secretary of state drafts a ballot title which appears on the petition (Mo.Rev.Stat. Allowed to pay another for their signature: Prohibited (Elec. The following contribution and expenditure statements must be electronically filed: drafting statement, filed at the time approval is requested to circulate petition; circulating statement, filed at the time petitions are submitted for signature verification; pre-election statement, filed between the 39th and 31st day prior to the election; and year-end statement, filed by Jan. 31 of the year following the election. 168.32). Petition title and summary creation: Secretary of state and approved by attorney general (V.A.M.S. 3, 50; V.A.M.S. 168.487). 2; Neb. Who creates petitions: Secretary of the commonwealth (Const. Art. 905 and 1 M.R.S.A. The Referendum is where the state legislators can deal with a problem by putting it on the ballot and letting the people vote it. III, 2). Art. 3, 52). 187; Okl.St.Ann. Timeline for taking effect: The date of the governor's proclamation of the election results (IC 34-1813). Const. (21-A M.R.S.A. Const. Const. 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). Art. Wording of Ballot Question and Effect of Yes Vote, No statute found; used Referred Act 1 (Nov. 1994) as a reference. Does the law in question take effect before the referendum vote: No. 54, 53). Which election is a measure on: General election (SDCL 2-1-17). Paid per signature: Prohibited (Const. Unclear; it seems likely that the same statement drafted by the secretary of state and approved by the attorney general for the petition also appears on the ballot, but this is not specified. Art. St. 32-628; 32-1546), Paid per signature: No ban, but must state whether the circulator is paid or volunteering on the petition (Neb. Const. No more than one-quarter of signatures may come from a single county. Prepared by the office of financial management, in consultation with the secretary of state, the attorney general, and any other appropriate state or local agency. 12, 2), Collected in-person: In the presence of the circulator (M.C.L.A. Geographic distribution: Yes, signed by qualified voters equal in number to 15% of those resident in at least two-thirds of the counties of the state, as determined by those who voted in the preceding general election in that county (Const. * See also: 2011 N.D. Op.Atty.Gen. b. actions at New England town meetings. Which election: Next succeeding election at which the question may be voted upon by the voters of the entire state (Const. Art. Attorney general writes title and summary if original is challenged in court (F.S.A. Validity determined by the board of elections. Tit. Art. 1953 20A-7-202; U.C.A. Rponses possible : a. 1953 20A-7-205; 20A-2-105). 11 3), Collected in-person: No direct statute (F.S.A. 48, Init., Pt. Const. Circulator oaths or affidavit required: Yes (Wyo. 5, 1), Repeal or change restrictions: No veto by governor, and two-thirds vote by legislature may amend or repeal (Ark. 902), Timeline for collecting signatures: One year (M.R.S.A. Collected in-person: Yes (N.R.S. Proponent organization and requirements: No later than thirty (30) days after a proposed bill is submitted for certification, the committee of applicants the names of 100 registered voters who will act as sponsors. Where to file: State Board of Election Commissioners (Const. OK Const. Accessible across all of today's devices: phones, tablets, and desktops. III, 3). Att'y Gen. No. II, 1b). The following is not a legal, comprehensive list of every campaign finance law governing the initiative process in each state, but rather provides a starting guide of where to find relevant statutes: Nine states have an explicit process for withdrawal of an initiative from circulation: Proponents may any time before measure qualifies for the ballot, 131 days before the general statewide election. 1953 20A-1-201; 20A-1-203; 20A-7-206). May include a fee (RCWA 29A.72.010; 43.07.120; 29A.72.020; 29A.72.040). 4, 5), Forty percent in Mississippi (MS Const. Art. Art. The attorney general may approve the title or revise as necessary to comply with the law (34 OS 8(H) and 9). 295.009, Ohio: Const. 250.065), Time period restrictions before placed on the ballot: Four months prior to the general election (OR CONST Art. Const. Pre-election statements must be filed 40 and 12 days before the election. Must include the title and effective date of the referred law, the date of the general election at which it is to be referred. Where to file: Secretary of state (NMSA 1-17-8). Const. 2, 3; Const. 34-1802). Art. Art. 2, 1). 5, 1). 12, 2; M.C.L.A. Stat. 5, 11; Art. Const. 19-124). which lies the initiative and referendum-the power of the people to make laws. Art. Under the constitution, an act takes effect 90 days after it is enacted. Direct democracy Simple English the free. Must file a statement of organization as a political committee within two weeks of organizing or within two weeks of the date the first contribution or expenditure is expected. The recall allows residents to remove the person in office. Timeline for collecting signatures: Twelve months. 168.472a). 250.045). Updated on June 03, 2021. II, 1d). 48, Init., Pt. Art. Vote requirement for passage: Majority (Const. 24-22-403). In some states, the legislature or governor may order a special election for a measure. Withdrawal process of individual signature: Yes, before May 15, signer submits request to county clerk (U.C.A. Californians adopted the initiative process on October 10, 1911, becoming the tenth state to adopt this form of direct democracy. IV, 1). Number of signatures required: 2% of the entire vote cast for governor at the preceding biennial state election (Const. 48, Init., Pt. 3519.08). V, 1(4)(a) and CRS 1-40-123). Legislature or other government official review: Attorney general and Supreme Court are part of the signature verification process and the ability of the public to protest as to the constitutionality of the measure. Art. 15, 273). Subject restrictions: Acts making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act are not subject to referendum (Const. Does the law in question take effect before the referendum vote: Suspended upon filing of petition signatures (Const. A ballot summary is prepared by Department of Legislative Services and approved by attorney general Elec. 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). XI, 3). Art. Application process information: At least five sponsors must apply, each of whom is registered to vote in Utah. M.C.L.A. Eighteen months or until April 30 of the year of the next general election, whichever is earlier, for collection, and a deadline of May 1 in the year of the election that the initiative will appear on, or 18 months from the date the petitioner receives the official ballot title from the secretary of state, whichever is earlier. Who can sign the petition: Electors (Const. 1953 20A-7-203). Repeal or change restrictions: Two-thirds vote is required to amend or repeal a measure approved by a vote of the people (Cont. These may be accepted or rejected (Neb. Art. 1953 20A-7-211). 21. Art. 1(4)). Timeline for collecting signatures: Time limit for circulation begins with the first signature on a petition and ends 14 days after that. Then, select a topic from the column at the left for comprehensive information or select a state in the map for state-specific information. VI, Subpt. 19, 2). Art. VI, Subpt. 3, 1; SDCL 2-1-6). II, 1c). Amending or diverting funds from a referendum measure requires a three-fourths vote of the members of each house of the legislature, and the amendment must further the purposes of the measure (Const. Types allowed: Indirect initiative for statute, direct initiative for constitutional amendment, and popular referendum, Other subject restrictions: No private or special laws (Const. 14, 9; MCA 13-27-503; 13-27-504). The full title and text of the measure must be attached to each signature sheet (Const. II, 1b and 1g; O.R.C. Const. Stat. Submission deadline for signatures: Petitions must be filed within 90 days after the legislature at which the act sought to be referred was passed shall have adjourned sine die or for more than ninety days (Const. Art. Art. . 5, 2; 34 Okl.St.Ann. Rev. Which election: Statewide or a special election called by the governor (Const. Constitution 48, Init., Pt. Petition includes the title of the referred law. VI, 1 and Utah Code 20A-7-301(2)). initiative referendum and recall are examples of quizlet. 116.332). Ten % for amendments (Ark. Which election is a measure on: The next regular or general election occurring subsequent to the 125 days after filing signatures (OH Const. 5, 1). What is on each petition: The full text of the measure, the affidavit of the circulator, the name of each petition district of the registered voters signing those pages, and each petition must have a 200-word or less description on each signature page of the petition (N.R.S. But if insufficient funds for the measure, it is effective 45 days after the next convening regular legislative session. Repeat measures: Two years (MS Const. May only amend structural and procedural subjects contained in Article IV. Proponent financial disclosure requirements: Within three days of making an expenditure or receiving a contribution, a political committee must file a statement of organization and designated a treasurer (ORS 260.035). A yes vote approves the referred act, and a no vote rejects it. 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. 5, 7). 901), Proponent organization and requirements: Any organization supervising or managing petition circulation must register with secretary of state (21-A M.R.S.A. 34-1807), Circulator oaths or affidavits: Yes (I.C. Art. General review of petition: None other found. Full text is printed on ballot if it is 200 words or less; if it is more than 200 words, the secretary of state drafts a title. 12; 25). Art. 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. 2). 48, Init., Pt. Repeal or change restrictions: Governor may not veto (MT CONST Art. Ballot title and summary: Submitted to Board of Election Commissioners and then certified to the secretary of state (Ark. Art. From three-fourths of house districts of the state with signatures from each district equaling at least 7% of the total votes from preceding general election. In 1921 the voters of North Dakota removed from office the governor, attorney general, and commissioner of agriculture. 5, 1 and ACA 7-9-107). Must register organization (5 ILCS 20, 10 ILCS 5/28-9). 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. Paid per signature: Yes (CRS 1-40-135(2). Where to file: Attorney general (Elec. Withdrawal process of individual signature: May not remove after official submission of petitions (O.R.S. 4, 3; Constitution 48, Init., Pt. Who creates petitions: Lieutenant governor provides a copy of the referendum petition and signature sheets; sponsors print additional copies (Utah Code 20A-7-304). Must file monthly financial reports with the Ethics Commission. Secretary of state and approved by attorney general. 12, 2). Ohio: Reviewed by attorney general and Ohio ballot board, which also writes pro or con statements if not supplied. Petition title and summary creation: Secretary of state and approved by attorney general (NDCC, 16.1-01-07). XVI, 2). Art. Code Ann. The secretary shall direct whether this is conducted by random sampling or by verification of each signature (Mo.Rev.Stat. 106.191). CONST. Const. Recall, Referendum, Initiative by Michelle Rimach - Prezi The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. Art. XVI, 5(b) and Elec. If legislature amends, it does not go into effect until the original is rejected by the voters. Circulator requirements: Name and address must be on petition if paid (F.S.A. 3519.22. Vote requirement for passage: Majority (Const. 4, Pt. Which election: Next general election (Const. Art. A legislature committee also reviews the measure by a deadline (N.R.S. States have statutes covering conflicting or competing measures, the percent of the vote needed to pass a measure, and repeal or change restrictions. Const. Petitions must be submitted no later than 5 p.m. 90 days after the final adjournment of the legislative session. If the legislature does not enact the statute, another round of signatures is required equaling 0.5 % of votes for governor (M.G.L.A. Art. 116.100). 6, 1). IV, 1). Art. 3, 4; Art. OH Const. 22-24-402. Circulator oaths or affidavits: Yes (O.R.C. Art. Geographic distribution: 3% of the votes cast for the office of governor in the last election in half of the counties each (OH Const. Const. II, 9). III, 3, Const. Ballot title and summary: Secretary of state drafts ballot language statements that fairly and accurately explain what a vote for and what a vote against the measure represent, approved by attorney general (Mo.Rev.Stat. III, 5(1)). Const. Application process information: For statutory indirect initiatives, proponents must file a copy of the text with the secretary of state no earlier than Jan. 1 of the year preceding the year in which a regular session of the legislature is held. Stat. Allowed to pay another for their signature: Prohibited (O.R.S. Art. 3, 52(c)(i)). 12, 2; M.C.L.A. Are - working c. is looking for d. aren't investing 2. IV, 1; O.R.S. A statement of 100 words or less by secretary of administration and finance regarding fiscal consequences of the measure. Art. Art. Information on states that restrict payment to circulators are below. 21 1 and A.R.S. 3519.22). 11 3). 48, Init., Pt. For direct initiatives, signatures must be submitted by Feb. 15 immediately before the next general election. If they are passed there, they become law without the need for a popular vote. 3, 2). 4, 1, Pt. 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). 48, Init., Pt. For example, Australia defines 'referendum' as a vote to change the constitution and 'plebiscite' as a vote which does not . 10% of the votes cast in last general election, 10% of the total number of votes cast in the last general election, or 25% to suspend operation of the act until the election, 2% of the residential population according to the last federal decennial census, 6% of the total votes cast for the office of governor in the last election, 5% of votes cast for governor in the last election, 4% of the votes cast for all candidates for governor at the last election, 5% of the total votes cast for governor at the last election, 8% of the active voters in the state on Jan. 1 following the last regular general election, Const. 168.474a; 168.486; 168.477; 168.32). III, 3; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. 116.320). Submission deadline of signatures: For indirect measures, at least 10 days before the regular session that is the session that was 10 months out when the proposed measure was submitted. 3519.01; 3519.02; 3513.10). The same title that was drafted for the petition also appears on the ballot (ORS 250.065). 5, 1). II, 1c and 1g; ORC 3519.16(F). Withdrawal of petition: No process specified. St. 32-628; 32-1546). Art. Timeline for taking effect: Thirty days after the official declaration of the vote unless provided otherwise in the measure (Mississippi Const. 5, 1), Other subject restrictions: No other statutes. 55, 22). One of three authorized people must submit a notice of withdrawal with the secretary of state. If statute petition is passed by the legislature, then it is subject to the referendum. Application process information: Application containing the act to be referred and signed by at least 100 qualified voters is filed with the lieutenant governor. Circulator oaths or affidavit required: Yes (NRS 32-630 and -1404). Art. Rev. Does the law in question take effect before the referendum vote: An act referred to the people is in effect until suspended by petitions signed by at least 15% of the qualified electors in a majority of the legislative representative districts. 19, 3; Nev. Rev. Rarely has a recall effort against a state-level officeholder ever qualified for the ballot. IV, 1). Final deadline (this is for counties to transmit verified petitions to the secretary of state) is not less than 120 days before the next general election (Const. Lieutenant governor with assistance from attorney general, Secretary of state, approved by attorney general, Ark. 3, 53). Amend. 3, 17). Some states have what's called an indirect initiative process. St. 32-630; 32-628). Art. Art. Const. 295.009. 169.234; 169.247). XVI, 3(d)). General review of petition: Secretary of state reviews and processes the petition, along with the attorney general and the Supreme Court (34 Okl.St.Ann. Cal.Elec.Code 9005; Cal.Gov.Code 12172. A report is also due no later than the 15th day after the deadline for filing the referendum petition. Legislature may hold public hearings and must hold a committee hearing once 25 % of signatures are collected (Cal.Gov.Code 10243, 12172; Cal.Elec.Code 9007, 9034). Massachusetts (M.G.L.A. 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 % of signatures are to be collected between mid-May and July. II, 1g; O.R.C. Const. Once the lieutenant governor receives the verified packets from the clerks, they count the number of names and declare the proposition sufficient or not (U.C.A. Art. For statutes, 5% of total qualified electors of the state, determined by the number of votes cast for governor in the preceding general election. 3, 18, 20). In other words, it is the ability of the voters to enact or repeal laws, or recall elected officials. However, in about half of the 24 initiative states, proponents can get drafting assistance to improve the quality and consistency of initiative proposals. 3519.16. 19, 2; N.R.S. 100.371, 101.161; F.S.A. (IC 34-1803B). 3, 52(g) and Wyo. In the early 1900s, the recall, referendum, and initiative provisions IV, 1b). IV, 1(3)). Art. Any proposed law can, with sufficient backing, be put on the ballot in an election. Art. Conflicting measures: If neither receives a majority, the one receiving more votes will be resubmitted to the next general election by itself if it received at least one-third of the total votes cast for or against the two measures. III, 52(c); Wyo Stat. 22-24-416). Must be projected to be at least 95 % accurate (10 ILCS 5/28-11, 5/28-12, 5/28-13). Timeline for collecting signatures: Unlimited, but if number of filed signatures is deemed insufficient, sponsors have 30 days to collect more (A.C.A. See Const. Art. Other Subject restrictions: Cannot dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts, prescribe court rules, enact local or special legislation, or enact legislation prohibited by the Wyoming constitution (Const. Massachusetts: Proponents may alter the measure in small ways after legislature reviews it. Paid per signature: Circulators may be paid but not by the signature. States vary in how they verify the collected signatures. Next state election, if 60 days intervene between the date when such petition is filed and the date for holding such state election; if that is less than 60 days, then the law must be submitted to the people at the next state election, unless it is repealed before then. Repeal or change restrictions: No veto by governor. 3, 52(e)) with the assistance of the attorney general (Wyo. 353, 354). 54, 53). Art. The secretary of state is directed to prescribe a form for this process (MCA 13-27-301(3)). Which election is a measure on: General election, but governor and legislature may call special elections (U.C.A. 3, 3; NDCC, 16.1-01-09). 21). Secretary of state, revisor of statutes and attorney general, M.G.L.A.

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