initiative referendum and recall are examples of quizlet

21 1), Timeline for taking effect: Upon proclamation of the governor (A.R.S. 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). Majority to pass: Yes (NDCC Const. Verification: The qualified voter file shall be used to determine the validity of petition signatures by verifying the registration of signers and the genuineness of signatures on petitions when the qualified voter file contains digitized signatures. Which is an example of a ballot initiative quizlet 2, 9). 11 1 and 5). For constitutional amendments, 10 % of votes cast for governor in last election (Ne.Rev.St. 3, 19). Ballot title and summary: The same title drafted by the title board in the pre-qualification stage is used on the ballot (CRS 1-40-106); there is not a summary on the ballot (CRS 1-40-115). What is on each petition: Petition must include title of the act, and if only a portion of the act is sought to be referred, the number of the section or sections or portion of sections of the act designating such portion (Const. 48, Init., Pt. LXXXI, 4). Art. XI, 5). Rev. Two-thirds vote (or majority after two years). Proponent organization and requirements: A committee of three applicants must be designated to represent the sponsors in all matters pertaining to the petition. 3, 18). Who creates petitions: Sponsors (A.C.A. Const. Laws authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property. Application process information: Submit draft and affidavit to attorney general with fee of $2,000, refunded when measure qualifies for the ballot within two years. 3, 20), Verification: Certified by the registrar (21-A M.R.S.A. Art. An emergency law shall remain in force notwithstanding such petition but shall stand repealed 30 days after having been rejected by a majority of the qualified electors voting thereon (Const. Art. Proponents must file reports of payments made to signature gatherers. Washington requires 60 percent approval for laws authorizing gambling or lotteries (Washington Const. 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. Art. Does the law in question take effect before the referendum vote: Any measure referred to the people by referendum petition shall remain in abeyance until such vote is taken; the filing of a referendum petition against one or more items, sections or parts of any act shall not delay the remainder from becoming operative. 48, Init., Pt. 295.009). For indirect statutory initiatives, it is roughly 11 months and two weeks. Timeline for taking effect: Thirty days after the election unless otherwise provided in the act. 106.03). Submission deadline for signatures: Must be filed within 90 days of when the applicable legislative session adjourns sine die (AZ Const. 9 23), Application process information: File application with secretary of state, including organization name and officers and other information, summary and text of proposed law, and must also file a statement of its organization (A.R.S. 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. Code Ann. Proponent financial disclosure requirements: Include but may not be limited to the provisions of the Nebraska Political Accountability and Disclosure Act. Code Ann. Art. III, 3). 14, 3, 10 ILCS 5/28-2, Massachusetts: M.G.L.A. Paid per signature: Yes, and reporting is required (21-A MRS 903-A(5)). Art. 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). Five years on any measure that is "substantially the same as that defeated by" the previous measure. Colorado. 48, Init., Pt. Proponent organization and requirements: Must obtain certificate of review from attorney general and file petition with secretary of state (I.C. 7-9-103), Geographic distribution: From 15 different counties, with each countys petition having signatures of at least half of the designated %age of electors of the county (Ark. Submission deadline for signatures: Not more than 60 days after the final adjournment of the session of the state legislature which passed on the bill on which the referendum is demanded (IC 34-1803). Const. Q. Ballot title and summary: Proponent and approved by the attorney general, is the title for both the petition and ballot. Code 23-17-60). Art. 8). Timeline for taking effect: Takes effect five days after the official proclamation of the voter by the governor or the effective date specified in the proposed law, whichever is later (Utah Code 20A-7-311). Stat. Repeal or change restrictions: None (Const. Art. General review of petition: The secretary of state reviews and if the office deems it insufficient, the committee of petitioners has 20 days to correct it (NDCC Const. Art. 168.472). 5, 57; Art. OH Const. Here are the pros and cons of referendums to consider. In every state, petitions must follow guidelines, which vary by state. 2, Sec. St. 32-1414). 53 7. 5, 6; 34 Okl.St.Ann. Art. 3517.01, .08, .10, .11, 12, .13, .20, .092, .093, .102, .105; O.H.R. Const. A criminal records check is conducted (ORS 250.048). Recall, the device by which voters may remove public officials from office, also originates with the people. Art. Number of signatures required: 10% of the voters who voted in the preceding general election (Const. 1-40-105). Art. 116.115). Vote requirement for passage: Majority (Const. St. 32-1407; 32-401), Ballot title and summary: Attorney general (Neb. Proponents of an initiative, referendum, or recall effort must apply for an official petition serial number from the Town Clerk. II, 1g; O.R.C. If the legislature does not enact the proposition, then proponents may collect the additional 5% signatures required to get the measure onto the ballot. VI, Subpt. The legislature can provide for a different effective date with a two-thirds vote of the membership of each house (Const. III, 1). 53 7). Const. Art. Subject restrictions: Acts that become effective earlier than 90 days after the end of the session are exempt from the referendum (Const. 250.015; 250.052). License petition entity must register with secretary of state and obtain license (C.R.S.A. 24, 1). For statutory initiatives, 8 % of legal voters who cast ballots for governor in last election. 168.482; 168.544c). Proponent financial disclosure requirements: Include but may not be limited to being covered by the states campaign finance laws, must follow reporting rules, and file statement of organization (RCWA 42.17A.005; 42.17A; 42.17A.205). M.C.L.A. Which election is a measure on: General election (SDCL 2-1-17). Time period restrictions before placed on the ballot: 125 days must pass after filing petition before election (OH Const. For statute initiatives, no later than three months prior to the election the measure is to be voted upon, and must submit to the county officials no sooner than nine months and no later than four weeks prior to the final deadline. Art. IV, 1, Pt. The Law of Direct Democracy Carolina Academic Press. 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. Geographic distribution: Original geographical requirement found unconstitutional. One of three authorized people must submit a notice of withdrawal with the secretary of state. 295.009, Ohio: Const. Allowed to pay another for their signature: Prohibited (U.C.A. The attorney general may approve the title or revise as necessary to comply with the law. Who can sign the petition: Qualified registered voters (Wyo. 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. Proponent financial disclosure requirements: Must file a statement of organization as a political issues committee no later than seven days after receiving contributions or making expenditures totaling at least $750, and annually by 5 p.m. on January 10 thereafter, unless it has filed a notice of dissolution (Utah Code 20A-11-801). Two states require supermajorities for laws that seek to alter specific topics. Art. 116.332). Withdrawal process of individual signature: May not remove after official submission of petitions (O.R.S. Rev. For statutory, 5% of total vote for governor in last election in each of two-thirds of the state's congressional districts. Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). Petitions must be submitted either before 5 p.m. 30 days after the first individual signs the petition or 40 days after the legislative session ends, whichever is earlier. 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. Art. Art. Who writes this varies. Art. Circulator requirements: Must be age 18 or older and resident of Ohio (I.C. If paid, must provide required information to secretary of state prior to collecting signatures (A.C.A. For direct measures, four months from the election (RCWA 29A.72.030). Art. Art. 54, 22A, Missouri: Mo.Rev.Stat. 3, 17(1)). St. 32-1405.01; 32-1405.02; 32-1413, Ohio: OH Const. Signatures must be submitted by 5 p.m. on the 90th day after final adjournment of the legislature (34 OS 8). 5, 1). Art. 3, Sec. 3, 17). St. 32-1408). 16, 6; N.R.S. 1953 20A-7-202). II, 1g; O.R.C. Vote requirement for passage: Majority of the votes cast thereon and at least 40% of the total number of votes legally cast in the election (Const. Stat. Art. Rev. If both are approved, the one receiving the greatest number of affirmative votes prevails (34 Okl.St.Ann. 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. Law 6-205(d)). Arkansas: Exact petition copy filed with secretary of state (A.C.A. III, 5 and 6; NDCC 16.1-01-09(7). 5, 11; Art. From each of at least 26 Utah State Senate districts, legal signatures equal to 5 % for indirect or 10 % for direct initiatives of the total of all votes cast in that district for all candidates for U.S. president at the last general election (U.C.A. In many areas certain proposals must be put on the ballot for public approval. IV, 1; O.R.S. 3501.38), North Dakota (ND Cent. Proponent financial disclosure requirements: Must file a statement of organization within 20 days of becoming a committee (Mo.Rev.Stat. VI, 1 and Utah Code 20A-7-102 and 20A-7-305). Art. Submission deadline for signatures: Not more than 90 days after the end of the session at which the act was passed (Const. Art. 1-40-104, 1-40-105, 1-40-111, 1-40-135). III, 4). Welcome to Gila County 3, 1; Art. 1-40-108). 7-9-104). Art. 295.009). Circulator requirements: 18 years of age (34 OS 6). Filed within one year of receiving notice that petitions are ready. Ballot title and summary: 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. Art. The official title of the bill that is subject to the referendum appears on the ballot. Where to file with: Secretary of state (Neb. Select a State with Popular Referenda to Learn More. If the legislature fails to enact the proposal as written, sponsors then go through a second stage of signature gathering. Who can sign the petition: Registered electors (Const. It must be accompanied by a notarized form including the names and addresses of the petition sponsors and the statement of organization provided at 12-27-6 (SDCL 2-1-3.1). Get started for free! The second sampling must use a greater number of signatures than the first. Art. 2, 9; Const. Petition bears the title of the bill it seeks to repeal, and the secretary of state drafts the ballot title that appears on the petition. 1-40-106; 1-40-107; 1-40-108. Art. 1953 20A-7-212). 5, 1). Law 6-203(c)). Const. All three have in common the fact that, at some point or other, the people vote on them; and in most cases, the vote of the people is final. 250.045; 250.048). Other subject restrictions: Must contain only subjects that are related or mutually dependent. 2, 24). 2, 1). 116.180). Circulator oaths or affidavit required: Yes (RCW 29A.72.030). III, 2; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. Semiannual statements of contributions and expenditures are due July 31 and January 31 (Govt. For statute, 8% of total votes cast for governor in last general election. NAME _____ Period____ US History Midterm Review Packet Directions: Your goal is to create a booklet and fill in the data by using all resources: Terms, Canvas PowerPoints, Binder with assignments by Unit, US History Text, and the Guided Readers, along with the Gateway textbook. Law 7-103(c)). No filing fee is specified (Mo.Rev.Stat. 34-1809), Time period restrictions before placed on the ballot: Must file by the May before the election the measure is to be voted on (I.C. To work in today's reality, it will need amendingsomething that lies beyond the power of the Supreme Court." [1] The following states have initiative and/or veto referendum processes at the statewide level: Alaska. Withdrawal of petition: May be withdrawn no later than 120 days before the next general election if no less than two-thirds of the petition sponsors file such a request in writing with the secretary of state (SDCL 2-1-2.3). Const. 3, 50), Other subject restrictions: No appropriations or other new revenues not provided for in the measure (V.A.M.S. At general elections except when a special election is ordered by the legislature, and must be filed at least six months before the election it is to be voted on. What is on each petition: Petition includes original title of the act to be referred and a statement by signers. Formal processes vary greatly, such as the requirement of a formal sworn statement in Missouri (V.A.M.S. 901 and 1 M.R.S.A. 48, Init., Pt. Withdrawal of petition: Any person who submits a sample sheet to or files an initiative petition with the secretary of state may withdraw the petition upon written notice to the secretary of state. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient. Geographic distribution: From at least 15 of the 29 senate districts, signatures equal to 8% of the number of active voters in the county on January 1 following the last regular general election (Utah Code 20A-7-301(1)). 3519.07). Initiative, referendum, and recall are three means by which the people may bring their will to bear directly on the legislative process and the machinery of government. Petition title and summary creation: No separate title, and a simple "statement of the gist" of the measure is included on the petition (34 Okl.St.Ann. IV, 1(3)). Does the law in question take effect before the referendum vote: No. II, 10(a)). Art. Amend. 3. create a unicameral national legislature. V, 1(3)). If they fail, they may be submitted directly to a vote by the public, who may override the action of the legislature. 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. Time period restrictions before placed on the ballot: To be voted on at the next regular or general election subsequent to 125 days after the supplementary petition is filed (OH Const. An amendment requires at least one-fourth of members support to get onto the ballot. Law 6-103). II, 1b). 2, 8). Six states do not have a law governing conflicting measures: Florida, Illinois, Montana, Oregon, South Dakota and Wyoming. 353, 354). 48, Pt. Twenty-three states have popular referendum processes. 23-17-41). Const. Art. Const. III, 2; Art. Original geographical requirement found unconstitutional. 7-9-104; A.C.A. Code 104). States with popular referendums (23): Alaska, Arizona, Arkansas, California, Colorado, Idaho, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington Wyoming. Const. Withdrawal process of individual signature: Signatures may be withdrawn up to the time of submission of the petition. Const. Art. Stat. Art. 130.046). Art. Stat. For indirect statutory initiatives, roughly 11 months and two weeks (N.R.S. Const. States have rules in place to govern what legislatures or governors can do to citizen initiatives once they pass. Art. 3, 2). Art. And many states include some type of public review or notice of proposed measures, as well. XVI, 2). 48). Michigan: The director of elections, with the approval of the board of canvassers, prepares a statement of designation for the ballot. Verification: Each countys supervisor of elections will take a sample or verify every signature. IV, 1b). Art. No collection timeline except when collecting the second 3 percent of signatures of votes in last election for governor, the deadline is 90 days, and deadline of 110 days before the election generally. Application process information: Must file complete measure with the Legislative Research Council. Records must be kept of contributions and expenditures. 250.137; 250.139; 250.125; 250.067; 250.127). Art. General review of petition: None other found. U.S. History Midterm Review Packet 2022.docx - NAME 16, 6; N.R.S. 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. Art. 3, 1 and SDCL 2-1-1 and 2-1-5). General review of petition: Secretary of state, along with revisor of statutes, may reject petition application if it does not conform to drafting conventions for statutes (21-A M.R.S.A. Number of signatures required: 5% of the number of votes cast for all candidates for governor in the last general election (Const. A voter desiring to vote in favor of the law that is the subject of the referendum shall mark the square adjacent to the word "For" (Utah Code 20A-7-309). Proponents submit descriptive ballot title reviewed by attorney general. Time period restrictions before placed on the ballot: If 60 days do not so intervene between submission of the petition and the date for holding the next state election, then such law shall be submitted to the people at the next following state election, unless in the meantime it shall have been repealed (Const. Who creates petitions: The secretary of state creates the form and the petitions at the expense of the sponsors (W.S.1977 22-24-310; 22-24-311). 48, Pt. Collected in-person: Yes (ACA 7-9-103). Const. General election, and must file by the May before the election the measure is to be voted on. Geographic distribution: Yes. Governor may veto a measure initiative by the people and passed by the legislature, but then it is referred to the people as a popular referendum (M.R.S.A. 7-9-105). Art. 1-40-112). III, 8). (Const. Art. NCSL summarizes the results of the Feb. 21, 2023, special elections in Kentucky, New Hampshire, Virginia and Wisconsin. Const. Art. General review of petition: The director of elections, with the approval of the board of canvassers, prepares a statement of designation for the ballot (M.C.L.A. States also have varying processes for reviewing petitions. The Secretary of State's Office is currently operating on an appointment-only basis. Withdrawal of petition: One of three authorized people must submit a notice of withdrawal with the secretary of state (N.R.S. 14, 3 and 10 ILCS 5/28-9), Collected in-person: Yes (10 ILCS 5/28-3), Withdrawal process of individual signature: By written request before submission of the petition to state board of elections or an officer with whom filing of the petition is required (10 ILCS 5/28-3). Art. Who creates petitions: Lieutenant governor (Const. 19, 2), Ballot title and summary: Secretary of state, in consultation with the attorney general (N.R.S. Art. provided safe working conditions for child laborers. Most states require proponents of a proposed law to follow guidelines. 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). 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706, Washington: RCWA 29A.32.010; 29A.32.031; 29A.32.040; 29A.32.070; 29A.32.080, Arkansas (Arkansas Const. 6, 1), Repeat measures: Two years (U.C.A. General review of petition: Reviews done by attorney general and legislative services division (MCA 13-27-202). 5, 1). Legislature or other government official review: Legislature reviews the measure as submitted to it by the proponents. II, 1g and O.R.C. 1-40-105). Who creates petitions: Secretary of state (N.R.S. Lieutenant governor with assistance from attorney general, Secretary of state, approved by attorney general, Ark. 2, 9). 5, 1; C.R.S.A. Timeline for taking effect: When approved (Const. Ballot title and summary: Submitted to Board of Election Commissioners and then certified to the secretary of state (Ark. Two states require circulators to attend a training: Twenty-two states require circulators or proponents to sign affidavits or other sworn statements as to the accuracy or authenticity of the petitions: Several of these states require such information to be included on the signature petition sheets. Various forms of I&R have existed in the United States since the 17th century, beginning in New . Fiscal review: The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the secretary of state, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau (N.R.S. 7-9-107). Majority to pass: Majority and at least 50% of the total votes cast in the entire election (W.S.1977 22-2-117). Public review or notice: Public may comment for 15 days on petition once it is approved for circulation, and may attend hearing held by joint committee on legislative research, with comments from that meeting made public, and newspaper publication (V.A.M.S. Timeline for collecting signatures: For direct initiatives, six months to collect (submit proposed measure within 10 months with deadline to submit four months out from the general election). The initiative and referendum process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. Art. Code reviser issues certificate of review (RCWA 29A.72.020; 29A.32.040; 29A.32.060). Taken together, they are called the politics of direct action. These serve as the ballot title (MCA 13-27-312). Art. Code 13-309). 19, 3; N.R.S. Art. Proponent financial disclosure requirements: Sponsoring committee must file a statement of renumeration prior to circulating signatures if circulators will be paid (NDCC 16.1-01-12(1)(j)). Circulator oaths or affidavits: No, but they certify that each signature was in their presence and that they believe each individual is an elector (O.R.S. Any time more than 70 days before the election, a majority of the committee members may withdraw the petition by writing to the secretary of state. Petition title and summary creation: Petition includes the title of the referred law (SDCL 2-1-3.1). Considered a committee if individual raises or spends more than $5,000. General review of petition: None other found. concerning (statement of subject) and voters have filed a sufficient referendum petition on this bill. 53 7). Code 13-208 for statement of organization. If legislature amends, it does not go into effect until the original is rejected by the voters (OH Const. Sample petition prepared by secretary of state must include the text of the measure, a statement of purpose and implication, and yes-no statements, as prepared by the petitioner (MCA 13-27-202 and -205). Petition title and summary creation: Petition bears the title of the bill it seeks to repeal (Mo.Rev. Only one state does not require this type of action: Before a measure is placed on a ballot, states decide which election it will appear on, how the ballot title and summary are created and any time restrictions involved. Code 107). What is on each petition: Must follow prescribed form and include the provisions for identification of the measure, space for the printed name, space for the signature, address of the committee member, notarization of the signature and affidavit (NDCC, 16.1-01-07; 16.1-01-09). Art. IV, pt. 19-121. Stat. 5, 1), Ballot title and summary: Title board (C.R.S.A. Circulator requirements: Age 18 or older (Elec. What is on each petition: Petitions substantially follow the form found in U.C.A. The ordinance is suspended from becoming effective pending the outcome of the election. Cannot "pass a law authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property.". Art. Eighteen months for collection, and then sponsors must submit signatures no later than six months before the election and can only start collecting the day after the previous general election. Petition title and summary creation: Within 15 days of the issuance of the certificate of review by the attorney general, petitioners file the measure with the secretary of state, who forwards it to the attorney general, who has 10 days to draft a title (IC 34-1809(2)). In Arkansas and Maryland, the application is filed with the state election board. Code Ann. M.C.L.A. IV, 1). Art. N.R.S. Application process information: No fees or application, Where to file with: Secretary of state (M.C.L.A. VI, Subpt. Considered a committee if individual raises or spends more than $5,000. III, 4 and NRS 32-1414). Prepared by the Financial Impact Estimating Conference. Recall, referendum and initiative processes are electoral devices used by citizens when they want to take part in government activities. Const. After chance for comment by all legislators, the legislative council prepares an impartial analysis with description, background information and likely effects (A.R.S. Art. Cure period for insufficient signatures: If a petition is insufficient, a period of 20 days is allowed for correction (Const. (IC 34-1803B). "Direct Democracy" in California. Ballot title and summary: The Office of Legislative Research and General Counsel numbers the propositions and proposes a descriptive title summarizing the contents of the measure. 34-1801a, 34-1804, 34-1809, Illinois: ILCS Const. 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. III, 3). The public may protest as to the constitutionality of the measure. 353), What is on each petition: Fiscal impact statement, summary by secretary of state, name of circulator and statement on right of signer to read summary and fiscal statement before signing, and instructions from secretary of state (21-A MRSA 901, 903).

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