6). 2, 9; Const. 2, 8. Geographic distribution: The maximum number of signatures counted from any individual congressional district is one-fifth of the total number required (MS Const. The secretary of state employs a representative random sampling using questionnaires, postcards, telephone calls, personal interviews, etc, or any combinations thereof, to determine the validity of the signatures (NDCC, 16.1-01-10). Attorney general prepares explanatory statements. II, 1c). 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). 22-24-412). Timeline for collecting signatures: Eighteen months or until April 30 of the year of the next general election, whichever is earlier (I.C. Code 23-17-3; MS Const. Verification: The regular boards of judges, clerks and officers count all of them (I.C. If the petition is insufficient, the sponsors have 10 extra days to collect more signatures (OH Const. 116.334; 116.260). If they are passed there, they become law without the need for a popular vote. States may limit the subject matter of popular referenda. Circulator requirements: At least 18 years old (Elec. Const. Time period restrictions before placed on the ballot: Signatures must be filed one year prior to the election (SDCL 2-1-1.2). Const. IV, pt. 187; Okl.St.Ann. Thirteen states require a simple majority to pass statewide ballot measures: Alaska, Arizona, Arkansas, California, Idaho, Maine, Michigan, Missouri, Montana, North Dakota, Ohio, Oklahoma andSouth Dakota. 11 1 and 5). And, must also be submitted to the appropriate officials of cities, towns or plantations, or state election officials as authorized by law, 10 days before it's due with the secretary of state (M.R.S.A. Timeline and deadlines for collecting signatures: First 10 signatures must be turned in by the first Wednesday of the September before the assembling of the general court . 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. In an example we calculated the variance and standard deviation for Location 1 of Gilotti's Pizzeria restaurants. III, 3; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. 54, 53, Drafted by sponsors and approved by board of state canvassers. Collected in-person: Yes (N.R.S. 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. Who creates petitions: Secretary of state reviews the petitions (SDCL 2-1-1.1; SDCL 2-1-1.2). Ballot title and summary: The official title of the bill that is subject to the referendum appears on the ballot. For statutory initiatives, 6% of total votes cast for all candidates for governor in last general election. Proponent organization and requirements: Sponsors name is part of original filing, along with the name of any committee the sponsor has formed and the names of not more than three people who can withdraw or amend the petition (NRS 295.015). Submission deadline for signatures: Petition must be filed with county officials not later than 15 days following the primary election (NRS 295.056). St. 32-1408. Some states have what's called an indirect initiative process. If passed by legislature, it is subject to the referendum (M.C.L.A. IV, 1). Rponses possible : a. First, they tend to be much shorteran average of 90 days. Does the law in question take effect before the referendum vote: Does not go into effect unless approved by voters (Const. Art. Initiative. Art. 1(6B)). Subject restrictions: Referendum shall not apply to dedications of revenue, to appropriations, to local or special legislation or to laws necessary for the immediate preservation of the public peace, health or safety (Const. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient (Const. 116.025). Tit. 1-40-123), Majority to pass: Amendments require 55 % (C.R.S.A. Circulator oaths or affidavit required: Yes (ORS 250.045(10)). 7-9-111). A simple statement of the gist of the proposition is printed at the top of each signature page (34 OS 3). 295.0575), Allowed to pay another for their signature: Prohibited (N.R.S. 21 1). Must file monthly financial reports with Ethics Commission (A.C.A. Art. Allowed to pay another for their signature: Prohibited (Utah Code 20A-7-312(3)). Fifteen % for amendments (A.R.S. 3519.01; 3519.02; 3513.10). Who can sign the petition: Any registered voter of Missouri, but each petition page can contain only signatures from one county (Mo.Rev.Stat. Therefore, rules restricting the ability to change or repeal measures apply to statutory measures, which are available in 21 states. XVI, 4). Art. Art. No signatures may be obtained prior to 24 months before the general elections that it is to be voted upon, and signatures must be filed one year prior to the election (SDCL 2-1-1.2). Does the law in question take effect before the referendum vote: Not specified. II, 9 and Mich. Comp. 1953 20A-1-201; 20A-1-203; 20A-7-206). For direct initiatives, signatures must be submitted by Feb. 15 immediately before the next general election. 18). Two official representatives of the proponents must attend all petition review meetings. Code Ann. 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. Art. Art. States may apply a single-subject rule or other restrictions. Statewide election or a special election called by the governor, Next regular or general election that occurs 125 days after filing, Const. Wyoming: 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. Petitions must be submitted not later than 90 days after the final adjournment of the legislature; if that deadline falls on a Saturday, the office of the secretary of state must be open from 8 a.m. to 5 p.m.. Const. 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). For initiated state statutesorveto referendums, signatures must be gathered from 5% of qualified electors in each of one-third (34) of the state's 100 legislative districts (MT CONST Art. Colorado: Upon request, any agency in the executive department shall assist in reviewing and preparing comments on the petition. Fiscal review: 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 (RCWA 29A.72.025). Where to file: Secretary of state (MCL 168.471). 250.045; 250.067; 250.035; 250.036; 250.075. Art. Art. Public hearings are held in each congressional district (Neb. 2, 9). Geographic distribution: Yes. Paid per signature: Cannot be paid based on the number of signatures collected, but can be paid in general (NDCC 16.1-01-12(1)(j)). Types Allowed: Direct initiative for statutes and constitutional amendments, and popular referendum, Single subject rule: Yes (MT CONST Art. Contributions of $1,000 or more from a single contributor received during the 21 days prior to the election must be reported. 3519.16. Director of elections, with approval of the state board of canvassers, drafts a statement of purpose of not more than 100 words for the ballot. Stat. Amend. b. actions at New England town meetings. 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. Prepared by chief legislative budget officer. Ark. Const. Withdrawal process of individual signature: A voter may have their signature removed by submitting a statement requesting such to the county clerk no later than the earlier of 14 days after the day the voter signs a statement requesting removal or 45 days after the clerk posts the voter's name under 20A-7-306(3)(c). 1, Part 2). Where to file with: Secretary of state (W.S.1977 22-24-302). Fiscal review: Director of the Legislative Research Council prepares a fiscal note as requested (SDLC 2-9-30; 2-9-31; 2-9-34). Collected in-person: Yes (MCL 168.482a(5)).. Withdrawal process of individual signature: Not specified. Bans on payment-per-signature have met with mixed results in the courts. Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures. Art. Art. Submission deadline of signatures: Have 120 days before election for amendments, and 160 days before election and not less than 10 days before legislative session for statutes (M.C.L.A. Code 84101). Within three days of making an expenditure or receiving a contribution, a political committee must file a statement of organization and designate a treasurer. Art. When formed as a ballot question committee, it must file campaign statements and other forms with the Nebraska Accountability and Disclosure Commission, all on a set timeline (NRS 49-1401). Timeline for collecting signatures: Signatures may be collected as soon as petition is approved and must be submitted to counties four weeks prior to the deadline (MCA 13-27-301). The president of the Senate and the speaker of the House of Representatives have authority to designate groups of members to prepare arguments for and against amendments to the Ohio Constitution proposed by the General Assembly, a person or persons to prepare an argument for any law, section, or item submitted to the electors by referendum petition, and a person or persons to prepare an argument against any constitutional amendment proposed by initiative petition. XVI, 5(b) and Elec. 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. 1953 20A-6-106; 20A-7-206). Withdrawal of petition: Only before submissions (10 ILCS 5/28-3), Petition title and summary creation: Proponents, no statute (ILCS Const. II, 1g; Art. Art. Number of signatures required: 5% of total votes cast for all candidates for secretary of state at the last general election (Const. Stat. Allowed to pay another for their signature: Prohibited (ORC 3599.13 and .14). Art II, 9). N.R.S. Seven states impose explicit limits for how much time must pass before a measure is re-attempted, ranging from 12 months to five years: M.G.L.A. 10% is require to suspend the law prior to the vote. 116.030). 3, 3; NDCC, 16.1-01-09). 3519.01). Art. Must submit full text and title, and statement as to the use or not of paid circulators (U.C.A. Amend. Withdrawal process of individual signature: A registered elector who signs a petition may withdraw his or her signature from the petition by filing a written request for such withdrawal with the secretary of state at any time on or before the day that the petition is filed with the secretary of state (CRS 1-40-109(3)). 3, 50; V.A.M.S. 3, 1; SDCL 2-1-6). Const. Art. 3, 52(c) and Wyo. They represent direct check on democracy as people can exercise their powers to accept or reject a piece of legislation. 5, 1). Who can sign the petition: Qualified voters (M.G.L.A. Who creates petitions: Sponsors (34 OS 1). Verification: Secretary of state verifies via a random sampling (SDCL 2-1-11; 2-1-15; 2-1-16; SDCL 2-1-17). Titles 16 and 19), prior to beginning any . 34-1801a), Ballot title and summary: Attorney general (I.C. 19, 3; N.R.S. Public reviews for 30 days and provides comments to the proponent. VI, Subpt. Art. Circulator requirements: Any Maine resident who is a registered voter (21-A MRS 903-A). The board may certify them, or if it finds they are misleading or confusing, may refuse to certify them. 5, 6; 34 Okl.St.Ann. IV, 1b). 4, Pt. 1-40-106 and 1-40-107). And attorney general reviews legality (MCA 13-27-202; 13-27-312; 13-27-402). Art. Details on who or which offices writes the title and summary are listed below. Art. 3, 1; Art. For indirect statutory initiatives, signatures must be collected from at least 44 of 88 counties, equaling 1.5% of the votes cast for governor in each county in the previous election. 2, 3). To do this, petitions have to be signed by a certain portion of the electorate, or voters. None specified for title, and summary "prepared by the person authorized by law. Art. Art. Sponsors submit full petition to title board for review (CRS 1-40-105). 14, 3), What is on each petition: Entire text of proposed measure, date of general election it is to be voted on and circulators statement (ILCS Const. All citizen initiatives require the collection of a certain number of signatures, although states vary in the number of signatures and the baseline used to determine that number. Repeal or change restrictions: No veto and only a majority of voters to overturn amendments, not 55 % (C.R.S.A. These serve as the ballot title. Statements of contributions and expenditures must be filed on January 10, seven days before political party conventions, seven days before the primary, three days before public hearings, on September 30, and seven days before the general election (Utah Code 20A-11-802). Reports of contributions and expenditures must be filed no later than the eighth day before the election, the 30th day after an election and the 15th day following the close of each calendar quarter. 48, Init., Pt. Deadline of 120 days before election for amendments; 160 days before election and not less than 10 days before legislative session for statutes; and 180 days to collect. LXXXI, 4). III, 2). * See also: 2011 N.D. Op.Atty.Gen. III, 5(1)). Timeline for taking effect: Once canvassing of votes is complete (N.R.S. Amend. 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. 1953, Const. Art. 7-9-107). 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206). 3, 53). Validity determined by the board of elections. Who creates petitions: Secretary of state prepares a sample petition (MCA 13-27-202 and -205). 1-40-130, 1-40-111), Number of signatures required: Five % of votes cast for secretary of state in last election (C.R.S.A. IDEA. 19, 1). Art. Verification: If more than 500 names have been signed on the petition sections filed with an election official, random sampling is used to determine the number of valid voters who have signed (Elec. 15, 273). The secretary shall direct whether this is conducted by random sampling or by verification of each signature (Mo.Rev.Stat. 295.015). 48, Init., Pt. Art. Art. Verification: For each signature, county clerk verifies if the person is a registered voter (Utah Code 20A-7-306(3) and -306.3). General election, and signatures must be filed one year prior to the election. Number of signatures required: 10% of the total vote for governor cast in the last election (Const. Otherwise, they may submit an alternative measure. Circulator requirements: Resident of South Dakota who is at least 18 years old (SDCL 12-1-3). Circulator oaths or affidavit required: Yes (Wyo. IV, 1(4)). The legislature may submit a competing measure to the ballot (M.G.L.A. If there are insufficient state funds and the measure does not provide a source, it is effective 45 days after next regular legislative session. 34-1807), Circulator oaths or affidavits: Yes (I.C. County recorder or justice of the peace. Geographic distribution: Not more than half may be residents of Baltimore City or of one county (Const. Art. The statement may not be submitted electronically (Utah Code 20A-7-305). 2, 1), Ballot title and summary: Attorney general (RCWA 29A.72.050), Time period restrictions before placed on the ballot: No additional statute. A fee of $500 is required; fee is deposited in general fund (Const. Which election: General election (SDCL 2-1-17). Art. States also have varying processes for reviewing petitions. 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. Who can sign the petition: Electors (O.R.S. Ballot title and summary: Secretary of state drafts title (21-A MRS 905-A and 906). 21 1; A.R.S. Repeal or change restrictions: No veto by governor. Const. Code Ann. In 2002, NCSL published Initiative and Referendum in the 21st Century, an in-depth study on initiatives and referenda that includes recommendations for policymakers. Which election is a measure on: A referred measure may be voted upon at a statewide election or at a special election called by the governor (NDCC Const. Art. 48, Init., Pt. Application process information: No fees or application, Where to file with: Secretary of state (M.C.L.A. A recall allows people to remove public officials from office, while referendum voting and initiatives allow citizens to propose, approve, or veto specific legislation. If the referendum question gains enough "yes" votes, then . Submission deadline for signatures: 5 p.m. on or before the 90th day after the recess of the legislature, or if the 90th day is a weekend or holiday, by 5 p.m. on the preceding day which is not a weekend or holiday (Const. Petitions must be submitted by midnight within 90 days of the date the legislation was signed by the governor and filed with the secretary of state.
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