3, 52). 19-121), Which election is a measure on: Next general election after filing (A.R.S. Sponsors draft summary and submit to board of state canvassers for approval. Law 7-103(c). Art. Art. May also post in newspaper (21-A M.R.S.A. Number of signatures required: 5% of the total votes cast for governor at the last election (Const. XVI, 1 and Elec. To allow opportunity for referendum petitions, no act passed by the legislature shall be operative for 90 days after the close of the session of the legislature enacting such measure. VI, 1 and Utah Code 20A-7-102, Laws passed by a two-thirds vote of the members of each house, Const. Art. Constitution 48, Pt. 23-17-43. Next statewide or special election after the legislative session concludes sine die, and signatures submitted to appropriate state officials at least 10 days before submitted to secretary of state, which is the 50th day of the first regular session or the 25th day of the second regular session. 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if that is less than 60 days, then the law must be submitted to the people at the next state election, unless it is repealed before then. Sponsors of advertising must file a report within 24 hours of the time the advertisement is published, mailed or otherwise revealed to the public if the advertisement qualifies as an independent expenditure or has a fair market value or actual cost of $1,000 or more. Const. Art. 15, 273). Other types of review might include recommendations on wording. 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. For constitutional amendments, generally take effect upon passage (Opinion of the Justices (1972) 287 N.E.2d 910, 362 Mass. Art. 21 1; CV160314-SA), Montana (MT CONST Art. 48, Init., Pt. Const. Some states limit the number of sections of code or the constitution that may be altered. . Who creates petitions: Secretary of the commonwealth (Const. AB 45; 30). In order to suspend effectiveness of the act pending a vote, signature requirement is 10% (Const. Prepared by the Financial Impact Estimating Conference. Art. Art. Where to file with: Attorney general and secretary of the commonwealth once approved (M.G.L.A. 7-9-107), Legislature or other government official review: No statute, Public review or notice: Notice to be posted in statewide newspaper five months before election at expense of petitioners (Ark. Ban struck down by courts (RCWA 29A.84.280; LIMIT v. Maleng, 1994). Const. 22-24-410). XLVII, Pt. Geographic distribution: A requirement for 5 % of the registered voters in two-fifths of the counties each was held unconstitutional, but that case was vacated because of an issue of standing (Neb. Petition title and summary creation: Attorney general (Elec. Art. III, 52(b)). III, 3 and NDCC 16.1-01-09(2)). 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). Allowed to pay another for their signature: Prohibited (V.A.M.S. Circulator oaths or affidavit required: Yes (21-A MRS 902 and 903-A). Number of signatures required: 8% of the active voters in the state on Jan. 1 following the last regular general election (Utah Code 20A-7-301(1)). 5, 1). Next general election held at least 131 days after signatures are certified. The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. Twenty-four states have citizen initiative processes. For direct constitutional amendments, it is nine months and three weeks. If the total signatures meet 90 to 100 % of the requirement, the clerk checks all of the signatures until 100 % is reached. Rev. Cure period for insufficient signatures: Upon notice that the petition was improperly filed, sponsors may amend and correct the petition by circulating and filing a supplementary petition within 10 days of the date that notice was given if 90 days have not expired after the adjournment of the legislative session in which the act was passed (AS 15.45.400). 23-17-9), Time period restrictions before placed on the ballot: Ninety days before the first day of the legislative session and the first five measures make it on the ballot (Miss. Withdrawal of petition: No process specified. 2, 9; Const. 2, 8). Art. 7-9-111. Thirteen states require publication in a newspaper: Arizona, Arkansas, Florida, Illinois, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, Ohio, Oklahoma and Utah. Proponent organization and requirements: Must sign affidavit and must refile after recommendations (RCWA 29A.72.010; 43.07.120; 29A.72.020; 29A.72.040). An estimated fiscal impact statement must be printed with any constitutional amendment or initiated or referred measure on the ballot. Allowed to pay another for their signature: Prohibited (NRS 32-630 and -1404). In three states (Massachusetts, Ohio and Utah), proponents must gather additional signatures to place the measure on the ballot; in the others, it automatically goes to the ballot. Submission deadline of signatures: Signatures must be filed one year prior to the election (SDCL 2-1-1.2). Const. Art. IV, 1). First, the county clerks do a simple tally and the secretary of state totals these. Signature gathering begins on a date specified by the secretary of state and cannot be less than 15 or more than 30 days from the date when all appeals and rehearings have been resolved or have expired. These include filing reports and designating organization officers. 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. Proponent financial disclosure requirements: Include but are not limited to being a ballot question committee is treated as a type of political committee, filing electronic campaign finance reports, where a committee can spend, and unlimited contributions to a ballot question committee (M.G.L.A. Art. IV, 1(4) and ORS 250.045). Colorado. Art. 4, ; Const. Circulator requirements: Must be qualified to register to vote pursuant to 16-101. Art. Petitions must be filed 90 days after the final adjournment of the session in which it was passed, except when a recess or adjournment shall be taken temporarily for a longer period than 90 days, in which case such petition shall be filed not later than 90 days after such recess or temporary adjournment. 3519.08). provided safe working conditions for child laborers. Timeline for collecting signatures: Petitions are valid for one year (MS Const. 14, 10). For constitutional amendments, 10% of votes cast for governor in last election. Withdrawal process of individual signature: By crossing out his or her own signature at any time prior to the time when the petition is presented to the county clerk for signature verification, or at any time after presentation of the petition to the county clerk but prior to verification of the signature, by presenting in writing or submitting electronically to the county clerk a signed statement that the signer desires to have his name removed from the petition. What is on each petition: Must contain attorney generals unique numeric identifier, title, summary and the proposed measures full text, and follow the form found in the code (Cal.Elec.Code 9008, 9009, 9012). Proponent organization and requirements: Primary sponsors file names with secretary of state, and a principal circulator is listed (Neb. Art. 901 and 1 M.R.S.A. 2, 9; Const. 4 1, Part 1(6B), (6C) and (6D). Art. Note that all but two of these statesMaryland and New Mexicoalso have the initiative process. 19-118; 19-121). These serve as the ballot title (MCA 13-27-312). They may also submit their own alternative ballot measure to the people if different but under the same subject area. Study with Quizlet and memorize flashcards containing terms like During the gold rush, white miners used nativism and racism to justify their violence against Native populations. Circulator requirements: U.S. citizens, 18 years of age or older and a resident of the state as determined by AS 15.05.020 (AS 15.45.335). Art. LXXIV, 2 and M.G.L.A. 116.153). 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. Verification: Verification method not specified, but "In considering the sufficiency of a referendum petition the burden of proving that all signatures appearing on the page are genuine and that the signers are qualified electors of the county named on the page and are in all respects entitled to sign the petition shall be upon the sponsors of the petition, if it is apparent beyond a reasonable doubt to the secretary of state that twenty percent or more of the signatures on any one page thereof are fictitious, forged or otherwise clouded, or that the challenged petitioners were ineligible to sign the petition, which fact was known or could have been ascertained by the exercise of reasonable diligence on the part of the person soliciting the signatures on that page" (NMSA 1-17-11). Petition title and summary creation: Original filing includes a summary written by sponsors; approved by attorney general (ORC 3519.01(B)). Timeline for collecting signatures: Signatures are valid for two years, but a petition can circulate indefinitely (F.S.A. Art. Rev. Proponent financial disclosure requirements: 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 (Ethics Commission rules 2.79 and 2.80). 165-014-0005 Designating the State and Local Initiative, Referendum, Referral and Recall Manuals and Forms (1) The Secretary of State designates the State Initiative and Referendum Manual revised 02/2022 and associated forms as the procedures and forms to be used for the state initiative and referendum process. III, 5(2)). Verification: The election commissioner or county clerk compares each signer's information to that of voter registration records to verify that they were registered voters when they signed and verify all other information (Neb. The state must essentially pick a point in time at which to capture a snapshot of the total number of registered voters. Art. CONST. Number of signatures required: 6% of total votes cast for the office of governor in the last general election (Const. Must be on good quality of paper in form and manner approved by the secretary of state (IC 34-1804). Public review or notice: At least seven public hearings are held on the propositions before circulation in designated regions. No amendment may change more than one section, no appropriations, and no local or special laws. There must also be a five-person committee of those who favor rejection, comprised of individuals appointed by the governor, attorney general, president of the senate and speaker of the housethe fifth member is appointed by the four previous members. 1051, 1052, 1052-A, 1053-B, 1054, 1054-A, 1055, 1055-A, 1056, 1056-A, 1056-B, 1057, 1058, 1059, 1060, 1062-A, 1062-B, Massachusetts: M.G.L.A. Art. 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). Collected in-person: Yes (N.R.S. 15% of the votes cast for governor in the preceding election in a majority of legislative districts is required to suspend operation of an act pending the election (Const. A post-election report is due by Jan. 7. Collected in-person: Yes (O.R.C. Circulator requirements: Can be out-of-state resident but must mark this on the affidavit. Art. Single subject rule: Yes (Const. Rule 2.79; Oklahoma Ethics Commission's Guide for Political Action Committees). Where to file: Secretary of state (Const. 250.025). Law 13-202). If statistical sampling shows that the number of valid signatures is between 95-110% of the number required, an examination and verification of signatures is conducted (Elec. Art. Art. Art. 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. II, 1(d)). Time limit may be shorter if circulation begins late, because signatures must be submitted no later than 40 days after the legislative session ends regardless of when signature gathering began (Utah Code 20A-7-306(1)). Art. General review of petition: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme court (F.S.A. Records must be kept of contributions and expenditures. Code Ann. Prov., Pt. 3, 5). Code 84202.3). If neither receives majority, the one receiving the most votes, if it receives more than one-third of the votes given for or against both, will appear at the next statewide election to be held not less than 60 days after the vote (M.R.S.A. Fiscal review: Governor's Office of Management and Budget conducts an estimate (U.C.A. Code 13-208 for statement of organization. 3; Const. VI, Subpt. Who creates petitions: Secretary of state (MCA 13-27-202). After translating an article, all tools except font up/font down will be disabled. Art. 116.110) to the simple crossing out of ones name in Idaho (I.C. III, 3 and MGL ch. 19, 3; N.R.S. What was the purpose of implementing referendum recall and initiative quizlet? 3, 3; NDCC, 16.1-01-09). V, 1(3)). In some states, the question is worded such that a yes vote is in favor of the law subject to referendum, while in others, a yes vote is in favor of repealing the law that is the subject of the referendum.