initiative referendum and recall are examples of quizlet

Withdrawal process of individual signature: Yes, before May 15, signer submits request to county clerk (U.C.A. The results of the vote are then implemented by majority vote. 3, 52(e) and Wyo. Collected in-person: Yes (N.R.S. Arizona (Const. Any proposed law can, with sufficient backing, be put on the ballot in an election. 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. III, 2). Withdrawal process of individual signature: Signatures may be withdrawn up to the time of submission of the petition. 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. Types Allowed: Direct initiative for statutes and constitutional amendments, and popular referendum, Single subject rule: Yes (MT CONST Art. The secretary assigns an official serial number to the petition and assigns numbers to petitions in numerical sequence (ARS 19-111). Code Ann. 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. Amend. Art. 48, Init., Pt. Recall. The legislature has four months to pass the bill in amended or unchanged form. It is unclear whether the following language in Nevada applies to popular referenda (provisions for which are included in the relevant article), or only to initiatives: This Article does not permit the proposal of any statute or statutory amendment which makes an appropriation or otherwise requires the expenditure of money, unless such statute or amendment also imposes a sufficient tax, not prohibited by the Constitution, or otherwise constitutionally provides for raising the necessary revenue.. Contributions of $1,000 or more must be reported within 48 hours after receipt (IC 67-6607). Art. Wyoming: Const. Conflicting measures: Measure with greatest number of affirmative votes is enacted, although the entire competing measure might not be superseded (>I.C. 3, 5). Art. Art. II, 1a; 1b). 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. III, 3; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. The legislature may submit a competing measure to the ballot (M.G.L.A. II, 1g). Six states do not require fiscal statements: Arkansas, Idaho, Illinois, Michigan, Nebraska and Oklahoma. Legislature or other government official review: Reviews done by attorney general and legislative services division. 6), Collected in-person: Yes (34 Okl.St.Ann. Circulator oaths or affidavit required: Yes (Wyo. 168.544c). Art. For indirect statutory initiatives, roughly 11 months and two weeks (N.R.S. 19-119). Const. Find and create gamified quizzes, lessons, presentations, and flashcards for students, employees, and everyone else. 168.482; 168.544c). 1-40-102, 1-40-105, 1-40-106). 48, Init., Pt. 2, 10; N.R.S. Collected in-person: Yes (Neb. This ensures that measures will not be passed by a small minority of voters, either because of a low turnout or ballot-drop off (where voters only vote partway through a ballot). 54 53). The most common requirements: that they be at least 18 years old, a citizen, a registered voter and/or a resident of the state. 250.062). 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). Art. Circulator oaths or affidavit required: Yes (Const. Art. Timeline for taking effect: Becomes effective 30 days after the day it is approved by a majority of votes (Const. Time period restrictions before placed on the ballot: Certified ballot title is due at least 65 days before the election. 15, 273). For direct initiatives, signatures must be submitted by April 15 immediately before the next general election (U.C.A. In 1921 the voters of North Dakota removed from office the governor, attorney general, and commissioner of agriculture. Art. Const. 1953 20A-6-106; 20A-7-206). Utah: The governor must decide that two measures are in conflict (U.C.A. Art. Submission deadline of signatures: 18 months (W.S.1977 22-24-315). In every state, a constitutional amendment requires a vote of approval. 48). Code 9050). 3519.01). Single subject rule: Yes (N.R.S. 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. 8; 17). 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. What is on each petition: The format of the petition may be submitted to the chief election official of the appropriate election authority, in advance of filing the petition, for a determination of its sufficiency (Elec. Collected in-person: Yes (MCL 168.482a(5)).. Withdrawal process of individual signature: Not specified. 14, 3), Who can sign the petition: Registered Illinois voters (ILCS Const. Massachusetts (M.G.L.A. art. Art. Art. 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. Art. Must be submitted by September, then December, and then possibly July (M.G.L.A. Art. Who can sign the petition: Registered electors of the state (M.C.L.A. Recall. Who creates petitions: Sponsors (A.C.A. II, 1b; Art. 19, 2; American Civil Liberties Union of Nevada v. Loma [2006]; N.R.S. Verification: The secretary of state has 35 days to verify. 2, 9; Const. 34, 1, Const. No registered sex offender may circulate a petition unless the person is in the employ of and under the immediate supervision of another person and under circumstances which preclude any contact with children. 32-1405). Const. Arizona. Art. Currently, for constitutional amendments signatures must be gathered from at least 2 % of the total registered electors in each state senate district (C.R.S.A. Less than 95 % accurate fails the petition, greater than 110 % qualifies, and between requires a check of every signature (Cal.Elec.Code 9030, 9031, 9033; Cal.Admin.Code 20530, 20531, 20532, 2054). Must file measure's full text and three designated sponsors who are Wyoming voters to act as official sponsors of the campaign. Art. Details on who or which offices write the title and summary are listed below: Cal.Const. Art. Code 84200). Art. In the U.S., the terms initiative and referendum refer to processes that allow citizens of states to vote on particular pieces of legislation.. 295.056). 4, 1, Pt. For constitutional amendments, 10 % of votes cast for governor in last election (Ne.Rev.St. 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. Const. Timeline for collecting signatures: Signatures may be signed at any time after an act is passed (Const. Must submit full text and title, and statement as to the use or not of paid circulators (U.C.A. 34-1809). Const. Types allowed: Indirect initiative for constitutional amendments, NOTE:In 2021, the Mississippi Supreme Court. IV, 1). III, 52(b)). II, 1g; O.R.C. Illinois requires either 60 percent of those voting on the amendment itself or a majority of those voting in the election as a whole (ILCS Const. 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. Fourteen states do not have any process for withdrawal: Alaska, Arizona, Florida, Idaho, Maine, Massachusetts, Michigan, Mississippi, Montana, Nebraska, North Dakota, Utah, Washington and Wyoming. 2, 3. Art. The measure can be amended by a three-fourths vote in a joint session. Art. 3, 52(e) and Wyo. 1-40-108). Which election: Biennial general election (Const. Who can sign the petition: Legal voters, 18 years old, resident (U.C.A. And requires full disclosure of campaign staffers (21-A MRSA 1051 et. Code Ann. Colorado. Chapter 1 Part 1 Flashcards | Quizlet Const. 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. 5, 57; Art. Who can sign the petition: Electors of the state (Const. II, 1c). Reports of contributions and expenditures are due by the 15th of every April and October. 14, 11). When people get a lot of signatures to get on the ballot and be voted on by citizens for a change in an old law or for the making of a new law. Illinois: For accuracy and fairness, the attorney general may rewrite arguments for or against prepared by legislature. For constitutional amendments, 8% of total votes cast for all candidates for governor in last general election. Art. Timeline for taking effect: Thirty days after the election unless otherwise provided in the act. Withdrawal process of individual signature: Must do before submitted to secretary of state (NDCC, 16.1-01-09). Amend. Initiatives, Referenda and Recall - Green Party of California Art. Majority to pass: Yes, except two-thirds majority is need in the case of laws changing rules regarding the taking of (U.C.A. Attorney general writes title and summary if original is challenged in court (F.S.A. II, 9 and Mich. Comp. Initiative, Referendum and Recall | Arizona Secretary of State - AZ SOS Records must be kept of contributions and expenditures. . Where to file with: Secretary of state (Neb. Subject restrictions: Prohibited subject areas include general appropriation laws; laws providing for the preservation of the public peace, health or safety; for the payment of the public debt or interest thereon, or the creation or funding of the same, except as in this constitution otherwise provided; for the maintenance of the public schools or state institutions, and local or special laws (Const. 100.371, 106.03; Rule 1S-2.009). Art. Pre-election statements must be filed 40 and 12 days before the election. Art. Legislature or other government official review: The chief petitioner may amend the initiative without having to re-submit if the attorney general reviews the changes and certifies that it does not change it substantially (O.R.S. 34-1803B). States may have the direct initiative, the indirect initiative or the choice of either. For indirect initiatives, about nine months (proposed measure submitted within 10 months of the session it is to be submitted at with a deadline of 10 days before the session). Submission deadline for signatures: Not more than 90 days after the end of the session at which the act was passed (Const. II, 1(c)). Circulator requirements: 18 years of age and a US citizen; nonresidents may be circulators but must check a box on the petition disclosing this (MCL 168.544c). Subject restrictions: The following language applies to initiatives and may apply to referenda, This Article does not permit the proposal of any statute or statutory amendment which makes an appropriation or otherwise requires the expenditure of money, unless such statute or amendment also imposes a sufficient tax, not prohibited by the Constitution, or otherwise constitutionally provides for raising the necessary revenue" (Const. In an example we calculated the variance and standard deviation for Location 1 of Gilotti's Pizzeria restaurants. Allowed to pay another for their signature: Prohibited (U.C.A. 116.080). And many states include some type of public review or notice of proposed measures, as well. Secretary of state and attorney general jointly make a more descriptive ballot question summary to be sent to voters. 48, Gen. Director of the Legislative Research Council prepares a fiscal note as requested. Other subject restrictions: Amendments that propose a tax or fee not in place in November 1994 require a two-thirds vote to pass (F.S.A. It may be placed on a ballot and legislature has the right to place an opposing proposal on the ballot if they choose that they Summary of initiative, referendum and recall processes. Referendum and initiative | Definition, Forms, History, & Facts Subject restrictions: Such laws as may be necessary for the immediate preservation of the public peace, health, safety or support of the state government and its existing public institutions are not subject to referendum (Const. To re-enable the tools or to convert back to English, click "view original" on the Google Translate toolbar. Arkansas. Sponsors submit full petition to title board for review (CRS 1-40-105). Law 6-204). 1953 20A-7-205). 169.234; 169.247). II, 1g; Art. XVI, 5(b)). Criminal background check done for paid circulators with additional restrictions. South Dakota: The Legislative Research Council provides written comments to the attorney general (SDCL 12-13-25; 12-13-25.1). Submission deadline of signatures: 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 (MT CONST Art. Allowed to pay another for their signature: Prohibited (A.C.A. Citizens come up with and vote on their own laws Pros: 1. For direct initiatives, 10 % of the cumulative total of all votes cast for U.S. president. 1-40-106 and 1-40-107). 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. 12, 2). To make it more difficult to place initiatives on the ballot and to ensure initiatives do not represent just the interests of heavily populated areas, some states have created a requirement that signatures be gathered from across the state. Vote requirement for passage: Majority (SDCL 2-1-12). II, 1g; O.R.C. b. actions at New England town meetings. Timeline for taking effect: July 1 after the official canvass (SDCL 2-1-12). The lieutenant governor has seven calendar days after receiving the application to certify or deny it (AS 15.45.300). Progressive Era Reforms - Students of History Proponents are required to ensure that all circulators receive instruction on the requirements and prohibitions imposed by state law with respect to signature gathering (Elec. 116.120). 19-121.01); California (Elections Code 9030); and Colorado (C.R.S. Number of signatures required: Eight % of the total number of legal voters for statutes. Art. Verification: Secretary of state verifies with help of county clerks. Art. Art. 106.19, 100.371, 120.54), Who creates petitions: Approved by secretary of state (F.S.A. ", Miss. IV, pt. Art. During the 14 days before the election, reports of any communication exceeding $5,000 in the aggregate are due within one business day (Rule 2.109). Art. Who creates petitions: Unclear who actually creates the petition, but it must be created according to a form prescribed by the secretary of state (NDCC 16.1-01-09). Subject restrictions: May not be used for laws necessary for the immediate preservation of the public peace, health or safety, and laws making appropriations for the current expenses of the state government, for the maintenance of state institutions and for the support of public schools (Const. Repeal or change restrictions: None (Const. Paid per signature: Prohibited (MCA 13-27-102). 5, 1). II, 1g). Petition title and summary creation: Attorney general (Elec. 250.045). Allowed to pay another for their signature: May not use "any fraudulent means, method, trick, device or artifice to obtain signatures on a petition" (A.R.S. Subject restrictions: None (Const. 100.371). A referendum is a question that appears on a ballot that voters can answer in order to voice their opinion on a particular issue. Attorney general prepares explanatory statements. Direct democracy Simple English the free. 54 53). Art. Art. The legislature has 40 days to pass the unchanged initiative. Petitions must be submitted within 90 days after the law is filed by the governor in the office of the secretary of state. 250.045). Seventeen states have at least one government official draft or review the petition title and/or summary, while proponents draft this language in nine states. (Const. Art. States with initiative or referendum - Ballotpedia Prepared by the Financial Impact Estimating Conference. Art. Const. After the hearings, the proponents and Governor's Office of Management and Budget may revise (U.C.A. 3, 18, 20. Allowed to pay another for their signature: Prohibited (RCW 29A.84.250). 116.320). Art. Some of the states also require signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional. N.R.S. Then, the legislature rejects or accepts the proposition unchanged. Art. II, 1(c)). V, 3). What is on each petition: There is very little in statute relating to petition contents or format. 1953 20A-7-212). Ten states allow the legislature to alter or change measures without any time limits or supermajority requirements: Seven states have supermajority requirements for changing a measure (the other states require only a regular majority, although some enforce a time period). 295.055; 295.009). Withdrawal of petition: The sponsor may file a written notice to withdraw the initiative with the secretary of state (V.A.M.S. 4, Pt. Paid per signature: Prohibited (Const. Art. The same ballot title and popular name that appeared on petitions (drafted by sponsors) is submitted by the secretary of state to the board of canvassers for certification. VI, Subpt. III, 4). General review of petition: The secretary of state will furnish ballot statements explaining the effects of a no or yes vote for the measure, which will include whether it will increase, decrease or maintain taxes (V.A.M.S. Art. 21 1; CV160314-SA), Montana (MT CONST Art. 22-24-402. 1953 20A-7-205). Several states require two officials to write or review the title and/or summary, given the importance of these items for a ballot measure. II, 1g; Art. Such statement shall in clear and concise language explain the effect of a vote for and against the measure in such language that the statement will not be intentionally an argument or likely to create prejudice, either for or against the measure (NRS 32-1410(2)). LXXXI, 4). 1953 20A-7-207; 20A-7-209; 20A-6-107. General review of petition: None other found. Const. Petition title and summary creation: Sponsors draft title (Const. Who creates petitions: Secretary of state prepares an official template for the cover sheet and signature sheets for each petition (ORS 250.052). ; The referendum process allows citizens to refer a law that passed the legislature to the ballot for voters to decide whether to uphold or repeal the law. Number of signatures required: 10% of the total vote for governor cast in the last election (Const. Rule 2.36; Okl.St.Ann. VI, Subpt. Rev. Const. Ballot title and summary: Submitted to Board of Election Commissioners and then certified to the secretary of state (Ark. Ballot title and summary: Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state (NMSA 1-17-9). 168.487). Which election: Next general election (Const. . 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). 3, 2). 3, 1 and SDCL 2-1-5). XI, 5 and AS 15.45.410). 3501.38; 3519.05). Art. Use the data in the data file Gilotti's Pizzeria to find the variance and the standard deviation for Location 2, Location 3, and Location 4. Majority to pass: Yes (OH Const. XVI, 5(b) and Elec. Withdrawal process of individual signature: The person must file a sworn statement with the secretary of state any time before the petition is filed (V.A.M.S. L-04, 2011 WL 1130010 (July 5, 2011). What is on each petition: Petition must include a short title of 20 words or less, a summary and the text of the measure. Verification: County officials conduct raw count, and then a random sample is taken of 500 signatures or 3 % of each countys total for accuracy. 48, Init., Pt. Proponent financial disclosure requirements: Include but may not be limited to statewide ballot question committee must file pre-primary, pre-general, year-end and, if applicable, supplemental report and amendments (SDCL 12-27-22; SDCL 12-27-3). 21 1). Const. Denial of certification shall be subject to judicial review (Const. Art. 19-121. II, 1a; 1b; 1g; O.R.C. Resource Initiative and Referendum Overview and Resources Petitions must be filed within 90 days after the legislative session at which the law was passed adjourns either sine die or for more than 90 days. May remove no later than 120 days prior to the next general election. 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. Const. Other subject restrictions: May only amend structural and procedural subjects contained in Article IV (ILCS Const. Submission deadline of signatures: 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. Code 9014. ), Payment on a per-signature basis prohibited. Repeal or change restrictions: Two-thirds vote is required to amend or repeal a measure approved by a vote of the people (Cont. 3, 4). Who creates petitions: Secretary of state (Neb.Rev.St. 2, 3). 250.105). Const. Stat. First 10 signatures must be turned in by the first Wednesday of the September before the assembling of the general court . Campaign statements must be filed by the 11th day before the election, the thirtieth day after the election, April 25 and July 25 every year, Oct. 25 in odd-numbered years. Next general election at least 31 days after the measure qualifies or at a special statewide election held prior to that general election; the governor may call a special statewide election for the measure. Who creates petitions: Secretary of state designs the petition and the division of elections issues the actual petition to proponents (M.R.S.A. Art. XLVII, Pt. General review of petition: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme court (F.S.A. A.R.S. Biennial regular general election, with submission deadline three months and three weeks prior to election. 3, 1 and Const. Const. III, 4). Amend. Groups must file reports detailing contributions received in excess of $100 in the aggregate and all contributions and expenditures made by the group (AS 15.13.040(b)). II, 9). 7-9-404; 406; 407; 408; 409). Timeline for collecting signatures: Within 316 days after the day on which the application is filed,within 30 days after the day on which the first individual signs the initiative packet or the April 15 immediately before the next regular general election immediately after the application is filed (U.C.A. Initiative, Referendum and Recall are three powers reserved to the voters to enable them, by petition, to propose or repeal legislation or to remove an elected official from office.. Pursuant to state law (A.R.S. II, 1c and 1g; ORC 3519.16(F). Art. States may apply a single-subject rule or other restrictions. 12, 2; M.C.L.A. Allowed to pay another for their signature: Prohibited (O.R.C. Collected in-person: In the circulator's presence (V.A.M.S. Which election is a measure on: At general elections, except when a special election is ordered by the legislature (V.A.M.S. St. 32-630 and -1404), Nevada (N.R.S. II, 1(d) and RCW 29A.72.030 and .160). Withdrawal of petition: May remove no later than 120 days prior to the next general election (SDCL 2-1-2.3). Const. Geographic distribution: No more than one-quarter of signatures may come from a single county (M.G.L.A. Withdrawal process of individual signature: May not remove after official submission of petitions (O.R.S. Where to file: Secretary of state (Const. 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. V, 1), Collected in-person: Yes (A.C.A. Prior to receiving a contribution or making an expenditure, a campaign must designate a treasurer by filing with the secretary of state. Florida. Const. III, 5(1)). Timeline for collecting signatures: Not more than 24 months (A.R.S. XI, 3 and AS 15.45.320(5)). Art. Petition title and summary creation: Secretary of the commonwealth drafts a fair, concise summary that appears on petitions and on the ballot (Const. Nine states require filing an initial number of signatures of sponsors as part of an application to circulate a popular referendum petition. General assembly members opposing the amendment may prepare or designate others to prepare a brief argument against such amendment, submitted to attorney general (5 ILCS 20/2). Code 9014). The Progressive Era Pt. 1 Flashcards | Quizlet Does the law in question take effect before the referendum vote: Not automatically, though the law can be suspended with a higher signature threshold and an earlier submission deadline25% of the total vote cast in the last election, including 25% of the votes cast in each of 3/4 of the counties, submitted no later than 90 days after the adjournment of the legislative session (Const. Must file quarterly reports. Recall. 6, 22), Washington (RCWA Const. A petition may only be rejected if two different sampling processes determine it does not have sufficient signatures. Submission deadline of signatures: For direct initiatives, April 15 immediately before the next general election (U.C.A. Code Ann. The requirements for an election with statewide ballot measures vary greatly by state. What is on each petition: Petition must include full and correct title and text of the law (Const. Registration must include the circulator's full name, residence address, phone number and email address; the petition for which the circulator will gather signatures; a statement that the circulator consents to the jurisdiction of the courts of Arizona in resolving any disputes concerning the circulation of petitions by the circulator; the address of the committee in Arizona for whom the circulator works and will accept service of process related to disputes; a notarized affidavit by the circulator (ARS 16-118).

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