initiative referendum and recall are examples of quizlet

Const. 7-9-111). Timeline for collecting signatures: Not more than 24 months (A.R.S. Geographic distribution: 10% of the votes cast in the last general election in each of three-fourths of the counties, or 25% to suspend operation of the act until the operation (Const. Paid per signature: No ban found. Must have full text of the measure and names and addresses of the sponsors (NDCC Const. Accessible across all of today's devices: phones, tablets, and desktops. Verification: The secretary of state has 35 days to verify. All of the chief petitioners must sign the form to withdraw. Does the law in question take effect before the referendum vote: Suspended upon filing of petition signatures (Const. 3, 52(e) and Wyo. Other subject restrictions: Must contain only subjects that are related or mutually dependent. In 2002, NCSL published Initiative and Referendum in the 21st Century, an in-depth study on initiatives and referenda that includes recommendations for policymakers. General election, and must file by the May before the election the measure is to be voted on. Filing must include the description of the effect of the measure, the sponsor's name and signature (NRS 295.015). Application process information: Requires 25 or more must signatures as a sponsoring committee and present the complete measure to the secretary of state for approval, one of whom which must be designated as chairman of the sponsoring committee. 23-17-45). 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. Petitions must be filed not more than 60 days after the final adjournment of the legislative session which passed the bill on which the referendum is demanded. Art. Application process information: Application must be filed within 10 business days of the adjournment of the legislature on a form designated by the secretary (21-A MRS 901). 3, 52(f)). Signatures gathered in violation of these requirements are void (ARS 19-101(A)). 3, 4; Art. A simple statement of the gist of the proposition is printed at the top of each signature page (34 OS 3). $100; refunded if application is properly filed, Const. Const. Reports are monthly during election years and annually in nonelection years. 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. Const. Art. There are critics that disapprove of . The obligatory referendum was first adopted by the canton of rural Basel in 1863. 34-1802). Collected in-person: Yes, in the presence of the circulator (IC 34-1807). Application process information: Original draft of petition must be submitted to secretary of state before circulating, including a suggested popular name; secretary of state approves and certifies both or disproves and specifies each deficiency (NMSA 1-17-8). Prov., 3. Art. 902) concisely require the counting and verification of signatures, without detailed guidance. Art. 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. Art. Repeal or change restrictions: No veto by governor. 21 1). XVI, 3). Massachusetts, Ohio and Utah use this sort of process. Where to file: Lieutenant governor (Utah Code 20A-7-302). 295.009; 294A.150; 294A.220). IV, 1(10). Choose a language from the menu above to view a computer-translated version of this page. 19, 1). Timeline for taking effect: Thirty days after the election (Const. 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. LXXXI, 4). 1953 20A-11-101; 20A-11-801; 20A-11-802; 20A-11-803, Washington: RCWA 42.17A.005; 42.17A; 42.17A.205, Wyoming: W.S.1977 22-1-102; 22-24-201; 22-24-306, California: Cal.Elec.Code 9008, 9009, 9012, Florida: F.S.A. 19, 2). II, 9). Proponents must file reports of payments made to signature gatherers. Proponent organization and requirements: Lists of circulators and notaries who notarized the petition sections must be filed with the secretary of state. Evaluations done by lieutenant governor and Office of Legislative Research and General Counsel (U.C.A. Art. Four states require a filing fee in statute. Paid per signature: May be paid but not on number of petitions circulated or signatures obtained. 3599.03). Rev. 100.371), Ballot title and summary: Sponsor, approved by secretary of state, reviewed by attorney general (F.S.A. 3, 52). Art. A yes vote approves the referred act, and a no vote rejects it. Both the initiative and the referendum originated in Switzerland in the first half of the 19th century. 3519.02; 3501.381). III, 5(2)). 32-1401; 32-1405; 32-628; 32-1403, Nevada: N.R.S. Petition title and summary creation: Secretary of state (21-A MRS 901(4)). a vote on a measure so submitted. 168.472), Oklahoma (OK Const. 116.115). Code 107). They exist in a variety of forms. Constitution 48, Init., Pt. Art. III, 5(1) and MCA 13-27-301. Art. Const. Eight% of votes cast for the office of governor at last regular gubernatorial election prior to submission of the signatures for verification. Art. II, 1g; Art. Submission deadline of signatures: For direct constitutional amendments, a timeline beginning on Sept. 1 before the general election it is to be voted upon and ends on the third Tuesday of June of an even-numbered year. 19, 3; N.R.S. Amendments that propose a tax or fee not in place in November 1994 require a two-thirds vote to pass. 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. 19-121), Which election is a measure on: Next general election after filing (A.R.S. III, 52(a) and Mo.Rev.Stat. Reports of contributions and expenditures of $500 or more must be made within two days between the 25th day of the month before an election and the day of the election. St. 32-1408). 19, 3 and NRS 295.0575). Art. 2; 21 Okl.St.Ann. Must also file with the secretary of state not less than four months before the election at which initiatives are to be voted on. For indirect statutory initiatives, it is roughly 11 months and two weeks. Withdrawal of petition: Any time before the final submission of signatures, the delegated proponents may write to the secretary of state to withdraw (34 Okl.St.Ann. II, 1(d)). 1, Part 2). 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. 4, Pt. 295.009 with the secretary of state, and it may be amended pursuant to that statute (N.R.S. 32-1405.01). . If 110 % or more, the petition passes. 2, 9; M.C.L.A. Art. Time period restrictions before placed on the ballot: Signatures must be verified no later than Feb. 1 of the year of the general election (F.S.A. Pamphlet contains one-sentence statements describing the effect of a "yes" or "no" vote prepared jointly by the attorney general and the state secretary (M.G.L.A. If politicians are ignoring citizens' concerns, they can pass the law themselves 2. 100.371; 16.061). Who can sign the petition: Legal voters of the state of Oklahoma (34 Okl.St.Ann. XVI, 4). Arizona (Const. The secretary of state is prohibited by law from accepting for filing any referendum petition which interferes with the legislative prerogative contained in the Constitution of Nebraska that the necessary revenue of the state and its governmental subdivisions shall be raised by taxation in the manner as the legislature may direct. Repeal or change restrictions: The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters (Const. V, 1(6)). V, 3 and OK Stat. 2, 9). Const. Conflicting measures: Measure with the most affirmative votes prevails (OH Const. ), Payment on a per-signature basis prohibited. Fiscal review: Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures (O.R.C. Which election: Biennial general election (Const. Does the law in question take effect before the referendum vote: Not specified. Art. Prepared by state auditor, and proponents may submit proposed review. Art. Art II, 10 and Elec. MT CONST Art. Art. 168.544c). The legislature has four months to pass the bill in amended or unchanged form. XLVII , Pt. Art. The descriptive title, which is printed below the official title on the ballot, is written by the secretary of state with the approval of the attorney general (ARS 19-125). 100.371, 101.161; F.S.A. Pre-election statements must be filed 40 and 12 days before the election (Govt. Art. Art. 5% of the votes cast for governor at the preceding election; 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. If there are insufficient state funds and the measure does not provide a source, it is effective 45 days after next regular legislative session. Petitions must be submitted to counties for verification four weeks before this deadline (MCA 13-27-301). Who creates petitions: Petition filed by proponents is certified by attorney general, ballot board, and secretary of state (O.R.C. III, 3 and NDCC 16.1-01-09(2)). Number of signatures required: 5% of total votes cast for all candidates for governor in the last general election (Const. Art. Majority to pass: Yes (V.A.M.S. If paid, must also register with the secretary of state and take training program (O.R.S. Petition title and summary creation: Secretary of state (Wyo. The same title that was drafted for the petition also appears on the ballot (ORS 250.065). 116.100). One year after the petition is approved by the secretary of state for collection, and deadline of 120 days before the election it is to be voted upon. 15% of the total vote cast in the last election in at least of two-thirds of the counties. Timeline for taking effect: 10 days after the official declaration of the vote (Const. Repeal or change restrictions: Normal amendment referendum required. 907; Const. Additional statements for ballot measure committees are due April 30 and Oct. 31 (Govt. Const. Eighteen states require or provide for fiscal statements: Lieutenant governor provides a statement of costs. Question 3. Proponent financial disclosure requirements: Include but may not be limited to that proponent or opponent groups for a ballot proposition are considered political issue committees unless they meet certain criteria such as not expending more than $5,000, and political issue committees register and report financially (U.C.A. 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. 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. Semiannual statements of contributions and expenditures are due July 31 and January 31 (Govt. What is on each petition: Petition is addressed to the secretary of state and must contain for each petitioner a declaration that he is a qualified elector, address and date of signature. 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). II, 1g; Art. Proponent organization and requirements: Each proponent must certify that s/he is a US citizen, at least 18 years old, and a resident of California, and must provide public contact information (Const. 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. The same title drafted by the title board in the pre-qualification is used on the ballot. Not more than 5% of qualified electors, based on total number of votes cast for governor at last preceding gubernatorial elections. Who creates petitions: Secretary of state (MCA 13-27-202). Collected in-person: Each person must sign "in his own proper handwriting" (NMSA 1-17-1). Majority to pass: Sixty % majority required (F.S.A. 3, 18 and 21-A M.R.S.A. 101.161). II, 1b). Timeline for taking effect: July 1 after the official canvass (SDCL 2-1-12). Number of signatures required: For statute, 8 % of the total votes cast for governor in the last general election. Art. This is a device, used mostly in the United States at the state and local level, whereby voters may remove a public official from office before the expiration of his or her term. Allowed to pay another for their signature: Prohibited (NSR 295.300). Contributions of $1,000 or more must be reported within 48 hours after receipt. Utah: For indirect initiatives, the legislature may make technical changes only, and prepare a legislative review note and a legislative fiscal note on the law proposed by the initiative petition. 3, 4; Art. If the total signatures meet 90 to 100 % of the requirement, the clerk checks all of the signatures until 100 % is reached. Art. 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). Nine states (Arkansas, California, Missouri, Montana, North Dakota, Oklahoma, Oregon, Utah and Washington) also allow referenda on special election ballots. 19-111), Proponent organization and requirements: Must follow financial guidelines, including non-candidate committee to act as sponsor, designating chair and treasurer, sworn statements, spending reports, bank account established, quarterly and pre-election reports (A.R.S. What is on each petition: Sponsors create petitions pursuant to guidelines in statute. If petition is insufficient, sponsors have 30 days to solicit and obtain additional signatures, submit proof to show that rejected signatures are valid or make the petition more definite and certain. Art. Legislature reviews the measure as submitted to it by the proponents. Art. Which election is a measure on: For statutes, if not passed by the legislature within 40 days, then it is placed on the next general election's ballot. Collected in-person: Yes (NRS 32-630 and -1404). Pamphlet contains one-sentence statements describing the effect of a yes or no vote prepared jointly by the attorney general and the state secretary. XVI, 4 and Elec. Verification: County officials conduct raw count, and then a random sample is taken of 500 signatures or 3 % of each countys total for accuracy. The wording on the ballot must read: The legislature passed . If fiscal in nature, the attorney general orders the budget director to prepare. 901 and 1 M.R.S.A. Allowed to pay another for their signature: Prohibited (Utah Code 20A-7-312(3)). 12, 2). Art. Paid per signature: Previous ban overturned. Where to file: Secretary of state (OR CONST Art. hired children as a source of cheap labor. III, 3; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. Most states require that the petition bear a title and/or summary of the proposed measure. 15, 273; Miss. 5, 7). Number of signatures required: 10% of the total number of votes cast in the last general election; or 25% to suspend operation of the act until the election (Const. Const. Where to file: secretary of state (Const. 250.015; 250.052). Proponents must file reports of payments made to signature gatherers (IC 67-6612). Art. 74. Seventeen states do not provide for any limitation on attempting to repeat a specific measure: Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Maine, Michigan, Missouri, Montana, Nevada, Ohio, Oregon, South Dakota and Washington. 3, 18, 20. Art. Law 6-207(c)). Const. Const. Art. Art. Referendum. If the legislature does not enact the proposition, then proponents may collect the additional 5 % of signatures required to get the measure onto the ballot (U.C.A. (NDCC Const. The Law of direct democracy Book 2014 WorldCat. Art. 5, 1 and A.C.A. Monthly reports are due on the 10th for any preceding month in which total contributions received or total expenditures made exceed $200 (RCW 42.17A.235). ), Const. Which election: Next general election (Const. Code 9610). Const. 2, 3). Twenty-three states have a popular referendum process. In Missouri, signature requirements are based entirely on congressional districts. For direct constitutional amendments, a timeline beginning on Sept. 1 before the general election it is to be voted upon and ends on the third Tuesday of June of an even-numbered year. Art. IV, 1(3)). No statute found; used Term Limits Referendum (Nov. 1996) as a reference. Art. Attorney general drafts summary for ballot (A.C.A. Single subject rule: Yes (OR CONST Art. 295.009; 294A.150; 294A.220, North Dakota: NDCC, 16.1-08.1-02.4; 16.1-08.1-03.1; 16.1-08.1-03.2, Ohio: O.R.C. Amend. Code Ann. Subject restrictions: Acts that become effective earlier than 90 days after the end of the session are exempt from the referendum (Const. 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. Timeline for collecting signatures: Once the petition is approved and a serial number is issued, sponsors have until 5 p.m. on the 90th day after the legislature session adjourns. Number of signatures required: 5% of votes cast for all candidates for governor at the last gubernatorial election (Const. 101.161). II, 1(c)). 12, 2; M.C.L.A. III, 8). 1-40-108). To register as a paid circulator, in the past give years one cannot have been convicted of a crime involving fraud, forgery or identification theft in any state or be subject to a civil penalty due to an election offense. If 20 % or more of signatures on any part are invalid, then the burden to prove the rest are valid falls on the sponsors (Ark. Any proposed law can, with sufficient backing, be put on the ballot in an election. 2, Oregon: O.R.S. 1953 20A-7-202). 116.332). Petition title and summary creation: Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state (NMSA 1-17-9). Art. Between 90 and 110 %, every signature is verified (C.R.S.A. Art. Where to file: Secretary of state (Const. Time period restrictions before placed on the ballot: If sufficiency is being reviewed at the time the ballot is being prepared, the measure shall be placed on the ballot and no subsequent decision shall invalidate it if it is approved by a majority of voters (Const. St. 32-1405). 3, 20), Verification: Certified by the registrar (21-A M.R.S.A. II, 9, a law that is the subject of the referendum continues to be effective until the referendum is properly invoked, which occurs when the board of state canvassers makes its official declaration of the sufficiency of the referendum petition (MCL 168.477(2)). 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). Const. There are exceptions, such as in Mississippi, where someone can withdraw a signature if it was signed as a result of fraud, coercion, or being intentional mislead as to the substance or effect of the petition (Miss. Circulator oaths or affidavits: Yes (M.C.L.A. The official title of the bill that is subject to the referendum appears on the ballot. If more than one-third but less than the full number of the signatures required is submitted by June 1, the time for the law to take effect and the time for the filing of the remaining required signatures is extended to June 30 (Const. 116.025). 1. 48, Init., Pt. Const. Application process information: Not available in statute. Legislature or other government official review: Attorney general prepares explanatory statements. 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). Withdrawal process of individual signature: Any signer may remove their signature at any time before the petition is filed by striking it out on the petition (ORC 3501.38(H)). Const. Amend. Const. Where to file with: Secretary of states office and attorney general (AR Const. initiative referendum and recall are examples of quizlet . The ballot initiative, a form of direct democracy, is the process through which citizens exercise the power to place measures otherwise considered by state legislatures or local governments on statewide and local ballots for a public vote. A "simple statement of the gist of the measure," drafted by sponsors, is printed at the top of the petition (34 OS 3). Who can sign the petition: Qualified voters (Const. 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. Paid per signature: Yes, and reporting is required (21-A MRS 903-A(5)). Art. Proponent financial disclosure requirements: Include but may not be limited to filing about the use of paid circulators and filing reports (MCA 13-27-112; 13-27-113). 6, Sec. Governor may call a special statewide election for the measure (Cal.Const. 74). III, 3). Timeline for taking effect: The date of the official declaration of the vote thereon by proclamation of the governor, but not later than thirty days after the vote has been canvassed (Const. 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). 3, 52), Ballot title and summary: Secretary of state, approved by attorney general (V.A.M.S. 3, Sec. 24, 1). 7-9-111). 2 with the secretary of state (34 Okl.St.Ann. Const. No appropriations or other new revenues not provided for in the measure. Art. For amendments, unless specified otherwise, July 1 following approval (MCA 13-27-105; MT CONST Art. Number of signatures required: 4% of the votes cast for all candidates for governor at the last election (Const. Art. 15, 273). IV, 1(3)). If attorney general does not approve the statement, he or she prepares one. 5, 1). 15, 273). Unlimited, but if number of filed signatures is deemed insufficient, sponsors have 30 days to collect more. Verification: Sampling method that must include at least 10 % of signatures or more than 5,010 signatures, whichever is greater. Art. Art. Repeal or change restrictions: No veto from governor, and legislature may pass statutes normally (V.A.M.S. An act that was suspended by a petition and is approved by the people is effective the date the result of the canvass is filed by the secretary of state (MCA 13-27-105(3)). Circulation may begin once the attorney general has drafted a circulating title and summary; petition must be submitted within 90 days after the enactment date of the statute. 295.056. May not repeal/modify the state's Bill of Rights, amend/repeal provisions relating to the state's public employees' retirement system, amend/repeal right-to-work provision or modify the initiative process, and special rules if includes expenditures. 7-9-105). And arguments for and against are prepared by committees with members appointed first by the secretary of state, the senate's presiding office and the house's presiding officer (RCWA 29A.32.040; 29A.32.060). Art. 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. In Maine, Oklahoma and Utah, the law includes additional requirements to those governing conflicting measures: In Alaska, if the lieutenant governor and the attorney general determine an act of the legislature is the same as the proposed measure, then the citizen initiative is voided (AS 15.45.210). Allowed to pay another for their signature: Prohibited (ORC 3599.13 and .14). 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 January 31 of the year following the election (NDCC 16.1-08.1-02 and -03). Art. 19, 2; N.R.S. Art. Proponent financial disclosure requirements: Include but are not limited to regular reports filed with Ethics Commission, deadlines for filing, dollar amounts to report, dollar limits on contribution amounts, and no donations from PACs or anonymous contributors (A.C.A. 3, 50; V.A.M.S. 250.125). 116.090). Art. Where to file with: Legislative Research Council, attorney general and secretary of state (SDCL 12-13-25.1; 12-13-26). To share with more than one person, separate addresses with a comma. Constitution 48, Init., Pt. 19-101(A), Maryland: Const. VI, Subpt. Reports are due 30 days before the election, one week before the election, 105 days after a special election and on February 15 for all contributions and expenditures not already reported. State Board of Elections (Note: the board is empowered to adopt rules for filing applications, so presumably such applications are filed with the board. Art. Who can sign the petition: Electors of the state (Const. Application process information: Proponents prepare ballot statements and file them (MCA 13-27-202; 13-27-312). 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. States may have the direct initiative, the indirect initiative or the choice of either. Art. 4, Pt. 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. Reports of contributions and expenditures are due on a quarterly basis. 34-1802). Proponent financial disclosure requirements: Include but are not limited to being considered a political committee, appointing a treasurer, filing with the secretary of state, filing regular reports with specific donor information, and may receive unlimited funds (I.C. II, 1b; O.R.C. Where to file with: Secretary of state (NDCC Const. Art. Attorney general writes title and summary if original is challenged in court (F.S.A. Proponent financial disclosure requirements: A ballot question committee includes any person, located within or outside Arkansas, who receives contributions or makes expenditures for the purpose of expressly advocating the qualification, disqualification, passage or defeat of any ballot measure. Which election: Next statewide or general election, whichever comes first, that is not less than 60 days after the petition is submitted (Const. Select a State with Popular Referenda to Learn More. 1953 20A-7-202.5). (Const. 11 5). Must be on good quality of paper in form and manner approved by the secretary of state (IC 34-1804). Art. 2, 3), Who creates petitions: Secretary of state (M.G.L.A. Art. 32-1405). Where to file: Secretary of state (Const. Electronic reports of contributions and expenditures must be filed according to a specified schedule. Prepared by the secretary of state, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau. Bill No. 3, 53). Must include the signatures of at least 1,000 electors and not more than 2,000. 3519.01). Art. Art. Proponents write title. Must be submitted by September, then December, and then possibly July (M.G.L.A. Art. Every state requires or offers some type of review in addition to fiscal statements. 187; Okl.St.Ann. For amendments, 10% of total qualified electors of the state.