III, 3). 19, 2; Art. Legislature or other government official review: Attorney general aids summary (21-A M.R.S.A. III, 4 and NRS 32-1414). Petition sponsors may not gather signatures without first forming a ballot issue committee (Elec. Art II, 10 and Elec. Proponent financial disclosure requirements: There is a principal circulator whose information is publicly available upon request (NRS 32-1406). Petition title and summary creation: Secretary of the commonwealth drafts a fair, concise summary that appears on petitions and on the ballot (Const. Next state election, and depending on type, must be submitted by September, then December, and then possibly July (see deadlines and timelines topic). Submission deadline for signatures: Ninety days after the law is filed by the governor in the office of the secretary of state (Const. Who can sign the petition: Qualified electors and every person who is a qualified voter (Const. Art. 295.0575), Allowed to pay another for their signature: Prohibited (N.R.S. For direct initiatives, signatures must be submitted by April 15 immediately before the next general election (U.C.A. 19-121), Ballot title and summary: Secretary of state, approved by attorney general (A.R.S. 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. No veto by governor for either measure passed by voters or legislature (M.C.L.A. Cure period for insufficient signatures: None. Petitions must be submitted not more than 90 days after the law which is the subject of the petition has become law. IV, pt. Where to file: Secretary of state (OR CONST Art. Art. Art. Const. Public review or notice: Secretary of state prepares and distributes voter pamphlets to each household in the state and other locations (RCWA 29A.32.010; 29A.32.031; 29A.32.040; 29A.32.070; 29A.32.080). 3519.22. 4, 1, Pt. 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. Verification: Not specified: "The Secretary of State shall determine the validity of the petition and issue a written decision stating the reasons for the decision within 30 days from the date of filing of a written petition." 7-9-601; A.C.A. 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706). What is on each petition: Petition format is addressed in Mo.Rev.Stat. Ballot title and summary: Attorney general (Cal.Elec.Code 9004), Time period restrictions before placed on the ballot: At least 131 days prior to next general election it is to be voted on (Cal.Elec.Code 9016; Cal.Const. 3, 52(b) and Wyo. Art. Const. 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). 11 1 and 5). *While the Colorado residency requirement for circulators was struck down in Independence Institute v. Gessler, the court upheld the requirement that a circulator present to the notary a specific type of identification. Subject restrictions: Laws necessary for the immediate preservation of the public peace, health, or safety are excluded (Const. Submission deadline for signatures: June 1 (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. 3519.03; 3519.01; 3519.062). One year for collection and must address written petition to the legislature. Next succeeding election at which the question may be voted upon by the voters of the entire state. II, 1 (b) and RCW 29A. Subject restrictions: Acts making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act are not subject to referendum (Const. 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). Art. Fifteen% of total ballots cast in previous general election. Ballot title and summary: Attorney general (Elec. II, 1b). 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. Art. 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206). 5, 1). III, 52(a) and Mo.Rev.Stat. 2, 3). Two states require supermajorities for laws that seek to alter specific topics. III, 2; Art. Art. Proponent organization and requirements: Original filing must include the names, addresses and signatures of at least 25 electors as sponsors (Const. If they refuse, the measure is declared insufficient and does not appear on the ballot (A.C.A. Geographic distribution: 3% of total votes cast for the office of governor from at least 15 counties (Const. If a congressional district has 90 % of the needed valid signatures, the petition fails in that district. Code 9607). Stat. Art. Timeline for collecting signatures: Petitions carried by paid circulators must be filed on a monthly basis (ORS 250.105). 250.015; 250.052). Circulator oaths or affidavit required: Yes (Const. Art. Code 82013, 84101, 84107, 84200, 84200.8, 84202.3 and Elec. Must include a warning about unlawful signing, a circulator affidavit and a notification as to whether the circulator is paid or volunteer. 4, Pt. Constitution 48, Init., Pt. Const. 2, 1). Who creates petitions: Secretary of state creates a sample petition and then the petition is reviewed by the attorney general (V.A.M.S. 3501.38). 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. Art. Collected in-person: Yes, In-person (21-A MRS 902). Repeal or change restrictions: The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters (Const. If statute petition is passed by the legislature, then it is subject to the referendum. II, 1b and 1g; O.R.C. Code 84202.3). IV, 1(4)). 250.105). 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 (RCW 42.17A.260). Either way, the measure is put before the people (MS Const. 1953 20A-1-201; 20A-1-203; 20A-7-206). Collected in-person: Yes (A.R.S. Const. Art. Timeline for taking effect: An act rejected by referendum is void 30 days after certification. II, 1g and ORC 3519.01). Rule 2.36; Okl.St.Ann. 8). 116.110) to the simple crossing out of ones name in Idaho (I.C. Must include the language "a committee for/against Proposition __" in any reference to the committee required by law (Govt. Art. Art. Amend. Who creates petitions: Secretary of state (Wyo. 903-C). 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). Initiative, Referendum, and Recall Applications for the 2024 Election Cycle. Fiscal review: Prepared by legislative council (CRS 1-40-105.5). Art. States vary a great deal in how they verify collected signatures. Must be on good quality of paper in form and manner approved by the secretary of state (IC 34-1804). Art. Const. IV, 1 and NMSA 1-17-1). Proponent organization and requirements: One designee will serve for official notices and statement of organization (V.A.M.S. 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. Withdrawal process of individual signature: Secretary of state verifies the signatures for total number and from two-thirds of the counties (W.S.1977 22-24-316). 293.1276 to 293.1279). Art. 295.009). Art. Petition title and summary creation: Attorney general drafts ballot titles and certifies statements (O.R.S. Art. Secretary of the commonwealth and attorney general jointly. Where to file: Lieutenant governor (Utah Code 20A-7-302). Const. M.C.L.A. 3, 3; NDCC, 16.1-01-09). General election unless the legislature orders a special election. 23-17-43. 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). 14, 9). Application process information: Any legal voter of the state may file with the secretary of state a legible copy of the part of such act on which a referendum is desired, an affidavit that the sponsor is a registered voter and a filing fee in an amount to be established by the secretary of state (RCW 29A.72.010). 168.482; 168.544c). (Const. Art. 11 5). 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. 100.371, 101.161; F.S.A. Repeal or change restrictions: No veto from governor, and legislature may pass statutes normally (V.A.M.S. And no measure that names an individual to hold office or names private corporation to perform any function (Cal.Const.
What Is A Recall, Referendum And Initiative? - ElectionBuddy States may limit the subject matter of ballot measures. 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). IV, pt. 3, 52). Twenty-four states have citizen initiative processes. Vote requirement for passage: Majority (Const. 19, 3; Art. 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. "Direct Democracy" in California. The use of the device gained momentum with the emergence of groups concerned with specific issues such as civil rights, abortion, capital punishment, nuclear power, tax policies, handgun control, and the environment. Art. Conflicting measures: Measure with the most affirmative votes prevails (OH Const. Stat. 12, 2), Collected in-person: In the presence of the circulator (M.C.L.A. 130.110; 130.120; 130.029; 130.046; 130.041, Nevada: N.R.S. Art. 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" (M.C.L.A. IDEA. For direct measures, four months from the election (RCWA 29A.72.030). Arizona: A.R.S. In some states, the legislature or governor may order a special election for a measure. Submission deadline for signatures: Must be filed within 90 days of when the applicable legislative session adjourns sine die (AZ Const. Proponent organization and requirements: Not specified. Oklahoma: 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. Repeal or change restrictions: Two-thirds vote required to amend or repeal, and governor may not veto (Ne.Rev.St. 22-24-407. Cannot have been found guilty of a criminal felony or a violation of election laws, fraud, forgery or identification theft, Cannot have been convicted of or pled guilty to crimes involving forgery. Code 9001, $2,000; refunded if measure qualifies for the ballot within two years. 905-A; M.R.S.A. The states vary in the number and the baseline used to determine the number of signatures required. Several states have or had statutory bans on paying circulators either per signature or in general. XVI, 3). Who creates petitions: Secretary of state prepares a sample petition (MCA 13-27-202 and -205). If fiscal in nature, the attorney general orders the budget director to prepare. Who can sign the petition: Any registered voter of Missouri, but each petition page can contain only signatures from one county (Mo.Rev.Stat. Const. List of the Pros of Referendums. Massachusetts (M.G.L.A. Art. Art. For indirect initiatives submitted to the legislature, 4% of the number of active voters in the state on Jan. 1 immediately following the last regular general election. Subject restrictions: None (Const. Which election: Next regular or general election subsequent to the 125 days after filing (OH Const. 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. For indirect statutory initiatives, it is roughly 11 months and two weeks. Who can sign the petition: Legal voters of the state of Oklahoma (34 Okl.St.Ann. 116.153). Number of signatures required: 5% of total votes cast for governor at last election (OK Const. Proponents of an initiative, referendum, or recall effort must apply for an official petition serial number from the Town Clerk. Circulator oaths or affidavit required: Yes (AS 15.45.360). Only 20 signatures allowed per sheet and each sheet is from one county. Art. 48, Init., Pt. Timeline for taking effect: An act that is rejected is repealed effective the date the result of the canvass is filed by the secretary of state. Circulator requirements: Must be Montana resident (MCA 13-27-102; 1-1-215), Circulator oaths or affidavits: Yes (MCA 13-27-302), Paid per signature: Cannot be paid based on the number of signatures collected but can be paid in general (MCA 13-27-102; 13-27-112). Secret ballot. No statute found; used Prop. 3503.06). Const. Does the law in question take effect before the referendum vote: The submission of a petition suspends the operation of any act except emergency measures and appropriation measures for the support and maintenance of state departments and institutions (Const. Bill No. II, 1g; Art. Timeline for taking effect: 10 days after the official declaration of the vote (Const. 295.056). 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). Const. 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. A petition organizer must register with the secretary of state. Proponents may amend before submission to the secretary of state (C.R.S.A. XI, 5). 168.472), Oklahoma (OK Const. Which election is a measure on: Regular election unless otherwise ordered by Legislative Assembly (OR CONST Art. Verified answer. The ballot title may be distinct from the title of the law that is the subject of the petition. Art. But such enactment may be amended or repealed at any general regular or special election by direct vote of the people thereon (Const. Art. The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. Ark. 4, Pt. 2, 8), Conflicting measures: Measure receiving more affirmative votes is enacted (Cal.Const. For indirect statutory initiatives, 3% of votes cast for governor in last election to submit to the legislator. 34-1809). Circulator requirements: US citizen and at least 18 years old (CRS 1-40-112). . II, 1b; O.R.C. Const. For constitutional amendment initiatives, 4 % of the resident population (NDCC Const. Conflicting measures: The measure receiving the greatest number of affirmative votes prevails (N.R.S. Number of signatures required: 6% of the qualified electors at the time of the last general election (IC 34-1805). 3; Const. 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. 2, 1), Ballot title and summary: Attorney general (RCWA 29A.72.050), Time period restrictions before placed on the ballot: No additional statute. Accessible across all of today's devices: phones, tablets, and desktops. Alaska: 1956Arizona: 1911Arkansas: 1910California: 1911Colorado: 1912Florida: 1972Idaho: 1912Illinois: 1970Maine: 1908Massachusetts: 1918Michigan: 1908Mississippi: 1914Missouri: 1908Montana: 1904Nebraska: 1912Nevada: 1905North Dakota: 1914Ohio: 1912Oklahoma: 1907Oregon: 1902South Dakota: 1898Utah: 1900Washington 1912Wyoming: 1968. Submission deadline of signatures: Four months prior to the general election (OR CONST Art. 4 1, Part 1(6B), (6C) and (6D). 3, 2), Proponent organization and requirements: No additional. Time period restrictions before placed on the ballot: Must be filed at least six months before the election it is to be voted on (V.A.M.S. Prepared by state auditor, and proponents may submit proposed review. 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. 116.080).. Circulator oaths or affidavit required: Yes (Mo.Rev. 1-40-106). Acts making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act. 4, 1, Pt. Art. LXXXI, 4). 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. Circulator oaths or affidavit required: Yes (Const. Code Ann. Must also be verified on the back of signature sheets by the person who circulated those sheets by an affidavit along with the signature and title of the officer before whom the oath was made (34 Okl.St.Ann. Cannot have had a civil or criminal penalty for a violation of election code in the last five years; been convicted of treason or a felony and not restored civil rights; been convicted of any criminal offense involving fraud, forgery or identity theft. Art. Legislature or other government official review: Since the process is an indirect initiative, the legislature has four months to adopt the unchanged constitutional initiative by a majority in each house before the secretary of state submits it to the people. A.R.S. Number of signatures required: 10% of those who voted in the preceding general election (AS 15.45.370(2)(A)). Must file quarterly reports. Art. 116.332). 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). Art. Registration is required before making an expenditure for or against a ballot measure. Where to file: State Board of Election Commissioners (Const. All of the chief petitioners must sign the form to withdraw (ORS 250.029). 21 1; CV160314-SA), Montana (MT CONST Art. To find a specific recall, you can scroll through the items listed in the widget and click on the recall or alert for more information. 250.045; 250.067; 250.035; 250.036; 250.075). Allowed to pay another for their signature: Not specified. Number of signatures required: For statutes, 5 % of the total qualified electors of the state, determined by the number of votes cast for governor in the preceding general election. Op. XI, 5 and AS 15.45.410). Colo. Const. The measure can be amended by a three-fourths vote in a joint session. 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.