The same title that was drafted for the petition also appears on the ballot (ORS 250.065). Allowed to pay another for their signature: Prohibited (W.S.1977 22-24-323). The legislature may submit a competing measure to the ballot (M.G.L.A. Art. The Legislative Counsel Bureau distributes items to legislators, public libraries, newspapers and broadcasters (N.R.S. II, 1b and 1g; O.R.C. 2, 9; Const. One year for collection and must address written petition to the legislature. Amend. Art. Cal.Elec.Code 9005; Cal.Gov.Code 12172. 295.009. 3, 1 and SDCL 2-1-1 and 2-1-5). 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. Submission deadline for signatures: By 5 p.m. not more than 90 days after final adjournment of the legislative session at which the bill was passed (Const. Next statewide or general election, whichever comes first that is not less than 60 days after the petition is submitted, At the next ensuing election held throughout the state for members of the U.S. House of Representatives. Art. Art. 116.110) to the simple crossing out of ones name in Idaho (I.C. Not more than 24 months for collection with a deadline of four months before the election, and by 5 p.m. on the final day. If there are insufficient state funds and the measure does not provide a source, it is effective 45 days after next regular legislative session. 2. OH Const. What is on each petition: The format follows statute guidelines, must be notarized, must have specific language including legal warning, ballot title and abstract from fiscal impact statement (CRS 1-40-110, 1-40-105.5). Art. Art. Repeal or change restrictions: No veto by governor. Ballot title and summary: Proponents draft and submit a ballot title in their original filing (34 OS 8). Circulator requirements: Must be 18 years old and registered with the secretary of state. Art. Geographic distribution: Not more than one-fourth the of signatures shall be from one county (Const. 12, 2. Petition title and summary creation: Written by sponsors, approved by attorney general (Const. 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. 2, 8. Who can sign the petition: Qualified electors (NDCC Const. 4, Pt. The attorney general submits a draft ballot title and the public may submit written comments in regard to it, which the attorney general may use to revise the title (O.R.S. 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. It has sometimes been abused by groups . States also have varying processes for reviewing petitions. LXXXI, 4). 2, 8), Conflicting measures: Measure receiving more affirmative votes is enacted (Cal.Const. 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)). 3519.01; 3519.02; 3513.10). General review of petition: Proponents may request review by secretary of state (Cal.Gov.Code 12172). 10% is require to suspend the law prior to the vote. And attorney general reviews legality (MCA 13-27-202; 13-27-312; 13-27-402). M.G.L.A. LXXXI, 4). Stat. Proponent financial disclosure requirements: Must file a statement of organization within 20 days of becoming a committee (Mo.Rev.Stat. Const. Where to file: Secretary of state (MCL 168.471). Art. 168.474a; 168.486; 168.477; 168.32). Circulator oaths or affidavit required: Yes (Utah Code 20A-7-303(3)). 21). III, 52(b) and Mo.Rev.Stat. Where to file: Attorney general, then petition goes to secretary of state (Cal.Elec.Code 9001, 9004; Cal.Const. Art. Art. Allowed to pay another for their signature: Prohibited (ORS 260.558). III, 3). 4, 1, Pt. Florida: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme court. Prior to receiving a contribution or making an expenditure, a campaign must designate a treasurer by filing with the secretary of state. What is on each petition: Must include title and complete text must be attached (MCA 13-27-201). Public review or notice: At least seven public hearings are held on the propositions before circulation in designated regions. 4, 1, Pt. 4, Pt. Repeal or change restrictions: Cannot veto, and legislature may not repeal. Public hearings are held in each congressional district (Neb. Petition title and summary creation: Secretary of state and approved by attorney general (V.A.M.S. Submission deadline for signatures: June 1 (Const. 3, 8). Const. Art. Art. Art. Code Ann. Number of signatures required: Eight % of the total number of legal voters for statutes. Allowed to pay another for their signature: Prohibited (Wyo. VI, 1 and Utah Code 20A-7-301(2)). XVI, 4). Const. Const. 295.0575), Allowed to pay another for their signature: Prohibited (N.R.S. Secretary of state submits to Legislative Services Division for review, after which the final text of the measure and ballot statements must be resubmitted to secretary of state. II, 1g). Application process information: A prospective petition must be filed with the secretary of state. Number of signatures required: 6% of total votes cast for the office of governor in the last general election (Const. 19, 2; American Civil Liberties Union of Nevada v. Loma [2006]; N.R.S. 116.320). 7-9-404; 405; 406; 407; 408; 409, California: Cal.Gov.Code 82013, 84200, 84202.3, 85309, 84511, 84101, Cal.Elec.Code 18680; Form 460, Colorado: C.R.S.A. Political recall efforts in Virginia result in a circuit court trial instead of an. A petition's sponsor must file a campaign finance report at the time a petition is filed under 6-205, and a committee opposing a ballot measure must file a campaign finance report within 10 business days after the petition is filed under 6-205. For statute, 8% of total votes cast for governor in last general election. Const. Repeal or change restrictions: Governor may not veto (MT CONST Art. Laws 168.471. 100.371, 101.161; F.S.A. 12, 2; M.C.L.A. IV, 1(4)). A referred measure may be voted upon at a statewide election or at a special election called by the governor. Can only be changed by a vote of the people, Two-thirds vote (or majority after seven years), Two-thirds vote (or majority after two years), Select a State with Citizen Initiatives to Learn More, Petition Review, Creation and Public Notice, Petition Review, Creation, and Public Notice, >Petition Review, Creation and Public Notice, States with citizen initiatives (24): Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Maine, Massachusetts, Michigan, Missouri, Mississippi, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington, Wyoming. Subject Matter Excluded From Popular Referendum, Dedications of revenue, appropriations, local or special legislation or laws necessary for the immediate preservation of the public peace, health or safety, Laws immediately necessary for the preservation of the public peace, health or safety, or for the support and maintenance of the departments of the state government and state institutions, Urgency statutes, statutes calling elections or statutes providing for tax levies or appropriations for current expenses of the state, Laws necessary for the immediate preservation of the public peace, health or safety, and appropriations for the support and maintenance of the departments of state and state institutions, Laws making any appropriation for maintaining the state government or for maintaining or aiding any public institution, not exceeding the next previous appropriation for the same purpose, Const. What is on each petition: Must follow prescribed form and include the full text of the measure, a legal warning, an affidavit, the maximum number of signatures, paper and font, spacing, and if the circulator is paid (Neb.Rev.St. Must be submitted by September, then December, and then possibly July (M.G.L.A. 3, 51; V.A.M.S. Rev. In election years, instead of biannual reports, reports are due no later than the second Monday in April, May, September and October, and no later than the Thursday before an election. Timeline for collecting signatures: For direct constitutional amendments, nine months and three weeks. Circulator oaths or affidavits: Yes (O.R.C. Cal.Elec.Code 9014; 9016; Cal.Const. From 15 different counties, with each countys petition having signatures of at least half of the designated percentage of electors of the county. Const. 2, Sec. sought government regulation of child labor. Then they deliver the verified packets to the lieutenant governor. LXXXI, 4). 3519.16. Secretary of state, revisor of statutes and attorney general, M.G.L.A. Art. 48, Init., Pt. Art. Initiative is a legislative proposal that originates with the people. Geographic distribution: 3% of total votes cast for the office of governor from at least 15 counties (Const. Code Ann. 3, 8). Rule 2.79; Oklahoma Ethics Commission's Guide for Political Action Committees, Oregon: O.R.S. Art. 3, 52(e) and Wyo. Const. Verification: Random sampling (CRS 1-40-116). Art. 113 (Nov. 2020) as a reference. And, in some states, the review is purely technical; the proposal is reviewed to ensure it meets the legal requirements for format and style and adheres to drafting conventions. 54 42A, 53; M.G.L.A. 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. III, 4). Amend. 3519.22). XVI, 1), Timeline for taking effect: Thirty days after the election (Ohio Const. Art. Art. Secret ballot. In odd-numbered years, year-end reports are required. Collected in-person: Yes (AS 15.45.340(a)). 901), Proponent organization and requirements: Any organization supervising or managing petition circulation must register with secretary of state (21-A M.R.S.A. III, 3; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. Therefore, rules restricting the ability to change or repeal measures apply to statutory measures, which are available in 21 states. Repeat measures: Cannot be same as a measure at either of the two preceding biennial state elections (M.G.L.A. Petition title and summary creation: No separate title, and a simple "statement of the gist" of the measure is included on the petition (34 Okl.St.Ann. 3, Sec. Must include the language a committee for/against Proposition __ in any reference to the committee required by law. M.C.L.A. Types allowed: Indirect initiative for statute, direct initiative for constitutional amendment, and popular referendum, Other subject restrictions: No private or special laws (Const. Stat. 250.045). Prov., 3. The filing of a referendum petition against any item, section, or part of any measure shall not prevent the remainder of such measure from becoming operative. 5, 1), Other subject restrictions: No other statutes. Timeline for taking effect: Upon proclamation by the governor which shall be made within ten days after the official canvass of such votes (Const. Missouri and Nebraska have unique signature requirements. The referendum may be obligatory or optional. Timeline for taking effect: Thirty days after the Governor's proclamation of the results (Const. Number of signatures required: 6% of the total votes cast for the office of governor in the last election (OH Const. 23-17-1), Proponent organization and requirements: Statement of organization if operating financially (Miss. 21 1). For direct constitutional amendments, it is nine months and three weeks. 16, 6; N.R.S. (Const. Neb. 2, 3; M.G.L.A. Recall is the ability as a citizen to petition for a re-vote of an elected official who is believed to be ineffective. . Art. Art. No veto by governor for either measure passed by voters or legislature (M.C.L.A. Collectors must file 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 inititative packetor the April15 immediately before the next regular general election immediately after the application is filed. Art. Art. IV, pt. Initiative is a legislative proposal that originates with the people. 7-9-104). II, 1b; Art. Non-resident circulators and all paid circulators must register with the secretary of state before circulating petitions; it is the sponsoring committee's responsibility to collect and submit the completed registrations. What is the difference between referendum and initiative. Allowed to pay another for their signature: Prohibited (ORC 3599.13 and .14). Subject restrictions: None (Const. 295.056). Does the law in question take effect before the referendum vote: If a referendum petition is filed against a part of a statute, the remainder of the statute shall not be delayed from going into effect (Const., art II, 10(a)). Const. Where to file: State Board of Election Commissioners (Const. Const. Art. 16-906; 16-926; 19-111; 19-124), Proponent financial disclosure requirements: Include but are not limited to spending reports, establishing a bank account, and quarterly and pre-election campaign finance reports (A.R.S. 4, 1, Pt. Who creates petitions: The proponents (Miss. Utah: The governor must decide that two measures are in conflict (U.C.A. Where to file with: Secretary of state ( 34-1804). IV, pt. Art. Attorney general then submits petition to the secretary of state which begins the deadline clock (Cal.Elec.Code 336, 9001, 9002, 9004). Verification: State Board is empowered to adopt regulations specifying procedures for verifying and counting signatures (Elec. If the petition is insufficient, the sponsors have 10 extra days to collect more signatures. Const. 116.332). 1-40-108. 3, 50 and V.A.M.S. Public review or notice: In consultation with the attorney general, the secretary state writes an analysis of the effect of the measures, which will be published in the columns for two weeks prior to the election (NDCC, 16.1-01-07). Subject restrictions: Laws providing for tax levies, appropriations for the current expenses of the state government and state institutions and emergency laws necessary for the immediate preservation of the public peace, health or safety (OH Const. Nine states (Arkansas, California, Missouri, Montana, North Dakota, Oklahoma, Oregon, Utah and Washington) also allow referenda on special election ballots. Repeat measures: More than two elections on the same general matter cannot be held within 12 months (NDCC, 16.1-01-11). Art. 5% of the whole number of votes cast for governor in the last election. 8). III, 52(a) and 53). M.C.L.A. Where to file: Secretary of the commonwealth (Const. These serve as the ballot title. Next succeeding election at which the question may be voted upon by the voters of the entire state. Code Ann. General review of petition: For accuracy and fairness, the attorney general may rewrite arguments for or against prepared by legislature (5 ILCS 20/2). The public may protest as to the constitutionality of the measure. Circulator oaths or affidavits: Yes (34 Okl.St.Ann. 5, 1). Art. General election, and filed at least six months before the election with the secretary of state. Application process information: Before circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the attorney general who shall prepare a title and summary of the measure as provided by law. These states require that in addition to receiving a majority of the votes cast on the measure, those votes must be equal to or more than a specified percentage of the total votes cast in the election. Submission deadline of signatures: At least 30 days before Feb. 1 of the year of the general election that the measure is to be voted upon (F.S.A. Withdrawal of petition: Any time before the final submission of signatures, proponents may write to the secretary of state to withdraw (34 OS 8). 3, 4; Art. 21-A M.R.S.A. Repeal or change restrictions: No statute. (SDCL 2-1-3). 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: Eighteen months (V.A.M.S. Const. 34-1801a, 34-1804, 34-1809, Illinois: ILCS Const. Proponent organization and requirements: Must file as political committee (F.S.A. art. Collected in-person: Yes (C.R.S.A. Art. Art. Who can sign the petition: Registered voters (A.C.A. Amendments that propose a tax or fee not in place in November 1994 require a two-thirds vote to pass. Five states have time limits on the repeal or alteration of measures. Ten% of votes cast in last general election. Art. Proponent organization and requirements: The cover of an initiative or referendum petition shall designate the name and residence address of not more than three persons as chief petitioners (ORS 250.045(6)). Vote requirement for passage: Majority (MCA 13-27-504). Allowed to pay another for their signature: Prohibited (O.R.S. Ballot title and summary: Attorney general (SDCL 12-13-1.1 and -9). Art. Reports of contributions and expenditures are due by the 15th of every April and October. 3599.03, Oklahoma: 34 Okl.St.Ann. This was a highly popular proposal to reduce property taxes in the state by 57 percent. For constitutional amendments, signatures must be gathered from at least 2% of the total registered electors in each state senate district.*. 15, 273). Fiscal review: Yes (W.S.1977 22-24-309). See Elec. 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. Geographic distribution: The maximum number of signatures counted from any individual congressional district is one-fifth of the total number required (MS Const. 250.025), Collected in-person: Yes (O.R.S. The popular referendum allows voters to approve or repeal an act of the Legislature. 32-1401; 32-1405; 32-628; 32-1403). 48, Init., Pt. Proponent organization and requirements: A group of no more than three people is designated to be the chief proponents at the time of original filing (34 OS 1). Verification: Secretary of the commonwealth is directed to establish "regulations designed to achieve and maintain accuracy, uniformity, and security" (MGL ch. Const. Law 6-202). Who can sign the petition: Legal voters of the state of Oklahoma (34 Okl.St.Ann. Not more than half of signers may be residents of Baltimore City or of one county. Art. Art. 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. Legislature or other government official review: After chance for comment by all legislators, the legislative council prepares an impartial analysis with description, background information and likely effects (A.R.S. Where to file: Secretary of state (Const. Conflicting measures: Measure that receives greater number of affirmative votes passes (C.R.S.A. Proponent financial disclosure requirements: Include but are not limited to contribution limits and reports (F.S.A. Art. Timeline for collecting signatures: May be circulated once the attorney general has drafted a circulating title and summary up to the 90th day after the enactment date of the statute. Time period restrictions before placed on the ballot: Petitions cannot be filed more than 65 days before the deadline. Verification: By actual count (as opposed to random sampling), but this is not spelled out in statute. Sometimes initiatives are first submitted to a legislature. Const. Initiative Election: Referendum: Recall Election: Right of citizens to propose laws or amendments for approval or rejection by the voters. Geographic distribution: 15% of the total vote cast in the last election in at least of two-thirds of counties (Const. First 10 signatures must be turned in by the first Wednesday of the September before the assembling of the general court . 53 22A; M.G.L.A. Code Ann. For constitutional amendments, 8 % of total vote for governor in the last election in each of two-thirds of the state's congressional districts (V.A.M.S. 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. . General review of petition: Reviewed by attorney general and Ohio ballot board, which also writes pro or con statements if not supplied (OH Const. Who creates petitions: Sponsors (Elec. 24 States may have the direct initiative, the indirect initiative or the choice of either. Art. Ballot title and summary: Attorney general (Elec. III, 2). Const. Contributions in excess of $1,000 from a single contributor received during the 21 days prior to the election must be reported (RCW 42.17A.265). 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. Initiative and referendum are powers granted to the electorate by the constitution of several states, and refer to the processes that allow voters to vote directly on certain legislation. Withdrawal process of individual signature: By giving written notice to the lieutenant governor before the date the petition is filed (AS 15.45.350). If they are passed there, they become law without the need for a popular vote. Fiscal review: Office of Fiscal and Program Review prepares (1 M.R.S.A. Art. seq). Verification: County officials verify each signature, printed name, date of birth and address with the voter registration records to determine if the signer is a registered voter (NRS 32-1409). The next regular or general election occurring subsequent to the 125 days after filing signatures. 5 , 1; A.C.A. Petition must be filed with county officials not later than 15 days following the primary election. 3, 18), Massachusetts (M.G.L.A. If a congressional district has 90 % of the needed valid signatures, the petition fails in that district. Ethics Commission rules 2.79, 2.80, 2.103, 2.109, 2.122. Const. Contributions of $1,000 or more from a single contributor received during the 21 days prior to the election must be reported. Art. Public review or notice: The secretary of state also furnishes an information pamphlet with the title, fiscal statement if applicable, its complete text, the form in which it'll appear on the ballot, arguments for and against it, and rebuttal arguments, and will publish notices in newspaper (MCA 13-27-401; 13-27-402; 13-27-410; 13-27-311). 19, 2), Types allowed: Direct initiative for statutes and constitutional amendments, and popular referendum. A criminal records check is completed. Number of signatures required: 5% of the total vote cast for governor at the last election (Const. Art. IV, 1). Other requirements may include a legal warning, a statement that the petition circulator is paid, a summary of the proposed measure, the full text of the measure, the county or district where the signature was collected and more. Secretary of state must establish by rule and collect filing fees (RCW 43.07.120). Criminal background check done for paid circulators with additional restrictions. For constitutional amendments, generally take effect upon passage. Art. Timeline for taking effect: 30 days after the election (Const. 34-1812a, 34-1812b, I.C. Art. Between 90 and 110 %, every signature is verified (C.R.S.A. Circulator oaths or affidavit required: Yes (Const. XLVII, Pt. Art. The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. 3, 52(b) and Wyo. 34-1812a, 34-1812b, I.C. Art. 168.482; 168.544c). Contributions in excess of $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. 4, 3; Constitution 48, Init., Pt. Circulator oaths or affidavits: Sponsor signs affidavit, and circulators sign oath (RCWA 29A.72.010; 29A.72.120). Collected in-person: Yes (Wyo. Who creates petitions: Proponents (A.C.A. 34-1803b). Let's break down each to understand . Submission deadline for signatures: Not less than four months prior to the next general election (Const. 19-111; 19-124). 19, 2). Timeline for taking effect: Once canvassing of votes is complete (N.R.S. Art. 1-40-111), Withdrawal process of individual signature: Written request prior to submission of signed petitions (C.R.S.A. Does the law in question take effect before the referendum vote: No. Vote requirement for passage: Majority (Const. 295.055; 295.009). IV, 1). Paid signature gatherers must register with the secretary of state and pay a fee of $20 for each petition they will be paid to circulate (SDCL 2-1-1.5 through -1.9). Only 20 signatures allowed per sheet and each sheet is from one county. Ten % for amendments (Ark. Const. Subject restrictions: The power of referendum does not extend to acts making appropriations for state institutions or to meet deficiencies in state funds (Const. Verification: The secretary of state establishes the statistical sampling method. And requires full disclosure of campaign staffers (21-A MRSA 1051 et. Circulators may not receive payment greater than $1 per signature. Art. Legislature reviews the measure as submitted to it by the proponents. 3, 17(1)). II, 9(b) and Elec. . 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. Proponent organization and requirements: When first filing the petition, no more than three primary proponents must be designated (34 Okl.St.Ann. Subject restrictions: No law making any appropriation for maintaining the state government or for maintaining or aiding any public institution, not exceeding the next previous appropriation for the same purpose, shall be subject toreferendum. Const. 2, 9; Const. Vote requirement for passage: Majority, but no such law shall be held to be disapproved if the negative vote is less than thirty per cent of the total number of ballots cast at such state election (Const. 3. create a unicameral national legislature. 1. 3, 52(c) and Wyo. Only regular state, congressional and municipal elections, and filed at least four months before election. Types Allowed: Direct initiative for statutes and constitutional amendments, and popular referendum, Single subject rule: Yes (MT CONST Art. In an example we calculated the variance and standard deviation for Location 1 of Gilotti's Pizzeria restaurants. 905 and 1 M.R.S.A. IV, 1(3)). Allowed to pay another for their signature: Prohibited (Utah Code 20A-7-312(3)). Allowed to pay another for their signature: Prohibited (A.C.A. Vote requirement for passage: Majority (Const. VI, 1 and Utah Code 20A-7-102). Where to file: Secretary of state (NRS 32-1405). Application process information: Petitioners file a statement containing the object of the petition and the text of the measure with the secretary of state, together with a sworn statement containing the names and street addresses of every person, corporation or association sponsoring the petition (NRS 32-1405). Const. Submission deadline for signatures: Not more than 90 days after the law which is the subject of the petition has become law (Const. Where to file with: Attorney general (O.R.C. 12, 2), Collected in-person: In the presence of the circulator (M.C.L.A. More than two elections on the same general matter cannot be held within 12 months. Art. An optional random sampling process must be provided. Random sample of at least 500 or 5% of the signatures, whichever is greater. Fiscal statements are the most common type of review, giving estimates and analysis on the likely fiscal impact the proposed measure will have on the state. (RCW 29A.72.230). 100.371), Geographic distribution: Signatures in each of one-half of the 27 congressional districts of the state (F.S.A. Collected in-person: Yes (Neb. Art. Proponent financial disclosure requirements: Include but are not limited to quarterly reporting and following rules set by board of elections (10 ILCS 5/9-15). 168.474a; 168.486; 168.477; 168.3, V.A.M.S. 22-24-412). Art. Washington: equal to one-third (Const. Tit. Art. After chance for comment by all legislators, the legislative council prepares an impartial analysis with description, background information and likely effects (A.R.S.

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