Art. Details on who or which offices write the title and summary are listed below: Cal.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). Allowed to pay another for their signature: Prohibited (ORS 260.558). art. 116.030). Submission deadline of signatures: Ninety days from the official set date from the secretary of state (34 Okl.St.Ann. What is on each petition: Contains a summary of the subject matter, warning to signers and a statement as to paid circulators (Const. II, 1g; O.R.C. IV, 1). Const. Const. The following is not a legal, comprehensive list of every campaign finance law governing the referendum process in each state but is rather a basic summary and starting guide for where to find relevant statutes. 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. Cal.Const. 15% of the total vote cast in the last election in at least of two-thirds of the counties. (21-A M.R.S.A. 8; 17). 19, 1 and NRS 293.127563). Ohio ballot board; proponents may suggest title. Geographic distribution: 15% of the total vote cast in the last election in at least of two-thirds of counties (Const. Petition title and summary creation: The statement of purpose and implication, which is prepared by the proponent and approved by the attorney general, is the title for both the petition and ballot. Repeat measures: Two years (MS Const. Code 9050). Art. 14, 3, 10 ILCS 5/28-2, Massachusetts: M.G.L.A. Several states require two officials to write or review the title and/or summary, given their importance to a ballot measure. The timelines for signature gathering for popular referenda differ significantly from those for initiatives. Const. Some states offer no assistance or advice to initiative proponents on the draft of their proposed law. Withdrawal of petition: May be withdrawn no later than 120 days before the next general election if no less than two-thirds of the petition sponsors file such a request in writing with the secretary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). 72.130). Repeal or change restrictions: No veto by governor. 34-1802). 1953 20A-7-203 and include notice to signers, date, room for signatures, title of the initiative, the fiscal impact statement, a warning, language about a tax increase if applicable, and signed verification by the circulator (U.C.A. Form of petition specified (M.C.L.A. 21 1 and A.R.S. 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. Timeline for taking effect: 10 days after the official declaration of the vote (Const. 354, Michigan: M.C.L.A. 101.161). Public reviews for 30 days and provides comments to the proponent. Who can sign the petition: Any qualified voter (AS 15.45.350). 19, 2). Which election: Next regular general election or a special election called by the lieutenant governor (Utah Code 20A-7-301(1)). 4, 3; Constitution 48, Init., Pt. Geographic distribution: 3% of total votes cast for the office of governor from at least 15 counties (Const. From each of at least 26 Utah state Senate districts, legal signatures equal to 4% for indirect or 8% for direct initiatives of the number of active voters in that district on Jan. 1 immediately following the last regular general election. 5, 1). Art. 3, 5; NDCC, 16.1-01-09. Public review or notice: State board of canvassers holds a public meeting on the amendment or question, make an official announcement 60 days before the election, and publicly post the amendment, including in newspapers and websites (M.C.L.A. Repeal or change restrictions: The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters (Const. Acts making appropriations for state institutions or to meet deficiencies in state funds, 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. Amend. Signatures are valid for two years, but a petition can circulate indefinitely, and filed at least 30 days before Feb. 1 of the year of the general election that the measure is to be voted upon. Petitions must be submitted to counties for verification four weeks before this deadline (MCA 13-27-301). 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. 19-112), Colorado (Const. Allowed to pay another for their signature: Prohibited (U.C.A. 1953 20A-7-202). Const. General review of petition: The revisor of statutes reviews and recommends revisions with respect to form and draftsmanship. 293.250). Revised statutes now require that signatures be equally collected among all the petition districts (congressional districts). Art. Art. Petition title and summary creation: 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. 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. Once this power is secured the other popular govern-ment features will be added, until conventions, the ready instru-mentality of the political dictator, will be abolished and the direct primary, corrupt practices act and recall will be established. Legislature or other government official review: The legislature may determine method of determining fiscal impact (NDCC Const. Const. Application for Initiative or Referendum Serial Number. 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). Art. Office of Legislative Research and General Counsel numbers propositions and proposes a descriptive title summarizing the contents of the measure. Const. Art. Code Ann. (MGL ch. Code 18680. Code 23-17-37). Art. The following 11 states use a statistical sampling method to determine if petitions have enough valid signatures: Eleven of the popular referendum states specify a procedure by which a person may withdraw their signature from a petition. Withdrawal of petition: Chief petitioners may withdraw at any time before submitting the signatures for verification. (Const. 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. 1953, Const. Prov., 3. 3, 52(f)). II, 1b; O.R.C. 3, 2; NDCC, 16.1-01-17). VI, 1 and Utah Code 20A-7-301(2)). III, 2; 4), Who can sign the petition: Registered voters (Ne.Rev.St. 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). referendum: [noun] the principle or practice of submitting to popular vote a measure passed on or proposed by a legislative body or by popular initiative. III, 3); next general election after the petition is regularly and legally filed with the secretary of state (NRS 32-1411). 101.161). Fiscal review: Yes (W.S.1977 22-24-309). Timeline for taking effect: Takes effect five days after the official proclamation of the voter by the governor or the effective date specified in the proposed law, whichever is later (Utah Code 20A-7-311). Who can sign the petition: Qualified voters (Const. 15, 273), Conflicting measures: Measure with highest number of affirmative votes prevails (MS Const. Stat. Const. Art. 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. Proponents must file reports of payments made to signature gatherers (IC 67-6612). For amendments, unless specified otherwise, July 1 following approval (MCA 13-27-105; MT CONST Art. Geographic distribution: 3% of the votes cast for the office of governor in the last election in half of the counties each (OH Const. Art. Proponent organization and requirements: Must also file statement of organization (SDCL 12-27-6). Art. Art. 14, 11). Collected in-person: Yes (Wyo. 53 7). II, 1g). 5, 11; MACo v. The State of Montana, MT 267 [2017]), Nebraska (Ne.Rev.St. 2; 21 Okl.St.Ann. Art. Collected in-person: Implied (MCA 13-27-102), Withdrawal process of individual signature: Any time prior to official filing (MCA 13-27-301). Cannot have had a penalty for violation of title 16 (election laws) or title 19 (initiative and referendum laws) in the past five years, been convicted of treason or a felony and has not been restored to civil rights, or been convicted of any offense related to fraud, forgery or identity theft. XVI, 2). Const. For constitutional amendments, 10% of votes cast for governor in last election. Proponent financial disclosure requirements: Must file a statement of organization within 20 days of becoming a committee (Mo.Rev.Stat. 32-630; 32-1546), Number of signatures required: For statutory initiatives, 7 % of votes cast for governor in last election. II, 1g). Art. This is generally the secretary of state, but in Alaska and Utah, the lieutenant governor is the states chief election officer. Art. This committee is responsible for preparing the arguments for the measure and any rebuttal arguments in the information pamphlet (MCS 13-27-402). The secretary of state, in consultation with the attorney general, prepares a condensation, explanations for and against, and concise summaries of the bill's impact on existing related laws (NRS 293.250). Colorado. One year, but proponents must submit to the county officials no sooner than nine months and no later than four weeks prior to the final deadline. Geographic distribution: Under court challenge. Withdrawal process of individual signature: Signatures may be withdrawn up to the time of submission of the petition. The measure can be amended by a three-fourths vote in a joint session. Which election is a measure on: Regular election unless otherwise ordered by Legislative Assembly (OR CONST Art. 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. Application process information: Must file a copy of the measure with the secretary of state and the sponsor; as an individual or acting on behalf of an organization, must file an affidavit. 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. 12, 2). Paid per signature: Cannot pay based on signature total collected. If politicians are ignoring citizens' concerns, they can pass the law themselves 2. Cure period for insufficient signatures: If signatures are determined to be insufficient, an additional 10 days is allowed to gather additional signatures (Const. II, 1g and ORC 3519.16(F)). Art. Art. Most states only allow an individual to withdraw a signature before the official filing of the petitions. Withdrawal of petition: Proponents may withdraw a measure at any time before filing the petition (Elec. Const. Stat. A list of the initiative, referendum, and recall . 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 (MT CONST Art. 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. XLVII, Pt. 1-40-106 and 1-40-107). Probably the most celebrated initiative to pass in recent years was Proposition 13 in California. See also 21-A MRS 904-A, the repealed provision that prohibited payment per signature. Code 9604). Art. Secret ballot. 3, 18). 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. 295.0575). 54 53. Subject restrictions: Laws necessary for the immediate preservation of the public peace, health, or safety are excluded (Const. Recall, the device by which voters may remove public officials from office, also originates with the people. Nine states require filing an initial number of signatures of sponsors as part of an application to circulate a popular referendum petition. Reports of contributions and expenditures are due quarterly in calendar years without elections. Art. Timeline for taking effect: Once canvassing of votes is complete (N.R.S. Art. 11 5). Proponent organization and requirements: When first filing the petition, no more than three primary proponents must be designated (34 Okl.St.Ann. A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter 37. 3, 18). Art. St. 32-1407; 32-401), Ballot title and summary: Attorney general (Neb. Some states limit the number of sections of code or the constitution that may be altered. Sample petition prepared by secretary of state must include the text of the measure, a statement of purpose and implication, and yes-no statements, as prepared by the petitioner (MCA 13-27-202 and -205). Public review or notice: Able to attend meeting on petition application review, title board meetings, ballot information booklet prepared by legislative council (C.R.S.A. Which election: Regular general election, unless otherwise ordered by the legislative assembly (Const. 250.062). V, 1(3), "The filing of a referendum petition against any item, section, or part of any act shall not delay the remainder of the act from becoming operative.". 1953 20A-11-101; 20A-11-801; 20A-11-802; 20A-11-803).

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