initiative referendum and recall are examples of quizlet

III, 5(1)). 34-1802). Should this bill be: Approved. 3, 18). Statements of contributions and expenditures must be filed on January 10, seven days before political party conventions, seven days before the primary, three days before public hearings, on September 30, and seven days before the general election (Utah Code 20A-11-802). Does the law in question take effect before the referendum vote: No (Const. 3, 17(3)). Stat. 19, 3; Art. Thirteen of the 23 popular referendum states have geographic distribution requirements for petition signatures. 54 53). 2, 3; M.G.L.A. 116.332). Art. 14, 3 and see Coalition for Political Honesty v. State Board of Elections (1976). Disclosure of advertisements is required (ARS 19-925). 3, 3; NDCC, 16.1-01-09). 2, 9). III, 52(a)). 5, 11; 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). Circulator requirements: 18 years of age (NRS 32-629 and -1404). Proponent financial disclosure requirements: Political committee must file a statement of organization. 21 1). 273; Miss. What is on each petition: Must contain the full, true copy of the proposed measure on it on the backside or attached to it, and follow prescribed form and language, including a warning (Miss. Which election: The secretary of the commonwealth shall submit such law to the people at the next state election (Const. II, 1b). 12, 2). Art. Proponent financial disclosure requirements: Must file statement of organization as a PAC upon receiving contributions or making expenditures in any combination of at least $1,000 in connection with an election (ARS 19-905(C)). Where to file with: Secretary of state (RCWA Const. Petition title and summary creation: None specified for title, and summary "prepared by the person authorized by law" (M.C.L.A. 23 States have a popular referendum process. Petition sheets will always include space for signatures. 7-9-111). Tit. 250.045). 1-40-123), Majority to pass: Amendments require 55 % (C.R.S.A. 353, M.G.L.A. A statement of 100 words or less by secretary of administration and finance regarding fiscal consequences of the measure. II, 1g; Art. 3519.05; 3501.38). 1-40-102, 1-40-105, 1-40-106). Where to file: Secretary of state (OR CONST Art. For statutory initiatives, must be submitted to be verified before appearing before the legislature on the second Tuesday in November in even-numbered years, or the next day (N.R.S. Repeal or change restrictions: May repeal or alter a statute at any time. 250.045). 2, 9). XI, 5). 21. 5, 2; Constitution 48, Init., Pt. Petition title and summary creation: Secretary of state and approved by attorney general (V.A.M.S. 1953 20A-7-203). CONST. Ballot measure committees have the following additional reporting requirements: initial disclosure report is due 15 days after the committee begins raising or spending money, with subsequent quarterly reports until the pre-election report is due. Art. II, 1(b) and RCW 29A.72.150). Art. 116.332). 6, 22), Washington (RCWA Const. Art. Pre-election statements must be filed 40 and 12 days before the election (Govt. Records must be kept of contributions and expenditures. These may be accepted or rejected. Allowed to pay another for their signature: Prohibited (NSR 295.300). 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. 3, 51). Lieutenant governor forwards petitions that are qualified for the ballot to the Office of Legislative Research and General Counsel, which drafts an impartial title of not more than 100 words summarizing the contents of the proposal. 48, Init., Pt. For statutory initiatives, 6% of total votes cast for all candidates for governor in last general election. 7-9-103). Vote requirement for passage: Majority (Const. Repeal or change restrictions: Legislature may propose alternative measure or initiate the standard process for amending the constitution (MS Const. . Art. Subject restrictions: Laws necessary for the immediate preservation of the public peace, health, or safety are excluded (Const. 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. 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. Cal.Elec.Code 9005; Cal.Gov.Code 12172. Verification: The regular boards of judges, clerks and officers count all of them (I.C. 3, 52(g) and Wyo. Verification: Each signature is physically counted (34 OS 6.1). On the graphic below, select either Citizen Initiatives or Popular Referenda at the top of the map. Cure period for insufficient signatures: None specified. Const. Art. Reports are due 30 days before the election, one week before the election, 105 days after a special election and Feb. 15 for all contributions and expenditures not already reported (AS 15.13.110). Proponent organization and requirements: None specified. If a person is recalled they are put back through an election. Must include the language a committee for/against Proposition __ in any reference to the committee required by law. Const. Const. General review of petition: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. V, 3 and OK Stat. Art. Circulator oaths or affidavit required: Yes (Wyo. Must also meet conditional certification (W.S.1977 22-24-304; 22-24-308). 14, 3 and 10 ILCS 5/28-9), Collected in-person: Yes (10 ILCS 5/28-3), Withdrawal process of individual signature: By written request before submission of the petition to state board of elections or an officer with whom filing of the petition is required (10 ILCS 5/28-3). 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. The title of the statute or resolution that is the subject of the referendum is printed on the ballot. II, 10). Cannot "pass a law authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property.". Art. 116.100. Art. 3, 18). Art. III, 2), Oklahoma (OK Const. 1(3)). Art. The recall allows residents to remove the person in office. Constitution 48, Init., Pt. Where to file: Secretary of state (Const. What is on each petition: Must include title and complete text must be attached (MCA 13-27-201). 3, 52(c)(i)). 11 3). Office of the Legislative Fiscal Analyst conducts an estimate and description of funding sources. Collected in-person: Yes, in the presence of the circulator (IC 34-1807). 1b), Repeal or change restrictions: No veto by the governor (OH Const. Does the law in question take effect before the referendum vote: In some cases, yes. Types allowed: Indirect citizen initiative for statutes and amendments and popular referendum. Must report name and address of donors of $50 or more. 48, Init., Pt. Subject restrictions: None (Const. Paid per signature: Previous ban overturned. Which election is a measure on: The next general election after signature petitions filed, a legislative session has convened and adjourned, and 120 days after the legislative session adjournment (W.S.1977 22-24-319). Public review or notice: Any voter or group on or before July 20 may file an argument of 500 words or less. 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. Withdrawal of petition: The sponsor may file a written notice to withdraw the initiative with the secretary of state (V.A.M.S. Proponent financial disclosure requirements: Reports of expenditures and contributions received are required quarterly in non-election years and monthly, March through November, in election years. Verification: The election commissioner or county clerk compares each signer's information to that of voter registration records to verify that they were registered voters when they signed and verify all other information (Neb. 2015.5), Circulator oaths or affidavits: Yes (Cal.Elec.Code 104, 9022, 9610), Paid per signature: Yes, but signed oath if paid (Cal.Elec.Code 101, 9610), Allowed to pay another for their signature: Prohibited (Cal.Elec.Code 18603). 2, 9; Const. Repeal or change restrictions: Only laws that change vote requirements require a supermajority (OR CONST Art.II, 23; Art. 100.371). Application process information: Submit filing fee and a petition signed by 1,000 voters to the attorney general, with a summary and complete copy of the measure. Amending or diverting funds from a referendum measure requires a three-fourths vote of the members of each house of the legislature, and the amendment must further the purposes of the measure. In some states, the legislature or governor may order a special election for a measure. 2; 21 Okl.St.Ann. III, 52(a) and Mo.Rev.Stat. 4. increase the participation of African Americans in the Federal Government. General review of petition: For accuracy and fairness, the attorney general may rewrite arguments for or against prepared by legislature (5 ILCS 20/2). 5, 1). III, 5(1)). 34-1805). Art. Subject restrictions: May not be applied to appropriations of money (Const. Ballot title and summary: Prepared jointly by the secretary of state and attorney general (IC 34-1810(1)(b)). 4, 1, Pt. Legislature may hold public hearings and must hold a committee hearing once 25 percent of signatures are collected (Cal.Gov.Code 12172; 10243; 12172; Cal.Elec.Code 9007; 9034). (21-A MRS 905). Full text of the measure must be attached (A.C.A. Art. Who creates petitions: Lieutenant governor (U.C.A. 113 (Nov. 2020) as a reference. Citizens come up with and vote on their own laws Pros: 1. Number of signatures required: Eight % of the total number of legal voters for statutes. Six states do not have a law governing conflicting measures: Florida, Illinois, Montana, Oregon, South Dakota and Wyoming. Resource Initiative and Referendum Overview and Resources 116.090). Code 23-17-3), Which election is a measure on: Statewide general election (MS Const. If a congressional district has 90 to 110 % of the needed valid signatures, every single signature will be verified to discern if it qualifies (V.A.M.S. Timeline for taking effect: 30th day after the election at which it was passed (Const. 1953 20A-1-201; 20A-1-203; 20A-6-106; 20A-7-206. Must submit full text and title, and statement as to the use or not of paid circulators (U.C.A. Art. Art. 1953 20A-7-205). c. representative democracy. Const. Where to file: Not specified in statute; presumably with the State Board, since the Board is empowered to adopt regulations specifying how to file. 1953, Const. 7-9-107). Seven states (Alaska, Arkansas, Colorado, New Mexico, North Dakota, Ohio and Oregon) allow sponsors extra time to gather additional signatures if the petitions submitted are insufficient. Art. CONST. Petition title and summary creation: Attorney general (ORS 250.065(4)). Art. 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. Additional signatures are needed then. Withdrawal process of individual signature: The person must file a sworn statement with the secretary of state any time before the petition is filed (V.A.M.S. V, 7). Allowed to pay another for their signature: Prohibited (NDCC 16.1-01-12). Art. Committee must create a "top funders sheet" that is included as part of the petition (Elec. Democracy and republican run against each other voters vote for one demarcate representative and one republican representative. II, 10(a)). Art. Art. 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206. Circulator requirements: Resident,18 years old and paid circulators must wear badges (U.C.A. 250.045; 250.067; 250.035; 250.036; 250.075). Verification: By actual count (as opposed to random sampling), but this is not spelled out in statute. 15, 273). III, 3 and 4). 3, 5; NDCC, 16.1-01-09. PDF The Law Of Direct Democracy By Henry S Noyes 3, 1; Constitution 48, Init., Pt. Political committee must file a statement of organization. If the petition is insufficient, the sponsors have 10 extra days to collect more signatures (OH Const. For statutory, 5% of total vote for governor in last election in each of two-thirds of the state's congressional districts. 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. III, 52(a) and 53). Art. Timeline for collecting signatures: 18 months (W.S.1977 22-24-315). Massachusetts, Ohio and Utah use this sort of process. Paying per signature was held unconstitutional (Miss. III, 3 and MGL ch. 116.332). Amount is specified by secretary of state by rule. 5, 6; 34 Okl.St.Ann. General assembly members opposing the amendment may prepare or designate others to prepare a brief argument against such amendment, submitted to attorney general (5 ILCS 20/2). Const. Art. Time period restrictions before placed on the ballot: To be voted on at the next regular or general election subsequent to 125 days after the supplementary petition is filed (OH Const. Art. 34-1804, 34-1809). Stat. In Nebraska, the total number of signatures is based upon the total number of registered voters in the state. III, 2; Bernbeck v. Gale, 59 F.Supp.3d 949 [2014]; 829 F.3d 643, United States Court of Appeals, Eighth Circuit). Art. 130.110; 130.120; 130.029; 130.046; 130.041). 100.371; 16.061). Either way, the measure is put before the people (MS Const. Art. Both the initiative and the referendum originated in Switzerland in the first half of the 19th century. Other subject restrictions: Cannot require an expenditure of money unless a sufficient tax is provided (N.R.S. Proponent organization and requirements: Lists of circulators and notaries who notarized the petition sections must be filed with the secretary of state. Art. Rev. Petition title and summary creation: The filer submits a description pursuant to N.R.S. In each of two-thirds of the congressional districts, and each petition page must only contain signatures from a singular county. Can remove an elected representative from office. Cannot require an expenditure of money unless a sufficient tax is provided. The sponsor may file a written notice to withdraw the initiative with the secretary of state. Const. Proponent financial disclosure requirements: Include but are not limited to filing with the secretary of state, written disclaimers when publicizing, limits on contributions, detailed contribution reports, unexpended campaign contributions, and rules promulgated by secretary of state (C.R.S.A. Registration must include the circulator's full name, residence address, phone number and email address; the petition for which the circulator will gather signatures; a statement that the circulator consents to the jurisdiction of the courts of Arizona in resolving any disputes concerning the circulation of petitions by the circulator; the address of the committee in Arizona for whom the circulator works and will accept service of process related to disputes; a notarized affidavit by the circulator (ARS 16-118). St. 32-1405; 32-1406). Const. What is on each petition: Must follow prescribed form and include the provisions for identification of the measure, space for the printed name, space for the signature, address of the committee member, notarization of the signature and affidavit (NDCC, 16.1-01-07; 16.1-01-09). 34, 25). II, 1g; O.R.C. Art. 116.334). 21 1; A.R.S. Art. Paid per signature: Banned (U.C.A. Other states vary when it comes to restrictions, ranging from specific vote thresholds on certain topics to disallowing certain issues. 1953, Const. Additional reports are due on the third Wednesday in January of each year the committee continues in existence. Art. Petition title and summary creation: The proponent writes a description of 200 words or less of the effect the measure would have if approved by voters (NRS 295.009). Repeal or change restrictions: No act, law or bill approved by a majority of the electors voting thereon shall be amended or repealed by the legislature within a period of two years following such enactment unless by a vote of two-thirds of all the members elected to each house. Art. Withdrawal process of individual signature: Any person who alleges they signed as a result of fraud, coercion, or being intentional misleading as to the substance or effect of the petition, may withdraw their signature by filing an affidavit with the secretary of state any time before the secretary of state has accepted and filed the petition (Miss. The requirements for an election with statewide ballot measures vary by state. Repeal or change restrictions: Two-thirds vote is required to amend or repeal a measure approved by a vote of the people (Cont. 4, Pt. Const. Petition title and summary creation: Proponents (U.C.A. Allowed to pay another for their signature: Prohibited (A.C.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)). 3, 52). St. 32-1405.01; 32-1405.02; 32-1413, Ohio: OH Const. The president of the Senate and the speaker of the House of Representatives have authority to designate groups of members to prepare arguments for and against amendments to the Ohio Constitution proposed by the General Assembly, a person or persons to prepare an argument for any law, section, or item submitted to the electors by referendum petition, and a person or persons to prepare an argument against any constitutional amendment proposed by initiative petition. 295.009). Art. No statute found; used Prop. 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. In 2021, Idaho passed, Collected in-person: Yes (I.C. Art. Fiscal review: Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures (O.R.C. Direct democracy is the term we in government use to describe the ability of the voters to take matters into their own hands. 1051, 1052, 1052-A, 1053-B, 1054, 1054-A, 1055, 1055-A, 1056, 1056-A, 1056-B, 1057, 1058, 1059, 1060, 1062-A, 1062-B, Massachusetts: M.G.L.A. Mississippi: Attorney general may confer with proponents and may recommend revisions. If there are insufficient state funds and the measure does not provide a source, it is effective 45 days after next regular legislative session. 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). Additional stipulations: In Idaho and Nebraska, the law states that the entire measure might not be superseded and that only conflicting parts of the measure may supersede one another. Committee must create a "top funders sheet" that is included as part of the petition. 48, Init., Pt. General guidance as to format and contents can be found at NRS 32-1402. Const. Utah requires 60 percent approval for laws that alter hunting and fishing (See Utah Const. The popular referendum allows voters to approve or repeal an act of the Legislature. General review of petition: The Citizens' Initiative Review Commission reviews measures and may create a citizen panel to review specific ones (O.R.S. If paid, must provide required information to secretary of state prior to collecting signatures (A.C.A. Which election: Next regular general election (Const. 168.22e; 168.476; 168.477; 168.480, Montana: MCA 13-27-401; 13-27-402; 13-27-410; 13-27-311, Nebraska: Neb. Majority to pass: For statutory initiatives, a majority at a single general election. General election, and signatures must be filed one year prior to the election. Form of petition specified (M.C.L.A. Art. 19, 2). Its success in 1978, despite the strong opposition of the governor, state legislature, and the bureaucracy, prompted tax revolts in several other states. Prov., Pt. Are - working c. is looking for d. aren't investing 2. The initiative and referendum process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. Submission deadline of signatures: May 1 in the year of the election that the initiative will appear on, or 18 months from the date the petitioner receives the official ballot title from the secretary of state, whichever is earlier. Petitions must be submitted by 5 p.m. not more than 90 days after final adjournment of the legislative session at which the bill was passed. Legislature reviews the measure as submitted to it by the proponents. 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). General review of petition: Attorney general may confer with proponents and recommend revisions (Miss. 5, 1). 6; Oklahomans for Modern Alcoholic Beverage Controls, Inc. v. Shelton, Okla., 501 P.2d 1089, 1972). CONST. Referendum is a decision for the general assembly to put a bill on the ballot. May amend the initiative with three-fourths vote, but may only amend to further the purpose of the measure. Time period restrictions before placed on the ballot: Petitions cannot be filed more than 65 days before the deadline. Submission deadline for signatures: Not more than 90 days after the final adjournment of the session of the general assembly that passed the bill on which the referendum is demanded (Colo. Const. First, they tend to be much shorteran average of 90 days. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient. Art. Proponent financial disclosure requirements: Include but are not limited to reporting for contributions over $1,000, restrictions on what organizations can support, disclosure statements, semi-annual and pre-election statements, quarterly ballot measure statements, expedited and triggered statements and more (Cal.Gov.Code 82013, 84200, 84202.3, 85309, 84511, 84101, Cal.Elec.Code 18680; Form 460). Supermajority vote only to change vote requirement. Art. Code 9031). Which election: At the next ensuing election held throughout the state for members of the U.S. House of Representatives (Const. Tit. Denial of certification shall be subject to judicial review (Const. Withdrawal of petition: Anytime more than 70 days before the election, a majority of the committee members may withdraw the petition by writing to the secretary of state (O.R.C. 34, 1, Const. 2, 3). 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. The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters. Fiscal review: Office of Fiscal and Program Review prepares (1 M.R.S.A. 21 1), and by 5 p.m. on final day (A.R.S. The committees select a chair and may prepare arguments and rebuttals, which will be reviewed by the secretary of state for the ballot. VI, Subpt. . . Timeline for taking effect: An act rejected by referendum is void 30 days after certification. CONST. Const. The legislature may amend before two years with a two-thirds majority vote in both chambers, and no amendatory law adopted in accordance with this provision shall be subject to referendum (RCWA Const. A legislature committee also reviews the measure by a deadline (N.R.S. Art. Art. Direct primaries. 7-9-107), Legislature or other government official review: No statute, Public review or notice: Notice to be posted in statewide newspaper five months before election at expense of petitioners (Ark. 21-A M.R.S.A. Referendum. Proponents are required to ensure that all circulators receive instruction on the requirements and prohibitions imposed by state law with respect to signature gathering (Elec. 5, 1; Amend. LXXXI, 4). 19-102; 19-111), What is on each petition: Must follow prescribed form and summary and that it was prepared by proponents, title, that circulator is paid or not, and warning about legality of signing unofficial sheet (A.R.S. Art. What is on each petition: Form is approved by secretary of state and attorney general and following rules established by secretary of state. Otherwise, they may submit an alternative measure. 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. 7-9-105). States with geographic requirements that use entities that are unequal in population, such as counties or even state legislative districts, are more likely to have the requirement challenged in court. Democracy Definition Examples Cases Processes. Petition sheets also always include space for signatures. II, 1c). For indirect statutory initiatives, the timeline begins on Jan. 1 of the year preceding year in which a regular session of the legislature is held and then filed by the second Tuesday of November in an even-numbered year, or the next day. Law 6-205(d)). Collected in-person: Yes (C.R.S.A. Cal.Const. VI, 1 and Utah Code 20A-7-301(2)). IV, 1). Vote requirement for passage: Majority (Const. 8; 17). Art. 19, 3) and summary statement drafted by proponents (NRS 295.009). 5, 2; 34 Okl.St.Ann. II, 9(c)). 48, Pt. Const. Art. Proponent financial disclosure requirements: A committee formed to support or oppose a ballot measure must register by filing a statement of organization with the Ethics Commission when its contributions or expenditures exceed $1,000 (Ethics Commission rules 2.79 and 2.80). First, the county clerks do a simple tally and the secretary of state totals these. 250.025), Collected in-person: Yes (O.R.S. 3, 18), Massachusetts (M.G.L.A. Which election: Biennial regular election (IC 34-1803). Ballot title and summary: Attorney general (SDCL 12-13-1.1 and -9). 100.371). 12, 2; M.C.L.A. Submission deadline of signatures: Six months before the general election (ILCS Const. Const. 1(3) and (7)). Art. For an act passed less than 45 days before June 1, the first third of the required number of signatures must be submitted within 30 days of the act's passage, and the time for filing the additional required signatures is extended another 30 days (Const.

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