initiative referendum and recall are examples of quizlet

Time period restrictions before placed on the ballot: Signatures must be verified no later than Feb. 1 of the year of the general election (F.S.A. Collected in-person: Yes (W.S.1977 22-24-312). 10% is require to suspend the law prior to the vote. Code 82013, 84101, 84107, 84200, 84200.8, 84202.3 and Elec. Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures. Geographic distribution: 6% of the qualified electors at the time of the last general election in at least 18 legislative districts (IC 34-1805). Legislature or other government official review: Secretary of state writes arguments for and against the measure with information provided by proponents and opponents (Neb.Rev.St. Who creates petitions: Secretary of state (ORC 3519.05(C)). Art. Legislature reviews the measure as submitted to it by the proponents. Some of these geographic distribution requirements have been found to be unconstitutional, largely on one person, one vote grounds. 54, 22A, Missouri: Mo.Rev.Stat. 1-40-104, 1-40-105, 1-40-111, 1-40-135). Director of elections, with approval of the state board of canvassers, drafts a statement of purpose of not more than 100 words for the ballot. Stat. Five states have time limits on the repeal or alteration of measures. Where to file: Secretary of state (NMSA 1-17-8). 19, 2; Art. 32-1405.01; 32-1405). Application for Recall Serial Number. Semiannual statements of contributions and expenditures are due July 31 and January 31 (Govt. 5% of the votes cast for governor at the preceding election; 15% of the votes cast for governor in the preceding election in a majority of legislative districts is required to suspend operation of an act pending the election. 3519.07). A committee must file a statement of organization within 10 days of its organization; must include a brief statement identifying the substance of each ballot question supported or opposed by the committee. Const. XVI, 1; O.R.C. Legislator proposes a law, voters vote on it. Art. Vote requirement for passage: Majority (IC 34-1803). Stat. 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. 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. A ballot summary is prepared by Department of Legislative Services and approved by attorney general Elec. Prepared by the office of financial management, in consultation with the secretary of state, the attorney general, and any other appropriate state or local agency. II, 18). Code Ann. 6, 1). 250.045; 260.035; 260.054, South Dakota: SDCL 12-27-22; SDCL 12-27-3, Utah: U.C.A. Ballot title and summary: Attorney general drafts ballot title and prepares a statement to be printed in italics immediately preceding the ballot title on the official ballot. 4, Pt. 116.332). 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. 21 1), and by 5 p.m. on final day (A.R.S. 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. 1-40-106). XVI, 5(b) and Elec. 34-1801a, 34-1804, 34-1809). Art. Const. For statute, 8% of total votes cast for governor in last general election. General review of petition: Secretary of state reviews and processes the petition, along with the attorney general and the Supreme Court (34 Okl.St.Ann. Electronic reports of contributions and expenditures must be filed according to a specified schedule. XVI, 5(b) and Elec. Art. 15% of the total vote cast in the last election in at least of two-thirds of the counties. Missouri and Nebraska have unique signature requirements. IV, 1). Const. Application process information: A prospective petition must be filed with the secretary of state. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments, and popular referendum. Code 82013). 6), Collected in-person: Yes (34 Okl.St.Ann. 3, 53). Massachusetts: at least 30% (Const. IV, pt. St. 32-1405). 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. Art. Const. Withdrawal of petition: Any time before the final submission of signatures, proponents may write to the secretary of state to withdraw (34 OS 8). Stat. 34-1803b). 16, 6; N.R.S. Circulator requirements: Legal voter (RCWA 29A.72.120). Majority to pass: Yes (V.A.M.S. 34-1805). 3, 53. Withdrawal process of individual signature: May not remove after official submission of petitions (O.R.S. For example, when a school district wants to issue bonds for building construction, it goes to the voters with an obligatory referendum. Must contain only subjects that are related or mutually dependent. We hope you and your family enjoy the NEW Britannica Kids. V, 1), Collected in-person: Yes (A.C.A. The ballot title may be distinct from the title of the law that is the subject of the petition. Const. The attorney general reviews the ballot title after signed petitions are turned in (34 Okl.St.Ann. If 110 % or more, the petition passes. Legislature or other government official review: Nonpartisan staff of general assembly prepare summary, analysis and fiscal review (C.R.S.A. 11 3). Rev. The most common requirements: that they be at least 18 years old, a citizen, a registered voter and/or a resident of the state. Art. Validity determined by the board of elections. Art. 2, 10; N.R.S. 2, 9; Const. 3, 3; NDCC, 16.1-01-09). Circulator oaths or affidavits: Sponsor signs affidavit, and circulators sign oath (RCWA 29A.72.010; 29A.72.120). Code Ann. Petitions must be submitted 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. Twelve months for collection, and no signatures may be obtained prior to 24 months before the general elections that it is to be voted upon. 8). 1953 20A-7-202). Art. 5, 1), and 60 percent of voters in Florida (F.S.A. Public hearings are held in each congressional district (Neb. Withdrawal process of individual signature: Any signer may withdraw their signature by giving their name, address and contact information to the secretary of state before the petition is filed (Wyo. Legislature or other government official review: The secretary of state consults with the legislative counsel for any technical suggestions, which will be posted to the secretary's website (N.R.S. Three or more registrars must certify the petitions and follow other rules as per administrative regulations 950 CMR 55 (M.G.L.A. By this means, an act of the legislature can be overturned in a kind of popular veto. Art. The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters. What is on each petition: The statement written by the secretary of state and the full text of the measure must be included (NDCC 16.1-01-09). Verification: Each signature is physically counted. Only one state does not require this type of action: Before a measure is placed on a ballot, states decide which election it will appear on, how the ballot title and summary are created and any time restrictions involved. St. 32-1414). For constitutional amendments, 8% of total vote for governor in last election in each of two-thirds of the state's congressional districts. Circulator requirements: Must be 18 years old and registered with the secretary of state. 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. Circulator requirements: Signed statement if paid and 18 years old (Cal.Elec.Code 104, 9022, 9610; Code.Civ.Proc. Canadians, in May 1980, defeated a proposal that would have forced the national government to negotiate sovereignty for the French-speaking province of Quebec. Amend. 2, 9). Art. Circulator requirements: Must be an elector (Const. Arizona (Const. III, 5(1)). Art. Number of signatures required: Not more than 5 % of the qualified electors, based on the total number of votes cast for governor at the last preceding gubernatorial elections (Const. Montana, Nebraska and New Mexico have two signature thresholds: The first is sufficient to trigger a referendum vote, and the second, higher amount triggers a referendum vote and also suspends operation of the law in question until the election. If petitions are insufficient, sponsors may circulate and file a supplementary petition within 10 days of the date that notice was given if 90 days have not expired after the adjournment of the legislative session at which the act was passed. Art. A recall is when a political committee petitions the electors of the state, county, city/town, or district to demand an officer be recalled based on a statement of grounds by the committee. (SDCL 2-1-3). There are two kinds of referenda: obligatory and optional. Utah: The governor must decide that two measures are in conflict (U.C.A. Nebraska: not less than 35% (Const. 1953, Const. II, 1b), Types allowed: Direct statutory and constitutional amendment initiatives, and popular referendum, Single subject rule: Yes (OK Const. Art. Proponent financial disclosure requirements: Must file a statement of organization within 20 days of becoming a committee (Mo.Rev.Stat. 1-45-103, 1-45-108.3, 1-45-111.5 1-45-117). 24, 1), Utah (U.C.A. 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). St. 32-1409). 169.234; 169.247). 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. Collected in-person: Yes (U.C.A. 1(3)). 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. * See also: 2011 N.D. Op.Atty.Gen. The ballot initiative, a form of direct democracy, is the process through which citizens exercise the power to place measures otherwise considered by state legislatures or local governments on statewide and local ballots for a public vote. Stat. Art. 6, Gen. Art. If a majority of electors vote to reject both, they both fail, though the preference vote between them is still voted and made public (MS Const. Get started for free! Const. Petition title and summary creation: Petition includes the title of the referred law (SDCL 2-1-3.1). Art. Where to file: Secretary of state (Const. 19, 2; Art. Circulators may not receive payment greater than $1 per signature. 4, 1, Pt. XVI, 4). A petition may only be rejected if two different sampling processes determine it does not have sufficient signatures. Art. Six% of the qualified electors at the time of the last general election in each of at least 18 legislative districts, out of 35 total districts. Rejected. V, 3 and OK Stat. Art. Where to file: Secretary of state (SDCL 2-1-3.1). Art. Art. II, 9(b) and Elec. Const. Law 6-103). Which election: At the next ensuing election held throughout the state for members of the U.S. House of Representatives (Const. 168.32). Code Ann. The secretary of state submits the title to the attorney general for approval when signed petitions are filed for verification. Circulator oaths or affidavits: Yes (V.A.M.S. 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. 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). 3; Const. Legislature or other government official review: The Legislative Research Council also provides written comments to the attorney general (SDCL 12-13-25; 12-13-25.1). 106.19, 100.371, 120.54), Who creates petitions: Approved by secretary of state (F.S.A. Timeline for collecting signatures: Not more than 24 months (A.R.S. 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. 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. Initiative. Proponents write title (M.G.L.A. II, 1g and ORC 3519.01). 7-9-105). One of three authorized people must submit a notice of withdrawal with the secretary of state. Code 9610). 53 22A and M.G.L.A. IV, 1(10). Circulator requirements: Idaho resident and at least 18 years of age (IC 34-1807). II, 1b; Art. Art. 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. 295.055; 295.009, North Dakota: NDCC, 16.1-01-07; 16.1-01-09, Ohio: OH Const. 7-9-111). North Dakota: The secretary of state reviews and if the office deems it insufficient, the committee of petitioners has 20 days to correct it. 21 1, Colorado: C.R.S.A. Art. 116.332). Const. Art. Art. Petition title and summary creation: Attorney general certifies submitted title and measure and summary by secretary of state, with attorney general oversight (M.G.L.A. 55, 22). Art. Paid per signature: No ban, but must state employer if paid (O.R.C. Withdrawal process of individual signature: Written statement at secretary of states office, mail a notarized statement to the office, or strike name through on petition (A.R.S. For constitutional amendments, 8% of total votes cast for all candidates for governor in last general election. 1953 20A-7-205). Colo. Const. Art. The secretary assigns an official serial number to the petition and assigns numbers to petitions in numerical sequence (ARS 19-111). 3, 8). 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. 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." All campaign finance activity must be conducted through a campaign finance entity. Art. 15, 273). Six states do not have a law governing conflicting measures: Florida, Illinois, Montana, Oregon, South Dakota and Wyoming. 7-9-114). Petition title and summary creation: Proponents draft (NRS 32-1405). Who creates petitions: A voter must print the petitions in the form approved by the secretary of state (21-A MRS 901). Information on states that restrict payment to circulators are below. Submission deadline of signatures: Sponsors must submit signatures no later than six months before the election and can only start collecting the day after the previous general election (V.A.M.S. Types allowed: Direction and indirect initiatives for statutes, and popular referendum, Single subject rule: Yes (RCWA Const. Question 3. Maine: If neither receives a majority, the one receiving the most votes, if it receives more than one-third of the votes given for or against both, will appear at the next statewide election to be held not less than 60 days after the vote (M.R.S.A. Art. Contributions in excess of $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. Art. Art. Art. Art. 19-119). Ballot title and summary: Proponents submit descriptive ballot title that is reviewed by attorney general (34 Okl.St.Ann. Art. Art. Rev. If fiscal in nature, the attorney general orders the budget director to prepare. III, 5). Art. Application process information: Proponents must submit a statement of the object of the measure and its full text to the secretary of state, along with a sworn list of their addresses and names (Neb. 100.371). Must also file with the secretary of state not less than four months before the election at which initiatives are to be voted on. 5, 5; M.G.L.A. Next succeeding election at which the question may be voted upon by the voters of the entire state. 2, Sec. Florida: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme court. 23-17-17; 23-17-19). 3, 5). Who creates petitions: Secretary of state (Neb.Rev.St. Evaluations done by lieutenant governor and Office of Legislative Research and General Counsel (U.C.A. 3519.16). 168.473b). 295.009). Disclosure reports must be filed 60 days before the election, on the 5th and 20th day of each month until the election, the 20th day of November after the election, and the 20th of January each year. Vote requirement for passage: Majority (Const. Verification: Submitted to local registrars of each signer two weeks before submission to secretary of state, who establishes regulations to verify. Art. Number of signatures required: 5% of the total vote cast for governor at the last election (Const. 1953 20A-7-212). Geographic distribution: None, but petition sheets are organized by county (A.R.S. Subject restrictions: Cannot be used on 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 (Const. Art. 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.

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