initiative referendum and recall are examples of quizlet

22-24-411). 353, 354). 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. Petition title and summary creation: Secretary of state, revisor of statutes and attorney general (21-A M.R.S.A. Art. Other subject restrictions: May not repeal/modify the state's Bill of Rights, amend/repeal provisions relating to the state's public employees' retirement system, amend/repeal right-to-work provision, or modify the initiative process, and special rules if includes expenditures (MS Const. 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. 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). 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. 16-119; None other found in 26 Okl.St.Ann). Stat. Time period restrictions before placed on the ballot: 180 days must pass after adjournment of the legislature and the election (Const. Collected in-person: Yes (W.S.1977 22-24-312). Ballot title and summary: Director of elections, with approval of state board of canvassers, drafts a statement of purpose of not more than 100 words for the ballot (MCL 168.32(2)). required vocational training programs for children. Proponents; a simple statement of the gist of the measure is included on the petition. Art. Application process information: A prospective petition must be filed with the secretary of state. Semiannual statements of contributions and expenditures are due July 31 and January 31 (Govt. May only be attempted once every three years. The following contribution and expenditure statements must be electronically filed: drafting statement, filed at the time approval is requested to circulate petition; circulating statement, filed at the time petitions are submitted for signature verification; pre-election statement, filed between the 39th and 31st day prior to the election; and year-end statement, filed by Jan. 31 of the year following the election. If the legislature does not enact the proposition, then proponents may collect the additional 5 % of signatures required to get the measure onto the ballot (U.C.A. Stat. Number of signatures required: 15% of the total ballots cast in the previous general election (Const. Proponent financial disclosure requirements: Include but may not be limited to being covered by the states campaign finance laws, must follow reporting rules, and file statement of organization (RCWA 42.17A.005; 42.17A; 42.17A.205). Art. Art. 1953, Const. Art. * See also: 2011 N.D. Op.Atty.Gen. 23-17-7; 23-17-9; 23-17-15, Proponents, approved or rewritten by attorney general, Proponent, with possibility of being amended by statute, Secretary of state and approved by the attorney general. 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. 130.110; 130.120; 130.029; 130.046; 130.041). 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. Art. VI, Subpt. All of the chief petitioners must sign the form to withdraw. Ballot issue committees must file reports of contributions and expenditures on or before the fourth and second Friday immediately preceding a general election and on or before the second Tuesday after a general election. Paid per signature: No ban, but must state employer if paid (O.R.C. Allowable uses of funds by ballot measure committees are specified at Elec. 168.472). Initiative Election: Referendum: Recall Election: Right of citizens to propose laws or amendments for approval or rejection by the voters. A referendum is defined as a general vote by a specific electorate over a specific political question. 2, 3; Const. 250.105). Art. III, 3 and NRS 32-1407). Must include full text of the measure, a ballot title and a popular name (A.C.A. Who can sign the petition: Qualified electors (Const. 23-17-49). The title of the bill being referred is included on the petition, and a simple statement of the gist of the measure is printed at the top of the petition (authorship is not specified). This practice was first adopted by the state of Connecticut in 1818, and by the 20th century it had become the prevailing way of changing constitutions. Two-thirds vote (or majority after seven years). 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. 1-40-108). Cannot be a person once convicted of, or who has pled guilty to crimes involving forgery, Criminal background check done for paid circulators with additional restrictions, Cannot in last five years have been convicted of a crime involving fraud, forgery, or identification theft or subject to a civil penalty due to an election offense. Withdrawal of petition: The chief petitioners may withdraw at any time before submitting the total number of signatures for verification. Secretary of state must establish by rule and collect filing fees (RCW 43.07.120). Which election: Next general election (Const. 5 Advantages and Disadvantages of Referendums - ConnectUS V, 3; 34 Okl.St.Ann. 2, 9; Const. Popular Referendum Overview. Oregon requires the election as a whole to have had at least 50 percent voter turnout, but only requires a majority to pass (OR Rev. Majority to pass: Yes (OH Const. 1b), Repeal or change restrictions: No veto by the governor (OH Const. Art. 8; 17). Art. 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. 19, 2). Art. General review of petition: None other found. Art. Code 18680. States include a range of requirements for petition contents including legal warnings, serial numbers provided by officials, notarization, date of the election the measure is to be voted upon, the measures full text, summary, the district or county where the signature was gathered, if the circulator is paid, fiscal statement abstract, affidavit of circulator, circulator information, rights of the potential signer, names of proponents or proponent organization, statement of the proponent organization and deadline for signatures. Allowed to pay another for their signature: Not specified. Public review or notice: At least seven public hearings are held on the propositions before circulation in designated regions. 1953, Const. Subject restrictions: The referendum shall not be applied to dedications of revenue, appropriations, local or special legislation, or to laws necessary for the immediate preservation of the public peace, health or safety (Const. Either way, the measure is put before the people (MS Const. Art. Verification: The secretary of state has 35 days to verify. Study with Quizlet and memorize flashcards containing terms like The initiative, referendum, and recall are examples of a. direct democracy. In all states, a qualified popular referendum may be placed on the ballot in a statewide general election. III, 3; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. 2, 1). 168.482; 168.544c, Mississippi: Miss. Art. Art. Number of signatures required: 5% of the total vote cast for governor at the last election (Const. May only amend structural and procedural subjects contained in Article IV. Art. Reports of contributions received, and expenditures made must be filed at least seven days before any primary, special or general election (Wyo. Majority to pass: Yes (OK Const. Pamphlet contains one-sentence statements describing the effect of a "yes" or "no" vote prepared jointly by the attorney general and the state secretary (M.G.L.A. Its success in 1978, despite the strong opposition of the governor, state legislature, and the bureaucracy, prompted tax revolts in several other states. Withdrawal process of individual signature: Signatures may be withdrawn up to the time of submission of the petition. Circulator requirements: Residency requirement struck down (Term Limits Leadership Council v. Clark [1997]; Miss. A petition may only be rejected if two different sampling processes determine it does not have sufficient signatures. Att'y Gen. No. They represent direct check on democracy as people can exercise their powers to accept or reject a piece of legislation. 2. . 901, 906; 1 M.R.S.A. Which election is a measure on: General election (I.C. Timeline for taking effect: For statutes, 10 days after the date of the official declaration of the vote, and for amendments, 45 days after election (M.C.L.A. Timeline for taking effect: Thirty days after the election unless otherwise provided in the act. Must be submitted to the local registrars two weeks before submission to secretary of state (M.G.L.A. Proponent organization and requirements: At most, three people are designated as the chief petitioners and state whether circulators will be paid or not (O.R.S. Several states require two officials to write or review the title and/or summary, given the importance of these items for a ballot measure. Timeline for collecting signatures: Once the petition is approved and a serial number is issued, sponsors have until 5 p.m. on the 90th day after the legislature session adjourns. Various forms of I&R have existed in the United States since the 17th century, beginning in New . Fiscal review: The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the secretary of state, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau (N.R.S. Const. 15, Sec. Reports are monthly during election years and annually in nonelection years. Art. Proponent organization and requirements: The sponsor of the bill who files with the secretary of state must appoint a three-member committee advocating approval of the ballot issue. Application process information: Application must be filed by 5 p.m. within five calendar days after the legislative session ends (Utah Code 20A-7-302). Only regular state, congressional and municipal elections, and filed at least four months before election. To do this, petitions have to be signed by a certain portion of the electorate, or voters. XVI, 5(b). For direct initiatives, 8% of the number of active voters in the state on Jan. 1 immediately following the last regular general election. Rev. II, 1c and ORC 3519.21). Initiativ e, Referendum and Recall Information The following is also provided in Spanish Lo siguiente tambin puede leerse en espaol. Repeat measures: More than two elections on the same general matter cannot be held within 12 months (NDCC, 16.1-01-11). Verification: Sampling method that must include at least 10 % of signatures or more than 5,010 signatures, whichever is greater. 116.332). What is on each petition: The petitions must have a copy of the bill, an impartial summary, a warning, space for signatures, and if the circulator is paid (W.S.1977 22-24-304; 22-24-310; 22-24-311). 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. Const. 1(9) and A.R.S. 3, 8). C.R.S.A. 2). Geographic distribution: None, but petition sheets are organized by county (A.R.S. 22-24-405). Legislature or other government official review: 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). Withdrawal of petition: Proponents may do so any time before measure qualifies for the ballot, 131 days before the general statewide election (Cal.Elec.Code 9033, 9604). There is a filing fee of $2,000, which is refunded if the measure qualifies for the ballot within two years (Const. Circulator oaths or affidavit required: Yes (Const. Verification: Direct initiatives are turned into the county clerk of the county in which the initiative packet was circulate. Seventeen states have subject matter limitations other than the single-subject rule: Dedicate revenue, repeal appropriations, create courts, define court rules or jurisdictions, or enact local or special legislation. Art. Fiscal review: The financial estimate committee will estimate costs and consult with the legislative revenue officer (O.R.S. 7-9-404). 16, 6; N.R.S. 168.471; 168.472. 1. Art. Art. Proponent financial disclosure requirements: In order to receive contributions or make expenditures in excess of $1,500 in a calendar year, must form a committee for political action and register with the secretary of state (NRS 294A.230). Art. Art. Who creates petitions: Secretary of state prepares a sample petition (MCA 13-27-202 and -205). A petition organizer must register with the secretary of state. Const. Art. 901), Massachusetts (M.G.L.A. Ballot measure committees must file pre-primary, pre-general, year-end and, if applicable, supplemental reports in even-numbered years. Aside from single-subject rules, seven states have no additional subject restrictions on what can be in initiatives: Arkansas, Colorado, Idaho, Oklahoma, Oregon, Utah and Washington. Timeline for collecting signatures: Signatures may be signed at any time after an act is passed (Const. The timelines for signature gathering for popular referenda differ significantly from those for initiatives. IV, 1(4)). Art. Committee must create a "top funders sheet" that is included as part of the petition. Art. 5, 6; 34 Okl.St.Ann. If the legislature fails to enact the proposal as written, sponsors then go through a second stage of signature gathering. June 22, 2022; a la carte wedding flowers chicago; . 3, 52). 4, Pt. Circulator requirements: Must be an elector and must be 18 or older (NDCC Const. Art. 250.045). 1(5)). Submission deadline for signatures: Within 90 days of the adjournment of the legislature which passed the law (SDCL 2-1-3.1). Circulator oaths or affidavits: Yes, and must be notarized (C.R.S. Art. CONST. 905-A and M.R.S.A. 3, 50; V.A.M.S. 3, 50; V.A.M.S. Petition title and summary creation: Secretary of state drafts a short and concise statement that fairly represents the proposal; approved by the attorney general (NDCC 16.1-01-09). Legislature may repeal statute with majority vote (Const. 4, Pt. Conflicting measures: The measure receiving a majority of the votes passes (RCWA Const. Code Ann. Art. Verification: Secretary of state verifies with help of county clerks. Collected in-person: Yes (Mo.Rev.Stat. Vote requirement for passage: Majority (Const. Original title of the act that is subject to the referendum is included (A.C.A. The circulator must also register with the secretary of state and complete a training program specified by the secretary (OR Rev. Code Ann. Paid per signature: Cannot pay based on signature total collected. General election, and signatures must be filed one year prior to the election. . 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. 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. Art. Code Ann. For constitutional amendment initiatives, 4% of resident population. 3, 6; NDCC 16.1-06-09; and NDCC 16.1-01-17). Ballot title and summary: The same title drafted by the title board in the pre-qualification stage is used on the ballot (CRS 1-40-106); there is not a summary on the ballot (CRS 1-40-115). XVII, 1; Art. Art. 5, 11; MACo v. The State of Montana, MT 267, 2017). If neither receives 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. V, 3 and OK Stat. Art. Does the law in question take effect before the referendum vote: Non-emergency laws subject to referendum do not take effect until 30 days after voter approval. 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. Where to file with: Secretary of state (NDCC Const. Art. If it passes, it becomes law. Rev. Arizona: A.R.S. Initiative is a legislative proposal that originates with the people. 53 7). Art. 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. St. 32-630 and -1404), Nevada (N.R.S. 295.0575), Circulator oaths or affidavits: Yes (N.R.S. Proponent financial disclosure requirements: Registration is required prior to making an expenditure for or against a ballot measure; group name must include the title or common name of the measure if the group intends to make more than 50% of its contributions or expenditures toward a single measure (AS 15.13.050).