Circulator oaths or affidavits: Yes, and notarized (A.R.S. 3, 52(b) and Wyo. If statistical sampling shows that the number of valid signatures is between 95-110% of the number required, an examination and verification of signatures is conducted (Elec. Amend. Art. 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). North Dakota: The secretary of state reviews and if the office deems it insufficient, the committee of petitioners has 20 days to correct it. 5, 1). II, 1e). V, 2). Law 6-202). Where to file: Secretary of state (Const. Fiscal review: Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures (O.R.C. Art. Various forms of I&R have existed in the United States since the 17th century, beginning in New . 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. XI, 5). South Dakota has a unique statute regarding pay: may pay based on hourly wage or salary, express or implied minimum signature requirements for the circulator to meet, may terminate someone's employment if they do not meet "certain productivity requirements," and may pay discretionary bonuses based on reliability, longevity, and productivity. (SDCL 12-13-28). States decide how the ballot title and summary are created and any requirements for the wording of the measure on the ballot. II, 1g). Code 104). And within 30 days of the close of the first complete fiscal year after the effective date of an initiated measure approved by the voters, the agencies, institutions, or departments that provided the estimates of the fiscal impact of the measure to the legislative management under this section shall submit a report to the legislative council on the actual fiscal impact (NDCC Const. 116.332). Signers must be residents in at least three-fourths of the state house districts, and signatures in each house district must equal in number at least 7% of those who voted in the preceding general election, 3% of total votes cast for the office of governor from at least 15 counties. II, 1(d)). Must report contributions received if in excess of $20 and all expenditures quarterly in off-election years, on the first Monday in May and every two weeks thereafter before the primary election, on the first day of each month beginning with the sixth full month before a major election, on the first Monday in September and on each Monday every two weeks thereafter before the major election, and thirty days after the major election (CRS 1-45-108). V, 1(6) and C.R.S. 3503.06). 2, Sec. Utah: The governor must decide that two measures are in conflict (U.C.A. Art. Art. Reports of contributions and expenditures are due on a quarterly basis. General review of petition: The Citizens' Initiative Review Commission reviews measures and may create a citizen panel to review specific ones (O.R.S. Paid per signature: May be paid (Ark. Titles 16 and 19), prior to beginning any . Art. All states require proponents of a popular referendum to follow guidelines. II, 1c). And attorney general reviews legality (MCA 13-27-202; 13-27-312; 13-27-402). V, 3 and OK Stat. 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 (Const. Art. Which election: Biennial general election (Const. Number of signatures required: For constitutional amendments, 10 % of the votes cast for governor in the last election. If paid, must also register with the secretary of state and take training program (O.R.S. 116.130). Const. Code 23-17-37), Thirty-five percent in Nebraska (Ne.Rev.St. Timeline for taking effect: An act rejected by referendum is void 30 days after certification. 19-112), Colorado (Const. Code 103 and 9602). 5, 2; 34 Okl.St.Ann. What is on each petition: Full text of the measure, follow prescribed form, signatures, warning, fiscal impact and a simple statement of the gist of the proposition (OK Const. Circulator requirements: At least 18 years old and a qualified elector (34 Okl.St.Ann. Const. Petitions carried by paid circulators must be filed on a monthly basis. Number of signatures required: 6% of the total votes cast for the office of governor in the last election (OH Const. These may be accepted or rejected. Proponent organization and requirements: Application must designate a committee of three sponsors who will represent all sponsors and subscribers in matters relating to the referendum (AS 15.45.270). Secretary of state will choose one argument for and one against to print in the voter pamphlet, which is mailed to every household in the state (I.C. Art. The mayors of Detroit and Los Angeles were recalled in 1929 and 1938, respectively. 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. For constitutional amendments, generally take effect upon passage. Circulator oaths or affidavit required: Yes (ORS 250.045(10)). Withdrawal process of individual signature: Must do before submitted to secretary of state (NDCC, 16.1-01-09). 22-24-412, Within 90 days after the adjournment of the legislative session at which it was passed. South Dakota: The Legislative Research Council provides written comments to the attorney general (SDCL 12-13-25; 12-13-25.1). Const. Eighteen states require proponents to file application materials with the states secretary of state: Two states require proponents to file application materials with the lieutenant governor: Five states require proponents to file application materials with the attorney general: Four states require filing with another entity: None listed, but must register organization with board of elections. 12, 2; M.C.L.A. 353, 354). 15, 273). Art. Const. No statute found; used Prop. Art. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient. 116.180; V.A.M.S. Art. Art. II, 9). Art. 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. Art. Const. For direct measures, four months from the election (RCWA 29A.72.030). All of the chief petitioners must sign the form to withdraw (ORS 250.029). Law 7-103(c). VI, Subpt. For constitutional amendments, 10 % of votes cast for governor in last election (Ne.Rev.St. 295.015). 2, 24). Fifteen states follow a single-subject rule: Nine states do not have a single-subject rule: Arkansas, Idaho, Illinois, Maine, Massachusetts, Michigan, Mississippi, North Dakota and South Dakota. Proponent organization and requirements: Primary sponsors file names with secretary of state, and a principal circulator is listed (Neb. Circulator requirements: According to secretary of state's. (Const. Campaign statements must be filed by the 11th day before the election, the 30th day after the election, April 25 and July 25 every year and October 25 in odd-numbered years. 3, 9; 2011 N.D. Op.Atty.Gen. Updated on June 03, 2021. Ballot title and summary: The title of the statute or resolution must be set out on the ballot, and the question printed upon the ballot for the information of the voters must be as follows: Shall the statute (setting out its title) be approved? (NRS 295.045). 54 42A, 53; M.G.L.A. If both are approved, the one receiving the greatest number of affirmative votes prevails (34 Okl.St.Ann. 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. Circulator oaths or affidavit required: Yes (34 OS 6). 19, 2). The chief petitioners may withdraw at any time before submitting the total number of signatures for verification. Who creates petitions: The secretary of state prepares a "signature form (that) includes provisions for identification of the measure; the printed name, signature, and address of the committee member; and notarization of the signature" (NDCC, 16.1-01-07). 5 , 1; A.C.A. 168.474a; 168.486; 168.477; 168.3, V.A.M.S. Other states vary when it comes to restrictions, ranging from specific vote thresholds on certain topics to disallowing certain issues. Who creates petitions: Sponsors (A.C.A. Within three days of making an expenditure or receiving a contribution, a political committee must file a statement of organization and designate a treasurer. 3, 52(c) and Wyo. If they are passed there, they become law without the need for a popular vote. Art. 19-113). Art. Where to file: Secretary of state (Const. Prov., 3). Public review or notice: The secretary of state and county clerks post items to the secretary of states website and newspapers. 4, Pt. 218D.810; 293.267). V, 3). 6, 22), Other Subject restrictions: No restrictions (See U.C.A. 2, 9; Const. Law 6-207(c)). The maximum number of signatures counted from any individual congressional district is one-fifth of the total number required. Where to file: Secretary of state (Const. 23-17-21). Majority to pass: Yes (M.C.L.A. 295.056). 12, 2), Mississippi (MS Const. 353, M.G.L.A. 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. Collected in-person: Yes (Const. III, 6). Which election is a measure on: General election (F.S.A. Proponent organization and requirements: None specified. Code 107). To register as a paid circulator, in the past give years one cannot have been convicted of a crime involving fraud, forgery or identification theft in any state or be subject to a civil penalty due to an election offense. Timeline for taking effect: Upon publication of the certificate by the secretary of state of the result of the vote (Const. On the graphic below, select either Citizen Initiatives or Popular Referenda at the top of the map. General review of petition: For accuracy and fairness, the attorney general may rewrite arguments for or against prepared by legislature (5 ILCS 20/2). 1-40-134). Fiscal review: If the measure will have an effect on revenue, expenditures or the fiscal liability of the state, the attorney general orders the budget director to prepare one (MCA 13-27-312). Application process information: Petition as to be circulated is filed with secretary of state prior to circulation and must include the title of the referred law, the effective date, the date of the election at which it will be submitted. II, 10(a)). Collected in-person: Yes (N.R.S. In these states, sponsors gather a smaller number of signatures to reach the first stage of qualification and, once enough valid signatures are gathered to meet this threshold, the initiative goes before the state legislature. Majority to pass: Majority only, but the election must have at least 50 % voter turnout (OR CONST Art. Timeline for taking effect: First Tuesday after the first Monday in January following the election unless otherwise specified (F.S.A. Which election: General election (SDCL 2-1-17). Const. Public hearings are held in each congressional district (Neb. Are - working c. is looking for d. aren't investing 2. Circulator requirements: Must be Montana resident (MCA 13-27-102; 1-1-215), Circulator oaths or affidavits: Yes (MCA 13-27-302), Paid per signature: Cannot be paid based on the number of signatures collected but can be paid in general (MCA 13-27-102; 13-27-112). 295.009, Ohio: Const. Paid per signature: Circulators may be paid but not by the signature. Types allowed: Direct and indirect initiatives for statutes, and popular referendum, Single subject rule: Yes (U.C.A. These are all then submitted to the secretary of state (SDCL 12-13-25.1; 12-13-26). 4, Pt. 1953 20A-7-212). Art. What is on each petition: Petitions substantially follow the form found in U.C.A. Allowed to pay another for their signature: Prohibited (NDCC, 16.1-01-12). 295.015). 3, 2), Proponent organization and requirements: No additional. Withdrawal of petition: One of three authorized people must submit a notice of withdrawal with the secretary of state (N.R.S. II, 9(b) and Elec. Art. For indirect statutory initiatives, it is roughly 11 months and two weeks. 2, 8), Conflicting measures: Measure receiving more affirmative votes is enacted (Cal.Const. Art. 4, 1, Pt. Art. May only be attempted once every three years. Petition title and summary creation: Secretary of state and approved by attorney general (V.A.M.S. What is the difference between referendum and initiative. Number of signatures required: Three % of the votes cast for governor at the preceding biennial state election to submit to the legislature. II, 1b and 1g; O.R.C. 116.100. Withdrawal of petition: None, other than the limit of circulation is one year after the petition is approved by the secretary of state (NDCC, 16.1-01-09). 19-126), Majority to pass: Yes (A.R.S. Art. 15, 273). Time period restrictions before placed on the ballot: None. Where to file with: None, but state board of elections certifies signatures (5 ILCS 20/2a). ", Miss. Must be 18 or older and a U.S. citizen (M.C.L.A. 11 3). V, 3 and OK Stat. Law 16-401(a)(1)). Art. 1953, Const. Art. Circulator requirements: Must be age 18 or older and resident of Ohio (I.C. IV, pt. VI, Subpt. 100.371). Art. 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. Art. Art. Withdrawal process of individual signature: A registered elector who signs a petition may withdraw his or her signature from the petition by filing a written request for such withdrawal with the secretary of state at any time on or before the day that the petition is filed with the secretary of state (CRS 1-40-109(3)). IV, 1(4)). 4, Pt. 130.110; 130.120; 130.029; 130.046; 130.041). What is on each petition: Must follow form per statute, include full text of the measure, follow paper requirements, and printing instructions and internet posting requirements (MCA 13-27-201; 13-27-202; 13-27-204; 13-27-207). Five years on any measure that is "substantially the same as that defeated by" the previous measure. Const. Washington: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. Code 9604). (Const. For amendments, 10 % of the total votes cast for governor (M.C.L.A. Art. Art. Several states require two officials to write or review the title and/or summary, given their importance to a ballot measure. This same process also applies to individual petition districts (NRS 293.1277). Art. Geographic distribution: None, but petition sheets are organized by county (A.R.S. 2, 1), Ballot title and summary: Attorney general (RCWA 29A.72.050), Time period restrictions before placed on the ballot: No additional statute. 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. Collected in-person: In the circulator's presence (V.A.M.S. 3519.03; 3519.01; 3519.062). Ballot title and summary: Ohio ballot board. 904-B), Number of signatures required: Ten % of the total votes cast for governor in the last gubernatorial election (M.R.S.A. 55 1, 6B, 7A, 18C, 18). Collected in-person: Yes (Neb. 22-24-416). Withdrawal of petition: Any time before the final submission of signatures, proponents may write to the secretary of state to withdraw (34 OS 8). Const. Cure period for insufficient signatures: If signatures are determined to be insufficient, an additional 10 days is allowed to gather additional signatures (Const. 34, 1, 4 and 8. Proponent organization and requirements: Application must contain the names and addresses of at least five sponsors, certification that each sponsor is a registered voter in Utah and has voted in a regular general election in the last three years, the notarized signature of each sponsor and a copy of the law (Utah Code 20A-7-302). Const. See Elec. Campaign statements must be filed by the 11th day before the election, the thirtieth day after the election, April 25 and July 25 every year, Oct. 25 in odd-numbered years. Must also provide a notarized list of names of proponents and a statement of organization. Art. Constitution 48, Pt. 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. U.C.A. Art. Const. Repeal or change restrictions: Governor may not veto. Circulator requirements: 18 years of age (NRS 32-629 and -1404). 15, 273), Ballot title and summary: Attorney general (Miss. For three years, measures can only be proposed again by signatures totaling 25%of total votes cast for governor last election, and special rule for competing measures. II, 18). Withdrawal process of individual signature: Not specified. 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). 2, 10), the legislature cannot change or alter measures on its own and must resubmit changes to the people unless the original measure passed by voters waived this requirement. Paid per signature: Prohibited (Const. 5, 1). 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. 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). Cal.Const. Subject restrictions: Laws necessary for the immediate preservation of the public peace, health, or safety are excluded (Const. Nine states (Arkansas, California, Missouri, Montana, North Dakota, Oklahoma, Oregon, Utah and Washington) also allow referenda on special election ballots. Art. XVI, 5(b) and Elec. Prepared by sponsor, approved by secretary of state. Recall, referendum and initiative processes are electoral devices used by citizens when they want to take part in government activities. 168.482; 168.544c). 6, Gen. Petitions with an incomplete or modified affidavit are invalid (Const. 11 3), Collected in-person: No direct statute (F.S.A. Timeline for taking effect: An act that is rejected is repealed effective the date the result of the canvass is filed by the secretary of state. 7-9-111). Six states do not have a law governing conflicting measures: Florida, Illinois, Montana, Oregon, South Dakota and Wyoming. Art. Withdrawal process of individual signature: A voter may have their signature removed by submitting a statement requesting such to the county clerk no later than the earlier of 14 days after the day the voter signs a statement requesting removal or 45 days after the clerk posts the voter's name under 20A-7-306(3)(c). Each signature page must contain the subject expressed in the title of the Act to be referred (ORS 250.045). Which election is a measure on: A referred measure may be voted upon at a statewide election or at a special election called by the governor (NDCC Const. Which election: Next general election at least 31 days after the measure qualifies or at a special statewide election held prior to that general election; the governor may call a special statewide election for the measure (Const. Const. 3, 6). Circulator oaths or affidavit required: Yes (Const. Rev. Submission deadline for signatures: No later than six months after the adjournment of the legislature which passed the act (Const. Verification: Random sampling of at least 5 % of signatures implemented by secretary of state. III, 4). XVI, 1; O.R.C. Must contain only subjects that are related or mutually dependent. 6, Gen. Const. Legislature or other government official review: Nonpartisan staff of general assembly prepare summary, analysis and fiscal review (C.R.S.A. 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. The Referendum is where the state legislators can deal with a problem by putting it on the ballot and letting the people vote it. 16.061). Subject restrictions: Prohibited subject areas include general appropriation laws; laws providing for the preservation of the public peace, health or safety; for the payment of the public debt or interest thereon, or the creation or funding of the same, except as in this constitution otherwise provided; for the maintenance of the public schools or state institutions, and local or special laws (Const. 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. 3517.01, .08, .10, .11, 12, .13, .20, .092, .093, .102, .105; O.H.R. Where to file with: Secretary of state (V.A.M.S. 4, Pt. 3, 50). Circulator requirements: Must be 18 years old, complete training from secretary of state and present specific identification to notary (C.R.S. 116.120). This bill would (concise description). Other subject restrictions: Limited to matters that can be enacted by legislation, and no measures that interfere with the legislatures ability to direct taxation of necessary revenues (Nebraska Const. Petitions are deemed invalid if signatures are gathered in violation (ORC 3501.381). The legislature can provide for a different effective date with a two-thirds vote of the membership of each house (Const. As in the case of the initiative and referendum, the recall process gives citizens a chance to practice grassroots democracy by removing elected officials who are disapproved of by a majority of voters. Ballot title and summary: Lieutenant governor drafts a title which is limited to 25 words and must indicate the general subject area of the act and a "proposition" of not more than 50 words for each section that gives a true and impartial summary of the act being referred (Const. Two-thirds vote (or majority after two years). Where to file: Not specified in statute; presumably with the State Board, since the Board is empowered to adopt regulations specifying how to file. Does the law in question take effect before the referendum vote: Not specified. The petition and affidavit are prescribed by the state board of elections and follow administrative rules (SDCL 2-1-1.1; 2-1-1.2; South Dakota Administrative Rules 5:02:08:07). 3, 1; Constitution 48, Init., Pt. III, 52(a) and Mo.Rev.Stat. 7-9-107). Repeat measures: May only be attempted once every three years (Ne.Rev.St. Proponents may withdraw a measure at any time before filing the petition. Const. 5, 1). 4, 1, Pt. 4, 1, Pt. Who can sign the petition: Electors (O.R.S. The attorney general may approve the title or revise as necessary to comply with the law (34 OS 8(H) and 9). County recorder or justice of the peace. Submission deadline of signatures: Must be 120 days before the election it is to be voted upon (NDCC Const.

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