Timeline for taking effect: The date of the official declaration of the vote thereon by proclamation of the governor, but not later than thirty days after the vote has been canvassed (Const. II, 1g and ORC 3501.38). Art. Art. It must be accompanied by a notarized form including the names and addresses of the petition sponsors and the statement of organization provided at 12-27-6 (SDCL 2-1-3.1). Proponents may withdraw a measure at any time before filing the petition. Const. 48, Init., Pt. The results of the vote are then implemented by majority vote. III, 52(c); Wyo Stat. 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. Circulator oaths or affidavit required: Yes (Const. 1(6C) and (6D)). Art. To account for double-signing, the secretary will apply at least an 8 % duplication rate to the first sampling. Art. Disclosure reports must be filed 60 days before the election, on the fifth and 20th day of each month until the election, the 20th day of November after the election and the 20th of January each year. Petition for Initiative. 2, 1), Ballot title and summary: Attorney general (RCWA 29A.72.050), Time period restrictions before placed on the ballot: No additional statute. A report is also due no later than the 15th day after the deadline for filing the referendum petition (Mo.Rev.Stat. 19-123 and A.R.S. If 110 % or more, the petition passes. Art. Majority to pass: Sixty % majority required (F.S.A. 3, 5). 34-1809). Public review or notice: Secretary of state creates pamphlet with information and arguments and publishes the measures in newspapers leading up to the election. And no measure that names an individual to hold office or names private corporation to perform any function (Cal.Const. Art. Amend. 23-17-29). Submission deadline of signatures: Filed four months before election, and have been published in newspaper at least 30 days prior (Ark. States may have the direct initiative, the indirect initiative or the choice of either. Legislature or other government official review: Nonpartisan staff of general assembly prepare summary, analysis and fiscal review (C.R.S.A. 2, 10; N.R.S. 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. 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). Who can sign the petition: Electors of the state (OH Const. V, 1(3)). Repeal or change restrictions: No veto and only a majority of voters to overturn amendments, not 55 % (C.R.S.A. 116.332). Rev. 353, M.G.L.A. 2, 9; Const. Art. 5, 1). Art. 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706, Washington: RCWA 29A.32.010; 29A.32.031; 29A.32.040; 29A.32.070; 29A.32.080, Arkansas (Arkansas Const. 1953 20A-7-201). 3, 17(1)). II, 1b; Art. Art. Proponent organization and requirements: Must also file statement of organization (SDCL 12-27-6). It may be placed on a ballot and legislature has the right to place an opposing proposal on the ballot if they choose that they Summary of initiative, referendum and recall processes. These include filing reports and designating organization officers. 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. 901), Where to file with: Secretary of state (M.R.S.A. In some states, the official title of the legislation that is the subject of the referendum appears on the petition. Art. Geographic distribution: For indirect statutory initiatives, signatures must be collected from at least 44 of 88 counties, equaling 1.5 % of the votes cast for governor in each county in previous election. M.G.L.A. 295.300), Number of signatures required: Ten % of the votes cast in last general election (N.R.S. Art. 5, 1). Rev. 19, 3; N.R.S. Art. Circulator oaths or affidavits: Yes (O.R.C. Sponsor or group who receives contributions or spends over $500 for the passage or defeat of the referendum must file a statement of organization as a ballot question committee. 2, 10). 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. Const. IV, pt. Prepared by sponsor, approved by secretary of state. Circulator requirements: Must be age 18 or older and resident of Ohio (I.C. The secretary of state is prohibited by law from accepting for filing any referendum petition which interferes with the legislative prerogative contained in the Constitution of Nebraska that the necessary revenue of the state and its governmental subdivisions shall be raised by taxation in the manner as the legislature may direct. Law 6-203(b)). It is referred to the attorney general for approval (Mo.Rev.Stat. Art. Petitions must be submitted by 5 p.m. on or before the 90th day after the recess of the legislature, or if the 90th day is a weekend or holiday, by 5 p.m. on the preceding day that is not a weekend or holiday. Const. States have statutes covering conflicting or competing measures, the percent of the vote needed to pass a measure, and repeal or change restrictions. Rponses possible : a. Art. 5, 1; A.C.A. May remove no later than 120 days prior to the next general election. Rev. 34-1805), Geographic distribution: 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 (I.C. 3, 52). Attorney general writes title and summary if original is challenged in court (F.S.A. For constitutional amendments, 8 % of the total votes cast for all candidates for governor in the last general election (OR CONST Art. There has been one exception: The case Initiative and Referendum Institute v. Jaeger (2001) in North Dakota upheld the ban on paying per signature. 3, 2). General review of petition: Secretary of state, along with revisor of statutes, may reject petition application if it does not conform to drafting conventions for statutes (21-A M.R.S.A. Const. 1(3)). Which election is a measure on: Biennial regular general election (C.R.S.A. No amendatory law adopted in accordance with this provision shall be subject to referendum. 5, 1), Repeal or change restrictions: No veto by governor, and two-thirds vote by legislature may amend or repeal (Ark. Every state includes requirements for the circulators operating in the state. Const. Rev. VI, 1 and Utah Code 20A-7-102 and 20A-7-305). Art. 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). Attorney general writes title and summary if original is challenged in court. XI, 5 and AS 15.45.410). 116.332). 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. Rev. Art. Art. The official title of the bill that is subject to the referendum appears on the ballot. Another 10 states allow petition sponsors to draft the title and/or summary, in some cases with approval by a state official. The next statewide election unless the legislature or governor convenes a special election for it or the governor designates a vote at the primary election. 116.160; 116.180; 115.245; 116.210; 116.220). III, 52(b)). 19, 3) and summary statement drafted by proponents (NRS 295.009). Rule 2.79; Oklahoma Ethics Commission's Guide for Political Action Committees). Ballot title and summary: Attorney general (SDCL 12-13-1.1 and -9). 7-9-104; A.C.A. 1953 20A-7-206; 20A-7-206.3; 20A-7-207). Art. Laws 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. 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). Details: Every initiative state requires some form of public notice. Const. . The maximum number of signatures counted from any individual congressional district is one-fifth of the total number required. 14, 3), Which election is a measure on: General election (ILCS Const. 14, 9; Art. 2, 3; M.G.L.A. Circulator oaths or affidavit required: Yes. Const. Art. 19, 2; N.R.S. What is on each petition: Contains a summary of the subject matter, warning to signers and a statement as to paid circulators (Const. Art. Grounds for denial are improper form, insufficient sponsors, or more than 90 days have passed since adjournment of the session (AS 14.45.310). III, 5(1)). 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. 3, Sec. 168.471; 168.472). 3, 52). 5, 1), Other subject restrictions: No other statutes. A statement must be filed by a ballot issue committee supporting or opposing a measure not more than 35 days after the petition is filed (MCL 169.234). 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). Art. 1953, Const. IV, 1). Where to file with: Secretary of state (Neb. and the remainder of the required signatures shall be filed not later than the first Wednesday of the following December. After review by legislature, the second 0.5 % of signatures are to be collected between mid-May and July. Under the obligatory type, a statute or constitution requires that certain classes of legislative action be referred to a popular vote for approval or rejection. The secretary of state is directed to prescribe a form for this process (MCA 13-27-301(3)). California: Proponents may request review by secretary of state and from the Office of Legislative Council. Where to file: Secretary of state (Const. Legislature or other government official review: Proponents may get help drafting from Office of Legislative Council. Governor may veto a measure initiative by the people and passed by the legislature, but then it is referred to the people as a popular referendum (M.R.S.A. 23-17-43). 6), Collected in-person: Yes (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. Withdrawal of petition: May remove no later than 120 days prior to the next general election (SDCL 2-1-2.3). Art. Unlimited, but if number of filed signatures is deemed insufficient, sponsors have 30 days to collect more. Art. Timeline for taking effect: Once canvassing of votes is complete (N.R.S. Art. 5, 1; C.R.S.A. Const. Who creates petitions: Proponents with advising by attorney general (Cal.Elec.Code 9012), Fiscal review: Prepared by attorney general, department of finance and the legislative analyst office (Cal.Elec.Code 9005; Cal.Gov.Code 12172). 48, Init., Pt. Art. Art. Art. Illinois requires either 60 percent of those voting on the amendment itself or a majority of those voting in the election as a whole (ILCS Const. V, 1(3) and CRS 1-40-117. Art. Formal processes vary greatly, such as the requirement of a formal sworn statement in Missouri (V.A.M.S. 250.125). Submission deadline for signatures: No later than six months after the adjournment of the legislature which passed the act (Const. Which election: General election, or at a special election ordered by the general assembly (Const. Which election is a measure on: The next regular or general election occurring subsequent to the 125 days after filing signatures (OH Const. III, 2), Oklahoma (OK Const. Art. Get started for free! Art. Laws that relate to religion, religious practices or religious institutions; the appointment, qualification, tenure, removal or compensation of judges; the powers, creation or abolition of courts; the operation of a particular town, city or other political division or to particular districts or localities of the commonwealth; or the appropriation of money for the current or ordinary expenses of the commonwealth or for any of its departments, boards, commissions or institutions. The two samples must total at least 5 % of the signatures submitted. Petitions may be signed at any time after an act is passed and must be submitted by June 1. Submission deadline of signatures: Six months before the general election (ILCS Const. 116.030). 907; Const. Stat. Art. 3, 18 and 21-A M.R.S.A. Const. 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). Constitution 48, Init., Pt. Petitions must be submitted not later than 90 days after the final adjournment of the legislature; if that deadline falls on a Saturday, the office of the secretary of state must be open from 8 a.m. to 5 p.m.. Const. The Secretary of State's Office is currently operating on an appointment-only basis. Art. VI). 19, 3; Art. In 2002, NCSL published Initiative and Referendum in the 21st Century, an in-depth study on initiatives and referenda that includes recommendations for policymakers. 1-40-105). 6; Oklahomans for Modern Alcoholic Beverage Controls, Inc. v. Shelton, Okla., 501 P.2d 1089, 1972). 3, 52(c)(i)). Const. Petitions must be submitted to counties for verification four weeks before this deadline. Amend. 3, 52). Arizona (Const. 2, 1). Art. A statement of organization is required. II, 1g; O.R.C. Paid per signature: May be paid but not on number of petitions circulated or signatures obtained. 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). 3, 18 and 21-A M.R.S.A. 15, 273). Vote requirement for passage: Majority (Const. Who creates petitions: Secretary of state (N.R.S. If legislature amends, it does not go into effect until the original is rejected by the voters. 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. art. Where to file: Attorney general, then petition goes to secretary of state (Cal.Elec.Code 9001, 9004; Cal.Const. 250.045). If a second sampling is needed, an estimated duplication rate will be calculated. Statutes for petition contents for each state: Every state includes requirements for circulators operating in the state.