what is a referendum quizlet
Petition title and summary creation: Prepared by sponsor, approved by secretary of state. Timeline for taking effect: 30 days after the election (Const. Timeline for collecting signatures: If the petitions were filed at least 165 days before the election and the signatures are deemed insufficient, they may collect more (O.R.S. Art. Where to file with: Lieutenant governor (U.C.A. Const. 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. 3, 4; Art. 3, 1 and SDCL 2-1-1 and 2-1-5). Legislature reviews the measure as submitted to it by the proponents. Art. c. political parties Circulator oaths or affidavit required: Yes (Const. Types allowed: Direct initiative for statute and constitutional amendment, and popular referendum, Single subject rule: Yes (Ne.Rev.St. 5, 1). 1-40-105). What was the question asked in the 1967 referendum? Most states only allow an individual to withdraw a signature before the official filing of the petitions. were members of a single minority group, in order to ensure minority representation, was not If signatures are determined to be insufficient, an additional 10 days is allowed to gather more signatures. Money contributed directly to a political party, to be used for voter registration or party building, is Majority to pass: Yes, except two-thirds majority is need in the case of laws changing rules regarding the taking of (U.C.A. For constitutional amendment direct initiatives, the date is Sept. 1 of the year preceding the election year (N.R.S. 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. Art. 19, 1). Members of the major political parties chose their own nominees. Amend. Const. Allowed to pay another for their signature: Prohibited (Elec. Which is an argument against the process of direct democracy? 1953 20A-7-202). IV, 1). Circulator requirements: Maine resident who is a registered voter (21-A MRSA 903-A), Circulator oaths or affidavits: Yes (M.R.S.A. Arizona: A.R.S. II, 1(d)). III, 3 and NRS 32-1407). Rev. General review of petition: The Citizens' Initiative Review Commission reviews measures and may create a citizen panel to review specific ones (O.R.S. Proponent organization and requirements: Lists of circulators and notaries who notarized the petition sections must be filed with the secretary of state. Which election is a measure on: Next general election or a special election if ordered by the legislature (RCWA Const. Art. 116.100). Art. 6, 1). Additional reports are due on the third Wednesday in January of each year the committee continues in existence. Const. d. It is the process by which a party selects its candidates for the general election c 8. III, 52(a) and Mo.Rev.Stat. IV, 1). 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. 23-17-49). 116.332). Art. An initiative may be direct (a proposal supported by the required number of voters is submitted directly to a popular vote for decision) or indirect (the proposal is submitted to the legislature). 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706). 116.153). Const. 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. St. 32-1405; 32-1406). concerning (statement of subject) and voters have filed a sufficient referendum petition on this bill. 19, 1 and NRS 293.12757). Types allowed: Citizen initiative for statutes and popular referendum, Other subject restrictions: No restrictions (Const. Art. 7-9-111. Timeline for taking effect: On and after the 30th day after it the initiative was approved by voters unless otherwise specified (RCWA Const. How long a citizen must reside in a state before becoming eligible to vote. Art. Submission deadline of signatures: Must be 120 days before the election it is to be voted upon (NDCC Const. 1-40-123), Majority to pass: Amendments require 55 % (C.R.S.A. VI, 1 and Utah Code 20A-7-102, Laws passed by a two-thirds vote of the members of each house, Const. a. Final deadline (this is for counties to transmit verified petitions to the secretary of state) is not less than 120 days before the next general election (Const. Amend. 5, 1). Public review or notice: A public pamphlet includes the analysis prepared by the legislative council, arguments for and against and the fiscal statement. 1953 20A-7-206). c. was forbidden by the Campaign Reform Act of 1974. 5, 1; C.R.S.A. 19-124). 901 and 1 M.R.S.A. Committees in support or opposition to a ballot measure are treated the same as political action committees. Art. Unclear; the statute describing the titling process by the attorney general specifically mentions initiative measures and constitutional initiatives but does not mention popular referenda. 907; Const. Const. 4, Pt. Random sample of at least 500 or 5% of the signatures, whichever is greater. 1953 20A-7-201). Evaluations done by lieutenant governor and Office of Legislative Research and General Counsel (U.C.A. Petition title and summary creation: The secretary of state (W.S.1977 22-24-310). 19, 2; N.R.S. Denial of certification shall be subject to judicial review (Const. 6, Sec. Types allowed: Indirect citizen initiative for statutes and amendments and popular referendum. 2, 9; Const. Most state statutes include some type of sampling, such as in the cases of Arizona (A.R.S. Ten % for amendments (Ark. Collected in-person: Yes (O.R.C. Which describes one of Oregons voting registration policies? Timeline for taking effect: 30th day after the election at which it was passed (Const. All of the chief petitioners must sign the form to withdraw (ORS 250.029). 7-9-601; A.C.A. Const. Verification: Random sampling of at least 5 % of signatures implemented by secretary of state. These serve as the ballot title. Art. Art. Art. III, 3 and 4). One moose, two moose. Verification: Secretary of the commonwealth is directed to establish "regulations designed to achieve and maintain accuracy, uniformity, and security" (MGL ch. 106.19, 100.371, 120.54), Who creates petitions: Approved by secretary of state (F.S.A. (21-A M.R.S.A. 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. a. increases political corruption at the polling booths. Art. Art. Art. III, 5). Who can sign the petition: Any registered voter of Missouri, but each petition page can contain only signatures from one county (Mo.Rev.Stat. 5, 1), Repeal or change restrictions: No veto by governor, and two-thirds vote by legislature may amend or repeal (Ark. Submission deadline for signatures: Ninety days after the law is filed by the governor in the office of the secretary of state (Const. Art. Law 6-202). president? Code Ann. 7-9-105). b. Missouri and Nebraska have unique signature requirements. V.A.M.S. Some of the states also require signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional. Information page must contain description of subject and purpose of the petition, identification of sponsors, the required information relating to signatures and the required affidavit. Voter fatigue describes a possible cause of voter apathy, which are elections that are held too frequently. Art. Which election: Next general election (Const. For constitutional amendments, signatures must be gathered from 10% of qualified electors in each of two-fifths (40) of the state's 100 legislative districts. journalists or commentators. Const. Const. Where to file: Secretary of state (21-A MRS 901). This website uses cookies to improve your experience. Petitions must be submitted no later than 5 p.m. 90 days after the final adjournment of the legislative session. If you desire to vote against the retention of the act, mark X in the square opposite the words 'FOR REJECTION OF THE ACT. 6, Gen. Washington: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. Public review or notice: Able to attend meeting on petition application review, title board meetings, ballot information booklet prepared by legislative council (C.R.S.A. XVI, 1 and Elec. 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). Repeal or change restrictions: Two-thirds vote is required to amend or repeal a measure approved by a vote of the people (Cont. 11 5). Art. Ohio ballot board; proponents may suggest title. This bill would (concise description). III, 3). 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. Where to file with: Secretary of state (N.R.S. The ballot must include a clear and concise statement as to the effect of a yes or no vote. Art. 250.029). Repeal or change restrictions: No statute. States with geographic requirements using entities that are unequal in population, such as counties or even state legislative districts, are more likely to have the requirement challenged in court (for example, see Montana). 7-9-404). In the others, the measure goes directly to the ballot after it is submitted to the legislature. Who creates petitions: Secretary of state reviews the petitions (SDCL 2-1-1.1; SDCL 2-1-1.2). 1-40-111), Paid per signature: Allowed but must obtain license and training (CRS 1-40-135), Allowed to pay another for their signature: Prohibited (C.R.S.A. Timeline for taking effect: Thirty days after the Governor's proclamation of the results (Const. 250.045; 250.067; 250.035; 250.036; 250.075). Art. 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. Wyoming: Const. Law 6-103). The supervisor is paid 10 cents by the sponsor for every signature checked if they paid circulators (F.S.A. c. balloting Proponent financial disclosure requirements: Include but are not limited to contribution limits and reports (F.S.A. 49. 3, 17(3)). Art. Art. (21-A MRS 905). III, 6). Art. Cannot be same as a measure at either of the two preceding biennial state elections. 1(9) and A.R.S. Timeline for collecting signatures: For direct initiatives, six months to collect (submit proposed measure within 10 months with deadline to submit four months out from the general election). Fifteen% of total ballots cast in previous general election. States have rules in place to govern what legislatures or governors can do to citizen initiatives once they pass. 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. Cannot require an expenditure of money unless a sufficient tax is provided. Massachusetts (M.G.L.A. Who creates petitions: Sponsors (34 OS 1). Art. If attorney general does not approve the statement, he or she prepares one. 22-24-401). States vary in how they verify the collected signatures. Submission deadline for signatures: By midnight (NDCC 16.1-01-09(7)) within 90 days of the date the legislation was signed by the governor and filed with the secretary of state (Const. The other 19 states limit the subject matter of laws that the popular referendum can address. Timeline for taking effect: Effective upon the governor's proclamation of the vote (Const. Where to file: State Board of Election Commissioners (Const. Art. Rev. For direct constitutional amendments, it is nine months and three weeks. Other states vary when it comes to restrictions, ranging from specific vote thresholds on certain topics to disallowing certain issues. For collection, if the petitions were filed at least 165 days before the election and the signatures are deemed insufficient, they may collect more, and deadline of four months prior to the general election. This committee is responsible for preparing the arguments for the measure and any rebuttal arguments in the information pamphlet (MCS 13-27-402). b. the duel between Alexander Hamilton and Aaron Burr in 1803 25. 24 states have the popular referendum. 19, 2; N.R.S. Art. Next statewide or special election after the legislative session concludes sine die, and signatures submitted to appropriate state officials at least 10 days before submitted to secretary of state, which is the 50th day of the first regular session or the 25th day of the second regular session. Paid per signature: Yes (CRS 1-40-135(2). 14, 3). 295.0575), Allowed to pay another for their signature: Prohibited (N.R.S. III, 3). Repeal or change restrictions: Laws approved by the people under the referendum provision of this section may be amended by the legislature at any subsequent session thereof (Const. 5, 1), Who can sign the petition: Registered electors who will be eligible to vote on the measure (C.R.S.A. Art. Statutes for petition contents for each state: Every state includes requirements for circulators operating in the state. Petition title and summary creation: Attorney general (Cal.Const. Const. Note that all but two of these statesMaryland and New Mexicoalso have the initiative process. Const. Verification: By actual count (as opposed to random sampling), but this is not spelled out in statute. Who can sign the petition: Legal, registered voters (V.A.M.S. First, they tend to be much shorteran average of 90 days. ), Payment on a per-signature basis prohibited. 2, 10; Cal.Elec.Code 9004, Title board, comprised of secretary of state, attorney general and director of the office of legislative legal services. Timeline for collecting signatures: Eighteen months (V.A.M.S. Art. Art. Cure period for insufficient signatures: None. 2, 3), Michigan (M.C.L.A. Art. 16, 6; N.R.S. Some have been found to be unconstitutional, largely on one person, one vote grounds. Art. Art. IV, 1). 11 3), Collected in-person: No direct statute (F.S.A. Art. Other subject restrictions: No amendment may change more than one section, no appropriations, and no local or special laws (MT CONST Art. Art. Const. Number of signatures required: 8% of the active voters in the state on Jan. 1 following the last regular general election (Utah Code 20A-7-301(1)). May only amend structural and procedural subjects contained in Article IV. 3, 4; Art. Click here to contact our editorial staff, and click here to report an error. 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). Who creates petitions: Sponsors (RCW 29A.72.100). No registered sex offender may circulate a petition unless the person is in the employ of and under the immediate supervision of another person and under circumstances which preclude any contact with children. Reports of contributions and expenditures are due by the 15th of every April and October. 8). Which election is a measure on: The next regular or general election occurring subsequent to the 125 days after filing signatures (OH Const. The website cannot function properly without these cookies. Const. Vote requirement for passage: Majority (Const. Art. Time period restrictions before placed on the ballot: 125 days must pass after filing petition before election (OH Const. Nine states do not include a process in statute for an individual to withdraw his or her signature. It is unclear whether the following language in Nevada applies to popular referenda (provisions for which are included in the relevant article), or only to initiatives: This Article does not permit the proposal of any statute or statutory amendment which makes an appropriation or otherwise requires the expenditure of money, unless such statute or amendment also imposes a sufficient tax, not prohibited by the Constitution, or otherwise constitutionally provides for raising the necessary revenue.. Code 9014). 3, 1; SDCL 2-1-6). Party activists who are elected to vote at a party's national convention are called For instance, changes to the state constitution must be approved by voters before they can take effect. Washington, D.C. also has an initiative and referendum process at the districtwide level. Filing must include the description of the effect of the measure, the sponsor's name and signature (NRS 295.015). Const. XLVII , Pt. Indirect initiatives can require two rounds of signature gathering, so timelines and deadlines for these are more complex. b. group redistricting. Not all states allow direct democracy, nor does the United States government. 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). 116.030 and .050; includes warning to signers, bill number and title, circulator's affidavit, and full text of the measure. Withdrawal of petition: Proponents may withdraw a measure at any time before filing the petition (Elec. c. phone banks 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. Art. referendum and initiative, electoral devices by which voters may express their wishes with regard to government policy or proposed legislation. II, 9(b)). AB 45; 30). Where to file with: Division of Elections (F.S.A. Art. Art. Allowed to pay another for their signature: Prohibited (NDCC, 16.1-01-12). General election unless the legislature orders a special election. 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). M.G.L.A. Prepared by chief legislative budget officer. Must be on good quality of paper in form and manner approved by the secretary of state (IC 34-1804). 2, 3; M.G.L.A. Const. Ballot title and summary: Proponents submit descriptive ballot title that is reviewed by attorney general (34 Okl.St.Ann. Const. Section 51 (xxvi) of the Commonwealth Constitution stated that the Commonwealth could make laws for the "people of any race, other than the Aboriginal race in any state, for whom it is deemed necessary to make special laws.". 19-101(A), Maryland: Const. Art. III, 5). If 110 % or more, the petition passes. Verification: Sampling method that must include at least 10 % of signatures or more than 5,010 signatures, whichever is greater. A statement of organization is required. Split-ticket voting 18 allow for initiated constitutional amendments. 7-9-104; A.C.A. Conflicting measures: Measure receiving most affirmative votes prevails, even if it did not receive the greatest majority of affirmative votes (V.A.M.S. Which election: First statewide election held more than 180 days after adjournment of the legislative session (Const. Art. 101.161). Const. Number of signatures required: 5% of total votes cast for all candidates for secretary of state at the last general election (Const. A filing fee of $500 accompanies the application (W.S.1977 22-24-302; 22-24-303). Art. Art. Art. Art. II, 1b; Art. The following is not a legal, comprehensive list of every campaign finance law governing the referendum process in each state but is rather a basic summary and starting guide for where to find relevant statutes. 1953 20A-11-101; 20A-11-801; 20A-11-802; 20A-11-803). Constitution 48, Init., Pt. Art. 15, Sec. Fiscal review: Yes (W.S.1977 22-24-309). . Who can sign the petition: Qualified voters (M.G.L.A. Const. Withdrawal process of individual signature: None specified. A state-level method of direct legislation that gives voters a chance to approve or disapprove proposed legislation or a proposed constitutional amendment. Verification: The qualified voter file shall be used to determine the validity of petition signatures by verifying the registration of signers and the genuineness of signatures on petitions when the qualified voter file contains digitized signatures. When a change is proposed to the State or Commonwealth Constitution, a referendum is held to gauge the opinion of electors about the proposed change. 5, 1; C.R.S.A. 3, 19; 21-A MRSA 903-A, sub-4), Nebraska (Neb. 168.482). 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. Art. 10% of the votes cast in last general election, 10% of the total number of votes cast in the last general election, or 25% to suspend operation of the act until the election, 2% of the residential population according to the last federal decennial census, 6% of the total votes cast for the office of governor in the last election, 5% of votes cast for governor in the last election, 4% of the votes cast for all candidates for governor at the last election, 5% of the total votes cast for governor at the last election, 8% of the active voters in the state on Jan. 1 following the last regular general election, Const. 19, 3) and summary statement drafted by proponents (NRS 295.009). Statutes for petition contents for each state are: Individuals who physically gather signatures are referred to as circulators. Both institutions have since been used freely in federal and cantonal matters. Petitions must be filed within 90 days after the adjournment of the legislative session at which the act was passed. Provisional ballots are ballots cast by voters who: Believe they are registered to vote even though their names are not on the official voter registration list at the polling place. Where to file: Secretary of state (SDCL 2-1-3.1). Art. Prepared by the Office of Fiscal and Program Review. Constitution 48, Init., Pt. Rev. 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. Ten% of total votes cast in previous general election with geographic requirement, Ten% of votes cast for all candidates for governor in previous election for statutes; 15% for amendments, Eight% of the total number of legal voters for statutes; 10% for amendments, Five% of votes cast for governor in last election for statutes or ; 8% for amendments, Five% of votes cast for secretary of state in last election, Eight% of total votes cast statewide in last presidential election, Six% of qualified electors at the time of the last general election, Eight% of votes cast for governor in last gubernatorial election, Ten% of total votes cast for governor in last gubernatorial election, M.G.L.A. II, 9). Twenty-four states have citizen initiative processes. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers. 3, 52(e)) with the assistance of the attorney general (Wyo. 2, 1). II, 1c and 1g; ORC 3519.16(F). Art. Petition title and summary creation: The title of the act subject to the petition appears on the petition (Utah Code 20A-7-303). Ballot measure committees must file pre-primary, pre-general, year-end and, if applicable, supplemental reports in even-numbered years. 48, Init., Pt. Next general election held at least 131 days after signatures are certified. 5% of the whole number of votes cast for governor in the last election. Art. Art. Geographic distribution: 15% of the total vote cast in the last election in at least of two-thirds of counties (Const. Code 13-309). IV, 1(3)). Petition title and summary creation: Petition bears the title of the bill it seeks to repeal (Mo.Rev. Circulator requirements: Age 18 (Neb. Which election: Statewide or a special election called by the governor (Const. 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. Michigan: The director of elections, with the approval of the board of canvassers, prepares a statement of designation for the ballot. When the Supreme Court announced the principle of "one person, one vote," what did it mean? Art. II, 1g and O.R.C. 3519.22. 250.137; 250.139). III, 2; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. Only regular state, congressional and municipal elections, and filed at least four months before election. Art. II, 9). Art. 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). Art. Twenty-three states have popular referendum processes. The title of the act subject to the petition appears on the petition. Number of signatures required: For statutory, 5 % of total vote for governor in the last election in each of two-thirds of the state's congressional districts. Application process information: Proponents submit petition signed by 20 voters. Timeline for taking effect: The date of the governor's proclamation of the election results (IC 34-1813). 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. All citizen initiatives require the collection of a certain number of signatures, although states vary in the number of signatures and the baseline used to determine that number. Eight% of votes cast for the office of governor at last regular gubernatorial election prior to submission of the signatures for verification. Const. Majority to pass: Sixty % majority required (F.S.A. Const. 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. Const. Where to file with: Secretary of states office and attorney general (AR Const. Art. If statute petition is passed by the legislature, then it is subject to the referendum. The popular referendum was first introduced in the United States by South Dakota in 1898, and first used in 1906 in Oregon, two years after the first initiative was used in 1904, also in Oregon. Cure period for insufficient signatures: If a petition is insufficient, a period of 20 days is allowed for correction (Const. 3519.21; 3519.01; 3519.03), What is on each petition: Full copy of the title and text of the law, room for signatures and information of signers, a signed circulator statement, circulators name and address, name of employer of circulator, summary, attorney generals certification, a notice, and names of at least three of the committee members sponsoring the initiative (OH Const. IV, 1b). 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). Const.
