Art. 53 7). Repeal or change restrictions: Legislature may propose alternative measure or initiate the standard process for amending the constitution (MS Const. Art. Attorney general drafts ballot titles and certifies statements. Can you integrate if function is not continuous? If a congressional district has 90 to 110 % of the needed valid signatures, every single signature will be verified to discern if it qualifies (V.A.M.S. Repeal or change restrictions: Governor may not veto. Art. Constitution 48, Init., Pt. 6). 3519.16). III, 3, Neb. 15, 273), Ballot title and summary: Attorney general (Miss. Petition title and summary creation: Within 15 days of the issuance of the certificate of review by the attorney general, petitioners file the measure with the secretary of state, who forwards it to the attorney general, who has 10 days to draft a title (IC 34-1809(2)). 15, 273). Art. Who creates petitions: Secretary of the commonwealth (Const. Law 6-205(d)). Circulator requirements: Age 18 (Neb. Otherwise, they may submit an alternative measure. Subject restrictions: Referendum shall not apply to dedications of revenue, to appropriations, to local or special legislation or to laws necessary for the immediate preservation of the public peace, health or safety (Const. c. the failure of Andrew Jackson to win the White House in 1824 What is a referendum and how does it work? Circulator requirements: Residency requirement struck down (Term Limits Leadership Council v. Clark [1997]; Miss. Repeal or change restrictions: Only laws that change vote requirements require a supermajority (OR CONST Art.II, 23; Art. For constitutional amendments, a majority of voters at two consecutive elections (N.R.S. 130.110; 130.120; 130.029; 130.046; 130.041, Nevada: N.R.S. Op. Art. Art II, 10 and Elec. Republic question Electors were asked whether they approved of: A proposed law: To alter the Constitution to establish the Commonwealth of Australia as a republic with the Queen and Governor-General being replaced by a President appointed by a two-thirds majority of the members of the Commonwealth Parliament. An act referred to the people that was in effect at the time of the election and is approved by the people remains in effect. St. 32-1409). Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. 48, Init., Pt. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient (Const. II, 1c and 1g; ORC 3519.16(F). Plurality and majority systems tend to 353, 354). Number of signatures required: 6% of total votes cast for the office of governor in the last general election (Const. 1(5)). 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)). Public review or notice: Secretary of state publicizes the measure in newspapers in every county and prepares a pamphlet that is mailed to every mailing address in the state (5 ILCS 20/2). V, 7). Art. Cure period for insufficient signatures: If the petitions were filed at least 165 days before the election and the submission deadline has not passed, and the signatures are deemed insufficient, petitioners may submit more signatures (OR Rev. 15, 273). Who can sign the petition: Registered voters of the state (ACA 7-9-103). Washington requires 60 percent approval for laws authorizing gambling or lotteries (Washington Const. Time period restrictions before placed on the ballot: If 60 days do not so intervene between submission of the petition and the date for holding the next state election, then such law shall be submitted to the people at the next following state election, unless in the meantime it shall have been repealed (Const. M.C.L.A. 72.050 and .060). (EXAMPLE) What was the name of the act passed for the Referendum? 2, 3), Proponent organization and requirements: Names and residences of first 10 signers in application appear on the ballot with the summary (M.G.L.A. 54, 22A, Missouri: Mo.Rev.Stat. The popular referendum is ameasure that appears on the ballot as a result of a voter petition drive andis similar to the initiative in that both are triggered by petitions, but there are important differences. III, 2; 4), Who can sign the petition: Registered voters (Ne.Rev.St. Art. Repeal or change restrictions: A measure approved by the electors may not be repealed or amended by the legislative assembly for seven years from its effective date, except by a two-thirds vote of the members elected to each house (NDCC Const. d. incumbency. 295.056). d. the secession of southern states in 1860. Art. Who creates petitions: Proponents can produce them but must follow form (RCWA 29A.72.100). Verification: By actual count (as opposed to random sampling), but this is not spelled out in statute. (Note: This provision was found unconstitutional in July 2020 by a Superior Court judge and was later affirmed Aug. 31, 2020 by the state supreme court. Referendums usually take place on election voting days. Const. Where to file with: Secretary of state (MCA 13-27-202). 295.009, Ohio: Const. Collected in-person: Yes (Elec. Out-of-state committees that make expenditures supporting or opposing ballot propositions in Washington are required to file reports. d. ten. 250.137; 250.139; 250.125; 250.067; 250.127). Art. Signatures must be submitted by 5 p.m. on the 90th day after final adjournment of the legislature (34 OS 8). 5, 1 and ACA 7-9-119). preferences of candidates, rather than the candidates' personalities. Prepared by chief legislative budget officer. 1(3)). Number of signatures required: For statutory initiatives, 8 % of legal voters that cast ballots for governor in the last election. 19, 2; Art. Five states impose an additional threshold. Wyoming: in excess of 50% (Const. 5, 5). 21 1 and A.R.S. Art. Collected in-person: Yes, in the presence of the circulator (IC 34-1807). Art. Art. Who can sign the petition: Qualified registered voters (Wyo. Art. Public review or notice: Secretary of state creates pamphlet with information and arguments and publishes the measures in newspapers leading up to the election. Withdrawal process of individual signature: Can file a request with the county clerk any time before the petition is filed (N.R.S. The second question was to determine whether two references in the Australian Constitution, which discriminated against Aboriginal people, should be removed. Circulator requirements: Must be 18 years old and registered with the secretary of state. Which of the following is true about voter registration? If fiscal in nature, the attorney general orders the budget director to prepare. Art. Circulator oaths or affidavit required: Yes (Const. If the legislature fails to enact the proposal as written, sponsors then go through a second stage of signature gathering. 3519.03; 3519.01; 3519.062; 3505.063). Art. Random sample process must require the random selection and verification of 500 signatures or 5% of the total signatures on the petition, whichever number is greater, to determine what percentage of the random sample is composed of signatures that are authorized by law to be counted. 19-119). 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. Ballot title and summary: The secretary of the state and attorney general (W.S.1977 22-24-317). 130.110; 130.120; 130.029; 130.046; 130.041). Rev. Art. II, 1g and ORC 3501.38). Political committees must file reports of contributions and expenditures. Withdrawal of petition: May be withdrawn no later than 120 days before the next general election if no less than two-thirds of the petition sponsors file such a request in writing with the secretary of state (SDCL 2-1-2.3). c. split-ticket voting. Referendum definition, the principle or practice of referring measures proposed or passed by a legislative body, head of state, etc., to the vote of the electorate for approval or rejection. Art. The state must essentially pick a point in time at which to capture a snapshot of the total number of registered voters. 5, 1). VI, Subpt. III, 52(a) and Mo.Rev.Stat. Both institutions have since been used freely in federal and cantonal matters. What is on each petition: Petition must include full and correct title and text of the law (Const. Preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in. Circulator requirements: 18 years of age (NRS 32-629 and -1404). St. 32-1405.01; 32-1405.02; 32-1413). Constitution 48, Init., Pt. 5, 1 and A.C.A. Photo identification requirement Which amendment ended poll taxes in 1964? V, 1(3)). Art. Timeline for taking effect: Takes effect five days after the official proclamation of the voter by the governor or the effective date specified in the proposed law, whichever is later (Utah Code 20A-7-311). A ballot question committee includes any person, located within or outside Arkansas, who receives contributions or makes expenditures for the purpose of expressly advocating the qualification, disqualification, passage or defeat of any ballot measure. 19-102), Fiscal review: Prepared by joint legislative budget committee staff (A.R.S. II, 1b), Types allowed: Direct statutory and constitutional amendment initiatives, and popular referendum, Single subject rule: Yes (OK Const. Withdrawal process of individual signature: A signature may be removed by the signer upon written application to the election authority with which the petition will be filed if the application is received by the election authority prior to the filing of that signature, or prior to the filing of that signature by the circulator who attested to that signature or by the sponsor of the petition, if it is concluded that the signature does not satisfy the requirements of this title (Elec. 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). 15, 273; Miss. c. electors. And secretary of state will hold public hearings at least 95 days before the election (O.R.S. Also, instead of being based on the date of the election, deadlines for filing popular referendum petitions are generally based either on the day the legislature adjourns or on the date the bill that is the subject of the referendum was signed by the governor. Which election: Regular general election, unless otherwise ordered by the legislative assembly (Const. Random sample of at least 500 or 5% of the signatures, whichever is greater. If paid, must also register with the secretary of state and take training program (O.R.S. Must file a statement of organization as a political committee within two weeks of organizing or within two weeks of the date the first contribution or expenditure is expected. Art. Subject restrictions: None (Const. Cannot have had a civil or criminal penalty for a violation of election code in the last five years; been convicted of treason or a felony and not restored civil rights; been convicted of any criminal offense involving fraud, forgery or identity theft. LXXIV, 2 and MGL ch. When a congressional election is held that does not coincide with a presidential election, it is called a, 4. VI, Subpt. Time period restrictions before placed on the ballot: No additional other than deadlines, Majority to pass: Yes (MT CONST Art. d. the unitary system. 3, Sec. Petition sheets also always include space for signatures. Less than 95 % accurate fails the petition, greater than 110 % qualifies, and between requires a check of every signature (Cal.Elec.Code 9030, 9031, 9033; Cal.Admin.Code 20530, 20531, 20532, 2054). 2, 1). 11 906(6)(B)). Subject restrictions: The following language applies to initiatives and may apply to referenda, 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" (Const. Law 7-103(c). The first statewide election held more than 180 days after adjournment of the session during which the act was passed, Regular election (state, congressional or municipal) or a special election called by proper official or when 15% of voters petition for one. 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. To account for double-signing, the secretary will apply at least an 8 % duplication rate to the first sampling. Circulator requirements: Must just be at least 18 years old (N.R.S. Regular election unless otherwise ordered by Legislative Assembly, and restrictions of four months prior to the general election. In political terminology, the initiative is a process that enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. Submission deadline of signatures: Must be 120 days before the election it is to be voted upon (NDCC Const. Resource Initiative and Referendum Overview and Resources 5, 1; M.G.L.A. 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. When a citizen turns eighteen, the state automatically registers most of them using drivers license and state ID information. Const. Art. Const. 53 7. Art. Which of the following is a method of limiting voter access? 8; 9). Who creates petitions: Petition filed by proponents is certified by attorney general, ballot board, and secretary of state (O.R.C. Code 107). 1953 20A-7-204). Art. After chance for comment by all legislators, the legislative council prepares an impartial analysis with description, background information and likely effects (A.R.S. Then, select a topic from the column at the left for comprehensive information or select a state in the map for state-specific information. Every state includes requirements for the circulators operating in the state. Signatures gathered in violation of these requirements are void (ARS 19-101(A)). 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 percent of signatures are to be collected between mid-May and July and must be submitted to the local registrars two weeks before submission to the secretary of state. 295.015). Art. For constitutional amendments, 10% of votes cast for governor in last election. 19, 3; Nev. Rev. Art. 37. In some states, the legislature or governor may order a special election for a measure. License petition entity must register with secretary of state and obtain license (C.R.S.A. Ballot title and summary: Attorney general (Elec. 100.371). Statewide general election, and 90 days before the first day of the legislative session and the first five measures make it on the ballot. 22-24-405). 34-1807), Circulator oaths or affidavits: Yes (I.C. 1-45-103, 1-45-108.3, 1-45-111.5 1-45-117). Why are caucuses used by some states in the nomination stage? 7-9-404; 405; 406; 407; 408; 409). For constitutional amendments, 8% of total votes cast for all candidates for governor in last general election. The referendum may be obligatory or optional. Const. Brexit is a portmanteau of the words British and exit that was coined to refer to the U.K.'s decision in a June 23, 2016, referendum to leave the European Union (EU). Members of the major political parties chose their own nominees. 23-17-43). 5, 11; Art. Who can sign the petition: Electors of the state (OH Const. Geographic distribution: A requirement for 5 % of the registered voters in two-fifths of the counties each was held unconstitutional, but that case was vacated because of an issue of standing (Neb. In which state is a citizen who wishes to vote not required to submit an application? Political committees must file a statement of organization. Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). XLVII, Pt. Other subject restrictions: Amendments that propose a tax or fee not in place in November 1994 require a two-thirds vote to pass (F.S.A. 3, 5). V, 1(3)). b. trial lawyers. The initiative and referendum process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. 19, 1 and NRS 295.045 and .056. XVI, 1; O.R.C. Art. Const. Petition title and summary creation: The title of the act subject to the petition appears on the petition (Utah Code 20A-7-303). Art. Const. Who creates petitions: A voter must print the petitions in the form approved by the secretary of state (21-A MRS 901). 250.045). Art. b. trial lawyers 3, 52(e) and Wyo. Circulator oaths or affidavit required: Yes (MCL 168.482 and .544c). 13, 1). Geographic distribution: 5% in each of two-thirds of the congressional districts (Const. 14, 3), Who can sign the petition: Registered Illinois voters (ILCS Const. This database contains state legislation related to the administration of elections introduced in 2011 through this year. Art. II, 9(b) and Elec. States with initiative or referendum - Ballotpedia 4, 1, Pt. Const. Art. 250.036). . If a referendum is filed against an emergency measure, it remains in effect until it is voted on by the people (Const. Clerks follow specific guidelines as to verification decisions in code. The secretary of state submits the title to the attorney general for approval when signed petitions are filed for verification. Note that all but two of these statesMaryland and New Mexicoalso have the initiative process. St. 32-1414). For statutes, the legislature may amend at any legislative session (U.C.A. Reports are monthly during election years and annually in nonelection years. Petition sponsors may not gather signatures without first forming a ballot issue committee. The referendum may be obligatory or optional. Stat. Art. It fails if under 90 % and qualifies if at least 100 % (N.R.S. 67-6602, 67-6607). Monthly reports are due on the 10th for any preceding month in which total contributions received or total expenditures made exceed $200. 11 5). Art. What does provisional mean in voting? Must be 18 or older and a U.S. citizen (M.C.L.A. 2, 2; see also M.G.L.A. Proponent financial disclosure requirements: Include but are not limited to contribution limits and reports (F.S.A. Art. A petition may only be rejected if two different sampling processes determine it does not have sufficient signatures. Public hearings are held in each congressional district (Neb. CONST. Application process information: Must file petition form draft that must contain an enacting clause and the full text of the measure no later than six months before election (V.A.M.S. A committee must be formed upon the occurrence of any of the following in a calendar year: receiving $2,000 or more in contributions, , making independent expenditures totaling $1,000 or more or making contributions totaling $10,000 or more. Cure period for insufficient signatures: None specified. 19-123), General review of petition: Proponents may submit proposed bill to director of the legislative council for review (A.R.S. When does public opinion polling take place during a campaign? 106.19, 100.371, 120.54), Who creates petitions: Approved by secretary of state (F.S.A. Art. Art. Ballot title and summary: Ballot language is drafted by the Ohio Ballot Board (Const. Majority to pass: A majority of votes cast on the measure and not less than 40 % of total votes cast at the election. The ballot title may be distinct from the title of the law that is the subject of the petition (Utah Code 20A-7-308). Const. The post-World War II constitutions of France and Italy made popular referenda obligatory for constitutional amendments. II, 1a; 1b; 1g; O.R.C. Some states place restrictions on how sponsors may pay petition circulators. Art. A referendum usually asks a question or questions to which all eligible electors must vote either yes or no. Const. Which election: Regular election (State, congressional, or municipal) or a special election called by proper official or when 15% of voters petition for one (Const. Circulator requirements: Legal voter (RCWA 29A.72.120). Const. 4, 1, Pt. Massachusetts (M.G.L.A. 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. See also 21-A MRS 904-A, the repealed provision that prohibited payment per signature. a. the current officeholder, running for re-election 19, 1). 1953 20A-7-207; 20A-7-209; 20A-6-107). 48, Pt. Other subject restrictions: Cannot stop emergency laws passed by the legislature or appropriations to support state departments or institutions (NDCC Const. The secretary of state shall not accept for filing any initiative or 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 (NRS 32-1408). Timeline for taking effect: Upon publication of the certificate by the secretary of state of the result of the vote (Const. 3, 51; V.A.M.S. XVI, 2). Number of signatures required: 3% of the whole number of votes cast for governor at the preceding election (Const. III, 52(b)). 1953 20A-7-203). $100; refunded if application is properly filed, Const. Twenty-three states have popular referendum processes. II, 1g). 1953 20A-7-211). Out-of-state committees that make expenditures supporting or opposing ballot propositions in Washington are required to file reports (RCW 42.17A.250). Revised statutes now require that signatures be equally collected among all the petition districts (congressional districts). 19, 2). The result that is produced when voters cast a ballot for the president and then automatically vote for the c. Shaw v. Reno Art. What is a referendum question? - Atheists for human rights Art. II, 1(d) and RCW 29A.72.030). Const. d. the C-SPAN dance. What is a referendum quizlet? Petition title and summary creation: Attorney general (Elec. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments and popular referendum. Art. 293.1276 to 293.1279). Sponsors of advertising must file a report within 24 hours of the time the advertisement is published, mailed or otherwise revealed to the public if the advertisement qualifies as an independent expenditure or has a fair market value or actual cost of $1,000 or more (RCW 42.17A.260). A petition organizer must register with the secretary of state. Geographic distribution: The maximum number of signatures counted from any individual congressional district is one-fifth of the total number required (MS Const. Art. Art. 19, 2; American Civil Liberties Union of Nevada v. Loma (2006); N.R.S. Art. Const. Art. 3, 17(3)). Timeline for taking effect: Thirty days after the election (Const. Allowed to pay another for their signature: Prohibited (SDCL 12-26-15). During the time between passage and the popular vote, the law may not take effect. 3, 50). This bill would (concise description). Who creates petitions: Secretary of state prepares an official template for the cover sheet and signature sheets for each petition (ORS 250.052). Four states require a filing fee in statute. Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies. Submission deadline for signatures: No later than 5 p.m. 90 days after the final adjournment of the legislative session (Const. 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. 1953 20A-7-206). Verification: Random sampling (CRS 1-40-116). 22-24-306 (W.S.1977 22-24-314). Where to file with: Secretary of state (NDCC Const. 15, 273). Const. Art. Art. Art. . 19-113). Paid circulators must, prior to circulating petitions, sign a statement certifying they acknowledge that it is a misdemeanor to allow signatures on a petition to be used for any purpose other than qualifying a measure for the ballot (Elec. a. personal wealth that a candidate uses. Proponents must turn in sheets each month (O.R.S. For citation information, please contact the NCSL Elections and Redistricting team. Law 6-103). Art. Art. Ballot title and summary: Secretary of state drafts ballot language statements that fairly and accurately explain what a vote for and what a vote against the measure represent, approved by attorney general (Mo.Rev.Stat. 2; 21 Okl.St.Ann. Petition title and summary creation: Secretary of state and approved by attorney general (V.A.M.S. III, 4). Oregon: The Citizens' Initiative Review Commission reviews measures and may create a citizen panel to review specific items. Petitions must be filed within 90 days after the adjournment of the legislative session at which the act was passed. 3501.38; 3519.05, Oklahoma: OK Const. 250.045; 260.035; 260.054, South Dakota: SDCL 12-27-22; SDCL 12-27-3, Utah: U.C.A. Art. Details on who or which offices writes the title and summary are listed below. Any time more than 70 days before the election, a majority of the committee members may withdraw the petition by writing to the secretary of state. 116.334), What is on each petition: Full text of the measure, all language that the measure removes and all new language, warning, county, affidavit, notary public seal, all in form prescribed (V.A.M.S. Every state requires or offers some type of review in addition to fiscal statements. What distinguishes a ballot initiative from a referendum quizlet? What is a recall election quizlet? Paid per signature: Yes (CRS 1-40-135(2). 3519.16. Original geographical requirement found unconstitutional. Two years for collection, and deadline of four months prior to the general election. Each county board certifies the signatures for their county, and the secretary of state verifies the second round of petition signatures for indirect statutory initiatives (OH Const. Law 6-203(b)). Art. 3519.01). Code 104). 116.320). III, 5). Must report on Jan. 15 of an election year all expenditures in excess of $1,000 or cumulative expenditures to one recipient in excess of $1,000 in the previous calendar year. 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. 1-45-103, 1-45-108.3, 1-45-111.5 1-45-117, Maine: 21-A M.R.S.A. Art. Art. 1953 20A-7-205; 20A-2-105). 32-1401; 32-1405; 32-628; 32-1403). * See also: 2011 N.D. Op.Atty.Gen. V, 3 and 34 OS 1, 4 and 8). 22-24-416, First statewide election held more than 180 days after adjournment of the legislative session. II, 1g; Art. 6), Collected in-person: Yes (34 Okl.St.Ann. Only regular state, congressional and municipal elections, and filed at least four months before election. Referendum and initiative | Definition, Forms, History, & Facts 11 3), Who can sign the petition: Registered voter in the county in which the petition circulates (F.S.A. The majority system Ban struck down by courts (RCWA 29A.84.280; LIMIT v. Maleng, 1994).
what is a referendum quizlet