L-04, 2011 WL 1130010 (July 5, 2011). 23-17-5). 100.371), Geographic distribution: Signatures in each of one-half of the 27 congressional districts of the state (F.S.A. III, 5(2)). Stat. Art. Repeal or change restrictions: Two-thirds vote required to amend or repeal within seven years of effective date (Const. Art. If the petition is insufficient, the sponsors have 10 extra days to collect more signatures (OH Const. Statements of contributions and expenditures must be filed on Jan. 10, seven days before political party conventions, seven days before the primary, three days before public hearings, on Sept. 30 and seven days before the general election. VI, 1 and Utah Code 20A-7-102, Laws passed by a two-thirds vote of the members of each house, Const. Proponents must turn in sheets each month (O.R.S. Time period restrictions before placed on the ballot: There must be more than 180 days between the adjournment of the session during which the act was passed and the election at which it is considered (Const. They may also submit their own alternative ballot measure to the people if it is different but under the same subject area. 5 1; 7-9-122), Maine (M.R.S.A. III, 1). Circulator requirements: Age 18 (Neb. Paid per signature: Yes, "No law shall be passed to prohibit any person or persons from giving or receiving compensation for circulating petitions." Legislature reviews the measure as submitted to it by the proponents. 1-45-103, 1-45-108.3, 1-45-111.5 1-45-117, Maine: 21-A M.R.S.A. Missouri and Nebraska have unique signature requirements. Who can sign the petition: Legal voters (IC 34-1805 and -1814). Art. Circulator oaths or affidavits: Yes (34 Okl.St.Ann. Who creates petitions: Unclear who actually creates the petition, but it must be created according to a form prescribed by the secretary of state (NDCC 16.1-01-09). VI, Subpt. Verification: Secretary of the commonwealth is directed to establish "regulations designed to achieve and maintain accuracy, uniformity, and security" (MGL ch. Const. Cure period for insufficient signatures: None specified. Art. 2, 2; M.G.L.A. III, 2). Who creates petitions: Lieutenant governor provides a copy of the referendum petition and signature sheets; sponsors print additional copies (Utah Code 20A-7-304). County recorder or justice of the peace. Records must be kept of contributions and expenditures. Art. Does the law in question take effect before the referendum vote: Any measure referred to the people by referendum petition shall remain in abeyance until such vote is taken; the filing of a referendum petition against one or more items, sections or parts of any act shall not delay the remainder from becoming operative. Washington requires 60 percent approval for laws authorizing gambling or lotteries (Washington Const. III, 3 and MGL ch. Art. Eight% of votes cast for the office of governor at last regular gubernatorial election prior to submission of the signatures for verification. Code 100). If the petitions are approved and the signatures are valid, the proposal can be voted on. II, 1(d) and RCW 29A.72.030 and .160. Const. Cure period for insufficient signatures: If a petition is insufficient but has at least 75% of the required signatures in total and in each of at least 15 counties, secretary of state must permit at least 30 days to gather additional signatures (Const. Application process information: File with the secretary of state an application containing the act to be referred. The state's initiative, referendum, and recall processes. [Ballot] 3, 52(f)). Art. Alaska: 1959Arizona: 1912Arkansas: 1920California: 1911Colorado: 1910Idaho: Constitutional provision adopted1912, laws specifying mechanics adopted 1933Maine: 1908Maryland: 1915Massachusetts: 1917Michigan: 1908Missouri: 1908Montana: 1906Nebraska: 1912Nevada: 1904New Mexico: 1911North Dakota: 1914Ohio: 1912Oklahoma: 1907Oregon: 1902South Dakota: 1898Utah: 1900Washington 1912Wyoming: 1968, Four states have no restrictions on what sorts of laws can be subjected to the popular referendum: Arkansas, Idaho, Maine and North Dakota. Repeat measures: 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 (OK Const. Conflicting measures: If the governor believes that two approved laws, or parts laws, are entirely in conflict, they proclaim the measure to be law that has received the greatest number of affirmative votes (U.C.A. referendum and initiative, electoral devices by which voters may express their wishes with regard to government policy or proposed legislation. Acts making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act. Fiscal review: Office of Fiscal and Program Review prepares (1 M.R.S.A. Petition title and summary creation: Proponent with attorney general approval (A.C.A. 12, 2; M.C.L.A. Code 9010 et. 19, 2; American Civil Liberties Union of Nevada v. Loma [2006]; N.R.S. Disclosure of advertisements is required (ARS 19-925). For constitutional amendments, from 44 of 88 counties, signatures from 5% of the votes cast for governor in each county in the previous election. For constitutional amendments, a majority of voters at two consecutive elections (N.R.S. II, 1b and 1g; O.R.C. General review of petition: None other found. Who can sign the petition: Qualified electors of the state (34 OS 23). Const. Some states do not specify a method for verification. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments and popular referendum. * See also: 2011 N.D. Op.Atty.Gen. 19, 2), Ballot title and summary: Secretary of state, in consultation with the attorney general (N.R.S. The legislature has four months to pass the bill in amended or unchanged form. Massachusetts: at least 30% (Const. Allowed to pay another for their signature: Prohibited (NDCC 16.1-01-12). St. 32-1405). Same if an alternate measure is proposed (M.C.L.A. Types allowed: Citizen initiative for statutes and popular referendum, Other subject restrictions: No restrictions (Const. 54 53). 11 1 and 5). Filed within one year of receiving notice that petitions are ready. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient (Const. Submission deadline for signatures: 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 which is not a weekend or holiday (Const. Art. Art. CONST. 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. 295.009). The descriptive title, which is printed below the official title on the ballot, is written by the secretary of state with the approval of the attorney general (ARS 19-125). The attorney general reviews the ballot title after signed petitions are turned in (34 Okl.St.Ann. Must file quarterly reports. None specified for title, and summary "prepared by the person authorized by law. 12; 25). Petition title and summary creation: Original filing includes a summary written by sponsors; approved by attorney general (ORC 3519.01(B)). For statutory initiatives, 2% of residential population according to the last federal decennial census. Code Ann. They also randomly select signatures on each page and compare them to the electors' signatures in the registration records. 15, 273; Miss. III, 5(1) and MCA 13-27-301. Art. Which election is a measure on: Only regular state, congressional and municipal elections (Ark. Public review or notice: A public pamphlet includes the analysis prepared by the legislative council, arguments for and against and the fiscal statement. Art. Most states also include requirements for verifying the authenticity of signatures. Rule 2.79; Oklahoma Ethics Commission's Guide for Political Action Committees). Fourteen states do not have any process for withdrawal: Alaska, Arizona, Florida, Idaho, Maine, Massachusetts, Michigan, Mississippi, Montana, Nebraska, North Dakota, Utah, Washington and Wyoming. 3501.38; 3519.05, Oklahoma: OK Const. Idaho: Within 20 days after initial petition filing, attorney general reviews and recommends revisions in an advisory capacity. Attorney general drafts ballot titles and certifies statements. Who creates petitions: A voter must print the petitions in the form approved by the secretary of state (21-A MRS 901). V, 3 and OK Stat. Then the clerks verify the signatures; with a random sample of at least 500 or 5 % of the petition district's signatures. Number of signatures required: 10% of those who voted in the preceding general election (AS 15.45.370(2)(A)). Art. 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. Time period restrictions before placed on the ballot: At least 30 days must pass between the filing of the petition and the election (Const. Conflicting measures: The measure receiving the greatest number of affirmative votes becomes law (Ark. 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. Attorney general aids summary. 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. 905 and 1 M.R.S.A. 101.161). Circulator requirements: Resident,18 years old and paid circulators must wear badges (U.C.A. Art. Amend. Art. For constitutional amendments, 10% of votes cast for governor in last election. The filing of a referendum petition against any item, section, or part of any measure shall not prevent the remainder of such measure from becoming operative. Where to file: Attorney general (Elec. 250.029). A criminal records check is conducted (ORS 250.048). Art. 54, 22A, Missouri: Mo.Rev.Stat. 2; Neb. Arizona: Const. Secret ballot. The idea of referendums, recall, and initiative was one to give voters greater power over legislation and the lawmakers and politicians who served them. Lieutenant governor with assistance from attorney general, Secretary of state, approved by attorney general, Ark. If raising more than $5,000 in a year, the entity must register as a ballot question committee. Subject restrictions: Laws providing for tax levies, appropriations for the current expenses of the state government and state institutions and emergency laws necessary for the immediate preservation of the public peace, health or safety (OH Const. 250.105). Who writes this varies. Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures. 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. Where to file: Lieutenant governor (Const. Art. 3, 20 and 21-A MRSA 901). 4, 3; Constitution 48, Init., Pt. A petition for direct initiative that is approved by the secretary of state and submitted to the legislature must be afforded a public hearing conducted by the joint standing committee that has jurisdiction over the subject matter. Verified answer. Secretary of the commonwealth and attorney general jointly. 113 (Nov. 2020) as a reference. Must be 18 or older and a U.S. citizen (M.C.L.A. Which election: General election, or at a special election ordered by the general assembly (Const. (Const. II, 10). Which election is a measure on: Biennial regular general election (C.R.S.A. Secretary of state, revisor of statutes and attorney general, M.G.L.A. 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). The referendum may be obligatory or optional. General review of petition: Secretary of state reviews and processes the petition, along with the attorney general and the Supreme Court (34 Okl.St.Ann. Petition title and summary creation: Attorney general (Cal.Const. 2, 2; see also M.G.L.A. Timeline for taking effect: Once canvassing of votes is complete (N.R.S. VI, 1 and Utah Code 20A-7-102 and 20A-7-305). 48, Init., Pt. Art. Art. Submission deadline of signatures: Six months before the general election (ILCS Const. Art. Art. Repeat measures: Cannot be same as a measure at either of the two preceding biennial state elections (M.G.L.A. 187; Okl.St.Ann. Some things to consider as you begin to review. Who can sign the petition: Qualified electors (A.R.S. 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. Signatures must be submitted no later than 18 months after the petition form was furnished by the secretary of state, and each signature is only valid for one year. Art. Oregon requires the election as a whole to have had at least 50 percent voter turnout, but only requires a majority to pass (OR Rev. Amend. 21-A, ch. File a letter with secretary of state, signed by designated representatives, no later than 60 days prior to the election. Must be submitted by September, then December, and then possibly July (M.G.L.A. 2, 9; Const. 8). 24-22-403). Proponents must file reports of payments made to signature gatherers (IC 67-6612). Who creates petitions: Secretary of state designs the petition and the division of elections issues the actual petition to proponents (M.R.S.A. 23-17-41). In an example we calculated the variance and standard deviation for Location 1 of Gilotti's Pizzeria restaurants. C.R.S.A. Const. Cure period for insufficient signatures: If petition is insufficient, sponsors have 30 days to solicit and obtain additional signatures, submit proof to show that rejected signatures are valid, or make the petition more definite and certain (NMSA 1-17-12). 1(9) and A.R.S. States may limit the subject matter of ballot measures. Majority to pass: Yes (Ark. 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206). 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. 3, 2; NDCC, 16.1-01-17). II, 9(b)) and eligible registered voters (Elec. The legislature can provide for a different effective date with a two-thirds vote of the membership of each house (Const. Const. 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.

Heather Mitchell Radford University, Articles I