initiative referendum and recall are examples of quizlet

Ark. Proponent financial disclosure requirements: There is a principal circulator whose information is publicly available upon request (NRS 32-1406). III, 2). Circulator requirements: According to secretary of state's. 116.030 and .050; includes warning to signers, bill number and title, circulator's affidavit, and full text of the measure. Amend. If the referendum question gains enough "yes" votes, then . Time period restrictions before placed on the ballot: There must be at least 31 days after the measure qualifies before the election (Const. 16-906, 16-926), Petition title and summary creation: Proponents, description not to be more than 200 words (A.R.S. Application process information: A petition requesting a referendum and suspension of the law must be signed by ten qualified voters and filed not more than 30 days after the law that is the subject of the petition has become law (Const. Petitions must be filed by 5 p.m. on the 90th day after the applicable legislative session adjourns sine die. Const. The legislature has the option to enact, defeat or amend the measure. Art. (Elec. Missouri: The secretary of State will furnish ballot statements explaining the effects of a no or yes vote for the measure, which will include whether it will increase, decrease or maintain taxes. Timeline for collecting signatures: Ninety days from the date marking the beginning circulation, as set by the secretary of state after public posting and chance for protest (34 Okl.St.Ann. Seven states impose explicit limits for how much time must pass before a measure is re-attempted, ranging from 12 months to five years: M.G.L.A. And no signature "collected prior to a November general election at which a governor is elected shall not be filed after the date of that November general election., MS Const. Art. Where to file with: Secretary of state (V.A.M.S. M.G.L.A. Stat. Public review or notice: Any voter or group on or before July 20 may file an argument of 500 words or less. III, 4). 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. 21 1, Colorado: C.R.S.A. Art. No filing fee is specified (Mo.Rev.Stat. 295.0575), Allowed to pay another for their signature: Prohibited (N.R.S. Code Ann. 34-1802). 34, 1, 4 and 8. II, 1g). Art. 14, 3). Art. 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. Majority to pass: Majority only, but the election must have at least 50 % voter turnout (OR CONST Art. 905-A; M.R.S.A. 250.045; 260.035; 260.054, South Dakota: SDCL 12-27-22; SDCL 12-27-3, Utah: U.C.A. What is on each petition: Petition includes original title of the act to be referred and a statement by signers. Const. 2, 3; Amend. Other subject restrictions: Cannot "pass a law 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" (OH Const. Application process information: Application containing the act to be referred and signed by at least 100 qualified voters is filed with the lieutenant governor. Art. 3, 52(e)) with the assistance of the attorney general (Wyo. On May 18, 1981, Italians resoundingly defeated a proposal to repeal a controversial 1978 abortion law, although the Catholic church had strenuously urged repeal. 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). 907; Const. Art. For an act passed less than 45 days before June 1, the first third of the required number of signatures must be submitted within 30 days of the act's passage, and the time for filing the additional required signatures is extended another 30 days (Const. Art. 3, 3; NDCC, 16.1-01-09). Repeal or change restrictions: Can only be changed by a vote of the people. 3, 4; Art. III, 3). This was held to be constitutional. Art. 3, 3; NDCC, 16.1-01-09), Ohio (Const, Art. Code 13-208 for statement of organization. Art. Circulator requirements: U.S. citizen and age 18 or older (10 ILCS 5/28-3), Circulator oaths or affidavits: Yes (10 ILCS 5/28-3), Allowed to pay another for their signature: No statute, Number of signatures required: Eight % of the votes cast for governor in the last gubernatorial election (ILCS Const. 6, 1). Art. 6, 10). XVI, 1; Art. Const. Art. The official title of the bill that is subject to the referendum appears on the ballot. 7-9-601; A.C.A. Const. Art. Art. 14, 11. Recall. Where to file: Lieutenant governor (Const. In April 1983, a recall vote to remove San Franciscos mayor Dianne Feinstein from office was overwhelmingly defeated. Application process information: Petitioners file a statement containing the object of the petition and the text of the measure with the secretary of state, together with a sworn statement containing the names and street addresses of every person, corporation or association sponsoring the petition (NRS 32-1405). NDCC Const. Any time before the final submission of signatures, the delegated proponents may write to the secretary of state to withdraw. Circulator requirements: 18 years old and a resident of South Dakota; 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 with preclude any contact with children (SDCL 12-1-32 through -34). 295.015). Must file a statement of organization as a political issues committee no later than seven days after receiving contributions or making expenditures totaling at least $750, and annually by 5 p.m. on Jan. 10 thereafter, unless it has filed a notice of dissolution. . If both are approved, the one receiving the greatest number of affirmative votes prevails (34 Okl.St.Ann. Art. Collected in-person: Yes (AS 15.45.340(a)). No statute found; used Term Limits Referendum (Nov. 1996) as a reference. For constitutional amendments, from 44 of 88 counties, signatures from 5 % of the votes cast for governor in each county in previous election (OH Const. Const. If the petition is insufficient, the sponsors have 10 extra days to collect more signatures. Art. Art. 4, 1, Pt. States may apply a single-subject rule or other restrictions. General review of petition: The secretary of state will furnish ballot statements explaining the effects of a no or yes vote for the measure, which will include whether it will increase, decrease or maintain taxes (V.A.M.S. No person shall qualify as a petition circulator who has been convicted of, found guilty of or pled guilty to an offense involving forgery under the laws of this state or an offense under the laws of any other jurisdiction if that offense would be considered forgery under the laws of this state (Mo.Rev.Stat. 3, 53. 23-17-5). Art. Art. Code 100). 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. Timeline for taking effect: When governor makes official declaration of vote but not later than 30 days after vote canvassing (C.R.S.A. In some states, the question is worded such that a yes vote is in favor of the law subject to referendum, while in others, a yes vote is in favor of repealing the law that is the subject of the referendum. Petitions must be submitted no later than 5 p.m. 90 days after the final adjournment of the legislative session. Can remove an elected representative from office. Art. Code Ann. General election, and signatures must be filed one year prior to the election. Art. 22-24-402). 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. 48, Init., Pt. Attorney general, after receiving written comments from the Legislative Research Council. What is on each petition: A copy of the act to be referred if the number of words is 500 or fewer; the statement of approval or rejection; a statement of the minimum costs to the state associated with certification of the application and review of the petition, excluding legal costs and costs associated with any challenge to the validity of the petition; an estimate of the cost to the state of voter approval or rejection; an impartial summary of the subject matter of the act; a statement of warning prescribed in AS 15.45.330; sufficient space for the printed name, numeric identifier, signature, date of signature, and address of each person signing the petition; and other specifications prescribed by the lieutenant governor to ensure proper handling and control (AS 15.45.320). The two samples must total at least 5 % of the signatures submitted. Some have been found to be unconstitutional, largely on one person, one vote grounds. Art. Allowed to pay another for their signature: Prohibited (Utah Code 20A-7-312(3)). Circulator oaths or affidavits: Yes, and must be notarized (C.R.S. Repeal or change restrictions: May repeal or alter a statute at any time. Subject restrictions: May not be applied to appropriations of money (Const. There must also be a five-person committee of those who favor rejection, comprised of individuals appointed by the governor, attorney general, president of the senate and speaker of the housethe fifth member is appointed by the four previous members. Art. Art. 2, 3), Who creates petitions: Secretary of state (M.G.L.A. For amendments, 10% of total votes cast for governor. II, 1b; O.R.C. Petition title and summary creation: Written by sponsors, approved by attorney general (Const. 5, 1). 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. Art. 4, Pt. III, 3). 100.371, 106.03; Rule 1S-2.009). (MGL ch. Rule 2.79; Oklahoma Ethics Commission's Guide for Political Action Committees, Oregon: O.R.S. One of three authorized people must submit a notice of withdrawal with the secretary of state. 3599.03, Oklahoma: 34 Okl.St.Ann. III, 3 and MGL ch. 19, 1). V, 1(3)). Oklahoma: Secretary of state reviews and processes the petition, along with the attorney general and the supreme court. Unclear; it seems likely that the same statement drafted by the secretary of state and approved by the attorney general for the petition also appears on the ballot, but this is not specified. Tit. Deadline of 120 days before election for amendments; 160 days before election and not less than 10 days before legislative session for statutes; and 180 days to collect. Art. Cannot have been found guilty of a criminal felony or a violation of election laws, fraud, forgery or identification theft, Cannot have been convicted of or pled guilty to crimes involving forgery. Art. 15, 273; Miss. Timeline for taking effect: Thirty days after it is enacted or approved by a majority of the votes cast (OR CONST Art. What is on each petition: The full text of the measure, match secretary of states template, be the correct color and state if the circulator is paid (O.R.S. The guidelines for the format and content of petitions vary by state. 218D.810; 293.267; 295.015; 293.252). Proponent organization and requirements: Each proponent must certify that s/he is a US citizen, at least 18 years old, and a resident of California, and must provide public contact information (Const. Art. ", Miss. 1051, 1052, 1052-A, 1053-B, 1054, 1054-A, 1055, 1055-A, 1056, 1056-A, 1056-B, 1057, 1058, 1059, 1060, 1062-A, 1062-B, Massachusetts: M.G.L.A. Paid per signature: Yes, and reporting is required (21-A MRS 903-A(5)). This committee is responsible for preparing the arguments for the measure and any rebuttal arguments in the information pamphlet (MCS 13-27-402). Some of these geographic distribution requirements have been found to be unconstitutional, largely on one person, one vote grounds. A recall is when a political committee petitions the electors of the state, county, city/town, or district to demand an officer be recalled based on a statement of grounds by the committee. General review of petition: None other found. Once this power is secured the other popular govern-ment features will be added, until conventions, the ready instru-mentality of the political dictator, will be abolished and the direct primary, corrupt practices act and recall will be established. If paid, must provide required information to secretary of state prior to collecting signatures (A.C.A. 250.036; OR CONST Art. Majority to pass: Majority and at least 50% of the total votes cast in the entire election (W.S.1977 22-2-117). Art. Amend. Art. Art. Where to file: Attorney general (Elec. Rev. II, 1 (b) and RCW 29A. Art. Art. Payment on a per-signature basis prohibited; bonuses based on reliability, longevity and productivity are permitted. St. 32-628), Allowed to pay another for their signature: Prohibited (Neb.Rev.St. Allowed to pay another for their signature: Prohibited (IC 34-1821). Withdrawal process of individual signature: Yes, before May 15, signer submits request to county clerk (U.C.A. 19, 2; Art. A referred measure may be voted upon at a statewide election or at a special election called by the governor. It is based on the principle that officeholders are agents of the popular will and should, therefore, be constantly subject to its control. Political committee must file a statement of organization. Art. II, 1g; Art. Art. Does the law in question take effect before the referendum vote: For the purposes of the second paragraph of Const. Constitution 48, Pt. What is on each petition: The format of the petition may be submitted to the chief election official of the appropriate election authority, in advance of filing the petition, for a determination of its sufficiency (Elec. 19-111; 19-124). Const. The legislature has four months to pass the bill in amended or unchanged form. Petition title and summary creation: Lieutenant governor (Const. 250.045; 250.067; 250.035; 250.036; 250.075. Who creates petitions: Sponsors (IC 34-1805). Maine: Secretary of state, along with revisor of statutes, may reject petition application if it does not conform to drafting conventions for statutes. Attorney general drafts ballot titles and certifies statements. Art. 3519.05; 3501.38; OH Const. Seven states require filing an initial number of signatures or registering of sponsors as part of an application to fully circulate an initiative: Four states require a filing fee in statute: RCWA 29A.72.010; 43.07.120; 29A.72.020; 29A.72.040. Who can sign the petition: Registered voters (A.C.A. Petition title and summary creation: Secretary of state provides serial number, and attorney general writes a title posed as a question and summary (Miss. 3519.01 and 3519.05(C). Art. concerning (statement of subject) and voters have filed a sufficient referendum petition on this bill. Circulator requirements: Paid circulators must register with the secretary of state and complete training. 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. If a congressional district has 90 % of the needed valid signatures, the petition fails in that district. Must be submitted to the local registrars two weeks before submission to secretary of state (M.G.L.A. Timeline for taking effect: On and after the 30th day after it the initiative was approved by voters unless otherwise specified (RCWA Const. The initiative process allows citizens to propose a new statute or constitutional amendment. In the United States, during the 1982 congressional elections, there were successful, nonbinding plebiscites in several states and municipalities on the issue of a nuclear weapon freeze. II, 1g and ORC 3519.16(F)). Where to file: Secretary of state (MCL 168.471). Art. 5, 1). 1051, 1052, 1052-A, 1053-B, 1054, 1054-A, 1055, 1055-A, 1056, 1056-A, 1056-B, 1057, 1058, 1059, 1060, 1062-A, 1062-B and the Commission on Governmental Ethics and Election Practices). If the legislature rejects the measure, the legislature may propose an alternative measure (with the approval of the governor), and it will appear on the ballot along with the original initiative. 3, 18), Who can sign the petition: Electors (M.R.S.A. 116.332). 24, 1). These states require that in addition to receiving a majority of the votes cast on the measure, those votes must be equal to or more than a specified percentage of the total votes cast in the election. 7-9-105). General election unless the legislature orders a special election. V, 1(6) and C.R.S. Submission deadline for signatures: June 1 (Const. Art. Art. Art. Petitions must be filed not more than 60 days after the final adjournment of the legislative session which passed the bill on which the referendum is demanded. III, 52(c); Wyo Stat. Who can sign the petition: Registered voters of the state (Const. 2, 2; M.G.L.A. Circulator oaths or affidavits: Yes (NDCC Const. And, in some states, the review is purely technical; the proposal is reviewed to ensure it meets the legal requirements for format and style and adheres to drafting conventions. 4, 1, Pt. Art. III, 2). 1). 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). Geographic distribution: Original geographical requirement found unconstitutional. III, 3 and NDCC 16.1-01-09(3)). Petition title and summary creation: The proponent writes a description of 200 words or less of the effect the measure would have if approved by voters (NRS 295.009). Proponent organization and requirements: The sponsor of the bill who files with the secretary of state must appoint a three-member committee advocating approval of the ballot issue. Const. 21 1). 8). 19, 2; Art. After translating an article, all tools except font up/font down will be disabled. Submission deadline of signatures: At least 30 days before Feb. 1 of the year of the general election that the measure is to be voted upon (F.S.A. 901, 906; 1 M.R.S.A. Art. 34-1809), Time period restrictions before placed on the ballot: Must file by the May before the election the measure is to be voted on (I.C. Eight% of votes cast for the office of governor at last regular gubernatorial election prior to submission of the signatures for verification. Withdrawal of petition: Chief petitioners may withdraw at any time before submitting the signatures for verification. 19, 2; American Civil Liberties Union of Nevada v. Loma (2006); N.R.S. The criteria for these requirements vary wildly. Submission deadline of signatures: 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 (MT CONST Art. Art. The recall allows residents to remove the person in office. Stat. Rule 2.36; Okl.St.Ann. What is on each petition: Petition must include the full text of the measure, the affidavit of the circulator (Const. 116.334). Art. Thirteen states require publication in a newspaper: Arizona, Arkansas, Florida, Illinois, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, Ohio, Oklahoma and Utah. 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. Ballot title and summary: Submitted to Board of Election Commissioners and then certified to the secretary of state (Ark. For direct initiatives, signatures must be submitted by April 15 immediately before the next general election (U.C.A. Const. Stat. Additional statements for ballot measure committees are due April 30 and Oct. 31 (Govt. Art. 1953 20A-7-202), Proponent organization and requirements: At least five sponsors must apply (U.C.A. Const. For constitutional amendments, generally take effect upon passage (Opinion of the Justices (1972) 287 N.E.2d 910, 362 Mass.

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