initiative referendum and recall are examples of quizlet

Where to file with: Attorney general (O.R.C. An optional random sampling process must be provided. Const. LXXXI, 4). 3, 52(b) and Wyo. Who creates petitions: Secretary of state (ORC 3519.05(C)). Referendum, however, is a measure submitted by the government to the people for their approval. Ballot title and summary: The official title of the bill that is subject to the referendum appears on the ballot. Proponent financial disclosure requirements: Sponsoring committee must file a statement of renumeration prior to circulating signatures if circulators will be paid (NDCC 16.1-01-12(1)(j)). Seventeen states have a statute in place noting that if two or more conflicting measures are on the same ballot, the measure receiving the most votes passes. The legislature has four months to pass the bill in amended or unchanged form. For amendments, 10 % of the total votes cast for governor (M.C.L.A. Conflicting measures: The measure with the most affirmative votes becomes law (NDCC Const. 4, Pt. II, 1g and ORC 3519.01). Choose a language from the menu above to view a computer-translated version of this page. 3519.01). 3519.03; 3519.01; 3519.062; 3505.063). Application process information: Sponsors draft petition and file with secretary of state (34 OS 1). If the petition is insufficient, the sponsors have 10 extra days to collect more signatures (OH Const. 4, Pt. The idea of referendums, recall, and initiative was one to give voters greater power over legislation and the lawmakers and politicians who served them. Proponent financial disclosure requirements: In order to receive contributions or make expenditures in excess of $1,500 in a calendar year, must form a committee for political action and register with the secretary of state (NRS 294A.230). LXXXI, 4). NCSL summarizes the results of the Feb. 21, 2023, special elections in Kentucky, New Hampshire, Virginia and Wisconsin. Where to file: Secretary of the commonwealth (Const. 21 1), and by 5 p.m. on final day (A.R.S. Number of signatures required: For statutory initiatives, 8 % of legal voters that cast ballots for governor in the last election. Committee must create a "top funders sheet" that is included as part of the petition (Elec. Art. V, 1), Collected in-person: Yes (A.C.A. XVI, 4 and Elec. Art. Number of signatures required: 10% of the voters who voted in the preceding general election (Const. Updated on June 03, 2021. Signature gathering begins on a date specified by the secretary of state and cannot be less than 15 or more than 30 days from the date when all appeals and rehearings have been resolved or have expired. Form of petition specified (M.C.L.A. III, 3). Stat. List of the Pros of Referendums. IV, pt. 6), Collected in-person: Yes (34 Okl.St.Ann. 53 22A and M.G.L.A. 48, Init., Pt. Art. It may be placed on a ballot and legislature has the right to place an opposing proposal on the ballot if they choose that they Summary of initiative, referendum and recall processes. Art. 113 (Nov. 2020) as a reference. Of course, in some of the above states, timelines concerning filing, signature gathering and deadlines for signatures and the indirect initiative process may impose limits not otherwise spelled out in statute. 2, 10; N.R.S. Petition title and summary creation: Petition bears the title of the bill it seeks to repeal (Mo.Rev. Subject restrictions: Laws immediately necessary for the preservation of the public peace, health, or safety, or for the support and maintenance of the departments of the state government and state institutions are not subject to the referendum (Const. Petitions must be submitted by midnight within 90 days of the date the legislation was signed by the governor and filed with the secretary of state. 54, 53, Drafted by sponsors and approved by board of state canvassers. These guidelines may include an application process, registering a certain number of sponsors, submitting the full text and an explanation of the measure, affidavits, the office or offices to file with, registering a proponent or opposition organization, campaign finance issues and the process for withdrawing a referendum. Withdrawal of petition: Any time before the final submission of signatures, proponents may write to the secretary of state to withdraw (34 OS 8). 116.030). 24-22-403). 1(6C) and (6D)). In election years, instead of biannual reports, reports are due no later than the second Monday in April, May, September and October, and no later than the Thursday before an election. A handful require that each signature be individually verified, including Nebraska (NRS 32-1409), Ohio (ORC 3519.15), Oklahoma (OK Stat. Art. Resource Initiative and Referendum Overview and Resources Ballot title and summary: The secretary of state and the attorney general also jointly make a more descriptive ballot question summary to be sent to voters. The timelines for signature gathering for popular referenda differ significantly from those for initiatives. 3, 18), Who can sign the petition: Electors (M.R.S.A. 48, Pt. CONST. Law 6-201). Art. Does the law in question take effect before the referendum vote: Suspended upon filing of petition signatures (Const. Application process information: Submit draft of proposed initiative to legislative council and office of legislative legal services for review and comment. Code 9610). 12, 2). Use the data in the data file Gilotti's Pizzeria to find the variance and the standard deviation for Location 2, Location 3, and Location 4. Code Ann. Code 84101). Nebraska: not less than 35% (Const. 8). Two states require circulators to attend a training: Twenty-two states require circulators or proponents to sign affidavits or other sworn statements as to the accuracy or authenticity of the petitions: Several of these states require such information to be included on the signature petition sheets. 34-1804). Art. (Note: This provision was found unconstitutional by a superior court judge, affirmed by the state supreme court in August 2020.) Sponsors draft summary and submit to board of state canvassers for approval. Petition title and summary creation: Attorney general certifies submitted title and measure and summary by secretary of state, with attorney general oversight (M.G.L.A. The sponsor may file a written notice to withdraw the initiative with the secretary of state. Time period restrictions before placed on the ballot: Must be filed at least six months before the election it is to be voted on (V.A.M.S. 4, 5). Const. Const. Art. Massachusetts, Ohio and Utah use this sort of process. 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. Allowed to pay another for their signature: Prohibited (Miss. 6, Gen. Art. Number of signatures required: Five % of votes cast for governor in last election for stator. 8). Rev. Const. LXXXI, 4). Submission deadline of signatures: 18 months (W.S.1977 22-24-315). Timeline for taking effect: Thirty days after the election (Const. 24 States may have the direct initiative, the indirect initiative or the choice of either. Art. Majority to pass: Yes (OK Const. 3, 18 and 21-A M.R.S.A. 4). L-04, 2011 WL 1130010 (July 5, 2011). Art. For statutes: If not passed by the legislature within 40 days, it is placed on the next general election's ballot. 19, 2), Types allowed: Direct initiative for statutes and constitutional amendments, and popular referendum. IV, pt. 4, 3; Constitution 48, Init., Pt. OH Const. Which election: Next succeeding general election, except when the legislature shall order a special election (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 (MT CONST Art. Types allowed: Direction and indirect initiatives for statutes, and popular referendum, Single subject rule: Yes (RCWA Const. To make it more difficult to place initiatives on the ballot and to ensure initiatives do not represent just the interests of heavily populated areas, some states have created a requirement that signatures be gathered from across the state. If includes expenditures, must also include sufficient increased revenue sources that cannot come from general fund. 12; 25). To place a popular referendum on the ballot, sponsors must gather signatures on petitions. 15, 273; Miss. All three have in common the fact that, at some point or other, the . Withdrawal process of individual signature: Signature may be withdrawn not later than 5 p.m. on the date the petition containing the person's signature is filed by signing a statement of intent to withdraw at the secretary of state's office, mailing a signed, notarized statement of intent to the secretary of state or drawing a line through the signature and printed name (ARS 19-113). 14, 10). 19, 2). 4. increase the participation of African Americans in the Federal Government. Application process information: Must file a copy of the measure with the secretary of state and the sponsor; as an individual or acting on behalf of an organization, must file an affidavit. A legislature committee also reviews the measure by a deadline (N.R.S. Code Ann. Art. This practice was first adopted by the state of Connecticut in 1818, and by the 20th century it had become the prevailing way of changing constitutions. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments, and popular referendum. 295.015; 293.250). Law 6-201 and -202, Massachusetts: Const. Petition title and summary creation: Secretary of state, official committee that filed and approved by attorney general (O.R.C. Timeline for taking effect: The date of the official declaration of the vote thereon by proclamation of the governor, but not later than thirty days after the vote has been canvassed (Const. 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 acts passage, and the time for filing the additional required signatures is extended another 30 days. Stat. Conflicting measures: The amendment which receives the greatest number of affirmative votes shall be paramount in all particulars as to which there is conflict even though such amendment may not have received the greater majority of affirmative votes (Neb. Proponent organization and requirements: When first filing the petition, no more than three primary proponents must be designated (34 Okl.St.Ann. Stat. Additional signatures are needed then. II, 1g; O.R.C. Verified answer. 22-24-402). 19-113). Art. Art. Art. This deadline pertains to when counties must submit petitions with verified signatures to the secretary of state. Bill No. Who creates petitions: Proponents can produce them but must follow form (RCWA 29A.72.100). 5, 1), Repeal or change restrictions: No veto by governor, and two-thirds vote by legislature may amend or repeal (Ark. 48, Init., Pt. Circulator oaths or affidavit required: Yes (Const. 5, 1). 19, 3; N.R.S. Subject restrictions: The referendum shall not be applied to dedications of revenue, appropriations, local or special legislation, or to laws necessary for the immediate preservation of the public peace, health or safety (Const. Which election is a measure on: The next general election after signature petitions filed, a legislative session has convened and adjourned, and 120 days after the legislative session adjournment (W.S.1977 22-24-319). Where to file: Secretary of state (Const. From each of at least 26 Utah state Senate districts, legal signatures equal to 4% for indirect or 8% for direct initiatives of the number of active voters in that district on Jan. 1 immediately following the last regular general election. Which election: First general election to be held not less than 30 days after the filing ofthe petition (Const. Art. Withdrawal of petition: Chief petitioners may withdraw at any time before submitting the signatures for verification. 168.544c). After certification for the ballot, the joint committee on legislative research holds a public hearing in Jefferson City to take public comments regarding the measure (V.A.M.S. Art. Circulator requirements: Must be Montana resident (MCA 13-27-102; 1-1-215), Circulator oaths or affidavits: Yes (MCA 13-27-302), Paid per signature: Cannot be paid based on the number of signatures collected but can be paid in general (MCA 13-27-102; 13-27-112). Wyoming: Const. 1-40-111). LXXXI, 4). The attorney general may determine an act of the legislature is the same as a proposed law and will remove it from appearing on the ballot (W.S.1977 22-24-304; 22-24-319). Timeline for collecting signatures: Twelve months. The use of the device gained momentum with the emergence of groups concerned with specific issues such as civil rights, abortion, capital punishment, nuclear power, tax policies, handgun control, and the environment. Proponent organization and requirements: Must sign affidavit and must refile after recommendations (RCWA 29A.72.010; 43.07.120; 29A.72.020; 29A.72.040). Rev. Art. What is on each petition: Names of 10 original signers in the application and deadline for submission of signatures and follow guidelines of Administrative Rules 950 CMR 48.00 (M.G.L.A. 3, 18, 20. Const. An act that was suspended by a petition and is approved by the people is effective the date the result of the canvass is filed by the secretary of state (MCA 13-27-105(3)). The ballot title may be distinct from the title of the law that is the subject of the petition. 353). . Art. And within 30 days of the close of the first complete fiscal year after the effective date of an initiated measure approved by the voters, the agencies, institutions, or departments that provided the estimates of the fiscal impact of the measure to the legislative management under this section shall submit a report to the legislative council on the actual fiscal impact (NDCC Const. Art. Art. Additional statements for ballot measure committees are due April 30 and Oct. 31 (Govt. 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. Designated representatives must, within 10 days of filing a completed petition, file a report containing information about paid circulators and any other expenditures made in relation to circulating petitions (CRS 1-40-121). Prepared by sponsor, approved by secretary of state. 1953 20A-7-206). 34-1809). They exist in a variety of forms. Contributions of $1,000 or more from a single contributor received during the 21 days prior to the election must be reported. Question 3. Art. Between 90 and 110 %, every signature is verified (C.R.S.A. 4, Pt. Art. 48, Init., Pt. Circulator requirements: Maine resident who is a registered voter (21-A MRSA 903-A), Circulator oaths or affidavits: Yes (M.R.S.A. Const. May only be attempted once every three years. Art. Considered a committee if individual raises or spends more than $5,000. Who creates petitions: Secretary of state creates templates, including cover and signature sheets (O.R.S. Nebraska Const. 3519.05; 3501.38; OH Const. Since the process is an indirect initiative, the legislature has four months to adopt the unchanged constitutional initiative by a majority in each house before the secretary of state submits it to the people. 32-1401; 32-1405; 32-628; 32-1403). 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. Which election: Next regular or general election subsequent to the 125 days after filing (OH Const. Submission deadline of signatures: Must address written petition to the legislature and signatures must be filed with the secretary of state by the 50th day of the first regular session or by the 25th day of the second regular session. CHAP. 13 Sample Exam Flashcards | Quizlet 3, 1 and SDCL 2-1-1 and 2-1-5). 7-9-114). Verification: The legislature may authorize generally accepted statistical procedures. Seventeen states have subject matter limitations other than the single-subject rule: Dedicate revenue, repeal appropriations, create courts, define court rules or jurisdictions, or enact local or special legislation. Art. Art. Art. Art. 130.110; 130.120; 130.029; 130.046; 130.041). Colorado and Florida require a supermajority to pass a constitutional amendment: 55 percent of voters in Colorado (C.R.S.A. 7-9-105). Ballot title and summary: Attorney general. V, 1(3)). 5, 1). Art. For indirect, statutory initiatives only: The legislature has 40 days to pass the unchanged initiative. V, 3). Art. Petition title and summary creation: Secretary of state, revisor of statutes and attorney general (21-A M.R.S.A. Application process information: Application containing the act to be referred and signed by at least 100 qualified voters is filed with the lieutenant governor. LXXXI, 4). 3519.21. 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. VI, 1 and Utah Code 20A-7-102 and 20A-7-305). Ballot title and summary: Attorney general (RCW 29A. Committee must create a "top funders sheet" that is included as part of the petition. 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. Const. XVI, 1; O.R.C. 3, 24). Number of signatures required: For statutory initiatives, 6 % of the total votes cast for all candidates for governor in last general election. Circulator oaths or affidavits: Yes (M.C.L.A. Reports of contributions received and expenditures made must be filed at least seven days before any primary, special or general election. 48, Init., Pt. Initiative and referendum are powers granted to the electorate by the constitution of several states, and refer to the processes that allow voters to vote directly on certain legislation. . Public review or notice: Any voter or group on or before July 20 may file an argument of 500 words or less. Justices of the peace and county recorders may not circulate petitions (ARS 19-114). Ballot title and summary: Prepared jointly by the secretary of state and attorney general (IC 34-1810(1)(b)). Who creates petitions: The proponents (Miss. Const. Art. Art. 19, 1 and NRS 295.045 and .056. Const. The requirements for an election with statewide ballot measures vary by state. 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. Sponsor, approved by secretary of state, reviewed by attorney general, 10 ILCS 5/28-5; 10 ILCS 5/16-6; 5 ILCS 20/2. If the legislature fails to enact the proposal as written, sponsors then go through a second stage of signature gathering. Types Allowed: Indirect initiative for statutes, and popular referendum. Most constitutional democracies, such as Australia, Canada, Italy, and the United States, operate through a system of representative government. Art. Number of signatures required: 10% of the total vote for governor cast in the last election (Const. 23-17-45). Art. Ohio: Reviewed by attorney general and Ohio ballot board, which also writes pro or con statements if not supplied. Prov., Pt. Code 23-17-3; MS Const. Const. 2, 8), Maine (M.R.S.A. For example, when a school district wants to issue bonds for building construction, it goes to the voters with an obligatory referendum. IV, 1). Art. Art. Prepared by the office of financial management, in consultation with the secretary of state, the attorney general, and any other appropriate state or local agency. Are - working c. is looking for d. aren't investing 2. Allowed to pay another for their signature: Prohibited (RCWA 29A.72.110; 29A.72.120; 29A.72.130; RCWA 29A.84.250), Number of signatures required: Eight % of the votes cast for the office of governor at the last regular gubernatorial election prior to the submission of the signatures for verification (RCWA 29A.72.150), Who can sign the petition: Legal voters (RCWA 29A.72.120), Collected in-person: Yes (RCWA 29A.72.120), Withdrawal process of individual signature: Only accepted before signatures are filed (People v. Hinkle [1924] 130 Wash. 419, 227 P. 861). Public review or notice: The secretary of state and county clerks post items to the secretary of states website and newspapers. Petitions must be submitted no later than 5 p.m. 90 days after the final adjournment of the legislative session. Art. Art. Proponent financial disclosure requirements: Include but may not be limited to no anonymous contribution in excess of $25, disclosure of contributors, corporations and labor organizations are allowed to make contributions and expenditures, following timelines and deadlines apply for filing reports (V.A.M.S. Single subject rule: No statute. For indirect statute petitions, the legislature has 40 session days to pass or reject the unchanged or unamended measure. Art. Rev. Who creates petitions: Petition filed by proponents is certified by attorney general, ballot board, and secretary of state (O.R.C. Other subject restrictions: The initiative power extends only to laws which the legislature may enact (M.C.L.A. 15, 273; Miss. These serve as the ballot title. See Elec. California is one of two dozen states that gives voters these checks on elected officials. Application process information: Must first register a political committee and submit form to Division of Elections along with text of proposed measure and form on which signatures will be affixed (F.S.A. 1-40-106 and 1-40-107). To share with more than one person, separate addresses with a comma. 21 1). Proponent financial disclosure requirements: Include but may not be limited to groups supporting or opposing ballot measures are treated as political committees, no statute found limiting contributions to ballot measure political committees, designation of a treasurer, filing statements of organization, and follow account and reporting requirements (O.R.S.

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