Const. For indirect initiatives, the legislature may make technical changes only, and prepare a legislative review note and a legislative fiscal note on the law proposed by the initiative petition. 19-121.01); California (Elections Code 9030); and Colorado (C.R.S. Initiative, referendum, and recall are three powers reserved to enable the voters, by petition, to propose or repeal legislation or to remove an elected official from office. Where to file with: Legislative Research Council, attorney general and secretary of state (SDCL 12-13-25.1; 12-13-26). 3; 8). Art. 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). Petition title and summary creation: Proponents (U.C.A. Art. If less than 90 % are valid, the petition fails. 5, 1; A.C.A. Monthly reports are due on the 10th for any preceding month in which total contributions received or total expenditures made exceed $200. VI, 1 and Utah Code 20A-7-102). 3, 52(e) and Wyo. Other subject restrictions: Limited to matters that can be enacted by legislation, and no measures that interfere with the legislatures ability to direct taxation of necessary revenues (Nebraska Const. 295.0575), Allowed to pay another for their signature: Prohibited (N.R.S. Six states do not have a law governing conflicting measures: Florida, Illinois, Montana, Oregon, South Dakota and Wyoming. 22-24-416). Const. Const. 295.009; 294A.150; 294A.220, North Dakota: NDCC, 16.1-08.1-02.4; 16.1-08.1-03.1; 16.1-08.1-03.2, Ohio: O.R.C. Eighteen states require or provide for fiscal statements: Lieutenant governor provides a statement of costs. Amend. Cannot relate to: religion, the judiciary, specific appropriations, local or special legislation, the 18th amendment of the constitution, anything inconsistent with the Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts. General review of petition: The secretary of state will appoint two, three-person committees, one for and one against the measure. If the petition is insufficient, the sponsors have 10 extra days to collect more signatures. Geographic distribution: 3% of total votes cast for the office of governor from at least 15 counties (Const. Alaska prohibits payment in excess of $1 per signature. Submission deadline of signatures: At least 131 days prior to the next general election the measure is to be voted on (Cal.Elec.Code 9016; Cal.Const. 1-40-106 and 1-40-107). 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). III, 2). 168.32). 1-40-112). II, 1a; 1b). What is on each petition: The format follows statute guidelines, must be notarized, must have specific language including legal warning, ballot title and abstract from fiscal impact statement (CRS 1-40-110, 1-40-105.5). Circulator requirements: Any Maine resident who is a registered voter (21-A MRS 903-A). 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206). N.R.S. See Const. Public meetings are also held and posting of amendments (A.R.S. VI). The mayors of Detroit and Los Angeles were recalled in 1929 and 1938, respectively. Geographic distribution: No more than one-quarter of signatures may come from a single county (M.G.L.A. The statement may not be submitted electronically (Utah Code 20A-7-305). Background. 32-1401; 32-1405; 32-628; 32-1403). Withdrawal process of individual signature: By giving written notice to the lieutenant governor before the date the petition is filed (AS 15.45.350). Circulator requirements: Must just be at least 18 years old (N.R.S. Const. 34-1811, 34-1813). 15% of the votes cast for governor in the preceding election in a majority of legislative districts is required to suspend operation of an act pending the election (Const. Proponents must file reports of payments made to signature gatherers (IC 67-6612). The legislature has four months to pass the bill in amended or unchanged form. Art. 8). 22-24-407). NDCC Const. Art. But if insufficient funds for the measure, it is effective 45 days after the next convening regular legislative session. Stat. Art. Art. What is on each petition: Petition includes original bill number, title and affidavit signed by no more than three proponents file the measure (34 OS 1). 295.300), Number of signatures required: Ten % of the votes cast in last general election (N.R.S. Art. The following contribution and expenditure statements must be electronically filed: drafting statement, filed at the time approval is requested to circulate petition; circulating statement, filed at the time petitions are submitted for signature verification; pre-election statement, filed between the 39th and 31st day prior to the election; and year-end statement, filed by Jan. 31 of the year following the election. 34-1802). The ballot initiative, a form of direct democracy, is the process through which citizens exercise the power to place measures otherwise considered by state legislatures or local governments on statewide and local ballots for a public vote. 23-17-47; 23-17-49; 23-17-51; 23-17-53). Circulator oaths or affidavits: Either the sponsor or circulator in accordance with W.S. Neb. Evaluations done by lieutenant governor and Office of Legislative Research and General Counsel. Six states (California, Maine, Massachusetts, Nebraska, Ohio and Wyoming) require a certain number of days, ranging from 30 to 180, to pass between the date the petition qualifies and the election. Petition title and summary creation: Attorney general (I.C. 4, Pt. No. 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. Circulator oaths or affidavit required: Yes (Const. Code 23-17-37). Art. Within three days of making an expenditure or receiving a contribution, a political committee must file a statement of organization and designate a treasurer. Constitution 48, Pt. 19-121. 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. Petition title and summary creation: A title board comprised of the attorney general, the secretary of state and the director of the office of legislative legal services or their designees (CRS 1-40-106). St. 32-1405.01; 32-1405.02; 32-1413, Ohio: OH Const. For amendments, unless specified otherwise, July 1 following approval (MCA 13-27-105; MT CONST Art. 7-9-601; A.C.A. 7-9-105). 2, 3), Who creates petitions: Secretary of state (M.G.L.A. Art. St. 32-1407). Petitions must be filed within 90 days after the legislative session at which the law was passed adjourns either sine die or for more than 90 days. Another 3% is required to qualify for the ballot if not enacted by the legislature after four months. Which election: General election, or at a special election ordered by the general assembly (Const. 3, 50; V.A.M.S. II, 1b; Art. Circulator oaths or affidavit required: Yes (34 OS 6). A simplified explanation of the initiative process follows. 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). Art. Rponses possible : a. Art. 250.015; 250.052; 250.045, South Dakota: SDCL 2-1-1.1; 2-1-1.2; South Dakota Administrative Rules 5:02:08:07, Wyoming: W.S.1977 22-24-304; 22-24-310; 22-24-311, Maine (M.R.S.A. 54, 53). 3, 5). Law 6-205(d)). Who can sign the petition: Electors of the state (OH Const. If the petition is insufficient, the sponsors have 10 extra days to collect more signatures (OH Const. States with geographic requirements that use entities that are unequal in population, such as counties or even state legislative districts, are more likely to have the requirement challenged in court. RCW 42.17A.205, 42.17A.235, 42.17A.250, 42.17A.260, 42.17A.265. 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. 116.115). Ballot title and summary: Attorney general after receiving written comments from the Legislative Research Council (SDCL 12-13-25.1). 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. 7-9-107). 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. 6, Gen. Verification: Submitted to local registrars of each signer two weeks before submission to secretary of state, who establishes regulations to verify. Cure period for insufficient signatures: None specified. These provisions stipulate that petition signatures must be gathered from multiple parts of the state. Code Ann. 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. 48), South Dakota (Const. Const. Art. This bill would (concise description). 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. 48, Init., Pt. 295.0575), Circulator oaths or affidavits: Yes (N.R.S. Public review or notice: The attorney general submits a draft ballot title and the public may submit written comments regarding it, which the attorney general may use to revise the title. IV, 1), Ballot title and summary: Attorney general (O.R.S. Two official representatives of the proponents must attend all petition review meetings. Verification: Sampling method that must include at least 10 % of signatures or more than 5,010 signatures, whichever is greater. Who creates petitions: Sponsors (Elec. Art. For amendments, 10% of total qualified electors of the state. 116.334). 19, 2; Art. VI, Subpt. 3599.03). Art. Art. An amendment requires at least one-fourth of members to support to get onto the ballot. Circulator oaths or affidavit required: Yes (RCW 29A.72.030). Some have been found to be unconstitutional, largely on one person, one vote grounds. 48, Init., Pt. XLVII, Pt. Conflicting measures: The measure receiving largest number of affirmative votes is enacted (M.G.L.A. The supervisor is paid 10 cents by the sponsor for every signature checked if they paid circulators (F.S.A. Allowed to pay another for their signature: Prohibited (NSR 295.300). Legislature or other government official review: After chance for comment by all legislators, the legislative council prepares an impartial analysis with description, background information and likely effects (A.R.S. Art. Art. Reports of contributions and expenditures are due on a quarterly basis (Rule 2.103 and 2.122). Must file a statement of formation as a political action committee within 10 days of formation. d. a start-up e. an employer f. a consumer In suburbia p. 193 The giant of Africa p. 192 1. a. is making b. 905-A and M.R.S.A. 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 an initiative. Payment on a per-signature basis prohibited.