initiative referendum and recall are examples of quizlet

Art. A list of the initiative, referendum, and recall . 3519.05; 3501.38). Amend. Art. II, 9, a law that is the subject of the referendum continues to be effective until the referendum is properly invoked, which occurs when the board of state canvassers makes its official declaration of the sufficiency of the referendum petition (MCL 168.477(2)). Const. Validity determined by the board of elections. 295.009 with the secretary of state, and it may be amended pursuant to that statute (N.R.S. Where to file: Secretary of state (OR CONST Art. Rev. 106.19). 54, 53). 19-121. Which election: Biennial regular election (IC 34-1803). XI, 2). Art. 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. If a congressional district has 110 % of the needed valid signatures, the petition qualifies in that district. 7-9-404; 406; 407; 408; 409). Ballot measure committees must also provide an initial disclosure report 15 days after the committee begins raising or spending money, with subsequent quarterly reports until the pre-election report is due. Eight% of votes cast for the office of governor at last regular gubernatorial election prior to submission of the signatures for verification. Art. Utah: 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. Conflicting measures: The measure receiving a majority of the votes passes (RCWA Const. 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. Timeline for collecting signatures: For direct initiatives, six months to collect (submit proposed measure within 10 months with deadline to submit four months out from the general election). V, 1(3)). 48, Init., Pt. 2, 9; Const. Cannot stop emergency laws passed by the legislature or appropriations to support state departments or institutions. III, 2). Political committee must file a statement of organization. Ballot title and summary: Secretary of state (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). 15, 273). Restrictions included 120 days before election for amendments, and 160 days before an election and not less than 10 days before legislative session for statutes. 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. 23-17-57; Term Limits Leadership Council v. Clark, 1997). Who can sign the petition: Electors of the state (OH Const. Must file quarterly reports. Which election: Next general election (Const. Timeline for taking effect: July 1 after the official canvass (SDCL 2-1-12). Public review or notice: Public may comment on public and internet posting of measure by attorney general for 30 days and then proponents may amend the measure (Cal.Elec.Code 9002). Number of signatures required: For indirect initiatives submitted to the legislature, 5 % of all votes cast for all candidates for U.S. president at the last general election. If a person is recalled they are put back through an election. States may apply a single-subject rule or other restrictions. For amendments, 10 % of the total qualified electors of the state (MT CONST Art. 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. No collection timeline except when collecting the second 3 percent of signatures of votes in last election for governor, the deadline is 90 days, and deadline of 110 days before the election generally. 6, Gen. Where to file with: Secretary of state (V.A.M.S. Const. Art. 3, 3; NDCC, 16.1-01-09), Ohio (Const, Art. General election, and signatures must be verified no later than Feb. 1 of the year of the general election. No statute found; used IR 124 (Nov. 2012) as a reference, The ballot title must be worded so that those in favor of retaining the measure shall vote retain, and those opposing the measure shall vote repeal., The question printed on the ballot must be: Shall the statute (setting out its title) be approved?, The ballot for voting on a referred act should bear the following instructions at the top: Instructions to voters. 23 States have a popular referendum process. Paid per signature: Banned (U.C.A. For direct initiatives, six months to collect (submit proposed measure within 10 months with deadline to submit four months out from the general election). May also post in newspaper (21-A M.R.S.A. IV, 1). LXXIV, 2 and M.G.L.A. 3, 6). Number of signatures required: Three % of the votes cast for governor at the preceding biennial state election to submit to the legislature. 5, 1; A.C.A. Public review or notice: Newspaper publication, and the public has 10 days to file a protest as to the constitutionality of the measure (34 Okl.St.Ann. 901), Massachusetts (M.G.L.A. 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). In every state, a constitutional amendment requires a vote of approval. 130.110; 130.120; 130.029; 130.046; 130.041, Nevada: N.R.S. Additional statements for ballot measure committees are due April 30 and October 31. What is on each petition: Petition contains bill number, title of the act, signers statement and warning to signers and circulator verification (Utah Code 20A-7-303). 18). An initiative is a proposal of a new law or constitutional amendment that is placed on the ballot by petition, that is, by collecting signatures of a certain number of citizens. 15, 273; Miss. Proponents must turn in sheets each month (O.R.S. 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. 295.009). All states require proponents of a popular referendum to follow guidelines. 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. Petitions with an incomplete or modified affidavit are invalid (Const. II, 1b). Secretary of state, in consultation with attorney general, OH Const. Art. Administrative rules 5:02:08:09 and 5:02:08:07.02 require that circulators sign affidavit as well. What is on each petition: Must follow prescribed form and include the full text of the measure, a legal warning, an affidavit, the maximum number of signatures, paper and font, spacing, and if the circulator is paid (Neb.Rev.St. 2, 3; Amend. Who creates petitions: Proponents (A.C.A. Art. 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206). Paying per signature was held unconstitutional (Miss. 5, 11; Art. Stat. 2, 3), Fiscal review: A statement of 100 words or less by secretary of administration and finance regarding fiscal consequences of the measure (M.G.L.A. Number of signatures required: 2% of the entire vote cast for governor at the preceding biennial state election (Const. The legislature can provide for a different effective date with a two-thirds vote of the membership of each house (Const. Art. Fiscal review: Director of the Legislative Research Council prepares a fiscal note as requested (SDLC 2-9-30; 2-9-31; 2-9-34). Statements of contributions and expenditures must be filed on January 10, seven days before political party conventions, seven days before the primary, three days before public hearings, on September 30, and seven days before the general election (Utah Code 20A-11-802). For direct initiatives, signatures must be submitted by Feb. 15 immediately before the next general election. Majority to pass: Majority and at least 50% of the total votes cast in the entire election (W.S.1977 22-2-117). Types Allowed: Direct initiative for statutes and constitutional amendments, and popular referendum, Single subject rule: Yes (MT CONST Art. Petition sheets will always include space for signatures. Vote requirement for passage: Majority (Const. 21 1, Colorado: C.R.S.A. Contributions of $1,000 or more from a single contributor received during the 21 days prior to the election must be reported. Not more than 5% of qualified electors, based on total number of votes cast for governor at last preceding gubernatorial elections. To register as a paid circulator, in the past give years one cannot have been convicted of a crime involving fraud, forgery or identification theft in any state or be subject to a civil penalty due to an election offense. Const. Timeline for collecting signatures: Petitions carried by paid circulators must be filed on a monthly basis (ORS 250.105). St. 32-630 and -1404), Nevada (N.R.S. CONST. 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. Public review or notice: The secretary of state and county clerks post items to the secretary of states website and newspapers. III, 1). Types allowed: Indirect citizen initiative for statutes and amendments and popular referendum. However, the bans in North Dakota and Oregon were upheld by federal circuit courts. The chief petitioners may withdraw at any time before submitting the total number of signatures for verification. Who creates petitions: Sponsors (CRS 1-40-105). Stat. States may apply a single-subject rule or other restrictions. Number of signatures required: 8% of the active voters in the state on Jan. 1 following the last regular general election (Utah Code 20A-7-301(1)). IV, 1b). Art. 901 and 1 M.R.S.A. 11 5). Const. Const. . The ballot initiative process gives California citizens a way to propose laws and constitutional amendments without the support of the Governor or the Legislature. What is on each petition: Sponsors create petitions pursuant to guidelines in statute. Const. Other subject restrictions: Measure provisions cannot be dependent upon meeting certain vote %age. II, 1a; 1b). 168.471; 168.472. Proponent organization and requirements: There may be a legally or generally recognized sponsor of the proposed amendment or question (M.C.L.A. Art. 12, 2. If a petition is declared insufficient but has at least 75% of the required signatures in total and in at least 15 counties, sponsors may have an additional 30 days to gather more signatures. Art. What is on each petition: A fair, concise summary of the proposed measure must appear at the top, along with the names and residences of the first 10 signers (Const. ; The referendum process allows citizens to refer a law that passed the legislature to the ballot for voters to decide whether to uphold or repeal the law. II, 1g; O.R.C. Art. 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. 901), Where to file with: Secretary of state (M.R.S.A. Const. 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). answer choices. Circulator requirements: Maine resident who is a registered voter (21-A MRSA 903-A), Circulator oaths or affidavits: Yes (M.R.S.A. Art. 116.332). Depending on the legislature's action, the proponents may continue to pursue placement on the ballot for a popular vote. Repeal or change restrictions: Governor may not veto (MT CONST Art. The timelines for signature gathering for popular referenda differ significantly from those for initiatives. Petitions must be submitted not more than 90 days after the final adjournment of the session of the general assembly that passed the bill on which the referendum is demanded. 116.332, Const. 19, 3; N.R.S. Additional statements for ballot measure committees are due April 30 and Oct. 31 (Govt. Geographic distribution: Yes, signed by qualified voters equal in number to 15% of those resident in at least two-thirds of the counties of the state, as determined by those who voted in the preceding general election in that county (Const. Art. Timeline for taking effect: Effective upon the governor's proclamation of the vote (Const. 22-24-413). Pre-election statements must be filed 40 and 12 days before the election. Reports of contributions and expenditures are due quarterly in calendar years without elections. Art. Stat. V, 1(3)). Withdrawal process of individual signature: Signer or attorney of the signer may remove a signature before official filing (O.R.C. Paid per signature: No ban on initiative petitions, but a statement must appear on the petition if circulator is being paid (W.S.1977 22-24-310). 3519.21. Ten% of votes cast in last general election. IV, 1(4)). Paid per signature: No ban, but must mark this and identify their employer on the affidavit (V.A.M.S. Stat. 901, 906; 1 M.R.S.A. 2, 10; N.R.S. 2; Neb. Art. Michigan: The director of elections, with the approval of the board of canvassers, prepares a statement of designation for the ballot. If less than 90 % are valid, the petition fails. IV, 1). St. 32-1405; 32-1406). 22-24-407). Art. Amend. Statement of organization must be filed not later than 15 days after the committee made or received contributions or paid expenses in excess of $500. III, 4). Ark. Proponents write title (M.G.L.A. Voters can propose and vote for new laws. What is on each petition: Petition must include the full text of the measure, the affidavit of the circulator (Const. Petitions must be submitted to counties for verification four weeks before this deadline. Must report contributions received if in excess of $20 and all expenditures quarterly in off-election years, on the first Monday in May and every two weeks thereafter before the primary election, on the first day of each month beginning with the sixth full month before a major election, on the first Monday in September and on each Monday every two weeks thereafter before the major election, and thirty days after the major election (CRS 1-45-108). 116.334). Where to file: Secretary of the commonwealth (Const. Initiativ e, Referendum and Recall Information The following is also provided in Spanish Lo siguiente tambin puede leerse en espaol. Who can sign the petition: Qualified electors of the state (34 OS 23). Where to file with: Attorney general (O.R.C. Initiative and referendum Flashcards | Quizlet Art. LXXXI, 4). Circulator requirements: Registered voter (RCW 29A.72.120 and .130). Rev. Code reviser issues certificate of review (RCWA 29A.72.020). Time period restrictions before placed on the ballot: Have 120 days before election for amendments, and 160 days before an election and not less than 10 days before legislative session for statutes (M.C.L.A. Law 6-201). Application process information: Submit filing fee and a petition signed by 1,000 voters to the attorney general, with a summary and complete copy of the measure. 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. 23-17-7; 23-17-9; 23-17-15). Const. XLVII, Pt. Must file quarterly reports. Art. XLVII, Pt. 48, Init., Pt. Art II, 10 and Elec. II, 1g). 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. 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. If politicians are ignoring citizens' concerns, they can pass the law themselves 2. M.G.L.A. 1-40-111), Nebraska (Neb. The guidelines for the format and content of petitions vary by state. Art. 3519.01; 3519.02; 3513.10). Legislature may hold public hearings and must hold a committee hearing once 25 percent of signatures are collected (Cal.Gov.Code 12172; 10243; 12172; Cal.Elec.Code 9007; 9034). Art. Collected in-person: Yes (O.R.C. Const. 116.180; V.A.M.S. Recall, referendum and initiative processes are electoral devices used by citizens when they want to take part in government activities. 5, 1). Art. 22-24-416). 21 1). 24). 1-40-116). Registration is made on a form prescribed by the secretary of state and includes the ballot question or title of the measure for which the organizer will receive compensation, contact information, the name and signature of a designated agent and a list of the names of all people hired to circulate petitions and the manner in which they are compensated (21-A MRS 903-C). For amendments, 10 % of the total votes cast for governor (M.C.L.A. Code 82013, 84101, 84107, 84200, 84200.8, 84202.3 and Elec. Ballot title and summary: The board of state canvassers (M.C.L.A. The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. Art. Allowable uses of funds by ballot measure committees are specified at Elec. 2, 8). 5, 3), Timeline for taking effect: When approved by a majority of votes (OK Const. The next regular or general election occurring subsequent to the 125 days after filing signatures. The secretary of state then refers both to the attorney general, who determines the legal sufficiency of the issue, approves the petitioner's ballot statements and determines whether a fiscal note is necessary. Art. County recorder or justice of the peace. concerning (statement of subject) and voters have filed a sufficient referendum petition on this bill. 54 53. Please note: Text within images is not translated, some features may not work properly after translation, and the translation may not accurately convey the intended meaning. Which election: General election (SDCL 2-1-17). This committee is responsible for preparing the arguments for the measure and any rebuttal arguments in the information pamphlet (MCS 13-27-402). Petition title and summary creation: Proponent with attorney general approval (A.C.A. 48, Pt. Full and correct copy of title and text must be printed on petitions (NRS 32-1403). 3, 50; V.A.M.S. 903-C). 116.334). 3, 24). Then the legislature rejects or accepts the proposition unchanged (U.C.A. No. Proponents of an initiative, referendum, or recall effort must apply for an official petition serial number from the Town Clerk. Must be submitted by September, then December, and then possibly July (M.G.L.A. IV, 1). Circulator requirements: At least 18 years old and a qualified elector (34 Okl.St.Ann. 32-1401; 32-1405; 32-628; 32-1403). b. actions at New England town meetings. Repeal or change restrictions: Normal amendment referendum required. 48, Pt. Which election is a measure on: General election (SDCL 2-1-17). 3, 51). 2. stimulate democratic reforms such as the initiative and the referendum. The reform movements of the Progressive Era generally focused on . LXXXI, 4). Time period restrictions before placed on the ballot: If sufficiency is being reviewed at the time the ballot is being prepared, the measure shall be placed on the ballot and no subsequent decision shall invalidate it if it is approved by a majority of voters (Const. 5, 5; M.G.L.A. Const. 4, 1, Pt. Through these processes, voters can adopt a change in law (an initiative), disapprove a law passed by the Legislature (a referendum), or remove an elected official from office (a recall). See Elec. Proponents; a simple statement of the gist of the measure is included on the petition. 100.371). Where to file: Secretary of state (MCL 168.471). Art. which lies the initiative and referendum-the power of the people to make laws. Art. A legislature committee also reviews the measure by a deadline (N.R.S. 3519.07). 19-121.01; 19-121.04). The official title of the bill that is subject to the referendum appears on the ballot. Const. The legislature has the option to enact, defeat or amend the measure. II, 1a; 1b; 1g; O.R.C. Withdrawal process of individual signature: May not remove after official submission of petitions (O.R.S. Petitions must be submitted by 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 that is not a weekend or holiday. Art. Art. Circulator oaths or affidavit required: No. Where to file with: Secretary of state (N.R.S. 5, 1). Stat. Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. 250.036; OR CONST Art. 1(9) and A.R.S. 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. Laws 168.471. LXXXI, 4). Const. 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. 19, 2; N.R.S. II, 1c). If signatures are determined to be insufficient, an additional 10 days is allowed to gather more signatures. III, 5(2)). Submission deadline for signatures: No later than 5 p.m. 90 days after the final adjournment of the legislative session (Const. Reports of contributions and expenditures are due on the 12th day before an election, the 38th day after an election and the last business day of January and July of every year. If the total signatures meet 90 to 100 % of the requirement, the clerk checks all of the signatures until 100 % is reached. 23-17-60). Number of signatures required: 5% of the total votes cast for governor at the last election (Const. Repeat measures: Two years (MS Const. Const. 19, 3; N.R.S. 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. 5, 2; Constitution 48, Init., Pt. Tit. (Const. Petitions must be submitted to counties for verification four weeks before this deadline (MCA 13-27-301). Code Ann. 34-1812a, 34-1812b, I.C. 34-1813); and Maine (21-A M.R.S.A. General election, while petitions cannot be filed more than 65 days before the deadline. 3519.21; 3519.01; 3519.03), What is on each petition: Full copy of the title and text of the law, room for signatures and information of signers, a signed circulator statement, circulators name and address, name of employer of circulator, summary, attorney generals certification, a notice, and names of at least three of the committee members sponsoring the initiative (OH Const. 19-113). The recall allows residents to remove the person in office. Where to file: Secretary of state (NMSA 1-17-8). Art. Const. Referendum is the power to reject or overturn legislative actions taken by the Council. Const. Circulator oaths or affidavit required: Yes (Utah Code 20A-7-303(3)). Where to file: Attorney general, then petition goes to secretary of state (Cal.Elec.Code 9001, 9004; Cal.Const. Can only be changed by a vote of the people, Two-thirds vote (or majority after seven years), Two-thirds vote (or majority after two years), Select a State with Citizen Initiatives to Learn More, Petition Review, Creation and Public Notice, Petition Review, Creation, and Public Notice, >Petition Review, Creation and Public Notice, States with citizen initiatives (24): Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Maine, Massachusetts, Michigan, Missouri, Mississippi, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington, Wyoming. 15, 273; Miss. 5, 6; 34 Okl.St.Ann. Art. Art. Most states require that the petition bear a title and/or summary of the proposed measure. Amend. Submission deadline for signatures: Must be submitted before 5 p.m. no later than the earlier of 30 days after the first individual signs the petition or 40 days after the legislative session ends (Utah Code 20A-7-306(1)). And must be filed four months before election. 16-906, 16-926), Petition title and summary creation: Proponents, description not to be more than 200 words (A.R.S. Who can sign the petition: Qualified voters (Const. 5, 1). 250.029). Proponent and approved by the attorney general, is the title for both the petition and ballot. Vote requirement for passage: Majority of the votes cast thereon and at least 40% of the total number of votes legally cast in the election (Const. Massachusetts: at least 30% (Const. Timeline for taking effect: Effective 90 days after certification (Const. LXXXI, 4). 902), Timeline for collecting signatures: One year (M.R.S.A. *While the Colorado residency requirement for circulators was struck down in Independence Institute v. Gessler, the court upheld the requirement that a circulator present to the notary a specific type of identification.

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