If legislature amends, it does not go into effect until the original is rejected by the voters (OH Const. Circulator requirements: At least 18 years old and a qualified elector (34 Okl.St.Ann. 23-17-45). What is on each petition: Sponsors create petitions pursuant to guidelines in statute. Probably the most celebrated initiative to pass in recent years was Proposition 13 in California. XI, 5 and AS 15.45.410). Which election is a measure on: Only regular state, congressional and municipal elections (Ark. Who can sign the petition: Registered qualified voters (Cal.Elec.Code 105, 9020, 9021), Geographic distribution: None, but may only sign petition circulated in the county of registration (Cal.Elec.Code 9021), Collected in-person: Yes (Cal.Elec.Code 100), Withdrawal process of individual signature: Written request with county election official before petition is filed (Cal.Elec.Code 103, 9602). Art. Const. 106.19, 100.371, 120.54), Who creates petitions: Approved by secretary of state (F.S.A. Stat. 19, 1). Circulator requirements: US citizen and at least 18 years old (CRS 1-40-112). Majority to pass: Yes (NDCC Const. 48, Init., Pt. 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. 19, 3; N.R.S. 3, 8), Timeline for taking effect: Thirty days after the election (NDCC Const. Same if an alternate measure is proposed. $100; refunded if application is properly filed, Const. 116.332, Const. II, 1g; O.R.C. Under the constitution, an act takes effect 90 days after it is enacted. Law 6-204). Who creates petitions: The proponents (Miss. Art. Circulator oaths or affidavit required: Yes (Const. Wyoming: in excess of 50% (Const. The secretary of state submits the title to the attorney general for approval when signed petitions are timely filed for verification. Twelve months for collection, and no signatures may be obtained prior to 24 months before the general elections that it is to be voted upon. 100.371). These are all then submitted to the secretary of state (SDCL 12-13-25.1; 12-13-26). Who can sign the petition: Any registered voter of Missouri, but each petition page can contain only signatures from one county (Mo.Rev.Stat. 14, 3), Timeline for taking effect: Within 20 days after the election (5 ILCS 20/7), Repeal or change restrictions: Must go through full constitutional amendment process (ILCS Const. Arizona (for constitutional amendments, not statutes) (A.R.S. Const. Art. 2, 9; M.C.L.A. Art. Petition title and summary creation: The statement of purpose and implication, which is prepared by the proponent and approved by the attorney general, is the title for both the petition and ballot. 1-40-102, 1-40-105, 1-40-106). Submission deadline for signatures: Not later than 90 days after the final adjournment of the legislature; if the deadline falls on a Saturday, the office of the secretary of state must be open from 8 a.m. to 5 p.m. that day (Const. Circulator oaths or affidavits: Yes (O.R.C. Subject restrictions: Laws necessary for the immediate preservation of the public peace, health, or safety are excluded (Const. Collected in-person: Yes (NRS 295.0575). 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. Referendum. V, 1(6) and C.R.S. Statutes for petition contents for each state are: Individuals who physically gather signatures are referred to as circulators. Stat. Arkansas. 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. 19, 3; N.R.S. Who creates petitions: Secretary of state (MCA 13-27-202). 3, 5). 295.0575), Allowed to pay another for their signature: Prohibited (N.R.S. Art. Petition title and summary creation: Written by sponsors, approved by attorney general (Const. Art. Const. Number of signatures required: 6% of the qualified electors at the time of the last general election (IC 34-1805). Sponsor or group who receives contributions or spends over $500 for the passage or defeat of the referendum must file a statement of organization as a ballot question committee. Time period restrictions before placed on the ballot: 180 days must pass after adjournment of the legislature and the election (Const. The secretary shall direct whether this is conducted by random sampling or by verification of each signature (Mo.Rev.Stat. Art. 3, 52(e) and Wyo. Application process information: Before circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the attorney general who shall prepare a title and summary of the measure as provided by law. ILCS Const. 1(4)). Code 23-17-3), Which election is a measure on: Statewide general election (MS Const. Proponent organization and requirements: Application must contain the names and addresses of at least five sponsors, certification that each sponsor is a registered voter in Utah and has voted in a regular general election in the last three years, the notarized signature of each sponsor and a copy of the law (Utah Code 20A-7-302). Who can sign the petition: Registered voters (Const. 5, 1), and 60 percent of voters in Florida (F.S.A. Circulator oaths or affidavits: Either the sponsor or circulator in accordance with W.S. Cal.Elec.Code 9014; 9016; Cal.Const. Amend. Circulator requirements: According to secretary of state's. Majority to pass: Initiative amendments proposed by the people and their legislative substitutes must receive at least 30 % of the total number of ballots cast in the election and a majority of the voters voting on the measure (Massachusetts Constitution 48, Init., Pt. 48, Init., Pt. seq). 7-9-107). 34-1802). Wording of Ballot Question and Effect of Yes Vote, No statute found; used Referred Act 1 (Nov. 1994) as a reference. Number of signatures required: 5% of the whole number of votes cast for governor in the last election. Timeline for collecting signatures: For direct constitutional amendments, nine months and three weeks. Submission deadline for signatures: Not less than four months prior to the next general election (Const. Under the optional referendum, a specified number of voters may, by petition, demand a popular vote on a law passed by the legislature (a process similar to the initiative). C.R.S.A. a. . 48, Init., Pt. 48, Init., Pt. For direct initiatives, signatures must be submitted by April 15 immediately before the next general election (U.C.A. Acts making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act. Art. Art. Florida: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme court. Art. Petition sponsors, approved or rewritten by attorney general, Petition sponsors, with approval by secretary of state, Drafted by secretary of state and approved by attorney general, Petition sponsors, approved by attorney general. Verification: Random sample of at least 5 % or at least 4,000 signatures. Art. III, 52(b) and Mo.Rev.Stat. Const. Which election is a measure on: Next general election or a special election if ordered by the legislature (RCWA Const. LXXXI, 4). Conflicting measures: Measure that receives greater number of affirmative votes passes (C.R.S.A. II, 1g; O.R.C. 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 January 31 of the year following the election (NDCC 16.1-08.1-02 and -03). Collected in-person: In the circulator's presence (V.A.M.S. Who creates petitions: Petition filed by proponents is certified by attorney general, ballot board, and secretary of state (O.R.C. Cannot stop emergency laws passed by the legislature or appropriations to support state departments or institutions. 3, 17(3)). V, 1(3)). Code 107). Art. Art. Art. Repeal or change restrictions: Amend or repeal must be approved by voters, unless the original measure permits amendment or repeal without voter approval (Cal.Const. Art. Allowed to pay another for their signature: Prohibited (Const. 1-40-106 and 1-40-107). Clerks follow specific guidelines as to verification decisions in code. 53 7). Proponent financial disclosure requirements: Must file a statement of organization as a political committee within two weeks of organizing or within two weeks of the date the first contribution or expenditure is expected (RCW 42.17A.205). Rev. 116.334). Attorney general drafts ballot titles and certifies statements. Proponent financial disclosure requirements: Include but are not limited to filing with the secretary of state, written disclaimers when publicizing, limits on contributions, detailed contribution reports, unexpended campaign contributions, and rules promulgated by secretary of state (C.R.S.A. Where to file: Secretary of state (Const. Collected in-person: Yes (AS 15.45.340(a)). Art. III, 3). Next state election, and depending on type, must be submitted by September, then December, and then possibly July (see deadlines and timelines topic). 2, 3). Governor may call a special statewide election for the measure. An amendment requires at least one-fourth of members to support to get onto the ballot. 3, 3; NDCC, 16.1-01-09), Ohio (Const, Art. Subject restrictions: None (Const. Const. Secretary of state, revisor of statutes and attorney general, M.G.L.A. Art. 34-1813); and Maine (21-A M.R.S.A. M.C.L.A. Art. III, 3); next general election after the petition is regularly and legally filed with the secretary of state (NRS 32-1411). Art. Who can sign the petition: Qualified voters (Const. Which election is a measure on: Regular election unless otherwise ordered by Legislative Assembly (OR CONST Art. Stat. 3; Const. The referendum may be obligatory or optional. Art. Verification: State Board is empowered to adopt regulations specifying procedures for verifying and counting signatures (Elec. Petition for Initiative. 100.371, 101.161; F.S.A. Majority to pass: Majority and at least 35 % of the total votes cast in the entire election (Ne.Rev.St. 19-112). Between 90 and 110 %, every signature is verified (C.R.S.A. Verification: County officials conduct raw count, and then a random sample is taken of 500 signatures or 3 % of each countys total for accuracy. Op. 295.056). 4, 3; Constitution 48, Init., Pt. See ACA 7-9-126. III, 4). Under the obligatory type, a statute or constitution requires that certain classes of legislative action be referred to a popular vote for approval or rejection. Submission deadline for signatures: No later than 5 p.m. 90 days after the final adjournment of the legislative session (Const. Withdrawal process of individual signature: Any signer may remove their signature at any time before the petition is filed by striking it out on the petition (ORC 3501.38(H)). What is on each petition: Must contain attorney generals unique numeric identifier, title, summary and the proposed measures full text, and follow the form found in the code (Cal.Elec.Code 9008, 9009, 9012). Const. 23-17-17). Art. All states require proponents of a popular referendum to follow guidelines. States with direct initiatives (19): Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Michigan, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington, States with indirect initiatives (10): Alaska, Maine, Massachusetts, Michigan, Mississippi, Nevada, Ohio, Utah, Washington, Wyoming. Art. In California (Cal.Const. Art. 3, 52). Repeal or change restrictions: A measure approved by the electors may not be repealed or amended by the legislative assembly for seven years from its effective date, except by a two-thirds vote of the members elected to each house (NDCC Const. Geographic distribution: 3% of the votes cast for the office of governor in the last election in half of the counties each (OH Const. What is on each petition: Must be in substantially the same form as initiative petitions, containing a title, a warning and the full text of the act (IC 34-1801A). Six states do not have a law governing conflicting measures: Florida, Illinois, Montana, Oregon, South Dakota and Wyoming. 3501.38). Rev. Art. 8). Art. Secretary of state and approved by attorney general. 11 5). Timeline for collecting signatures: May be circulated once the attorney general has drafted a circulating title and summary up to the 90th day after the enactment date of the statute. 293.1276 to 293.1279). States also decide which election a ballot measure will be voted on and any time restrictions before a measure is placed on a ballot. Art. Twenty-three states have a popular referendum process. Paid per signature: Prohibited (SDCL 12-13-28). Public review or notice: The secretary of state and county clerks post items to the secretary of states website and newspapers. question. Art. Circulator oaths or affidavits: Yes, and notarized (A.R.S. 21 1 and A.R.S. Petition for Recall. 21 1, Colorado: C.R.S.A. II, 1b). Art. 101.161). In all states, a qualified popular referendum may be placed on the ballot in a statewide general election. V, 3). Art. 3, 50; V.A.M.S. Fiscal review: The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. Application for Initiative or Referendum Serial Number. Application process information: Application is filed on a form provided by the secretary of state and must contain the sponsor's name, or if an organization, the names and titles of its officers; address; intent to circulate and file a petition; a description of not more than 200 words of the principal provisions of the measure and the full text, in no less than 8-point font; and application for an official serial number. Cannot be a person once convicted of, or who has pled guilty to crimes involving forgery, Criminal background check done for paid circulators with additional restrictions, Cannot in last five years have been convicted of a crime involving fraud, forgery, or identification theft or subject to a civil penalty due to an election offense. Where to file: Attorney general, then petition goes to secretary of state (Cal.Elec.Code 9001, 9004; Cal.Const. If raising more than $5,000 in a year, the entity must register as a ballot question committee. 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. 3, 3; NRS 32-1402 and -1403, Nevada: Const. 19, 2; Art. If a congressional district has 90 to 110 % of the needed valid signatures, every single signature will be verified to discern if it qualifies (V.A.M.S. 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. Must also be submitted to the appropriate officials of cities, towns or plantations, or state election officials as authorized by law, 10 days before it's due with the secretary of state. Prepared by the secretary of state, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau. Next succeeding election at which the question may be voted upon by the voters of the entire state. 5, 6; 34 Okl.St.Ann. St. 32-630; 32-628). . This ensures that measures will not be passed by a small minority of voters, either because of a low turnout or ballot-drop off (where voters only vote partway through a ballot). 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.

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