what is a referendum quizlet what is a referendum quizlet

Who creates petitions: The secretary of state creates the form and the petitions at the expense of the sponsors (W.S.1977 22-24-310; 22-24-311). Code 84107). a. increase the number of political parties. Next state election, if 60 days intervene between the date when such petition is filed and the date for holding such state election; if that is less than 60 days, then the law must be submitted to the people at the next state election, unless it is repealed before then. II, 1e). Which election: The first statewide election held more than 180 days after adjournment of the session during which the act was passed (Const. A committee formed to support or oppose a ballot measure must register by filing a statement of organization with the Ethics Commission when its contributions or expenditures exceed $1,000. Const. (SDCL 2-1-3). Const. Art. Code Ann. III, 5). In Nebraska, the total number of signatures is based upon the total number of registered voters in the state. A successful referendum may alter the division of the Constitutional power between Commonwealth and State Parliaments. Nebraska: not less than 35% (Const. 11 3), Collected in-person: No direct statute (F.S.A. One year after the petition is approved by the secretary of state for collection, and deadline of 120 days before the election it is to be voted upon. Who can sign the petition: Registered electors of the state (Const. The initiative and referendum process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. II, 1(d)). 6, 10). 5, 1 and A.C.A. Amending or diverting funds from a referendum measure requires a three-fourths vote of the members of each house of the legislature, and the amendment must further the purposes of the measure (Const. 3501.38). Where to file: Secretary of state (OR CONST Art. Art. Paid per signature: Prohibited (MCA 13-27-102). Verification: A random sample of 5% of the signatures is verified by county recorders (ARS 19-121.01(B)). Must include full text of the measure, a ballot title and a popular name (A.C.A. 72.050 and .060). 1(3)). 21 1, Colorado: C.R.S.A. Where to file: Secretary of state (Const. Submission deadline of signatures: Ninety days from the official set date from the secretary of state (34 Okl.St.Ann. 23-17-1), Proponent organization and requirements: Statement of organization if operating financially (Miss. 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. 8). After the hearings, the proponents and Governor's Office of Management and Budget may revise (U.C.A. Art. Code 9031). 273; Miss. Referendum This is power in the hands of the electorate to either accept or reject a proposal to an existing legislation through an election called for this purpose. Circulator requirements: 18 years of age (NRS 295.0575). 7-9-107). 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. 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. Details: Every initiative state requires some form of public notice. Verification: Random sampling (SDCL 2-1-16). 32-1407), Submission deadline of signatures: Four months prior to the general election (Neb. a. funding money through unregulated PACs 34-1807, 34-1705). Paid per signature: May be paid but not on number of petitions circulated or signatures obtained. Constitution 48, Init., Pt. Where to file with: Secretary of state ( 34-1804). 4, Pt. III, 6). Where to file: State Board of Election Commissioners (Const. preliminary filing of a proposed petition with a designated state official; review of the petition for conformance with statutory requirements and, in several states, a review of the language of the proposal; preparation of a ballot title and summary; circulation of the petition to obtain the required number of signatures of registered voters, usually a percentage of the votes cast for a statewide office in the preceding general election; and. Art. 1(5)). 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. Ballot title and summary: The official title of the bill that is subject to the referendum appears on the ballot. Timeline for taking effect: 30 days after the election (Const. 116.110). Where to file with: Attorney general (O.R.C. If statute petition is passed by the legislature, then it is subject to the referendum. If a second sampling is needed, an estimated duplication rate will be calculated. 8). 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). General election, while petitions cannot be filed more than 65 days before the deadline. The maximum number of signatures counted from any individual congressional district is one-fifth of the total number required. Const. Proponent financial disclosure requirements: Include but may not be limited to statewide ballot question committee must file pre-primary, pre-general, year-end and, if applicable, supplemental report and amendments (SDCL 12-27-22; SDCL 12-27-3). M.C.L.A. (Note: This provision was found unconstitutional by a superior court judge, affirmed by the state supreme court in August 2020.) 32. Art. Art. Paid per signature: Cannot pay based on signature total collected. The following 26 states have initiative and/or veto referendum processes at the statewide level. 1-40-111), Paid per signature: Allowed but must obtain license and training (CRS 1-40-135), Allowed to pay another for their signature: Prohibited (C.R.S.A. Which election: Statewide or a special election called by the governor (Const. 34, 25). If amended, expired or rejected, it goes onto the ballot. Considered a committee if individual raises or spends more than $5,000. Law 6-204(c)). XVI, 4). Who creates petitions: Secretary of state (Neb.Rev.St. When does public opinion polling take place during a campaign? Art. One of three authorized people must submit a notice of withdrawal with the secretary of state. The attorney general reviews the ballot title after signed petitions are turned in (34 Okl.St.Ann. Circulator oaths or affidavits: Official sponsors must sign at least two-thirds of the petitions (DCL 2-1-1.2). **Residency requirement was struck down by Term Limits Leadership Council v. Clark (1997). 23-17-17; 23-17-19, Montana: MCA 13-27-201; 13-27-202; 13-27-204; 13-27-207, Nebraska: Neb.Rev.St. Petition title and summary creation: Secretary of state (21-A MRS 901(4)). Art. 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. Timeline for taking effect: Upon publication of the certificate by the secretary of state of the result of the vote (Const. Several states require two officials to write or review the title and/or summary, given their importance to a ballot measure. Six states do not have a law governing conflicting measures: Florida, Illinois, Montana, Oregon, South Dakota and Wyoming. 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. Art. Public review or notice: Any voter or group on or before July 20 may file an argument of 500 words or less. d. All of the above involved ideological clashes. 116.090). The attorney general may approve the title or revise as necessary to comply with the law. Note: It is unclear whether the following language applies only to initiatives or also to referenda: This Article does not permit the proposal of any statute or statutory amendment which makes an appropriation or otherwise requires the expenditure of money, unless such statute or amendment also imposes a sufficient tax, not prohibited by the Constitution, or otherwise constitutionally provides for raising the necessary revenue., General appropriation laws; laws providing for the preservation of the public peace, health or safety; for the payment of the public debt or interest thereon, or the creation or funding of the same, except as in this constitution otherwise provided; for the maintenance of the public schools or state institutions; and local or special laws. Ten states do not have a geographic requirement; 14states do. Art. The referendum for constitutional ratification was first used in the state of Massachusetts in 1778. The sponsor may file a written notice to withdraw the initiative with the secretary of state. Art. Art. 2, 4, Pt. Revised statutes now require that signatures be equally collected among all the petition districts (congressional districts), and this was held to be constitutional (N.R.S. Proponent organization and requirements: When first filing the petition, no more than three primary proponents must be designated (34 Okl.St.Ann. Legislature or other government official review: The secretary of state consults with the legislative counsel for any technical suggestions, which will be posted to the secretary's website (N.R.S. Art. Const. Art. Code Ann. IV, 1(4) and ORS 250.045). . a. a referendum. 7-9-103). 6). That makes a total of 24 states with an initiative process. 1-40-111). Verification: County officials verify each signature, printed name, date of birth and address with the voter registration records to determine if the signer is a registered voter (NRS 32-1409). Const. Semiannual statements of contributions and expenditures are due July 31 and January 31. Art. 26. Const. In three states (Massachusetts, Ohio and Utah), proponents must gather additional signatures to place the measure on the ballot; in the others, it automatically goes to the ballot. Which of the following pits candidates against each other, regardless of party affiliation? II, 1g; O.R.C. Time period restrictions before placed on the ballot: See timeline and deadlines. Art. 23-17-47; 23-17-49; 23-17-51; 23-17-53, Missouri: V.A.M.S. The referendum also permits the Legislature itself to refer proposed legislation to the electorate for approval or rejection. 8), South Dakota (SDCL 12-13-25.1; 12-13-26; 2-1-1-1; 2-1-1-2), South Dakota (SDCL 12-13-25.1; 12-13-26), Alaska: AS 15.13.040; 15.13.050; 15.13.065; 15.13.110, Arkansas: A.C.A. Nebraska: The revisor of statutes reviews and recommends revisions with respect to form and draftsmanship. 11 906(6)(B)). 2, 10), Timeline for taking effect: Day after the election unless otherwise specified (Cal.Const. Const. The voters name does not appear on the electoral roll for the given precinct (polling place), because the voter is not registered to vote or is registered to vote elsewhere. Number of signatures required: 5% of the total votes cast for governor at the last election (Const. Art. Additional signatures are needed then. Which election: Next regular or general election subsequent to the 125 days after filing (OH Const. 3, 18), Massachusetts (M.G.L.A. Const. NDCC Const. Cure period for insufficient signatures: None specified. 2, 3). Cure period for insufficient signatures: There is a 15-day cure period after a statement of insufficiency is issued by the secretary of state, and proponents may deliver additional signatures during this time (CRS 1-40-117). The attorney general may approve the title or revise as necessary to comply with the law (34 OS 8(H) and 9). In 2002, NCSL published Initiative and Referendum in the 21st Century, an in-depth study on initiatives and referenda that includes recommendations for policymakers. What is on each petition: Full text of the measure, follow prescribed form, signatures, warning, fiscal impact and a simple statement of the gist of the proposition (OK Const. Circulator oaths or affidavit required: Yes (Const. The petitions must be signed by registered voters in an amount equal to 5% of the votes cast for all candidates for Governor at the last gubernatorial election, which was held on November 8, 2022. Public review or notice: Pro and con statements and explanations are made public prior to the election in newspapers, in public offices and on the secretary of states website (OH Const. b. is protected absolutely by the First Amendment, according to the Supreme Court. See ACA 7-9-126. 168.474a; 168.486; 168.477; 168.32). Collected in-person: Yes; petition includes language verifying that each person has "personally signed" (RCW 29A.72.130). 7-9-107), Legislature or other government official review: No statute, Public review or notice: Notice to be posted in statewide newspaper five months before election at expense of petitioners (Ark. 54 53). May amend the initiative with three-fourths vote, but may only amend to further the purpose of the measure. Petition sponsors may not gather signatures without first forming a ballot issue committee (Elec. And if raising more than $5,000 in a year, the entity must register as a ballot question committee and then must file Campaign Statements and other forms with the Nebraska Accountability and Disclosure Commission, all on a set timeline (Neb.Rev.St. LXXXI, 4). II, 1(b) and RCW 29A.72.150). Reports of contributions and expenditures are due quarterly in calendar years without elections. Art. The official title of the bill that is subject to the referendum appears on the ballot. Which election: At the next ensuing election held throughout the state for members of the U.S. House of Representatives (Const. Washington requires 60 percent approval for laws authorizing gambling or lotteries (Washington Const. VI, Subpt. Art. 1-40-105). 7-9-404; 405; 406; 407; 408; 409, California: Cal.Gov.Code 82013, 84200, 84202.3, 85309, 84511, 84101, Cal.Elec.Code 18680; Form 460, Colorado: C.R.S.A. Collected in-person: Yes, in the presence of the circulator (IC 34-1807). Proponent financial disclosure requirements: Include but may not be limited to regulations on contributions, deadlines for filing reports, airing electioneering advertisements, statements, political communications, solicitation from certain groups and expenditures (O.R.C. If legislature amends, it does not go into effect until the original is rejected by the voters. Attorney general aids summary. Veto referendum. 19-121.01). 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. Which election: Biennial regular election (IC 34-1803). Secretary of state and attorney general jointly make a more descriptive ballot question summary to be sent to voters. May also post in newspaper (21-A M.R.S.A. XVI, 1; O.R.C. 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. Must be submitted to the local registrars two weeks before submission to secretary of state (M.G.L.A. If a congressional district has 110 % of the needed valid signatures, the petition qualifies in that district. Repeat measures: Cannot be same as a measure at either of the two preceding biennial state elections (M.G.L.A. Code 16.1-01-10). 4, 1, Pt. For indirect statutory initiatives, the timeline begins on Jan. 1 of the year preceding year in which a regular session of the legislature is held and then filed by the second Tuesday of November in an even-numbered year, or the next day (N.R.S. When formed as a ballot question committee, it must file campaign statements and other forms with the Nebraska Accountability and Disclosure Commission, all on a set timeline (NRS 49-1401). 168.471 and M.C.L.A. What is the purpose of the referendum process quizlet? Petition title and summary creation: Petition must include a summary of 100 words or less (MCL 168.482). Timeline for taking effect: Thirty days after it is enacted or approved by a majority of the votes cast (OR CONST Art. 40. Details on who or which offices writes the title and summary are listed below. c. majority rules Const. The Legislative Counsel Bureau distributes items to legislators, public libraries, newspapers and broadcasters (N.R.S. Number of signatures required: 5% of votes cast for all candidates for governor at the last gubernatorial election (Const. 12, 2), Mississippi (MS Const. Art. 2, 9; Const. 1953 20A-7-204.1; 20A-7-208; 20A-7-702). Art. Application process information: Not specified. Therefore, rules restricting the ability to change or repeal measures apply to statutory measures, which are available in 21 states. Sponsors of advertising must file a report within 24 hours of the time the advertisement is published, mailed or otherwise revealed to the public if the advertisement qualifies as an independent expenditure or has a fair market value or actual cost of $1,000 or more. Timeline for taking effect: First Tuesday after the first Monday in January following the election unless otherwise specified (F.S.A. Const. Rule 2.79; Oklahoma Ethics Commission's Guide for Political Action Committees). Withdrawal process of individual signature: Signer or attorney of the signer may remove a signature before official filing (O.R.C. c. Mike Huckabee and John McCain in 2008 V, 7). 1953 20A-7-202; U.C.A. Art. d. the unitary system. The total number of signatures required, is 546,651. Where to file: Attorney general, then petition goes to secretary of state (Cal.Elec.Code 9001, 9004; Cal.Const. $100; refunded if application is properly filed, Const. 23-17-7; 23-17-9; 23-17-15, Proponents, approved or rewritten by attorney general, Proponent, with possibility of being amended by statute, Secretary of state and approved by the attorney general. Art. Who can sign the petition: Any qualified voter (AS 15.45.350). Cookies are small text files that can be used by websites to make a user's experience more efficient. 295.056). Amendments that propose a tax or fee not in place in November 1994 require a two-thirds vote to pass. St. 32-1405; 32-1406). d. It officially repudiated the principle of "one person, one vote.". The same title drafted by the title board in the pre-qualification is used on the ballot. Art. Art. Must file a statement of formation as a political action committee within 10 days of formation. Art. But you explicitly may pay based on hourly wage or salary, express or implied minimum signature requirements for the circulator to meet, terminate someone's employment if they do not meet "certain productivity requirements," and pay discretionary bonuses based on reliability, longevity, and productivity (SDCL 12-13-28). 34-1807), Paid per signature: Ban overturned (Idaho Coalition United for Bears v. Cenarrusa, 2001), Allowed to pay another for their signature: Prohibited (I.C. 5, 1). 3, 2; NDCC, 16.1-01-17. The secretary of state is prohibited by law from accepting for filing any 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. Art. Geographic distribution: Signers must be from at least three-fourths of the states house districts, and signatures in each house district must equal at least 7% of those who voted in the preceding general election in the house district (AS 15.45.350(2)). Repeal or change restrictions: Legislature may propose alternative measure or initiate the standard process for amending the constitution (MS Const. In 18 states, the application to circulate a popular referendum petition is filed with the chief election officer. Art. This bill would (concise description). 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. Const. Art. Steps for an Initiative to become Law Write the text of the proposed law (initiative draft). General review of petition: None other found. XVI, 3(b)). Art. Hosting rallies, festivals, and concerts that draw attention and promote voter awareness, So people have more options than just voting on Election Day. ; 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. General review of petition: Secretary of state reviews and processes the petition, along with the attorney general and the Supreme Court (34 Okl.St.Ann. Art. 5% of the votes cast for governor at the preceding election; 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. That means the total number of signatures required for ballot access will vary depending upon which congressional districts sponsors put together to reach the total of six . Geographic distribution: Original geographical requirement found unconstitutional. The power to make laws in relation to Aboriginal people remained with the States. Timeline for taking effect: Thirty days after the official declaration of the vote unless provided otherwise in the measure (Mississippi Const. 22-25-106). Art. The second question was to determine whether two references in the Australian Constitution, which discriminated against Aboriginal people, should be removed. 7-9-404; 405; 406; 407; 408; 409). Timeline for collecting signatures: 18 months (W.S.1977 22-24-315). In some states, the legislature or governor may order a special election for a measure. Art II, 10 and Elec. Withdrawal process of individual signature: By crossing out his or her own signature at any time prior to the time when the petition is presented to the county clerk for signature verification, or at any time after presentation of the petition to the county clerk but prior to verification of the signature, by presenting in writing or submitting electronically to the county clerk a signed statement that the signer desires to have his name removed from the petition. The other 19 states limit the subject matter of laws that the popular referendum can address. Art. 4, Pt. Const. Proponents draft and submit a ballot title in their original filing. 14, 9). 19-111; 19-124). unitary, 12. III, 6). Pre-election statements must be filed 40 and 12 days before the election. What is on each petition: Sponsors create petitions pursuant to guidelines in statute. Circulator requirements: At least 18 years old and a qualified elector (34 Okl.St.Ann. XLVII, Pt. Proponent organization and requirements: At the time of filing a draft, proponents must designate the names and mailing addresses of two people who will represent the proponents in all matters related to the petition (CRS 1-40-104). 4, Pt. Who creates petitions: Secretary of state prepares an official template for the cover sheet and signature sheets for each petition (ORS 250.052). Thus, a referendum is a measure that's referred (that is, sent on) to the people. Ballot title and summary: Secretary of state in consultation with the attorney general, but the full text of the measure is included if it is not too long (NDCC, 16.1-06-09). 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). 19-124). Art. II, 1b), Types allowed: Direct statutory and constitutional amendment initiatives, and popular referendum, Single subject rule: Yes (OK Const. Section 51 (xxvi) of the Commonwealth Constitution stated that the Commonwealth could make laws for the "people of any race, other than the Aboriginal race in any state, for whom it is deemed necessary to make special laws.". An initiative may be direct (a proposal supported by the required number of voters is submitted directly to a popular vote for decision) or indirect (the proposal is submitted to the legislature). Art. 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. No county recorder or justice of the peace may circulate, and no circulator banned pursuant to 19-119.01 ((A.R.S. 106.19, 100.371, 120.54), Who creates petitions: Approved by secretary of state (F.S.A. St. 32-1405). Art. 33. The most common requirements: that they be at least 18 years old, a citizen, a registered voter and/or a resident of the state. If the attorney general does not approve of the statement, they prepare one themselves (MCA 13-27-312). Legislature or other government official review: 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. Verification: The circuit clerk of each county in which the petition was circulated will verify the name of every qualified voter who signed the petition (Miss. 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. 116.334). License petition entity must register with secretary of state and obtain license (C.R.S.A. II, 1d). 3, 2), Proponent organization and requirements: No additional. Majority to pass: Yes (NDCC Const. They exist in a variety of forms. 1953 20A-7-205). Petitions must be submitted either before 5 p.m. 30 days after the first individual signs the petition or 40 days after the legislative session ends, whichever is earlier. May not repeal/modify the state's Bill of Rights, amend/repeal provisions relating to the state's public employees' retirement system, amend/repeal right-to-work provision or modify the initiative process, and special rules if includes expenditures.