Application process information: The person(s) or organization(s) under whose authority the measure is to be referred must deliver to the secretary of state the petition, signed by at least 20 qualified electors of the state (IC 34-1804). Types allowed: Direct initiative for statutes and amendments and popular referendum, Single subject rule: Constitutional amendments only, not statutes (A.R.S. LXXIV, 2 and M.G.L.A. Allowed to pay another for their signature: Prohibited (ORS 260.558). Record Argument in favour of the proposed Constitution Alteration (Aboriginals) 1967 This document summarises the arguments in favour of changing sections 51 and 127 in the Australian Constitution. Requirements for Constitutional Amendments | ConstitutionNet Art. 168.482; 168.544c, Mississippi: Miss. Art. Secretary of state, revisor of statutes and attorney general, M.G.L.A. 15, 273 and Miss. Art. Elections and Voter Information Ballot Measures Referendum Article II, Section 9, of the California Constitution provides for the referendum process in California. Proponent financial disclosure requirements: Include but may not be limited to organizations supporting or opposing ballot measures considered political action committees and can be considered an unlimited committee, unlimited contributions to unlimited committees, and filing statements of organization and when contributions are made of greater than $1,000 (34 Okl.St.Ann. Art. 3501.38). V, 1(6) and C.R.S. 3, 52(f)). Vote requirement for passage: Majority (MCA 13-27-504). Art. Grounds for denial are improper form, insufficient sponsors, or more than 90 days have passed since adjournment of the session (AS 14.45.310). 23-17-45). Which election: The first statewide election held more than 180 days after adjournment of the session during which the act was passed (Const. IV, 1). Const. 130.110; 130.120; 130.029; 130.046; 130.041). Who can sign the petition: Registered electors of the state (M.C.L.A. 54 53). 11 3). A.R.S. Art. Art. Art. Then within 15 days the attorney general provides certificate of review. Const. Art. Art. Proponent financial disclosure requirements: Include but may not be limited to being covered by the states campaign finance laws, must follow reporting rules, and file statement of organization (RCWA 42.17A.005; 42.17A; 42.17A.205). Const. Conflicting measures: Voters may choose one or reject both. Four states require training for circulators: Twenty-two states (all except Massachusetts) require circulators or proponents to sign affidavits or other sworn statements as to the accuracy or authenticity of the petitions. Ballot title and summary: Lieutenant governor forwards petitions that are qualified for the ballot to the Office of Legislative Research and General Counsel, who drafts an impartial title of not more than 100 words summarizing the contents of the proposal. 3599.03). 19, 3) and summary statement drafted by proponents (NRS 295.009). Legislature or other government official review: Secretary of state writes arguments for and against the measure with information provided by proponents and opponents (Neb.Rev.St. What is on each petition: The petitions must have a copy of the bill, an impartial summary, a warning, space for signatures, and if the circulator is paid (W.S.1977 22-24-304; 22-24-310; 22-24-311). 48, Init., Pt. These essays will form the basis of a referendum pamphlet to be mailed to all households several weeks before the vote, which is to be held in the final three months of 2023. 5, 1). Secretary of state, in consultation with attorney general, OH Const. [12][13], After a reduction in the number of referendums in the Mid-twentieth century, the referendum as a political tool has been increasing in popularity since the 1970s. If 110 % or more, the petition passes. 22-24-416). Ballot measure committees must file pre-primary, pre-general, year-end and, if applicable, supplemental reports in even-numbered years. But the ballot paper might not be quite what . The initiative power extends only to laws which the legislature may enact. Conflicting measures: No statute found other than if the attorney general determines that their subject/purpose/effect are similar, they will give them identical ballot titles (OR Rev. Const. If the petition is insufficient, the sponsors have 10 extra days to collect more signatures (OH 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. For direct constitutional amendments, it is nine months and three weeks. Verification: The regular boards of judges, clerks and officers count all of them (I.C. 2, 3). 2023. 1953, Const. Art. III, 6). Proponent financial disclosure requirements: Registration is required prior to making an expenditure for or against a ballot measure; group name must include the title or common name of the measure if the group intends to make more than 50% of its contributions or expenditures toward a single measure (AS 15.13.050). Secretary of state will choose one argument for and one against to print in the voter pamphlet, which is mailed to every household in the state (I.C. Constitution 48, Init., Pt. Who creates petitions: Secretary of state prepares an official template for the cover sheet and signature sheets for each petition (ORS 250.052). (Most of the time.). 48, Init., Pt. 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. Geographic distribution: 3% of the votes cast for the office of governor in the last election in half of the counties each (OH Const. Public review or notice: The secretary of state also furnishes an information pamphlet with the title, fiscal statement if applicable, its complete text, the form in which it'll appear on the ballot, arguments for and against it, and rebuttal arguments, and will publish notices in newspaper (MCA 13-27-401; 13-27-402; 13-27-410; 13-27-311). Art. Const. 22-24-407). (RCW 29A.72.230). This committee is responsible for preparing the arguments for the measure and any rebuttal arguments in the information pamphlet (MCS 13-27-402). Quorums are typically introduced to prevent referendum results from being skewed by low turnout or decided by a motivated minority of voters. III, 2). 7-9-105). The secretary of state submits the title to the attorney general for approval when signed petitions are timely filed for verification. Certain states enshrine the power of the public to conduct referendums in their constitution. Const. Application process information: Written application including full text of proposed law and summary that explains its purpose, signed by five people and the applicant (21-A M.R.S.A. Stat. And, in some states, the review is purely technical; the proposal is reviewed to ensure it meets the legal requirements for format and style and adheres to drafting conventions. A petition may only be rejected if two different sampling processes determine it does not have sufficient signatures. Other requirements may include a legal warning, a statement that the petition circulator is paid, a summary of the proposed measure, the full text of the measure, the county or district where the signature was collected and more. Petition sheets also always include space for signatures. Art. Petition title and summary creation: Petition bears the title of the bill it seeks to repeal (Mo.Rev. States may have the direct initiative, the indirect initiative or the choice of either. [8] However, this is erroneous as not all federal referendums have been on constitutional matters (such as the 1916 Australian conscription referendum), and state votes that likewise do not affect either the federal or state constitution are frequently said to be referendums (such as the 2009 Western Australian daylight saving referendum). Art. 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. Art. For constitutional amendments, 10% of votes cast for governor in last election. 4, Pt. Twenty-three states have a popular referendum process. Art. II, 9). 5, 57; Art. 7-9-103). 53 7). Cal.Elec.Code 9014; 9016; Cal.Const. II, 1(b) and RCW 29A.72.010. Withdrawal of petition: Any time before the final submission of signatures, the delegated proponents may write to the secretary of state to withdraw (34 Okl.St.Ann. 21. Art. Const. Art. Then they deliver the verified packets to the lieutenant governor. Timeline for collecting signatures: Twelve months. Petition sponsors may not gather signatures without first forming a ballot issue committee (Elec. 3, 4; Art. Subject restrictions: Prohibited subject areas include 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 (Const. Art. Nearly four months after Liberians voted in a constitutional referendum on 8 December 2020, the chairperson of the National Elections Commission (NEC) reported, on 1 April, that none of the items presented to voters met the constitutional threshold to pass. Washington: equal to one-third (Const. 2, 3). Which election is a measure on: General election (SDCL 2-1-17). "Petition organizer" means a business entity that receives compensation for organizing, supervising or managing the circulating of petitions. Types allowed: Direct citizen initiative for statutes and amendments and popular referendum, Single subject rule: Yes (C.R.S.A. Four states require measures to pass with a majority of voters, but the measures must also have been voted upon by a certain percentage of the total number of voters who voted in that election. 4, 5; M.G.L.A. Code 9001). Must also provide a notarized list of names of proponents and a statement of organization. 19, 6). Const. 14, 3), Who can sign the petition: Registered Illinois voters (ILCS Const. 19, 1). 1953 20A-7-201). 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. Art. 7-9-104; A.C.A. This ensures that measures are not passed by a small minority of voters, either because of a low turnout election or ballot-drop off (where voters only vote partway through a ballot). Art. Under the constitution, an act takes effect 90 days after it is enacted. Where to file: Secretary of state (Const. 2; 21 Okl.St.Ann. Where to file: Secretary of state (MCL 168.471). 168.32). Since the end of the 18th century, hundreds of national referendums have been organised in the world;[21] almost 600 national votes have been held in Switzerland since its inauguration as a modern state in 1848. IV, 1). In 1982, Guam had a referendum that used six options, with an additional blank option for those wishing to (campaign and) vote for their own seventh option. This wording must be used: Shall a law (here insert description, and state, in distinctive type, whether approved or disapproved by the general court and by what vote thereon) be approved?, No statute found; see Michigan Manual 2009-2010, p. IX-2. 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. Code 9014). IV, 1). Art. Geographic distribution: 15% of the total vote cast in the last election in at least of two-thirds of counties (Const. Art. Two years for collection, and deadline of four months prior to the general election. 250.045; 260.035; 260.054). Must also file with the secretary of state not less than four months before the election at which initiatives are to be voted on. Number of signatures required: 10% of those who voted in the preceding general election (AS 15.45.370(2)(A)). V, 3; 34 Okl.St.Ann. Geographic distribution: Not more than half may be residents of Baltimore City or of one county (Const. 32-1411. Circulator oaths or affidavits: Yes (V.A.M.S. II, 1(d)). General election, and filed at least six months before the election with the secretary of state. II, 1g and ORC 3501.38). Petition title and summary creation: Attorney general drafts ballot titles and certifies statements (O.R.S. A statement of purpose and implication, not to exceed 135 words, and yes-no statements are drafted by petitioners and reviewed and approved by the attorney general. Code 100). For direct initiatives, proponents collect signatures and place the measure directly on the ballot once its certified and verified. 19-123 and A.R.S. Withdrawal process of individual signature: A voter may have their signature removed by submitting a statement requesting such to the county clerk no later than the earlier of 14 days after the day the voter signs a statement requesting removal or 45 days after the clerk posts the voter's name under 20A-7-306(3)(c). Const. The second sampling must use a greater number of signatures than the first. 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. 23-17-47; 23-17-49; 23-17-51; 23-17-53). Circulator oaths or affidavits: Yes (O.R.C. Code Ann. Art. Must report name and address of donors of $50 or more. Collected in-person: Yes (U.C.A. Submission deadline of signatures: Sponsors must submit signatures no later than six months before the election and can only start collecting the day after the previous general election (V.A.M.S. Circulator requirements: According to secretary of state's. Single subject rule: Yes (Const. Art. 4; Art. Massachusetts (M.G.L.A. Who can sign the petition: Registered voters (A.C.A. Art. Vote requirement for passage: Majority (Const. 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). The committees select a chair and may prepare arguments and rebuttals, which will be reviewed by the secretary of state for the ballot (N.R.S. To place amendment on ballot, legislature must pass resolution with three-fifths majority (F.S.A. Art. Art. and the remainder of the required signatures shall be filed not later than the first Wednesday of the following December. After review by legislature, the second 0.5 % of signatures are to be collected between mid-May and July. A voter desiring to vote in favor of the law that is the subject of the referendum shall mark the square adjacent to the word "For" (Utah Code 20A-7-309). III, 2; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. Petition title and summary creation: Petition must include a summary of 100 words or less (MCL 168.482). Art. And secretary of state will hold public hearings at least 95 days before the election (O.R.S. $100; refunded if application is properly filed, Const. Does the law in question take effect before the referendum vote: No act, law or bill subject to referendum shall take effect until 90 days after the adjournment of the session at which it was enacted (Const. Circulator requirements: 18 years of age (34 OS 6). Circulator requirements: Resident,18 years old and paid circulators must wear badges (U.C.A. 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. What is on each petition: The cover of the petition must contain the name and address of the chief petitioners, the measure summary and a statement as to whether circulators are being paid. The following 11 states use a statistical sampling method to determine if petitions have enough valid signatures: Eleven of the popular referendum states specify a procedure by which a person may withdraw their signature from a petition. Prior to receiving a contribution or making an expenditure, a campaign must designate a treasurer by filing with the secretary of state. 3, Sec. 1(6B)). They must also designate a committee of five to represent the proponents (O.R.C. V, 1(3)). Const. Geographic distribution: The registered voters signing such petition shall be so distributed as to include five percent of the whole number of votes cast for governor at the last election in each of two-fifths of the counties of the state (Const. Ballot issue committees must file reports of contributions and expenditures on or before the fourth and second Friday immediately preceding a general election and on or before the second Tuesday after a general election. 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. Where to file with: Secretary of state (RCWA Const. Vote requirement for passage: Majority (Const. Art. Art. Public review or notice: A pamphlet containing titles, summaries, arguments or explanations for and against each measure and alternative (sponsors may prepare their own arguments/explanations, otherwise the Secretary of State will). Art. Verification: The secretary of state may use any statistical sampling techniques for this verification and canvass which have been adopted by rule as provided by chapter34.05RCW. Art. For constitutional amendment initiatives, 4% of resident population. If the legislature enacts the proposal, no further petition takes place and the proposal becomes law. Therefore don't raise questions which require them, such as the big versus the little states.[31]. XVI, 5(b)). 4, Pt. Application process information: The sponsor must file a copy of the measure signed by 1,000 electors (and not more than 2,000) with the secretary of state, along with the text of the measure, whether they plan to use paid circulators, and designating three chief petitioners (O.R.S. Const. 293.1276 to 293.1279). Five states impose an additional threshold. Petition title and summary creation: The filer submits a description pursuant to N.R.S. Art. Withdrawal process of individual signature: Any signer may withdraw their signature by giving their name, address and contact information to the secretary of state before the petition is filed (Wyo. 1953 20A-7-202; U.C.A. 2. Constitution 48, Init., Pt. 5, 6; 34 Okl.St.Ann. Art. Repeal or change restrictions: None (Const. Not more than half of signers may be residents of Baltimore City or of one county. Art. Art. Art. Timeline for collecting signatures: Once the petition is approved and a serial number is issued, sponsors have until 5 p.m. on the 90th day after the legislature session adjourns. In all states, a qualified popular referendum may be placed on the ballot in a statewide general election. 12, 2; M.C.L.A. Number of signatures required: 5% of the number of votes cast for all candidates for governor in the last general election (Const. Outer page of petition pamphlet includes warning to signers. Timeline for collecting signatures: Six months to turn in signatures once petitions have been titled and certified for circulation (C.R.S.A. Subject restrictions: Cannot be used on laws necessary for the immediate preservation of the public peace, health or safety, and appropriations for the support and maintenance of the departments of state and state institutions (Const. Application process information: Petition must be presented to secretary of state for approval as to form. States may apply a single-subject rule or other restrictions. The referendum vote gives you the opportunity to decide on a better future for the country. 2, 24). Art. 1-40-105). In recent years, referendums have been used strategically by several European governments trying to pursue political and electoral goals. Art. What is on each petition: Petition includes original title of the act to be referred and a statement by signers. Art. Art. 19-113). 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. Art. Tit. In the Australia federal political context, the word 'referendum' is used to describe a vote to change the Australian Constitution. 1953 20A-7-203). What is on each petition: Must follow form per statute, include full text of the measure, follow paper requirements, and printing instructions and internet posting requirements (MCA 13-27-201; 13-27-202; 13-27-204; 13-27-207). 14, 3), Ballot title and summary: Proponents but certified by state board of elections and reviewed by attorney general (see 10 ILCS 5/28-5; 10 ILCS 5/16-6; 5 ILCS 20/2), Time period restrictions before placed on the ballot: Filed at least six months before the election with the secretary of state (ILCS Const. Ballot measure committees have the following additional reporting requirements: initial disclosure report is due 15 days after the committee begins raising or spending money, with subsequent quarterly reports until the pre-election report is due. 3, 52). For example, in 2011, voters in Wisconsin launched an unsuccessful referendum to recall Governor Scott Walker. Const. The Financial Impact Estimating Conference members of one person from the governors office, the coordinator of the Office of Economic and Demographic Research, one professional senate staffer and one professional house staffer (F.S.A. 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. 2, 9). 353). If paid, must also register with the secretary of state and take training program (O.R.S.

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