CHAP. 13 Sample Exam Flashcards | Quizlet In odd-numbered years, year-end reports are required (SDCL 12-27-22). No filing fee is specified (Mo.Rev.Stat. In 18 states, the application to circulate a popular referendum petition is filed with the chief election officer. Code 9001, $2,000; refunded if measure qualifies for the ballot within two years. Art. St. 32-1410), Time period restrictions before placed on the ballot: Four months prior to the general election (Neb. Legislature reviews the measure as submitted to it by the proponents. 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.
Direct Democracy in California: History and Functions Art. Art. And no measure that names an individual to hold office or names private corporation to perform any function. 7-9-111). 3, 18). For direct initiatives, six months to collect (submit proposed measure within 10 months with deadline to submit four months out from the general election). The president of the Senate and the speaker of the House of Representatives have authority to designate groups of members to prepare arguments for and against amendments to the Ohio Constitution proposed by the General Assembly, a person or persons to prepare an argument for any law, section, or item submitted to the electors by referendum petition, and a person or persons to prepare an argument against any constitutional amendment proposed by initiative petition. Legislature or other government official review: The legislature may determine method of determining fiscal impact (NDCC Const. 53 7. NDCC 16.1-01-12(1)(j), 16.1-08.1-02, 16.1-08-03. Paid per signature: May be paid but not on number of petitions circulated or signatures obtained. Art. Amend. 165-014-0005 Designating the State and Local Initiative, Referendum, Referral and Recall Manuals and Forms (1) The Secretary of State designates the State Initiative and Referendum Manual revised 02/2022 and associated forms as the procedures and forms to be used for the state initiative and referendum process. Art. 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. Prepared by state auditor, and proponents may submit proposed review. Signatures must be submitted no later than 18 months after the petition form was furnished by the secretary of state, and each signature is only valid for one year. Art. Conflicting measures: Measure with greatest number of affirmative votes is enacted, although the entire competing measure might not be superseded (>I.C. Verification: County officials ascertain whether each part-petition is properly verified, and whether the names on each part-petition are on the registration lists of such county, or whether the persons whose names appear on each part-petition are eligible to vote in such county, and to determine any repetition or duplication of signatures, the number of illegal signatures, and the omission of any necessary details required by law (ORC 3519.15). Fiscal statements are the most common type of review, giving estimates and analysis on the likely fiscal impact the proposed measure will have on the state. No. Timeline for collecting signatures: Must be 180 days from official summary date by attorney general (Cal.Elec.Code 9014). What is on each petition: Petition is addressed to the secretary of state and must contain for each petitioner a declaration that he is a qualified elector, address and date of signature. Art.
What is an initiative referendum and recall? - Short-Fact Petitions must be submitted not less than four months prior to the next general election.
Initiative and referendum - Ballotpedia For indirect statutory initiatives, signatures must be collected from at least 44 of 88 counties, equaling 1.5% of the votes cast for governor in each county in the previous election. Art. This page provides state primary and presidential election dates for 2024 when legislative, congressional, gubernatorial, statewide office and presidential primary contests will be on the ballots in 46 states. Art. Const. 34-1804, 34-1809). In 2002, NCSL published Initiative and Referendum in the 21st Century, an in-depth study on initiatives and referenda that includes recommendations for policymakers. 116.332). 100.371), Geographic distribution: Signatures in each of one-half of the 27 congressional districts of the state (F.S.A. 6; Oklahomans for Modern Alcoholic Beverage Controls, Inc. v. Shelton, Okla., 501 P.2d 1089, 1972). For constitutional amendments, generally take effect upon passage (Opinion of the Justices (1972) 287 N.E.2d 910, 362 Mass. Proponents may amend before submission to the secretary of state (C.R.S.A. Art. Two official representatives of the proponents must attend all petition review meetings. 32-1405.01; 32-1405). 15, 273), Ballot title and summary: Attorney general (Miss. Art. Payment on a per-signature basis prohibited; bonuses based on reliability, longevity and productivity are permitted. The timelines for signature gathering for popular referenda differ significantly from those for initiatives. 3599.03, Oklahoma: 34 Okl.St.Ann. 250.045; 250.067; 250.035; 250.036; 250.075. Initiatives and referendums, which come from a variety of ideologies, can enact changes within governments at the local, state and national levels. Art. Maine: Secretary of state, along with revisor of statutes, may reject petition application if it does not conform to drafting conventions for statutes. 19-112), Colorado (Const. Who creates petitions: Unclear who actually creates the petition, but it must be created according to a form prescribed by the secretary of state (NDCC 16.1-01-09). 12, 2). 19-113). Stat. Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. Like the initiative and referendum, recall originated in Switzerland, where it was made applicable to the entire legislature as well as to individual officials. 19, 2; American Civil Liberties Union of Nevada v. Loma (2006); N.R.S. 116.332). Ballot title and summary: The official title of the bill that is subject to the referendum appears on the ballot. Must register prior to signature collection and expenditures (On Our Terms '97 PAC v. Secretary of State of Maine (1999) and 21-A MRSA 903-C). Const. Ballot title and summary: Full text is included if not too long. Art. Verification: County officials conduct raw count, and then a random sample is taken of 500 signatures or 3 % of each countys total for accuracy. This was a highly popular proposal to reduce property taxes in the state by 57 percent. Art. 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. 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. All campaign finance activity must be conducted through a campaign finance entity. Art. Application process information: Copy of petition must be filed not earlier than Aug. 1 of the year before the year in which the election will be held (Const. Const. Names and addresses of sponsors must be listed, and they must sign to verify that they are registered voters (Wyo. Who creates petitions: Lieutenant governor provides a copy of the referendum petition and signature sheets; sponsors print additional copies (Utah Code 20A-7-304). Repeal or change restrictions: No veto by governor. II, 1(d) and RCW 29A.72.030, Next succeeding general election, unless the legislature orders a special election, Const. II, 1(c)). Art. No more than one-quarter of signatures may come from a single county, 5% in each of two-thirds of the congressional districts, 5% of the vote cast for governor at the preceding election from at least one-third of legislative districts, Neb. 7-9-105). 22-24-402). These serve as the ballot title. Ballot title and summary: Attorney general (Elec. Which election: Statewide or a special election called by the governor (Const. Art. Withdrawal process of individual signature: Written statement at secretary of states office, mail a notarized statement to the office, or strike name through on petition (A.R.S. Submission deadline of signatures: No later than three months and three weeks before the election and made by 3 p.m. on the day of filing (C.R.S.A. The device was first adopted in the United States in 1903 as a part of the Los Angeles city charter. Simply copying another student's . 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. Cannot dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts, prescribe court rules, enact local or special legislation, or enact legislation prohibited y the Wyoming constitution. Who can sign the petition: Qualified electors (NDCC 16.1-01-09(2)). 19-121). (Const. Art. Circulator oaths or affidavits: Yes (NDCC Const. Reports of contributions and expenditures are due on the 21st and seventh days immediately preceding an election and the 10th day of the first full month after an election. 2; 21 Okl.St.Ann. Application must include act to be referred; statement of approval or rejection; printed name, signature, address and numerical identifier of not less than 100 qualified voters who will serve as sponsors; the designation of a referendum committee consisting of three sponsors who will represent all sponsors and subscribers in matters relating to the referendum. Secretary of state and approved by attorney general. 6, 10). Art. Rev. 32-630; 32-1546), Number of signatures required: For statutory initiatives, 7 % of votes cast for governor in last election. Semiannual statements of contributions and expenditures are due July 31 and January 31. Const. Art.
History of initiative and referendum in the U.S. - Ballotpedia Art. Art. 3, 51), Timeline for taking effect: When approved by a majority of votes (V.A.M.S. 1953 20A-7-202; 20A-7-205.5). The title of the statute or resolution that is the subject of the referendum is printed on the ballot. Const. 16-119; None other found in 26 Okl.St.Ann). They represent direct check on democracy as people can exercise their powers to accept or reject a piece of legislation. II, 9 and MCL 168.471). 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). Const. Art. Art. Art. II, 1g; O.R.C. Public review or notice: Fiscal statement summary available at polling places, secretary of states office, and Office of Demographic and Economic Researchs website. 902), Timeline for collecting signatures: One year (M.R.S.A. III, 5(1)). Proponents, but certified by state board of elections and reviewed by attorney general. 19-121), Which election is a measure on: Next general election after filing (A.R.S. 5, 5). Where to file with: Secretary of state ( 34-1804). Groups must file reports detailing contributions received in excess of $100 in the aggregate and all contributions and expenditures made by the group (AS 15.13.040(b)). Art. Constitution 48, Init., Pt. Const. Then, select a topic from the column at the left for comprehensive information or select a state in the map for state-specific information. County recorder or justice of the peace. Majority to pass: Yes (M.R.S.A. Seventeen states have a statute in place noting that if two or more conflicting measures are on the same ballot, the measure receiving the most votes passes. The criteria for these requirements vary wildly. California: Proponents may request review by secretary of state and from the Office of Legislative Council. II, 1(b)). V, 1(6)). III, 6). V, 1(3)). Records must be kept of contributions and expenditures. Reports of contributions and expenditures of $500 or more must be made within 2 days between the 25th day of the month before an election and the day of the election (MCA 13-37-226). Art. Art. Vote requirement for passage: Majority (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). On May 18, 1981, Italians resoundingly defeated a proposal to repeal a controversial 1978 abortion law, although the Catholic church had strenuously urged repeal. Number of signatures required: 15% of the total ballots cast in the previous general election (Const. Code Ann. 21 1, Colorado: C.R.S.A. 1953 20A-7-204.1; 20A-7-208; 20A-7-702). Code 23-17-3), Which election is a measure on: Statewide general election (MS Const. Contributions of $1,000 or more from a single contributor received during the 21 days prior to the election must be reported. Seventeen states have at least one government official draft or review the petition title and/or summary, while proponents draft this language in nine states. II, 1c and ORC 3519.21). V, 1(3)). Art. Reports are monthly during election years and annually in nonelection years. Referendum is the power to reject or overturn legislative actions taken by the Council. Collected in-person: Yes (NRS 32-630 and -1404).
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