what is a referendum quizlet
5, 1). Then, the legislature rejects or accepts the proposition unchanged. Since then, 23 other states have included the initiative process in their constitutions, the most recent being Mississippi in 1992. 23 States have a popular referendum process. 250.045; 250.048). Who can sign the petition: Qualified electors of the state (34 OS 23). Art. III 5). 24-22-403). Const. 5, 1), Who can sign the petition: Registered electors who will be eligible to vote on the measure (C.R.S.A. Art. V, 3; 34 Okl.St.Ann. 3519.01 and 3519.05(C). Proponent organization and requirements: Original filing includes the names and street addresses of every person, corporation or association sponsoring the petition (NRS 32-1405). Evaluations done by lieutenant governor and Office of Legislative Research and General Counsel. Cannot in the 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. 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. 15, 273), Conflicting measures: Measure with highest number of affirmative votes prevails (MS Const. 6), Allowed to pay another for their signature: Likely prohibition on the use of public funds (26 Okl.St.Ann. Art. A referred measure may be voted upon at a statewide election or at a special election called by the governor. 295.0575). At general elections except when a special election is ordered by the legislature, and must be filed at least six months before the election it is to be voted on. Law 6-201). 3501.38). 5, 1). Art. 116.17). Rev. 34, 6.1) and Utah (Utah Code 20A-7-306(3) and -306.3). These states require that in addition to receiving a majority of the votes cast on the measure, those votes must be equal to or more than a specified percentage of the total votes cast in the election. II, 1g and ORC 3501.38). II, 1g). Const. Proponent financial disclosure requirements: 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 (Ethics Commission rules 2.79 and 2.80). 54, 53). III, 52(a) and Mo.Rev.Stat. Proponent organization and requirements: When first filing the petition, no more than three primary proponents must be designated (34 Okl.St.Ann. Application process information: No fee or application prior to circulating. Application process information: The sponsor must file a printed petition part with the secretary of state in the exact form that will be used for signature gathering (A.C.A. IV, 1). Original title of the act that is subject to the referendum is included (A.C.A. Art. Collected in-person: Yes (W.S.1977 22-24-312). Submission deadline of signatures: Signatures must be filed one year prior to the election (SDCL 2-1-1.2). VI). St. 32-1407). 3, 1 and SDCL 2-1-1 and 2-1-5). Art. Submission deadline for signatures: Within 90 days after the adjournment of the legislative session at which it was passed (Const. 19, 1). Timeline for collecting signatures: Within 316 days after the day on which the application is filed,within 30 days after the day on which the first individual signs the initiative packet or the April 15 immediately before the next regular general election immediately after the application is filed (U.C.A. Referendums are normally not legally binding, so legally the Government can ignore the results; for example, even if the result of a pre-legislative referendum were a majority of No for a proposed law, Parliament could pass it anyway, because Parliament is sovereign. 3, 52), Ballot title and summary: Secretary of state, approved by attorney general (V.A.M.S. Art. Art. 15, 273; Miss. 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. d. All of the above are tasks of the campaign consultant. 3519.16. 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. Constitution 48, Init., Pt. Petitions must be submitted not more than 90 days after the law which is the subject of the petition has become law. Art. A.R.S. Must submit full text and title, and statement as to the use or not of paid circulators (U.C.A. What is on each petition: Petitions substantially follow the form found in U.C.A. CONST. Art. The secretary of state consults with the legislative counsel for any technical suggestions, which will be posted to the secretary's website. Code Ann. Provisional ballots are ballots cast by voters who: Believe they are registered to vote even though their names are not on the official voter registration list at the polling place. Art. Subject restrictions: Laws providing for tax levies, appropriations for the current expenses of the state government and state institutions and emergency laws necessary for the immediate preservation of the public peace, health or safety (OH Const. Utah requires 60 percent approval for laws that alter hunting and fishing (See Utah Const. 2, 8), Conflicting measures: Measure receiving more affirmative votes is enacted (Cal.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. 116.060). In the others, the measure goes directly to the ballot after it is submitted to the legislature. c. Nominations were controlled by each party's congressional caucus. III, 4). For constitutional amendment direct initiatives, the date is Sept. 1 of the year preceding the election year (N.R.S. For amendments, 10% of total qualified electors of the state. Verification: Counts total number and then takes 5 % random sample to verify signature accuracy (A.R.S. Application process information: For statutory indirect initiatives, proponents must file a copy of the text with the secretary of state no earlier than Jan. 1 of the year preceding the year in which a regular session of the legislature is held. 1953, Const. 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. . Art. But if insufficient funds for the measure, it is effective 45 days after the next convening regular legislative session. 3, 5; NDCC, 16.1-01-09. Form of petition specified (M.C.L.A. Time limit may be shorter if circulation begins late, because signatures must be submitted no later than 40 days after the legislative session ends regardless of when signature gathering began (Utah Code 20A-7-306(1)). b. an open primary. Allowed to pay another for their signature: Prohibited (NDCC, 16.1-01-12). Administrative rules 5:02:08:09 and 5:02:08:07.02 require that circulators sign affidavit as well. Art. 1953 20A-7-204). 10% is require to suspend the law prior to the vote. Proponents write title. It must be accompanied by a notarized form including the names and addresses of the petition sponsors and the statement of organization provided at 12-27-6 (SDCL 2-1-3.1). Const. Const. 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. County recorder or justice of the peace. Code Ann. V, 3 and OK Stat. Submission deadline of signatures: At least 30 days before Feb. 1 of the year of the general election that the measure is to be voted upon (F.S.A. Repeat measures: Cannot be same as a measure at either of the two preceding biennial state elections (M.G.L.A. Ten % for amendments (Ark. A post-election report is due by Jan. 7. Fifteen% of those residing 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. Art. A political committee must have a treasurer before receiving contributions or making expenditures. Office of Legislative Research and General Counsel numbers propositions and proposes a descriptive title summarizing the contents of the measure. Collected in-person: Yes (N.R.S. Verification: State Board is empowered to adopt regulations specifying procedures for verifying and counting signatures (Elec. Code Ann. If legislature amends, it does not go into effect until the original is rejected by the voters. 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. No. 3, 18), Ballot title and summary: Secretary of state and attorney general (21-A M.R.S.A. 116.332, Const. Amend. outside donations. If attorney general does not approve the statement, he or she prepares one. 34-1803B). Const. Thirteen states require a simple majority to pass statewide ballot measures: Alaska, Arizona, Arkansas, California, Idaho, Maine, Michigan, Missouri, Montana, North Dakota, Ohio, Oklahoma andSouth Dakota. Geographic distribution: 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 previous election. 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. Political committees must file a statement of organization. 1953 20A-7-212). II, 1b). Verification: For each signature, county clerk verifies if the person is a registered voter (Utah Code 20A-7-306(3) and -306.3). Law 13-202). 48, Init., Pt. Art. 354, Michigan: M.C.L.A. Allowed to pay another for their signature: Prohibited (Elec. Petitions must be submitted within 90 days of the adjournment of the legislature which passed the law. If the legislature enacts the proposal, no further petition takes place and the proposal becomes law. Number of signatures required: Not more than 5 % of the qualified electors, based on the total number of votes cast for governor at the last preceding gubernatorial elections (Const. Must file a statement of organization within 20 days of becoming a committee. Circulator oaths or affidavit required: Yes (MCL 168.482 and .544c). Three or more registrars must certify the petitions and follow other rules as per administrative regulations 950 CMR 55 (M.G.L.A. 353). 3, 4; Art. Art. 48), South Dakota (Const. Designated representatives must, within 10 days of filing a completed petition, file a report containing information about paid circulators and any other expenditures made in relation to circulating petitions. In the U.S., the terms initiative and referendum refer to processes that allow citizens of states to vote on particular pieces of legislation. Which election: Next succeeding general election, except when the legislature shall order a special election (Const. XVI, 4). Art. Art. 8). Timeline for taking effect: An act rejected by referendum is void 30 days after certification. Proponent organization and requirements: Proponents and opponents register with board of elections (10 ILCS 5/28-9). Oklahoma: Secretary of state reviews and processes the petition, along with the attorney general and the supreme court. VI, Subpt. 3, 1; Constitution 48, Init., Pt. 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. 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). 1953, Const. 14, 11. 3519.21). Submission deadline for signatures: 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 which is not a weekend or holiday (Const. Vote requirement for passage: Majority and not less than 35% of the total vote cast at the election (Const. Withdrawal process of individual signature: Voter may withdraw signature by submitting to the secretary of state, before the petition is filed with the secretary of state, a sworn statement requesting that his or her signature be withdrawn and affirming the name of the petition signed, the name the voter used when signing the petition, the address of the voter and the county of residence (Mo.Rev.Stat. [3] [4] However, the history of initiative and referendum in California began long before this method of creating legislation was ratified on October 10, 1911. 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). Reports of contributions and expenditures are due quarterly in calendar years without elections. 15, 273; Miss. 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what is a referendum quizlet
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