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what is a referendum quizlet

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a. Fiscal review: Yes (W.S.1977 22-24-309). Const. Legislature or other government official review: Attorney general prepares explanatory statements. Majority to pass: For statutory initiatives, a majority at a single general election. Signatures must be filed with the secretary of state by the 50th day of the first regular session or by the 25th day of the second regular session. Fiscal review: Office of Fiscal and Program Review prepares (1 M.R.S.A. 901), Where to file with: Secretary of state (M.R.S.A. Art. Art. In election years, instead of biannual reports, reports are due no later than the second Monday in April, May, September and October, and no later than the Thursday before an election. However, in about half of the 24 initiative states, proponents can get drafting assistance to improve the quality and consistency of initiative proposals. The legislature may submit a competing measure to the ballot (M.G.L.A. Art. A.R.S. V, 3 and OK Stat. This deadline pertains to when counties must submit petitions with verified signatures to the secretary of state. Art. In which state is a citizen who wishes to vote not required to submit an application? Vote requirement for passage: Over 50% of those voting in the general election (Const. 48, Init., Pt. St. 32-1408). c. phone banks The primary purpose of both is to give voters an opportunity to approve or reject laws either proposed or enacted by the Legislature. 5 1; 7-9-122), Maine (M.R.S.A. Stat. Geographic distribution: A requirement for 5 % of the registered voters in two-fifths of the counties each was held unconstitutional, but that case was vacated because of an issue of standing (Neb. Ballot title and summary: Proponents draft and submit a ballot title in their original filing (34 OS 8). Verification: Each countys supervisor of elections will take a sample or verify every signature. 22-24-420). III, 5(1) and MCA 13-27-202). Proponent organization and requirements: Application includes sponsors name, or if an organization, the names and titles of its officers, and an address (ARS 19-111). Time period restrictions before placed on the ballot: Signatures must be filed one year prior to the election (SDCL 2-1-1.2). In odd-numbered years, year-end reports are required. 116.120). 34-1801a), Ballot title and summary: Attorney general (I.C. Const. Art. Tit. Code Ann. It can consist of interest apathy, voter apathy, and information apathy. The attorney general may determine an act of the legislature is the same as a proposed law and will remove it from appearing on the ballot (W.S.1977 22-24-304; 22-24-319). b. is protected absolutely by the First Amendment, according to the Supreme Court. What is a recall election quizlet? Const. Which kind of direct democracy asks citizens to confirm or repeal a decision made by the government? 5, 1), Other subject restrictions: No other statutes. 34-1803b). 116.060). 5, 11; MACo v. The State of Montana, MT 267, 2017). Const. 116.115). Art. 3, 2). 1953 20A-7-203). 116.090). What is on each petition: Must include a summary of not more than 100 words of the purpose of the proposed question, statement by signers, warning and check boxes to indicate whether circulator is paid or volunteer (MCL 168.482). Stat. Geographic distribution:For constitutional amendments, signatures must be gathered from 10% of qualified electors in each of two-fifths (40) of the state's 100 legislative districts (MT CONST Art. Art. Petition title and summary creation: Secretary of state (Wyo. Conflicting measures: The measure receiving a majority of the votes passes (RCWA Const. Attorney general certifies submitted title and measure and summary by secretary of state, with attorney general oversight. Art. In some states, the official title of the legislation that is the subject of the referendum appears on the petition. Voters may only vote once in an election. The secretary of state writes arguments for and against the measure with information provided by proponents and opponents (Neb.Rev.St. Law 6-201). Const. Art. LXXXI, 4). Statutes for petition contents for each state: Every state includes requirements for circulators operating in the state. Circulator oaths or affidavits: Yes (NDCC Const. Petition title and summary creation: The proponent writes a description of 200 words or less of the effect the measure would have if approved by voters (NRS 295.009). For constitutional amendments, 15% of legal voters. 295.015). But if insufficient funds for the measure, it is effective 45 days after the next convening regular legislative session. 15, 273), Conflicting measures: Measure with highest number of affirmative votes prevails (MS Const. Vote requirement for passage: Majority (Const. 116.180; V.A.M.S. Conflicting measures: If the governor believes that two approved laws, or parts laws, are entirely in conflict, they proclaim the measure to be law that has received the greatest number of affirmative votes (U.C.A. Statements of contributions and expenditures must be filed on January 10, seven days before political party conventions, seven days before the primary, three days before public hearings, on September 30, and seven days before the general election (Utah Code 20A-11-802). Time period restrictions before placed on the ballot: Must be filed at least six months before the election it is to be voted on (V.A.M.S. Circulator requirements: 18 years of age (34 OS 6). Stat. What is the purpose of the referendum process quizlet? Referendum within the United States normally refer specifically to questions about striking down enacted law, known internationally as the popular referendum . Law 16-401(a)(1)). 5, 1; M.G.L.A. XLVII, Pt. Code 9050). Rev. Circulator oaths or affidavits: Yes (34 Okl.St.Ann. IV, 1(10). Other subject restrictions: If there are insufficient state funds and the measure does not provide a source, it is effective 45 days after next regular legislative session (M.R.S.A. Art. Withdrawal of petition: May be withdrawn by any of the people authorized to do so at the time of filing; withdrawal is made via a form prescribed by the secretary of state (NRS 295.026). If the winner of an election is whoever receives the most votes, regardless of the percentage of votes 1-40-106). 3, 1 and Const. Art. Art. General review of petition: Reviewed by attorney general and Ohio ballot board, which also writes pro or con statements if not supplied (OH Const. A simple statement of the gist of the proposition is printed at the top of each signature page (34 OS 3). 1-40-134). Must file statement of organization as a PAC upon receiving contributions or making expenditures in any combination of at least $1,000 in connection with an election. Reports of contributions and expenditures are due on a quarterly basis (Rule 2.103 and 2.122). 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. The circulator must also register with the secretary of state and complete a training program specified by the secretary (OR Rev. 3519.22). Const. Proponent financial disclosure requirements: In order to receive contributions or make expenditures in excess of $1,500 in a calendar year, must form a committee for political action and register with the secretary of state (NRS 294A.230). Proponent organization and requirements: Must follow financial statutes and file with Ethics Commission (A.C.A. CONST. VI, 1 and Utah Code 20A-7-301(2)). Ten % for amendments (Ark. If legislature amends, it does not go into effect until the original is rejected by the voters (OH Const. Withdrawal process of individual signature: None specified. 19-121.01; 19-121.04). Since then, 23 other states have included the initiative process in their constitutions, the most recent being Mississippi in 1992. Circulator requirements: US citizen and at least 18 years old (CRS 1-40-112). If 20 % or more of signatures on any part are invalid, then the burden to prove the rest are valid falls on the sponsors (Ark. Amend. This is in contrast to an issue being voted on by a representative. 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. Number of signatures required: 3% of the whole number of votes cast for governor at the preceding election (Const. 39. For collection, if the petitions were filed at least 165 days before the election and the signatures are deemed insufficient, they may collect more, and deadline of four months prior to the general election. Circulator requirements: Must be age 18 or older, registered with secretary of state and signed affidavit (A.R.S. Other subject restrictions: May only amend structural and procedural subjects contained in Article IV (ILCS Const. 100.371, 106.03; Rule 1S-2.009). Referendum. Where to file: Secretary of state (ARS 19-111). Art. Const. St. 32-1414). Time period restrictions before placed on the ballot: Signatures submitted to appropriate state officials at least 10 days before submitted to secretary of state, which is the 50th day of the first regular session or the 25th day of the second regular session (21-A M.R.S.A. Ballot title and summary: The secretary of the state and attorney general (W.S.1977 22-24-317). Reports are due 30 days before the election, one week before the election, 105 days after a special election and on February 15 for all contributions and expenditures not already reported. Who can sign the petition: Any qualified voter (AS 15.45.350). See Elec. 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). And many states include some type of public review or notice of proposed measures, as well. 2; Neb. Art. 1-40-104, 1-40-105, 1-40-111, 1-40-135). For statutes, 5% of total qualified electors of the state, determined by the number of votes cast for governor in the preceding general election. May amend the initiative with three-fourths vote, but may only amend to further the purpose of the measure. V, 1(6) and C.R.S. III, 52(b)). 113 (Nov. 2020) as a reference. Art. Subject restrictions: Such laws as may be necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing public institutions are not subject to referendum (Const. Where to file: Secretary of the commonwealth (Const. Must include official language from attorney general, the measures full text, and the legislative district from which the signatures were collected (I.C. 7-9-114. 5, 1). Which describes how initiatives work as part of direct democracy? Public review or notice: Fiscal statement summary available at polling places, secretary of states office, and Office of Demographic and Economic Researchs website. 19, 3; Art. Which of the following is a method of limiting voter access? 19-121.01). III, 2; Art. 354). The following is not a legal, comprehensive list of every campaign finance law governing the referendum process in each state but is rather a basic summary and starting guide for where to find relevant statutes. M.C.L.A. A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. III, 3 and NRS 32-1407). 1953 20A-7-202; 20A-7-205.5). XVI, 1; Art. 1(9)). Art. Which election: Next regular general election (Const. Art. Art. 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). 11 3), Collected in-person: No direct statute (F.S.A. Const. Withdrawal process of individual signature: Can file a request with the county clerk any time before the petition is filed (NRS 295.055). constitutional? 11 3), Who can sign the petition: Registered voter in the county in which the petition circulates (F.S.A. Art. Must report contributions received if more than$20 and all expenditures quarterly in off-election years, on the first Monday in May and every two weeks thereafter before the primary election, on the first day of each month beginning with the sixth full month before a major election, on the first Monday in September and on each Monday every two weeks thereafter before the major election, and 30 days after the major election. X out of X proposals have been successful since Federation. Monthly reports are due on the 10th for any preceding month in which total contributions received or total expenditures made exceed $200 (RCW 42.17A.235). Contributions in excess of $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. 53 22A and M.G.L.A. Art. Subject restrictions: No law making any appropriation for maintaining the state government or for maintaining or aiding any public institution, not exceeding the next previous appropriation for the same purpose, shall be subject toreferendum. Veto referendum. 5, 1 and A.C.A. Application process information: A prospective petition must be filed with the secretary of state. Proponent organization and requirements: In addition to the application, petition must include the names, residence addresses, email addresses, telephone numbers and signatures of five voters who are designated to receive notices (21-A MRS 901). The secretary of state then refers both to the attorney general, who determines the legal sufficiency of the issue, approves the petitioner's ballot statements and determines whether a fiscal note is necessary. b. a state legislator. 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. Art. 168.472), Oklahoma (OK Const. 3, 52). If the legislature does not enact the statute, another round of signatures is required equaling 0.5 % of votes for governor (M.G.L.A. 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. Art. Vote requirement for passage: Majority and not less than 35% of the total vote cast at the election (Const. 3501.38). Proponents; a simple statement of the gist of the measure is included on the petition. The title of the act subject to the petition appears on the petition. Art. Circulator requirements: Must be an elector and must be 18 or older (NDCC Const. 5, 1; A.C.A. These examples are programmatically compiled from various online sources to illustrate current usage of the word 'referendum.' d. ten. 19, 2), Types allowed: Direct initiative for statutes and constitutional amendments, and popular referendum. Art. Semiannual statements of contributions and expenditures are due July 31 and January 31 (Govt. Twenty-four states have citizen initiative processes. NCSL's Initiative and Referendum Processes, 2023 by National Conference of State Legislatures, Legislative Referral (or Referendum) Overview, As 2024 Campaigns Begin, States Confront Threats to Election Workers. Does the law in question take effect before the referendum vote: An act referred to the people is in effect until suspended by petitions signed by at least 15% of the qualified electors in a majority of the legislative representative districts. 168.474a; 168.486; 168.477; 168.32). Allowed to pay another for their signature: Prohibited (W.S.1977 22-24-323). Must include a warning about unlawful signing, a circulator affidavit and a notification as to whether the circulator is paid or volunteer. XVI, 1; O.R.C. II, 1g; Art. 19-124). 23-17-1; 23-17-3). XVI, 5(b). An act that was suspended by a petition and is approved by the people is effective the date the result of the canvass is filed by the secretary of state (MCA 13-27-105(3)). The next regular or general election occurring subsequent to the 125 days after filing signatures. 2, 9; Const. 5, 57; Art. Timeline for taking effect: Upon proclamation by the governor which shall be made within ten days after the official canvass of such votes (Const. Some states require a referendum on bond issues; and among local governments, the obligatory referendum is widespread for bond issues, tax questions, and related matters. 250.045; 260.035; 260.054). If amended, expires or is rejected, it goes onto the ballot. Rev. Legislature or other government official review: Legislature reviews the measure as submitted to it by the proponents. 8. Which describes one of Oregons voting registration policies? What will a successful referendum do? Under the constitution, an act takes effect 90 days after it is enacted. 901), Proponent organization and requirements: Any organization supervising or managing petition circulation must register with secretary of state (21-A M.R.S.A. Rule 2.36; Okl.St.Ann. 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. 4 1, Part 1(6B), (6C) and (6D). Prepared by the office of financial management, in consultation with the secretary of state, the attorney general, and any other appropriate state or local agency. Therefore, rules restricting the ability to change or repeal measures apply to statutory measures, which are available in 21 states. If the legislature fails to enact the proposal as written, sponsors then go through a second stage of signature gathering. 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)). Art. 40. Where to file with: Attorney general (O.R.C. State Board of Elections (Note: the board is empowered to adopt rules for filing applications, so presumably such applications are filed with the board. Where to file with: Secretary of state (W.S.1977 22-24-302). 2, 10). 23-17-43. M.C.L.A. Validity determined by the board of elections. Art. Paid per signature: No ban, but must mark this and identify their employer on the affidavit (V.A.M.S. c. using spot advertisements 295.015; 293.250). States may apply a single-subject rule or other restrictions. St. 32-1405). Withdrawal process of individual signature: A registered elector who signs a petition may withdraw his or her signature from the petition by filing a written request for such withdrawal with the secretary of state at any time on or before the day that the petition is filed with the secretary of state (CRS 1-40-109(3)). S51(xxvi) was changed by the removal of the phrase "other than the Aboriginal race in any state." Stat. Who creates petitions: Lieutenant governor (U.C.A. Secretary of state shall print pamphlet of statements in support and against the measures along with the attorney general's title, explanation, and clear statement of a yes or no vote, and if possible, a fiscal statement (SDCL 12-13-23 and 25.1). Art. Legislatures are often required to refer certain measures to the ballot for voter approval. Art. Proponents may suggest title (OH Const. Which of the following political officers are not subject to recall elections? Verification: Random sampling (MCA 13-27-303). File a letter with secretary of state, signed by designated representatives, no later than 60 days prior to the election. Which of the following is a nonprofit aimed to get out the vote? Six states do not require fiscal statements: Arkansas, Idaho, Illinois, Michigan, Nebraska and Oklahoma. A criminal records check is completed. Code 13-208 for statement of organization. St. 32-1407), Which election is a measure on: Next general election at least four months after filing the signatures (Neb. Where to file: Secretary of state (MCL 168.471). Attorney general prepares abstract to be posted at polling places (A.C.A. Reports are monthly during election years and annually in nonelection years. Number of signatures required: 6% of total votes cast for the office of governor in the last general election (Const. What is on each petition: Serial number, name and address of paid circulator, and contents approved by secretary of state (F.S.A. 19, 1). General election, while petitions cannot be filed more than 65 days before the deadline. 23-17-41). 116.160; 116.180; 115.245; 116.210; 116.220. Const. Both institutions have since been used freely in federal and cantonal matters. Code Ann. XI, 3). 250.062). XVI, 1 and Elec. 3, 19). Deadline of 120 days before election for amendments; 160 days before election and not less than 10 days before legislative session for statutes; and 180 days to collect. b. spot ad 3, 4). All citizen initiatives require the collection of a certain number of signatures, although states vary in the number of signatures and the baseline used to determine that number. Code Ann. The legislature has four months to pass the bill in amended or unchanged form. II, 1b), Types allowed: Direct statutory and constitutional amendment initiatives, and popular referendum, Single subject rule: Yes (OK Const. The popular referendum was first introduced in the United States by South Dakota in 1898, and first used in 1906 in Oregon, two years after the first initiative was used in 1904, also in Oregon. Registration is required before making an expenditure for or against a ballot measure. Application process information: Must first register a political committee and submit form to Division of Elections along with text of proposed measure and form on which signatures will be affixed (F.S.A. 54, 22A, Missouri: Mo.Rev.Stat. Const. 2). An amendment requires at least one-fourth of members support to get onto the ballot. For amendments, 10% of total qualified electors of the state. May only amend structural and procedural subjects contained in Article IV. Const. Ballot title and summary: Attorney general drafts ballot title and prepares a statement to be printed in italics immediately preceding the ballot title on the official ballot. Each county board certifies the signatures for their county, and the secretary of state verifies the second round of petition signatures for indirect statutory initiatives (OH Const. Stat. 2, 10), the legislature cannot change or alter measures on its own and must resubmit changes to the people unless the original measure passed by voters waived this requirement. For instance, changes to the state constitution must be approved by voters before they can take effect. Art. An example of an advisory referendum is Question 5, which appeared on the Rhode Island ballot in 2002. 16.061). Art. 2003-2023 Chegg Inc. All rights reserved. 12, 2; M.C.L.A. Repeal or change restrictions: No veto by governor. Art. 1953 20A-6-106; 20A-7-206). 1). III, 3). 5, 1). Const. 53 7). Secretary of state, revisor of statutes and attorney general, M.G.L.A. In 18 states, the application to circulate a popular referendum petition is filed with the chief election officer. Who creates petitions: Secretary of state (ORC 3519.05(C)). Alaska prohibits payment in excess of $1 per signature. Art. It is unclear whether the following language in Nevada applies to popular referenda (provisions for which are included in the relevant article), or only to initiatives: 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.. No statute found; used Term Limits Referendum (Nov. 1996) as a reference. If passed by legislature, it is subject to the referendum (M.C.L.A. Prov., 3. Timeline for taking effect: Takes effect on the 5th day after the secretary of state files the statement of the vote (Const. ILCS Const. III, 6). N.R.S. 15, 273). Prov., 3). The maximum number of signatures counted from any individual congressional district is one-fifth of the total number required. Art. d. is allowed only if the candidate can meet every personal dollar with a dollar from Const. c. the failure of Andrew Jackson to win the White House in 1824 Art. Indirect initiatives can require two rounds of signature gathering, so timelines and deadlines for these are more complex. Clerks check the names, verify they are 18 or older, and determine if they are a registered voter. Withdrawal process of individual signature: Signature may be withdrawn not later than 5 p.m. on the date the petition containing the person's signature is filed by signing a statement of intent to withdraw at the secretary of state's office, mailing a signed, notarized statement of intent to the secretary of state or drawing a line through the signature and printed name (ARS 19-113). Circulator oaths or affidavit required: Yes (MCL 168.482 and .544c). Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). Single subject rule: No statute. 18. Art. Random sample process must require the random selection and verification of 500 signatures or 5% of the total signatures on the petition, whichever number is greater, to determine what percentage of the random sample is composed of signatures that are authorized by law to be counted. Petition title and summary creation: A title board comprised of the attorney general, the secretary of state and the director of the office of legislative legal services or their designees (CRS 1-40-106). Const. Subject restrictions: Referendum shall not apply to dedications of revenue, to appropriations, to local or special legislation or to laws necessary for the immediate preservation of the public peace, health or safety (Const. Art. Fiscal review: The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. Circulator oaths or affidavits: Official sponsors must sign at least two-thirds of the petitions (DCL 2-1-1.2). 116.334). Art. 905-A; M.R.S.A. Const. II, 1g; O.R.C. Time period restrictions before placed on the ballot: Submission deadline three months and three weeks prior to election (C.R.S.A. Timeline for collecting signatures: Signatures are valid for two years, but a petition can circulate indefinitely (F.S.A. RCW 42.17A.205, 42.17A.235, 42.17A.250, 42.17A.260, 42.17A.265. 42. 901, 906; 1 M.R.S.A. 3, 50; V.A.M.S. The veto power may be exercised only against entire bills, and it may not be exercised upon sections of bills except in the case of appropriation bills (1963 Alas. To allow opportunity for referendum petitions, no act passed by the legislature shall be operative for 90 days after the close of the session of the legislature enacting such measure. Constitution 48, Init., Pt. 250.045; 250.048). Art. V, 2). In a(n) _________, only members of the political party selecting nominees may vote. Code Ann. A "simple statement of the gist of the measure," drafted by sponsors, is printed at the top of the petition (34 OS 3). For amendments, must be submitted for verification by the third Tuesday in June of the general election year. Art. Code Ann. Withdrawal process of individual signature: After the petitions are submitted for signature verification, individual signatures may not be removed (ORS 250.025). Art. b. Art. IV, 1(4)). If more than one-third but less than the full number of the signatures required is submitted by June 1, the time for the law to take effect and the time for the filing of the remaining required signatures is extended to June 30 (Const.

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