(Note: This provision was found unconstitutional in July 2020 by a Superior Court judge and was later affirmed Aug. 31, 2020 by the state supreme court. The intervening factor that can complicate otherwise accepted understandings of constitutional legality is the reappearance of the people directly as claimantsor at least as a simulacrumof pouvoir constituant.I will explore how at the heart of a number of disputes has been the claim that a particular referendum is in fact a constitutive act of popular sovereignty, which even if . Referendums and changing Australia's constitution | naa.gov.au Petition title and summary creation: Petition bears the title of the bill it seeks to repeal (Mo.Rev. Const. Seven states (Alaska, Arkansas, Colorado, New Mexico, North Dakota, Ohio and Oregon) allow sponsors extra time to gather additional signatures if the petitions submitted are insufficient. Laws authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property. Verification: Random sampling (SDCL 2-1-16). Six states prohibit sponsors from paying circulators on a per-signature basis. 2, 8). 55 1, 6B, 7A, 18C, 18, Mississippi: Miss. The legislature may amend before two years with a two-thirds majority vote in both chambers, and no amendatory law adopted in accordance with this provision shall be subject to referendum (RCWA Const. Art. Const. What is on each petition: The full text of the measure, match secretary of states template, be the correct color and state if the circulator is paid (O.R.S. 113 (Nov. 2020) as a reference. Who creates petitions: Lieutenant governor (Const. Timeline for collecting signatures: Not more than 24 months (A.R.S. Art. 4, Pt. Submission deadline for signatures: Within 90 days of the adjournment of the legislature which passed the law (SDCL 2-1-3.1). From each of at least 26 Utah State Senate districts, legal signatures equal to 5 % for indirect or 10 % for direct initiatives of the total of all votes cast in that district for all candidates for U.S. president at the last general election (U.C.A. [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. Art. Oklahoma: If neither receives a majority, the one receiving more votes will be resubmitted to the next general election by itself if it received at least one-third of the total votes cast for or against the two measures. Const. Allowed to pay another for their signature: Prohibited (W.S.1977 22-24-323). Art. Circulator requirements: Any Maine resident who is a registered voter (21-A MRS 903-A). Full text of the measure must be attached (A.C.A. Art. See ACA 7-9-126. Petition title and summary creation: Proponents (U.C.A. Timeline for taking effect: Thirty days after the Governor's proclamation of the results (Const. XI, 6 and AS 15.45.440). 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. Submission deadline for signatures: Within 90 days after the adjournment of the legislative session in which the act was passed (AS 15.45.370(2)). Art. 2, 1). Allowed to pay another for their signature: Prohibited (A.C.A. Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. In some states, the legislature or governor may order a special election for a measure. Const. Rev. 5, 1. Three or more registrars must certify the petitions and follow other rules as per administrative regulations 950 CMR 55 (M.G.L.A. Repeal or change restrictions: Can only be changed by a vote of the people. 21 1). Types allowed: Initiative for constitutional amendments only, Single subject rule: Yes (F.S.A. Prepared by chief legislative budget officer. Const. For statute, 8% of total votes cast for governor in last general election. 5, 2; M.G.L.A. Art. For indirect statutory initiatives, after turning in original 3 percent of signatures, proponents must return next batch of signatures (another 3 percent) within 90 days of the legislature not enacting or amending a measure. Which election: Next statewide or general election, whichever comes first, that is not less than 60 days after the petition is submitted (Const. Proponents may amend before submission to the secretary of state (C.R.S.A. 3, 18). 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. Const. And must be filed four months before election. 19, 2; N.R.S. Ballot title appears on the petition (RCW 29A.72.120). Reports are due 30 days before the election, one week before the election, 105 days after a special election and Feb. 15 for all contributions and expenditures not already reported (AS 15.13.110). 3, 4; Art. Application process information: Not specified. 14, 9). In order to receive contributions or make expenditures in excess of $1,500 in a calendar year, groups must form a committee for political action and register with the secretary of state. VI). Code Ann. Const. Art. Other forms of referendum and initiative were first used in Swiss cantonal government: the facultative referendum was used in the canton of Sankt Gallen in 1831, the initiative in Vaud in 1845, and the obligatory referendum in its modern form in rural Basel in 1863 (though it had appeared in earlier forms in 1852 and 1854). Art. PDF Initiative and Referendum Guide - Arizona Secretary of State Legislature or other government official review: Upon request, the legislative service office or any agency in the executive department shall render assistance in reviewing and preparing comments on the proposed bill. 16, 6; N.R.S. 1-40-116). 15, 273). Allowed to pay another for their signature: Prohibited (V.A.M.S. Must file a statement of organization within 20 days of becoming a committee. For amendments, 10 % of the total votes cast for governor (M.C.L.A. Petitions are valid for one year, and deadline of 90 days before the first day of the legislative session. Code 102). Five states have time limits on the repeal or alteration of measures. This article summarises referendum laws and practice in various countries. Proponent organization and requirements: Lists of circulators and notaries who notarized the petition sections must be filed with the secretary of state. Proponents are required to ensure that all circulators receive instruction on the requirements and prohibitions imposed by state law with respect to signature gathering (Elec. Const. Art. 22-24-407). 21-A, ch. Number of signatures required: 10% of the total number of votes cast in the last general election; or 25% to suspend operation of the act until the election (Const. Geographic distribution: From at least 15 of the 29 senate districts, signatures equal to 8% of the number of active voters in the county on January 1 following the last regular general election (Utah Code 20A-7-301(1)). Petition title and summary creation: The statement of purpose and implication, which is prepared by the proponent and approved by the attorney general, is the title for both the petition and ballot. Number of signatures required: 5% of the whole number of votes cast for governor in the last election. 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. Const. The initiative, referendum, and recall were part of the state's constitution from its entry into the Union in 1912. May only be attempted once every three years. Legislature or other government official review: Legislature reviews the indirect statutory initiatives. 7-9-107). Amend. Thirteen states require publication in a newspaper: Arizona, Arkansas, Florida, Illinois, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, Ohio, Oklahoma and Utah. 54 53). Withdrawal of petition: Proponents may withdraw a measure at any time before filing the petition (Elec. Subject restrictions: Laws necessary for the immediate preservation of the public peace, health, or safety are excluded (Const. Const. referendum Referendum is the process by which the repeal or approval of an existing statute, state constitutional provision, or even election result is voted upon by the voters. III, 3, Neb. See Const. Unlimited, but if number of filed signatures is deemed insufficient, sponsors have 30 days to collect more. Petitions must be submitted no later than 5 p.m. 90 days after the final adjournment of the legislative session. Initiative and Referendum Processes - National Conference of State The powers defined herein as the "initiative" and "referendum" shall not be used to pass a law authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property (Const. Code Ann. XI, 5). Must be signed by at least 100 qualified voters as sponsors. A statement must be filed by a ballot issue committee supporting or opposing a measure not more than 35 days after the petition is filed. Art. 34-1802). Art. What is on each petition: Petition includes original title of the act to be referred and a statement by signers. Code 9031). 15, 273; Miss. Timeline for taking effect: 30 days after the election (Const. Art. There is a principal circulator whose information is publicly available upon request. Vote requirement for passage: Majority, provided that the votes cast on the measure shall equal at least one-third of the total votes cast at the election (Const. III, 6). That is the formula most modern constitutions around the world have adopted. Repeal or change restrictions: Only laws that change vote requirements require a supermajority (OR CONST Art.II, 23; Art. Proponent organization and requirements: The sponsors must delegate a committee of three to five people to represent them, and must file if any signature gatherers will be paid (O.R.C. Art. Can only be changed by a vote of the people, Two-thirds vote (or majority after seven years), Two-thirds vote (or majority after two years), Select a State with Citizen Initiatives to Learn More, Petition Review, Creation and Public Notice, Petition Review, Creation, and Public Notice, >Petition Review, Creation and Public Notice, States with citizen initiatives (24): Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Maine, Massachusetts, Michigan, Missouri, Mississippi, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington, Wyoming. Art. Types allowed: Direct initiative for statutes and constitutional amendments and popular referendum, Single subject rule: Yes (V.A.M.S. Art. IV, pt. IV, 1(3)). Contributions of $1,000 or more from a single contributor received during the 21 days prior to the election must be reported. 5, 1; M.G.L.A. Where to file with: Secretary of state (W.S.1977 22-24-302). 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. 2 The Secretary of State's Office has the authority to refuse to issue a serial number, or to reject circulated petitions at the time of attempted . If raising more than $5,000 in a year, the entity must register as a ballot question committee. 116.090). Geographic distribution: Yes. Circulator requirements: Must be age 18 or older and resident of Ohio (I.C. Code Ann. Missouri: The secretary of State will furnish ballot statements explaining the effects of a no or yes vote for the measure, which will include whether it will increase, decrease or maintain taxes. Signatures in each of one-half of the 27 congressional districts of the state. Geographic distribution: Not more than one-fourth the of signatures shall be from one county (Const. Thesaurus: All synonyms and antonyms for referendum, Nglish: Translation of referendum for Spanish Speakers, Britannica English: Translation of referendum for Arabic Speakers, Britannica.com: Encyclopedia article about referendum.