how does a referendum work

All 23 popular referendum states require political organizations that support or oppose a ballot measure, often considered political action committees, to follow state campaign finance laws. 116.080).. Circulator oaths or affidavit required: Yes (Mo.Rev. The popular referendum process allows voters to approve or repeal an act of the legislature. Oregon: 1902 5, 5). The proposal is debated in parliament and may be amended before a vote is taken.3. If any pair do not match, the rest of the signatures on that page must be verified via this comparison (MCA 13-27-303; 13-27-304). 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. 2, 3). Who can sign the petition: Registered electors of the state (Const. Art. 19-102), Fiscal review: Prepared by joint legislative budget committee staff (A.R.S. Art. XI, 2 and AS 15.45.260). Nine states do not include a process in statute for an individual to withdraw his or her signature. Art. The details for those states are below: Five states limit the legislatures ability to amend or repeal a law after it has been approved by voters. M.G.L.A. 15, 273), Ballot title and summary: Attorney general (Miss. Submission deadline for signatures: Not less than four months prior to the next general election (Const. Administrative rules 5:02:08:09 and 5:02:08:07.02 require that circulators sign affidavit as well. 1953 20A-7-202). Who creates petitions: Lieutenant governor (U.C.A. 1-40-108). Time period restrictions before placed on the ballot: If sufficiency is being reviewed at the time the ballot is being prepared, the measure shall be placed on the ballot and no subsequent decision shall invalidate it if it is approved by a majority of voters (Const. Theresa May's deal, no deal or staying in the EU could all win, depending on the precise question put in a second referendum (see. Const. Who can sign the petition: Legal voters (Const. Oklahoma: 1907 Arizona: A.R.S. Every state also includes requirements as to how the authenticity of signatures are verified, and constitutional amendments often require more signatures than statutory changes. III, 3 and NDCC 16.1-01-09(3)). Electronic reports of contributions and expenditures must be filed according to a specified schedule. The election a referendum would compel will allow them to do so. 2, 24). Acts making appropriations for state institutions or to meet deficiencies in state funds, Laws necessary for the immediate preservation of the public peace, health or safety, and laws making appropriations for the current expenses of the state government, for the maintenance of state institutions and for the support of public schools. C.R.S.A. Amendments that propose a tax or fee not in place in November 1994 require a two-thirds vote to pass. 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). The cookie is used to store the user consent for the cookies in the category "Analytics". Art. 7-9-111). Repeal or change restrictions: Two-thirds vote required to amend or repeal within seven years of effective date (Const. Oklahoma: 1907 Time period restrictions before placed on the ballot: 125 days must pass after filing petition before election (OH Const. (21-A MRS 905). III, 2; Bernbeck v. Gale, 59 F.Supp.3d 949 [2014]; 829 F.3d 643, United States Court of Appeals, Eighth Circuit). Considered a committee if individual raises or spends more than $5,000. Cannot be a person once convicted of, or who has pled guilty to crimes involving forgery, Criminal background check done for paid circulators with additional restrictions, Cannot in 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. Verification: A random sample of 5% of the signatures is verified by county recorders (ARS 19-121.01(B)). III, 3 and NDCC 16.1-01-09(2)). ', No statute found; used Referendum Measure 4 (2012 primary) as a reference, No statute found; used Issue 2 (Nov. 2011) as a reference, Ballot language reads as follows: Shall the following bill of the legislature be approved?, No statute found; used Measure 101 (Nov. 2018) as a reference, No statute found; used Referred Laws 19 and 20 (Nov. 2016) as reference. 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. Allowed to pay another for their signature: Prohibited (RCW 29A.84.250). 2, 9; M.C.L.A. Const. States such as Alaska (AS 15.45.150); Idaho (I.C. Paid per signature: Cannot be paid based on the number of signatures collected, but can be paid in general (NDCC 16.1-01-12(1)(j)). 4; Art. Subject restrictions: May not be applied to appropriations of money (Const. Const. 11 906(6)(B)). 1-40-123), Majority to pass: Amendments require 55 % (C.R.S.A. Const. 4, Pt. II, 1e). 1-40-105). 5 1). Seven states require filing an initial number of signatures or registering of sponsors as part of an application to fully circulate an initiative: Four states require a filing fee in statute: RCWA 29A.72.010; 43.07.120; 29A.72.020; 29A.72.040. Which election: Biennial regular election (IC 34-1803). Art. Circulator requirements: 18 years of age (34 OS 6). Where to file with: Secretary of state (V.A.M.S. Alaska: 1959 Who can sign the petition: Qualified electors of the state (34 OS 23). Submission deadline of signatures: For direct constitutional amendments, a timeline beginning on Sept. 1 before the general election it is to be voted upon and ends on the third Tuesday of June of an even-numbered year. 48, Pt. May be withdrawn by any of the people authorized to do so in the original application; withdrawal is made via a form prescribed by the secretary of state. 2, 8; Cal.Elec.Code 9016. 3, 51; V.A.M.S. Territory voters are only counted in the national majority. II, 1g; Art. Number of signatures required: 5% of the whole number of votes cast for governor in the last election. Who creates petitions: Secretary of state creates a sample petition and then the petition is reviewed by the attorney general (V.A.M.S. Petitions must be submitted by 5 p.m. not more than 90 days after final adjournment of the legislative session at which the bill was passed. Allowed to pay another for their signature: Prohibited (SDCL 12-26-15). 3, 4). 2, 1). Washington: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. 250.029). They also randomly select signatures on each page and compare them to the electors' signatures in the registration records. Vote requirement for passage: Majority (Const. Art. XVI, 5(b)). publish information about the donations political parties, campaigners and . Application process information: Sponsors draft petition and file with secretary of state (34 OS 1). In some states, the official title of the legislation that is the subject of the referendum appears on the petition. May amend the initiative with three-fourths vote, but may only amend to further the purpose of the measure. However, each referendum still requires its own Act of Parliament, as the 2000 Act does not confer any general power to hold them. 1953 20A-7-203 and include notice to signers, date, room for signatures, title of the initiative, the fiscal impact statement, a warning, language about a tax increase if applicable, and signed verification by the circulator (U.C.A. 19, 2), Who can sign the petition: Registered voters (N.R.S. Art. 5, 1), Repeal or change restrictions: No veto by governor, and two-thirds vote by legislature may amend or repeal (Ark. 3, 50; V.A.M.S. Majority to pass: Sixty % majority required (F.S.A. XLVII, Pt. Art. (a) The governing body of a municipality with a population of 65,000 or less may lease all or part of a hospital owned by the municipality, to be operated by the lessee as a public hospital. Art. OH Const. Legislature reviews the measure as submitted to it by the proponents. Number of signatures required: 6% of total votes cast for the office of governor in the last general election (Const. Where to file with: Secretary of states office and attorney general (AR Const. 48, Gen. Conflicting measures: The amendment which receives the greatest number of affirmative votes shall be paramount in all particulars as to which there is conflict even though such amendment may not have received the greater majority of affirmative votes (Neb. An amendment requires at least one-fourth of members support to get onto the ballot. Art. Proponent organization and requirements: Sponsor must file an affidavit that s/he is a registered voter (RCW 29A.72.010). Const. Outer page of petition pamphlet includes warning to signers. 2, 4, Pt. Art. Rev. 253.006. Const. Majority to pass: Majority only, but the election must have at least 50 % voter turnout (OR CONST Art. A registered voter, or group of voters, desiring to qualify an initiative or referendum for the ballot must gather signatures on petitions in order to do so. 19, 3; N.R.S. Code 9030). IV, 1). 168.32). 15, 273; Miss. Art. 2. Art. Art. Const. Oregon: 1902 XVII, 1; Art. These powers are unique to home rule cities (such as Austin), and they are not available to voters at any other level of government, including the state. Circulator requirements: According to secretary of state's. 100.371, 106.03; Rule 1S-2.009). All chief petitioners must sign the form to withdraw (O.R.S. Reports of contributions and expenditures are due on the 12th day before an election, the 38th day after an election and the last business day of January and July of every year. Art. None specified for title, and summary "prepared by the person authorized by law. 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. XVI, 2). III 5). 3517.01, .08, .10, .11, 12, .13, .20, .092, .093, .102, .105; O.H.R. Signatures must be submitted by 5 p.m. on the 90th day after final adjournment of the legislature (34 OS 8). For direct measures, four months from the election (RCWA 29A.72.030). 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. IV, 1), Ballot title and summary: Attorney general (O.R.S. 1(9) and A.R.S. Petition title and summary creation: Attorney general (I.C. In the last general election (November 2016), 202,971 people voted. These cookies track visitors across websites and collect information to provide customized ads. Wyoming: 1968. Must be submitted to the local registrars two weeks before submission to secretary of state (M.G.L.A. Stat. St. 32-1405; 32-1406). III, 4). There is a principal circulator whose information is publicly available upon request. Art. 34-1807), Circulator oaths or affidavits: Yes (I.C. 14, 3, 10 ILCS 5/28-2, Massachusetts: M.G.L.A. Art. II, 1g). Where to file with: Secretary of state ( 34-1804). Circulator requirements: At least 18 years old,a Utah resident and paid circulators must wear badges (Utah Code 20A-7-303(3)). Timeline for taking effect: Thirty days after the election at which it was approved (Const. Colorado and Florida require a supermajority to pass a constitutional amendment: 55 percent of voters in Colorado (C.R.S.A. Where to file with: Attorney general (O.R.C. Only one state does not require this type of action: Before a measure is placed on a ballot, states decide which election it will appear on, how the ballot title and summary are created and any time restrictions involved. Art. Art. The first initiative went before the voters in 1912. Art. 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. 8). 1-40-102, 1-40-105, 1-40-106, Florida: F.S.A. Who creates petitions: The secretary of state creates the form and the petitions at the expense of the sponsors (W.S.1977 22-24-310; 22-24-311). Amend. Reports of contributions received, and expenditures made must be filed at least seven days before any primary, special or general election (Wyo. Art. Otherwise, they may submit an alternative measure. Attorney general prepares abstract to be posted at polling places. 3519.03; 3519.01; 3519.062). Office of the Legislative Fiscal Analyst conducts an estimate and description of funding sources. 100.371). 3, 50; V.A.M.S. III, 8). Art. Fiscal review: Yes (W.S.1977 22-24-309). Some have been found to be unconstitutional, largely on one person, one vote grounds. Areferendum could be mandatory or advisoryin nature. Withdrawal process of individual signature: None specified. 2, 3; Const. Six states prohibit sponsors from paying circulators on a per-signature basis. These serve as the ballot title. M.C.L.A. Conflicting measures: 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. Art. Code Ann. Art. 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. Art. 168.32). 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. 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. 168.482; 168.544c). 3, 6). Application process information: A sample sheet is submitted to the secretary of state before petitions may be circulated. Art. Illinois requires either 60 percent of those voting on the amendment itself or a majority of those voting in the election as a whole (ILCS Const. Sec. In some countries, it is synonymous with or commonly known by other names including plebiscite, votation, popular consultation, ballot question, ballot measure, or proposition. Art. The following is not a legal, comprehensive list of every campaign finance law governing the initiative process in each state, but rather provides a starting guide of where to find relevant statutes: Nine states have an explicit process for withdrawal of an initiative from circulation: Proponents may any time before measure qualifies for the ballot, 131 days before the general statewide election. Collected in-person: Yes (Mo.Rev.Stat. Art. 3, 18), Ballot title and summary: Secretary of state and attorney general (21-A M.R.S.A. Proponent organization and requirements: Must follow financial statutes and file with Ethics Commission (A.C.A. 902) concisely require the counting and verification of signatures, without detailed guidance. Art. 116.030). If you desire to vote against the retention of the act, mark X in the square opposite the words 'FOR REJECTION OF THE ACT. 4, Pt. The sponsor may file a written notice to withdraw the initiative with the secretary of state. While people in some states enjoy the powers of initiative and referendum, they may be exercised only in accordance with the laws of each particular state. Art. If legislature amends, it does not go into effect until the original is rejected by the voters (OH Const. - Thibault Camus / AP / SIPA. What happens if the majority of citizens vote "yes" in the referendum on December 4th? Proponent organization and requirements: Proponents and opponents register with board of elections (10 ILCS 5/28-9). 22-24-410). Verification: Not specified: "The Secretary of State shall determine the validity of the petition and issue a written decision stating the reasons for the decision within 30 days from the date of filing of a written petition." Paid per signature: Yes, "No law shall be passed to prohibit any person or persons from giving or receiving compensation for circulating petitions." Art. Art. Const. By Brad Weisenstein. If a referendum is successful, the change is made to the Constitution. Submission deadline of signatures: May 1 in the year of the election that the initiative will appear on, or 18 months from the date the petitioner receives the official ballot title from the secretary of state, whichever is earlier. Filing must include the description of the effect of the measure, the sponsor's name and signature (NRS 295.015). 8). Proponent financial disclosure requirements: All campaign finance activity must be conducted through a campaign finance entity. 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. 116.130). Art. For amendments, must be submitted for verification by the third Tuesday in June of the general election year. Submission deadline for signatures: Not more than 90 days after the end of the session at which the act was passed (Const. Art. Const. Reports of contributions and expenditures are due by the 15th of every April and October. Art. Ballot title and summary: Secretary of the commonwealth drafts a fair, concise summary that appears on petitions and on the ballot (Const. Const. Idaho: Within 20 days after initial petition filing, attorney general reviews and recommends revisions in an advisory capacity. 54 42A, 53; M.G.L.A. 21 1, Colorado: C.R.S.A. Revised statutes now require that signatures be equally collected among all the petition districts (congressional districts), and this was held to be constitutional (N.R.S. The most used synonyms of referendum arepublic vote, plebiscite, and popular vote. Art. A filing fee of $500 accompanies the application (W.S.1977 22-24-302; 22-24-303). Then, the amendment has to be approved by a majority of voters on a statewide ballot. 18). 1953 20A-1-201; 20A-1-203; 20A-6-106; 20A-7-206. Petition must be filed with county officials not later than 15 days following the primary election. M.C.L.A. Art. There is often strong public debate on a referendum question. If a congressional district has 90 to 110 % of the needed valid signatures, every single signature will be verified to discern if it qualifies (V.A.M.S. Timeline for taking effect: Within at least 30 days (I.C. 2, 9; Const. The title of the act subject to the petition appears on the petition. [1] Although federal referendums are rare in Canada, there have been numerous provincial referendums and plebiscites since Confederation.