what is a constitutional referendumwhat is a constitutional referendum

Art. Art. 23-17-43). 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. 3, 52(e) and Wyo. Art. Code 9001). Paid per signature: No ban, but must mark this and identify their employer on the affidavit (V.A.M.S. Const. 4, Pt. 3, 8). Who can sign the petition: Qualified voters (Const. Where to file with: None, but state board of elections certifies signatures (5 ILCS 20/2a). 295.012; 293.127563; Angle v. Miller, 2010, 722 F.Supp.2d 1206. 5, 1). 250.048; OR CONST Art. A handful require that each signature be individually verified, including Nebraska (NRS 32-1409), Ohio (ORC 3519.15), Oklahoma (OK Stat. Art. III, 2). For statutory initiatives, must be submitted to be verified before appearing before the legislature on the second Tuesday in November in even-numbered years, or the next day (N.R.S. 5, 1), Other subject restrictions: No other statutes. Verification: The qualified voter file shall be used to determine the validity of petition signatures by verifying the registration of signers and the genuineness of signatures on petitions when the qualified voter file contains digitized signatures. Art. Submission deadline of signatures: For indirect measures, at least 10 days before the regular session that is the session that was 10 months out when the proposed measure was submitted. Withdrawal of petition: May remove no later than 120 days prior to the next general election (SDCL 2-1-2.3). The secretary of state submits the title to the attorney general for approval when signed petitions are filed for verification. Const. Petitions must be submitted to counties for verification four weeks before this deadline. CONST. 3; 8). 2, 3). Number of signatures required: 4% of the votes cast for the office of governor at the last election (Const. Const. For constitutional amendments, 8% of total votes cast for all candidates for governor in last general election. 2, 1). Law 6-204). Art. IV, 1). In some states, the question is worded such that a yes vote is in favor of the law subject to referendum, while in others, a yes vote is in favor of repealing the law that is the subject of the referendum. 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. 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. Number of signatures required: For statute, 8 % of the total votes cast for governor in the last general election. Other subject restrictions: The initiative power extends only to laws which the legislature may enact (M.C.L.A. Art. Where to file: Secretary of state and attorney general (ORC 3519.01(B)). Amend. Art. Some opposition to the referendum has arisen from its use by dictators such as Adolf Hitler and Benito Mussolini who, it is argued,[29] used the plebiscite to disguise oppressive policies as populism. Geographic distribution: None, but petition sheets are organized by county (A.R.S. Must also be submitted to the appropriate officials of cities, towns or plantations, or state election officials as authorized by law, 10 days before it's due with the secretary of state. Petitions must be submitted to counties for verification four weeks before this deadline (MCA 13-27-301). Proponent organization and requirements: Each proponent must certify that s/he is a US citizen, at least 18 years old, and a resident of California, and must provide public contact information (Const. Which election is a measure on: General election, but governor and legislature may call special elections (U.C.A. Art. Geographic distribution: Under court challenge. Const. Art. 4, 1, Pt. Record II, 9, a law that is the subject of the referendum continues to be effective until the referendum is properly invoked, which occurs when the board of state canvassers makes its official declaration of the sufficiency of the referendum petition (MCL 168.477(2)). For statutory initiatives, 2% of residential population according to the last federal decennial census. 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. Petitions with an incomplete or modified affidavit are invalid (Const. 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. The circulator must also register with the secretary of state and complete a training program specified by the secretary (OR Rev. Withdrawal process of individual signature: None, "An elector's name may not be removed by the elector from a petition that has been submitted to and received by the secretary of state" (NDCC 16.1-01-09(5)). Allowed to pay another for their signature: Prohibited (Miss. Application process information: Original draft of petition must be submitted to secretary of state before circulating, including a suggested popular name; secretary of state approves and certifies both or disproves and specifies each deficiency (NMSA 1-17-8). They write new content and verify and edit content received from contributors. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient. 3, 50, 51). Stat. 5, 1). Art. Time period restrictions before placed on the ballot: See timeline and deadlines. 34, 25, Next statewide election unless a special election is called by the legislature or the governor for the express purpose of considering a referendum, Regular election unless otherwise ordered by the legislative assembly, Next regular general election or a special election called by the lieutenant governor, Const. Number of signatures required: 5% of total votes cast for all candidates for secretary of state at the last general election (Const. Repeal or change restrictions: Normal amendment referendum required. 250.045). Withdrawal process of individual signature: By giving written notice to the lieutenant governor before the date the petition is filed (AS 15.45.350). . In 2021, Idaho passed SB 1110, which would have required signatures from 6% of the qualified electors at the time of the last general election in all 35 legislative districts, but in August 2021, the Idaho Supreme Court blocked implementation of that law. 34-1804, 34-1809). Const. An estimated fiscal impact statement must be printed with any constitutional amendment or initiated or referred measure on the ballot. III, 4). Laws necessary for the immediate preservation of the public peace, health or safety, Acts that become effective earlier than 90 days after the end of the session, Such laws as may be necessary for the immediate preservation of the public peace, health or safety, or laws necessary for the support of the state government and its existing public institutions, Const. Proponent financial disclosure requirements: A ballot question committee includes any person, located within or outside Arkansas, who receives contributions or makes expenditures for the purpose of expressly advocating the qualification, disqualification, passage or defeat of any ballot measure. Vote requirement for passage: Majority (Const. Art. 19, 2). 5, 1; A.C.A. Art. 48, Init., Pt. The committees select a chair and may prepare arguments and rebuttals, which will be reviewed by the secretary of state for the ballot. 5, 1). 16, 6; N.R.S. If a petition is insufficient, a period of 20 days is allowed for correction. (Const. Submission deadline for signatures: Not more than 60 days after the final adjournment of the session of the state legislature which passed on the bill on which the referendum is demanded (IC 34-1803). 106.03). If raising more than $5,000 in a year, the entity must register as a ballot question committee. This means referendums in the UK are flexible. The more formal aspects of the vote (like counting procedures, campaigning, and financing) may be regulated by the Political Parties, Elections and Referendums Act 2000. Allowed to pay another for their signature: Prohibited (SDCL 12-26-15). The Legislative Counsel Bureau distributes items to legislators, public libraries, newspapers and broadcasters (N.R.S. To save this word, you'll need to log in. Art. 4, 5). 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. 250.137; 250.139). Other requirements may include a legal warning, a statement that the petition circulator is paid, a summary of the proposed measure, the full text of the measure, the county or district where the signature was collected, a warning to signers and more. For constitutional amendments, 8 % of total vote for governor in the last election in each of two-thirds of the state's congressional districts (V.A.M.S. 23-17-43. 3, 18). Art. IV, 1(4)). Circulator oaths or affidavits: Yes (O.R.C. 15, 273; Miss. Pamphlet contains one-sentence statements describing the effect of a "yes" or "no" vote prepared jointly by the attorney general and the state secretary (M.G.L.A. Law 7-103(c)). 19, 3; Nev. Rev. Art. Types allowed: Direct initiative for statute and constitutional amendment, and popular referendum, Single subject rule: Yes (Ne.Rev.St. States may limit the subject matter of popular referenda. A legislative referral (or legislative referendum) is a referendum in which a legislature puts proposed legislation up for popular vote. Code 84107). These include filing reports and designating organization officers. Art. Where to file with: Legislative Research Council, attorney general and secretary of state (SDCL 12-13-25.1; 12-13-26). The board may certify them, or if it finds they are misleading or confusing, may refuse to certify them. 4, Pt. Which election: The first statewide election held more than 180 days after adjournment of the session during which the act was passed (Const. First 10 signatures must be turned in by the first Wednesday of the September before the assembling of the general court . But if insufficient funds for the measure, it is effective 45 days after the next convening regular legislative session. 901 and 1 M.R.S.A. Cal.Const. Timeline for taking effect: Thirty days after the official declaration of the vote unless provided otherwise in the measure (Mississippi Const. III, 6). Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). Art. 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. In the others, the measure goes directly to the ballot after it is submitted to the legislature. [8], In Australia, a 'referendum' is often said to be a vote to change the federal constitution and 'plebiscite' a vote which does not affect the federal constitution. 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. Art. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient (Const. Art. A person may not be a circulator who has had a penalty for violation of title 16 (election laws) or title 19 (initiative and referendum laws) in the past five years, has been convicted of treason or a felony and has not been restored to civil rights, or has been convicted of any offense related to fraud, forgery or identity theft (ARS 16-114(D). 250.048). Art. Withdrawal of petition: Any time before the final submission of signatures, the delegated proponents may write to the secretary of state to withdraw (34 Okl.St.Ann. Circulator requirements: U.S. citizens, 18 years of age or older and a resident of the state as determined by AS 15.05.020 (AS 15.45.335). Art. Oklahoma: Secretary of state reviews and processes the petition, along with the attorney general and the supreme court. (21-A M.R.S.A. Art. Code 23-17-60). Art. Petitions always include a title and/or summary of the proposed measure, although who writes this information varies. General guidance as to format and contents can be found at NRS 32-1402. 19, 3; Art. Pre-election statements must be filed 40 and 12 days before the election (Govt. 8). Petitions must be submitted not more than 90 days after the end of the session at which the act was passed. Ballot measure committees must file pre-primary, pre-general, year-end and, if applicable, supplemental reports in even-numbered years. Art. Timeline for collecting signatures: 18 months (W.S.1977 22-24-315). Campaign statements must be filed by the 11th day before the election, the 30th day after the election, April 25 and July 25 every year and October 25 in odd-numbered years. 55 1, 6B, 7A, 18C, 18). 6; 6.1). From official summary date by attorney general, 180 days to collect and must be filed at least 131 days prior to the next general election the measure is to be voted on. Withdrawal process of individual signature: May not remove after official submission of petitions (O.R.S. Proponent financial disclosure requirements: Within three days of making an expenditure or receiving a contribution, a political committee must file a statement of organization and designated a treasurer (ORS 260.035). Art. Most states also include requirements for verifying the authenticity of signatures. 14, 3), Ballot title and summary: Proponents but certified by state board of elections and reviewed by attorney general (see 10 ILCS 5/28-5; 10 ILCS 5/16-6; 5 ILCS 20/2), Time period restrictions before placed on the ballot: Filed at least six months before the election with the secretary of state (ILCS Const. Art. Application process information: Petitioners file a statement containing the object of the petition and the text of the measure with the secretary of state, together with a sworn statement containing the names and street addresses of every person, corporation or association sponsoring the petition (NRS 32-1405). 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. Code 23-17-3; MS Const. Details on who or which offices writes the title and summary are listed below. In some states, the legislature or governor may order a special election for a measure. Statement of organization must be filed not later than 15 days after the committee made or received contributions or paid expenses in excess of $500. Art. II, 1(d)). 3, 2). Ballot title and summary: Secretary of the commonwealth drafts a fair, concise summary that appears on petitions and on the ballot (Const. Stat. Law 7-105. Other subject restrictions: May only amend structural and procedural subjects contained in Article IV (ILCS Const. IV, 1). 5% of the whole number of votes cast for governor in the last election. Vote requirement for passage: Majority (Const. 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 legislature may submit a competing measure to the ballot (M.G.L.A. Referendums and democratic government. 3519.16. XLVII, Pt. Const. Application process information: The sponsor must file a copy of the measure signed by 1,000 electors (and not more than 2,000) with the secretary of state, along with the text of the measure, whether they plan to use paid circulators, and designating three chief petitioners (O.R.S. Maine: Secretary of state, along with revisor of statutes, may reject petition application if it does not conform to drafting conventions for statutes. II, 9(c)). And no measure that names an individual to hold office or names private corporation to perform any function (Cal.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. These may be accepted or rejected. They may also submit their own alternative ballot measure to the people if different but under the same subject area. IV, 1). IV, 1 and NMSA 1-17-1). Art. Subject restrictions: None (Const. M.G.L.A. One year for collection and must address written petition to the legislature. 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). 2; 21 Okl.St.Ann. Ballot title and summary: The title of the statute or resolution must be set out on the ballot, and the question printed upon the ballot for the information of the voters must be as follows: Shall the statute (setting out its title) be approved? (NRS 295.045). 19-123), General review of petition: Proponents may submit proposed bill to director of the legislative council for review (A.R.S. 48, Init., Pt. Paid per signature: No ban on initiative petitions, but a statement must appear on the petition if circulator is being paid (W.S.1977 22-24-310). Art. L-04, 2011 WL 1130010 (July 5, 2011). LXXXI, 4). 19, 2; N.R.S. Additional signatures are needed then. IV, pt. Circulator requirements: Resident,18 years old and paid circulators must wear badges (U.C.A. 23-17-45). 3, 4; Art. Const. Verification: Each signature is physically counted. Art. Art. 1953 20A-7-206). Disclosure reports must be filed 60 days before the election, on the fifth and 20th day of each month until the election, the 20th day of November after the election and the 20th of January each year. Section 9 describes the California referendum as the power of the electors to approve or reject statutes or parts of statutes except urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations for usual current expenses of the State. A referendum measure makes it on the ballot when over five percent of the voters sign the petition. 3, 4; MCA 13-27-301; 13-27-202). Legislature or other government official review: Office of Legislative Research and General Counsel prepares an impartial analysis of the measure, to be included in voter pamphlet. 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). Majority to pass: Yes (NDCC Const. These serve as the petition title (MCA 13-27-312). Circulator requirements: Must be 18 or older, registered with the secretary of state, and cannot have been convicted or pled guilty to forgery crimes (V.A.M.S. This is in contrast to an issue being voted on by a representative. Withdrawal process of individual signature: None specified. Art. 7-9-103). Note: It is unclear whether the following language applies only to initiatives or also to referenda: 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., General appropriation laws; laws providing for the preservation of the public peace, health or safety; for the payment of the public debt or interest thereon, or the creation or funding of the same, except as in this constitution otherwise provided; for the maintenance of the public schools or state institutions; and local or special laws. 250.105). V, 1(4)(a)). Where to file: Secretary of the commonwealth (Const. Timeline for taking effect: First Tuesday after the first Monday in January following the election unless otherwise specified (F.S.A. Art. Next succeeding election at which the question may be voted upon by the voters of the entire state. Art. In Nebraska, the total number of signatures is based upon the total number of registered voters in the state. An act referred to the people that was in effect at the time of the election and is approved by the people remains in effect. Details on who or which offices write the title and summary are listed below: Cal.Const. Petitions are valid for one year, and deadline of 90 days before the first day of the legislative session. 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). 34-1821), Number of signatures required: Six % of the qualified electors at the time of the last general election (I.C. Art. The term is commonly used in reference to a constitutional referendum which is legally required to make a change to the Constitution of Australia . 293.252). The other 19 states limit the subject matter of laws that the popular referendum can address. What is on each petition: The format of the petition may be submitted to the chief election official of the appropriate election authority, in advance of filing the petition, for a determination of its sufficiency (Elec. III, 4). Timeline for collecting signatures: Twelve months. 901 and 1 M.R.S.A. Sponsors submit full petition to title board for review (CRS 1-40-105). Art. V, 2). III, 5(1)). Verification: For each signature, county clerk verifies if the person is a registered voter (Utah Code 20A-7-306(3) and -306.3). Art. [25] In post-referendum disputes, they challenge the result. III, 8). For constitutional amendments, a majority of voters at two consecutive elections (N.R.S. Legislature or other government official review: Reviews done by attorney general and legislative services division. For direct constitutional amendments, it is nine months and three weeks. 3519.01). Art. CONST. 48, Init., Pt. Submission deadline of signatures: Generally 110 days before the election. 48, Init., Pt. Geographic distribution: Not more than one-fourth the of signatures shall be from one county (Const. 3, 52(e) and Wyo. Idaho: Within 20 days after initial petition filing, attorney general reviews and recommends revisions in an advisory capacity. Art. 250.015; 250.052). In the 2005 Italian fertility laws referendum, opposition to the proposed loosening of laws on research on embryos and on allowing in-vitro fertilization, campaigned for people to abstain from voting to drive down turnout. Attorney general, after receiving written comments from the Legislative Research Council. What is on each petition: There is very little in statute relating to petition contents or format. Const. Fifteen states follow a single-subject rule: Nine states do not have a single-subject rule: Arkansas, Idaho, Illinois, Maine, Massachusetts, Michigan, Mississippi, North Dakota and South Dakota. 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. Collected in-person: Yes (Elec. 4, 1, Pt. Proponent organization and requirements: Application must designate a committee of three sponsors who will represent all sponsors and subscribers in matters relating to the referendum (AS 15.45.270). Illinois: For accuracy and fairness, the attorney general may rewrite arguments for or against prepared by legislature. 116.180; V.A.M.S. Art. Number of signatures required: Ten % of votes cast for all candidates for governor in previous election for statutes. 19, 1). What is on each petition: Contains a summary of the subject matter, warning to signers and a statement as to paid circulators (Const. Does the law in question take effect before the referendum vote: Operation of the law is suspended when petitions with sufficient signatures to trigger a vote are submitted (Const. Repeal or change restrictions: Majority of legislature may repeal or alter any statute measure (OK Const. Where to file with: Secretary of state (N.R.S. Const. General review of petition: The Citizens' Initiative Review Commission reviews measures and may create a citizen panel to review specific ones (O.R.S. 19-112; 19-121.01). 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. Does the law in question take effect before the referendum vote: In some cases, yes. 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. IV, 1). Which election: Next statewide election, unless a special election is called by the legislature of the governor for the express purpose of considering a referendum (Const. Const. Both the initiative and the referendum process are methods of direct democracy. Allowed to pay another for their signature: Not specified. Types allowed: Indirect initiative for statute, direct initiative for constitutional amendment, and popular referendum, Other subject restrictions: No private or special laws (Const. Code 9050). 295.015). 19, 3; N.R.S. Next statewide or general election, whichever comes first that is not less than 60 days after the petition is submitted, At the next ensuing election held throughout the state for members of the U.S. House of Representatives. Art. Vote requirement for passage: Majority of the votes cast thereon and at least 40% of the total number of votes legally cast in the election (Const. Public review or notice: Public may comment for 15 days on petition once it is approved for circulation, and may attend hearing held by joint committee on legislative research, with comments from that meeting made public, and newspaper publication (V.A.M.S. IV, 1(3)). 19, 3; Art. Proponents; a simple statement of the gist of the measure is included on the petition. Does the law in question take effect before the referendum vote: Does not go into effect unless approved by voters (Const. Withdrawal of petition: File a letter with secretary of state, signed by designated representatives, no later than 60 days prior to the election (C.R.S.A. III, 4; Neb. 19-119). Const. Art. Art. Nebraska Const. Subject restrictions: Acts making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act are not subject to referendum (Const. A fee of $500 is required; fee is deposited in general fund (Const. Repeat measures: For three years, measures can only be proposed again by signatures totaling 25 % of total votes cast for governor last election, and special rule for competing measures (OK Const. Petition includes the title of the referred law. III, 5(2)). Florida: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme court. Proponent financial disclosure requirements: There is a principal circulator whose information is publicly available upon request (NRS 32-1406). 3, 52(f)). IV, 1). Const. 3, 4. 3, 18). For indirect initiatives, the legislature may make technical changes only, and prepare a legislative review note and a legislative fiscal note on the law proposed by the initiative petition. Constitution 48, Init., Pt. 54 53). Art. Art. XVI, 5(b) and Elec. However, in about half of the 24 initiative states, proponents can get drafting assistance to improve the quality and consistency of initiative proposals. Const. There is a principal circulator whose information is publicly available upon request. 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. 1953 20A-7-202). XLVII, Pt. III, 2; 4), Who can sign the petition: Registered voters (Ne.Rev.St. Must file quarterly reports. For indirect statutory initiatives, after turning in original 3 % of signatures, proponents must return next batch of signatures (another 3 %) within 90 days of the legislature not enacting or amending a measure. For indirect statutory initiatives, roughly 11 months and two weeks (N.R.S. 2; Neb. [24] Other people regard a non-majoritarian methodology like the Modified Borda Count (MBC) as more inclusive and more accurate. III, 52(a) and 53). 22-24-412). This is generally the secretary of state, but in Alaska and Utah, the lieutenant governor is the states chief election officer. Number of signatures required: For indirect initiatives submitted to the legislature, 5 % of all votes cast for all candidates for U.S. president at the last general election. 5 1). 116.332, Const. CONST. 250.036). Paid per signature: May be paid (Ark. Art. Code 9010 et. Allowed to pay another for their signature: Prohibited (Const. III, 3). Proponent organization and requirements: Petition sponsors may not gather signatures without first forming a ballot issue committee (Elec. 295.056. Where to file: Secretary of state (ARS 19-111). Fiscal review: Prepared by legislative council (CRS 1-40-105.5). Art. Const. . Art. Feb 27 (Reuters) - A referendum in Belarus on Sunday approved a new constitution ditching the country's non-nuclear status at a time when the former Soviet republic has become a launch pad. Art. II, 1e). The secretary of state writes arguments for and against the measure with information provided by proponents and opponents (Neb.Rev.St. 1953 20A-7-205; 20A-2-105). 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).