What is referendum and initiative




















How many times have you looked at your ballot and wondered why on earth you're voting on so many things? Here is a little bit of background on California's initiative and referendum systems:. A term used for any ballot measure to be voted on by the people. It can be an initiative or a referendum. In California, initiatives can be proposed by the Legislature or by the people through the direct initiative process. The direct initiative process means a petition with the required number of signatures automatically qualifies for the ballot.

Some states allow only indirect initiatives, which means a measure that receives the necessary signatures moves to the Legislature for further action.

Colorado No statute found; used Prop. Maine A M. Montana No statute found; used IR Nov. Att'y Gen. Ohio No statute found; used Issue 2 Nov. The Election and Effect The requirements for an election with statewide ballot measures vary by state. Which Election and Time Restrictions if any In all states, a qualified popular referendum may be placed on the ballot in a statewide general election. State Citation Election Alaska Const.

Colorado Const. IV, Pt. House of Representatives Massachusetts Const. Washington: equal to one-third Const. Arkansas Arkansas Const. State Status Select a topic from the column at left in the above graphic for more information. Alaska Popular Referendum Categories Year Established Allowable Subject Matter Subject restrictions: The referendum shall not be applied to dedications of revenue, appropriations, local or special legislation, or to laws necessary for the immediate preservation of the public peace, health or safety Const.

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 Alas. Does the law in question take effect before the referendum vote: In some cases, yes. Under the constitution, an act takes effect 90 days after it is enacted. The legislature can provide for a different effective date with a two-thirds vote of the membership of each house Const. Petition Application Process Application process information: Application containing the act to be referred and signed by at least qualified voters is filed with the lieutenant governor.

If he finds it in proper form, he shall so certify. Denial of certification shall be subject to judicial review Const. Application must include act to be referred; statement of approval or rejection; printed name, signature, address and numerical identifier of not less than qualified voters who will serve as sponsors; the designation of a referendum committee consisting of three sponsors who will represent all sponsors and subscribers in matters relating to the referendum.

Where to file: Lieutenant governor Const. Reports are due 30 days before the election, one week before the election, days after a special election and Feb. Withdrawal of petition: None specified. Petition Content Petition title and summary creation: Lieutenant governor Const.

Who creates petitions: Lieutenant governor Const. Circulators Circulator requirements: U. Qualifying for the Ballot Which election: The first statewide election held more than days after adjournment of the session during which the act was passed Const. Ballot title and summary: Lieutenant governor drafts a title which is limited to 25 words and must indicate the general subject area of the act and a "proposition" of not more than 50 words for each section that gives a true and impartial summary of the act being referred Const.

Time period restrictions before placed on the ballot: There must be more than days between the adjournment of the session during which the act was passed and the election at which it is considered Const.

Timeline for taking effect: An act rejected by referendum is void 30 days after certification. Repeal or change restrictions: None. Allowable Subject Matter Subject restrictions: Laws immediately necessary for the preservation of the public peace, health, or safety, or for the support and maintenance of the departments of the state government and state institutions are not subject to the referendum Const. Does the law in question take effect before the referendum vote: No. 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.

The filing of a referendum petition against any item, section, or part of any measure shall not prevent the remainder of such measure from becoming operative. Petition Application Process Application process information: Application is filed on a form provided by the secretary of state and must contain the sponsor's name, or if an organization, the names and titles of its officers; address; intent to circulate and file a petition; a description of no more than words of the principal provisions of the measure and the full text, in no less than 8-point font; and application for an official serial number.

Withdrawal of petition: No process specified. 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. The full title and text of the measure must be attached to each signature sheet Const.

Must include a warning about unlawful signing, a circulator affidavit and a notification as to whether the circulator is paid or volunteer. Who creates petitions: Not specified. Non-resident circulators and all paid circulators must register with the secretary of state before circulating petitions; it is the sponsoring committee's responsibility to collect and submit the completed registrations.

Circulator oaths or affidavit required: Yes. Petitions with an incomplete or modified affidavit are invalid Const. Paid per signature: A person shall not pay or receive money or any other thing of value based on the number of signatures collected on a statewide initiative or referendum petition. Signatures that are obtained by a paid circulator who violates this section are void and shall not be counted in determining the legal sufficiency of the petition. Who can sign the petition: Qualified electors Const.

Geographic distribution: None. Collected in-person: Not specified. Withdrawal process of individual signature: Signature may be withdrawn not later than 5 p. Submission Timelines and Deadlines Submission deadline for signatures: Must be filed within 90 days of when the applicable legislative session adjourns sine die AZ Const. Timeline for collecting signatures: Once the petition is approved and a serial number is issued, sponsors have until 5 p.

Qualifying for the Ballot Which election: Next regular general election Const. Ballot title and summary: The official title of the bill that is subject to the referendum appears on the ballot.

Time period restrictions before placed on the ballot: None. Timeline for taking effect: Effective upon the governor's proclamation of the vote Const. Repeal or change restrictions: The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters Const. Amending or diverting funds from a referendum measure requires a three-fourths vote of the members of each house of the legislature, and the amendment must further the purposes of the measure Const.

Allowable Subject Matter Subject restrictions: None. Does the law in question take effect before the referendum vote: Any measure referred to the people by referendum petition shall remain in abeyance until such vote is taken; the filing of a referendum petition against one or more items, sections or parts of any act shall not delay the remainder from becoming operative. If a referendum is filed against an emergency measure, it remains in effect until it is voted on by the people Const.

Petition Application Process 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. Must include full text of the measure, a ballot title and a popular name A. Proponent organization and requirements: None specified. 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.

Must file monthly financial reports with Ethics Commission A. Withdrawal of petition: Not specified. Petition Content Petition title and summary creation: Sponsors draft title Const. What is on each petition: Sponsors create petitions pursuant to guidelines in statute.

Original title of the act that is subject to the referendum is included A. Full text of the measure must be attached A.

Who creates petitions: Sponsors A. Petition sponsor must provide training and must provide to the secretary of state a current list of all paid canvassers' names and residence addresses.

Secretary of state conducts, at sponsor's expense, a state and federal criminal records check for each paid circulator. Circulator oaths or affidavit required: Yes Const. Paid per signature: Yes, "No law shall be passed to prohibit any person or persons from giving or receiving compensation for circulating petitions.

Withdrawal process of individual signature: None specified. Verification: By actual count as opposed to random sampling , but this is not spelled out in statute. Submission Timelines and Deadlines Submission deadline for signatures: 90 days after the final adjournment of the session in which it was passed, except when a recess or adjournment shall be taken temporarily for a longer period than 90 days, in which case such petition shall be filed not later than 90 days after such recess or temporary adjournment Const.

Ballot title and summary: The same ballot title and popular name that appeared on petitions drafted by sponsors is submitted by the secretary of state to the board of canvassers for certification. The board may certify them, or if it finds they are misleading or confusing, may refuse to certify them.

If they refuse, the measure is declared insufficient and does not appear on the ballot A. Attorney general drafts summary for ballot A.

Timeline for taking effect: 30th day after the election at which it was passed Const. Repeal or change restrictions: Two-thirds vote is required to amend or repeal a measure approved by a vote of the people Cont.

Allowable Subject Matter Subject restrictions: Cannot be used on urgency statutes, statutes calling elections or statutes providing for tax levies or appropriations for current expenses of the state Const. Does the law in question take effect before the referendum vote: If a referendum petition is filed against a part of a statute, the remainder of the statute shall not be delayed from going into effect Const.

Petition Application Process Application process information: Before circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the attorney general who shall prepare a title and summary of the measure as provided by law.

Where to file: Attorney general Elec. A statement of organization is required Govt. Semiannual statements of contributions and expenditures are due July 31 and January 31 Govt. Pre-election statements must be filed 40 and 12 days before the election Govt.

Additional statements for ballot measure committees are due April 30 and Oct. Committee must create a "top funders sheet" that is included as part of the petition Elec. Withdrawal of petition: Proponents may withdraw a measure at any time before filing the petition Elec. Petition Content Petition title and summary creation: Attorney general Elec.

What is on each petition: Petition must include a short title of 20 words or less, a summary and the text of the measure. Who creates petitions: Sponsors create the petition. Circulators Circulator requirements: Age 18 or older Elec. 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.

Paid circulators must, prior to circulating petitions, sign a statement certifying they acknowledge that it is a misdemeanor to allow signatures on a petition to be used for any purpose other than qualifying a measure for the ballot Elec. Circulator oaths or affidavit required: Yes Elec. Paid per signature: Not specified.

Allowed to pay another for their signature: Prohibited Elec. Who can sign the petition: Electors Const. Collected in-person: Yes Elec. Withdrawal process of individual signature: File a written request including the voter's name, residence address and signature with the appropriate county elections official prior to the day the petition is filed Elec. Verification: If more than names have been signed on the petition sections filed with an election official, random sampling is used to determine the number of valid voters who have signed Elec.

Submission Timelines and Deadlines Submission deadline for signatures: Within 90 days after the enactment date of the statute Const. Timeline for collecting signatures: May be circulated once the attorney general has drafted a circulating title and summary up to the 90th day after the enactment date of the statute.

Qualifying for the Ballot Which election: Next general election at least 31 days after the measure qualifies or at a special statewide election held prior to that general election; the governor may call a special statewide election for the measure Const.

Ballot title and summary: Attorney general Elec. Time period restrictions before placed on the ballot: There must be at least 31 days after the measure qualifies before the election Const. Timeline for taking effect: Takes effect on the 5th day after the secretary of state files the statement of the vote Const. Repeal or change restrictions: None Const. Allowable Subject Matter 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.

Does the law in question take effect before the referendum vote: The sections of a law subject to a referendum do not. See Const. Where to file: secretary of state Const. What is on each petition: There is very little in statute relating to petition contents or format. Who can sign the petition: Registered electors Const. Collected in-person: Yes, "In their own proper persons only " Const.

Submission Timelines and Deadlines Submission deadline for signatures: Not more than 90 days after the final adjournment of the session of the general assembly that passed the bill on which the referendum is demanded Colo. Qualifying for the Ballot Which election: Biennial general election Const.

Timeline for taking effect: The date of the official declaration of the vote thereon by proclamation of the governor, but not later than thirty days after the vote has been canvassed Const. Idaho Popular Referendum Categories Year Established Year Established: process adopted , but laws specifying mechanics of process not adopted until Does the law in question take effect before the referendum vote: Not specified.

Proponent organization and requirements: Not specified. Withdrawal process of individual signature: By crossing out his or her own signature at any time prior to the time when the petition is presented to the county clerk for signature verification, or at any time after presentation of the petition to the county clerk but prior to verification of the signature, by presenting in writing or submitting electronically to the county clerk a signed statement that the signer desires to have his name removed from the petition.

Verification: Not specified. Cure period for insufficient signatures: None specified. Does the law in question take effect before the referendum vote: Suspended upon filing of petition signatures Const. A petition organizer must register with the secretary of state. Proponent financial disclosure requirements: Committees in support or opposition to a ballot measure are treated the same as political action committees. What is on each petition: Not specified.

Withdrawal process of individual signature: Not specified. 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.

Submission Timelines and Deadlines Submission deadline for signatures: 5 p. Qualifying for the Ballot Which election: Next statewide or general election, whichever comes first, that is not less than 60 days after the petition is submitted Const.

Time period restrictions before placed on the ballot: There must be at least 60 days between submission of the petition and the election Const. Timeline for taking effect: Thirty days after the Governor's proclamation of the results Const.

Allowable Subject Matter 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 to referendum.

The increase in any such appropriation for maintaining or aiding any public institution shall only take effect as in the case of other laws, and such increase or any part thereof specified in the petition, may be referred to a vote of the people upon petition Const. Does the law in question take effect before the referendum vote: Non-emergency laws subject to referendum do not take effect until 30 days after voter approval.

An emergency law shall remain in force notwithstanding such petition but shall stand repealed 30 days after having been rejected by a majority of the qualified electors voting thereon Const. Petition Application Process Application process information: State Board of Elections is empowered to adopt regulations specifying procedures for filing and circulating petitions Elec.

Where to file: Not specified in statute; presumably with the State Board, since the Board is empowered to adopt regulations specifying how to file. Proponent organization and requirements: Petition sponsors may not gather signatures without first forming a ballot issue committee Elec. Proponent financial disclosure requirements: All campaign finance activity must be conducted through a campaign finance entity.

Petition sponsors may not gather signatures without first forming a ballot issue committee Elec. Petition Content Petition title and summary creation: Written by sponsors, approved by attorney general Const. 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.

Each page must contain the full text of the measure or an accurate summary approved by the attorney general Const. Information page must contain description of subject and purpose of the petition, identification of sponsors, the required information relating to signatures and the required affidavit. Signature pages must include description of subject and purpose of petition, a fair and accurate summary or the full text, a statement to which each signer subscribes, spaces for signatures, spaces for signers' county and space for the required affidavit.

Who creates petitions: Sponsors Elec. Circulators Circulator requirements: At least 18 years old Elec. Who can sign the petition: Registered voters of the state Const. Geographic distribution: Not more than half may be residents of Baltimore City or of one county Const. Withdrawal process of individual signature: A signature may be removed by the signer upon written application to the election authority with which the petition will be filed if the application is received by the election authority prior to the filing of that signature, or prior to the filing of that signature by the circulator who attested to that signature or by the sponsor of the petition, if it is concluded that the signature does not satisfy the requirements of this title Elec.

Verification: State Board is empowered to adopt regulations specifying procedures for verifying and counting signatures Elec. An optional random sampling process must be provided. For an act passed less than 45 days before June 1, the first third of the required number of signatures must be submitted within 30 days of the act's passage, and the time for filing the additional required signatures is extended another 30 days Const.

Timeline for collecting signatures: Signatures may be signed at any time after an act is passed Const.

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. Cure period for insufficient signatures: Subsequent to the filing of a petition under this subtitle, but prior to the deadline for filing the petition, additional signatures may be added to the petition by filing an amended information page and additional signature pages conforming to the requirements of this subtitle Elec.

Qualifying for the Ballot Which election: At the next ensuing election held throughout the state for members of the U. House of Representatives Const. Ballot title and summary: Full text is printed on the ballot if it is words or less; if it is more than words, secretary of state drafts a title. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient Const.

A ballot summary is prepared by Department of Legislative Services and approved by attorney general Elec. Timeline for taking effect: 30 days after the election Const. Allowable Subject Matter Subject restrictions: No law that relates to religion, religious practices or religious institutions; or to the appointment, qualification, tenure, removal or compensation of judges; or to the powers, creation or abolition of courts; or the operation of which is restricted to a particular town, city or other political division or to particular districts or localities of the commonwealth; or that appropriates money for the current or ordinary expenses of the commonwealth or for any of its departments, boards, commissions or institutions shall be the subject of a referendum petition 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. Petition Application Process Application process information: A petition requesting a referendum and suspension of the law must be signed by ten qualified voters and filed not more than 30 days after the law that is the subject of the petition has become law Const. Where to file: Secretary of the commonwealth Const.

Proponent organization and requirements: Application must be signed by ten qualified voters Const. Proponent financial disclosure requirements: Political committee must file a statement of organization. Disclosure reports must be filed 60 days before the election, on the 5th and 20th day of each month until the election, the 20th day of November after the election, and the 20th of January each year.

MGL ch. Petition Content Petition title and summary creation: Secretary of the commonwealth drafts a fair, concise summary that appears on petitions and on the ballot Const. What is on each petition: A fair, concise summary of the proposed measure must appear at the top, along with the names and residences of the first 10 signers Const. Who creates petitions: Secretary of the commonwealth Const. Circulators Circulator requirements: None specified.

Circulator oaths or affidavit required: No. Allowed to pay another for their signature: Prohibited Const. Geographic distribution: Not more than one-fourth the of signatures shall be from one county Const.

Who can sign the petition: Qualified voters Const. Verification: Secretary of the commonwealth is directed to establish "regulations designed to achieve and maintain accuracy, uniformity, and security" MGL ch.

Submission Timelines and Deadlines Submission deadline for signatures: Not more than 90 days after the law which is the subject of the petition has become law Const. Cure period for insufficient signatures: None. Qualifying for the Ballot Which election: The secretary of the commonwealth shall submit such law to the people at the next state election Const.

Ballot title and summary: Secretary of the commonwealth drafts a fair, concise summary that appears on petitions and on the ballot Const. Time period restrictions before placed on the ballot: If 60 days do not so intervene between submission of the petition and the date for holding the next state election, then such law shall be submitted to the people at the next following state election, unless in the meantime it shall have been repealed Const. The Election and Effect Vote requirement for passage: Majority, but no such law shall be held to be disapproved if the negative vote is less than thirty per cent of the total number of ballots cast at such state election Const.

Allowable Subject Matter Subject restrictions: The power of referendum does not extend to acts making appropriations for state institutions or to meet deficiencies in state funds Const. Does the law in question take effect before the referendum vote: For the purposes of the second paragraph of Const. Petition Application Process Application process information: Not specified.

Campaign statements must be filed by the 11th day before the election, the thirtieth day after the election, April 25 and July 25 every year, Oct. Sponsors draft summary and submit to board of state canvassers for approval. Allowed to pay another for their signature: Not specified. Who can sign the petition: Registered electors of the state Const. Withdrawal process of individual signature: Not specified 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.

In addition to citizen-initiated ballot measures, there are several types of ballot measures, including automatic ballot referrals , bond issues , commission-referred constitutional amendments , constitutional convention questions , legislatively referred state statutes , and legislatively referred constitutional amendments. Ballotpedia features , encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. Click here to contact our editorial staff, and click here to report an error.

Click here to contact us for media inquiries, and please donate here to support our continued expansion. Share this page Follow Ballotpedia. What's on your ballot? Jump to: navigation , search. The initiative process allows citizens to propose a new statute or constitutional amendment. The referendum process allows citizens to refer a law that passed the legislature to the ballot for voters to decide whether to uphold or repeal the law.

Category : Ballot measure terms and definitions. If a petition with the required number of valid signatures is filed within 30 days of the council action, the ordinance or action is suspended from becoming effective. The City Council then has the duty to reconsider the action and either repeal it or submit it to the voters for approval or rejection.

The measure would be submitted to the voters at the next regular election, unless the Council chooses to call a special election for the referendum. The measure does not become law unless it is approved by voters. Recall is a power reserved to the voters that allows the voters, by petition, to demand the removal of an elected official. If a recall petition with the required number of valid signatures is filed, the officer may resign or run for retention at a special election against any candidates whose names qualify to appear on the recall ballot.



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