There is often strong public debate on a referendum question. The results of a citizens initiated referendum are indicative only — they are not binding. A government initiated referendum can be held with a general election, at a stand-alone poll or by postal vote. The government must pass legislation to enable the referendum to be held, unless the referendum is conducted by postal vote. The wording of the referendum question is decided as part of this legislative process.
The legislation will also contain rules for advertising that supports or opposes the possible outcomes of the referendum, including caps on spending. You could vote on whether the recreational use of cannabis should become legal. If a referendum is successful, the change is made to the Constitution. Plebiscite In Australia, a plebiscite also known as an advisory referendum is used to decide a national question that does not affect the Constitution.
History of referendums in Australia Since there have been 19 referendums, proposing 44 changes to the Constitution; only 8 changes have been agreed to. Changing the Australian Constitution — double majority.
Parliamentary Education Office peo. You are free to share — to copy, distribute and transmit the work. Non-commercial — you may not use this work for commercial purposes. How to change the Australian Constitution.
AU Description This graphic explains the steps that need to be taken before the Australian Constitution can be changed: 1. The factors Members of parliament who support the proposed change prepare the 'YES' case and members of parliament who don't support it prepare the 'NO' case.
Want to know more? Australian Constitution Parliamentary Education Office. The Constitution Parliamentary Education Office. Five states require proponents to file application materials with the attorney general:.
All 24 citizen initiative states require political organizations supporting or opposing a ballot measure—almost always considered political action committees—to follow state campaign finance laws. 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, days before the general statewide election.
File a letter with secretary of state, signed by designated representatives, no later than 60 days prior to the election. In every state, petitions must follow guidelines, which vary by state. Petition sheets also always include space for signatures. 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 and more.
Details on who or which offices write the title and summary are listed below:. Title board, comprised of secretary of state, attorney general and director of the office of legislative legal services. Prepared by sponsor, approved by secretary of state. Attorney general writes title and summary if original is challenged in court. Attorney general certifies submitted title and measure and summary by secretary of state, with attorney general oversight.
Statutes for petition contents for each state:. Every state includes requirements for circulators operating in the state.
Cannot have had a civil or criminal penalty for a violation of election code in the last five years; been convicted of treason or a felony and not restored civil rights; been convicted of any criminal offense involving fraud, forgery or identity theft. 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. Gessler , the court upheld the requirement that a circulator present to the notary a specific type of identification.
Clark Twenty-two states require circulators or proponents to sign affidavits or other sworn statements as to the accuracy or authenticity of the petitions:. Several of these states require such information to be included on the signature petition sheets.
Several states have or had statutory bans on paying circulators either per signature or in general. Most of these bans have been overturned by the courts. Furthermore, statutes allowing or requiring paying per signature have been overturned by the courts.
There has been one exception: The case Initiative and Referendum Institute v. Jaeger in North Dakota upheld the ban on paying per signature. 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. Some states also include signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional.
Every state also includes requirements as to how the authenticity of signatures are verified, and constitutional amendments often require more signatures than statutory changes.
Some states have what's called an indirect initiative process. In these states, sponsors gather a smaller number of signatures to reach the first stage of qualification and, once enough valid signatures are gathered to meet this threshold, the initiative goes before the state legislature. If the legislature enacts the proposal, no further petition takes place and the proposal becomes law.
If the legislature fails to enact the proposal as written, sponsors then go through a second stage of signature gathering. Massachusetts, Ohio and Utah use this sort of process. Missouri and Nebraska have unique signature requirements.
In Missouri, signature requirements are based entirely on congressional districts. That means the total number of signatures required for ballot access will vary depending upon which congressional districts sponsors put together to reach the total of six. In Nebraska, the total number of signatures is based upon the total number of registered voters in the state. Since the total number of registered voters is constantly changing, with new voters being added and ineligible voters being removed, that presents a dilemma for the state.
The state must essentially pick a point in time at which to capture a snapshot of the total number of registered voters.
If the legislature does not enact the statute, another round of signatures is required equaling 0. To make it more difficult to place initiatives on the ballot and to ensure initiatives do not represent just the interests of heavily populated areas, some states have created a requirement that signatures be gathered from across the state.
The criteria for these requirements vary wildly. States with geographic requirements using entities that are unequal in population, such as counties or even state legislative districts, are more likely to have the requirement challenged in court for example, see Montana.
Geographic entities based on U. House districts, which are required to be highly equal in population, have been ruled to be constitutional for example, see Nevada. Ten states do not have a geographic requirement; 14 states do. The maximum number of signatures counted from any individual congressional district is one-fifth of the total number required.
In each of two-thirds of the congressional districts, and each petition page must only contain signatures from a singular county. Original geographical requirement found unconstitutional. Revised statutes now require that signatures be equally collected among all the petition districts congressional districts.
This was held to be constitutional. For indirect statutory initiatives, signatures must be collected from at least 44 of 88 counties, equaling 1. States vary a great deal in how they verify collected signatures.
Most state statutes include some type of sampling, such as in the cases of Arizona A. Nine states do not include a process in statute for an individual to withdraw his or her signature. Most states only allow an individual to withdraw a signature before the official filing of the petitions. There are exceptions, such as in Mississippi, where someone can withdraw a signature if it was signed as a result of fraud, coercion, or being intentional mislead as to the substance or effect of the petition Miss.
Formal processes vary greatly, such as the requirement of a formal sworn statement in Missouri V. Indirect initiatives can require two rounds of signature gathering, so timelines and deadlines for these are more complex. In three states Massachusetts, Ohio and Utah , proponents must gather additional signatures to place the measure on the ballot after the first round.
In the others, the measure goes directly to the ballot after it is submitted to the legislature. Each state has a unique way of handling the timeline and deadline for signature gathering. Not more than 24 months for collection with a deadline of four months before the election, and by 5 p.
Unlimited, but if number of filed signatures is deemed insufficient, sponsors have 30 days to collect more. And must be filed four months before election. From official summary date by attorney general, days to collect and must be filed at least days prior to the next general election the measure is to be voted on.
Six months to turn in signatures once petitions have been titled and certified for circulation, and filed no later than three months and three weeks before the election and made by 3 p. Signatures are valid for two years, but a petition can circulate indefinitely, and filed at least 30 days before Feb.
Eighteen months or until April 30 of the year of the next general election, whichever is earlier, for collection, and a deadline of 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. Must also file with the secretary of state not less than four months before the election at which initiatives are to be voted on.
Eighteen months, but cannot start collecting more than two years before the election, and a deadline of six months before the general election. One year for collection and must address written petition to the legislature. 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. 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.
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. Constitution 48, Pt. Deadline of days before election for amendments; days before election and not less than 10 days before legislative session for statutes; and days to collect.
And no signature "collected prior to a November general election at which a governor is elected shall not be filed after the date of that November general election. Petitions are valid for one year, and deadline of 90 days before the first day of the legislative session.
Eighteen months for collection, and then sponsors must submit signatures no later than six months before the election and can only start collecting the day after the previous general election. One year, but proponents must submit to the county officials no sooner than nine months and no later than four weeks prior to the final deadline. For statute initiatives, no later than three months prior to the election the measure is to be voted upon, and must submit to the county officials no sooner than nine months and no later than four weeks prior to the final deadline.
For direct constitutional amendments, it is nine months and three weeks. For indirect statutory initiatives, it is roughly 11 months and two weeks. For direct constitutional amendments, a timeline beginning on Sept. For indirect statutory initiatives, the timeline begins on Jan. One year after the petition is approved by the secretary of state for collection, and deadline of days before the election it is to be voted upon.
No collection timeline except when collecting the second 3 percent of signatures of votes in last election for governor, the deadline is 90 days, and deadline of days before the election generally. 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.
If the petition is insufficient, the sponsors have 10 extra days to collect more signatures. Ninety days from the date marking the beginning circulation for collection, as set by the secretary of state after public posting and chance for protest, and a deadline of 90 days from the official set date from the secretary of state.
For collection, if the petitions were filed at least days before the election and the signatures are deemed insufficient, they may collect more, and deadline of four months prior to the general election. Twelve months for collection, and no signatures may be obtained prior to 24 months before the general elections that it is to be voted upon. Signatures must be filed one year prior to the election. Collectors have days after the day on which the application is filed or the Feb.
For direct initiatives, six months to collect submit proposed measure within 10 months with deadline to submit four months out from the general election. For indirect initiatives, about nine months proposed measure submitted within 10 months of the session it is to be submitted at with a deadline of 10 days before the session.
Some states offer no assistance or advice to initiative proponents on the draft of their proposed law. And, in some states, the review is purely technical; the proposal is reviewed to ensure it meets the legal requirements for format and style and adheres to drafting conventions. However, in about half of the 24 initiative states, proponents can get drafting assistance to improve the quality and consistency of initiative proposals.
In these states, sponsors may take a draft, or even just an idea, to a legislative office for assistance with the form and content of the initiative before submitting the proposal to the appropriate state official. States also have varying processes for reviewing petitions. Fiscal statements are the most common type of review, giving estimates and analysis on the likely fiscal impact the proposed measure will have on the state.
Other types of review might include recommendations on wording. And many states include some type of public review or notice of proposed measures, as well. For indirect initiative states, this review process involves the legislature and can be quite extensive. A statement of words or less by secretary of administration and finance regarding fiscal consequences of the measure.
Prepared by the secretary of state, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau. The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures.
The financial estimate committee will estimate costs and consult with the legislative revenue officer. Office of the Legislative Fiscal Analyst conducts an estimate and description of funding sources.
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. These requirements vary widely, most often including newspaper publication, other public displays such as posting on the internet, or public comment periods.
Public notice requirements are found in the following statutes. 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.
The first statewide general, special, special runoff, or primary election after the petition has been filed, a legislative session has convened and adjourned, and a period of days has expired since the adjournment of the legislative session. Only regular state, congressional and municipal elections, and filed at least four months before election.
Next general election held at least days after signatures are certified. Governor may call a special statewide election for the measure. Biennial regular general election, with submission deadline three months and three weeks prior to election.
General election, and signatures must be verified no later than Feb. Next statewide or special election after the legislative session concludes sine die, and 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. Next state election, and depending on type, must be submitted by September, then December, and then possibly July see deadlines and timelines topic.
For statutes: If not passed by the legislature within 40 days, it is placed on the next general election's ballot. Same if an alternate measure is proposed. A statewide special election may be called for amendments. Restrictions included days before election for amendments, and days before an election and not less than 10 days before legislative session for statutes.
Statewide general election, and 90 days before the first day of the legislative session and the first five measures make it on the ballot. At general elections except when a special election is ordered by the legislature, and must be filed at least six months before the election it is to be voted on. General election, while petitions cannot be filed more than 65 days before the deadline.
For amendments, must be submitted for verification by the third Tuesday in June of the general election year. 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. A referred measure may be voted upon at a statewide election or at a special election called by the governor.
The next regular or general election occurring subsequent to the days after filing signatures. The next statewide election unless the legislature or governor convenes a special election for it or the governor designates a vote at the primary election.
Regular election unless otherwise ordered by Legislative Assembly, and restrictions of four months prior to the general election. General election, but governor and legislature may call special elections, and certified ballot title is due at least 65 days before the election. For direct initiatives, signatures must be submitted by Feb. The next general election after signature petitions filed, a legislative session has convened and adjourned, and days after the legislative session adjournment.
Board of Election commissioners and then certified to the secretary of state. Attorney general prepares abstract to be posted at polling places. Secretary of state and attorney general jointly make a more descriptive ballot question summary to be sent to voters. Proponents write title. Proponent and approved by the attorney general, is the title for both the petition and ballot.
If attorney general does not approve the statement, he or she prepares one. Office of Legislative Research and General Counsel numbers propositions and proposes a descriptive title summarizing the contents of the measure.
The requirements for an election with statewide ballot measures vary greatly by state. States have statutes covering conflicting or competing measures, the percent of the vote needed to pass a measure, and repeal or change restrictions. Seventeen states have a statute in place noting that if two or more conflicting measures are on the same ballot, the measure receiving the most votes passes. Additional stipulations:. In Idaho and Nebraska, the law states that the entire measure might not be superseded and that only conflicting parts of the measure may supersede one another.
In Maine, Oklahoma and Utah, the law includes additional requirements to those governing conflicting measures:. Colorado and Florida require a supermajority to pass a constitutional amendment: 55 percent of voters in Colorado C. In Nevada, a constitutional amendment needs only a majority but must be approved in two consecutive elections N. 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.
Oregon requires the election as a whole to have had at least 50 percent voter turnout, but only requires a majority to pass OR Rev. Four states require measures to pass with a majority of voters, but the measures must also have been voted upon by a certain percentage of the total number of voters who voted in that election. This ensures that measures will not be passed by a small minority of voters, either because of a low turnout or ballot-drop off where voters only vote partway through a ballot.
States have rules in place to govern what legislatures or governors can do to citizen initiatives once they pass. In every state, a constitutional amendment requires a vote of approval. Therefore, rules restricting the ability to change or repeal measures apply to statutory measures, which are available in 21 states. Ten states allow the legislature to alter or change measures without any time limits or supermajority requirements:.
Seven states have supermajority requirements for changing a measure the other states require only a regular majority, although some enforce a time period.
In California Cal. Create Account. Initiative and Referendum Processes. Introduction Citizen initiatives and popular referenda are two forms of direct democracy. Year of Adoption Twenty-three states have a popular referendum process. Subject Matter Limitations Four states have no restrictions on what sorts of laws can be subjected to the popular referendum: Arkansas, Idaho, Maine and North Dakota. VI, Subpt. Michigan Const. Nevada Const. Oklahoma Const. Petition Application Process All states require proponents of a popular referendum to follow guidelines.
Application and Filing Requirements Nine states require filing an initial number of signatures of sponsors as part of an application to circulate a popular referendum petition. Wyoming Wyo. Massachusetts Const. Missouri Mo. Ohio O. Oklahoma OK Stat. Oregon O. Petition Content The guidelines for the format and content of petitions vary by state.
Circulators Individuals who physically gather signatures are referred to as circulators. General Requirements Every state includes requirements for the circulators operating in the state.
South Dakota Yes Yes No registered sex offender may circulate a petition unless the person is in the employ of and under the immediate supervision of another person and under circumstances which preclude any contact with children.
Four states require training for circulators: Arkansas A. Information on states that restrict payment to circulators are below. Signatures To place a popular referendum on the ballot, sponsors must gather signatures on petitions.
IV, pt. Nebraska Const. L, WL July 5, Geographic Distribution Requirements Thirteen of the 23 popular referendum states have geographic distribution requirements for petition signatures. Nevada N. New Mexico Const. Wyoming Const. The following 11 states use a statistical sampling method to determine if petitions have enough valid signatures: Arizona A. Submission Timelines and Deadlines The timelines for signature gathering for popular referenda differ significantly from those for initiatives.
Arizona Const. Arkansas Const. California Const. Colorado Colo. Idaho I. 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. Voter information What's on my ballot? Where do I vote?
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