Difference between revisions of "Changes in 2013 to laws governing ballot measures"

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==Laws approved in 2013==
 
==Laws approved in 2013==
  
{{approved}} [http://www.arkleg.state.ar.us/assembly/2013/2013R/Pages/BillInformation.aspx?measureno=HB1187 HB 1187]: Declares that it is unlawful for a public servant or a governmental body to expend or permit the expenditure of public funds to support or oppose a ballot measure.
+
{{approved}} [http://www.arkleg.state.ar.us/assembly/2013/2013R/Pages/BillInformation.aspx?measureno=HB1187 Arkansas HB 1187]: Declares that it is unlawful for a public servant or a governmental body to expend or permit the expenditure of public funds to support or oppose a ballot measure.
  
{{approved}} [http://www.arkleg.state.ar.us/assembly/2013/2013R/Pages/BillInformation.aspx?measureno=SB822 SB 822]: Requires all ballot question committees to file a final financial report regardless of whether a ballot question committee, individual, public servant, or governmental body received contributions or made expenditures in excess of $500.
+
{{approved}} [http://www.arkleg.state.ar.us/assembly/2013/2013R/Pages/BillInformation.aspx?measureno=SB822 Arkansas SB 822]: Requires all ballot question committees to file a final financial report regardless of whether a ballot question committee, individual, public servant, or governmental body received contributions or made expenditures in excess of $500.
  
{{approved}} [http://legislature.idaho.gov/legislation/2013/S1108PrinterFriendly.htm SB 1108]: Amends existing law relating to initiative and referendum elections to revise signature requirements. Adds geographic distribution requirements. Revises provisions relating to the form of petitions to include legislative district on the signature sheet.
+
{{approved}} [http://legislature.idaho.gov/legislation/2013/S1108PrinterFriendly.htm Idaho SB 1108]: Amends existing law relating to initiative and referendum elections to revise signature requirements. Adds geographic distribution requirements. Revises provisions relating to the form of petitions to include legislative district on the signature sheet.
  
{{approved}} [http://www.leg.state.nv.us/Session/77th2013/Reports/history.cfm?billname=AB35 AB 35]: Expands the conditions which require campaign finances to be reported.
+
{{approved}} [http://www.leg.state.nv.us/Session/77th2013/Reports/history.cfm?billname=AB35 Nevada AB 35]: Expands the conditions which require campaign finances to be reported.
  
{{approved}} [http://www.leg.state.nv.us/Session/77th2013/Reports/history.cfm?billname=SB325 SB 325]: Requires ballot summaries provide a concise and clear summary of any existing laws directly related to the measure and a summary of how the measure adds to, changes or repeals such existing laws.
+
{{approved}} [http://www.leg.state.nv.us/Session/77th2013/Reports/history.cfm?billname=SB325 Nevada SB 325]: Requires ballot summaries provide a concise and clear summary of any existing laws directly related to the measure and a summary of how the measure adds to, changes or repeals such existing laws.
  
 
==Legislation by state==
 
==Legislation by state==

Revision as of 09:58, 5 July 2013

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This page lists changes and proposed changes in 2013 to laws governing the initiative and referendum process. Given the complexity of the initiative process, these laws can address a wide range of initiative-related law, including:
  • The legal right of citizens to initiate statutes, amendments, or veto referendums.
  • Signature and distribution requirements for placing measures on the ballot.
  • Regulations governing signature collection and petition circulators.
  • Campaign finance requirements for initiative, referendum, and recall campaigns.
  • Administrative rules, involving filing deadlines, fiscal analyses, petition forms, etc...

Note: This list is based on the National Conference of State Legislatures I&R Legislation Database. This database is only periodically updated. For the status of a single bill, click the title to view its state bill status page.

Legend
Simple icon time.svg = This legislation is still pending.
Right-facing-Arrow-icon.jpg = This legislation was carried over to the next session.
Approveda = This legislation was approved.
Defeatedd = This legislation was defeated.








Laws approved in 2013

Approveda Arkansas HB 1187: Declares that it is unlawful for a public servant or a governmental body to expend or permit the expenditure of public funds to support or oppose a ballot measure.

Approveda Arkansas SB 822: Requires all ballot question committees to file a final financial report regardless of whether a ballot question committee, individual, public servant, or governmental body received contributions or made expenditures in excess of $500.

Approveda Idaho SB 1108: Amends existing law relating to initiative and referendum elections to revise signature requirements. Adds geographic distribution requirements. Revises provisions relating to the form of petitions to include legislative district on the signature sheet.

Approveda Nevada AB 35: Expands the conditions which require campaign finances to be reported.

Approveda Nevada SB 325: Requires ballot summaries provide a concise and clear summary of any existing laws directly related to the measure and a summary of how the measure adds to, changes or repeals such existing laws.

Legislation by state

Alabama

The following bills were introduced in the Alabama State Legislature:


Simple icon time.svg HB 487: Amends the state constitution to provide for popular initiatives and that the legislature may offer alternative proposals.

Simple icon time.svg HB 95: Creates Fair Ballot Commission, requires secretary of state to provide explanation of measures and post on website, and creates Alabama Informed Voter Act.

Simple icon time.svg SB 12: Proposes an amendment to the state constitution authorizing the legislature to provide by general law for the recall of elected state officials.

Simple icon time.svg SB 68: Creates Fair Ballot Commission, requires secretary of state to provide explanation of measures and post on website, and creates Alabama Informed Voter Act.

Arizona

See also: Laws governing the initiative process in Arizona

The following bills were introduced in the Arizona State Legislature:

Simple icon time.svg HB 2007: Requires literature or advertisements for statutory initiatives and their official ballot titles to contain the following disclosure: "Notice: Pursuant to Proposition 105 (1998), this measure can never be changed in the future if approved on the ballot except by a three-fourths vote of the Legislature and the change furthers the purpose of the original ballot measure, or by referring the change to the ballot."

Simple icon time.svg HB 2233: Requires the auditor general to conduct a special audit to evaluate the costs of each measure that is voter protected pursuant to article IV, part 1, section 1, Constitution of Arizona, and report the results to the governor, the president of the senate and the speaker of the house of representatives, and provide a copy of this report to the secretary of state.

Simple icon time.svg HB 2282: Divides recall elections into a primary and a general election. Makes various changes to recall procedures.

Simple icon time.svg HB 2290: Relates to election recall; relates to reimbursement.

Simple icon time.svg HB 2305: Requires a political committee that files petitions with the secretary of state to organize and group the signature sheets and affords a heightened evidentiary standard for any challenger to the petition circulators if the political committee conducts an arm’s length background check on its circulators.

Simple icon time.svg HB 2314: Includes referendums in the public hearing requirement for initiatives.

Simple icon time.svg HB 2366: Requires that initiative and referendum petitions include an impartial title on the petition.

Simple icon time.svg HCR 2017: Allows the state legislature to repeal voter approved ballot measures that do not specifically claim protection under the Voter Protection Act of 1998. Also provides that all voter approved initiatives have a subsequent vote eight years after the initial vote.

Simple icon time.svg HCR 2033: Requires that all ballot measures relating to state expenditures be reauthorized in an election eight years after the date they were originally passed.

Simple icon time.svg SB 1247: Removes the current requirement for notarization of petitioner's statement on petition.

Simple icon time.svg SB 1260: Requires the secretary of state to provide the official serial number to the applicant on a stamped copy of the application along with the specific number that is the minimum number of signatures required for the initiative or referendum to appear on the ballot and the required filing date for a petition to appear on the ballot.

Simple icon time.svg SB 1262: Applies existing contribution limits to contributions made toward support the effort to gather signatures on a recall petition.

Simple icon time.svg SB 1263: Requires that for a statewide ballot measure or question, or a statewide or legislative recall, all persons who are paid circulators must be registered as circulators with the secretary of state before circulating petitions. Requires the secretary to establish the procedure for registering paid circulators and receiving service of process.

Simple icon time.svg SB 1264: Modifies and adds requirements with regards to the initiative, referendum and recall petition process.

Simple icon time.svg SB 1336: Establishes an Arizona Election Commission to act as the investigatory, compliance and enforcement officer for campaign finance laws that apply to political committees supporting or opposing the recall of a public officer officer, or supporting the circulation of petitions for ballot measures.

Simple icon time.svg SB 1416: Modifies the petition signature requirements for new political parties and initiative and referendum measures.

Simple icon time.svg SCR 1019: requires initiative and referendum petition signatures to be apportioned among at least five different counties. Requires at least 40 percent of the total minimum number of required petition signatures to be collected from counties other than the two most populous counties.

Arkansas

See also: Laws governing the initiative process in Arkansas

The following bills were introduced in the Arkansas General Assembly:

Approveda HB 1187: Declares that it is unlawful for a public servant or a governmental body to expend or permit the expenditure of public funds to support or oppose a ballot measure.

Defeatedd HJR 1010: Amends the constitutional requirements for amending the Arkansas Constitution.

Simple icon time.svg SB 821: Makes sweeping changes the initiative and referendum process.

Approveda SB 822: Requires all ballot question committees to file a final financial report regardless of whether a ballot question committee, individual, public servant, or governmental body received contributions or made expenditures in excess of $500.

Defeatedd SJR 15: Proposes an amendment to the Arkansas constitution concerning the powers of initiative and referendum. (bill text not specific)

Simple icon time.svg SJR 16: Require ballot issue groups to collect at least 75% of the valid signatures required in order to receive additional time to gather extra signatures once the petition has been turned in to the secretary of state. This measure is on the ballot as the Arkansas Ballot Measure Signature Requirements Amendment.

California

See also: Laws governing the initiative process in California

The following bills were introduced in the California State Legislature:

Simple icon time.svg AB 354: Makes technical, non-substantive changes to provisions regarding an initiative or referendum petition, requiring that each section bear the name of a county or city and county allowing only qualified registered voters of that county or city and county to sign that section of the petition.

Simple icon time.svg AB 400: Requires a state or local initiative, referendum, or recall petition circulated by a paid circulator who is paid by a committee to include a disclosure statement identifying the persons from whom the committee received the 5 largest cumulative contributions in support of the measure and the name of their employer, if 2 or more of these contributors have the same employer. Requires this disclosure statement to be updated as specified.

Simple icon time.svg ACA 6: Increases the vote requirement of votes cast for the electors to amend the Constitution by an initiative measure to 55%. Permits the electors to repeal a previously adopted initiative or legislative amendment to the Constitution, including certain subsequent amendments to the constitutional amendment, by an initiative measure passed by a majority vote.

Simple icon time.svg AB 510: Requires that a committee file a report if they pay any amount to an individual for his or her appearance in an advertisement to support or oppose the qualification, passage, or defeat of a ballot measure if the advertisement states or otherwise communicates that the individual is a practitioner or member of a profession having expertise or specialized knowledge relating to the subject of the measure.

Simple icon time.svg AB 857: Deletes provisions providing that a person who is a voter or is qualified to vote in California is authorized to solicit signatures on an initiative or referendum petition, and requiring that person to declare under penalty of perjury that he or she is a voter or is qualified to register to vote in the state.

Simple icon time.svg AB 121: Requires a corporation that has shareholders located in this state and that makes a contribution or expenditure to, or in support of or in opposition to, a candidate, ballot measure campaign, or a signature-gathering effort on behalf of a ballot measure, political party, or political action committee to issue a report on the political expenditures of the corporation in the previous fiscal year, and to notify shareholders prior to each political contribution.

Simple icon time.svg SCA 6: Proposes an amendment to the Constitution to prohibit an initiative measure that would result in a net increase in state or local government costs, from being submitted to the electors or having any effect unless and until the Legislative Analyst and the Director of Finance jointly determine that the initiative measure provides for additional revenues in an amount that meets or exceeds the net increase in costs.

Colorado

See also: Laws governing the initiative process in Colorado

The following bills were introduced in the Colorado General Assembly:

Simple icon time.svg HB 1100: Requires that ballot titles be in plain language.

Connecticut

The following bills were introduced in the Connecticut General Assembly:

Simple icon time.svg HJR 1: Provides for direct public participation in the legislative process.

Simple icon time.svg HJR 14: Provides for direct public participation in the legislative process.

Simple icon time.svg HJR 15: Provides for direct public participation in the legislative process.

Simple icon time.svg HJR 2: Allow for direct initiative and referendum; permits direct initiative and referendum.

Florida

See also: Laws governing the initiative process in Florida

The following bills were introduced in the Florida State Legislature:

Simple icon time.svg H 397: Limits word count on ballot summaries. Deletes authority of state attorney general to revise ballot titles and summaries if the joint resolution is defective.

Simple icon time.svg H 7013: Limits word count on certain ballot summaries. Revises sites and amount of time available for early voting.

Simple icon time.svg S 668: Limits word count on certain ballot summaries. Deletes judicial authority over ballot titles and summaries revised by the attorney general.

Hawaii

The following bills were introduced in the Hawaii State Legislature:

Simple icon time.svg HB 1445: Constitutional amendment providing for the recall of elected public officials.

Simple icon time.svg HB 1447: Statutory provision for the recall of elected public officials. Dependent upon ratification of HB 1445.

Simple icon time.svg HB 300: Requires the publication of information on proposed constitutional or proposed charter amendments that appear on an election ballot in pamphlet and electronic form.

Simple icon time.svg SB 771: Amends the State constitution to provide for initiative, referendum, and recall.

Idaho

See also: Laws governing the initiative process in Idaho

The following bills were introduced in the Idaho State Legislature:

Simple icon time.svg SB 1026: Amends existing law relating to initiative and referendum elections to revise provisions relating to the form of certain petitions; revises provisions relating to certain signature sheets; revises provisions relating to the number of signatures required on certain petitions; revises provisions relating to certain petitions and signature sheets.

Approveda SB 1108: Amends existing law relating to initiative and referendum elections to revise signature requirements. Adds geographic distribution requirements. Revises provisions relating to the form of petitions to include legislative district on the signature sheet.


Illinois

See also: Laws governing the initiative process in Illinois

The following bills were introduced in the Illinois State Legislature:

Simple icon time.svg HJRCA 12: Provides for the recall of all state executive branch officers and members of the general assembly. Changes the signature requirements for affidavits and petitions for recall of the governor.


Maryland

The following bills were introduced in the Maryland State Legislature:

Simple icon time.svg HB 221: Prohibits a person from willfully and knowingly preventing, hindering, or delaying a person who has a lawful right to sign a petition from signing a petition through the use of fraud, duress, force, threat, menace, or intimidation.

Simple icon time.svg HB 236: Requires that a question that relates to the enactment of a legislative or congressional districting plan that was petitioned to referendum include a map of the State that shows the boundary lines for the legislative or congressional districts that are included in the legislative or congressional districting plan.

Simple icon time.svg HB 49: Prohibits a sponsor or circulator of a petition from disclosing to the public specified information that an individual includes on a petition; prohibits public inspection of a petition after the petition is filed with the State Board of Elections or a county board of elections.

Simple icon time.svg HB 493: Requires a petition signature page to contain a specified notification and be completed on a specified form; alters the information an individual must provide to sign a petition; establishes specified requirements for an online petition system.

Simple icon time.svg HB 867: Authorizes members of the general assembly to use public resources to promote the success or defeat of a ballot issue.

Simple icon time.svg SB 367: Prohibits public inspection of a petition after the petition is filed with the State Board of Elections or a county board of elections.

Simple icon time.svg SB 673: Requires a petition signature page to contain a specified notification and be completed on a specified form; alters the information an individual must provide to sign a petition.

Simple icon time.svg SB 706: Alters the earliest date by which a nonemergency law may take effect; alters the date by which petitions to refer a law to referendum must be filed.

Massachusetts

See also: Laws governing the initiative process in Massachusetts

The following bills were introduced in the Massachusetts State Legislature:

Simple icon time.svg HB 556: Relates to state recall elections.

Simple icon time.svg HB 602: Relates to limiting contributions to ballot question committees.

Simple icon time.svg HB 627: Requires the state secretary to promulgate regulations governing the conduct of paid signature gatherers for ballot questions, designed to achieve and maintain security from forgery and fraud in the collection of signatures on petitions for ballot questions and names thereon.

Simple icon time.svg HB 67: Adds the following to the state constitution: "No initiative petition shall propose a constitutional amendment that would restrict the rights set forth in this constitution to freedom and equality, or the right of each individual to be protected by society in the enjoyment of life, liberty and property, according to standing laws."

Simple icon time.svg SB 13: Adds the following to the state constitution: "No initiative petition shall propose a constitutional amendment that would restrict the rights set forth in this constitution to freedom and equality, or the right of each individual to be protected by society in the enjoyment of life, liberty and property, according to standing laws."

Michigan

See also: Laws governing the initiative process in Michigan

The following bills were introduced in the Michigan State Legislature:

Simple icon time.svg HB 4046: Prohibits being paid for each petition signature collected, and require petition circulators to wear identification badges.

Simple icon time.svg HJR 5: Protects legislation making appropriations by reducing spending, from referendum.

Simple icon time.svg SB 10: Requires the name of individual or organization providing compensation to a circulator of a ballot question petition to be printed on the front of the petition.

Simple icon time.svg SJR C: Protects legislation making appropriations by reducing spending, from referendum.

Minnesota

The following bills were introduced in the Minnesota State Legislature:

Simple icon time.svg HF 1762: Prohibits the use of public fund to promote or defeat ballot questions.

Simple icon time.svg HF 196: Constitutional amendment that would require a two-thirds vote of each house of the legislature to submit a constitutional amendment to the people.

Simple icon time.svg HF 93: Constitutional amendment that would require a two-thirds vote of each house of the legislature to submit a constitutional amendment to the people.

Simple icon time.svg SF 1597: Prohibits the use of public fund to promote or defeat ballot questions.

Mississippi

See also: Laws governing the initiative process in Mississippi

The following bills were introduced in the Mississippi State Legislature:

Defeatedd HB 455: Provides a procedure for the recall of state and local elected officials.

Defeatedd HB 965: Allows a petition proposing an initiative measure to be signed by means of an electronic or digital signature.

Defeatedd HCR 28: Revises voter initiative procedure to conform signature requirements to number of existing congressional districts.

Missouri

See also: Laws governing the initiative process in Missouri

The following bills were introduced in the Missouri State Legislature:

Simple icon time.svg HB 117: Changes the laws regarding petition circulators and the duties of the Secretary of State regarding initiative and referendum petitions.

Simple icon time.svg HB 661: Specifies that any issue to increase any tax, license, fee, or levy requiring voter approval under Article X of the Missouri Constitution must be placed on the ballot only on the general election day.

Simple icon time.svg HJR 10: Proposes a constitutional amendment requiring a four-sevenths voter majority approval of an initiative petition related to crop production, livestock, or agriculture in order for it to take effect.

Simple icon time.svg SB 135: Requires a newly formed Fair Ballot Commission to approve fair ballot language and ballot summary statements.

Simple icon time.svg SB 2: Requires the Secretary of State to post the full text of an initiative or referendum on its website, along with sponsorship information.

Montana

See also: Laws governing the initiative process in Montana

The following bills were introduced in the Montana State Legislature:

Defeatedd HB 126: Generally revise ballot issues and petition statutes.

Defeatedd HB 419: Revise public official recall laws.

Defeatedd HB 615: Amends the state constitution to require that legislative referrals must be passed by three-fifths of the members of each house of the legislature.

Defeatedd SB 204: Amend constitution to prohibit fishing/hunting/trapping laws by initiative.

Defeatedd SB 321: Revise initiative process laws related to public involvement.

Nebraska

See also: Laws governing the initiative process in Nebraska

The following bills were introduced in the Nebraska State Legislature:

Defeatedd LB 160: Provide for electronic signatures on recall, initiative, and referendum petitions.

Nevada

See also: Laws governing the initiative process in Nevada

The following bills were introduced in the Nevada State Legislature:

Approveda AB 35: Expands the conditions which require campaign finances to be reported.

Approveda SB 325: Requires ballot summaries provide a concise and clear summary of any existing laws directly related to the measure and a summary of how the measure adds to, changes or repeals such existing laws.

New Hampshire

The following bills were introduced in the New Hampshire State Legislature:

Simple icon time.svg HB 601: Requires all measures placed on state ballots to be in plain English.

Simple icon time.svg SB 112: Requires constitutional amendment concurrent resolutions to contain the language for the voter's guide.

New Jersey

The following bills were introduced in the New Jersey State Legislature:

Simple icon time.svg A 1610: Requires ballot question on approval of state bond issue to disclose total amount of debt of State or other entity, debt service on which is funded through annual state appropriation.

Simple icon time.svg A 1924: Reduces number of signatures required on petition to recall elected official.

Simple icon time.svg A 960: Requires interpretive statements of state general obligation bond act public questions to include certain fiscal information.

Simple icon time.svg ACR 51: Proposes constitutional amendment to provide for Statewide initiative and referendum for directing State fiscal restraint.

Simple icon time.svg ACR 72: Proposes constitutional amendment to provide for Statewide initiative and referendum.

Simple icon time.svg ACR 77: Proposes constitutional amendment to establish initiative process for limited purpose of overturning New Jersey Supreme Court decisions or statutes.

Simple icon time.svg S 1610: Changes signature requirement for recall petition and when recall may be initiated.

Simple icon time.svg SCR 15: Proposes constitutional amendment to provide Statewide initiative and referendum for directing State fiscal restraint.

Simple icon time.svg SCR 82: Proposes constitutional amendment to change signature requirement for recall petition.

New York

The following bills were introduced in the New York State Legislature:

Simple icon time.svg A 3118: Establishes a procedure for a people's veto of laws enacted by the legislature.

Simple icon time.svg A 3972: Provides for regulation of delegates to a constitutional convention, their election, and public financing for such elections.

Simple icon time.svg 5392: Provides for initiative and referendum and recall; empowers the electors with the ability to propose statutes and amendments to the constitution, approve or reject statutes or parts of statutes, and remove elective officers.

Simple icon time.svg A 6161: Provides for the recall power of the electors to remove an elective officer.

Simple icon time.svg AB 1557: Provides for initiative and referendum petitions for electors.

Simple icon time.svg S 2214: Provides for initiative and referendum and recall.

Simple icon time.svg S 2763: Proposes an amendment to the constitution providing the electors with the power of initiative, indirect initiative and referendum.

Simple icon time.svg S 3253: Provides for regulation of delegates to a constitutional convention, their election, and public financing for such.

Simple icon time.svg S 4049: Provides for initiative and referendum in New York State for the People as electors to propose or reject laws and submit amendments to the state constitution.

Simple icon time.svg SB 1651: Establishes a procedure for a people's veto of laws enacted by the legislature.

Simple icon time.svg SB 329: Provides for recall; empowers the electors with the ability to remove elective officers.

North Dakota

See also: Laws governing the initiative process in North Dakota

The following bills were introduced in the North Dakota State Legislature:

Simple icon time.svg HB 1372: Provides that upon submission of the petitions to the secretary of state, the petitions are considered filed and may not be returned to the sponsoring committee for the purpose of continuing the circulation process or resubmitting the petitions at a later time.

Simple icon time.svg HB 1402: Requires that a petition signer's name be legibly printed on a petition, and includes zip code in the required information.

Simple icon time.svg HB 3005: Adds signature distribution requirement that signatures of electors equal in number to at least four percent of the resident population from each of at least fifty percent of the counties in the state.

Simple icon time.svg HB 3011: Requires that initiated measures estimated to have a significant fiscal impact be placed on the general election ballot.

Simple icon time.svg HB 3034: Amends the constitution to change the submission deadline for initiative petitions from 90 to 120 days before the election.

Simple icon time.svg SB 2183: Requires that petition circulators be a qualified elector who has been a resident of the state for at least three years and who, according to the central voter file, has voted in at least one of the preceding two statewide elections, not including any special election.

Simple icon time.svg SB 2299: Relates to campaign contribution statements required of initiated petition sponsoring committees; relates to campaign finance; relates to campaign contribution statements required of political organizations.

Simple icon time.svg SCR 4006: Requires legislative approval of any ballot measure estimated to have a fiscal impact of forty million dollars or more during the next full biennium after the measure is due to become effective.

Ohio

See also: Laws governing the initiative process in Ohio

The following bills were introduced in the Ohio State Legislature:

Simple icon time.svg SB 47: Makes sweeping election law revisions.

See also

References