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Municipal I&R laws by state
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xLocal levelBallot textSignaturesCirculation periodCirculatorsPetition sheets and signaturesSignature turn-inDirect/indirectScheduling an electionElection TotalsOther notes
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*except certain charter citiesCounty, city, town, etc.Subject-matter restrictions?Process for submission/approval# requiredDays allowedConstraints on whenAny restrictions?Petition appearanceNotary?Mail?Submit to whom?Rules governingWho decidesRequirements for a measure to be approvedOther points worth consideringBallotpedia Research Document, Local Initiative by State
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Alaska*municipalities and boroughsSingle-subject, legislative matter (Alaska Stat. 29.26.110); state statute 29.26.100 applies restrictions in Alaska Const. Art. XI, Section 7 to municipal I&R. http://www.ballotpedia.org/wiki/index.php/Article_XI,_Alaska_Constitution#Section_7File application with municipal clerk; give name and address of contact and one alternate; sigs of at least 10 sponsors; clerk must approve and prepare petition for circulation w/in 2 weeks; approval subject to judicial review (Alaska Stat. 29.26.110).If population over 7500: 15% of votes cast in last general election; if under 7500: 25% of votes cast in last general election (Alaska Stat. 29.26.130).90 (Alaska Stat. 29.26.120, 130)."a new petition on substantially the same matter may not be filed sooner
than six months after a petition is rejected as insufficient" (Alaska Stat. 29.26.160). or if it did not receive a majority of votes (Alaska Stat. 29.26.190).
must be a registered "sponsor" with municipal clerk (Alaska Stat. 29.26.120(6)). can add sponsors with clerk up until filing of petition (Alaska Stat. 29.26.110).Prepared by municipal clerk following approval for circulation. Appearance governed by Alaska Stat. 29.26.120.sponsor affidavit required in statute (Alaska Stat. 29.26.120).municipal clerk. 10 days to certify. 11 days following certification of insufficiency to supplement (Alaska Stat. 29.26.140). May also protest finding of insuff. to mayor (Alaska Stat. 29.26.150).Indirect, if the governing body adopts substantially the same measure (or repeals a referred measure), the petition is void, and the matter initiated may not be placed before the voters (Alaska Stat. 29.26.170, 180).No less than 60 days. If no previously scheduled election is scheduled from 60-75 days out, municipal government decides whether to schedule special election or put it on next regular election ballot (Alaska Stat. 29.26.170).municipal government (Alaska Stat. 29.26.170).majority (Alaska Stat. 29.26.170)."Hands Off" Period of 2 years: The effect of an ordinance or resolution may not be modified or negated within two years after its effective date if adopted in an initiative election or if adopted after a petition that contains substantially the same measure has been filed. Also may not enact subst. same measure repealed by referendum for two years (Alaska Stat. 29.26.190). Charters must include I&R provisions (Alaska Stat. 29.10.030).Alaska
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Arizona*Cities, towns, and countiesRestricted to matters on which the incorporated cities, towns or counties are empowered by general laws to legislate. The Constitution says in 29 1 C. "Membership in a public retirement system is a contractual relationship that is subject to article II, section 25, and public retirement system benefits shall not be diminished or impaired."Left to the determination of the particular city, town, or county, within the restrictions of general law. General Law states that they shall be as close as practical to state I&R. [Constitution of Arizona, Article IV, Part 1, Section 1 (8)] Note: (Tyler M) Not sure how many of the SoS's responsibilities (e.g., petition review/approval) are transferred to local officials by Arizona Statute, 19-141 (A).Ordinance: 15% of qualified electors; Referendum: 10% of qualified electors; Calculated from total votes cast in the last mayoral or councilmanic election [Constitution of Arizona, Article IV, Part 1, Section 1 (8)]Up to 20 monthsApplication for a petition serial number must be no more than 24 months before the proposed election and no later than 4 months. Completed petitions must be submitted 90 after end of session for R and 4 months before election for I Yes. Must be registered to vote or registered to circulate petitions. Justices of the peace may not circulate petitions.Persons registered to circulate petitions need not be residents. (AZ Statutes 19-112, 19-114)Governed by statute ARS 19-101&102 http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=19 Yes. The petition contains a statement attesting that the person circulating it was a witness to the signatures and that they had been untampered with. This must be signed and notarized. (19-101, 19-102, 19-112)NoCity or town clerk, county officer in charge of elections or person performing the duties as such. (19-141 through 143)Indirect (The council may (1) enact the ordinance without referral (subject to Veto Ref.) or (2) enact it and refer it to the people. They are not required to act on measures and they may not block them. No additional signatures are required after council action. (19-143)
next ensuing election
City councilby majorityThe charter shall be consistent with and subject to the state constitution, and not in conflict with the constitution and laws relating to the exercise of the initiative and referendum and other general laws of the state not relating to cities. ARS 9-284. More information and a petitioners guide is found in the Arizona folder.
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ArkansasCitiesAvailable "as to all local, special
and municipal legislation of every character" (Ark. Const. Art. 5, Section 1); must be legislative and not administrative
No pre-approval process in Const. provision, check city code for additional requirements. The sufficiency of all local petitions shall be decided in the first instance by the city clerk as the case may be, subject to review by the chancery court; if insufficient sponsors have 10 days to amend (Ark. Const. Art. 5, Section 1)15% of the legal voters of the municipality, computed upon the total vote cast for the office of mayor at the last preceding general election (Ark. Const. Art. 5, Section 1)the time for filing an initiative petition shall not be fixed at less than sixty days nor more than ninety days before the election at which it is to be voted upon. Check city code for specifics. (Ark. Const. Art. 5, Section 1)No. "No law shall be passed to prohibit any person or persons from giving or receiving compensation for circulating petitions, nor to prohibit the circulation of petitions, nor in any manner interfering with the freedom of the people in procuring petitions" (Ark. Const. Art. 5, Section 1)Governed by Arkansas Code: § 7-9-104, 106. Text of proposed measure required to contain enacting clause ""Be It Enacted by the People of the State of Arkansas, (municipality) (Ark. Const. Art. 5, Section 1)Circulator affidavit required on each petition part (Ark. Const. Art. 5, Section 1)City clerk, filed petition must include wording for ballot title; ballot title must also be filed with county election board to place on ballot (not clear if sponsors or city clerk does this) (Ark. Const. Art. 5, Section 1)DirectAll measures initiated by the people whether for the State, county, city or town, shall be submitted only at the regular elections, either State, congressional or municipal (Ark. Const. Art. 5, Section 1)Majority (Ark. Const. Art. 5, Section 1)Council repeal: No measure approved by a vote of the people shall be amended or
repealed by the any city council, except upon a yea and nay vote on roll
call of two-thirds of all the members of the city council (Ark. Const. Art. 5, Section 1)
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CountiesMust be consistent with AR Constitution and State Law. (Arkansas Constitution, Article 5, Section 1) Must "embrace only a single comprehensive topic." (Arkansas Code: 14-14-915 (a)). [Note: Charters are prohibited from altering civil service or pension laws in the general laws of the state. (Arkansas Code: § 14-42-306)]No pre-approval process.15% of legal voters. The number of "legal voters" is (for the purpose of I&R) equal to the total number of votes cast for circuit clerk in the last general election. (Arkansas Constitution, Article 5, Section 1) If a county does not have a circuit clerk, the basis shall be the total number of votes (cast in the county) for governor. (Arkansas Code: 14-14-914 (b) Initiative: No limit. Veto Referendum: must file 60 calendar days from passage.Initiative: Must file 90-120 days before election. Certification must be completed 70 days prior to the general election or the measure is delayed until the following general election (unless a special election is called). [Arkansas Code: 14-14-915 (b)]No residency requirement. Notarized affidavit required certifying that the circulator believes the signatures to have been made in accordance with the law. (Arkansas Code: § 7-9-109)Governed by Arkansas Code: § 7-9-104 and § 7-9-105Yes, for circulator affidavit. (Arkansas Code: § 7-9-109)Signed petitions are submitted to county clerk. "Correction or amendment" is allowed when petitions are rejected. Proponents have ten days from the date they are notified of the rejection to amend or correct the petition. A ballot title for the measure is submitted by proponents with their completed petitions.(Arkansas Constitution, Article 5, Section 1)DirectInitiative: Next general election at least 70 days after verification. Veto Referendum: Special or general election held at least 60 days after certification. (Arkansas Code: §14-14-915 (b) § 14-14-917)Veto Referendum: Both the petition itself and the county quorum court may call a special election (within certain limits). (Arkansas Code: § 14-14-917)Simply majority.“No measure approved by a vote of the electors shall be amended or repealed by a quorum court except by affirmative vote of two-thirds (2/3) of the whole number of justices comprising a court. On the passage of an amendment or repealing measure, the yeas and nays shall be called and recorded in the minutes of the meeting.” (Arkansas Code: 14-14-918 (b)) Also, city charter amendments are authorized under § 14-42-304.
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California*General Law CitiesMay not include or exclude any part of the city from the application or effect of its provisions; may not contain alternative or cumulative provisions. (California Constitution, Article II, Section 11. b and c) Cannot violate state or federal constitutional rights to equal protection or due process of the law; name a person to hold office or a corporation to perform a given function. (California Constitution, Article II, Section 12). Single subject restriction. (California Constitution, Article II Section 8(d)). Legislative acts only.(California Constitution, Article II Section 8[a]).File initiative with municipal elections official notice of intention, accompanied by written text of the initiative. The notice shall be signed by at least one, but not more than three, proponents (form of notice detailed in EC 9202 a). Pay a fee established by legislative body not exceeding two hundred dollars ($200) to be refunded to filer if, within one year of filing intent the elections official certifies the sufficiency of the petition. (California EC 9202) Local elections official forwards the request to the city attorney who has 15 days to publish ballot title and summary in form prescribed in EC 9203 a. (California EC 9203)Initiative: if population over 1000: 10% registered voters, 15% forces special election; if population is 1,000 or less: the lesser of 25% or 100 signatures is required, and forces special election. (California EC 9214, 9215) Referendum: if population over 1000: 10% registered voters; if population is 1,000 or less: the lesser of 25% or 100 signatures is required. (California EC 9237) Initiative:180 days from the date of receipt of the title and summary. (California EC 9208) Referendum: within 30 days of adoption of ordinance in question. (California EC 9242)NoVoter or qualified to register as voter of city in question. (California EC 9209)Initiative: appearance governed by provisions set out in California EC 9203 b. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=elec&group=09001-10000&file=9200-9226 Referendum: appearance governed by provisions set out in California EC 9237.5 and 9238. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=elec&group=09001-10000&file=9235-9247Circulator shall attach declaration in substantially the same form as set forth in EC 9022, except that declaration shall declare that the circulator is a voter or is qualified to register as a voter of the city, and shall state his or her residence address at the time of the execution of the declaration. (California EC 9209)AllowedCity elections official. (California EC 9210)Indirect: municipal legislative body may submit the petition for a report, no later than 30 days after petition certified, on its impact on the municipality. Report does not change whether or not proposed ordinance becomes law. Legislative body can then pass or not pass the ordinance. If they do not pass it goes to the voters. Mayors veto is same in effect as legislative bodies failure to pass. Petition still goes to vote of the electors. (California EC 9212-9216) At least 10% but less than 15% of registered voters sign in cities with more than 1000 people: next regular election occurring not less than 88 days after call for election; in cities with 1,000 or less registered voters, and petition is signed by 25 percent of the voters or 100 voters of the city, whichever is the lesser number: next regular election occurring not less than 88 days after call for election. Cities with more than 1000 people where 15% or more sign: special election 88-103 days following certification barring certain restrictions found in EC 1405. All the above is under the condition that the legislative body has not passed said ordinance. (California EC 1405, 1410, 9214, 9215)Municipal legislative body. (EC 9215, 9216)Simple majority. (California EC 9217)There is a state pension system but it is not required for municipalities to be a part of it and many are not.California
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ColoradoDefault process for general law and charter cities and townsSingle-subject (Colo. Const. Art. V § 1(5.5). Right covers legislation of every character (Art. V § 1(9)). Grant of pension power to municipalities found in C.R.S. 24-54-101.Submit petitions to municipal clerk for pre-approval. Clerk has five business days to approve or reject. C.R.S. 31-11-1065% of the registered electorate, determined on: i. Initiative- date when gave initial notice to clerk (C.R.S. 31-11-104); ii. Referendum- date of final publication (C.R.S. 31-11-105). Municipalities that use an alternative process are limited to (as a maximum) "Not more than ten percent of the registered electors may be required to order the referendum, nor more than fifteen per cent to propose any measure by the initiative" (Colo. Const. Art V § 1(9)). Signers must be registered electors eligible to vote on measure. C.R.S. 31-11-108.Init.: 180 days from approval by clerk C.R.S. 31-11-104. Ref. on passed ordinance: 30 days from final publication to submit petition with signatures C.R.S. 31-11-105Ref. must be filed within 30 days of final ordinance publication.Must be 18 yrs old at time of circulation. "The circulation of any petition section other than personally by a circulator is prohibited" C.R.S. 31-11-107. Can be paid, but proponent must file amounts along with petition to clerk C.R.S. 31-11-113Governed by C.R.S. 31-11-106. Include names of two persons representing proponents; warning, summary, ballot language, signature pages, affidavitYes, each petition section must have a notarized affidavit from the circulator before filing signatures with the clerk. C.R.S. 31-11-106City Clerk; has 30 calendar days to deem sufficiency/insufficiency; if no action deemed sufficient. C.R.S. 31-11-109Indirect: Initiative- Legislative body has 20 days (from finding of sufficiency) to pass without alteration, gets 10 days to override a mayoral veto. C.R.S. 31-11-104. Referendum- Legislative body must "promptly reconsider" 31-11-105If does not pass legislatively, must hold regular or special election not less than 60 days or more than 150 days from petition sufficiency determination. C.R.S. 31-11-104,5"legislative body of any municipality" C.R.S. 31-11-104,5majority passes C.R.S. 31-11-104,5Process provided by statute is a default process, municipalities may develop alternative process through ordinance or charter (C.R.S. 31-11-102), would need to check if specific city has done this. Home rule cities must allow charter amendment through initiative (Colo. Const. Article 20, Section 5, 6); charter can supersede state statutes if in conflict (Art. 20, Section 6).County I&R provision contained in C.R.S. 30-11-103.5. Although C.R.S. 24-54-101 grants municipalities authority to develop pension plans, many public workers will be covered under statewide plans (e.g. Policemen's and Firemen's Pension Reform Act statutory provisions C.R.S. 31-31; Public Employee Retirement Association C.R.S. 24-51).Colorado
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GeorgiaCounties & Cities (All cities are charter cities)Local governments are granted explicit authority to maintain and modify county employee pension programs. This power can be restricted, but not eliminated, by state statute. While no general restrictions seem to be on the books, municipal participation in statewide retirement programs may limit local discretion over retirement programs. (Georgia Constitution, Article IX, Section II, Paragraph III) The Georgia Constitution, Article IX, Section II, Paragraph 1 (e) & (f) and Georgia Code, § 36-35-4 reinforce local authority on matters relating to public employment. General restrictions on county home-rule can be found in the Georgia Constitution, Article IX, Section II, Paragraph I (c) & (d). General restrictions on municipalities can be found in the Georgia Code, § 36-35-6. In cities, the petition must include the exact language of the proposal. Petition forms must be obtained from and approved by the clerk of the governing authority. [(Georgia Code, § 36-35-3 (b) (2) (A) & (C)] In counties, there is no pre-approval process.Counties < 5,000: 25% of registered electors; Counties 5,000 -> 50,000: 20% of registered electors; Counties > 50,000: 10% of registered electors. [Georgia Constitution, Article IX, Section II, Paragraph I (b) (2)] Cities < 5,000: 25% of registered electors; Cities 5,000 -> 100,000: 20% of registered electors; Cities > 100,000: 15% of registered electors. [Georgia Code, § 36-35-3 (b) (2) (A)]In cities, sponsors have 60 days to circulate petitions. In counties, there is no limit.[Georgia Code, § 36-35-3 (b) (2) (C)]
NoneIn cities, they must be resident of the municipality. They must sign a statement swearing that they are a resident and swearing that the signatures were gathered inside the boundaries of the municipality.[Georgia Code, § 36-35-3 (b) (2) (C)] In counties, there are no restrictions.In cities, the petition must include the exact language of the proposal and a circulator statement. Petition forms must be obtained from and approved by the clerk of the governing authority. [(Georgia Code, § 36-35-3 (b) (2) (A) & (C)] In counties, there is no pre-approval process.NoIn cities, petitions are filed with the "governing authority" (may differ from charter to charter). [Georgia Code, § 36-35-3 (b) (2) (A)] In counties, petitions are filed with the judge of the probate court. [Georgia Constitution, Article IX, Section II, Paragraph I (b) (2)]DirectIn cities, the governing authorities call a special election within one week of certification. (Up to fifty days are allowed for the certification process) There are a limited set of days on which special elections may be scheduled. [Georgia Code, § 36-35-3 (b) (2) (A) & § 21-2-540] In counties, the probate judge must call a special election between 10 and sixty days after filing. The election must be held between 60 and 90 days after filing. The judge must cause a notice of the election to be placed in the official county organ for three consecutive week prior to the election.[Georgia Constitution, Article IX, Section II, Paragraph I (b) (2)] In cities, the governing authority. In counties, the judge of the probate court.Simple majority. [Georgia Constitution, Article IX, Section II, Paragraph I (b) (2) & Georgia Code, § 36-35-3 (b) (2) (A)]
The state is prohibited from repealing or modifying any local action by a special local law (except in specified cases--see subject restrictions). The state may pass general laws that override local actions. [Georgia Constitution, Article IX, Section II, Paragraph I (a) & Georgia Code, § 36-35-3 (a)]

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Idahoall political subdivisionsNone mentioned. However, pensions are run at the state level.By city but there are some guidelines in Idaho code. Have placed relevant code in folder on Idaho.dependent upon the city special election must be either the third tuesday in may or the first tuesday after the first monday in november whichever is closest but at least 45 days after the election is orderedstate codeThe state basically leaves everything to the cities and says that they should meet minimum requirements, not sure if that means they can require more or fewer signatures, or who that works with certain other mechanics.
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Kansas*Cities (all charter)Single subject restriction. (Kansas Statutes 25-36-02a) Restricted from: administrative ordinances; ordinances relating to a public improvement to be paid wholly or in part by the levy of special assessments; ordinances subject to referendum or election under another statute. (Kansas Statutes 12-30-13 e) Referendums are limited to tax, excise, and fee ordinances not otherwise restricted by statute. (Kansas Statutes 12-1-37) Police and Fire pension plans must conform to minimum standards as detailed in Kansas Statutes Chapter 12, Article 50. First class cities must conform to 13-14a and second class (if they choose to have a pension plan) to 14-10a unless otherwise declared by charter amendment. (Kansas Statutes 12-50-01, 13-14a02, 14-10a02)Submitted to county or district attorney/counselor for advisory on legality of petition. This must happen before signatures are submitted to the city clerk. (Kansas Statutes 25-36-01 a)Initiative: 25% in cities of the first class, and 40% in cities of the second and third class, of the electors who voted at the last preceding regular city election as shown by the poll books. (Kansas Statutes 12-30-13a) Referendum: 10% required. (Kansas Statutes 12-1-37)Initiative:180 days from date of first signature. (Kansas Statutes 25-36-02 d) Referendum: within 60 days of publication of ordinance. (Kansas Statutes 12-1-37)Must be both a resident and qualified elector in the state of Kansas. (Kansas Statutes 25-36-02 b) State the question which petitioners seek to bring to an election; name political subdivision in which election will be held; contain following recital above signature spaces: "I have personally signed this petition. I am a registered elector of the state of Kansas and of (insert political subdivision)and my residence address is correctly written after my name." Followed by blank space for signatures. (Kansas Statutes 25-36-02 b)Yes. Both in writing on petition and in oral oath before notarial officer. (Kansas Statutes 25-36-02 b)Allowed.City clerkIndirect but cannot be altered by governing body or vetoed by mayor.(a) Pass ordinance without alteration within 20 days after clerk's certification; or (b) if not passed within 20 days, call a special election, unless a regular city election is to be held within 90 days, and at the election submit the ordinance to voters without alteration. (Kansas Statutes 12-30-13 a)Governing body of the municipalitySimple majority. (Kansas Statutes 12-30-13 c)Kansas
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MaineTowns and plantations that use town meeting form of governmentequal to at least 10% of the number of votes cast in the town at the last gubernatorial election, but in no case less than 10, the municipal officers shall have a particular article placed on the next ballot printed or shall call a special town meeting for its consideration (Section 30-a-2528(5)). Also 10% to insert article in warrant (Section 30-a.2522)Municipal officers (ME Rev. Stat. Section 30-a.2522, 2528(5))Const. expressly grants cities right to have I&R, ordinance establishing city I&R must pass majority of voters (Maine Const. Art. IV, Part 3, Section 21). City charters amended through initiative ME Rev. Stat. 30-A-2104; County charters amended through initiative (ME Rev. Stat. 30-A-1323). Towns and Plantations that use town meeting form of govt. have I&R-like process in ME Rev. Stat. 30-A-2522, 2528(5) (petition for article in warrant, secret ballot)Maine
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Massachusetts*Cities operating under government types A,B,C,D,E, and F as specified in Chapter 43 of Mass. General Laws.Referendum: revenue loan orders. (Mass. General Laws Ch. 43, Sec. 42)No process for approval. Law only applies once petition has been submitted. However there must be a committee of 3 electors who register as submitting the petition with their names and addresses. This can be done at time of filing the completed petition. (Mass. General Laws Ch. 43, Sec. 38)Initiative: 8% of registered voters. (Mass. General Laws Ch. 43, Sec. 40) Referendum: 12% of registered voters. (Mass. General Laws Ch. 43, Sec. 42)Referendum: within 20 days of final passage of measure. (Mass. General Laws Ch. 43, Sec. 42)None specified but implied restriction to registered voter of municipality. (Mass. General Law Ch. 43, Sec 38)Signatures to initiative petitions need not be all on one paper. The papers constituting a petition shall be filed with the endorsement thereon of the names and addresses of three persons designated as filing the same. (Mass. General Laws Ch. 43, Sec. 38)None required.City clerk. (Mass. General Laws Ch. 43, Sec. 38)Indirect: may be passed unaltered within 20 days by city council. Otherwise it goes before vote of the electors. (Mass. General laws Ch. 43, Sec. 39 and 40) Initiative: if 15% sign and council does not pass petition, then city clerk shall call special election for a Tuesday after 30 but within 45 days of the date of qualification; if general election occurs within 90 days of qualification then clerk may forego special election in favor of general election. If less than 15% but more than 8% sign and council does not pass petition, then city clerk shall submit petition to voters at the next regular municipal election occurring at least 30 days after the date of qualification. (Mass. General Laws Ch. 43, Sec. 39 and 40) Referendum: if not rescinded by council then city clerk shall submit petition at next general election unless the council calls for a special election. (Mass. General Laws Ch. 43, Sec. 42)Initiative: City clerk. Referendum: City Council. (Mass. General Laws Ch. 43, Sec. 39, 40, and 42)Approved by registered voters of the city equal in number to one third of the whole number thereof and also by a majority of the voters voting on such measure, but not otherwise. (Mass. General Laws Ch. 43, Sec. 40)To qualify for statewide I&R in Mass. you must first take up one of the six types of municipal government described in Ch. 43 which allow municipal I&R. You are also able to have special charters which are subject to I&R charter revision under Ch. 43B. This is similar to New Jersey. Municipalities can either institute the statewide pension form or their own. To be clear, it's not a statewide system, simply a state formatted system.Massachusetts
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MissouriThird Class Commission Cities (Monett and West Plains)No pre-approval process in statutes, submit to city clerk who has 10 days to determine sufficiency, 10 days allowed to amend if insufficient (MO Rev. Stat. Section 78.270)For next municipal election: 10% of the votes cast for all candidates for mayor at the last preceding election; For special election: 25% (MO Rev. Stat Section 78.200)No limit in statuteMO Rev. Stat. Section 78.240Affidavit required (MO Rev. Stat. Section 78.240)City clerk (MO Rev. Stat Section 78.200, 270)Indirect (MO Rev. Stat Section 78.200)Commission has 20 days to pass without alteration or submit to voters at municipal election (MO Rev. Stat Section 78.200)CommissionMajority (MO Rev. Stat. Section 78.210)I&R authority varies among forms of govt: Fourth class cities and villages are not granted I&R authority by state statutes. Third class cities- Mayor-Council (most common form)- no I&R authority; Commission (2 remaining)- mandated I&R process for ordinances (MO Rev. Stat. 78.200-240); Council-Manager- optional I&R process council may adopt (MO Rev. Stat. 78.573). Charters can be amended through I&R (Mo. Const. Art. VI Sec. 20). Certain counties may have charter, but set own amendment process (Mo. Const. Art. VI, Sec. 18).Missouri
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Third Class Council-Manager CitiesCannot initiate an ordinance appropriating money, emergency ordinances and ordinances for the levying of taxes (MO Rev. Stat. Section 78.573)No pre-approval process in statutes, submit to city clerk who has 10 days to determine sufficiency, 10 days allowed to amend if insufficient (MO Rev. Stat. Section 78.573, 78.270)25% of the registered voters (MO Rev. Stat. Section 78.573)No limit in statuteCity clerk (MO Rev. Stat. Section 78.573, 78.270)Indirect (MO Rev. Stat. Section 78.573)Council has 20 days to pass without alteration or submit to voters at next municipal, state primary, or general election (MO Rev. Stat. Section 78.573)CouncilMajority (MO Rev. Stat. Section 78.573)
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MontanaMunicipalitiesSingle comprehensive subject. Restricted from: the annual budget; bond proceedings, except for ordinances authorizing bonds; the establishment and collection of charges pledged for the payment of principal and interest on bonds; the levy of special assessments pledged for the payment of principal and interest on bonds; or the prioritization of the enforcement of any state law by a unit of local government. (Montana Code 7-5-131)Sample petition must be submitted in the form in which it will be circulated to the county election administrator for approval as to form. The county election administrator shall refer a copy of the sample petition sheet to the attorney for the local government unit. The local government attorney shall review the sample petition for form and compliance with 7-5-131 and 7-5-132 and prepare a ballot under 100 words. (Montana Code 7-5-134)15% of the registered electors of the local government. (Montana Code 7-5-132d)Initiative: must be filed within 90 days of the date of the notice that the petition has been approved as to form. Referendum: filed prior to ordinances effective date or within 60 days of passage of ordinance. (Montana Code 7-5-132, 7-5-134)Must be a resident, as provided in Montana Code 1-1-215, of the state of Montana. (Montana Code 13-27-102)Form prescribed in Montana Code 13-27-201 through 205. http://data.opi.mt.gov/bills/mca_toc/13_27_2.htmNotary affidavit of circulator must be attached to petition. (Montana Code 13-27-302) Local election administrator. (Montana Code 13-27-301)Indirect: the governing body may, within 60 days of receiving the petition, take the action called for in the petition. If the governing body does not within 60 days take the proposed action, then the question must be submitted to the electors at the next regular or primary election. (Montana Code 7-5-133, 7-5-136) Initiative must be voted on at next regular election unless: petition asks for a special election and is signed by at least 25% of the electors of the local government, in which case the governing body shall call a special election held in conjunction with a regular or primary election; or the governing body calls for a special election held in conjunction with a regular or primary election. Special election must occur at least 75 days after approval. If adequacy of petition is determined by election administrator within 75 days prior to next regular election, election must be delayed until the following regular election unless special election is called. (Montana Code 7-5-136)Governing body of the municipality. (Montana Code 7-5-136)Simple majority. (Montana Code 7-5-136)Prior to collection of signatures the petition can be opposed by governing body in which case the petition goes before the local court who determines its validity. Suit must be initiated within 14 days of approval of petitions form. This court case takes precedence over all others. 90 day period begins after court's resolution of suit. (Montana Code 7-5-135)Montana
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Nebraska*Municipal Subdivisions. "Municipal subdivision" means "all cities [that don't have their own charter] and all villages. (18-2507).Initiatives proposal cannot have as their primary purpose the repeal or modification of existing law unless it is necessary for the adoption and operation of the initiative. Initiatives shall not be effective if the direct or indirect effect of the passage of such initiative measure shall be to repeal or alter an existing law which is not subject to referendum or subject only to limited referendum pursuant to section 18-2528. (NRS 18-2523) For referendum restrictions see NRS 18-2528.Before circulation the petitioner shall file with the city clerk a prospective petition. City Clerk immediately dates petition. City clerk verifies prospective petition as regards to form and provides a ballot title for the initiative or referendum proposal, pursuant to section 18-2513. If it is in proper form, the city clerk shall authorize the circulation of the petition within 3 days of receiving it. (NRS 18-2512)15% of the qualified electors in the municipal subdivision. (NRS 18-2524, 18-2529)6 months after approval for circulation by clerk. (NRS 18-2518)The same measure may not be submitted by initiative either affirmatively or negatively, more often than once every 2 years. No attempt to repeal or alter an existing measure by referendum petition may be made within 2 years from the last attempt to do the same. (NRS 18-2519)Must be at least 18 years old. (NRS 32-629)The Secretary of State shall design the form to be used for initiative and referendum petitions. The petitions shall conform to NRS 32-628. (NRS 18-2514)Notary affidavit of circulator in form specified in 32-628 and 32-1304 must be attached to petition. (NRS 32-628) City clerk.Indirect: if governing body fails to pass then it goes before a vote of the electors. (NRS 18-2524 and 18-2529)If at least 15% sign: if governing body fails to pass the measure, within thirty days from the date it received notification, the city clerk shall submit it at the next regularly scheduled primary or general election held within the municipal subdivision. The governing body can decide to submit the petition to a special election prior to the next general election. (NRS 18-2524 and 18-2529) If at least 20% sign and petition requests special election: if governing body fails to pass the measure, within thirty days from the date it received notification the city clerk shall submit it at a special election called for such purpose. Subject to the provisions of section 18-2521, the date of such election shall not be less than 30 nor more than 60 days from the date the governing body received notification pursuant to section 18-2518. (NRS 18-2525 and 18-2530)City clerk.Simple majority. (NRS 18-2526, 18-2531)"Cities operating under home rule charter shall provide, by charter provision or ordinance, for the exercise of the powers of initiative and referendum within the cities. Nothing in sections 18-2501 to 18-2537 shall be construed to prevent such cities from adopting any or all of the provisions of sections 18-2501 to 18-2537." (NRS 18-2501)
Nothing in sections 18-2501 to 18-2536 shall apply to procedures for initiatives or referendums provided in sections 14-210 to 14-212 relating to metropolitan-class cities, sections 18-412 and 18-412.02 relating to municipal light and power plants, sections 70-504 and 70-650.01 relating to public power districts, and sections 80-203 to 80-205 relating to soldiers and sailors monuments. (NRS 18-2537) Cities with municipal pension systems are required to levy a tax to defray costs. (NRS 18-1221)
Nebraska
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NevadaMunicipalitiesSingle subject restriction. (NRS 295.009) Retirement funding for municipal public officials and employees is a part of the statewide Public Employees Retirement System. All municipalities are required to participate in the system and this system is not subject to reform by the municipalities. (NRS 286.290)Any five registered voters of the city file an affidavit with the full text of the initiative ordinance as the petitioner's committee with the city clerk who then consults with the council to determine if the initiative or referendum may have any anticipated financial effect on the local government. If it does they make note of it and publish the information. (NRS 295.205)Initiative: 15% of registered voters who last voted in general county or municipal election. Referendum: 10% of registered voters who last voted in general county or municipal election. Constitution of Nevada, Article 19, Section 4(a)180 days after the date that the affidavit is filed with the city clerk; or
(b)130 days before the election, whichever is earlier. (NRS 295.205)
NoneAll documents of a petition must be uniform in size and style, numbered and assembled as one instrument for submission. Each signature must be preceded by the printed given name followed by the surname of the person signing and be followed by the address of the person signing and the date on which the person signed the petition. Each document must contain, or have attached thereto throughout its circulation, the full text of the ordinance proposed or sought to be reconsidered. (NRS 295.205)Required from the circulatorCity clerkIndirect. If the petition meets requirements it is given to the city council to consider the proposed initiative ordinance or reconsider the referred ordinance by voting its repeal.If, within 30 days of the clerk deeming the petition sufficient, the council fails to adopt the proposed initiative ordinance without any change in substance or fails to repeal the referred ordinance, the council must submit the ordinance to the voters of the city. Held at the next general city election or general election. (NRS 295.215)Automatically at next general election.Simple majority. (NRS 295.220)The county I&R process is contained in NRS 295.075 - 295.125
Charters are also able to be amended through I&R. (NRS 268.010)
Nevada
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New JerseyCities operating under the Optional Municipal Charter LawInitiative: restricted from initiating zoning ordinances. (N.J.S.A. 40:55D-62 b.) Referendum: restricted from referring ordinances which to be effective in the municipality must be submitted to the voters, or which authorize a referendum concerning the subject matter thereof. (N.J.S.A. 40:69A-185) No process for approval. Law only applies once petition has been submitted. However there must be a committee of 5 electors who at the time of submission register as the Committee of the Petitioners.Initiative: either 15% or less than 15% but greater than 10% of total votes cast in last election of General Assembly. (N.J.S.A. 40:69A-184) Referendum: 15% of total votes cast in last election of General Assembly. (N.J.S.A. 40:69A-185) Referendum: 20 days from passing of ordinance. (N.J.S.A. 40:69A-185)Qualified elector of municipality.Specifications for petition appearance found in N.J.S.A. 40:69A-186. http://law.onecle.com/new-jersey/40-municipalities-and-counties/69a-186.html Attached to each separate petition paper there shall be an affidavit of the circulator declaring the signatures valid. (N.J.S.A. 40:69A-186.)Municipal Clerk. (N.J.S.A. 40:69A-187)Indirect: submitted to municipal governing body prior to submission to voters. If Governing body fails to pass substantially the same ordinance within 20 days then vote goes to municipal electors. (N.J.S.A. 40:69A-191)Initiatives: If at least 15% signed petition: submitted at the next general or regular municipal election occurring 40 days or more after the final date for withdrawal; if no general election within 90 days the council shall provide for a special election to be held after 40 but within 60 days from final date for withdrawal. If at least 10% but less than 15% signed petition: the ordinance shall be submitted at the next general or regular municipal election occurring not less than 40 days after the final date of withdrawal. Referendum elections occur at the next general election not less than 40 days after the final date of withdrawal. (N.J.S.A. 40:69A-192) Governing body of municipality.Simple majority. (N.J.S.A. 40:69A-196)In addition to these two types of municipal government which allow for municipal I&r there are also special charter cities in the State of New Jersey. Also, there is a statewide pension system that municipalities are allowed to participate in. Municipalities with a population of 400,000 or more are required to participate, however there are no municipalities at present with populations over 300,000 let alone 400,000 people.New Jersey
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Commission CitiesInitiative: restricted from initiating zoning ordinances. (N.J.S.A. 40:55D-62 b.) Referendum restricted from referring: zoning ordinances; ordinances fixing the salaries of municipal employees; ordinances which authorize an improvement or incurring indebtedness other than current expenses; ordinances which to be effective in the municipality must be submitted to the voters, or which authorize a referendum concerning the subject matter thereof. (N.J.S.A. 40:74-5)No process for approval. Law only applies once petition has been submitted. However there must be a committee of 5 electors who at the time of submission register as the Committee of the Petitioners.Initiative: either 15% or less that 15% but greater than 10% of total votes cast in last election of General Assembly. (N.J.S.A.40:74-14.) Referendum: 15% of total votes cast in last election of General Assembly. (N.J.S.A. 40:74-5)Referendum: 20 days passing of ordinance. (N.J.S.A. 40:74-5)Qualified elector of municipality.Must contain signature and address of voters as well as the names and addresses of five voters, designated as the Committee of the Petitioners. (N.J.S.A. (40:74-10 and -11) One of the signers of each paper shall make an oath before an municipal officer declaring signatures to be valid. (N.J.S.A. 40:74-11)Municipal Clerk. (N.J.S.A. 40:74-10)Indirect: submitted to municipal governing body prior to submission to voters. If Governing body fails to pass substantially the same ordinance within 20 days and the petition has request to be put before the electors then vote goes to municipal electors. (N.J.S.A. 40:74-14)Initiatives: If at least 15% signed petition: submitted at the next general or regular municipal election occurring 40 days or more after the final date for withdrawal; if no general election within 90 days the council shall provide for a special election to be held after 40 but within 60 days from final date for withdrawal. If at least 10% but less than 15% signed petition: the ordinance shall be submitted at the next general or regular municipal election occurring not less than 40 days after the final date of withdrawal. (N.J.S.A. 40:74-14) Referendum: next general election after 40 days from the final date for withdrawal of the petition, unless no such election is to be held within 90 days of that date, a special municipal election shall be called after 40 but within 60 days from the final date for withdrawal. (N.J.S.A. 40-74-5)Governing body of municipality.Simple majority. (N.J.S.A. 40:74-18)
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New MexicoCommission-Manager CitiesMust submit to municipal clerk for form pre-approval (N.M. Stat 3-1-5). Submit petition with signatures to municipal clerk for signature certification, has 10 days to certify (N.M. Stat 3-1-5). Commission may pass ordinance within 30 days, or call for a special election to be held within 90 days thereafter. (N.M. Stat 3-4-18)more than 20% of the average number of voters who voted at the previous four regular municipal elections or more than 20% of the number of voters who voted at the previous regular municipal election, whichever is the greater (NM Stat 3-4-18)sigs. may not span a period of time greater than sixty days from the date of the earliest signature on the petition, and the petition shall be filed within sixty-five days from the date of the earliest signature on the petition. (N.M. Stat 3-1-5)Governed by N.M. Stat. 3-1-5(C) (heading, date/printed name/address/signature, warning)Municipal Clerk (N.M. Stat. 3-1-5)Indirect; commission has 30 days to pass or propose competing alternative to be placed on ballot (N.M. Stat 3-14-18)If commission fails to act, acts adversely, or proposes alternative, election shall be held within 90 days (N.M. Stat 3-14-18)CommissionMajority (N.M. Stat 3-14-18)General law municipalities: 1)mayor-council has petition process for limited matters, authorized by law (http://nmml.org/wp-content/uploads/Questions-That-May-Be-Placed-on-the-Ballot-in-MayorCouncil-Municipalities-That-Are-Not-Home-Rule.pdf) 2) commision-manager form of govt. has initiative and referendum process in NM Stat. 3-14-17, 18. Charters can be amended through I&R (NM Stat. 3-15-16). Charters may adopt I&R for ordinances (NM Stat. 3-15-7). Generally, any authorized petition must comply with NM Stat. 3-1-5.New Mexico
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North DakotaCommission and modern Council cities. (ND Century Code 40-12-01) NoneNo process for approval. Law only applies once petition has been submitted.Initiatives: 15% of the votes cast by qualified electors for all candidates for the executive officer at the preceding regular municipal election. Referendums: 10%. (ND Century Code 40-12-02 and 40-12-08) If signed by 25%, pass the ordinance without change within twenty days after the filing of the petition or submit to next general election, if the election occurs not more than thirty days after certificate of sufficiency, and if no general municipal election is to be held within thirty days after certificate of sufficiency, it shall call a special election. (ND Century Code 40-12-06)Referendum: within 10 days of ordinance going into effect. (ND Century Code 40-12-08)NoneNoneEach petition, in addition to the names of the petitioners, must contain the name of the street upon,
and the number of the house in, which each petitioner resides. (ND Century Code 40-12-03)
Petition must be accompanied by affidavit of at least 1 qualified elector of the city stating that signers were qualified electors of the city at the time of signing and the number of signers upon the petition at the time when the affidavit was made. (ND Century Code 40-12-03) 1 Elector must also take an oath declaring the validity of the signatures. (ND Century Code 40-12-04)AllowedThe city auditor. (Nd Century Code 40-12-02)Indirect, but cannot change petitionSpecial election, unless a general city election is fixed within ninety days; if 25%, pass the ordinance without change within twenty days after the filing of the petition or submit the initiated ordinance at the next general municipal election, as long as: election occurs not more than thirty days after certificate of sufficiency and no general municipal election is to be held within 30 days after certificate of sufficiency, it shall call a special election. (ND Century Code 40-12-06)
The governing body of the municipalitySimple majority. (ND Century Code 40-12-07)North Dakota
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Ohio*Municipalities (and townships if they adopt home rule) [See State's w/o statewide provisions for information on Counties]Not in conflict with general laws (Constitution §18.3)
State legislature can not pass retroactive laws, or laws impairing the obligation of contracts (Constitution §2.28) - unclear if this would affect local governments
Single subject rule found at the state level (§3519.01), but no information found regarding the local level.
Certified copy must be filed with city auditor or village clerk before circulating (ORC §731.32)
Committees of 3 or more may be designated and regarded as filing the petition (ORC §731.34)
Initiatives: 10% of the number of voters who voted for governor in the municipality in the most recent election. (ORC§731.28)
Referendums: Same as initiatives (ORC§731.29)
Townships (w/limited home rule): 10% rule, but within unincorporated area of township. (ORC §504.14)
no defined limit foundReferendums: Must be filed within 30 days ordinance/measure being passed by the council (ORC §731.29)Residency requirement as described in ORC §3503.06, however it was ruled unconstitutional by a federal court in 2008. Must submit itemized statement per ORC Sec. 731.35Initiative: "A full and correct copy of the title and text of the proposed ordinance or other measure" included
Referendum: "The number and a full and correct copy of the title of the ordinance or other
measure sought to be referred" included (ORC §731.31)
Printed in red at top: "NOTICE. Whoever knowingly signs this petition more than once, signs a name other than his own, or signs when not a legal voter is liable to prosecution." (ORC §731.33)
Other notes on signing described in (ORC §3501.38)
Each petition paper must be notarized by the circulator - specifics to notarizing in ORC§3501.38 (ORC §731.31 & §3501.38)No. Circulators must testify to witnessing the signatures (ORC §3501.38)City auditor or village clerk (ORC §731.28 - 29)
Township fiscal officer (ORC §504.14)
DirectSubmitted at the next general election occurring 90 days after clerk/auditor certifies and submits to board of elections (ORC §731.28 - 29)board of electionsMajority required (ORC §731.28 - 29)* (Financial) disclosure requirements in ORC §731.35
* Prohibited practices in ORC §731.36, 38 & 39
* Rules do not apply at all to municipalities that adopt their own ordinances (ORC §731.41)
* Townships with limited home rule follow the same rules except as other stated in (ORC §504.14)
* Other special provisions relating to: Township motor vehicle license tax (ORC §4504.18), Tax rate changes over continuing periods of time (ORC §5705.261) 
Ohio
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OklahomaMunicipalititesRestricted to legislative matters regarding the municipality. (Oklahoma Statutes §11-15-101) A true copy of each measure proposed must be filed with city clerk prior to circulation. (Oklahoma Statutes §11-15-103a) I&R: 25% of the total number of votes cast at the next preceding election. (Oklahoma Constitution Section XVIII-4b and Oklahoma Statutes §11-15-103b)Initiative: within 90 days after filing with clerk. Referendum: within 30 days after passage of ordinance or resolution. (Oklahoma Statutes §11-15-103c)Must be a qualified elector in the state of Oklahoma. (Oklahoma Statutes 34-3.1)"The form of the petition for either initiative or referendum in a municipality shall be substantially as provided in Sections 1 and 2 of Title 34 of the Oklahoma Statutes." (Oklahoma Statutes §11-15-103a) Each sheet with signatures must be verified by circulator using form found in Oklahoma Statutes §34-6. City clerkIndirect: clerk publishes notice of measure in paper; any voter can object within 10 days; review of ballot title by municipal clerk and attorney; elector can protest ballot title within 10 days; district court determines validity of title; submitted to mayor who presents to municipal governing body. (Oklahoma Statutes §11-15-106, §11-15-107)Should governing body not grant petition more than 30 days before the next general municipal election (or biennial or special town meeting), then the mayor submits the ordinance to voters at next general municipal election (or biennial or special town meeting). (IOk. Const. XVIII-4(c); Oklahoma Statutes §11-15-108, §11-15-109)Municipal governing body.Simple majority. (Okla. Const. XVIII-4(c); Oklahoma Statutes §11-15-110) Procedure for Charter Amendments
Amendments to a municipal charter may be proposed by:
1. An initiative petition, signed by a number of the registered voters residing in the municipality equal to at least twenty-five percent (25%) of the total number of votes cast at the preceding general election. Charter amendments proposed by initiative petition shall be governed in all respects by the provisions of Sections 15-101 through 15-110 of this title; or
2. A resolution of the municipal governing body. (Oklahoma Statutes §11 13 111)
Oklahoma
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OregonDefault process for general law and charter cities (some cities change the % of sigs required or filing deadlines)Single subject. Limited to "municipal legislation" per Constitution, thus I&R not available if court determines is "administrative matter" (Oregon Const. Art. IV). Prospective petition filed with city elections officer prior to circulation (O.R.S. §250.265). Has five business days to approve/reject format; determination may be judicially appealed (§250.270). Initiative: 15% of the electors registered in the city at the time the prospective petition is filed. Referendum: 10% (O.R.S. § 250.305).Referendum: filed w/in 30 days of adoption of the measure to be referred (§250.305). Initiative: 2 years from petition approval (O.R.S. §250.265).Initiative: not less than 90 days before election at which to be voted on (O.R.S. §250.265).May be paid, but not per signature (Oregon Const. Art. IV, Section 1b).Governed by O.R.S. §250.265. Max of 20 signatures per page.Circulator certification of each signature page (O.R.S. § 250.265).City elections officer (O.R.S. §250. 315).Indirect; City elections officer certifies, files with city governing body at next meeting (O.R.S. §250. 325).City governing body, within 30 days, may adopt or reject. If do not adopt shall submit to electors on next available election, not less than 90 days from original filing (O.R.S. §250.325).city governing bodymajority (Oregon Const. Article IV, Section 1(4d)).Cities may alter this process through ordinances (Oregon Const. Article IV, Section 1(5); O.R.S. 250.255). Charter cities: I&R available for amendments and ordinances (ORS Section 221.210). State statutes re: public pension plans found in O.R.S. Title 22 (Chapters 236-245); contains some minimum protections for local plans (e.g. police/firefighters benefit increases 237.635).Oregon
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Countiessingle subject (Oregon Const. Art. IV, Section 1(2d)).Prospective petition filed with county clerk prior to circulation (O.R.S. §250.165). Has five business days to approve/reject format; determination may be judicially appealed (§250.168). Initiative 6% of total # of votes cast in county for all Governor candidates at last election. Referendum: 4% (O.R.S. §250.205).Referendum: filed w/in 90 days of passage of law to be referred (O.R.S. §250.205). Initiative: 2 years from petition approval (O.R.S. §250.165).Initiative: not less than 90 days before election at which to be voted on (O.R.S. §250.165).May be paid, but not per signature (Oregon Const. Art. IV, Section 1b).Governed by O.R.S. §250.165. Max of 20 signatures per page.Circulator certification of each signature page (O.R.S. § 250.165).County clerk (O.R.S. §250.215).Direct (O.R.S. §250.221).Placed on ballot in next available election, not less than 90 days from original filing. (O.R.S. §250.221).automatically in next electionmajority (Oregon Const. Article IV, Section 1(4d)).
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PennsylvaniaThird-class citiesSeveral restrictions. The most restrictive is, "Ordinances for the preservation of the public peace, health, morals, safety, and in the exercise of the police powers of the city government, and for the prevention and abatement of nuisances;" Other can be found here: http://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1931/0/0317.010..HTM [Third Class City Code, Article X, Sections 1030 & 1050]If at least 100 voters request that the city clerk prepare an initiative petition, the city clerk must prepare the petition form and publish a notice alerting residents to the petition. The requests must be in writing, directed to the clerk, and include a copy of the proposal. The petition, once drafted, may be signed over a period of 15 day and may only be signed in the city clerk’s office. Signers must make an oath affirming that they are a qualified elector. [Third Class City Code, Article X, (b), Sections 1031 & 1032]The petition must contain signatures equal to 20% of the last vote for mayor. [Third Class City Code, Article X, (b), Section 1033]15 days [Third Class City Code, Article X, (b), Section 1033]NoneThe petition is not circulated; it is kept for signing in the office of the city clerk. [Third Class City Code, Article X, (b), Section 1032]Petition created by city clerk. [Third Class City Code, Article X, (b), Section 1032] No, but each signer must make an oath before the city clerk affirming his or her eligibility to sign. [Third Class City Code, Article X, (b), Section 1032]City clerk (The signatures are not turned in, per se, since the clerk actually collects them. However, to request a petition, residents must contact the city clerk.) [Third Class City Code, Article X, (b), Sections 1031 & 1032]
IndirectIf the city council fails to pass the bill it must call special election concurrent with the next election at least ninety days away. [Third Class City Code, Article X, (b), Sections 1034 & 1035]city councilmajority [Third Class City Code, Article X, (b), Section 1037]The local council may not repeal an initiated ordinance for 2 years. This applies to proposals approved by the council prior to a referendum vote. The council may refer a repeal measure to the ballot. [Third Class City Code, Article X, (b), Sections 1038 & 1040] Also, no ordinance initiative may be re-submitted to voters more that once in three years. [Third Class City Code, Article X, (b), Section 1039] Pennsylvania
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South CarolinaMunicipalitiesRestricted from initiating ordinances appropriating money or authorizing the levy of taxes. (South Carolina Code of Laws 5-17-10)No process for approval. Law only applies once petition has been submitted. Initiative and Referendum: 15% of the registered voters at the last regular municipal election. (South Carolina Code of Laws 5-17-10, 5-17-20)Referendum: within 60 days of enactment of ordinance. (South Carolina Code of Laws 5-17-10)NoneMunicipal petition appearance unspecified. Appearance of petitions nominating persons for office indicated in South Carolina Code of Laws 7-11-80.None.Initiative: Municipal elections commission. (South Carolina Code 5-17-10) Referendum: Municipal clerk. (South Carolina Code of Laws 5-17-20)IndirectIf council fails to pass ordinance proposed by initiative or passes it in and altered form or if the council fails to repeal ordinance, the ordinance is submitted to the electors after 30 days and within one year from the date the council takes its final vote. The council may provide for a special election. (South Carolina Code of Laws 5-17-30) Municipal Governing Body.Simple majority. (South Carolina Code of Laws 5-15-62)South Carolina
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South DakotaMunicipalitiesOrdinance may not be initiated to nullify bond purposes. (SDCL 9-20-3)No process for approval. Law only applies once petition has been submitted.Initiatives and Referendums: 5% of registered voters in municipality. As determined by county auditor from the master registration file. (SDCL 9-20-1, 9-20-8)Initiative: Within 6 months of first signature. No specific day limit, but collected signatures expire after 6 months. (SDCL 9-20-2) Referendum: within 20 days of publication of ordinance. (SDCL 9-20-6)NoneMust be 18 years of age and resident of state of South Dakota. Signer's residence address, county of voter registration, and date of signing required. The signer's post office box number may be given in lieu of a street address if the signer lives within a municipality of the second or third class.(SDCL 9-20-2, 9-20-8) Any person circulating an initiative or referendum petition shall verify that each person signing the petition is a resident and qualified voter of the municipality. The State Board of Elections shall promulgate rules pursuant to chapter 1-26 prescribing the format for an initiative and referendum petition and its verification. (SDCL 9-20-9) Required from the circulatorAllowedMunicipality finance officerIndirect but cannot be changed by governing body.The election is held at the next annual municipal election or county general election unless the governing body chooses to conduct a special election. The special election date must be set within ten days of the filing of the petition and the election must be on a Tuesday not less than 30 days from the day it was set. (SDCL 9-20-11)Municipal governing body. (SDCL 9-20-11)Simple majority. (SDCL 9-20-5)South Dakota has the distinction of being the first state in the Union to provide for popular initiative and referendum for enacting and rejecting statewide legislation. This was accomplished by constitutional amendment approved in 1898. This same amendment provided for initiative and referendum at the municipal level. This amendment was repealed in 1972 by state statute in 1972.South Dakota
30
UtahMunicipalities and countiesSingle subject, ban on pension change for existing employees under contract impairment clause, though cities can make changes as long as they are to affect new hires.The submission process requires the sponsor to give eligibility information. There is a fiscal analysis process that is very important but no approval necessary.Utah state code 20A-7-501. There is a lot of text. Basically it is a percentage of presidential votes that varies with the total. If in a place where candidates are by district the qualifications must be met in each district.No more than 316 but no later than the April 15 before the next general election. 45 for referendaNo, However Due to the due date of the next April 15th there are some practical restrictions for iniatives.must be 18 years of age and resident of state of Utah20A-7-503.   Gives the form of initiative petitions and signature sheets.   20A-7-504.   Local clerk to provide sponsors with materials for them to make copies of.nono, must be signed before the circulatorLocal clerkIndirect but the original measure gets submitted to voters whether the legislature accepts it or not. The legislature can adopt a competing law and offer it to voters as well. If two competing measures are on the ballot the one with the greatest number of affirmative votes is the one made effective.Next general election Unless there is a resolution to have a special election by the legislaturelegislaturesimple majorityThe fiscal estimate is crucial. Before the bill is circulated there is a fiscal analysis that states how much the proposed iniative will cost. After the bill passes there is a final analysis. If the second one exceeds the first by 25% than the legislature can scrap the bill then and there. Also petitioners have to make all petition packets that they will use at the beginning of the drive before collecting signatures so that the packets can be numbered
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WashingtonCommission CitiesNo pre-approval process in statutes. File with Commission (Wash. Rev. Code 35.17.260). Commission gives to city clerk (35.17.280) and County Auditor (35.21.005) for certification. 10 days to determine sufficiency. If insufficient, petitioners have 10 days to amend (Wash. Rev. Code 35.17.280)25% of votes cast for all candidates for mayor at the last city election (Wash. Rev. Code 35.17.260).Signatures followed by a date of signing which is more than 6 months prior to the date of filing of the petition shall be stricken. (Wash. Rev. Code 35.21.005(8).Referendum: 30 day window after passage (Wash. Rev. Code 35.17.230).not in statuteGoverned by Wash. Rev. Code 35.21.005not in statuteCommission (Wash. Rev. Code 35.17.260). Commission gives to city clerk (35.17.280) and County Auditor (35.21.005) for certificationIndirect; Commission may pass without alteration within 20 days of certification (Wash. Rev. Code 35.17.260(1)).Next general election if within 90 days, otherwise special election not less than 45 days thereafter (Wash. Rev. Code 35.17.260(2)).Commission (Wash. Rev. Code 35.17.260)majority (Wash. Rev. Code 35.17.330, Wash. Rev. Code 35.17.240)Availability of I&R depends on form of government and optional adoptions. Commission cities have set I&R process ( RCW Chapter 25.17). Charters can be amended through I&R (RCW 35.22.120). Optional municipal code (for charter code cities or noncharter code cities) contains I&R provisions (generally- RCW 35A.29.170, noncharter I&R authority-35A.11.080, charter amend- 35A.09.020). Washington
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Noncharter Code CitiesIf code city has adopted then, apart from different signature requirement, process to follow that for commission cities in 35.17.240 to 360 (Wash. Rev. Code 35A.11.100).15% of the total number of names of persons listed as registered voters within the city on the day of the last preceding city general election (Wash. Rev. Code 35A.11.100)Signatures followed by a date of signing which is more than 6 months prior to the date of filing of the petition shall be stricken. (RCW 35A.01.040(8))Governed by Wash. Rev. Code 35A.01.040
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WisconsinCities and villages (for regular ordinances or charter ordinances through home rule powers)Limited: An ordinance initiated under Wis. Stat. § 9.20: 1) must be legislative as opposed to administrative or executive in nature; 2) cannot repeal (or conflict with) an existing ordinance; 3) may not exceed the legislative powers conferred upon the governing municipal body; and 4) may not modify statutorily prescribed procedures or standards (which includes zoning). (Heitman, 226 Wis. 2d at 548-49). Wis. Stat. Chap. 40, Subtitle II contains WI Retirement SystemNo pre-approval process in statute. Submit/file with city or village clerk with required signatures. (Wis. Stat. § 9.20).15% of votes cast for governor in city or village in last election (Wis. Stat. § 9.20).signatures valid for 60 days (Wis. Stat. § 9.20).must be filed no later than 70 days prior to election (Wis. Stat § 8.37)WI Resident or if not a qualified elector of this state, that the circulator is a U.S. citizen age 18 or older who, if he or she were a resident of this state, would not be disqualified from voting under s. 6.03 (Wis. Stat. § 8.40).Governed by Wis. Stat. § 8.40circulator certification on each signature page (Wis. Stat. § 8.40).City or village clerk. Has 15 days to determine sufficiency. If insufficiency or improper form, sponsor has 10 days to amend. (Wis. Stat. § 9.20).Indirect; Clerk forwards to common council or village board; has 30 days to pass w/o alteration (Wis. Stat. § 9.20).Or submit to electors at next spring or general election, if the election is > 6 weeks after the date of council/board's action on the petition or the expiration of the 30-day period, whichever first occurs. If there are 6 weeks or less before the election, the ordinance or resolution shall be voted on at next election thereafter. The council/board by a 3/4 vote of the members-elect may order a special election at any time prior to the next election, but not more than one special election for direct legislation may be ordered in any 6-month period (Wis. Stat. § 9.20).common council or village board (Wis. Stat. § 9.20).majority (Wis. Stat. § 9.20(7)).potential initiative subject matter limited by courts; cities and villages in general have Constitutional home rule powers, can use Sec. 9.20 for regular ordinances or charter ordinancesWisconsin
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WyomingIncorporated cities and towns having commission form of government. (Wyoming Statutes 22-23-1001)Municipal pensions controlled by the Board of the statewide Wyoming Retirement System. (Wyoming Statutes 9-3-402w)No process for approval. Law only applies once petition has been submitted.Initiative and Referendum: 10% of the qualified electors registered in the city or town. (Wyoming Statutes 22-23-1001, 22-23-1005)Initiative: 10 months from date of first signature. (Wyoming Statutes 22-23-1001) Referendum: within 20 days of publication of ordinance. (Wyoming Statutes 22-23-1005)Not specifically for municipal petition circulators. State petition circulators must be 18, citizens of the U.S. and residents of Wyoming. (Wyoming Statutes 22-24-107)The petition shall contain the proposed or sought to be repealed ordinance, the signatures and residence addresses of electors signing the petition, and the date of signing the petition. (Wyoming Statutes 22-23-1001)None required.Municipal Clerk (Wyoming Statutes 22-23-1001)IndirectInitiative or referendum is either be adopted within 20 days by the governing body or submitted to a vote of the electors at a special election to be held after 20 but within 60 days of rejection by governing body. May also be submitted at general election if within 70 days or at primary if within 110 days. (Wyoming Statutes 22-23-1003, 22-23-1007)Governing body of municipality.Simple majority. (Wyoming Statutes 22-23-1003)
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States with general law I&R mandates
Statewide Charter amendment provisions
States w/o statewide provisions
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