HIO UNIVERSITY OF CALIFORNIA LOS ANGELES LAW LIBRARY "ISCOXSIN LIBRARY COMMISSTON 5GISLATIVE REFERENCE DEPARTMENT 3MPARATIVE LEGISLATION BULLETIN* No. 4 2- / HE INITIATIVE AND REFERENDUM; STATE LEGISLATION C. H. TALBOT MADISON, WISCONSIN JUNE, 1910 INTRODUCTION The LT. lion throughout the country on the subject of ''Initiative and IJelVrendiim" has br many demands from the people of thi- for our bulletins on this subject. This bulletin lias been out of print for some time and \ve h, ied it d and brought up to tlie incT'casinLT demand. Tin; ivork i .Mr. 0. H. Taibot, CJIAKI.KS MCCARTHY Chief Legislative It I )(//>/ a \\'i Library ' : <>n THE INITIATIVE AND REFERENDUM: STATE LEGISLATION C. H. TALBOT COMPARATIVE LEGISLATION BULLETIN No. A-JuNE. 1910 Prepared with the co-operation of the Political Science Department of the University of Wisconsin WISCONSIN LIBRARY COMMISSION LEGISLATIVE REFERENCE DEP'T MADISON Wis 1910 CONTENTS Pare REFERENCES 3 HISTORY 7 Early uses of direct legislation 8 Local legislation 8 The state- wide initiative and referendum 8 The right to instruct 9 The reference of acts by legislatures 9 Special constitutional provisions 11 Recent constitutional amendments 12 Advisory systems 13 Validity of the initiative and referendum 13 LAWS AND JUDICIAL DECISIONS 16 Foreign countries Iti United States 19 SUMMARY 35 I. Scope of Direct State Legislation 35 Constitutional law 35 Statutory law 30 Public opinion laws ; 37 Partypolicy laws 37 II. Limitations on the Resubmission of Measures 3," III. Procedure for Initiative Petitions 38 Publicity 38 Completion of petition 38 Transmission of measures to legislature 3! Provision for competing bills 40 Reference of initiative measures and of competing bills 40 IV. Procedure for Reference of Measures 41 Reference by petition 41 Reference by legislative action 41 Duty of officials 41 V. Enactment of Referred Measures 42 Elections for submission of measures 42 Veto power 42 When operative 42 VI. Penalties.... 43 be filed not more than ninety days after the final ad- journment of the legislative session. The veto power of the governor does not extend to measures referred to the people. A referred measure becomes a law when approved by a majority of the votes cast there- on. Laws, 1909, pp. 554-6. This act establishes the procedure to facilitate the operation of the initiative and referendum provisions of the constitution. It specifically provides for the form of initiative and referendum petitions ; the verification of signatures ; judicial proceedings; the duties of officials relating to petitions ; the manner of voting on measures ; what measure shall be paramount in case of conflict ; the canvass and returns of votes on measures, and for proclamations on paramount measures ; and the pen- alties for violation of this act. Montana. Const. (Amend. 1906) art. 5, sec. 1. Direct legislation is established for statutory, but not for constitutional law. Certain specific exemptions are also made for statutory law. The referendum may not be invoked for emergency measures. Initiative petitions require S>% of the legal voters from two-fifths of the whole .number of counties of the state. They must include the full text of the measure proposed, and must be filed not less than four months before the election' at which they are 1 to be voted upon. Referendum petitions require 5% of the voters from each of two-fifths of the counties and they must be filed not later than six months after the final adjourn- 24 THE INITIATIVE AND REFERENDUM ment of the legislative session. The legislative as- sembly may also refer any act. Any measure referred to the people is to remain ii full force and effect unless the referendum petition is signed by 15% of the legal voters of a majority of the whole number of the counties of the' state, in which case, the law remains inoperative until it is passed upon at an election and the result has been determined as provided by law. The veto power of the governor does not extend to measures referred to the people. Rev. Codes, 1907, vol. 1, part III, title I, c. II, art. X., sees. 106-115, (Laws, 1907, c. 62). This law es- tablishes the procedure for carrying the direct legis- lation provisions of the constitution into effect. It definitely sets forth the requirements as to the form of petitions ; the verification of signatures ; the duties of officials in submitting petitions ; the publication and distribution of the title and text of measures and of arguments ; the manner of conducting the elections and of canvassing the vote ; and the proclamation of the governor declaring the' enactment of the approved measures. Provision is made for the official distribution of the text of measures to all the electors in the state. In addition, arguments for or against any proposed meas- ures may be supplied at the expense of the parties interested ; and such arguments when printed in pam- phlet form of specified size and style, will be mailed by the state bound in with the official copy of the measure to each voter. Parties filing initiative petitions may supply argu- THE INITIATIVE AND REFERENDUM 25 ments for and opposing parties may supply arguments against the measures proposed. In the case 1 of refer- endums, any person may supply arguments for or against the referred measures ; but the secretary of state is not obliged to receive any pamphlets for dis- tribution unless a sufficient number is furnished to supply one to every legal voter in the state. Xcrada. Const. (Amend., 1904) art. 19, sees. 1 and 2. A referendum may be ordered on petition of 10% of the voters. When a majority of the electors voting at a state election by their votes signify ap- proval of a law or resolution, such law or resolution stands as the law of the state, and cannot be over- ruled, annulled, set aside, suspended, or in any way made inoperative except by the direct vote of the people. When such majority so signifies disapproval the measure is void and of -no effect. Statutes, 1908-9, c. 188. This law provides the procedure for submitting acts of the legislature to a vote of the people in accordance with the referendum provisions of the constitution. Petitions must be filed with the secretary of state not less than four months before the general election. The act provides for the verification of signatures ; the duty of officials in sub- mitting the question ; and the counting and canvassing of the votes cast tht'reon. (Proposed Const. Amend.) Statutes of Nev. 1908- 9, Resolution Xo. XVI, part 347-349. The initiative and referendum power is reserved to the people 1 , and applies to laws and constitutional amendments. Initiative petitions require 10% of the qualified elec 26 THE INITIATIVE AND REFERENDUM tors and must be filed with the secretary of state not less than thirty days before any regular session of the legislature. The secretary of state transmits the same to the legislature as soon as it convenes and organizes. Such measures take precedence of all measures of the legislature except appropriation bills, and must be enacted or rejected without change or amendment within forty days. If it is enacted by the legislature and approved by the governor it becomes a law, but is subject to referendum petition. If it is rejected by the legislature, or if no action is taken thereon within forty days, the secretary of state must submit the same- to the voters for approval or rejection at the next general election; and if a ma- jority of the votes casJ/thereon approve of it, it be- comes a law and takes effect from the date of the official declaration of the vote. An initiative measure so approved by the voters cannot be annulled, set aside or appealed by the legislature within three years. If the legislature rejects an initiative measure, it may, with the approval of the governor, propose a different measure on the same subject, in which event both measures must be submitted to the voters at the next general election. If the conflicting measures sub- mitted shall both be approved by a majority of the votes severally cast for and against each of them the 1 measure receiving the highest number of affirmative votes thereupon becomes a law as to all conflicting provisions. This amendment is self-executing but legislation may be enacted especially to facilitate its operation. THE INITIATIVE AND REFERENDUM 27 Oklahoma. Const. 1907, art. 5, sees. 1-4, 6-8, and art. 24, sec. 3. The initiative and referendum apply to constitutional and to statutory law. Emergency measures are exempt from the referendum provisions. Legislative measures may be proposed by 8%, and amendments to the constitution by 15 % of the legal voters. Initiative petitions must contain the full text of the measure proposed. A referendum may be ordered by 5% of the legal voters. Petitions for referred measures must be filet! not more than ninety days after the final adjournment of the legislature. Petitions and orders for the in- itiative and referendum must be filed with the secre- tary of state and be addressed to the governor who must submit them to the people. Initiative measures require a majority of the votes cast at the election, while only a majority of the votes cast on a referred measure are necessary to give it ef- fect. The referendum may be demanded by the peo- ple 1 against one or more items, sections, or parts of any act of the legislature. The legislature may refer any act to a vote of the people. The veto power of the governor doe's not extend to measures voted on by the people. The explicit statement is also inserted that "the reservation of the powers of the initiative 1 and refer- endum shall not deprive the legislature of the right to repeal any law, or propose or pass any measure which may be 1 consistent with the constitution of the state and the constitution of the United States." 28 THE INITIATIVE AND REFERENDUM In the light of the experience of older states that have adopted direct legislation in state affairs, this statement seems superfluous. The provisions of the state constitutions which reserve direct legislative power to the people do not contemplate the restriction of initiative power in the legisla- ture; the power constitutionally delegated to representatives to initiate measures or to repeal laws still remains. Th people merely reserve the right to prdpose measures and to enact or reject either initiative or legislative measures inde- pendent of the legislative assembly. For a discussion of this point, see Kadderly v. Portland, 44 Or. 118 (1903). Gen. Stats., 1908, c. 36, (Laws, 1907-8, c. 44). This act carries into effect the initiative and referendum powers of the above constitutional provisions. It pre- scribes the forms of initiative and referendum peti- tions, and provides for the verification of signatures. Provisions are made for judicial proceedings; the wording of the ballot ; title of the measure ; proclama- tion by the governor giving the substance of the meas- ure and the date of the referendum vote thereon ; the publication and distribution to all the voters of the state of a pamphlet containing the text of the measures to be voted upon and arguments for and against the same 1 ; resubmission for a measure receiving the great- est number of votes, if it has received more than one-third of the votes cast for and against both bills, in the case of competing measures both of which were defeated ; the canvass and return of votes and proclamation by the governor in the case of the adoption of conflicting measures ; and penalties for violation of this act. The procedure prescribed is not mandatory, but if substantially followed is sufficient. The publication and distribution of the text of pro- THE INITIATIVE AND REFERENDUM 29 posed measures and of arguments favoring or oppos- ing them is as follows : Arguments shall be prepared for and against each measure to be submitted to a vote of the people of the state, the length of arguments not to exceed 2,000 words for each side, of which one- fourth may be 1 in answer to opponents' arguments. For one side the arguments shall be prepared by a joint committee of the house and senate, and for the other by a committee representing the petitioners. When the legislature submits a competing bill the argument against it is prepared by the committee that prepared the affirmative for the opposing bill. Where the legislature submits any other question the argument for the negative is prepared by a commit- tee representing the members in the legislature who voted against the substance of the. measure. The first part of each argument must be completed not later than two weeks after the governor's announce- ment of the submission of the measure. Twenty-five copies must be filed with the secretary of state 1 who must at once deliver twenty-three copies to the chair- man of the opposing committee. Each committee must file its answer within two weeks. In no case, however, shall the time be so great as to bring the completion of the argument nearer than 100 days be- fore any regular election, or 40 days before any spe- cial election, at which the measure is to be voted upon. Where the time for preparing the arguments is less than four weeks, it is divided equally between the two parties. Before the primary election held prior to the general 30 THE INITIATIVE AND REFERENDUM election the secretary of state must forward to the county clerk pamphlets containing copies of the meas- ures, arguments, official ballot, (and a table of con- tents) in sufficient numbers to supply all the voters in all the counties of the state and an additional num- ber equal to ten per cent of such number of voters. At the time of furnishing the primary election sup- plies, each county clerk must furnish each election inspector his quota for each precinct wherein a pri- mary is to be held, and it is made the duty of the in- spector to furnish every voter a copy of the pamphlet on the day of the primary flection. All copies re- maining, must be preserved by the inspector and be by him distributed to electors who are unsupplied with same. Provisions is also made for the distri- bution of pamphlets before a special referendum elec- tion. Oregon. Const. (Amend., 1902) art. 4, sec. 1. The initiative and referendum apply to constitutional and to statutory law, but the referendum may not be invoked upon emergency measures. Every initiative petition must contain the full text of the measure proposed, must be signed by at least 8% of the legal voters, and must be filed not less than four months before the election at which it is to be voted upon. Referendum petitions must be signed by at least 5% of the voters, and must be filed not more than ninety days after the final adjournment of the legisla- tive assembly. The legislative assembly may order a referendum on any act. The veto power of the THE INITIATIVE AND REFERENDUM 31 governor does not extend to measures referred to the people. Any measure referred to the people becomes a law when it is approved by a majority of the votes cast thereon. "The initiative and referendum amendment does not abol- ish or destroy the republican form of government or substi- tute another in its place. The representative character of the government still remains. The people have simply re- served to themselves a larger share of legislative power. . . . "Under this amendment, it is true, the people may exercise a legislative power, and may, in effect, veto bills passed and approved by the legislature and the governor; but the legis- lative and executive departments are not destroyed. . . . Laws proposed and enacted by the people under the initiative laws of the amendment are subject to the same constitutional limitations as other statutes, and may be amended or re- pealed by the legislature at will." Kadderly v. Portland, 44 Or. 118(1903). Laws, 1907, c. 226. This act facilitates the opera- tion of the initiative and referendum powers reserved by the people, regulates elections thereunder, and pro- vides penalties for violations. The law definitely pre- scribes the form of initiative and referendum peti- tions ; the manner of vertifying signatures ; the duties of officials in submitting measures ; the method of canvassing and making returns ; and the declaration of the enactment of approved measures. The 1 following definite provision is made for the publication and distribution of the text of proposed measures and for arguments advocating or opposing the questions submitted : Before any election at which any proposed law or amendment to the constitution is to be submitted to the people, the secretary of state is required to have printed in pamphlet form the text of ;!l> THE INITIATIVE AND REFERENDUM each measure to be submitted, together with the title as it will appear on the official ballot. Parties filing initiative petitions have the right to file any arguments advocating such measures. In the case of referen- dums, any person has the right to file arguments for or against the referred measures. The parties offer- ing arguments for distribution must pay all the ex- pense for paper and printing to supply one copy with every copy of the measure to be printed by the state. The cost of printing, binding, and distributing the measures proposed, and of binding and distributing the arguments, are to be paid by the state as a part of the state printing. Within a specified time before any election at which measures are to be voted upon, the secretary of state is required to transmit copies of each measure together with the arguments submitted, to the voters within the state. See Stevens v. Benson, 50 Or. 269 (1907), and Palmer v. Benson, 50 Or. 277 (1907). South Dakota. Const. (Amend., 1898) art. 3, sec. 1. Under this amendment the people expressly re- serve the right to propose measures which the legisla- ture is required to enact and to submit to a vote of the electors. They also serve the right to require a referendum on any law which the legislature may have enacted, except laws necessary for the immediate preservation of the public peace, health, or safety, and laws for the support of the state government and its existing public institutions. Not more than 5% of the qualified voters are re- quired to invoke either the initiative or the referen- dum. THE INITIATIVE AND REFERENDUM 33 Comp. Laws, 1908, vol. 1, Pol. Code, sees. 21-28. Initiative petitions must contain the substance of the law desired. Referendum petitions must describe 1 the law to be submitted by setting forth the title together with the date of passage and approval; such petitions must be filed within ninety days after the adjourn- ment of the legislature. Initiative or referendum measures approved by a majority of the votes cast thereon become law and are to be in force immediately after the result has been officially determined. The veto power of the executive 1 shall not be exercised as to measures referred to a vote of the people. Peti- tions shall be liberally construed so that the real in- tention of the petitioners may not be defeated by mere technicality. (Laws, 1899, c. 93, as amended by c. 166, Laws, 1907, and c. 43, Laws, 1909). The legislature having declared that an act is an emergency measure, such determination is final, and is conclusive upon the courts. See State ex rel. Lavin et al. v. Bacon et al., 14 S. D. 394 (1901). Texas. Laws, 1905, First called session, c. 11, sec. 140. Under the primary election law, 10% of the voters in any political party may propose policies and secure a direct party vote thereon. Petitions are to be 1 filed with the chairman of the county or pre- cinct executive committee at least five days before the tickets are to be printed and the chairman may re- quire a sworn statement that the names of the ap- plicants are genuine. The number of signatures required for a petition is to be determined by the votes cast for the party nominee for governor at the preceding election. It )U THE INITIATIVE AND REFERENDUM is the duty of , the chairman to submit any proposition for which a petition is filed, and the delegates selected at that time are to be considered instructed for which- ever proposition a majority of the votes is cast. Utah. Const. (Amend., 1900), art. 6, sees. 1 and 22. This amendment provides for direct legislation, but the amendment is not self-executing, and five suc- cessive legislatures have refused to put it in force. THE INITIATIVE AND REFERENDUM 35 SUMMARY The leading provisions relating to direct state legis- lation may be summarized under six main headings, as follows: (I) the scope of direct legislation, (II) limitations on the re-submission of measures, (III) procedure for initiative petitions, (IV) procedure for reference of measures. (V) enactment of referred measures, and (VI) penalties. I. SCOPE OF DIRECT LEGISLATION In the United States direct legislation has been ap- plied to constitutional and to statutory law ; it has also been employed to obtain expressions of public opinion on state affairs, and to secure instructions as to party policy within the political parties. Constitutional law The constitutional amendments for direct legislation in state affairs apply generally to constitutional law. Exceptions. Some of the states exempt constitu- tional amendments from the operation of the initia- tive. See Mont. Const. (Amend. 1906), art. 5, sec. l;-Me. (Amend. 1908) Resolves, 1907, c. 121, pp. 1476-1481. 36 THE INITIATIVE AXD REFERENDUM Statutory law As regards statutory law, some of the amendments provide for specific exceptions to the use of direct legislation, and nearly all provide for emergency measures. Exceptions. The specific exceptions generally re- late to appropriations for the current expenses of the state government, for the maintenance of the state in- stitutions, and for the support of the public schools. Compare the provisions of Me., Mo., Mont., and S. D. Emergency measures. Laws necessary for the im- mediate preservation of the public peace, health, or safety, are generally exempt from the operation of the referendum. See Ark. (Proposed Const. Amend.), acts, 1909, pp. 1238-40: Me. (Amend. 1908), Resolves, 1907, c. 121; Mo. (Amend. 1908), Laws, 1907, p. 452-3; Mont. Const. (Amend. 1906) art. 5, sec. 1; Okla. Const. 1907, art. 5, sec. 2; Ore. Const. (Amend. 1902) art. 4, sec. 1; S. D. Const. (Amend. 1898) art. 3. sec. 1. A safeguard against the undue use of emergency measures is provided in some cases by requiring the declaration of the emergency and a two>-thirds major- ity of all the members elected to each house, for the passage of such bills. See the provisions of the Me. Amendment. A further safeguard against the abuse of the emer- gency clause by the legislature is secured by an enum- eration of laws which may not be enacted as emer- gency measures. Thus, the proposed amendment for Maine provides that an emergency bill shall not include (1) the infringement of the right of home rule for municipalities; (2) a franchise or a license to a corporation or an individual to extend longer than THE INITIATIVE AND REFERENDUM 37 one year; or (3) provision for the sale or purchase or renting for more than five years of real estate. The courts have uniformly held that the question as to whether a law is necessary for the immediate pres- ervation of the public peace, health, or safety, is for the legislature to decide and is not subject to judicial review. See State v. Bacon, 14 S. D. 394 (1901); and Kadderly v.. Portland, 44 Ore. 118, 146-51 (1903). Public opinion laws Public opinion system. Under public opinion laws pressure may be brought to bear upon legislators in the enactment of law. See 111. Rev. Stats., 1905, c. 46, sees. 428-9, p. 967 (Laws, 1901, p. 198). Advisory system. The advisory system goes farther- in the same direction and instructs representatives as to legislative action. Party policy laws Advisory system -within the parties. The use of the advisory system within the parties at primary elections enables the voters in any political party to propose policies and secure a direct party vote thereon. See Tex. Laws, 1905, First called sessions, c. 11, sec. 140. II. LIMITATIONS ON THE RESUBMISSION OF MEASURES The possible abuse of direct legislation through a frequent resubmission of defeated propositions, is pro- vided against in one instance. In Okla. Const. 1907, art. 5, sec. 6, any measure rejected by the people cannot be again proposed by the initiative within- three years by less than 25% of the legal voters. 38 THE INITIATIVE AND REFERENDUM 3 111. PROCEDURE FOR INITIATIVE PETITIONS The procedure for initiative measures varies in the several states. Differences exist in the requirements for publicity, the completion of the petition, the trans- mission of measures to the legislature, the provision for competing bills, and the reference of initiative and of conflicting measures. Publicity Publicity is secured through the publication of the text of initiative measures and the distribution of ar- guments for and against proposed bills. Publication of tc.vt of measure. Most of the states require the publication" of the' full text of initiative and referendum measures. Compare the provisions for Mont., Nov., Okla., and Ore. Distribution of arguments. A number of states also make provision for the distribution of arguments. For elaborate provisions for the distribution of arguments for and against proposed measures, see Mont. Rev. Codes, 1907, vol. 1, part iii., title 1, c. 2, art. x., sees. 106-115 (Laws, 1907, c. 62); Okla. Gen. Stats., 1908, c. 36 (Laws, 1907, c. 44); and Ore. Laws, 1907, c. 226. Completion of petition The percentage of voters required to sign petitions, the basis of the percentage, the verification of signa- tures, and the method of filing petitions, vary consid- erably with the different states. Percentage of voters. The percentage ranges from 5% to 15%. The percentages for the different states are as follows: 8 per cent for Ark., Mo., Mont., Okla., and Ore.; 5 per cent for THE INITIATIVE AXD REFERENDUM 39 S. D.. and 10 per cent for Nev. In Mo. 8 per cent of the legal votes in each of at least two-thirds of the congressional dis- tricts is required; and in Mont., 8 per cent in each of two- fifths of the whole number of counties of the state. Oklahoma requires 15 per cent to propose constitutional amendments. Instead of requiring a certain percentage, Me. requires a fixed number of 12,000 signatures for initiative measures. Basis ?>/ percentage. The percentage required is uniformly based upon the vote cast at the last pre- ceding general election. In Ark., Mont., and S. D., the per cent is based on the vote for governor; in Ore., Mo., and Nev., on the vote for justice of the supreme court: and in Okla., on the vote for the state office receiving the highest number of votes. Verification of signatures. The methods for veri- fying signatures are definitely prescribed in the laws enacted to facilitate the operation of the several amendments. See Mo. Laws, 1909, pp. 554-558; Mont. Rev. Codes, 1907, pp. 27-33; Okla. Gen. Stats. 1908, c. 36 (Laws, 1907-8. c. 44); Ore., Laws, 1907, c. 226; and S. D. Pol. Code, 1908, pp. 8-10 (Laws, 1907, c. 62). Filing. Provision is generally made that initiative petitions be filed with the secretary of state. The time for filing varies according to whether the pe- tition is to be presented to the legislature, or is to be voted upon by the people without legislative considera- tion. Time. The time for filing is not less than four months be- fore the election in Ark., Mo., Mont., and Ore.; not less than thirty days before any regular session in Nev. ; and at least thirty days before the close of the session in Me. Transmission of measures to legislature The requirement that all proposed measures be transmitted to the legislature gives opportunity for 40 THE INITIATIVE AND KEFERENDUM public hearings, for testimony, for debate, and for deliberative consideration. Compare the provisions of Me. (Amend. 1908), Resolves 1907, c. 121, and of Nev. (Proposed Const. Amend.) Stats. 1908-9, pp. 347-349. Precedence of initiative measures. Provision is sometimes made that initiative measures tafce preced- ence over all other measures in the' legislature except appropriation bills. See the proposed amendment for Nev. Limitations on legislative action. The provision that the legislature shall enact the measure submitted is a provision found in only one of the states. S. D. Const. (Amend. 1898), art. 3, sec. 1. The proposed Nevada amendment requires that the legisla- ture enact or reject the initiative measure within forty days. Provision for competing bills An important feature in several state's is the pro- vision that the 1 legislature may submit a competing bill if it disapproves of the initiative measure. This affords opportunity for deliberative consideration of conflicting measures, and gives the people a choice between the initiated bill and one submitted by the legislature. This is provided for in Me. and in the proposed Nev. amend- ment. Reference of initative measures and of compet- ing bills Competing bills are to be submitted with initiative measures so that the electors may choose between them or reject both. See Me. (Amend. 1908), Resolves, 1907, c. 121, and Nev. (Proposed Const. Amend.) Stats. 1908-9, pp. 347-9. THE INITIATIVE AND REFERENDUM 41 IV. PROCEDURE FOR REFERENCE OF MEASURES Measures may be referred either by petition or by legislative action. Reference by petition The requirements for reference by petition vary both as to the percentage of voters required and the manner of filing petitions. Percentage of voters. The required percentage ranges from 5% to 10%. The percentages are 5 per cent for Ark., Mo., Mont., Okla., Ore., and 8. D., while Nev. requires 10 per cent/ The re- quirements for two-thirds of the congressional districts in Mo., and for two-fifths of the counties in Mont, holds for ref- erendum as well as for initiative petitions. Me. requires a fixed number of 10,000 signatures. Mont, has a provision that any measure referred to the peo- ple is to remain in full force unless the petition is signed by 15 per cent of the legal voters of a majority of the whole number of counties of the state, in which case the law re- mains inoperative until it is passed upon at an election and the result is officially determined. Basis of percentage. The basis of the required percentage is the same as for initiative petitions. Filing. Petitions are to be filed with the secretary of state within a specified time. Time. The time for filing is not less than ninety days after the legislative session in Ark., Ore., Okla., Mo., Me., and S. D. ; not later than six months after the session in Mont, i and not less than four months before the general election in Nev. Reference by legislative action Legislatures are expressly authorized to enact meas- ures conditioned upon their approval by the people, on a referendum vote. Compare the constitutional provisions of Ark., Mo., Mont. f Okla., and Ore. 4'2 THE INITIATIVE AND REFERENDUM Duty of officials In submitting initiative and referendum petitions to a vote of the people, the secretary of state and all other officers are to be guided by the general laws until legislation is especially provided. Compare the provisions of Ark., Me., Mo., Mont., and Ore. V. ENACTMENT OF REFERRED MEASURES Elections for submission of measures Measures may be referred for enactment or rejec- tion at general or at special elections. General elections. The S. D. statute provides for the sub- mission of measures at general elections only. Special elections. Provision is made for special elections to be ordered by the legislature in Ark., Mo., Mont., and Ore.; by the legislature or the governor in Okla. and Me. Under the Me. provision the governor must order a special election, if so requested in the petition. Veto power The veto power of the governor doe's not extend to measures referred to the people. See Ark., Me., Mo., Mont., Okla., Ore. and S. D. The Me. amendment requires that if any measure initiated by the people and passed by the legislature without change, is vetoed by the governor, and if his veto is sustained by the legislature, the measure must be referred to the people at the next general election. When operative The amendments of the several states generally provide that any measure referred to a vote of the peo- ple is to become a law and be in force from the date 1 of the official declaration that it has been approved by a majority of the votes cast thereon. THE INITIATIVE AND REFERENDUM 43 See Ark., Mo., Mont., Nev., Ore., and S. D. (statute). In Okla. initiative measures must be approved by a ma- jority of the votes cast at the election. In Me. and Nev. provision is made that initiative measures enacted by the legislature without change, are not to be re- ferred unless a referendum vote is demanded. In Me. when initiative and competing bills are submitted at the same elec- tion and neither receives a majority of the votes given for or against both, the one receiving the most votes is to be resub- mitted by itself; but no measure is to be resubmitted unless it received more than one-third of the votes given for and against both. Under the Nev. provision, if conflicting measures submitted at the same election are both approved by a majority severally cast for and against each, the one receiving the highest num- ber of affirmative votes becomes a law as to all conflicting provisions. VI. PENALTIES The laws enacted to facilitate the operation of the direct legislation amendments provide penalties for the unlawful signing of petitions. In Me., Mont., Okla., Ore., and S. D., the unlawful signing of initiative or referendum petitions is punishable by fine, or by imprisonment, or both, in the discretion of the court. In S. D. Comp. Laws, 1908, vol. 1, Pol. Code, sees. 21-28 (Laws, 1899, c. 93) the fine is not to exceed $500.00 nor the imprison- ment five years. In Mo. (Laws, 1909, pp. 554-8), Mont. (Laws, 1907, c. 62), Okla. (Laws, 1907-8, c. 44), and Ore. (Laws, 1907, c. 226) the fine is fixed at the same limit and the imprisonment is not to exceed two years. WISCONSIN LIBRARY COMMISSION COMPARATIVE LEGISLATION BULLETINS No. 1. Railway Coemployment. No. 2. Lobbying. No. 3. Corrupt Practices at Elections: Contributions and Expenditures. (Out of print) No. 4. Exemption of Wages. No. 5. Municipal Electric Lighting. (Out of print) Xo. 6. Trust Company Reserves. (Out of print) No. 7. Taxation of Trust Companies. (Out of print) No. 8. Municipal Gas Lighting. (Out of print) No. 9. Boycotting. (Out of print) No. 10. Blacklisting. (Out of print) No. 11. The Initiative and Referendum: State Legislation. (Revised Edition) No. 12. The Recall. No. 13. Primary Elections. The Test of Party Affiliation. No. 14. Proportional Representation. No. 15. Juvenile Courts. '. Telephones. Interchange of Service. No. 17. Mortgage Taxation. No. 18. Municipal Home Rule Charters. No. 19. Tenement House Legislation. State and Local. No. 20. Accident Insurance for Workingmen. UC SOUTHERN REGIONAL LIBRARY FACILITY A 000 949 852 8