YOU CANT WIN THE ELECTION ...

... IF YOU ARE NOT ON THE BALLOT

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LEGISLATION PASSED IN 2012

AS TAKEN FROM

THE NATIONAL CONFERENCE OF STATE LEGISLATURES

Arizona
Bill Number Session Status Session Law
SB 1210 Regular Session Passed 2012 Ariz. Sess. Laws, Chap. 84
  Subcategories: | Court Challenges |
  Description: Confers the following individuals an unconditional right to intervene in any proceeding in which the constitutionality, legality or application of a law which was enacted is at issue:

- If the law was enacted through an initiative, the official initiative proponent, whether an individual, a group of individuals or an organization that wishes to defend the law.

- If the law was enacted through a referendum, the legislator who was the first prime sponsor and wishes to defend the law.

- Asserts that the only objection that may be raised as a motion to intervene as of right is that the proposed intervenor does not have a good faith intention to defend to the law and allows any party or proposed intervenor may raise this objection.

- Specifies that a party who intervenes to defend a law is not liable for attorney fees or costs of any party who is challenging the constitutionality, legality or applicability of the law.

Colorado
Bill Number Session Status Session Law
HB 1293 Regular Session Passed 2012 Colo. Sess. Laws, Chap.
  Subcategories: | Recall-General |
  Description: The bill makes various changes and clarifications in the laws governing recall elections. Among other things, the bill does the following:
1) prohibits profane or false statements in either the recall petition's statement of grounds for the recall or in the elected official's statement of justification;
2) requires nonpartisan, non-school board recall election petitions to be filed with the political subdivision's designated election official, rather than with the district court;
3) specifies the procedures for filing a recall petition for a political subdivision without a designated election official;
4) clarifies the time frame for gathering recall petition signatures and the placement of the warning to electors about reading and signing the petition;
5) requires the designated election official to provide the reason that a petition was rejected and sets forth procedures for correcting a petition and filing an appeal;
6) requires the designated election official to notify the subject of the recall petition within 24 hours after delivery of the petition and make a copy of the petition available to him or her;
7) requires the designated election official to notify the recall committee and the elected official on petition sufficiency within 15 business days;
8) sets forth the time frame for cancelling a recall election if the elected official resigns;
9) if a recall election is cancelled, clarifies that the person appointed as provided by law shall hold office until the next regularly scheduled election;
10) clarifies that a recall election date be set within 75 days of the petition being deemed sufficient and the protest period ending and clarifies that the recall election may be included as part of a regularly scheduled election within 90 days of the end of the protest period;
11) requires the designated election official to submit a written mail ballot plan to the Secretary of State if a mail-ballot recall election is to be held and requires the Secretary of State to approve or disapprove the plan within 5 calendar days of receiving the plan;
12) for statewide recall elections, requires that the Governor publish a notice of the election in the newspaper in the state with the largest circulation and that the Secretary of State publish notice on the department's official website;
13) for non-statewide recall elections, requires that the designated election official publish notice in a newspaper of general circulation;
14) for recall elections, requires the designated election official to meet all deadlines in the uniform election code for events that must be completed 45 days before the election no later than 42 days prior to the recall election;
15) sets forth procedures for write-in candidates and nomination petitions for candidates in partisan and nonpartisan recall elections;
16) requires a political subdivision to reimburse the county clerk for reasonable expenses related to the recall of an elected official of the subdivision; and
17) makes various conforming amendments and technical changes.

Idaho
Bill Number Session Status Session Law
HB 452 Regular Session Passed 2012 Idaho Sess. Laws, Chap. 200
  Subcategories: | Voter Education/Information |
  Description: The purpose of the legislation is to provide more transparency to existing Idaho law as it relates to bond elections. In particular, the legislation adds requirements of the taxing district to provide a statement as to the purpose for which the bonds are to be used, disclose the interest amount of the bonds, and to disclose when the bonds will be paid off or retired.

Kentucky
Bill Number Session Status Session Law
SB 123 Regular Session Passed 2012 Ky. Acts, Chap. 54
  Subcategories: | Signing Petitions |
  Description: Relates to referendum; establishes that referendum petition requirements include the printed name, signature, year of birth, residential address, and the date the petitioner signed the petition and to require that to be eligible to sign a referendum petition a person must live in the district or jurisdiction that will be effected by the referendum and be a registered voter.

Michigan
Bill Number Session Status Session Law
SB 824 Regular Session Passed 2012 Mich. Pub. Acts, Act 277
  Subcategories: | Ballot Measure Committees | Campaign Finance Provisions | Disclosure | Penalties for Violations |
  Description: Senate Bill 824 (H-2) would amend the Michigan Campaign Finance Act (MCL 169.215 et al) in the following ways.

· The Secretary of State is required to investigate allegations of violations of the act. The bill would require the Secretary of State (SOS) to refer a complaint to the Attorney General if the violation involves the SOS, the immediate family member of the SOS, or a campaign or committee with which the Secretary of State is connected, directly or indirectly.

· The SOS would be required to post on the department's internet website certain documents regarding individual violation complaints, as well as conciliation agreements.

· The SOS would be required, rather than permitted, to refer a complaint to the Attorney General or begin a hearing if unable to resolve a matter using informal methods.

· Currently, if the SOS determines after a hearing that a violation of the act has occurred, he or she may issue an order requiring the payment of a civil fine equal to the amount of the improper contribution and expenditure, plus up to $1,000 for each violation. The bill would allow a civil fine equal to triple the amount of the improper contribution and expenditure, plus up to $1,000 per violation.

· The Attorney General would be required to determine whether to proceed with enforcement of a criminal penalty within 60 days after the matter was referred to the AG.

· Currently, a committee, candidate, treasurer, or other designated individual who fails to report a late contribution must pay a late filing fee not to exceed $2,000. The bill would specify that the late filing fee could not exceed the lesser of (a) the total amount of the contributions omitted from the late contribution reports or (b) $2,000.

· The definition of "late contribution" now refers to a contribution of $200 or more received after the closing date of the last campaign statement required to be filed before an election. The bill would say that, for a candidate committee, a late contribution would refer to contributions from the same contributor with a cumulative total of $500 received after the closing date of the last campaign statement required to be filed before an election. For other committees, the threshold would be contributions from the same contributor with a cumulative total of $2,500 or more received after the closing date of the last campaign statement.

· A committee, other than a candidate committee, would only have to file a report of a late contribution for an election during which the committee made expenditures for the purpose of influencing the nomination or election of a candidate or for the qualification, passage, or defeat of a ballot question after the closing date of the last campaign statement required to be filed before an election. This provision would be retroactive to January 1, 2010.

· The state, by appropriation, or a county would have to reimburse or waive any late filing fee paid or assessed between January 1, 2010, and the bill's effective date. This would only apply to committees that have filed all other required campaign statements in a timely manner. Further, this subsection would not apply to candidate committees.

· A ballot question committee would have to file campaign statements in addition to the pre-election and postelection statements. They would have to be made in February, April, and July of each year, and additionally in October of odd numbered years.

· A ballot committee supporting or opposing a statewide ballot question would be required to file a campaign statement with the closing date being the 28th day after filing the petition form, and not later than 35 days after the petition form is filed.

· There is a civil fine of up to $1,000 for knowingly filing an incomplete or inaccurate statement or report. The bill would make the fine either $1,000 or the amount of the undisclosed contribution, whichever is greater.

· Under the bill, a ballot question committee that is registered with the Secretary of State and is supporting or opposing a non-statewide ballot question would only have to file a required campaign statement with the Secretary of State. This would also apply to a committee supporting or opposing the recall of an elected official.

· The bill would exempt communications between a separate segregated fund (established under Section 55 of the act) and individuals who can be solicited for contributions to that fund from requirements that apply to printed campaign materials.

· A separate segregated fund is limited to making contributions to, and expenditures on behalf of, candidate committees, ballot question committees, political party committees, political committees, and independent committees. The bill would add: "and other separate segregated funds."

Nebraska
Bill Number Session Status Session Law
LB 759 Regular Session Passed 2012 Neb. Laws, L.B. 759
  Subcategories: | Petition Circulators |
  Description: The following constitutes the reasons for this bill and the purposes which are sought to be accomplished Removes the requirement that persons who circulate petitions be electors of the state, and replaces it with the requirement the circulator be 18 years or age or older. The provision requiring circulators to be electors was recently held to be unconstitutional.

South Dakota
Bill Number Session Status Session Law
HB 1186 Regular Session Passed 2012 S.D. Laws, Chap. 80
  Subcategories: | Petition Circulators |
  Description: No registered sex offender may circulate any petition, either on the registered sex offender's own behalf or on the behalf of, or in the employ of, another person in any place frequented by the public or door to door on private property. A violation of this section is a Class 1 misdemeanor.

The provisions of this Act do not apply, if the registered sex offender circulating or assisting in circulating petitions under circumstances where the registered sex offender is in the employ of, and under the supervision of, another person and where the circumstances preclude any contact with children.

The provisions of this Act do not apply, if the registered sex offender is circulating any nominating petitions on his or her own behalf for election to any federal, state, or local office for which the registered sex offender is otherwise qualified.
SB 70 Regular Session Passed 2012 S.D. Laws, Chap. 18
  Subcategories: | Application for Petition | Circulation Period | Timelines |
  Description: That chapter 2-1 be amended by adding thereto a NEW SECTION to read as follows:
The petition as it is to be circulated for a referred law shall be filed with the secretary of state prior to circulation for signatures and shall:
(1) Contain the title of the referred law;
(2) Contain the effective date of the referred law;
(3) Contain the date of the general election at which the referred law is to be submitted;
(4) Be accompanied by a notarized form that includes the names and addresses of the petition sponsors; and
(5) Be accompanied by a statement of organization as provided in § 12-27-6.

The petition shall be filed with the secretary of state within ninety days after the adjournment of the Legislature which passed the referred law. A sworn affidavit, signed by at least two-thirds of the petition sponsors, stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the secretary of state. The form of the petition and affidavit shall be prescribed by the State Board of Elections.

That chapter 2-1 be amended by adding thereto a NEW SECTION to read as follows:
The petition as it is to be circulated for an initiated constitutional amendment shall be filed with the secretary of state prior to circulation for signatures and shall:
(1) Contain the full text of the initiated constitutional amendment;
(2) Contain the date of the general election at which the initiated constitutional amendment is to be submitted;
(3) Contain the title and explanation as prepared by the attorney general;
(4) Be accompanied by a notarized form that includes the names and addresses of the petition sponsors; and
(5) Be accompanied by a statement of organization as provided in § 12-27-6.

The petition circulator shall provide to each person who signs the petition a form containing the title and explanation of the initiated constitutional amendment as prepared by the attorney general. The form shall be approved by the secretary of state prior to circulation.

For any initiated constitutional amendment petition, no signatures may be obtained more than twenty-four months preceding the general election that was designated at the time of filing of the full text. The initiated constitutional amendment petition shall be filed with the secretary of state at least one year before the next general election. A sworn affidavit, signed by at least two-thirds of the petition sponsors, stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the secretary of state. The form of the petition and affidavit shall be prescribed by the State Board of Elections.

That chapter 2-1 be amended by adding thereto a NEW SECTION to read as follows:
The petition as it is to be circulated for an initiated measure shall be filed with the secretary of state prior to circulation for signatures and shall:
(1) Contain the full text of the initiated measure;
(2) Contain the date of the general election at which the initiated measure is to be submitted;
(3) Contain the title and explanation as prepared by the attorney general;
(4) Be accompanied by a notarized form that includes the names and addresses of the petition sponsors; and
(5) Be accompanied by a statement of organization as provided in § 12-27-6.

The petition circulator shall provide to each person who signs the petition a form containing the title and explanation of the initiated measure as prepared by the attorney general. The form shall be approved by the secretary of state prior to circulation.

For any initiated measure petition, no signatures may be obtained more than twenty-four months preceding the general election that was designated at the time of filing of the full text. The initiated measure petition shall be filed with the secretary of state at least one year before the next general election. A sworn affidavit, signed by at least two-thirds of the petition sponsors, stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the secretary of state. The form of the petition and affidavit shall be prescribed by the State Board of Elections.

Utah
Bill Number Session Status Session Law
HB 119 Regular Session Passed 2012 Utah Laws, Chap. 35
  Subcategories: | Internet Petitioning | Task Force/Study Commission |
  Description: This bill requires the lieutenant governor to conduct a study regarding a registered voter signing on the Internet a petition to:
- qualify a ballot proposition for the ballot;
- organize and register a political party; or
- qualify a candidate for the ballot; and
requires the lieutenant governor to submit the study and recommendations, if any, to the Government Operations Interim Committee.

Washington
Bill Number Session Status Session Law
HB 2499 Regular Session Passed 2012 Wash. Laws, Chap. 226
  Subcategories: | Ballot Measure Committees | Campaign Finance Provisions | Disclosure |
  Description: Requires political advertising costing one thousand dollars or more, supporting or opposing ballot measures sponsored by a political committee, to include certain information on the top five contributors.

 

 

 

 

...ordinary men and women may often feel unmotivated to exert their citizenship, either because they cannot tell the difference between the different alternatives, or because they have lost faith in the political classes, or because they feel that the really important issues are not in their power to decide.
-- Patricio Aylwin Azócar


"Never doubt that a small group of thoughtful committed citizens can change the world; indeed, it's the only thing that ever has."
-- Margaret Mead