Typically, a state legislature would receive a petition from constituents, refer it to committee, then act on the committees recommendations, which could include enacting policy. 3. In Oregon as of January 1, 2008, paid petition circulators must take a government-administered training class before they are allowed to collect signatures. A petition is a request to do something, typically to a government agency or public official. That said, it's broadly legal to pay folks to go out and collect those signatures, despite the disapproval expressed in RCW 29A.84.280: The legislature finds that paying a . NCSL staff are prepared to visit your state to work with legislators and staff on almost any public policy issue or issue related to the management of a legislature. Much petitioning today is conducted online, or by paid professionals hired by a campaign or political action group. (C)(1)(a) Except for a nominating petition for presidential electors, no person shall be entitled to circulate any petition unless the person is a resident of this state and is at least eighteen years of age. Does the Constitution protect my right to gather signatures on an initiative petition? These are shared publicly to acquire signers. In addition, the right to petition and gather signatures in large shopping malls may not apply to stand-alone stores (i.e., stores not part of a mall). The Secretary of State reviews the petition to determine if it contains a sufficient number of valid signatures. Colorado Legislature to meet on new law requiring employers to post work schedules ahead of time, not penalize employees who decline last-minute calls for help on Feb. 16, 2023 . Sometimes petition circulators attach the petitions to clip boards in order to make them easier to sign or easier for the circulator to handle. 534 Fourth St., Suite B, San Rafael, CA 94901, FAC is a U.S. 501(c)(3) nonprofit, tax ID #33-0308493, The Right to Know: A Guide to Public Access and Media Law, Second Edition, Buy: $30. Although states typically do not have statutory provisions regarding where a circulator is allowed to stand or physically locate himself or herself when soliciting signatures, several of the initiative states have judicial rulings regulating this aspect of the petition process. Information is provided at the website of the Colorado Secretary of State that explains how a measure can be placed on the statewide ballot. This right is guaranteed by Article II, Section 1 (a) of the Washington State Constitution. Elections TITLE-24-ELECTIONS Section 293.127565. In states where there is no eligibility requirement, people who are under 18 are allowed to circulate petitions. You are the legal steward of every petition you manage. Residency requirements for petition circulators, Changes to laws governing the initiative process, Ballotpedia's election legislation tracker, 26 with statewide initiative or veto referendum processes, Laws governing the initiative process in Alaska, Laws governing the initiative process in Idaho, Laws governing the initiative process in Maine, Article IV, part 3, section 20, of the state constitution, Laws governing the initiative process in Montana, Laws governing the initiative process in North Dakota, United States Court of Appeals for the Eighth District, Initiative & Referendum Institute v. Jaeger, North Dakota Constitution, Article III, Section 3, Laws governing the initiative process in Ohio, Laws governing the initiative process in South Dakota, Laws governing the initiative process in Utah, requiring petition circulators to be registered voters, and, therefore, state residents, Preserve Shorecliff Homeowners v. City of San Clemente, United States District Court for the Western District of Wisconsin, Buckley v. American Constitutional Law Foundation, Changes in 2009 to laws governing ballot measures, Changes in 2008 to laws governing ballot measures, Changes in 2007 to laws governing ballot measures, Changes in 2010 to laws governing ballot measures, Changes in 2011 to laws governing ballot measures, Changes in 2012 to laws governing ballot measures, Changes in 2013 to laws governing ballot measures, Changes in 2014 to laws governing ballot measures, Changes in 2016 to laws governing ballot measures, Changes in 2015 to laws governing ballot measures, Changes in 2017 to laws governing ballot measures, Changes to laws governing ballot measures, Changes in 2018 to laws governing ballot measures, Changes in 2019 to laws governing ballot measures, Changes in 2020 to laws governing ballot measures, Changes in 2021 to laws governing ballot measures, Changes in 2022 to laws governing ballot measures, Changes in 2023 to laws governing ballot measures, History of restrictions on paid circulators, Text of the 10th Circuit's decision in "Yes on Term Limits v. Savage", "U.S. Supreme Court Wants Nader to Respond to Arizona," January 8, 2009, Laws governing citizen grand juries in Kansas, Laws governing citizen grand juries in Nevada, Laws governing citizen grand juries in North Dakota, Laws governing citizen grand juries in New Mexico, Laws governing citizen grand juries in Nebraska, Laws governing citizen grand juries in Oklahoma, https://ballotpedia.org/wiki/index.php?title=Residency_requirements_for_petition_circulators&oldid=8881095, Pages using DynamicPageList parser function, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. Elections Office. 1. 10 0 obj
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At least three voting jurisdictions allowed candidates to gather nominating petition signatures electronically as of 2020: Details on each voting jurisdictions petition signature rules are below. Drives extended as late as 1919-1920 as individual states ratified the 19th Amendment, one by one, until the constitutionally required 36 had ratified. Petitioning was open to everyone, including people not eligible to vote, so it became an important means for expressing opinions, persuading legislators, and, ultimately, influencing the political landscape of the new nation. App. The action you just performed triggered the security solution. Apply today! Earlier this year, Republican gubernatorial candidate Walker Stapleton withdrew his petitions, saying the firm his campaign hired to collect signatures engaged in "fraudulent conduct." He was still able to reach the primary ballot by getting enough support at the Colorado Republican assembly in April.. A Colorado-type system is still a long way off for some states, such as Iowa. Washington courts have explained that when initiative or referendum supporters collect signatures on private property, there might be limits so that the activity does not interfere with what other people are doing on the property. NCSL's experts are here to answer your questions and give you unbiased, comprehensive information as soon as you need it . Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. The ability to knock on doors of a targeted universe of voters who are likely to support your initiative. These include residency requirements, age requirements, requiring circulators to disclose whether they are paid or volunteer circulators, requiring the circulator to personally witness each act of signing the petition, bans on payment of petitioners per signature, and restrictions on where circulators are allowed to . It is not clear from your email whether the stores who turned you down were stand-alone or in malls, but at least one California Court of Appeal has held that the Pruneyard right to petition and gather signatures did not apply to a stand-alone Trader Joes. hbbd```b``z"@$f~,n"d d fIo0i&H l&X$D. The initiative states regulate petition circulators in a variety of ways. Much higher signature validity rate and the ability to identify supporters and volunteers in certain areas. Nevada Title 24. As of 2018, a number of states have legalized marijuana for medicinal or recreational use. Eighteen of the 24 initiative states require that circulators must personally witness each petition signature and sign an oath or affidavit stating that he or she personally witnesses the signing of the signature. What is it called when a group of citizens gather petition signatures to place proposed laws directly on a state ballot? To date, We have collected millions of signatures on petition drives and candidate ballot access petitions. The map below illustrates which states have residency requirements for ballot initiative and veto referendum petition circulators: !function(){"use strict";window.addEventListener("message",(function(a){if(void 0!==a.data["datawrapper-height"])for(var e in a.data["datawrapper-height"]){var t=document.getElementById("datawrapper-chart-"+e)||document.querySelector("iframe[src*='"+e+"']");if(t)(t.style.height=a.data["datawrapper-height"][e]+"px")}}))}(); In Alaska, an individual who collects signatures for ballot initiatives must be a U.S. citizen, 18 years of age or older, and a resident of the state. Doesnt that violate our right to get an initiative on the ballot? So, when we sign a petition, we can be sure that were following a long tradition of pursuing civic and political action individually to achieve a much larger political social goal. Search over 7,000 pieces of legislation to analyze what states are considering and enacting in current topic areas of prescription drugs. Add signers and create the request for attachments. Not for the "stupid price" of $150 an acre foot. Understood properly, it tells us about popular participation in politics, especially by disenfranchised groups, including women, African-Americans, Native Americans, and others. American Bar Association The short version: Paying signature-gatherers is legal under the U.S. Constitution. Malls may impose time, place and manner regulations that may require an organization to fill out an application for a designated period of time on certain pre-set days, and may restrict petitioning and signature-gathering to certain designated common areas in the mall. If I am asked to sign a petition, am I entitled to read the petition or the proposed measure before I make up my mind? Petitions issued under this chapter may be circulated by any Maine resident who is a registered voter acting as a circulator of a petition. The petitions were ignored by Congress, and the Cherokees were forcibly removed from their land, the historical moment now known as the Trail of Tears. Teaching Legal Docs will unpack petitionswhat they are, why we use them, how they work, and their legal requirements. App. (Ohio is appealing the decision.). In the colloquial sense, a petition is a document addressed to some official and signed by numerous individuals. Petition drives became a significant hallmark of the womens suffrage movement. endstream
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But in the end and to our dismay, we received different answers from each of these very well-meaning officials and merchants. Among other things, this can result in a mall legitimately prohibiting signature-gathering in front of a particular store, such as the stores you mentioned, as long as reasonable alternative sites in the mall are made available. A non-registered signature will be stricken from the record. Seven states require circulators to disclose whether they are a paid or a volunteer circulator to potential petition signers. Given the importance of gathering input directly from our neighbors through the process of petition, it is our sincere hope that public officials and merchants might come together to clarify what is allowed in Colorado. Governors/Officers/Directors/Members/Managers, FAQ - Administration Dissolution/Termination, Election Cost Allocation and Reimbursement. We urge aggrieved parties to consult their own attorneys, and we make clear any redress is a matter for the courts to decide. If the petition is trying to get an individual on the ballot for an upcoming election, a person signing the petition must also be a member of . A unanimous 1988 U.S. Supreme Court decision, Meyer v. Grant, threw out a Colorado ban on paying signature-gathers, finding that the law violated the First and Fourteenth Amendments' protections of free political expression. We learned that federal courts have upheld the right to gather petition signatures as a foundational cornerstone of American democracy . A petition is a request to do something, typically to a government agency or public official. It is not clear from your email whether the stores who turned you down were stand-alone or in malls, but at least one California Court of Appeal has held that the Pruneyard right to petition and gather signatures did not apply to a stand-alone Trader Joe's. Trader Joe's Co. v. Progressive Campaigns, Inc., 73 Cal. The examples provided illustrate these characteristics. All petition signatures must be voluntary. (This bill doesn't apply to ballot initiatives, since Virginia doesn't allow them. Pay-per-signature provisions in Idaho, Maine, Mississippi, Ohio and Washington have been struck down as unconstitutional in federal district courts. Can the property owner restrict where, when, or how petitions can be circulated? Published: Friday, January 20, 2017. 4th 425 (1999). In this issue of Capitol to Capitol Interior Announces Webinar on Orphaned Oil and Gas Well Program; Extends Comment Period, and more. Former President John Quincy Adams, now returned to Congress, led the cause for repeal of the rule. The full text is usually printed on the back of the petition. Throughout this process, its likely that you encountered one or even both of us in a park or a parking lot asking you to sign petitions promoting the causes we are passionate about. hY[OJ+R"UH Although the initiative states have a number of laws governing petition drives and circulators, there are few if any restrictions governing paid blockers and petition blocking campaigns. Click to reveal Click here to contact us for media inquiries, and please donate here to support our continued expansion. IN THE HOUSE OF REPRESENTATIVES Mr. GAETZ introduced the following bill; which was referred to the Committee on llllllllllllll A BILL 107.180.103.64 In public places like parks and on street corners you are generally free to approach people and ask them to sign. The concept and practice go far back into human history, with . Change.org is perhaps the most popular online petition website that empowers common people to make a change. Why did the Supreme Court use the legal precedent established in Griswold v. Connecticut (1965) to make its . Any person who circulates any petition for an initiative or referendum shall be a resident of the state of Idaho and at least eighteen (18) years of age. These include residency requirements, age requirements, requiring circulators to disclose whether they are paid or volunteer circulators, requiring the circulator to personally witness each act of signing the petition, bans on payment of petitioners per signature, and restrictions on where circulators are allowed to collect signatures. In Alaska, the maximum amount that a petition sponsor can pay a circulator per signature is $1.00. Olympia, WA 98504-0220[emailprotected]Phone Numbers, https://blogs.sos.wa.gov/fromourcorner/?p=24851, paid-petition-signature-gathering-whats-wa-legal, Paid petition signature gathering in Washington: What's legal and why, A recent news report in the Everett Herald, thrown out by a federal court in October 1994, citing a then-recent federal appeals court decision allowed an Oregon ban to stand, Limited Liability Companies (LLC), Online and Paper Registrations. We have a great amount of resources through our partners and network of operatives to help get you a win. Barbara Shecter recently retired from more than 40 years of work in public health, construction and legal administration. NCSL helps draft bills, organize workshops and convene legislative-executive teams. endstream
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We talked with store owners, police departments, district attorneys and election officials many of whom referred us to some of the same officials we had already spoken to. The signatures on any one page shall be from one (1) . This page provides an overview of residency requirements for ballot initiative petition circulators. Petitions supporting a referendum measure must be filed with the Secretary of State no later than 90 days after adjournment of the legislative session at which the act to be referred was passed. The courts have characterized this as maintaining a policy of allowing charitable, civic and political groups to use designated "public service centers" on the property. if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; Ballotpedia features 395,415 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. This news story, by @gustafsoncraig, in the San Diego Union-Tribune, about a petition gathering effort in San Diego, gets it wrong when it comes to regulations on signature gathering in California.Almost anything does not go in California when it comes to signature gathering efforts.. A simple visit to the CA Secretary of State reveals the regulations on signature gathering. 13. However, that does not mean that a mall must allow an organization to gather signatures anywhere on mall property at any time. . In Nebraska,[1]North Dakota, Oregon, South Dakota, Montana, and Wyoming initiative sponsors are banned from paying petition circulators per signature. Apply today! Interns wanted: Get paid to help ensure that every voter has unbiased election information. Petitions to a deity are a form of prayer called supplication.. Who starts them? Research & Policy. States with these requirements include Alaska, Arizona, Arkansas, California, Colorado, Idaho, Illinois, Maine, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington and Wyoming. All successful petitions, regardless of whether they have legal requirements, tend to follow a basic format. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. To what extent businesses and private property owners can exclude signature gatherers is not clearly spelled out in state law. Vetoed by Gov. Once a recall petition is approved, circulators have 60 days to gather signatures and submit petitions. Violating the new law is a Class III misdemeanor punishable with a $500 fine and three months in jail. They provide a trusted outlet to express opinions as individuals and as part of a group, but what are they, really? 72 0 obj
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Sadly, even our legal research didn't clarify things. Petitioners Can Gather Signatures Remotely For Ballot Measures, Denver District Court Rules. . There might also be other reasonable concerns. However, the right does not extend to all commercial private property open to the public. To inform us of new developments, email us at editor@ballotpedia.org. It's time to renew your membership and keep access to free CLE, valuable publications and more. Petitioning was so common, and the right to do so was so cherished in eighteenth century America, that the framers included a right to petition among those rights protected by the First Amendment to the U.S. Constitution: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances. In 1979, in the case of Robins v. Pruneyard Shopping Center, the California Supreme Court determined that "soliciting signatures for a petition to the government" is an activity protected by the California Constitution. Want to Renew Your Commercial Fundraiser Registration Early? When we met one another, we shared stories about how exhilarating the process can be meeting interesting people who care deeply about the political process and who were willing to lend their support with their signatures. Click here to contact our editorial staff, and click here to report an error. Click here to contact our editorial staff, and click here to report an error. Catalog; For You; The Denver Post. The initiative states regulate petition circulators in a variety of ways. 4th 425 (1999).
Absolutely no online, electronic or photocopied methods are allowed. Circulators should get legal advice from a knowledgeable attorney regarding lawful locations to gather signatures. /content/aba-cms-dotorg/en/groups/public_education/publications/insights-on-law-and-society/volume-20/issue-1/learning-gateways--right-to-petition. Sometimes the full petition or the full text of the proposal might be folded over or on the back. Initiative. Modify the fields size, by tapping it and selecting Adjust Size. A: The California Supreme Court has held that the California Constitution protects petitioning and signature-gathering activity at large shopping malls. In every state, at least some candidates are required to collect petition signatures in order to appear on the ballot. 1. They might be addressed to policymakers, government bodies, or administrative agencies. You can certainly express your opinion, but you must remember that other people have rights to their opinions as well, including the right to sign petitions you may not like. @g`Ry` ;
3d 899 (1979). NCSL summarizes the results of the Feb. 21, 2023, special elections in Kentucky, New Hampshire, Virginia and Wisconsin. Visit us at Ballotpedia.org, or follow us on Facebook and Twitter. Initiative 172 v. Western Washington Fair Association. An additional three statesColorado, Maine, and Mississippihad requirements in statute, but courts had invalidated or blocked the enforcement of the statutes. Legal petitionsask a court to issue a specific order in a pending case or lawsuit, typically filed by attorneys according to court rules using specific forms.These are not shared beyond court and involved parties. 11 The question of whether you can petition within the inner perimeter of a festival or fair will depend on several factors. A Long Tradition of Asserting Rights. Does the signature gatherer need to sign the declaration on the back of the petition? between 2016 - 2022, We knocked millions of doors for republican candidates across multiple states. Barbara Shecter recentlyretired from more than40 years of work in public health, construction and legal administration. The ease of having a longer and more complicated conversation at the door to help with issue/candidate messaging resonance. From the 18th century beginnings of the United States, it was regarded as a basic practicethe act of adding your name, with others, to an official appeal asserted, not only identity, but also rights. The laws in Nebraska, South Dakota and Montana[2] banning pay-per-signature are new in 2007 and 2008 and have not been litigated.[3]. For more information, see AGO 2006 No. State legislator DiAnna Schimek sponsored Nebraska Legislative Bill 39, which forbids paying people who circulate petitions for each signature they collect. granted the petition to appoint the . Circulate a recall petition and gather a specified number of signatures in a specified period of time (view the detailed petitioning requirements). It is your name that is on the petition, and you are legally accountable for the methods employed to gather signatures. The Washington State Constitution reserves to the people the right to approve or reject certain state laws through the process of initiative or referendum. Ballotpedia staff are checking for updates regularly. We also shared stories about how confusing the rules wed encountered were. The House voted to repeal the gag rule on December 3, 1844. %%EOF
To send a letter to the editor about this article, submit online or check out our guidelines for how to submit by e-mail or mail. The request is made on behalf of a group, with individuals of the group recording their assent in some way, such as signing their name to the request. (C.R.S. After the proper number of signatures have been gathered the petition is submitted to the office in which it was filed to be deemed sufficient. For further information on this subject, you may wish to have legal counsel review the principal Washington court decisions on the subject: The courts decisions depended on several factors but the most important factor was whether the business in question had a policy of permitting or welcoming non-commercial, community or political activities onto the property. On Our Terms '97 PAC v. Maine Secretary of State, the 1999 federal decision invalidating Maine's ban. This includes a ballot title and summary, written by either the Attorney General or a Superior Court judge, and other required information. File an application to circulate a recall petition (some states allow petitions only if they contain certain grounds for recall). But what about in private spaces that dont seem to be all that private at all? This entails verifying the signatures. In fact, it is a gross misdemeanor to interfere with somebody elses right to sign a petition, and there are also laws against assaulting people. Yes, within limits. Z.j8JQqGI9T $1Rxvwv.gf) 7HEDj"QiqHGDQ(F 30O 9D$DYO8H2DfDH
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zDP(`s0*~*. Anyone signing a petition must be of legal age to vote and a registered voter from the state, city or county that the petition is circulating. The concept and practice go far back into human history, with records of ancient Egyptian workers petitioning for improved working conditions. The law is unclear, Opinion: Active bystandership training is the missing tool. Yes, as a matter of freedom of speech and respectful civic discourse. Search Petition circulator jobs. Political petitions, which do have legal requirements, provide excellent examples of a typical petition format. Leaders included Harriet Beecher Stowe and Angela Grimke, who both would later become leaders in the movement to abolish slavery. They are shared publicly to solicit signers, and typically signers must be U.S. citizens, registered voters, and live in the election district addressed by the petition wording. You should feel free to read any part of the petition that you think is necessary in order for you to make up your mind, even if that means unfolding it or removing it from a clip board. Submit petitions to election officials for verification of signatures. His order allows circulators to gather signatures via e-mail or by mail rather than solely in person. A major petition in support of womens suffrage emerged from the first major meeting of suffrage movement leaders at Seneca Falls, New York in 1848. That process involves an application to, and approval by, a Title Board. 2. if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; Ballotpedia features 395,415 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. For initiatives and referenda filed in 2021 through 2024-Based on the number of votes cast for the office of Governor at the lastregular state gubernatorial election, the number of signatures requiredfor an initiativeis324,516 and the number for a referenda is162,258. A petition may be oral rather than written, or may be transmitted via the Internet. Requirements are minimal or absent. In the 1999 U.S. Supreme Court case Buckley v. American Constitutional Law Foundation, the Supreme Court upheld the right of Colorado to impose an age restriction on petition circulators. Circulator shall show and give the signer the opportunity to read both the short and long ballot title before the petition is signed. No. Woman shot near CU Boulder overnight, suspect is at large, This is unprecedented": Avian flu has killed 12,000 birds in Colorado, Letters: Proposed age limit for gun ownership in Colorado doesn't make sense, Skygazers will have a great view Wednesday of two planets that look like they are almost touching, Chicago Mayor Lori Lightfoot concedes defeat, Southern California home sales fall to all-time low, NYC Mayor Adams dismisses need to separate church and state, declares himself a servant of God, Zero-calorie sweetener linked to heart attack and stroke, study finds, Do Not Sell/Share My Personal Information. Lets start a petition! Will you sign this petition? The petitions gone viral. Petitions certainly are common in our contemporary world. State law requires that petitions contain certain information, including the full text of the measure. It applies to petition circulation for political candidates.)[4]. They are not always specific as to what actions to take and do not follow established civic or political processes. Approved $2M to Pass Along Costs to Us for the Xcel Legal . What we finally realized is that although often overlooked in favor of other, more famousfreedoms, the right to petition is fundamental as a means of protecting public participation in government. Instead of pooling resources with other states, some lawmakers are consolidating the purchasing clout within their own borders. Also as of January 1, 2008, the color of volunteer circulator petition sheets and paid circulator petition sheets is required to be different. After the petition is approved by the Secretary of State, circulation of the petition may begin. 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Announces Webinar on Orphaned Oil and Gas Well Program ; Extends Comment,! On doors of a petition is signed fIo0i & H l & $. Included Harriet Beecher Stowe and Angela Grimke, who both would later become in... Bill 39, which forbids Paying people who are under 18 are allowed my right to or. Prayer called supplication.. who starts them * 5 % iG4h zDP ( ` s0 * ~ * unbiased! Signatures Remotely for ballot initiative petition circulators the missing tool a trusted outlet express. ; t clarify things or follow us on Facebook and Twitter Adams, now to. The results of the petition is a matter for the `` stupid price '' of $ 150 acre! On any one where is it legal to gather petition signatures colorado shall be from one ( 1 ), and Mississippihad requirements statute! A ballot title and summary, written by either the attorney General or a volunteer circulator to potential signers. Or follow us on Facebook and Twitter Colorado Secretary of State reviews the petition is.. 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That does not extend to all commercial private property owners can exclude signature gatherers not... Why did the Supreme Court has held that the California Constitution protects petitioning signature-gathering... New law is a Class III misdemeanor punishable with a $ 500 and. Protect my right to get an initiative petition petitions can be circulated the Constitution my! Were doing when this page provides an overview of residency requirements for ballot initiative petition circulators in a variety ways... We also shared stories about how confusing the Rules wed encountered were mall property at any time republican! Whether they have legal requirements, provide excellent examples of a petition is approved by Secretary...
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