Georgia House of Representatives - 1995/1996 Sessions

HR 9 - Initiative petition - power to enact or reject - CA

Page Numbers - 1/ 2/ 3/ 4

1. Joyce  1st


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Code Sections amended:                                                                              


HR 9                                               LC 9 7916






                             A RESOLUTION

  1- 1  Proposing an amendment to the Constitution so as to reserve
  1- 2  to the people the power to propose laws and amendments to
  1- 3  the Constitution of the State of Georgia, to enact or reject
  1- 4  the same at the polls independent of the General Assembly,
  1- 5  and to approve or reject any Act or any item, section, or
  1- 6  part of any Act of the General Assembly; to provide for
  1- 7  initiatives and referendums and the practices and procedures
  1- 8  connected therewith; and to specify the powers of the
  1- 9  General Assembly; to provide for the submission of this
  1-10  amendment for ratification or rejection; and for other
  1-11  purposes.

  1-12       BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-13  Article III, Section I of the Constitution is amended by
  1-14  striking Paragraph I, which reads as follows:

  1-15      "Paragraph I. Power vested in General Assembly.  The
  1-16    legislative power of the state shall be vested in a
  1-17    General Assembly which shall consist of a Senate and a
  1-18    House of Representatives.",

  1-19  and inserting in lieu thereof a new Paragraph I to read as
  1-20  follows:

  1-21      "Paragraph I. General Assembly; initiative and
  1-22    referendum. (a) The legislative power of the state shall
  1-23    be vested in the General Assembly which shall consist of a
  1-24    Senate and House of Representatives, both to be elected by
  1-25    the people, but the people reserve to themselves the power
  1-26    to propose laws and amendments to the Constitution and to
  1-27    enact or reject the same at the polls independent of the
  1-28    General Assembly and also reserve power at their own
  1-29    option to approve or reject at the polls any Act or item,
  1-30    section, or part of any Act of the General Assembly.

  1-31      (b) The first power hereby reserved to the people is the
  1-32    initiative.  Signatures by registered electors in an
  1-33    amount equal to at least 5 percent of the total number of
  1-34    votes cast for all candidates for the office of the



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                                                   LC 9 7916

  2- 1    Secretary of State at the previous general election shall
  2- 2    be required to propose any measure by petition.  Every
  2- 3    such petition shall include the full text of the measure
  2- 4    so proposed.  Initiative petitions for state legislation
  2- 5    and amendments to the Constitution, in such form as may be
  2- 6    prescribed by law, shall be addressed to and filed with
  2- 7    the Secretary of State at least three months before the
  2- 8    general election at which they are to be voted upon.

  2- 9      (c) The second power hereby reserved is the referendum,
  2-10    and it may be ordered against any Act or item, section, or
  2-11    part of any Act of the General Assembly by a petition
  2-12    signed by registered electors in an amount equal to at
  2-13    least 5 percent of the total number of votes cast for all
  2-14    candidates for the office of the Secretary of State at the
  2-15    previous general election or by the General Assembly.
  2-16    Referendum petitions, in such form as may be prescribed
  2-17    pursuant to law, shall be addressed to and filed with the
  2-18    Secretary of State not more than 90 days after the final
  2-19    adjournment of the session of the General Assembly that
  2-20    passed the bill on which the referendum is demanded.  The
  2-21    filing of a referendum petition against any item, section,
  2-22    or part of any Act shall not delay the Act from becoming
  2-23    operative.

  2-24      (d) Statutory initiatives and constitutional initiatives
  2-25    must be signed by 5 percent of the legal voters in at
  2-26    least seven of the 11 U.S. congressional districts in the
  2-27    state in order to be placed on the ballot.

  2-28      (e) The veto power of the Governor shall not extend to
  2-29    measures initiated by or referred to the people.  All
  2-30    elections on measures initiated by or referred to the
  2-31    people of the state shall be held at the biennial regular
  2-32    general election, and all such measures shall become the
  2-33    law or a part of the Constitution when approved by a
  2-34    majority of the votes cast thereon, and not otherwise, and
  2-35    shall take effect from and after the date of the official
  2-36    declaration of the vote thereon by proclamation of the
  2-37    Governor, but not later than 30 days after the vote has
  2-38    been canvassed.  At the next regular session of the
  2-39    General Assembly held after the vote on any initiative or
  2-40    referendum, the General Assembly, by a two-thirds vote of
  2-41    the total membership of each chamber, may repeal any
  2-42    measure or any part or portion of any measure submitted to
  2-43    the people as an initiative or referendum and approved by
  2-44    the voters.  Any measure or part or portion of any measure



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                                                   LC 9 7916

  3- 1    which is repealed by the General Assembly shall be
  3- 2    repealed as of the date of the final vote in the General
  3- 3    Assembly.  This Paragraph shall not be construed to
  3- 4    deprive the General Assembly of the power to enact any
  3- 5    measure.

  3- 6      (f) The original draft of the text of proposed initiated
  3- 7    constitutional amendments and initiated laws shall be
  3- 8    submitted to the legislative research and drafting offices
  3- 9    of the General Assembly for review and comment.  No later
  3-10    than two weeks after the submission of the original draft,
  3-11    unless withdrawn by proponents, the legislative research
  3-12    and drafting offices of the General Assembly shall render
  3-13    their comments to the proponents of the proposed measure
  3-14    at a meeting open to the public, which shall be held only
  3-15    after full and timely notice to the public.  Such meeting
  3-16    shall be held prior to the fixing of a ballot title.
  3-17    Neither the General Assembly nor its committees or
  3-18    agencies shall have any power to require the amendment,
  3-19    modification, or other alteration of the text of any such
  3-20    proposed measure or to establish deadlines for the
  3-21    submission of the original draft  of the text of any
  3-22    proposed measure.

  3-23      (g) The petition shall consist of sheets having such
  3-24    general form printed or written at the top thereof as
  3-25    shall be designated or prescribed by the Secretary of
  3-26    State.  Such petition shall be signed by registered
  3-27    electors in their own proper persons only, to which shall
  3-28    be attached the residence address of such person and the
  3-29    date of signing the same.  To each of such petitions,
  3-30    which may consist of one or more sheets, shall be attached
  3-31    an affidavit of some registered elector that each
  3-32    signature thereon is the signature of the person whose
  3-33    name it purports to be and that, to the best of the
  3-34    knowledge and belief of the affiant, each of the persons
  3-35    signing said petition was, at the time of signing, a
  3-36    registered elector.  Such petitions shall be verified by
  3-37    the Secretary of State's office as prescribed pursuant to
  3-38    law as to the signatures thereon being genuine and true
  3-39    and that the persons signing the same are registered
  3-40    electors.

  3-41      (h) The Secretary of State shall submit all measures
  3-42    initiated by or referred to the people for adoption or
  3-43    rejection at the polls, in compliance with this Paragraph.
  3-44    The text of all measures to be submitted shall be



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                                                   LC 9 7916

  4- 1    published as constitutional amendments are published; and,
  4- 2    in submitting the same and in all matters pertaining to
  4- 3    the form of all petitions, the Secretary of State and all
  4- 4    other officers shall be guided by the general laws.

  4- 5      (i) The style of all laws adopted by the people through
  4- 6    initiative shall be, 'Be It Enacted by the People of the
  4- 7    State of Georgia.'

  4- 8      (j) This Paragraph of the Constitution shall be in all
  4- 9    respects self-executing, except that the form of the
  4-10    initiative or referendum petition may be prescribed
  4-11    pursuant to law."

                         SECTION 2.

  4-12  The above proposed amendment to the Constitution shall be
  4-13  published and submitted as provided in Article X, Section I,
  4-14  Paragraph II of the Constitution.

  4-15  The ballot submitting the above proposed amendment shall
  4-16  have written or printed thereon the following:

  4-17    "(  ) YES Shall the Constitution be amended so as to
  4-18              reserve to the people the power to propose
  4-19     (  ) NO  laws and amendments to the Constitution of the
  4-20              State of Georgia, to enact or reject the same
  4-21              at the polls independent of the General
  4-22              Assembly, and to approve or reject any Act or
  4-23              any item, section, or part of any Act of the
  4-24              General Assembly; to provide for initiatives
  4-25              and referendums and the practices and
  4-26              procedures connected therewith; and to specify
  4-27              the powers of the General Assembly?"

  4-28  All persons desiring to vote in favor of ratifying the
  4-29  proposed amendment shall vote "Yes."  All persons desiring
  4-30  to vote against ratifying the proposed amendment shall vote
  4-31  "No."

  4-32  If such amendment shall be ratified as provided in said
  4-33  Paragraph of the Constitution, it shall become a part of the
  4-34  Constitution of this state.









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