HR 3 - Initiative petition; power to enact, reject, or amend - CA
Georgia House of Representatives - 1995/1996 Sessions
HR 3 - Initiative petition; power to enact, reject, or amend - CA
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9
1. Kaye 37th 2. Lifsey 6th 3. Bunn 74th
4. Mills 21st 5. Johnson 97th 6. Johnston 81st
House Comm: Judy / Senate Comm: /
House Vote: Yeas Nays Senate Vote: Yeas Nays
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House Action Senate
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1/23/95 Read 1st Time
1/24/95 Read 2nd Time
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Code Sections amended:
HR 3 LC 18 6411
A RESOLUTION
1- 1 Proposing an amendment to the Constitution so as to provide
1- 2 that the people of the State of Georgia shall have the power
1- 3 to enact or reject, by the initiative petition process,
1- 4 amendments to the Constitution and statutes and amendments
1- 5 to statutes; to provide procedures and restrictions
1- 6 connected therewith; to provide exceptions; to provide that
1- 7 the provisions shall be self-executing; to provide for the
1- 8 submission of this amendment for ratification or rejection;
1- 9 and for other purposes.
1-10 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-11 Article III of the Constitution of Georgia is amended by
1-12 adding at the end thereof new Sections XI and Section XII to
1-13 read as follows:
"SECTION XI.
1-14 CONSTITUTIONAL PUBLIC INITIATIVE
1-15 Paragraph I. Power vested in the people. (a)
1-16 Notwithstanding any other provision of this Constitution,
1-17 the people of Georgia reserve to themselves the power,
1-18 through the process of obtaining the required number of
1-19 signatures of registered voters on an initiative petition
1-20 and submitting the petition to the registered voters of
1-21 the state for approval or rejection, which shall be known
1-22 as the initiative petition process, to enact or repeal
1-23 amendments to the Constitution. The people, through the
1-24 initiative petition process, shall have the power to make
1-25 all amendments to this Constitution which are not
1-26 repugnant to the Constitution of the United States and
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1-28 of the state.
1-29 (b) If conflicting initiative petitions submitted to the
1-30 people at the same general election are approved, the
1-31 petition receiving the highest number of affirmative votes
1-32 shall become law as to all conflicting provisions.
-1- (Index)
LC 18 6411
2- 1 (c) Each person signing an initiative petition shall
2- 2 affix thereto his or her signature, residence address, and
2- 3 the name of the county in which he or she is a registered
2- 4 voter. A person who has signed a petition may strike his
2- 5 or her name from the petition at any time prior to the
2- 6 presentation of the petition to the Secretary of State.
2- 7 The petition may consist of more than one document, but
2- 8 each document shall contain only the signatures of persons
2- 9 residing in the same county and shall have affixed thereto
2-10 an affidavit made by one of the signers of such document
2-11 to the effect that all of the signatures are genuine and
2-12 that each individual who signed such document was at the
2-13 time of signing a registered voter in the county of his or
2-14 her residence. The affidavit shall be executed before a
2-15 person authorized by law to administer oaths in the State
2-16 of Georgia.
2-17 (d) Any person who signs a name other than his or her
2-18 own on an initiative petition, or who knowingly signs his
2-19 or her name more than once for the same proposition at one
2-20 election, or who signs a petition knowing that he or she
2-21 is not a qualified registered elector shall be guilty of a
2-22 misdemeanor and, upon conviction, shall be punished by a
2-23 fine of not more than $1,000.00 or by imprisonment for not
2-24 more than one year, or both. Each petition shall include
2-25 a warning statement setting forth the preceding sentence.
2-26 (e) Any person who gives or receives money or anything
2-27 of value for signing an initiative petition, for obtaining
2-28 the signatures of others on an initiative petition, for
2-29 striking a signature from an initiative petition, or for
2-30 obtaining the retraction of signatures of others on an
2-31 initiative petition shall be guilty of a misdemeanor and,
2-32 upon conviction, shall be punished by a fine of not more
2-33 than $1,000.00 or by imprisonment for not more than one
2-34 year, or both. Each petition shall include a warning
2-35 statement setting forth the preceding sentence.
2-36 (f) Any person or committee which accepts contributions
2-37 or makes expenditures designed to bring about the approval
2-38 or rejection of any initiative petition shall be subject
2-39 to requirements for public disclosure and reporting of
2-40 such contributions and expenditures as provided by general
2-41 law; provided, however, no person, organization, or
2-42 political action committee shall be allowed to contribute
2-43 an aggregate amount in excess of the maximum allowable
2-44 amount specified by general law which may be contributed
-2- (Index)
LC 18 6411
3- 1 to a candidate for state-wide office in any election to
3- 2 any person or committee which accepts contributions or
3- 3 makes expenditures designed to bring about the approval or
3- 4 rejection of any initiative petition.
3- 5 Paragraph II. Initiative petitions proposing amendments
3- 6 to the Constitution. (a) An initiative petition proposing
3- 7 an amendment to the Constitution shall be approved as to
3- 8 its form by the Secretary of State prior to its
3- 9 circulation. An initiative petition proposing an
3-10 amendment to the Constitution shall be signed by a number
3-11 of registered voters equal to 10 percent or more of the
3-12 number of voters who voted for the candidates for the
3-13 office of Governor in the last preceding gubernatorial
3-14 election. Not more than 25 percent of the total number of
3-15 persons signing such initiative petition shall be from any
3-16 one county. The initiative petition shall state the full
3-17 text of the constitutional amendment, shall state the
3-18 language which is to appear on the ballot, and shall
3-19 contain the following enacting clause: 'BE IT RESOLVED BY
3-20 THE PEOPLE OF THE STATE OF GEORGIA:'. An initiative
3-21 petition proposing an amendment to the Constitution shall
3-22 not refer to more than one subject matter and shall not
3-23 contain matter different from what is expressed in the
3-24 title thereof. The language which is to appear on the
3-25 ballot shall be the same as the question contained in the
3-26 resolution proposing the amendment which was introduced
3-27 into the General Assembly and which is the subject of the
3-28 initiative.
3-29 (b) Signatures for an initiative petition proposing an
3-30 amendment to the Constitution shall be collected for a
3-31 period of time not to exceed six consecutive months prior
3-32 to the petition being filed with the Secretary of State.
3-33 Such petition shall be filed with the Secretary of State
3-34 not less than 90 days before any regular general election
3-35 at which the question of approval or disapproval of such
3-36 amendment may be voted upon by the voters of the entire
3-37 state. Except as provided in this subparagraph, the
3-38 initiative petition shall not be amended or supplemented
3-39 after it has been filed with the Secretary of State. The
3-40 Secretary of State shall immediately proceed to examine
3-41 each petition filed and compute whether or not the proper
3-42 number of signatures appear on the petition. If the
3-43 petition contains less than the required number of
3-44 signatures or is otherwise declared incomplete, the
3-45 Secretary of State shall allow 15 days for such petition
-3- (Index)
LC 18 6411
4- 1 to be amended or supplemented by the sponsors. If the
4- 2 petition appears to contain the required number of
4- 3 signatures, the Secretary of State shall certify the total
4- 4 number of signatures appearing on the petition and the
4- 5 total for each county. If any citizen shall furnish proof
4- 6 satisfactory to the Secretary of State within 30 days
4- 7 following the date on which the Secretary of State
4- 8 certifies the total number of signatures appearing on the
4- 9 petition that a number of signatures on such petition
4-10 equal to or greater than 1/2 of 1 percent of the total
4-11 number of voters who voted for the candidates for the
4-12 office of Governor in the last preceding gubernatorial
4-13 election appearing on the petition are not the signatures
4-14 of registered voters or are duplicate signatures or are
4-15 not the genuine signatures of such persons, the Secretary
4-16 of State shall provide the election officials of each
4-17 county with a certified copy of the petition or
4-18 appropriate portions thereof. Such county election
4-19 officials shall examine the signatures appearing on the
4-20 petition and shall certify the number of signatures of
4-21 registered voters which appear on the petition to the
4-22 Secretary of State within 30 days following the receipt of
4-23 the copy of such petition. The Secretary of State shall
4-24 tabulate and certify the total number of valid signatures
4-25 appearing on the petition and shall certify whether the
4-26 necessary number of signatures appear on the petition. If
4-27 an insufficient number of signatures appear on the
4-28 petition, no further action shall be taken on such
4-29 petition. If the required number of signatures appear on
4-30 the petition, the Secretary of State shall proceed to
4-31 place the measure on the ballot. The Secretary of State
4-32 shall cause the entire text of the proposed amendment to
4-33 be published in a newspaper of general circulation in each
4-34 county of the state as provided by law once each week for
4-35 three consecutive weeks immediately preceding the date of
4-36 the election at which such proposed amendment is to be
4-37 submitted. Amendments to the Constitution proposed by
4-38 initiative petition shall appear on the ballots in the
4-39 same form as other proposed amendments. The provisions of
4-40 Article X, Section I, Paragraph VI of the Constitution,
4-41 relating to effective dates of amendments to the
4-42 Constitution, shall be applicable to amendments proposed
4-43 by initiative petition.
4-44 Paragraph III. Provisions of section self-executing;
4-45 legislative procedures. The provisions of this section
-4- (Index)
LC 18 6411
5- 1 are self-executing but the General Assembly may provide by
5- 2 law for procedures to facilitate the operation thereof.
SECTION XII.
5- 3 STATUTORY PUBLIC INITIATIVE
5- 4 Paragraph I. Power vested in the people. (a)
5- 5 Notwithstanding any other provision of this Constitution,
5- 6 the people of Georgia reserve to themselves the power,
5- 7 through the process of obtaining the required number of
5- 8 signatures of registered voters on an initiative petition
5- 9 and submitting the petition to the registered voters of
5-10 the state for approval or rejection, which shall be known
5-11 as the initiative petition process, to enact or repeal
5-12 statutes and amendments to statutes. The people, through
5-13 the initiative petition process, shall have the power to
5-14 make all laws consistent with this Constitution, and not
5-15 repugnant to the Constitution of the United States, which
5-16 they shall deem necessary and proper for the welfare of
5-17 the state.
5-18 (b) If conflicting initiative petitions submitted to the
5-19 people at the same general election are approved, the
5-20 petition receiving the highest number of affirmative votes
5-21 shall become law as to all conflicting provisions.
5-22 (c) Each person signing an initiative petition shall
5-23 affix thereto his or her signature, residence address, and
5-24 the name of the county in which he or she is a registered
5-25 voter. A person who has signed a petition may strike his
5-26 or her name from the petition at any time prior to the
5-27 presentation of the petition to the Secretary of State.
5-28 The petition may consist of more than one document, but
5-29 each document shall contain only the signatures of persons
5-30 residing in the same county and shall have affixed thereto
5-31 an affidavit made by one of the signers of such document
5-32 to the effect that all of the signatures are genuine and
5-33 that each individual who signed such document was at the
5-34 time of signing a registered voter in the county of his or
5-35 her residence. The affidavit shall be executed before a
5-36 person authorized by law to administer oaths in the State
5-37 of Georgia.
5-38 (d) Any person who signs a name other than his or her
5-39 own on an initiative petition or who knowingly signs his
5-40 or her name more than once for the same proposition at one
5-41 election or who signs a petition knowing that he or she is
5-42 not a qualified registered elector shall be guilty of a
-5- (Index)
LC 18 6411
6- 1 misdemeanor and, upon conviction, shall be punished by a
6- 2 fine of not more than $1,000.00 or by imprisonment for not
6- 3 more than one year, or both. Each petition shall include
6- 4 a warning statement setting forth the preceding sentence.
6- 5 (e) Any person who gives or receives money or anything
6- 6 of value for signing an initiative petition, for obtaining
6- 7 the signatures of others on an initiative petition, for
6- 8 striking a signature from an initiative petition, or for
6- 9 obtaining the retraction of signatures of others on an
6-10 initiative petition shall be guilty of a misdemeanor and,
6-11 upon conviction, shall be punished by a fine of not more
6-12 than $1,000.00 or by imprisonment for not more than one
6-13 year, or both. Each petition shall include a warning
6-14 statement setting forth the preceding sentence.
6-15 (f) Any person or committee which accepts contributions
6-16 or makes expenditures designed to bring about the approval
6-17 or rejection of any initiative petition shall be subject
6-18 to requirements for public disclosure and reporting of
6-19 such contributions and expenditures as provided by general
6-20 law; provided, however, no person, organization, or
6-21 political action committee shall be allowed to contribute
6-22 an aggregate amount in excess of the maximum allowable
6-23 amount specified by general law which may be contributed
6-24 to a candidate for state-wide office in any election to
6-25 any person or committee which accepts contributions or
6-26 makes expenditures designed to bring about the approval or
6-27 rejection of any initiative petition.
6-28 Paragraph II. Initiative petitions proposing statutes
6-29 and amendments to statutes. (a) An initiative petition
6-30 proposing a statute or an amendment to a statute shall be
6-31 approved as to its form by the Secretary of State prior to
6-32 its circulation. An initiative petition proposing a
6-33 statute or an amendment to a statute shall be signed by a
6-34 number of registered voters equal to 8 percent or more of
6-35 the number of voters who voted for the candidates for the
6-36 office of Governor in the last preceding gubernatorial
6-37 election. Not more than 25 percent of the total number of
6-38 persons signing such initiative petition shall be from any
6-39 one county. An initiative petition proposing a statute or
6-40 an amendment to a statute shall not refer to more than one
6-41 subject matter and shall not contain matter different from
6-42 what is expressed in the title thereof. Such initiative
6-43 petition shall state the full text of the statute or an
6-44 amendment to a statute and shall contain the following
-6- (Index)
LC 18 6411
7- 1 enacting clause: 'BE IT ENACTED BY THE PEOPLE OF THE
7- 2 STATE OF GEORGIA:'. No statute or Code section of the
7- 3 Official Code of Georgia Annotated shall be amended or
7- 4 repealed by mere reference to its title or to the number
7- 5 of the Code section of the Official Code of Georgia
7- 6 Annotated, but the amending or repealing Act shall
7- 7 distinctly describe the law to be amended or repealed as
7- 8 well as the alteration to be made.
7- 9 (b) Signatures for an initiative petition proposing a
7-10 statute or an amendment to a statute shall only be
7-11 collected for a period not to exceed six consecutive
7-12 months prior to the petition's being filed with the
7-13 Secretary of State. Such petition shall be filed with the
7-14 Secretary of State not less than 90 days before any
7-15 regular general election at which the question of approval
7-16 or disapproval of such statute or amendment to a statute
7-17 may be voted upon by the voters of the entire state.
7-18 Except as provided in this subparagraph, the initiative
7-19 petition shall not be amended or supplemented after it has
7-20 been filed with the Secretary of State. The Secretary of
7-21 State shall immediately proceed to examine each petition
7-22 filed and compute whether or not the proper number of
7-23 signatures appear on the petition. If the petition
7-24 contains less than the required number of signatures or is
7-25 otherwise declared incomplete, the Secretary of State
7-26 shall allow 15 days for each petition to be amended or
7-27 supplemented by the sponsors. If the petition appears to
7-28 contain the required number of signatures, the Secretary
7-29 of State shall certify the total number of signatures
7-30 appearing on the petition. If any citizen shall furnish
7-31 proof satisfactory to the Secretary of State within 30
7-32 days following the date on which the Secretary of State
7-33 certifies the total number of signatures appearing on the
7-34 petition that a number of signatures on such petition
7-35 equal to or greater than 1/2 of 1 percent of the total
7-36 number of voters who voted for the candidates for the
7-37 office of Governor in the last preceding gubernatorial
7-38 election appearing on the petition are not the signatures
7-39 of registered voters or are duplicate signatures or are
7-40 not the genuine signatures of such persons, the Secretary
7-41 of State shall provide the election officials of each
7-42 county with a certified copy of the petition or
7-43 appropriate portions thereof. Such county election
7-44 officials shall examine the signatures appearing on the
7-45 petition and shall certify the number of signatures of
-7- (Index)
LC 18 6411
8- 1 registered voters which appear on the petition to the
8- 2 Secretary of State within 30 days following the receipt of
8- 3 the copy of such petition. The Secretary of State shall
8- 4 tabulate and certify the total number of valid signatures
8- 5 appearing on the petition and shall certify whether the
8- 6 necessary number of signatures appear on the petition. If
8- 7 an insufficient number of signatures appear on the
8- 8 petition, no further action shall be taken on such
8- 9 petition. If the required number of signatures appear on
8-10 the petition, the Secretary of State shall proceed to
8-11 place the measure on the ballot. The Secretary of State
8-12 shall cause the entire text of the proposed statute or
8-13 amendment to a statute to be published in a newspaper of
8-14 general circulation in each county of the state as
8-15 provided by law once each week for three consecutive weeks
8-16 immediately preceding the date of the election at which
8-17 such proposed statute or amendment to a statute is to be
8-18 submitted. The Secretary of State, the Attorney General,
8-19 and the Governor shall examine each statute and each
8-20 amendment to a statute proposed by an initiative petition
8-21 and shall adopt language to appear on the ballot which
8-22 shall adequately identify the measure to be voted upon.
8-23 Such language shall be in the form of a question and shall
8-24 not imply or suggest a vote either for or against such
8-25 proposal. Such ballot question shall be in essentially
8-26 the following form:
8-27 '( ) YES Shall the Act ___________________ be enacted
8-28 by the people and become the law of the
8-29 ( ) NO State of Georgia?'
8-30 All persons desiring to vote in favor of such proposed
8-31 statute or amendment becoming the law of the state shall
8-32 vote 'Yes' and those persons desiring to vote against the
8-33 proposed statute or amendment becoming the law of the
8-34 state shall vote 'No.' It shall be the duty of the
8-35 Secretary of State to tabulate the results of such
8-36 election and to declare and certify the results thereof.
8-37 If a majority of the voters voting on such question at
8-38 such election vote for approval of such proposed statute
8-39 or amendment to a statute, it shall become law and take
8-40 effect on January 1 immediately following the election,
8-41 except that any proposed statute or amendment to a statute
8-42 which affects taxation or relates to the raising of
8-43 revenue shall become effective on July 1 immediately
8-44 following the election. If a majority of such voters vote
8-45 for disapproval of such statute or amendment to a statute,
-8- (Index)
LC 18 6411
9- 1 no further action shall be taken on such petition. An
9- 2 initiative measure approved by the voters shall have the
9- 3 same force of authority as a law enacted by the General
9- 4 Assembly; provided, however, that such initiative measure
9- 5 shall not be subject to veto by the Governor and shall not
9- 6 be subject to amendment or repeal by the General Assembly
9- 7 for a period of two years following its approval under
9- 8 this Paragraph. Following such period, such measure may be
9- 9 amended or repealed upon a two-thirds' vote of the members
9-10 elected to each branch of the General Assembly.
9-11 Paragraph III. Provisions of section self-executing;
9-12 legislative procedures. The provisions of this section
9-13 are self-executing, but the General Assembly may provide
9-14 by law for procedures to facilitate the operation
9-15 thereof."
SECTION 2.
9-16 The above proposed amendment to the Constitution shall be
9-17 published and submitted as provided in Article X, Section I,
9-18 Paragraph II of the Constitution.
9-19 The ballot submitting the above proposed amendment shall
9-20 have written or printed thereon the following:
9-21 "( ) YES Shall the Constitution be amended so as to
9-22 provide that the people of the State of
9-23 ( ) NO Georgia shall have the power through the
9-24 initiative petition process to enact or repeal
9-25 amendments to the Constitution and statutes or
9-26 amendments to statutes?"
9-27 All persons desiring to vote in favor of ratifying the
9-28 proposed amendment shall vote "Yes." All persons desiring
9-29 to vote against ratifying the proposed amendment shall vote
9-30 "No."
9-31 If such amendment shall be ratified as provided in said
9-32 Paragraph of the Constitution, it shall become a part of the
9-33 Constitution of this state.
-9- (Index)
Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97