HR 31 - Initiative petition process - CA
Georgia House of Representatives - 1995/1996 Sessions
HR 31 - Initiative petition process - CA
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8
1. Klein 39th 2. Sauder 29th 3. Hembree 98th
House Comm: Judy / Senate Comm: /
House Vote: Yeas Nays Senate Vote: Yeas Nays
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House Action Senate
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1/9/95 Read 1st Time
1/10/95 Read 2nd Time
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Rules Suspended to Introduce
Code Sections amended:
HR 31 LC 9 7976
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 statutes and amendments to statutes and amendments to the
1- 5 Constitution; 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 a new Section XI to read as
1-13 follows:
"SECTION XI.
1-14 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 statutes and amendments to statutes and amendments to the
1-24 Constitution, provided that any such proposed statute,
1-25 amendment to a statute, or amendment to the Constitution
1-26 has first been introduced in the General Assembly at any
1-27 time during a regular session which is held during the
1-28 first year of the term of office of members of the General
1-29 Assembly or before the tenth day of a regular session
1-30 which is held during the second year of the term of office
1-31 of members of the General Assembly and the General
1-32 Assembly has rejected or failed to act on such proposed
1-33 statute, amendment to a statute, or amendment to the
1-34 Constitution within the two years immediately preceding
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LC 9 7976
2- 1 the general election at which such proposals are to be
2- 2 presented to the voters through the initiative petition
2- 3 process provided for in this section. The people, through
2- 4 the initiative petition process, shall have the power to
2- 5 make all laws consistent with this Constitution, and not
2- 6 repugnant to the Constitution of the United States, which
2- 7 they shall deem necessary and proper for the welfare of
2- 8 the state.
2- 9 (b) If conflicting initiative petitions submitted to the
2-10 people at the same general election are approved, the
2-11 petition receiving the highest number of affirmative votes
2-12 shall become law as to all conflicting provisions. After
2-13 an initiative petition is defeated by the people voting in
2-14 a general election, an initiative petition which contains
2-15 essentially the same provisions shall not be submitted to
2-16 the people at the next two general elections.
2-17 (c) Each person signing an initiative petition shall
2-18 affix thereto his or her signature, residence address, and
2-19 the name of the county in which he or she is a registered
2-20 voter. A person who has signed a petition may strike his
2-21 or her name from the petition at any time prior to the
2-22 presentation of the petition to the Secretary of State.
2-23 The petition may consist of more than one document, but
2-24 each document shall contain only the signatures of persons
2-25 residing in the same county and shall have affixed thereto
2-26 an affidavit made by one of the signers of such document
2-27 to the effect that all of the signatures are genuine and
2-28 that each individual who signed such document was at the
2-29 time of signing a registered voter in the county of his or
2-30 her residence. The affidavit shall be executed before a
2-31 person authorized by law to administer oaths in the State
2-32 of Georgia.
2-33 (d) Any person who signs a name other than his or her
2-34 own on an initiative petition, or who knowingly signs his
2-35 or her name more than once for the same proposition at one
2-36 election, or who signs a petition knowing that he or she
2-37 is not a qualified registered elector shall be guilty of a
2-38 misdemeanor and, upon conviction, shall be punished by a
2-39 fine of not more than $1,000.00 or by imprisonment for not
2-40 more than one year, or both. Each petition shall include
2-41 a warning statement setting forth the preceding sentence.
2-42 (e) Any person who gives or receives money or anything
2-43 of value for signing an initiative petition, for obtaining
2-44 the signatures of others on an initiative petition, for
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LC 9 7976
3- 1 striking a signature from an initiative petition, or for
3- 2 obtaining the retraction of signatures of others on an
3- 3 initiative petition shall be guilty of a misdemeanor and,
3- 4 upon conviction, shall be punished by a fine of not more
3- 5 than $1,000.00 or by imprisonment for not more than one
3- 6 year, or both. Each petition shall include a warning
3- 7 statement setting forth the preceding sentence.
3- 8 (f) Any person or committee which accepts contributions
3- 9 or makes expenditures designed to bring about the approval
3-10 or rejection of any initiative petition shall be subject
3-11 to requirements for public disclosure and reporting of
3-12 such contributions and expenditures as provided by general
3-13 law; provided, however, no person, organization, or
3-14 political action committee shall be allowed to contribute
3-15 an aggregate amount in excess of $500.00 to any person or
3-16 committee which accepts contributions or makes
3-17 expenditures designed to bring about the approval or
3-18 rejection of any initiative petition.
3-19 Paragraph II. Initiative petitions proposing amendments
3-20 to the Constitution. (a) An initiative petition
3-21 proposing an amendment to the Constitution shall be
3-22 approved as to its form by the Secretary of State prior to
3-23 its circulation. An initiative petition proposing an
3-24 amendment to the Constitution shall be signed in each
3-25 congressional district by a number of registered voters
3-26 equal to 10 percent or more of the number of voters who
3-27 voted for the candidates for the office of Governor in the
3-28 last preceding gubernatorial election in that
3-29 congressional district, and the total number of registered
3-30 voters signing the initiative petition shall be equal to
3-31 10 percent or more of the total number of voters within
3-32 the state who voted for the candidates for the office of
3-33 Governor in the last preceding gubernatorial election.
3-34 The initiative petition shall state the full text of the
3-35 constitutional amendment, shall state the language which
3-36 is to appear on the ballot, and shall contain the
3-37 following enacting clause: 'BE IT RESOLVED BY THE PEOPLE
3-38 OF THE STATE OF GEORGIA:.' An initiative petition
3-39 proposing an amendment to the Constitution shall not refer
3-40 to more than one subject matter and shall not contain
3-41 matter different from what is expressed in the title
3-42 thereof. The language which is to appear on the ballot
3-43 shall be the same as the question contained in the
3-44 resolution proposing the amendment which was introduced
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4- 1 into the General Assembly and which is the subject of the
4- 2 initiative.
4- 3 (b) Such initiative petition proposing an amendment to
4- 4 the Constitution shall be filed with the Secretary of
4- 5 State not less than 150 days before any regular general
4- 6 election at which the question of approval or disapproval
4- 7 of such amendment may be voted upon by the voters of the
4- 8 entire state. The initiative petition shall not be
4- 9 amended or supplemented after it has been filed with the
4-10 Secretary of State. The Secretary of State shall
4-11 immediately proceed to examine each petition filed and
4-12 compute whether or not the proper number of signatures
4-13 appears on the petition. If the petition contains less
4-14 than the required number of signatures, no further action
4-15 shall be taken on such petition. If the petition appears
4-16 to contain the required number of signatures, the
4-17 Secretary of State shall certify the total number of
4-18 signatures appearing on the petition and the total for
4-19 each congressional district. If any citizen shall furnish
4-20 proof satisfactory to the Secretary of State within 30
4-21 days following the date on which the Secretary of State
4-22 certifies the total number of signatures appearing on the
4-23 petition that 300 or more signatures appearing on the
4-24 petition are not the signatures of registered voters or
4-25 are duplicate signatures or are not the genuine signatures
4-26 of such persons, the Secretary of State shall provide the
4-27 election officials of each county with a certified copy of
4-28 the petition or appropriate portions thereof. Such county
4-29 election officials shall examine the signatures appearing
4-30 on the petition and shall certify the number of signatures
4-31 of registered voters which appears on the petition to the
4-32 Secretary of State within 30 days following the receipt of
4-33 the copy of such petition. The Secretary of State shall
4-34 tabulate and certify the total number of valid signatures
4-35 appearing on the petition and shall certify whether the
4-36 necessary number of signatures appears on the petition.
4-37 If an insufficient number of signatures appear on the
4-38 petition, no further action shall be taken on such
4-39 petition. If the required number of signatures appears on
4-40 the petition, the Secretary of State shall proceed to
4-41 place the measure on the ballot. The Secretary of State
4-42 shall cause the entire text of the proposed amendment to
4-43 be published in a newspaper of general circulation in each
4-44 congressional district of the state as provided by law
4-45 once each week for three consecutive weeks immediately
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LC 9 7976
5- 1 preceding the date of the election at which such proposed
5- 2 amendment is to be submitted. Amendments to the
5- 3 Constitution proposed by initiative petition shall appear
5- 4 on the ballots in the same form as other proposed
5- 5 amendments. The provisions of Article X, Section I,
5- 6 Paragraph VI of the Constitution, relating to effective
5- 7 dates of amendments to the Constitution, shall be
5- 8 applicable to amendments proposed by initiative petition,
5- 9 except that any amendment affecting taxation or relating
5-10 to the raising of revenue shall become effective on the
5-11 first day of the nineteenth month following its
5-12 ratification. Except for the enacting clause, such
5-13 proposed amendment to the Constitution shall be identical
5-14 in wording to a resolution proposing an amendment to the
5-15 Constitution, or any version thereof, which has been
5-16 previously introduced into the General Assembly, either as
5-17 an original resolution or as a committee or floor
5-18 substitute to a resolution, and which was rejected by the
5-19 General Assembly or was one on which the General Assembly
5-20 failed to act within the term to which that General
5-21 Assembly was elected.
5-22 Paragraph III. Initiative petitions proposing statutes
5-23 and amendments to statutes. (a) An initiative petition
5-24 proposing a statute or an amendment to a statute shall be
5-25 approved as to its form by the Secretary of State prior to
5-26 its circulation. An initiative petition proposing a
5-27 statute or an amendment to a statute shall be signed in
5-28 each congressional district by a number of registered
5-29 voters equal to 10 percent or more of the number of voters
5-30 who voted for the candidates for the office of Governor in
5-31 the last preceding gubernatorial election in that
5-32 congressional district, but the total number of registered
5-33 voters within the state signing the initiative petition
5-34 shall be equal to 10 percent or more of the total number
5-35 of voters who voted for the candidates for the office of
5-36 Governor in the last preceding gubernatorial election. An
5-37 initiative petition proposing a statute or an amendment to
5-38 a statute shall not refer to more than one subject matter
5-39 and shall not contain matter different from what is
5-40 expressed in the title thereof. Such initiative petition
5-41 shall state the full text of the statute or an amendment
5-42 to a statute and shall contain the following enacting
5-43 clause: 'BE IT ENACTED BY THE PEOPLE OF THE STATE OF
5-44 GEORGIA:.' No statute or section of the Official Code of
5-45 Georgia Annotated shall be amended or repealed by mere
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6- 1 reference to its title or to the number of the section of
6- 2 the Official Code of Georgia Annotated, but the amending
6- 3 or repealing Act shall distinctly describe the law to be
6- 4 amended or repealed as well as the alteration to be made.
6- 5 Except for the enacting clause, such proposed statute or
6- 6 amendment shall be identical in wording to a bill, or any
6- 7 version thereof, which has been previously introduced into
6- 8 the General Assembly, either as an original bill or as a
6- 9 committee or floor substitute to a bill, and which was
6-10 rejected by the General Assembly or was one on which the
6-11 General Assembly failed to act within the term to which
6-12 that General Assembly was elected.
6-13 (b) Such initiative petition proposing a statute or an
6-14 amendment to a statute shall be filed with the Secretary
6-15 of State not less than 150 days before any regular general
6-16 election at which the question of approval or disapproval
6-17 of such statute or amendment to a statute may be voted
6-18 upon by the voters of the entire state. The initiative
6-19 petition shall not be amended or supplemented after it has
6-20 been filed with the Secretary of State. The Secretary of
6-21 State shall immediately proceed to examine each petition
6-22 filed and compute whether or not the proper number of
6-23 signatures appears on the petition. If the petition
6-24 contains less than the required number of signatures, no
6-25 further action shall be taken on such petition. If the
6-26 petition appears to contain the required number of
6-27 signatures, the Secretary of State shall certify the total
6-28 number of signatures appearing on the petition and the
6-29 total for each congressional district. If any citizen
6-30 shall furnish proof satisfactory to the Secretary of State
6-31 within 30 days following the date on which the Secretary
6-32 of State certifies the total number of signatures
6-33 appearing on the petition that 300 or more signatures
6-34 appearing on the petition are not the signatures of
6-35 registered voters or are duplicate signatures or are not
6-36 the genuine signatures of such persons, the Secretary of
6-37 State shall provide the election officials of each county
6-38 with a certified copy of the petition or appropriate
6-39 portions thereof. Such county election officials shall
6-40 examine the signatures appearing on the petition and shall
6-41 certify the number of signatures of registered voters
6-42 which appears on the petition to the Secretary of State
6-43 within 30 days following the receipt of the copy of such
6-44 petition. The Secretary of State shall tabulate and
6-45 certify the total number of valid signatures appearing on
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7- 1 the petition and shall certify whether the necessary
7- 2 number of signatures appears on the petition. If an
7- 3 insufficient number of signatures appears on the petition,
7- 4 no further action shall be taken on such petition. If the
7- 5 required number of signatures appears on the petition, the
7- 6 Secretary of State shall proceed to place the measure on
7- 7 the ballot. The Secretary of State shall cause the entire
7- 8 text of the proposed statute or amendment to a statute to
7- 9 be published in a newspaper of general circulation in each
7-10 congressional district of the state as provided by law
7-11 once each week for three consecutive weeks immediately
7-12 preceding the date of the election at which such proposed
7-13 statute or amendment to a statute is to be submitted. The
7-14 Secretary of State, the Attorney General, and the Governor
7-15 shall examine each statute and each amendment to a statute
7-16 proposed by an initiative petition and shall adopt
7-17 language to appear on the ballot which shall adequately
7-18 identify the measure to be voted upon. Such language
7-19 shall be in the form of a question and shall not imply or
7-20 suggest a vote either for or against such proposal. Such
7-21 ballot question shall be in essentially the following
7-22 form:
7-23 '( ) YES Shall the Act ...............be enacted by
7-24 the people and become the law of the State
7-25 ( ) NO of Georgia?'
7-26 All persons desiring to vote in favor of such proposed
7-27 statute or amendment becoming the law of the state shall
7-28 vote 'Yes' and those persons desiring to vote against the
7-29 proposed statute or amendment becoming the law of the
7-30 state shall vote 'No.'
7-31 It shall be the duty of the Secretary of State to
7-32 tabulate the results of such election and to declare and
7-33 certify the results thereof. If a majority of the voters
7-34 voting on such question at such election vote for approval
7-35 of such proposed statute or amendment to a statute, it
7-36 shall become law and take effect on the thirtieth day
7-37 following the election, except that any proposed statute
7-38 or amendment to a statute which affects taxation or
7-39 relates to the raising of revenue shall become effective
7-40 on the first day of the nineteenth month following the
7-41 election. If a majority of such voters vote for
7-42 disapproval of such statute or amendment to a statute, no
7-43 further action shall be taken on such petition. An
7-44 initiative measure approved by the voters shall have the
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8- 1 same force of authority as a law enacted by the General
8- 2 Assembly.
8- 3 Paragraph IV. Provisions of section self-executing;
8- 4 legislative procedures.. The provisions of this section
8- 5 are self-executing, but the General Assembly may provide
8- 6 by law for procedures to facilitate the operation
8- 7 thereof."
SECTION 2.
8- 8 The above proposed amendment to the Constitution shall be
8- 9 published and submitted as provided in Article X, Section I,
8-10 Paragraph II of the Constitution.
8-11 The ballot submitting the above proposed amendment shall
8-12 have written or printed thereon the following:
8-13 "( ) YES Shall the Constitution be amended so as to
8-14 provide that the people of the State of
8-15 ( ) NO Georgia shall have the power through the
8-16 process of obtaining the required number of
8-17 signatures of registered voters on an
8-18 initiative petition and submitting the
8-19 petition to the registered voters of the state
8-20 for approval or rejection, which shall be
8-21 known as the initiative petition process, to
8-22 enact or repeal statutes, amendments to
8-23 statutes, and amendments to the Constitution;
8-24 to provide procedures and restrictions
8-25 connected therewith; to provide exceptions;
8-26 and to provide that the provisions shall be
8-27 self-executing?"
8-28 All persons desiring to vote in favor of ratifying the
8-29 proposed amendment shall vote "Yes." All persons desiring
8-30 to vote against ratifying the proposed amendment shall vote
8-31 "No."
8-32 If such amendment shall be ratified as provided in said
8-33 Paragraph of the Constitution, it shall become a part of the
8-34 Constitution of this state.
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Last Updated on 01/02/97