Georgia House of Representatives - 1995/1996 Sessions

HR 99 - Initiative petition process - CA

Page Numbers - 1/ 2/ 3

1. Irvin  45th            2. Ehrhart  36th           3. Evans  28th
4. Pinholster  15th       5. Klein  39th             6. Johnson  97th


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 99                                             LC 11 8447






                             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  general statutes and amendments to the Constitution; to
  1- 5  provide procedures and restrictions connected therewith; to
  1- 6  provide exceptions; to provide that the provisions shall be
  1- 7  self-executing; to provide for the submission of this
  1- 8  amendment for ratification or rejection; and for other
  1- 9  purposes.

  1-10       BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-11  Article III, Section I of the Constitution of Georgia is
  1-12  amended by striking Paragraph I and inserting in its place a
  1-13  new Paragraph I to read as follows:

  1-14      "Paragraph I. Power vested in General Assembly; public
  1-15    initiative. (a)  The legislative power of the state shall
  1-16    be vested in a General Assembly which shall consist of a
  1-17    Senate and a House of Representatives; provided, however,
  1-18    that the people reserve to themselves the power to propose
  1-19    general laws and amendments to the Constitution and to
  1-20    enact or reject the same at the polls independent of the
  1-21    General Assembly.

  1-22      (b) The power reserved by the people under this
  1-23    Paragraph is the initiative, and signatures by at least
  1-24    10,000 registered electors in each congressional district
  1-25    shall be required to propose any measure by petition, and
  1-26    every such petition shall include the full text of the
  1-27    measure so proposed.  Initiative petitions for state
  1-28    legislation and amendments to the Constitution, in such
  1-29    form as may be prescribed pursuant to general law, shall
  1-30    be addressed to and filed with the Secretary of State at
  1-31    least three months before the general election at which
  1-32    they are to be voted upon.

  1-33      (c) The veto power of the Governor shall not extend to
  1-34    measures initiated by the people.  All elections on
  1-35    measures initiated by the people of this state shall be


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                                                  LC 11 8447

  2- 1    held at the biennial regular general election, and all
  2- 2    such measures shall become the law or a part of the
  2- 3    Constitution when approved by a majority of the votes cast
  2- 4    thereon, and not otherwise, and shall take effect from and
  2- 5    after the date of the official declaration of the vote
  2- 6    thereon by proclamation of the Governor but not later than
  2- 7    30 days after the vote has been canvassed.  This Paragraph
  2- 8    shall not be construed to deprive the General Assembly of
  2- 9    the power to enact any measure.

  2-10      (d) The original draft of the text of proposed initiated
  2-11    constitutional amendments and initiated general laws shall
  2-12    be submitted to the legislative research and drafting
  2-13    offices of the General Assembly for review and comment.
  2-14    No later than two weeks after submission of the original
  2-15    draft, unless withdrawn by proponents, the legislative
  2-16    research and drafting offices of the General Assembly
  2-17    shall render their comments to the proponents of the
  2-18    proposed measure at a meeting open to the public which
  2-19    shall be held only after full and timely notice to the
  2-20    public.  Such meeting shall be held prior to the fixing of
  2-21    a ballot title.  Neither the General Assembly nor its
  2-22    committees or agencies shall have any power to require the
  2-23    amendment, modification, or other alteration of the text
  2-24    of any such proposed measure or to establish deadlines for
  2-25    the submission of the original draft of the text of any
  2-26    proposed measure.

  2-27      (e) The petition shall consist of sheets having such
  2-28    general form printed or written at the top thereof as
  2-29    shall be designated or prescribed by the Secretary of
  2-30    State; such petition shall be signed by registered
  2-31    electors in their own proper persons only, to which shall
  2-32    be attached the residence address of such persons and the
  2-33    date of signing the same.  To each of such petitions,
  2-34    which may consist of one or more sheets, shall be attached
  2-35    an affidavit of some registered elector that each
  2-36    signature thereon is the signature of the person whose
  2-37    name it purports to be and that, to the best of the
  2-38    knowledge and belief of the affiant, each of the persons
  2-39    signing said petition was, at the time of signing, a
  2-40    registered elector.  Such petitions shall be verified by
  2-41    the Secretary of State's office as prescribed pursuant to
  2-42    general law as to the signatures thereon being genuine and
  2-43    true and that the persons signing the same are registered
  2-44    electors.



                                 -2- (Index)

                                                  LC 11 8447

  3- 1      (f) The Secretary of State shall submit all measures
  3- 2    initiated by the people for adoption or rejection at the
  3- 3    polls in compliance with this Paragraph.  The text of all
  3- 4    measures to be submitted shall be published as
  3- 5    constitutional amendments are published; and, in
  3- 6    submitting the same and in all matters pertaining to the
  3- 7    form of all petitions, the Secretary of State and all
  3- 8    other officers shall be guided by the general laws.

  3- 9      (g) The style of all general laws adopted by the people
  3-10    through initiative shall be, 'Be it Enacted by the People
  3-11    of the State of Georgia.'

  3-12      (h) This Paragraph of the Constitution shall be in all
  3-13    respects self-executing, except that the form of the
  3-14    initiative or referendum petition may be prescribed
  3-15    pursuant to general law."

                         SECTION 2.

  3-16  The above proposed amendment to the Constitution shall be
  3-17  published and submitted as provided in Article X, Section I,
  3-18  Paragraph II of the Constitution.

  3-19  The ballot submitting the above proposed amendment shall
  3-20  have written or printed thereon the following:

  3-21    "(  ) YES Shall the Constitution be amended so as to
  3-22              provide that the people of the State of
  3-23     (  ) NO  Georgia shall have the power through the
  3-24              initiative petition process to enact general
  3-25              statutes, amendments to general statutes, and
  3-26              amendments to the Constitution?"

  3-27  All persons desiring to vote in favor of ratifying the
  3-28  proposed amendment shall vote "Yes."  All persons desiring
  3-29  to vote against ratifying the proposed amendment shall vote
  3-30  "No."

  3-31  If such amendment shall be ratified as provided in said
  3-32  Paragraph of the Constitution, it shall become a part of the
  3-33  Constitution of this state.










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