SR 115 - Public Initiative - procedures, restrictions
Georgia Senate - 1995/1996 Sessions
SR 115 - Public Initiative - procedures, restrictions
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7
1. Hill 4th 2. Marable 52nd 3. Johnson 1st
Senate Comm: Judy / House Comm: /
Senate Vote: Yeas Nays
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Senate Action House
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1/27/95 Read 1st time
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Code Sections amended:
SR 11595 LC 24 0005
SENATE RESOLUTION 115
By: Senators Hill of the 4th, Marable of the 52nd
and Johnson of the 1st
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 and to repeal statutes and amendments to
1- 6 statutes; to provide procedures and restrictions connected
1- 7 therewith; to provide exceptions; to provide that the
1- 8 provisions shall be self-executing; to provide for the
1- 9 submission of this amendment for ratification or rejection;
1-10 and for other purposes.
1-11 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-12 Article III of the Constitution of Georgia is amended by
1-13 adding at the end thereof a new Section XI to read as
1-14 follows:
"SECTION XI.
1-15 PUBLIC INITIATIVE
1-16 Paragraph I. Power vested in the people. (a)
1-17 Notwithstanding any other provision of this Constitution,
1-18 the people of Georgia reserve to themselves the power,
1-19 through the process of obtaining the required number of
1-20 signatures of registered voters on an initiative petition
1-21 and submitting the petition to the registered voters of
1-22 the state for approval or rejection, which shall be known
1-23 as the initiative petition process, to enact or reject
1-24 statutes and amendments to statutes and amendments to the
1-25 Constitution and to repeal statutes and amendments to
1-26 statutes, provided that the people allow, prior to the
1-27 submission of the petition to the registered voters of the
1-28 state for approval or rejection, the General Assembly two
1-29 regular legislative sessions within which to act upon the
1-30 proposal contained in the petition. The people, through
1-31 the initiative petition process, shall have the power to
1-32 make all laws consistent with this Constitution, and not
1-33 repugnant to the Constitution of the United States, which
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2- 1 they shall deem necessary and proper for the welfare of
2- 2 the state.
2- 3 (b) If conflicting initiative petitions submitted to the
2- 4 people at the same general election are approved, the
2- 5 petition receiving the highest number of affirmative votes
2- 6 shall become law. If an initiative petition is defeated
2- 7 by the people voting in a general election, an initiative
2- 8 petition which contains essentially the same provisions
2- 9 shall not be submitted to the people at the next two
2-10 general elections.
2-11 (c) Each person signing an initiative petition shall
2-12 affix thereto his or her signature, residence address, and
2-13 the name of the county in which he or she is a registered
2-14 voter. A person who has signed a petition may strike his
2-15 or her name from the petition at any time prior to the
2-16 presentation of the petition to the Secretary of State.
2-17 The petition may consist of one or more documents, but
2-18 each document shall contain only the signatures of persons
2-19 residing in the same county, and each document shall have
2-20 affixed thereto an affidavit made by one of the signers of
2-21 such document to the effect that all of the signatures are
2-22 genuine and that each individual who signed such document
2-23 was at the time of signing a registered voter in the
2-24 county of his or her residence. The affidavit shall be
2-25 executed before a person authorized by law to administer
2-26 oaths in the State of Georgia.
2-27 (d) Any person who signs a name other than his or her
2-28 own on an initiative petition, or who knowingly signs his
2-29 or her name more than once for the same proposition at one
2-30 election, or who signs a petition knowing that he or she
2-31 is not a qualified registered voter shall be guilty of a
2-32 misdemeanor and, upon conviction, shall be punished by a
2-33 fine of not more than $1,000.00 or by imprisonment for not
2-34 more than one year, or both. Each petition shall include
2-35 a warning statement setting forth the preceding sentence.
2-36 (e) Any person who gives or receives money or anything
2-37 of value for signing an initiative petition, for obtaining
2-38 the signatures of others on an initiative petition, for
2-39 striking a signature from an initiative petition, or for
2-40 obtaining the retraction of signatures of others on an
2-41 initiative petition shall be guilty of a misdemeanor and,
2-42 upon conviction, shall be punished by a fine of not more
2-43 than $1,000.00 or by imprisonment for not more than one
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3- 1 year, or both. Each petition shall include a warning
3- 2 statement setting forth the preceding sentence.
3- 3 (f) Any person or committee which accepts contributions
3- 4 or makes expenditures designed to bring about the approval
3- 5 or rejection of any initiative petition shall be subject
3- 6 to requirements for public disclosure and reporting of
3- 7 such contributions and expenditures as provided by general
3- 8 law; provided, however, no person, organization, or
3- 9 political action committee shall be allowed to contribute
3-10 an aggregate amount in excess of $500.00 to any person or
3-11 committee which accepts contributions or makes
3-12 expenditures designed to bring about the approval or
3-13 rejection of any initiative petition.
3-14 Paragraph II. Initiative petitions process. (a) An
3-15 initiative petition shall be signed in each congressional
3-16 district by a number of registered voters equal to 10
3-17 percent or more of the number of voters who voted for the
3-18 candidates for the office of Governor in the last
3-19 preceding gubernatorial election in that congressional
3-20 district, and the total number of registered voters
3-21 signing the initiative petition shall be equal to 10
3-22 percent or more of the total number of voters within the
3-23 state who voted for the candidates for the office of
3-24 Governor in the last preceding gubernatorial election.
3-25 (b) An initiative petition shall be approved as to its
3-26 form by the Secretary of State. The Secretary of State
3-27 shall then send the petition to the General Assembly,
3-28 where the General Assembly shall have two regular
3-29 legislative sessions within which to act on the proposal
3-30 in the petition, for the purpose of providing to the
3-31 General Assembly the option to enact either an identical
3-32 constitutional amendment, statute, or amendment to a
3-33 statute or one with minor modifications which do not
3-34 subvert the main intent of the petition or to repeal the
3-35 statute or amendment to a statute or to reject the
3-36 constitutional amendment, statute, or amendment to a
3-37 statute or to reject the repeal of a statute or amendment
3-38 to a statute. Should the General Assembly enact the
3-39 constitutional amendment, statute, or amendment to a
3-40 statute in language identical to that of the petition, the
3-41 initiative petition process ends. Should the General
3-42 Assembly repeal the statute or amendment to a statute, the
3-43 initiative petition process also ends. Should the General
3-44 Assembly enact the constitutional amendment, statute, or
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4- 1 amendment to a statute with modifications to the language
4- 2 of the petition, any person may bring a direct action in
4- 3 the Supreme Court of Georgia to challenge whether the
4- 4 modifications meet the main intent test. Should such an
4- 5 action result in a ruling which declares that the
4- 6 modifications do not meet the main intent test, the
4- 7 petition as originally written shall be submitted for
4- 8 approval or disapproval by the voters of the entire state
4- 9 at the next regular general election, provided that the
4-10 ruling precedes the general election by at least 150 days.
4-11 Should the ruling not precede the general election by at
4-12 least 150 days, the petition shall be submitted for
4-13 approval or disapproval by the voters of the entire state
4-14 at the second general election following the ruling.
4-15 Should the General Assembly reject the constitutional
4-16 amendment, statute, or amendment to a statute or repeal of
4-17 a statute or amendment to a statute or fail to act
4-18 thereon, the petition shall be submitted for approval or
4-19 disapproval by the voters of the entire state at the next
4-20 general election provided that the General Assembly's
4-21 rejection of the amendment precedes the next general
4-22 election by at least 150 days. Should the General
4-23 Assembly's rejection of the constitutional amendment,
4-24 statute, or amendment to a statute or repeal of a statute
4-25 or amendment to a statute not precede the next general
4-26 election by at least 150 days, the petition shall be
4-27 submitted for approval or disapproval by the voters of the
4-28 entire state at the second general election following the
4-29 rejection.
4-30 (c)(1) An initiative petition proposing a
4-31 constitutional amendment shall state the full text of
4-32 the constitutional amendment, shall state the language
4-33 which is to appear on the ballot, and shall contain the
4-34 following enacting clause: 'BE IT RESOLVED BY THE PEOPLE
4-35 OF THE STATE OF GEORGIA:'. An initiative petition
4-36 proposing an amendment to the Constitution shall not
4-37 refer to more than one subject matter and shall not
4-38 contain matter different from what is expressed in the
4-39 title thereof.
4-40 (2) An initiative petition proposing a statute,
4-41 amendment to a statute, or repeal of a statute or
4-42 amendment to a statute shall state the full text of the
4-43 statute or amendment to a statute or statute or
4-44 amendment to a statute to be repealed and shall contain
4-45 the following enacting clause: 'BE IT ENACTED BY THE
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5- 1 PEOPLE OF THE STATE OF GEORGIA:'. No statute or section
5- 2 of the Official Code of Georgia Annotated shall be
5- 3 amended or repealed by mere reference to its title or to
5- 4 the number of the section of the Official Code of
5- 5 Georgia Annotated, but the amending or repealing Act
5- 6 shall distinctly describe the law to be amended or
5- 7 repealed as well as the alteration to be made. An
5- 8 initiative petition proposing a statute or amendment to
5- 9 a statute or repeal of a statute shall not refer to more
5-10 than one subject matter and shall not contain matter
5-11 different from what is expressed in the title thereof.
5-12 (d) Such initiative petition shall be filed with the
5-13 Secretary of State not less than 60 days before a regular
5-14 legislative session of the General Assembly. The Secretary
5-15 of State shall immediately proceed to examine each
5-16 petition filed and compute whether or not the proper
5-17 number of signatures appear on the petition. If the
5-18 petition contains less than the required number of
5-19 signatures, no further action shall be taken on such
5-20 petition. If the petition appears to contain the required
5-21 number of signatures, the Secretary of State shall certify
5-22 the total number of signatures appearing on the petition
5-23 and the total for each congressional district. If any
5-24 citizen shall furnish proof satisfactory to the Secretary
5-25 of State within 30 days following the date on which the
5-26 Secretary of State certifies the total number of
5-27 signatures appearing on the petition that 300 or more
5-28 signatures appearing on the petition are not the
5-29 signatures of registered voters or are duplicate
5-30 signatures or are not the genuine signatures of such
5-31 persons, the Secretary of State shall provide the election
5-32 officials of each county with a certified copy of the
5-33 petition or appropriate portions thereof. Such county
5-34 election officials shall examine the signatures appearing
5-35 on the petition and shall certify the number of signatures
5-36 of registered voters which appear on the petition to the
5-37 Secretary of State within 30 days following the receipt of
5-38 the copy of such petition. The Secretary of State shall
5-39 tabulate and certify the total number of valid signatures
5-40 appearing on the petition and shall certify whether the
5-41 necessary number of signatures appear on the petition. If
5-42 an insufficient number of signatures appear on the
5-43 petition, no further action shall be taken on such
5-44 petition. If the required number of signatures appear on
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6- 1 the petition, the Secretary of State shall proceed to send
6- 2 the petition to the General Assembly.
6- 3 (e) If the General Assembly fails to act within two
6- 4 regular legislative sessions or rejects the petition, or
6- 5 if the Supreme Court rules that any modification to the
6- 6 petition fails the main intent test, the Secretary of
6- 7 State shall cause the entire text of the proposed
6- 8 constitutional amendment, statute, or amendment to a
6- 9 statute or statute or amendment to a statute to be
6-10 repealed to be published in a newspaper of general
6-11 circulation in each congressional district of the state as
6-12 provided by law once each week for three consecutive weeks
6-13 immediately preceding the date of the general election at
6-14 which such proposed amendment is to be submitted.
6-15 (f)(1) Amendments to the Constitution proposed by
6-16 initiative petition shall appear on the ballots in the
6-17 same form as other proposed amendments. The provisions
6-18 of Article X, Section I, Paragraph VI of the
6-19 Constitution, relating to effective dates of amendments
6-20 to the Constitution, shall be applicable to amendments
6-21 proposed by initiative petition, except that any
6-22 amendment affecting taxation or relating to the raising
6-23 of revenue shall become effective on the first day of
6-24 the nineteenth month following its ratification.
6-25 (2) The Secretary of State, the Attorney General, and
6-26 the Governor shall examine each statute and each
6-27 amendment to a statute and statute to be repealed
6-28 proposed by an initiative petition and shall adopt
6-29 language to appear on the ballot which shall adequately
6-30 identify the measure to be voted upon. Such language
6-31 shall be in the form of a question and shall not imply
6-32 or suggest a vote either for or against such proposal.
6-33 Such ballot question shall be in essentially the
6-34 following form:
6-35 '( ) YES Shall the Act .............. be enacted by
6-36 the people and become the law of the State
6-37 ( ) NO of Georgia?'
6-38 All persons desiring to vote in favor of such proposed
6-39 statute or amendment becoming the law of the state or in
6-40 favor of the repeal of a statute shall vote 'Yes' and
6-41 those persons desiring to vote against the proposed
6-42 statute or amendment or repeal of a statute becoming the
6-43 law of the state shall vote 'No.' It shall be the duty
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7- 1 of the Secretary of State to tabulate the results of
7- 2 such election and to declare and certify the results
7- 3 thereof. If a majority of the voters voting on such
7- 4 question at such election vote for approval of such
7- 5 proposed statute or amendment to a statute or of such
7- 6 repeal of a statute, it shall become law and take effect
7- 7 on the thirtieth day following the election, except that
7- 8 any proposed statute or amendment to a statute which
7- 9 affects taxation or relates to the raising of revenue
7-10 shall become effective on the first day of the
7-11 nineteenth month following the election. If a majority
7-12 of such voters vote for disapproval of such statute or
7-13 amendment to a statute or repeal of a statute, no
7-14 further action shall be taken on such petition. An
7-15 initiative measure approved by the voters shall have the
7-16 same force of authority as a law enacted by the General
7-17 Assembly.
7-18 Paragraph III. Provisions of section self-executing;
7-19 legislative procedures. The provisions of this section
7-20 are self-executing but the General Assembly may provide by
7-21 law for procedures to facilitate the operation thereof."
SECTION 2.
7-22 The above proposed amendment to the Constitution shall be
7-23 published and submitted as provided in Article X, Section I,
7-24 Paragraph II of the Constitution.
7-25 The ballot submitting the above proposed amendment shall
7-26 have written or printed thereon the following:
7-27 "( ) YES Shall the Constitution be amended so as to
7-28 provide that the people of the State of
7-29 ( ) NO Georgia shall have the limited power through
7-30 initiative petition to enact or reject
7-31 statutes, amendments to statutes, and
7-32 amendments to the Constitution and to repeal
7-33 statutes and amendments to statutes?"
7-34 The ballot submitting the above proposed amendment shall
7-35 have written or printed thereon the following: All persons
7-36 desiring to vote in favor of ratifying the proposed
7-37 amendment shall vote "Yes." All persons desiring to vote
7-38 against ratifying the proposed amendment shall vote "No."
7-39 If such amendment shall be ratified as provided in said
7-40 Paragraph of the Constitution, it shall become a part of the
7-41 Constitution of this state.
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