SR 23 - Public Initiative - procedures, restrictions
Georgia Senate - 1995/1996 Sessions
SR 23 - Public Initiative - procedures, restrictions
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8
1. Thompson 33rd
Senate Comm: Judy / House Comm: /
Senate Vote: Yeas Nays
---------------------------------------------
Senate Action House
---------------------------------------------
1/10/95 Read 1st time
---------------------------------------------
Code Sections amended:
SR 23 95 LC 18 6491
SENATE RESOLUTION 23
By: Senator Thompson of the 33rd
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
S. R. 23
-1- (Index)
LC 18 6491
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
d d d iÿ 7@ d Ðÿ 7@ d 7ÿ 7@ d žÿ 7@ d ÿ 7@ d l ÿ 7@ d Ó ÿ
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 and that each individual who signed such
2-31 document has read or has had read to him or her the
2-32 proposal described in the petition. The affidavit shall
2-33 be executed before a person authorized by law to
2-34 administer oaths in the State of Georgia.
2-35 (d) Any person who signs a name other than his or her
2-36 own on an initiative petition, or who knowingly signs his
2-37 or her name more than once for the same proposition at one
2-38 election, or who signs a petition knowing that he or she
2-39 is not a qualified registered elector shall be guilty of a
2-40 misdemeanor and, upon conviction, shall be punished by a
2-41 fine of not more than $1,000.00 or by imprisonment for not
2-42 more than one year, or both. Each petition shall include
2-43 a warning statement setting forth the preceding sentence.
S. R. 23
-2- (Index)
LC 18 6491
3- 1 (e) Any person who gives or receives money or anything
3- 2 of value for signing an initiative petition, for obtaining
3- 3 the signatures of others on an initiative petition, for
3- 4 striking a signature from an initiative petition, or for
3- 5 obtaining the retraction of signatures of others on an
3- 6 initiative petition shall be guilty of a misdemeanor and,
3- 7 upon conviction, shall be punished by a fine of not more
3- 8 than $1,000.00 or by imprisonment for not more than one
3- 9 year, or both. Each petition shall include a warning
3-10 statement setting forth the preceding sentence.
3-11 (f) Any person or committee which accepts contributions
3-12 or makes expenditures designed to bring about the approval
3-13 or rejection of any initiative petition shall be subject
3-14 to requirements for public disclosure and reporting of
3-15 such contributions and expenditures as provided by general
3-16 law; provided, however, no person, organization, or
3-17 political action committee shall be allowed to contribute
3-18 an aggregate amount in excess of $500.00 to any person or
3-19 committee which accepts contributions or makes
3-20 expenditures designed to bring about the approval or
3-21 rejection of any initiative petition.
3-22 (g) Upon certification by the Secretary of State that
3-23 the initiative petition contains the required number of
3-24 signatures to be placed on the ballot as contemplated
3-25 under Paragraph II (b) and Paragraph III (b) of this
3-26 Section, not less than five (5) public forums shall be
3-27 held in each Congressional District, pursuant to
3-28 regulations issued by the Secretary of State, to provide
3-29 an opportunity for public deliberation of the proposal
3-30 described in the initiative petition.
3-31 Paragraph II. Initiative petitions proposing amendments
3-32 to the Constitution. (a) An initiative petition proposing
3-33 an amendment to the Constitution shall contain an accurate
3-34 description of such proposal and shall be approved as to
3-35 its form by the Secretary of State prior to its
3-36 circulation. An initiative petition proposing an
3-37 amendment to the Constitution shall be signed in each
3-38 congressional district by a number of registered voters
3-39 equal to 10 percent or more of the number of voters who
3-40 voted for the candidates for the office of Governor in the
3-41 last preceding gubernatorial election in that
3-42 congressional district, but the total number of registered
3-43 voters signing the initiative petition shall be equal to
3-44 12 percent or more of the total number of voters within
S. R. 23
-3- (Index)
LC 18 6491
4- 1 the state who voted for the candidates for the office of
4- 2 Governor in the last preceding gubernatorial election.
4- 3 The initiative petition shall state the full text of the
4- 4 constitutional amendment, shall state the language which
4- 5 is to appear on the ballot, and shall contain the
4- 6 following enacting clause: 'BE IT RESOLVED BY THE PEOPLE
4- 7 OF THE STATE OF GEORGIA:'. An initiative petition
4- 8 proposing an amendment to the Constitution shall not refer
4- 9 to more than one subject matter and shall not contain
4-10 matter different from what is expressed in the title
4-11 thereof. The language which is to appear on the ballot
4-12 shall be the same as the question contained in the
4-13 resolution proposing the amendment which was introduced
4-14 into the General Assembly and which is the subject of the
4-15 initiative.
4-16 (b) Such initiative petition proposing an amendment to
4-17 the Constitution shall be filed with the Secretary of
4-18 State not less than 150 days before any regular general
4-19 election at which the question of approval or disapproval
4-20 of such amendment may be voted upon by the voters of the
4-21 entire state. The initiative petition shall not be
4-22 amended or supplemented after it has been filed with the
4-23 Secretary of State. The Secretary of State shall
4-24 immediately proceed to examine each petition filed and
4-25 compute whether or not the proper number of signatures
4-26 appear on the petition. If the petition contains less
4-27 than the required number of signatures, no further action
4-28 shall be taken on such petition. If the petition appears
4-29 to contain the required number of signatures, the
4-30 Secretary of State shall certify the total number of
4-31 signatures appearing on the petition and the total for
4-32 each congressional district. If any citizen shall furnish
4-33 proof satisfactory to the Secretary of State within 30
4-34 days following the date on which the Secretary of State
4-35 certifies the total number of signatures appearing on the
4-36 petition that 300 or more signatures appearing on the
4-37 petition are not the signatures of registered voters or
4-38 are duplicate signatures or are not the genuine signatures
4-39 of such persons, the Secretary of State shall provide the
4-40 election officials of each county with a certified copy of
4-41 the petition or appropriate portions thereof. Such county
4-42 election officials shall examine the signatures appearing
4-43 on the petition and shall certify the number of signatures
4-44 of registered voters which appear on the petition to the
4-45 Secretary of State within 30 days following the receipt of
S. R. 23
-4- (Index)
LC 18 6491
5- 1 the copy of such petition. The Secretary of State shall
5- 2 tabulate and certify the total number of valid signatures
5- 3 appearing on the petition and shall certify whether the
5- 4 necessary number of signatures appear on the petition. If
5- 5 an insufficient number of signatures appear on the
5- 6 petition, no further action shall be taken on such
5- 7 petition. If the required number of signatures appear on
5- 8 the petition, the Secretary of State shall proceed to
5- 9 place the measure on the ballot. The Secretary of State
5-10 shall cause the entire text of the proposed amendment to
5-11 be published in a newspaper of general circulation in each
5-12 congressional district of the state as provided by law
5-13 once each week for three consecutive weeks immediately
5-14 preceding the date of the election at which such proposed
5-15 amendment is to be submitted. Amendments to the
5-16 Constitution proposed by initiative petition shall appear
5-17 on the ballots in the same form as other proposed
5-18 amendments. The provisions of Article X, Section I,
5-19 Paragraph VI of the Constitution, relating to effective
5-20 dates of amendments to the Constitution, shall be
5-21 applicable to amendments proposed by initiative petition,
5-22 except that any amendment affecting taxation or relating
5-23 to the raising of revenue shall become effective on the
5-24 first day of the nineteenth month following its
5-25 ratification. Except for the enacting clause, such
5-26 proposed amendment to the Constitution shall be identical
5-27 in wording to a resolution proposing an amendment to the
5-28 Constitution, or any version thereof, which has been
5-29 previously introduced into the General Assembly, either as
5-30 an original resolution or as a committee or floor
5-31 substitute to a resolution, and which was rejected by the
5-32 General Assembly or was one on which the General Assembly
5-33 failed to act within the term to which that General
5-34 Assembly was elected.
5-35 Paragraph III. Initiative petitions proposing statutes
5-36 and amendments to statutes. (a) An initiative petition
5-37 proposing a statute or an amendment to a statute shall be
5-38 approved as to its form by the Secretary of State prior to
5-39 its circulation. An initiative petition proposing a
5-40 statute or an amendment to a statute shall be signed in
5-41 each congressional district by a number of registered
5-42 voters equal to 10 percent or more of the number of voters
5-43 who voted for the candidates for the office of Governor in
5-44 the last preceding gubernatorial election in that
5-45 congressional district, but the total number of registered
S. R. 23
-5- (Index)
LC 18 6491
6- 1 voters within the state signing the initiative petition
6- 2 shall be equal to 12 percent or more of the total number
6- 3 of voters who voted for the candidates for the office of
6- 4 Governor in the last preceding gubernatorial election. An
6- 5 initiative petition proposing a statute or an amendment to
6- 6 a statute shall not refer to more than one subject matter
6- 7 and shall not contain matter different from what is
6- 8 expressed in the title thereof. Such initiative petition
6- 9 shall state the full text of the statute or an amendment
6-10 to a statute and shall contain the following enacting
6-11 clause: 'BE IT ENACTED BY THE PEOPLE OF THE STATE OF
6-12 GEORGIA:'. No statute or section of the Official Code of
6-13 Georgia Annotated shall be amended or repealed by mere
6-14 reference to its title or to the number of the section of
6-15 the Official Code of Georgia Annotated, but the amending
6-16 or repealing Act shall distinctly describe the law to be
6-17 amended or repealed as well as the alteration to be made.
6-18 Except for the enacting clause, such proposed statute or
6-19 amendment shall be identical in wording to a bill, or any
6-20 version thereof, which has been previously introduced into
6-21 the General Assembly, either as an original bill or as a
6-22 committee or floor substitute to a bill, and which was
6-23 rejected by the General Assembly or was one on which the
6-24 General Assembly failed to act within the term to which
6-25 that General Assembly was elected.
6-26 (b) Such initiative petition proposing a statute or an
6-27 amendment to a statute shall be filed with the Secretary
6-28 of State not less than 150 days before any regular general
6-29 election at which the question of approval or disapproval
6-30 of such statute or amendment to a statute may be voted
6-31 upon by the voters of the entire state. The initiative
6-32 petition shall not be amended or supplemented after it has
6-33 been filed with the Secretary of State. The Secretary of
6-34 State shall immediately proceed to examine each petition
6-35 filed and compute whether or not the proper number of
6-36 signatures appear on the petition. If the petition
6-37 contains less than the required number of signatures, no
6-38 further action shall be taken on such petition. If the
6-39 petition appears to contain the required number of
6-40 signatures, the Secretary of State shall certify the total
6-41 number of signatures appearing on the petition and the
6-42 total for each congressional district. If any citizen
6-43 shall furnish proof satisfactory to the Secretary of State
6-44 within 30 days following the date on which the Secretary
6-45 of State certifies the total number of signatures
S. R. 23
-6- (Index)
LC 18 6491
7- 1 appearing on the petition that 300 or more signatures
7- 2 appearing on the petition are not the signatures of
7- 3 registered voters or are duplicate signatures or are not
7- 4 the genuine signatures of such persons, the Secretary of
7- 5 State shall provide the election officials of each county
7- 6 with a certified copy of the petition or appropriate
7- 7 portions thereof. Such county election officials shall
7- 8 examine the signatures appearing on the petition and shall
7- 9 certify the number of signatures of registered voters
7-10 which appear on the petition to the Secretary of State
7-11 within 30 days following the receipt of the copy of such
7-12 petition. The Secretary of State shall tabulate and
7-13 certify the total number of valid signatures appearing on
7-14 the petition and shall certify whether the necessary
7-15 number of signatures appear on the petition. If an
7-16 insufficient number of signatures appear on the petition,
7-17 no further action shall be taken on such petition. If the
7-18 required number of signatures appear on the petition, the
7-19 Secretary of State shall proceed to place the measure on
7-20 the ballot. The Secretary of State shall cause the entire
7-21 text of the proposed statute or amendment to a statute to
7-22 be published in a newspaper of general circulation in each
7-23 congressional district of the state as provided by law
7-24 once each week for three consecutive weeks immediately
7-25 preceding the date of the election at which such proposed
7-26 statute or amendment to a statute is to be submitted. The
7-27 Secretary of State, the Attorney General, and the Governor
7-28 shall examine each statute and each amendment to a statute
7-29 proposed by an initiative petition and shall adopt
7-30 language to appear on the ballot which shall adequately
7-31 identify the measure to be voted upon. Such language
7-32 shall be in the form of a question and shall not imply or
7-33 suggest a vote either for or against such proposal. Such
7-34 ballot question shall be in essentially the following
7-35 form:
7-36 '( ) YES Shall the Act ___________________ be enacted
7-37 by the people and become the law of the
7-38 ( ) NO State of Georgia?'
7-39 All persons desiring to vote in favor of such proposed
7-40 statute or amendment becoming the law of the state shall
7-41 vote 'Yes' and those persons desiring to vote against the
7-42 proposed statute or amendment becoming the law of the
7-43 state shall vote 'No.' It shall be the duty of the
7-44 Secretary of State to tabulate the results of such
7-45 election and to declare and certify the results thereof.
S. R. 23
-7- (Index)
LC 18 6491
8- 1 If a majority of the voters voting on such question at
8- 2 such election vote for approval of such proposed statute
8- 3 or amendment to a statute, it shall become law and take
8- 4 effect on the thirtieth day following the election, except
8- 5 that any proposed statute or amendment to a statute which
8- 6 affects taxation or relates to the raising of revenue
8- 7 shall become effective on the first day of the nineteenth
8- 8 month following the election. If a majority of such
8- 9 voters vote for disapproval of such statute or amendment
8-10 to a statute, no further action shall be taken on such
8-11 petition. An initiative measure approved by the voters
8-12 shall have the same force of authority as a law enacted by
8-13 the General Assembly.
8-14 Paragraph IV. Provisions of section self-executing;
8-15 legislative procedures. The provisions of this section
8-16 are self-executing but the legislature may provide by law
8-17 for procedures to facilitate the operation thereof."
SECTION 2.
8-18 The above proposed amendment to the Constitution shall be
8-19 published and submitted as provided in Article X, Section I,
8-20 Paragraph II of the Constitution.
8-21 The ballot submitting the above proposed amendment shall
8-22 have written or printed thereon the following:
8-23 "( ) YES Shall the Constitution be amended so as to
8-24 provide that the people of the State of
8-25 ( ) NO Georgia shall have the power through the
8-26 initiative petition process to enact or repeal
8-27 statutes, amendments to statutes, and
8-28 amendments to the Constitution?"
8-29 All persons desiring to vote in favor of ratifying the
8-30 proposed amendment shall vote "Yes." All persons desiring
8-31 to vote against ratifying the proposed amendment shall vote
8-32 "No."
8-33 If such amendment shall be ratified as provided in said
8-34 Paragraph of the Constitution, it shall become a part of the
8-35 Constitution of this state.
S. R. 23
-8- (Index)
Office of the Secretary of the Senate
Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97