SR 4 - Public Initiative - proce- dures, restrictions
Georgia Senate - 1995/1996 Sessions
SR 4 - Public Initiative - proce- dures, restrictions
Page Numbers - 1/ 2/ 3/ 4
1. McGuire 30th 2. Edge 28th 3. Newbill 56th
Senate Comm: Judy / House Comm: Rules / Judy
Senate Vote: Yeas 48 Nays 6
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Senate Action House
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1/10/95 Read 1st time 3/8/95
2/22/95 Favorably Reported
2/27/95 Read 2nd Time 3/9/95
Committed 1/22/96*
3/7/95 Read 3rd Time
3/7/95 Passed/Adopted
FA Comm/Floor Amend/Sub
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*1/22/96 Withdrawn from Rules and recommitted to Judiciary Committee in House.
*3/5/96 Notice of motion to instruct committee to report in House.
*3/12/96 Notice of motion to instruct committee to report in House.
*3/13/96 Motion to instruct committee to report LOST in House.
Code Sections amended:
SR 4 95 SR4/FA/4
SENATE RESOLUTION 4
By: Senators McGuire of the 30th, Edge of the 28th,
Newbill of the 56th and others
A RESOLUTION
1- 1 Proposing an amendment to the Constitution so as to reserve
1- 2 to the people of the state the power to propose laws and
1- 3 amendments to the Constitution and to enact or reject the
1- 4 same; to provide procedures and restrictions connected
1- 5 therewith; to provide for the submission of this amendment
1- 6 for ratification or rejection; and for other purposes.
1- 7 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1- 8 Article III of the Constitution of Georgia is amended by
1- 9 adding at the end thereof a new Section XI to read as
1-10 follows:
"SECTION XI
1-11 PUBLIC INITIATIVE
1-12 Paragraph I. Power vested in the people. (a) The
1-13 legislative power of the state shall be vested in the
1-14 General Assembly which shall consist of a Senate and House
1-15 of Representatives, both to be elected by the people, but
1-16 the people reserve to themselves the power to propose laws
1-17 and amendments to the Constitution and to enact or reject
1-18 the same at the polls independent of the General Assembly
1-19 and also reserve power at their own option to approve or
1-20 reject at the polls any Act or item, section, or part of
1-21 any Act of the General Assembly.
1-22 (b) The first power hereby reserved by the people is the
1-23 initiative, and signatures as provided in subsection (d)
1-24 of this Paragraph shall be required to propose any measure
1-25 by petition, and every such petition shall include the
1-26 full text of the measure so proposed. Initiative
1-27 petitions for state legislation and amendments to the
1-28 Constitution, in such form as may be prescribed pursuant
1-29 to law, shall be addressed to and filed with the Secretary
1-30 of State at least three months before the general election
1-31 at which they are to be voted upon.
1-32 (c) The second power hereby reserved is the referendum,
1-33 and it may be ordered against any Act or item, section, or
S. R. 4
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SR4/FA/4
2- 1 part of any Act of the General Assembly by a petition
2- 2 signed by registered electors in an amount equal to at
2- 3 least 5 percent of the total number of votes cast for all
2- 4 candidates for the office of Governor at the previous
2- 5 general election. Referendum petitions, in such form as
2- 6 may be prescribed pursuant to law, shall be addressed to
2- 7 and filed with the Secretary of State not more than 270
2- 8 days after the final adjournment of the session of the
2- 9 General Assembly that passed the bill on which the
2-10 referendum is demanded. The filing of a referendum
2-11 petition against any item, section, or part of any Act
2-12 shall not delay the Act from becoming operative.
2-13 (d) Statutory initiatives and constitutional initiatives
2-14 must be signed by at least 5 percent and 8 percent,
2-15 respectively, of the total number of votes cast for all
2-16 candidates for the office of Governor at the previous
2-17 general election, in at least two-thirds of the United
2-18 States congressional districts in the state, in order to
2-19 be placed on the ballot.
2-20 (e) The veto power of the Governor shall not extend to
2-21 measures initiated by or referred to the people. All
2-22 elections on measures initiated by or referred to the
2-23 people of the state shall be held at the biennial regular
2-24 general election, and all such measures shall become the
2-25 law or a part of the Constitution, when approved by a
2-26 majority of the votes cast thereon, and not otherwise, and
2-27 shall take effect from and after the date of the official
2-28 declaration of the vote thereon by proclamation of the
2-29 Governor but not later than 30 days after the vote has
2-30 been canvassed. This section shall not be construed to
2-31 deprive the General Assembly of the power to enact any
2-32 measure.
2-33 (f) The original draft of the text of proposed initiated
2-34 constitutional amendments and initiated laws shall be
2-35 submitted to the Office of Legislative Counsel for review
2-36 and comment. No later than two weeks after submission of
2-37 the original draft, unless withdrawn by proponents, the
2-38 Office of Legislative Counsel shall render their comments
2-39 to the proponents of the proposed measure at a meeting
2-40 open to the public which shall be held only after full and
2-41 timely notice to the public. Such meeting shall be held
2-42 prior to the fixing of a ballot title. Neither the
2-43 General Assembly nor its committees or agencies shall have
2-44 any power to require the amendment, modification, or other
S. R. 4
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SR4/FA/4
3- 1 alteration of the text of any such proposed measure or to
3- 2 establish deadlines for the submission of the original
3- 3 draft of the text of any proposed measure.
3- 4 (g) The petition shall consist of sheets having such
3- 5 general form printed or written at the top thereof as
3- 6 shall be designated or prescribed by the Secretary of
3- 7 State; such petition shall be signed by registered
3- 8 electors in person only and shall have attached the
3- 9 residence address of such persons and the date of signing
3-10 the same. To each of such petitions, which may consist of
3-11 one or more sheets, shall be attached an affidavit of some
3-12 registered elector that each signature thereon is the
3-13 signature of the person whose name it purports to be and
3-14 that, to the best of the knowledge and belief of the
3-15 affiant, each of the persons signing said petition was, at
3-16 the time of signing, a registered elector. Such petitions
3-17 shall be verified by the Secretary of State's office as
3-18 prescribed pursuant to law as to the signatures thereon
3-19 being genuine and true and that the persons signing the
3-20 same are registered electors.
3-21 (h) The Secretary of State shall submit all measures
3-22 initiated by or referred to the people for adoption or
3-23 rejection at the polls in compliance with this section.
3-24 The text of all measures to be submitted shall be
3-25 published as constitutional amendments are published; and,
3-26 in submitting the same and in all matters pertaining to
3-27 the form of all petitions, the Secretary of State and all
3-28 other officers shall be guided by the general laws.
3-29 (i) It shall be a misdemeanor to pay in money or other
3-30 valuable considerations for the signing of petitions or
3-31 ballots and each such payment to a voter shall constitute
3-32 a separate offense, but it shall not be illegal to pay for
3-33 the work of collecting initiative signatures.
3-34 (j) Any person or committee which accepts contributions
3-35 or makes expenditures designed to bring about the approval
3-36 or rejection of any initiative or referendum petition
3-37 shall be subject to the requirements for public disclosure
3-38 and reporting as provided by general law; provided,
3-39 however, that no person, organization, or political action
3-40 committee shall be allowed to contribute to any person or
3-41 committee which accepts contributions or makes
3-42 expenditures designed to bring about the approval or
3-43 rejection of any initiative or referendum petition an
3-44 aggregate amount in excess of the maximum allowable amount
S. R. 4
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SR4/FA/4
4- 1 specified by general law which may be contributed to a
4- 2 candidate for state-wide office in any election."
SECTION 2.
4- 3 The above proposed amendment to the Constitution shall be
4- 4 published and submitted as provided in Article X, Section I,
4- 5 Paragraph II of the Constitution.
4- 6 The ballot submitting the above proposed amendment shall
4- 7 have written or printed thereon the following:
4- 8 "( ) YES Shall the Constitution be amended so as to
4- 9 provide that the people of the state may
4-10 ( ) NO propose laws and amendments to the
4-11 Constitution and vote on such laws and
4-12 amendments in state-wide referenda?"
4-13 All persons desiring to vote in favor of ratifying the
4-14 proposed amendment shall vote "Yes." All persons desiring
4-15 to vote against ratifying the proposed amendment shall vote
4-16 "No."
4-17 If such amendment shall be ratified as provided in said
4-18 Paragraph of the Constitution, it shall become a part of the
4-19 Constitution of this state.
S. R. 4
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Office of the Secretary of the Senate
Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97