HR44.html
03 LC 28 0884

House Resolution 44
By: Representatives Hembree of the 46th and Joyce of the 2nd




A RESOLUTION

Proposing an amendment to the Constitution so as to provide for public initiative referendums; to provide for procedures, number of signatures required, verification methods, form of petition, form of ballot question, and other related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article II of the Constitution is amended by adding a new Section IV to read as follows:

"SECTION IV.
PUBLIC INITIATIVE

Paragraph I. Public Initiative. Public initiative is the ability of the electors of this state to enact amendments to this Constitution and to enact laws of general application through public initiative referendums as provided in this section.
Paragraph II. Procedure. (a) An initiative measure may be proposed by presenting to the Secretary of State a petition that sets forth the text of the proposed constitutional amendment or statute and contains a number of signatures of electors of this state equal to at least 10 percent of the total number of votes cast for the office of Governor in the last gubernatorial general election. The Secretary of State shall verify the petition as to form and whether such petition contains a sufficient number of valid signatures. If the Secretary of State finds the petition to be valid as to form and number of signatures, the Secretary of State shall proceed to call for a special election to be held in conjunction with the next state-wide general election that is more than 120 days after the date on which the Secretary of State verifies the petition; provided, however, that the Governor may issue a writ of election for the measure and, if so, the Secretary of State shall call for a state-wide special election to be held on the date specified in the writ of election.
(b) An initiative measure shall not embrace more than one subject matter.
(c) An initiative measure shall not include or exclude any political subdivision of this state from the application or effect of its provisions based upon the approval or disapproval of the initiative measure by the electors of such political subdivision or based upon the casting of a specified percentage of votes in favor of the measure by the electors of such political subdivision.
(d) An initiative measure shall not contain alternative or cumulative provisions wherein one or more of such provisions would become law depending upon the casting of a specified percentage of votes for or against the measure.
(e) An initiative measure shall not name any individual to hold any office nor shall it name or identify any private corporation or business to perform any function or to have any power or duty.
(f) Prior to the circulation of an initiative petition, the petition shall be submitted to the Attorney General who shall prepare a title and summary of the proposed measure which shall be included in the petition.
Paragraph III. Effective date. (a) An amendment to this Constitution or statute that is proposed by public initiative and approved by a majority of the electors voting on such question shall take effect on the first day of January immediately following the election.
(b) If provisions of two or more measures approved at the same election conflict, those of the measure receiving the highest number of affirmative votes shall prevail.
(c) The General Assembly may amend or repeal statutes enacted by public initiative in the same manner as other laws.
Paragraph IV. Procedures; forms, content, and manner of circulation and presentation; form of ballot. The General Assembly may by general law, consistent with this section, provide for additional procedures; for forms, content, and manner of circulation and presentation of petitions; and for the form of the ballot and question to be presented."

SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"(  )  YES
(  )  NO
Shall the Constitution be amended so as to provide for the enactment of statutes and amendments to the Georgia Constitution by public initiative?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.