|
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.
|