Text: HJR00011 Text: HJR00013 Text: HJR00000 - HJR00099 Text: HJR Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. The following amendment to the Constitution of 1 2 the State of Iowa is proposed: 1 3 Article III, Legislative Department, Section 1, 1 4 Constitution of the State of Iowa, is repealed and the 1 5 following adopted in lieu thereof: 1 6 GENERAL ASSEMBLY &endash; INITIATIVE AND REFERENDUM. Section 1. 1 7 The Legislative authority of this state is vested in a General 1 8 Assembly which shall consist of a Senate and a House of 1 9 Representatives. However, the people reserve the power to 1 10 propose laws and amendments to the Constitution by initiative 1 11 petition and to enact or reject such laws and amendments at 1 12 the polls, independently of the General Assembly, and they 1 13 also reserve the power to approve or reject at the polls any 1 14 act, or severable item, section, or part of any act, of the 1 15 General Assembly. 1 16 Initiative petitions shall be filed with the Secretary of 1 17 State not less than four months preceding the date of the 1 18 election at which the proposed measures are to be voted upon. 1 19 Each initiative petition, except a petition proposing an 1 20 amendment to the Constitution, shall be signed by qualified 1 21 electors equal in number to ten percent of the votes cast for 1 22 the office of Governor at the last general election in which 1 23 that office was on the ballot. Each initiative petition 1 24 proposing an amendment to the Constitution shall be signed by 1 25 qualified electors equal in number to fifteen percent of the 1 26 votes cast for the office of Governor at the last general 1 27 election in which that office was on the ballot. 1 28 Under the referendum power, the General Assembly or 1 29 qualified electors equal in number to five percent of the 1 30 votes cast for the office of Governor at the last general 1 31 election in which that office was on the ballot may order the 1 32 submission to the people at the polls of any act, or severable 1 33 item, section, or part of any act, enacted by the General 1 34 Assembly, except acts immediately necessary for the 1 35 preservation of the public peace, health, or safety, or for 2 1 the support and maintenance of the departments of the state 2 2 government and state institutions. However, in order for such 2 3 acts to be excepted from the referendum power, the acts shall 2 4 be approved by a majority of two-thirds of the members of each 2 5 house of the General Assembly, taken by roll call vote of yeas 2 6 and nays, and also approved by the Governor. 2 7 Referendum petitions shall be filed with the Secretary of 2 8 State not more than ninety days after the final adjournment of 2 9 the session of the General Assembly which shall have passed 2 10 the measure to which the referendum is applied. The filing of 2 11 a referendum petition against an act or any severable item, 2 12 section, or part of an act does not prevent the act from 2 13 becoming effective or suspend the operation of the act until 2 14 the question is decided by the voters at the polls. Each 2 15 referendum petition shall be signed by qualified electors 2 16 equal in number to five percent of the votes cast for the 2 17 office of Governor at the last general election in which that 2 18 office was on the ballot. 2 19 Each initiative or referendum petition shall contain the 2 20 declaration of each petitioner that the petitioner is a 2 21 qualified elector of the state, the petitioner's address, and 2 22 the date on which the petitioner signed the petition. Each 2 23 sheet containing petitioners' signatures shall be attached to 2 24 a full and correct copy of the title and text of the proposed 2 25 measure to be initiated or referred to the people, and every 2 26 sheet of the petition containing signatures shall be verified 2 27 by the affidavit of the person who circulated the sheet or 2 28 petition, setting forth that each of the names on the sheet or 2 29 petition was signed in the presence of the affiant and that in 2 30 the belief of the affiant each signer was a qualified elector 2 31 of the state. 2 32 All elections on measures referred to or initiated by the 2 33 people shall be held at the regular biennial general election. 2 34 When an initiative or referendum petition or any measure 2 35 referred to the people by the General Assembly is filed, the 3 1 Secretary of State shall cause to be printed on the official 3 2 ballot at the next regular biennial general election the title 3 3 and number of the measure, together with the words "Yes" and 3 4 "No" in such manner that the electors may express at the polls 3 5 their approval or disapproval of the measure. The text of all 3 6 measures to be submitted shall be published as proposed 3 7 amendments to the Constitution are published. 3 8 A simple majority of the votes cast on an act or measure is 3 9 necessary to enact an initiated measure or reject a referred 3 10 act. An initiated measure approved or ratified by the people 3 11 is effective January first following its approval. An act 3 12 rejected is repealed immediately upon certification of the 3 13 election results by the Secretary of State. 3 14 The veto power of the Governor shall not extend to 3 15 initiative or referendum measures approved by a majority vote 3 16 of the qualified electors. 3 17 If two or more conflicting measures or amendments are 3 18 placed on the same ballot, the Secretary of State shall 3 19 include on the ballot a statement notifying the elector of the 3 20 conflicting measures or amendments. 3 21 If two or more conflicting measures or amendments to the 3 22 Constitution shall be approved by the people at the same 3 23 election, the measure or amendment receiving the greatest 3 24 number of affirmative votes shall prevail. 3 25 The Secretary of State, in the presence of the Governor and 3 26 the Chief Justice of the Supreme Court, shall canvass the 3 27 votes for and against each proposed measure or amendment to 3 28 the Constitution within thirty days after the election, and 3 29 upon completion of the canvass shall issue a proclamation, 3 30 giving the entire number of votes cast for and against each 3 31 proposed measure or amendment to the Constitution, and 3 32 declaring those measures which were approved and those 3 33 amendments which were ratified. 3 34 The General Assembly may provide by law for procedures to 3 35 implement this section. The General Assembly shall provide a 4 1 penalty for any willful violation of any of the provisions of 4 2 this section. 4 3 This section shall not be construed to deprive the General 4 4 Assembly of the right to enact any measure. 4 5 The style of an act enacted by the General Assembly shall 4 6 be: "Be It Enacted by the General Assembly of the State of 4 7 Iowa". The style of an act submitted to the voters by an 4 8 initiative petition shall be: "Be It Enacted by the People of 4 9 the State of Iowa". 4 10 Sec. 2. The foregoing proposed amendment to the 4 11 Constitution of the State of Iowa is referred to the General 4 12 Assembly to be chosen at the next general election for members 4 13 of the General Assembly and the Secretary of State is directed 4 14 to cause the proposed amendment to be published for three 4 15 consecutive months before the date of that election as 4 16 provided by law. 4 17 EXPLANATION 4 18 This joint resolution proposes an amendment to the 4 19 Constitution of the State of Iowa granting the people the 4 20 power to initiate laws or amendments to the Constitution of 4 21 the State of Iowa by petition and to approve or reject the 4 22 measures at the polls (initiative). The resolution also 4 23 grants the general assembly and the people the power to refer 4 24 acts passed by the general assembly to a popular vote 4 25 (referendum). Both initiative and referendum petitions must 4 26 contain a specified number of signatures. 4 27 Initiative petitions must be filed with the secretary of 4 28 state not less than four months before the election at which 4 29 it will be voted on and referendum petitions must be filed not 4 30 more than 90 days after the General Assembly which passed the 4 31 measure adjourns. 4 32 The amendment provides that the power of referendum does 4 33 not extend to acts immediately necessary for the public 4 34 welfare or for support of state departments or institutions if 4 35 the act is approved by two-thirds of the members of each house 5 1 of the general assembly. 5 2 A measure or amendment approved by the people is effective 5 3 January 1 following its approval. An act rejected is repealed 5 4 effective immediately. 5 5 The resolution, if adopted, would be referred to the next 5 6 General Assembly for consideration. 5 7 LSB 2214HH 76 5 8 sc/cf/24
Text: HJR00011 Text: HJR00013 Text: HJR00000 - HJR00099 Text: HJR Index Bills and Amendments: General Index Bill History: General Index
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