Text: HJR00003 Text: HJR00005 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of Iowa is proposed: 1 3 Article III, Legislative Department, Section 1, 1 4 Constitution of the State of Iowa, is repealed and the 1 5 following adopted in lieu thereof: 1 6 GENERAL ASSEMBLY -- INITIATIVE. Section 1. The people 1 7 reserve to themselves the power to initiate laws and 1 8 amendments to the Constitution and adopt such laws and 1 9 amendments independently of the Legislative authority. With 1 10 the exception of laws and amendments to the Constitution by 1 11 initiative petition, the Legislative authority of this State 1 12 is vested in a General Assembly which shall consist of a 1 13 Senate and a House of Representatives. 1 14 An initiative petition proposing a law or an amendment to 1 15 the Constitution shall be filed with the Secretary of State 1 16 not less than twelve months preceding the date of the election 1 17 at which the proposed law or amendment is to be voted upon. 1 18 Each initiative petition proposing a law shall be signed by 1 19 eligible electors equal in number to five percent of the votes 1 20 cast for the office of Governor at the last general election 1 21 in which that office was on the ballot. Each initiative 1 22 petition proposing an amendment to the Constitution shall be 1 23 signed by eligible electors equal in number to ten percent of 1 24 the votes cast for the office of Governor at the last general 1 25 election in which that office was on the ballot. 1 26 Each initiative petition shall contain the declaration of 1 27 each petitioner that the petitioner is an eligible elector of 1 28 the State, the petitioner's address, and the date on which the 1 29 petitioner signed the petition. Each sheet containing 1 30 petitioners' signatures shall be attached to a full and 1 31 correct copy of the title and text of the proposed law or 1 32 amendment to be initiated, and every sheet of the petition 1 33 containing signatures shall be verified by the affidavit of 1 34 the person who circulated the sheet, setting forth that each 1 35 of the names on the sheet was signed in the presence of the 2 1 affiant and that in the belief of the affiant each signer was 2 2 an eligible elector of the State. 2 3 Each law or amendment proposed by initiative petition shall 2 4 comply with the requirements of article III, section 29, or 2 5 article X, section 2, respectively, and shall not exceed five 2 6 thousand words in length. An analysis of the legal and fiscal 2 7 impact of the law or amendment shall be prepared and made 2 8 available to members of each house of the General Assembly and 2 9 to the public prior to the day of the election, as provided by 2 10 law. 2 11 A law or amendment initiated by petition may be withdrawn 2 12 if a petition requesting withdrawal is filed with the 2 13 Secretary of State not later than one hundred twenty days 2 14 before the next general election. The petition requesting 2 15 withdrawal must contain the signatures of no less than two- 2 16 thirds of the signers of the initiative petition filed with 2 17 the Secretary of State. Upon the filing of a valid withdrawal 2 18 petition, the Secretary of State shall take no further action 2 19 on the initiative petition. 2 20 All elections on laws or amendments to the Constitution 2 21 initiated by the people shall be held at the regular biennial 2 22 general election. When an initiative petition is filed, the 2 23 Secretary of State shall cause to be printed on the official 2 24 ballot at the next regular biennial general election the title 2 25 of the law or amendment, together with the words "Yes" and 2 26 "No" in such manner that the voters may express at the polls 2 27 their approval or rejection of the law or amendment. The text 2 28 of all laws or amendments to be submitted shall be published 2 29 by the Secretary of State as required by law. 2 30 No more than five laws or amendments to the Constitution 2 31 initiated by petition may be placed on the ballot at any 2 32 general election. The first five petitions to be filed with 2 33 the Secretary of State and to meet the qualifications of this 2 34 section shall be placed on the ballot at the general election. 2 35 A simple majority of the votes cast for an initiated law or 3 1 amendment is necessary to approve the law or amendment. An 3 2 initiated law or amendment approved by the people is effective 3 3 July 1 following its approval. 3 4 The veto power of the Governor in article III shall not 3 5 extend to laws proposed by initiative petition and approved by 3 6 the electorate. 3 7 If two or more conflicting laws or amendments are placed on 3 8 the same ballot, the Secretary of State shall include on the 3 9 ballot a statement notifying the voters of the conflicting 3 10 laws or amendments. 3 11 If two or more conflicting laws or amendments to the 3 12 Constitution are approved by the people at the same election, 3 13 the law or amendment receiving the greatest number of 3 14 affirmative votes shall prevail. 3 15 The Secretary of State, in the presence of the Governor and 3 16 the Chief Justice of the Supreme Court, shall canvass the 3 17 votes within thirty days after the election, and upon 3 18 completion of the canvass shall issue a proclamation, giving 3 19 the entire number of votes cast for and against each initiated 3 20 law or amendment to the Constitution and declaring those laws 3 21 or amendments which were approved. 3 22 A law or amendment to the Constitution proposed by 3 23 initiative petition and rejected at election shall not be 3 24 placed on the ballot more than once in a three-year period. 3 25 The General Assembly may provide by law for procedures to 3 26 implement this section. Such procedures shall in no way 3 27 restrict or impair the powers reserved to the people by this 3 28 section. The General Assembly shall provide a penalty for any 3 29 willful violation of any of the provisions of this section. 3 30 This section shall not be construed to deprive the General 3 31 Assembly of the right to enact any law. This section shall 3 32 not be construed to deprive the General Assembly or a 3 33 constitutional convention of the right to propose any 3 34 constitutional amendment as provided in article X, or to 3 35 deprive the people of the right to approve and ratify such a 4 1 proposed amendment as provided in article X. 4 2 The style of an act enacted by the General Assembly shall 4 3 be: "Be It Enacted by the General Assembly of the State of 4 4 Iowa." The style of an act submitted to the voters by an 4 5 initiative petition shall be: "Be It Enacted by the People of 4 6 the State of Iowa." 4 7 Sec. 2. The foregoing proposed amendment to the 4 8 Constitution of the State of Iowa is referred to the General 4 9 Assembly to be chosen at the next general election for members 4 10 of the General Assembly and the Secretary of State is directed 4 11 to cause the proposed amendment to be published for three 4 12 consecutive months before the date of that election as 4 13 provided by law. 4 14 EXPLANATION 4 15 This Joint Resolution proposes an amendment to the 4 16 Constitution of the State of Iowa granting the people the 4 17 power to initiate laws or amendments to the Constitution of 4 18 the State of Iowa by petition and approve the laws or 4 19 amendments at the polls. Initiative petitions must contain a 4 20 specified number of signatures of eligible electors. A 4 21 procedure for withdrawal of a petition is included. 4 22 Initiative petitions must be filed with the secretary of 4 23 state not less than 12 months before the general election at 4 24 which it will be voted on. 4 25 The resolution also provides that any law or amendment to 4 26 the Constitution proposed by initiative petition shall not 4 27 exceed 5,000 words in length and that a legal and fiscal 4 28 analysis shall be prepared for members of the general 4 29 assembly. No more than five initiated laws or amendments may 4 30 be placed on the ballot at one time. 4 31 The resolution provides that the general assembly may enact 4 32 laws to implement this amendment to the Constitution. 4 33 An initiated law or amendment approved by the people is 4 34 effective July 1 following its approval. A law or amendment 4 35 proposed by initiative petition and rejected at election shall 5 1 not be placed on the ballot more than once in a three-year 5 2 period. 5 3 The resolution, if adopted, would be referred to the next 5 4 general assembly for consideration. 5 5 LSB 1434HH 78 5 6 sc/sc/14
Text: HJR00003 Text: HJR00005 Text: HJR00000 - HJR00099 Text: HJR Index Bills and Amendments: General Index Bill History: General Index
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