24 LC 47 2863
House Resolution 1134
By: Representatives Roberts of the 52
nd
, Draper of the 90
th
, Clark of the 108
th
, Miller of the
62
nd
, and Au of the 50
th
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the people of the State of
1
Georgia shall have the power to enact, repeal, or amend general statutory law by direct2
initiative and referendum process; to provide for amendments to the Constitution by direct3
initiative process; to provide procedures and restrictions connected therewith; to provide4
exceptions; to authorize the General Assembly to provide for additional statutory procedures5
not in conflict with the provisions herein; to provide for the submission of this amendment6
for ratification or rejection; and for other purposes.7
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Article III of the Constitution is amended by revising Section I as follows:10
"SECTION I.11
LEGISLATIVE POWER12
Paragraph I. Power vested in General Assembly. Except as provided in Section XI of
13
this Article, the The legislative power of the state shall be vested in a General Assembly14
which shall consist of a Senate and a House of Representatives."15
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SECTION 2.
16
Article III of the Constitution is amended by adding at the end thereof a new Section XI to17
read as follows:18
"SECTION XI.
19
DIRECT INITIATIVES AND REFERENDUMS20
Paragraph I. Power vested in the people. (a) The people of Georgia reserve to21
themselves the power, through the process set forth in this section, to enact, repeal, or22
amend statutes of general law which shall be known as the direct initiative and referendum23
process.24
(b) The people, through direct initiative and referendum, shall have the power to make25
all general laws consistent with this Constitution, and not repugnant to the Constitution of26
the United States, which they shall deem necessary and proper for the welfare of the state;27
provided, however, that such power shall not extend to enacting, repealing, or amending28
statutes:29
(1) Relating to Section IX of this article relating to appropriations or to Article VII30
relating to taxation and finance;31
(2) Relating to retirement systems enacted pursuant to Section X of this article;32
(3) Necessary for the immediate preservation of public peace, health, or safety;33
(4) That maintain state institutions;34
(5) Modifying procedures related to the direct initiative and referendum process35
provided for in this section or the direct initiative process provided for in Section I of36
Article IX;37
(6) Relating to local legislation authorized pursuant to Paragraph VIII of Section V of38
this article; or39
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(7) Relating to any matter the General Assembly is deprived authority on in40
Paragraph V of Section VI of this article.41
Paragraph II. Direct initiative and referendum process. (a) A direct initiative or42
referendum shall put on the ballot if a number of registered electors equal to 8 percent or43
more of the total number of electors who were registered and eligible to vote in Georgia44
for candidates for the office of presidential elector in the last preceding presidential election45
in the state sign a petition for such direct initiative or referendum, thus certifying the46
petition. Petition signatures must be collected within the boundaries of at least one-half of47
the state's congressional districts for the petition to be certified.48
(b) The petition for a direct initiative or referendum proposing a statute, amendment to49
a statute, or repeal of a statute shall state the full text of the statute or amendment to be50
enacted or repealed and shall contain the following enacting clause: 'BE IT ENACTED BY51
THE PEOPLE OF THE STATE OF GEORGIA:'. No statute or section of the Official52
Code of Georgia Annotated shall be amended or repealed by mere reference to its title or53
to the number of the section of the Official Code of Georgia Annotated, but the amending54
or repealing Act shall distinctly describe the law to be amended or repealed as well as the55
alteration to be made. A direct initiative or referendum petition proposing a statute or56
amendment to a statute or the repeal of a statute or an amendment to a statute shall not refer57
to more than one subject matter and shall not contain matter different from what is58
expressed in the title thereof. A direct initiative or referendum petition shall also include59
the wording of the ballot question that will be submitted to the voters for approval if such60
petition is certified; provided, however, that such ballot questions shall be unambiguous61
and understandable for the voters and subject to a yes or no vote.62
(c) A direct initiative or referendum petition shall be filed with the Secretary of State not63
less than 180 days before a general election in which members of the General Assembly64
are to be elected. The Secretary of State shall immediately proceed to examine the filed65
petition and compute and verify whether or not a sufficient number of signatures are66
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captured. If the petition contains less than the required number of signatures, the Secretary67
of State shall reject the petition; provided, however, that the General Assembly by law may68
provide for a period to cure such deficiencies. If the petition appears to contain the69
required number of signatures, the Secretary of State shall certify the petition, and shall put70
the direct initiative or referendum on the ballot at the next general election at which71
members of the General Assembly are to be elected, using the ballot question outlined in72
the petition.73
(d) If such ballot question is approved by at least 60 percent of the electors qualified to74
vote for members of the General Assembly voting thereon in such general election, such75
proposal shall become law and shall go into effect on the first day of July immediately76
following such election, unless an earlier effective date is provided for in the direct77
initiative or referendum and is clearly stated in the ballot question.78
(e) If such ballot question is rejected by the electors voting in such general election, such79
proposal shall not become law, and the same or a substantially similar proposal by direct80
initiative or referendum shall not be authorized for a period of three years from the date of81
such election.82
Paragraph III. Provisions of statutory procedures. The General Assembly shall provide83
by law for procedures to facilitate the operation of this section, and such procedures shall84
include, but not be limited to, providing for the formatting, sponsorship, circulation, and85
review of petitions, necessity for fiscal review of proposed statutory changes, and86
procedures for appealing adverse decisions related thereto."87
SECTION 3.88
Article X, Section I of the Constitution is amended by revising Paragraphs I and II as89
follows:90
"Paragraph I. Proposals to amend the Constitution; new Constitution. Amendments to91
this Constitution or a new Constitution may be proposed by the General Assembly, by92
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direct initiative of the people, or by a constitutional convention, as provided in this article. 93
Only amendments which are of general and uniform applicability throughout the state shall94
be proposed, passed, or submitted to the people.95
Paragraph II. Proposals by the General Assembly; proposals by direct initiative of the96
people; submission to the people. (a) A proposal by the General Assembly to amend this97
Constitution or to provide for a new Constitution shall originate as a resolution in either the98
Senate or the House of Representatives and, if approved by two-thirds of the members to99
which each house is entitled in a roll-call vote entered on their respective journals, shall be100
submitted to the electors of the entire state at the next general election which is held in the101
even-numbered years. A summary of such proposal shall be prepared by the Attorney102
General, the Legislative Counsel, and the Secretary of State and shall be published in the103
official organ of each county and, if deemed advisable by the 'Constitutional Amendments104
Publication Board,' in not more than 20 other newspapers in the state designated by such105
board which meet the qualifications for being selected as the official organ of a county. 106
Said board shall be composed of the Governor, the Lieutenant Governor, and the Speaker107
of the House of Representatives. Such summary shall be published once each week for108
three consecutive weeks immediately preceding the day of the general election at which109
such proposal is to be submitted. The language to be used in submitting a proposed110
amendment or a new Constitution shall be in such words as the General Assembly may111
provide in the resolution, or, in the absence thereof, in such language as the Governor may112
prescribe. A copy of the entire proposed amendment or of a new Constitution shall be filed113
in the office of the judge of the probate court of each county and shall be available for114
public inspection; and the summary of the proposal shall so indicate. The General115
Assembly is hereby authorized to provide by law for additional matters relative to the116
publication and distribution of proposed amendments and summaries not in conflict with117
the provisions of this Paragraph.118
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(b) If such proposal is ratified by a majority of the electors qualified to vote for members119
of the General Assembly voting thereon in such general election, such proposal shall120
become a part of this Constitution or shall become a new Constitution, as the case may be.121
(c)(1) A proposal to amend this Constitution by direct initiative of the people shall be122
put on the ballot if a number of registered electors equal to 10 percent or more of the total123
number of electors who were registered and eligible to vote in Georgia for candidate for124
the office of presidential elector in the last preceding presidential election in the state sign125
a petition for direct initiative, thus certifying the petition. Petition signatures must be126
collected within the boundaries of a least one-half of the state's congressional districts for127
the petition to be certified.128
(2) The language to be used in submitting a proposed amendment shall be in such129
words as provided in the direct initiative process.130
(3) Summaries and notice of such proposed amendments shall be prepared and131
provided in the same manner provided for in subparagraph (a) of this Paragraph for132
proposals by the General Assembly.133
(4) If such proposal is ratified by a two-thirds' majority of the electors qualified to vote134
for members of the General Assembly voting thereon in such general election, such135
proposal shall become a part of this Constitution.136
(5) If such proposal is rejected by the electors voting in such general election, such137
proposal shall not become part of this Constitution, and the same or a substantially138
similar amendment shall not be proposed by direct initiative for a period of three years139
from the date of such election.140
(6) The General Assembly shall provide by law for procedures to facilitate the141
operation of this subsection, and such procedures shall include, but not be limited to,142
providing for the formatting, sponsorship, circulation, and review of petitions, and143
procedures for appealing adverse decisions related thereto.144
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(d) Any proposal so approved shall take effect as provided in Paragraph VI of this article. 145
When more than one amendment is submitted at the same time, they shall be so submitted146
as to enable the electors to vote on each amendment separately, provided that one or more147
new articles or related changes in one or more articles may be submitted as a single148
amendment."149
SECTION 4.150
The above proposed amendment to the Constitution shall be published and submitted as151
provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the152
above proposed amendment shall have written or printed thereon the following:153
"( ) YES154
( ) NO155
156
157
Shall the Constitution of Georgia be amended so as to provide that the people
of the State of Georgia shall have a limited power through direct initiative and
referendum petition to enact, repeal, or amend statutes and to amend this
Constitution?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes."
158
All persons desiring to vote against ratifying the proposed amendment shall vote "No." If159
such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall160
become a part of the Constitution of this state.161
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