| 1 | 1 | | 25 LC 47 3196 |
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| 2 | 2 | | House Bill 702 |
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| 3 | 3 | | By: Representatives Roberts of the 52 |
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| 4 | 4 | | nd |
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| 5 | 5 | | , Draper of the 90 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Park of the 107 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Tran of the 80 |
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| 10 | 10 | | th |
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| 11 | 11 | | , |
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| 12 | 12 | | and Campbell of the 35 |
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| 13 | 13 | | th |
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| 14 | 14 | | |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to |
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| 18 | 18 | | 1 |
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| 19 | 19 | | primaries and elections generally, so as to enact the Representative Democracy Enforcement2 |
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| 20 | 20 | | Act; to provide procedures related to direct initiative petition and referendum statutory3 |
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| 21 | 21 | | changes and direct initiative of the people constitutional amendments; to provide a short title;4 |
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| 22 | 22 | | to provide for constitutional authorization; to provide definitions; to provide for minimum5 |
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| 23 | 23 | | formatting requirements of direct initiative and referendum petition forms; to establish the6 |
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| 24 | 24 | | Direct and Initiative Referendum Committee; to provide for membership and duties relating7 |
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| 25 | 25 | | to approving direct initiative and referendum petitions as to form; to provide requirements8 |
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| 26 | 26 | | for fiscal notes on certain petitions; to authorize the Secretary of State to review direct9 |
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| 27 | 27 | | initiative petitions as to form and approve or reject the same; to provide for cure and appeal10 |
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| 28 | 28 | | procedures from decisions of the secretary; to provide for finalization of direct initiative and11 |
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| 29 | 29 | | referendum petitions and filing fees; to provide timelines and procedures for the circulation12 |
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| 30 | 30 | | of direct initiative and referendum petitions for signature; to provide for notice and public13 |
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| 31 | 31 | | hearings regarding direct initiative and referendum petitions; to provide for the secretary to14 |
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| 32 | 32 | | determine petitioner eligibility and tally signatures on direct initiative and referendum15 |
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| 33 | 33 | | petitions; to provide for cure and appeal procedures regarding the same; to provide criminal16 |
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| 34 | 34 | | penalties for impeding the petitioner eligibility determination process or signature tallying17 |
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| 35 | 35 | | process or the intimidation or attempted intimidation of persons involved in said processes;18 |
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| 36 | 36 | | H. B. 702 |
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| 37 | 37 | | - 1 - 25 LC 47 3196 |
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| 38 | 38 | | to provide for certifying petitions and placing ballot questions on the ballot; to provide that |
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| 39 | 39 | | 19 |
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| 40 | 40 | | direct initiative petitions petition sponsors shall be considered campaign committees pursuant20 |
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| 41 | 41 | | to Chapter 5 of Title 21 of the Official Code of Georgia Annotated; to prohibit the use of21 |
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| 42 | 42 | | public funds in advocating for or against direct initiative and referendum petitions; to22 |
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| 43 | 43 | | authorize rule making; to provide for related matters; to provide for a contingent effective23 |
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| 44 | 44 | | date and automatic repeal; to repeal conflicting laws; and for other purposes.24 |
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| 45 | 45 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:25 |
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| 46 | 46 | | SECTION 1.26 |
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| 47 | 47 | | Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and27 |
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| 48 | 48 | | elections generally, is amended by adding a new article to read as follows:28 |
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| 49 | 49 | | "ARTICLE 16 |
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| 50 | 50 | | 29 |
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| 51 | 51 | | 21-2-700.30 |
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| 52 | 52 | | (a) This article shall be known and may be cited as the 'Representative Democracy31 |
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| 53 | 53 | | Enforcement Act.'32 |
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| 54 | 54 | | (b) This article is enacted pursuant to the direction and authority provided to the General33 |
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| 55 | 55 | | Assembly by Article III, Section XI, Paragraph III and Article X, Section I, Paragraph III34 |
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| 56 | 56 | | of the Constitution, and the provisions in this article shall apply to both direct initiative and35 |
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| 57 | 57 | | referendum processes unless specifically provided otherwise.36 |
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| 58 | 58 | | 21-2-701.37 |
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| 59 | 59 | | As used in this article, unless the context otherwise indicates, the term:38 |
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| 60 | 60 | | (1) 'Business entity' shall have the same meaning as provided for in Code Section 21-5-3.39 |
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| 61 | 61 | | H. B. 702 |
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| 62 | 62 | | - 2 - 25 LC 47 3196 |
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| 63 | 63 | | (2) 'Campaign committee' shall have the same meaning as provided for in Code40 |
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| 64 | 64 | | Section 21-5-3.41 |
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| 65 | 65 | | (3) 'Candidate' shall have the same meaning as provided for in Code Section 21-5-3.42 |
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| 66 | 66 | | (4) 'Circulator' means a person who solicits other people to sign a petition under the43 |
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| 67 | 67 | | direction of the petition sponsor.44 |
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| 68 | 68 | | (5) 'Direct initiative process' means the process and procedures outlined in this article,45 |
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| 69 | 69 | | Article III, Section XI, Paragraph III, and Article X, Section I, Paragraph III of the46 |
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| 70 | 70 | | Constitution to bring about a vote by electors for a proposed statutory change or47 |
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| 71 | 71 | | constitutional amendment.48 |
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| 72 | 72 | | (6) 'Nonprofit organization' shall have the same meaning as provided for in Code49 |
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| 73 | 73 | | Section 21-5-3.50 |
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| 74 | 74 | | (7) 'Petition' means a petition made pursuant to either Article III, Section XI,51 |
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| 75 | 75 | | Paragraph III or Article X, Section I, Paragraph III of the Constitution to obtain52 |
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| 76 | 76 | | signatures in support of putting a question on the ballot to either enact, repeal, or amend53 |
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| 77 | 77 | | statutes of general law or to amend the Constitution.54 |
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| 78 | 78 | | (8) 'Petition sponsor' means the person or entity who speaks on behalf of the petition55 |
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| 79 | 79 | | effort and who has ultimate responsibility and decision making authority for the creation56 |
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| 80 | 80 | | and circulation of a petition by circulators.57 |
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| 81 | 81 | | (9) 'Petitioner' means a person who provides his or her personal information, including58 |
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| 82 | 82 | | signature, on a petition.59 |
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| 83 | 83 | | (10) 'Political action committee' shall have the same meaning as provided for in Code60 |
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| 84 | 84 | | Section 21-5-3.61 |
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| 85 | 85 | | (11) 'Referendum process' means the process and procedures outlined in this article and62 |
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| 86 | 86 | | Article II, Section IX, Paragraph III of the Constitution to bring about a vote by electors63 |
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| 87 | 87 | | to enact, amend, or repeal a statute.64 |
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| 88 | 88 | | (12) 'Secretary' means the Secretary of State.65 |
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| 89 | 89 | | H. B. 702 |
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| 90 | 90 | | - 3 - 25 LC 47 3196 |
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| 91 | 91 | | 21-2-702.66 |
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| 92 | 92 | | In addition to any information required by the Constitution, all petitions shall contain the67 |
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| 93 | 93 | | following information:68 |
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| 94 | 94 | | (1) The title of the proposed statutory change or constitutional amendment;69 |
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| 95 | 95 | | (2) A summary of the proposed statutory change or constitutional amendment;70 |
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| 96 | 96 | | (3) The full text of the proposed statutory change or constitutional amendment;71 |
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| 97 | 97 | | (4) Space for a petitioner to:72 |
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| 98 | 98 | | (A) Print his or her name;73 |
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| 99 | 99 | | (B) Sign his or her name; and74 |
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| 100 | 100 | | (C) Provide requested personally identifying information sufficient to show he or she75 |
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| 101 | 101 | | is a registered voter;76 |
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| 102 | 102 | | (5) Space for a circulator to include his or her name and affirm the date and location that77 |
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| 103 | 103 | | the signatures on such petition were collected, and that the circulator observed petitioners78 |
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| 104 | 104 | | sign the petition in person;79 |
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| 105 | 105 | | (6) The identity of the petition sponsor; and80 |
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| 106 | 106 | | (7) A statement detailing any and all business entities, campaign committees, candidates,81 |
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| 107 | 107 | | nonprofit organizations, or political action committees, other than the petition sponsor,82 |
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| 108 | 108 | | that are providing financial or other material support for the direct initiative or83 |
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| 109 | 109 | | referendum process.84 |
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| 110 | 110 | | 21-2-703.85 |
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| 111 | 111 | | (a) Circulators must be with a petitioner in person at the time a petitioner provides his or86 |
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| 112 | 112 | | her information and signature upon a petition.87 |
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| 113 | 113 | | (b) Pursuant to petition approval as provided for in Code Section 21-2-704, a petition may88 |
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| 114 | 114 | | be in a paper or digital format, and digital signatures shall be permissible.89 |
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| 115 | 115 | | H. B. 702 |
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| 116 | 116 | | - 4 - 25 LC 47 3196 |
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| 117 | 117 | | 21-2-704.90 |
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| 118 | 118 | | (a) There is hereby created the Direct Initiative and Referendum Committee, which shall91 |
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| 119 | 119 | | be composed of:92 |
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| 120 | 120 | | (1) Three Senators selected by the President Pro Tempore of the Senate;93 |
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| 121 | 121 | | (2) Three Representatives selected by the Speaker of the House of Representatives;94 |
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| 122 | 122 | | (3) Three Senators selected by the minority leader of the Senate; and95 |
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| 123 | 123 | | (4) Three Representatives selected by the minority leader of the House of96 |
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| 124 | 124 | | Representatives.97 |
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| 125 | 125 | | (b) Before a petition may be finalized and circulated, such petition shall be approved as98 |
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| 126 | 126 | | to form as provided for in this Code section. A proposed petition submitted by a petition99 |
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| 127 | 127 | | sponsor to the committee shall contain the tentative proposed title and summary of the100 |
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| 128 | 128 | | proposed statutory change or constitutional amendment. Such proposal shall also include101 |
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| 129 | 129 | | the full text of the proposed statutory change or constitutional amendment.102 |
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| 130 | 130 | | (c) The Direct Initiative and Referendum Committee may make nonbinding suggestions103 |
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| 131 | 131 | | to a petition sponsor to improve the format or content of the proposed title or summary104 |
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| 132 | 132 | | contained in the petition if the committee finds that such improvements would benefit105 |
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| 133 | 133 | | electors in understanding the petition.106 |
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| 134 | 134 | | (d)(1) Any tentative petition proposing a statutory change having a significant impact on107 |
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| 135 | 135 | | the anticipated revenue or expenditure level of any state department, bureau, board,108 |
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| 136 | 136 | | council, committee, commission, or other state agency shall have a fiscal note prepared109 |
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| 137 | 137 | | pursuant to Code Section 28-5-42 prior to the approval of such petition as to form. The110 |
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| 138 | 138 | | Direct Initiative and Referendum Committee shall be authorized to request a fiscal note111 |
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| 139 | 139 | | from the Office of Planning and Budget and the Department of Audits and Accounts, and112 |
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| 140 | 140 | | the committee shall provide copies of such fiscal note to the petition sponsor upon113 |
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| 141 | 141 | | receiving them from such office and department.114 |
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| 142 | 142 | | (2) Any fiscal notes or suggested changes a petition sponsor receives from the Direct115 |
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| 143 | 143 | | Initiative and Referendum Committee shall be made available, by such petition sponsor,116 |
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| 144 | 144 | | H. B. 702 |
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| 145 | 145 | | - 5 - 25 LC 47 3196 |
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| 146 | 146 | | to the public; provided, however, that nothing in this Code section shall be interpreted so117 |
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| 147 | 147 | | as to make any documents in the possession or control of the Direct Initiative and118 |
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| 148 | 148 | | Referendum Committee or its members subject to disclosure pursuant to Article 4 of119 |
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| 149 | 149 | | Chapter 18 of Title 50.120 |
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| 150 | 150 | | (e) In the event that the Direct Initiative and Referendum Committee approves a proposed121 |
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| 151 | 151 | | petition as to form, the committee shall promptly inform the petition sponsor and the122 |
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| 152 | 152 | | secretary of such approval.123 |
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| 153 | 153 | | (f)(1) In the event that the Direct Initiative and Referendum Committee determines that124 |
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| 154 | 154 | | it cannot approve a proposed petition as to form, or the committee is equally divided as125 |
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| 155 | 155 | | to whether or not it can approve a proposed petition as to form, the proposed petition126 |
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| 156 | 156 | | shall be transmitted to the secretary for a final determination as to approving the proposed127 |
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| 157 | 157 | | petition as to form.128 |
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| 158 | 158 | | (2) The secretary shall have 30 days to make a final determination as to whether or not129 |
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| 159 | 159 | | the proposed petition shall be approved as to form. If the secretary determines that the130 |
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| 160 | 160 | | proposed petition cannot be approved as to form, he or she shall provide the petition131 |
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| 161 | 161 | | sponsor with the opportunity to cure defects identified by the secretary as preventing the132 |
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| 162 | 162 | | approval of the proposed petition as to form. If the petition sponsor fails to cure such133 |
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| 163 | 163 | | defects within 45 days of being informed of the same by the secretary, the secretary shall134 |
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| 164 | 164 | | reject the proposed petition as to form.135 |
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| 165 | 165 | | (3) The decision of the secretary rejecting a proposed petition as to form may be136 |
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| 166 | 166 | | reviewed by the Superior Court of Fulton County upon an application for a writ of137 |
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| 167 | 167 | | mandamus to compel the approval of such petition as to form. The application for such138 |
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| 168 | 168 | | writ of mandamus shall be made within 30 days of the time when the petitioner is notified139 |
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| 169 | 169 | | of the secretary's decision. Upon the application being made, a judge of such court shall140 |
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| 170 | 170 | | fix a time and place for hearing the matter in dispute as soon as practicable; and notice141 |
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| 171 | 171 | | thereof shall be served with a copy of such application upon the secretary and upon the142 |
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| 172 | 172 | | petitioner. At the time so fixed the court, or any judge thereof assigned for the purpose,143 |
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| 173 | 173 | | H. B. 702 |
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| 174 | 174 | | - 6 - 25 LC 47 3196 |
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| 175 | 175 | | shall hear the case. If after such hearing the said court shall find that the decision of the144 |
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| 176 | 176 | | secretary was erroneous, it shall issue its mandate to the secretary to correct his or her145 |
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| 177 | 177 | | decision and to approve the proposed petition as to form. From any decision of the146 |
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| 178 | 178 | | superior court an appeal may be taken within five days after the entry thereof.147 |
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| 179 | 179 | | 21-2-705.148 |
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| 180 | 180 | | Upon a proposed petition being approved as to form, as provided for in Code149 |
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| 181 | 181 | | Section 21-2-704, the petition sponsor shall submit the approved petition to the secretary150 |
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| 182 | 182 | | accompanied with a filing fee of $1,000.00. Upon receiving such petition and fee, the151 |
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| 183 | 183 | | secretary shall issue official direct initiative or referendum petition forms, either on paper152 |
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| 184 | 184 | | or digitally, as contemplated under the approval process pursuant to Code153 |
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| 185 | 185 | | Section 21-2-704, assign a number to the direct initiative or referendum petition, which154 |
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| 186 | 186 | | number shall appear on the face of each petition form, and issue that number to the petition155 |
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| 187 | 187 | | sponsor.156 |
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| 188 | 188 | | 21-2-706.157 |
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| 189 | 189 | | (a) As of the date the secretary provides the petition sponsor with official direct initiative158 |
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| 190 | 190 | | or referendum petition forms, the petition sponsor shall have one year to collect the159 |
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| 191 | 191 | | constitutionally required number of signatures upon such petition. If a direct initiative or160 |
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| 192 | 192 | | referendum petition is not returned to the secretary within such year, such petition and all161 |
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| 193 | 193 | | signatures upon it shall be automatically invalidated.162 |
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| 194 | 194 | | (b) All circulators shall be registered Georgia electors, with no history of misdemeanor163 |
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| 195 | 195 | | crimes related to fraud and no felony criminal history of any kind.164 |
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| 196 | 196 | | (c) Circulators may be paid, but shall not be paid on a per signature basis by the petition165 |
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| 197 | 197 | | sponsor or any other person or entity.166 |
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| 198 | 198 | | (d) Each official direct initiative or referendum petition form shall contain a space for the167 |
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| 199 | 199 | | circulator circulating such form to attest under oath that he or she witnessed the collection168 |
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| 200 | 200 | | H. B. 702 |
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| 201 | 201 | | - 7 - 25 LC 47 3196 |
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| 202 | 202 | | of each signature upon such form, and to the best of the circulator's knowledge, all169 |
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| 203 | 203 | | signatures upon such form are valid.170 |
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| 204 | 204 | | 21-2-707.171 |
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| 205 | 205 | | (a) Within 15 days of the secretary providing the petition sponsor with official direct172 |
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| 206 | 206 | | initiative or referendum petition forms, the secretary shall mail to each household with a173 |
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| 207 | 207 | | registered elector residing at such address a copy of the title and summary of the proposed174 |
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| 208 | 208 | | statutory change or constitutional amendment. Such notice shall also provide that a copy175 |
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| 209 | 209 | | of the full text of the proposed statutory change or constitutional amendment is available176 |
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| 210 | 210 | | for review on the secretary's website.177 |
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| 211 | 211 | | (b) Within 30 days of the petition sponsor obtaining 50 percent of the required number of178 |
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| 212 | 212 | | signatures upon a direct initiative or referendum petition, the petition sponsor shall179 |
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| 213 | 213 | | schedule public hearings on the proposed statutory change or constitutional amendment. 180 |
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| 214 | 214 | | At least one such hearing shall be held within each congressional district. Each such public181 |
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| 215 | 215 | | hearing shall provide at least two hours of public comment on the proposed statutory182 |
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| 216 | 216 | | change or constitutional amendment. The petition sponsor shall publish notice of the time,183 |
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| 217 | 217 | | date, and location of each such public hearing in the legal organ of each county of the state. 184 |
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| 218 | 218 | | Notice of the time, date, and location of each public hearing shall also be posted on the185 |
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| 219 | 219 | | secretary's website.186 |
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| 220 | 220 | | 21-2-708.187 |
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| 221 | 221 | | (a) Upon the petition sponsor collecting the sufficient number of signatures upon the direct188 |
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| 222 | 222 | | initiative or referendum petition, the petition sponsor shall submit all official direct189 |
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| 223 | 223 | | initiative or referendum petition forms to the secretary.190 |
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| 224 | 224 | | (b) The secretary shall begin a verification of petitioner eligibility as soon as he or she191 |
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| 225 | 225 | | receives the signed official direct initiative or referendum petition forms. The secretary192 |
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| 226 | 226 | | H. B. 702 |
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| 227 | 227 | | - 8 - 25 LC 47 3196 |
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| 228 | 228 | | shall complete the verification process within 30 days of receiving the signed official direct193 |
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| 229 | 229 | | initiative or referendum petition forms.194 |
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| 230 | 230 | | (c) The verification process shall be open to the public. A person observing the195 |
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| 231 | 231 | | verification process who impedes the verification process or attempts to intimidate or196 |
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| 232 | 232 | | actually intimidates any person involved in the verification process shall be guilty of a197 |
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| 233 | 233 | | felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than198 |
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| 234 | 234 | | one nor more than ten years or to pay a fine not to exceed $100,000.00, or both.199 |
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| 235 | 235 | | (d) The secretary shall use the information provided by the petitioner as well as available200 |
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| 236 | 236 | | public resources sufficient to verify the eligibility of each petitioner; provided, however,201 |
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| 237 | 237 | | that exact signature matches shall not be used in a validation process.202 |
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| 238 | 238 | | (e) Upon completing the initial verification process, the secretary shall publish his or her203 |
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| 239 | 239 | | determination as to the validity of the direct initiative or referendum petition. If the event204 |
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| 240 | 240 | | that the secretary determines that there are an insufficient number of verified petitioners205 |
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| 241 | 241 | | to validate the petition, or that petitioner information was not collected in the required206 |
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| 242 | 242 | | number of congressional districts, the petition sponsor and any petitioner whose207 |
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| 243 | 243 | | participation was determined to be invalid shall have 30 days to cure such defect. Upon208 |
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| 244 | 244 | | the close of such cure period, the secretary shall have 15 days to make a final determination209 |
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| 245 | 245 | | as to the validity of the direct initiative or referendum petition.210 |
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| 246 | 246 | | (f) If the secretary validates a direct initiative or referendum petition, the secretary shall211 |
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| 247 | 247 | | certify the total number of valid petitioners appearing on the petition, and shall put the212 |
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| 248 | 248 | | issue in question to a vote using the ballot questions outlined in the petition. The ballot213 |
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| 249 | 249 | | question shall appear on the ballot to occur on the date of the next general election at which214 |
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| 250 | 250 | | members of the General Assembly are to be elected occurring at least 90 days after the date215 |
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| 251 | 251 | | of such certification.216 |
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| 252 | 252 | | (g) The decision of the secretary to reject certification of a petition may be reviewed by217 |
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| 253 | 253 | | the Superior Court of Fulton County upon an application for a writ of mandamus to compel218 |
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| 254 | 254 | | the approval of such petition as to form. The application for such writ of mandamus shall219 |
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| 255 | 255 | | H. B. 702 |
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| 256 | 256 | | - 9 - 25 LC 47 3196 |
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| 257 | 257 | | be made within five days of the time when the petition sponsor is notified of the secretary's220 |
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| 258 | 258 | | decision. Upon the application being made, a judge of such court shall fix a time and place221 |
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| 259 | 259 | | for hearing the matter in dispute as soon as practicable, but no later than five days222 |
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| 260 | 260 | | following the receipt of such application; and notice thereof shall be served with a copy of223 |
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| 261 | 261 | | such application upon the secretary and upon the petitioner. At the time so fixed the court,224 |
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| 262 | 262 | | or any judge thereof assigned for the purpose, shall hear the case. If after such hearing the225 |
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| 263 | 263 | | said court shall find that the decision of the secretary was erroneous, it shall issue its226 |
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| 264 | 264 | | mandate to the secretary to correct his or her decision and to certify the total number of227 |
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| 265 | 265 | | valid petitioners appearing on the petition. From any decision of the superior court an228 |
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| 266 | 266 | | appeal may be taken within five days after the entry thereof.229 |
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| 267 | 267 | | 21-2-709.230 |
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| 268 | 268 | | A referendum called by the secretary proposing a statutory change or constitutional231 |
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| 269 | 269 | | amendment pursuant to this article, except as provided for in this article, shall be conducted232 |
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| 270 | 270 | | in the same manner provided for in this chapter for elections to submit state-wide questions233 |
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| 271 | 271 | | to the electors.234 |
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| 272 | 272 | | 21-2-710.235 |
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| 273 | 273 | | Petition sponsors shall be considered campaign committees designed to bring about the236 |
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| 274 | 274 | | approval or rejection by the voters of any proposed constitutional amendment, state-wide237 |
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| 275 | 275 | | proposed question, or state-wide referendum pursuant to Chapter 5 of this title, and shall238 |
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| 276 | 276 | | be subject to all applicable reporting and disclosure requirements provided for in that239 |
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| 277 | 277 | | chapter.240 |
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| 278 | 278 | | H. B. 702 |
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| 279 | 279 | | - 10 - 25 LC 47 3196 |
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| 280 | 280 | | 21-2-711.241 |
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| 281 | 281 | | No public funds shall be expended to advocate for the approval or rejection of a ballot242 |
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| 282 | 282 | | question proposing a statutory change or constitutional amendment.243 |
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| 283 | 283 | | 21-2-712.244 |
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| 284 | 284 | | The secretary or the State Election Board may adopt rules for the proper and efficient245 |
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| 285 | 285 | | administration of procedures related to this article."246 |
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| 286 | 286 | | SECTION 2.247 |
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| 287 | 287 | | This Act shall become effective on January 1, 2027, following the ratification of an248 |
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| 288 | 288 | | amendment to the Constitution of Georgia providing for direct initiative and referendum249 |
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| 289 | 289 | | petitions to enact, repeal, or amend statutes and for direct initiative petitions of the people250 |
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| 290 | 290 | | to amend the Constitution; provided, however, that to the extent this Act conflicts with law251 |
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| 291 | 291 | | in effect at the time of ratification, this Act and such amendment shall control, and to the252 |
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| 292 | 292 | | extent such law is not in conflict, the law in effect at the time of ratification shall control and253 |
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| 293 | 293 | | shall remain in full force and effect. If such amendment is not so ratified, then this Act shall254 |
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| 294 | 294 | | stand automatically repealed.255 |
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| 295 | 295 | | SECTION 3.256 |
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| 296 | 296 | | All laws and parts of laws in conflict with this Act are repealed.257 |
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| 297 | 297 | | H. B. 702 |
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| 298 | 298 | | - 11 - |
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