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