| 1 | 1 | | 25 LC 47 3197 |
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| 2 | 2 | | House Resolution 462 |
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| 3 | 3 | | By: Representatives Roberts of the 52 |
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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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| 14 | 14 | | |
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| 15 | 15 | | A RESOLUTION |
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| 16 | 16 | | Proposing an amendment to the Constitution so as to provide that the people of the State of |
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| 17 | 17 | | 1 |
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| 18 | 18 | | Georgia shall have the power to enact, repeal, or amend general statutory law by direct2 |
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| 19 | 19 | | initiative and referendum process; to provide for amendments to the Constitution by direct3 |
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| 20 | 20 | | initiative process; to provide procedures and restrictions connected therewith; to provide4 |
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| 21 | 21 | | exceptions; to authorize the General Assembly to provide for additional statutory procedures5 |
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| 22 | 22 | | not in conflict with the provisions herein; to provide for the submission of this amendment6 |
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| 23 | 23 | | for ratification or rejection; and for other purposes.7 |
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| 24 | 24 | | BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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| 25 | 25 | | SECTION 1.9 |
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| 26 | 26 | | Article III of the Constitution is amended by revising Section I as follows:10 |
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| 27 | 27 | | "SECTION I.11 |
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| 28 | 28 | | LEGISLATIVE POWER12 |
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| 29 | 29 | | Paragraph I. Power vested in General Assembly. Except as provided in Section XI of |
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| 30 | 30 | | 13 |
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| 31 | 31 | | this Article, the The legislative power of the state shall be vested in a General Assembly14 |
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| 32 | 32 | | which shall consist of a Senate and a House of Representatives."15 |
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| 33 | 33 | | H. R. 462 |
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| 34 | 34 | | - 1 - 25 LC 47 3197 |
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| 35 | 35 | | SECTION 2. |
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| 36 | 36 | | 16 |
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| 37 | 37 | | Article III of the Constitution is amended by adding at the end thereof a new Section XI to17 |
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| 38 | 38 | | read as follows:18 |
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| 39 | 39 | | "SECTION XI. |
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| 40 | 40 | | 19 |
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| 41 | 41 | | DIRECT INITIATIVES AND REFERENDUMS20 |
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| 42 | 42 | | Paragraph I. Power vested in the people. (a) The people of Georgia reserve to21 |
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| 43 | 43 | | themselves the power, through the process set forth in this section, to enact, repeal, or22 |
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| 44 | 44 | | amend statutes of general law which shall be known as the direct initiative and referendum23 |
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| 45 | 45 | | process.24 |
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| 46 | 46 | | (b) The people, through direct initiative and referendum, shall have the power to make25 |
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| 47 | 47 | | all general laws consistent with this Constitution, and not repugnant to the Constitution of26 |
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| 48 | 48 | | the United States, which they shall deem necessary and proper for the welfare of the state;27 |
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| 49 | 49 | | provided, however, that such power shall not extend to enacting, repealing, or amending28 |
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| 50 | 50 | | statutes:29 |
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| 51 | 51 | | (1) Relating to Section IX of this article relating to appropriations or to Article VII30 |
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| 52 | 52 | | relating to taxation and finance;31 |
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| 53 | 53 | | (2) Relating to retirement systems enacted pursuant to Section X of this article;32 |
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| 54 | 54 | | (3) Necessary for the immediate preservation of public peace, health, or safety;33 |
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| 55 | 55 | | (4) That maintain state institutions;34 |
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| 56 | 56 | | (5) Modifying procedures related to the direct initiative and referendum process35 |
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| 57 | 57 | | provided for in this section or the direct initiative process provided for in Section I of36 |
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| 58 | 58 | | Article IX;37 |
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| 59 | 59 | | (6) Relating to local legislation authorized pursuant to Paragraph VIII of Section V of38 |
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| 60 | 60 | | this article; or39 |
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| 61 | 61 | | H. R. 462 |
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| 62 | 62 | | - 2 - 25 LC 47 3197 |
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| 63 | 63 | | (7) Relating to any matter the General Assembly is deprived authority on in40 |
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| 64 | 64 | | Paragraph V of Section VI of this article.41 |
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| 65 | 65 | | Paragraph II. Direct initiative and referendum process. (a) A direct initiative or42 |
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| 66 | 66 | | referendum shall put on the ballot if a number of registered electors equal to 8 percent or43 |
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| 67 | 67 | | more of the total number of electors who were registered and eligible to vote in Georgia44 |
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| 68 | 68 | | for candidates for the office of presidential elector in the last preceding presidential election45 |
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| 69 | 69 | | in the state sign a petition for such direct initiative or referendum, thus certifying the46 |
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| 70 | 70 | | petition. Petition signatures must be collected within the boundaries of at least one-half of47 |
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| 71 | 71 | | the state's congressional districts for the petition to be certified.48 |
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| 72 | 72 | | (b) The petition for a direct initiative or referendum proposing a statute, amendment to49 |
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| 73 | 73 | | a statute, or repeal of a statute shall state the full text of the statute or amendment to be50 |
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| 74 | 74 | | enacted or repealed and shall contain the following enacting clause: 'BE IT ENACTED BY51 |
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| 75 | 75 | | THE PEOPLE OF THE STATE OF GEORGIA:'. No statute or section of the Official52 |
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| 76 | 76 | | Code of Georgia Annotated shall be amended or repealed by mere reference to its title or53 |
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| 77 | 77 | | to the number of the section of the Official Code of Georgia Annotated, but the amending54 |
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| 78 | 78 | | or repealing Act shall distinctly describe the law to be amended or repealed as well as the55 |
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| 79 | 79 | | alteration to be made. A direct initiative or referendum petition proposing a statute or56 |
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| 80 | 80 | | amendment to a statute or the repeal of a statute or an amendment to a statute shall not refer57 |
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| 81 | 81 | | to more than one subject matter and shall not contain matter different from what is58 |
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| 82 | 82 | | expressed in the title thereof. A direct initiative or referendum petition shall also include59 |
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| 83 | 83 | | the wording of the ballot question that will be submitted to the voters for approval if such60 |
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| 84 | 84 | | petition is certified; provided, however, that such ballot questions shall be unambiguous61 |
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| 85 | 85 | | and understandable for the voters and subject to a yes or no vote.62 |
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| 86 | 86 | | (c) A direct initiative or referendum petition shall be filed with the Secretary of State not63 |
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| 87 | 87 | | less than 180 days before a general election in which members of the General Assembly64 |
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| 88 | 88 | | are to be elected. The Secretary of State shall immediately proceed to examine the filed65 |
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| 89 | 89 | | petition and compute and verify whether or not a sufficient number of signatures are66 |
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| 90 | 90 | | H. R. 462 |
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| 91 | 91 | | - 3 - 25 LC 47 3197 |
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| 92 | 92 | | captured. If the petition contains less than the required number of signatures, the Secretary67 |
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| 93 | 93 | | of State shall reject the petition; provided, however, that the General Assembly by law may68 |
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| 94 | 94 | | provide for a period to cure such deficiencies. If the petition appears to contain the69 |
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| 95 | 95 | | required number of signatures, the Secretary of State shall certify the petition, and shall put70 |
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| 96 | 96 | | the direct initiative or referendum on the ballot at the next general election at which71 |
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| 97 | 97 | | members of the General Assembly are to be elected, using the ballot question outlined in72 |
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| 98 | 98 | | the petition.73 |
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| 99 | 99 | | (d) If such ballot question is approved by at least 60 percent of the electors qualified to74 |
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| 100 | 100 | | vote for members of the General Assembly voting thereon in such general election, such75 |
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| 101 | 101 | | proposal shall become law and shall go into effect on the first day of July immediately76 |
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| 102 | 102 | | following such election, unless an earlier effective date is provided for in the direct77 |
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| 103 | 103 | | initiative or referendum and is clearly stated in the ballot question.78 |
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| 104 | 104 | | (e) If such ballot question is rejected by the electors voting in such general election, such79 |
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| 105 | 105 | | proposal shall not become law, and the same or a substantially similar proposal by direct80 |
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| 106 | 106 | | initiative or referendum shall not be authorized for a period of three years from the date of81 |
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| 107 | 107 | | such election.82 |
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| 108 | 108 | | Paragraph III. Provisions of statutory procedures. The General Assembly shall provide83 |
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| 109 | 109 | | by law for procedures to facilitate the operation of this section, and such procedures shall84 |
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| 110 | 110 | | include, but not be limited to, providing for the formatting, sponsorship, circulation, and85 |
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| 111 | 111 | | review of petitions, necessity for fiscal review of proposed statutory changes, and86 |
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| 112 | 112 | | procedures for appealing adverse decisions related thereto."87 |
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| 113 | 113 | | SECTION 3.88 |
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| 114 | 114 | | Article X, Section I of the Constitution is amended by revising Paragraphs I and II as89 |
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| 115 | 115 | | follows:90 |
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| 116 | 116 | | "Paragraph I. Proposals to amend the Constitution; new Constitution. Amendments to91 |
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| 117 | 117 | | this Constitution or a new Constitution may be proposed by the General Assembly, by92 |
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| 118 | 118 | | H. R. 462 |
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| 119 | 119 | | - 4 - 25 LC 47 3197 |
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| 120 | 120 | | direct initiative of the people, or by a constitutional convention, as provided in this article. 93 |
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| 121 | 121 | | Only amendments which are of general and uniform applicability throughout the state shall94 |
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| 122 | 122 | | be proposed, passed, or submitted to the people.95 |
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| 123 | 123 | | Paragraph II. Proposals by the General Assembly; proposals by direct initiative of the96 |
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| 124 | 124 | | people; submission to the people. (a) A proposal by the General Assembly to amend this97 |
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| 125 | 125 | | Constitution or to provide for a new Constitution shall originate as a resolution in either the98 |
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| 126 | 126 | | Senate or the House of Representatives and, if approved by two-thirds of the members to99 |
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| 127 | 127 | | which each house is entitled in a roll-call vote entered on their respective journals, shall be100 |
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| 128 | 128 | | submitted to the electors of the entire state at the next general election which is held in the101 |
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| 129 | 129 | | even-numbered years. A summary of such proposal shall be prepared by the Attorney102 |
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| 130 | 130 | | General, the Legislative Counsel, and the Secretary of State and shall be published in the103 |
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| 131 | 131 | | official organ of each county and, if deemed advisable by the 'Constitutional Amendments104 |
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| 132 | 132 | | Publication Board,' in not more than 20 other newspapers in the state designated by such105 |
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| 133 | 133 | | board which meet the qualifications for being selected as the official organ of a county. 106 |
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| 134 | 134 | | Said board shall be composed of the Governor, the Lieutenant Governor, and the Speaker107 |
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| 135 | 135 | | of the House of Representatives. Such summary shall be published once each week for108 |
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| 136 | 136 | | three consecutive weeks immediately preceding the day of the general election at which109 |
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| 137 | 137 | | such proposal is to be submitted. The language to be used in submitting a proposed110 |
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| 138 | 138 | | amendment or a new Constitution shall be in such words as the General Assembly may111 |
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| 139 | 139 | | provide in the resolution, or, in the absence thereof, in such language as the Governor may112 |
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| 140 | 140 | | prescribe. A copy of the entire proposed amendment or of a new Constitution shall be filed113 |
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| 141 | 141 | | in the office of the judge of the probate court of each county and shall be available for114 |
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| 142 | 142 | | public inspection; and the summary of the proposal shall so indicate. The General115 |
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| 143 | 143 | | Assembly is hereby authorized to provide by law for additional matters relative to the116 |
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| 144 | 144 | | publication and distribution of proposed amendments and summaries not in conflict with117 |
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| 145 | 145 | | the provisions of this Paragraph.118 |
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| 146 | 146 | | H. R. 462 |
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| 147 | 147 | | - 5 - 25 LC 47 3197 |
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| 148 | 148 | | (b) If such proposal is ratified by a majority of the electors qualified to vote for members119 |
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| 149 | 149 | | of the General Assembly voting thereon in such general election, such proposal shall120 |
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| 150 | 150 | | become a part of this Constitution or shall become a new Constitution, as the case may be.121 |
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| 151 | 151 | | (c)(1) A proposal to amend this Constitution by direct initiative of the people shall be122 |
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| 152 | 152 | | put on the ballot if a number of registered electors equal to 10 percent or more of the total123 |
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| 153 | 153 | | number of electors who were registered and eligible to vote in Georgia for candidate for124 |
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| 154 | 154 | | the office of presidential elector in the last preceding presidential election in the state sign125 |
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| 155 | 155 | | a petition for direct initiative, thus certifying the petition. Petition signatures must be126 |
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| 156 | 156 | | collected within the boundaries of at least one-half of the state's congressional districts127 |
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| 157 | 157 | | for the petition to be certified.128 |
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| 158 | 158 | | (2) The language to be used in submitting a proposed amendment shall be in such129 |
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| 159 | 159 | | words as provided in the direct initiative process.130 |
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| 160 | 160 | | (3) Summaries and notice of such proposed amendments shall be prepared and131 |
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| 161 | 161 | | provided in the same manner provided for in subparagraph (a) of this Paragraph for132 |
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| 162 | 162 | | proposals by the General Assembly.133 |
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| 163 | 163 | | (4) If such proposal is ratified by a two-thirds' majority of the electors qualified to vote134 |
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| 164 | 164 | | for members of the General Assembly voting thereon in such general election, such135 |
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| 165 | 165 | | proposal shall become a part of this Constitution.136 |
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| 166 | 166 | | (5) If such proposal is rejected by the electors voting in such general election, such137 |
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| 167 | 167 | | proposal shall not become part of this Constitution, and the same or a substantially138 |
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| 168 | 168 | | similar amendment shall not be proposed by direct initiative for a period of three years139 |
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| 169 | 169 | | from the date of such election.140 |
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| 170 | 170 | | (6) The General Assembly shall provide by law for procedures to facilitate the141 |
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| 171 | 171 | | operation of this subsection, and such procedures shall include, but not be limited to,142 |
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| 172 | 172 | | providing for the formatting, sponsorship, circulation, and review of petitions, and143 |
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| 173 | 173 | | procedures for appealing adverse decisions related thereto.144 |
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| 174 | 174 | | H. R. 462 |
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| 175 | 175 | | - 6 - 25 LC 47 3197 |
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| 176 | 176 | | (d) Any proposal so approved shall take effect as provided in Paragraph VI of this article. 145 |
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| 177 | 177 | | When more than one amendment is submitted at the same time, they shall be so submitted146 |
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| 178 | 178 | | as to enable the electors to vote on each amendment separately, provided that one or more147 |
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| 179 | 179 | | new articles or related changes in one or more articles may be submitted as a single148 |
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| 180 | 180 | | amendment."149 |
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| 181 | 181 | | SECTION 4.150 |
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| 182 | 182 | | The above proposed amendment to the Constitution shall be published and submitted as151 |
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| 183 | 183 | | provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the152 |
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| 184 | 184 | | above proposed amendment shall have written or printed thereon the following:153 |
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| 185 | 185 | | "( ) YES154 |
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| 186 | 186 | | ( ) NO155 |
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| 187 | 187 | | 156 |
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| 188 | 188 | | 157 |
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| 189 | 189 | | Shall the Constitution of Georgia be amended so as to provide that the people |
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| 190 | 190 | | of the State of Georgia shall have a limited power through direct initiative and |
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| 191 | 191 | | referendum petition to enact, repeal, or amend statutes and to amend this |
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| 192 | 192 | | Constitution?" |
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| 193 | 193 | | All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." |
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| 194 | 194 | | 158 |
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| 195 | 195 | | All persons desiring to vote against ratifying the proposed amendment shall vote "No." If159 |
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| 196 | 196 | | such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall160 |
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| 197 | 197 | | become a part of the Constitution of this state.161 |
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| 198 | 198 | | H. R. 462 |
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| 199 | 199 | | - 7 - |
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