1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | SECOND REGULAR SESSION |
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5 | 5 | | SENATE JOINT RESOLUTION NO. 79 |
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6 | 6 | | 102ND GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR BROWN (26). |
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8 | 8 | | 4266S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | JOINT RESOLUTION |
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10 | 10 | | Submitting to the qualified voters of Missouri, an amendment repealing sections 50 and 51 of |
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11 | 11 | | article III of the Constitution of Missouri, and adopting three new sections in lieu |
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12 | 12 | | thereof relating to procedures for ballot measures submitted to the voters. |
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13 | 13 | | |
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14 | 14 | | Be it resolved by the Senate, the House of Representatives concurring therein: |
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15 | 15 | | That at the next general election to be held in the 1 |
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16 | 16 | | state of Missouri, on Tuesday next following the first Monday 2 |
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17 | 17 | | in November, 2024, or at a special election to be called by 3 |
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18 | 18 | | the governor for that purpose, there is hereby submitted to 4 |
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19 | 19 | | the qualified voters of this state, for adoption or 5 |
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20 | 20 | | rejection, the following amendment to article III of the 6 |
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21 | 21 | | Constitution of the state of Missouri:7 |
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22 | 22 | | Section A. Sections 50 and 51, article III, Constitution 1 |
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23 | 23 | | of Missouri, are repealed and three new sections adopted in 2 |
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24 | 24 | | lieu thereof, to be known as sections 50, 51, and 54, to read 3 |
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25 | 25 | | as follows:4 |
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26 | 26 | | Section 50. Initiative petitions proposing amendments 1 |
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27 | 27 | | to the constitution shall be signed by eight percent of the 2 |
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28 | 28 | | legal voters in each of two -thirds of the congressional 3 |
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29 | 29 | | districts in the state, and petitions proposing laws shall 4 |
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30 | 30 | | be signed by five percent of such voters. Every such 5 |
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31 | 31 | | petition shall be filed with the secretary of state not less 6 |
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32 | 32 | | than six months before the election and shall contain an 7 |
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33 | 33 | | enacting clause and the full text of the measure. Legal 8 |
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34 | 34 | | voters in each congressional district shall have the 9 SJR 79 2 |
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35 | 35 | | opportunity to review and comment upon all initiative 10 |
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36 | 36 | | petitions proposing an amendment to this constitution 11 |
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37 | 37 | | following the filing of the petition with the secretary of 12 |
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38 | 38 | | state and not less than fifteen days before the measure 13 |
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39 | 39 | | appears on the ballot. Such review and comment process 14 |
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40 | 40 | | shall be administered by the secretary of state in a public 15 |
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41 | 41 | | forum. Petitions for constitutional amendments shall not 16 |
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42 | 42 | | contain more than one amended and revised article of this 17 |
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43 | 43 | | constitution, or one new article which shall not contain 18 |
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44 | 44 | | more than one subject and matters properly connected 19 |
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45 | 45 | | therewith, and the enacting clause thereof shall be "Be it 20 |
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46 | 46 | | resolved by the people of the state of Missouri that th e 21 |
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47 | 47 | | Constitution be amended:". Petitions for laws shall contain 22 |
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48 | 48 | | not more than one subject which shall be expressed clearly 23 |
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49 | 49 | | in the title, and the enacting clause thereof shall be "Be 24 |
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50 | 50 | | it enacted by the people of the state of Missouri:". For 25 |
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51 | 51 | | purposes of this article and article XII of this 26 |
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52 | 52 | | constitution, only citizens of the United States of America, 27 |
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53 | 53 | | who are eighteen years of age or older, who are residents of 28 |
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54 | 54 | | the State of Missouri, and who are properly registered to 29 |
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55 | 55 | | vote in the State of Missouri shall be considered legal 30 |
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56 | 56 | | voters or electors. 31 |
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57 | 57 | | Section 51. 1. The initiative shall not be used : 1 |
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58 | 58 | | (1) For the appropriation of money other than of new 2 |
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59 | 59 | | revenues created and provided for thereby [, or]; 3 |
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60 | 60 | | (2) To permit a public offici al to receive gifts from 4 |
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61 | 61 | | lobbyists; 5 |
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62 | 62 | | (3) To raise sales taxes on food; 6 |
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63 | 63 | | (4) To raise, expand, or impose any taxes or fees on 7 |
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64 | 64 | | real estate, real estate transactions, or real or personal 8 |
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65 | 65 | | property; 9 SJR 79 3 |
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66 | 66 | | (5) To reduce the appropriation of money de dicated to 10 |
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67 | 67 | | any law enforcement agency, the Missouri Department of the 11 |
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68 | 68 | | National Guard, or first responders; 12 |
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69 | 69 | | (6) To reduce state revenues for public education 13 |
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70 | 70 | | under section 3(b) of article IX of this constitution; or 14 |
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71 | 71 | | (7) For any other purpose prohibited by this 15 |
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72 | 72 | | constitution. [Except as provided in this constitution, ] 16 |
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73 | 73 | | 2. It shall be unlawful for: 17 |
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74 | 74 | | (1) A government of a foreign country or a foreign 18 |
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75 | 75 | | political party to sponsor an initiative petition for any 19 |
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76 | 76 | | purpose whatsoever, includ ing but not limited to, the 20 |
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77 | 77 | | purchase of farmland in Missouri; 21 |
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78 | 78 | | (2) A government of a foreign country or a foreign 22 |
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79 | 79 | | political party to directly or indirectly make: 23 |
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80 | 80 | | (a) A contribution or donation of money or other thing 24 |
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81 | 81 | | of value, or make an expr ess or implied promise to make a 25 |
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82 | 82 | | contribution or donation, in connection with an initiative 26 |
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83 | 83 | | petition; 27 |
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84 | 84 | | (b) A contribution or donation to a political 28 |
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85 | 85 | | committee or a political party favoring or opposing an 29 |
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86 | 86 | | initiative petition; or 30 |
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87 | 87 | | (c) An expenditure, independent expenditure, or 31 |
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88 | 88 | | disbursement for an electioneering communication, whether 32 |
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89 | 89 | | print, broadcast, or digital media, or otherwise, related to 33 |
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90 | 90 | | an initiative petition; or 34 |
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91 | 91 | | (3) A person to solicit, accept, or receive a 35 |
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92 | 92 | | contribution or donation from a government of a foreign 36 |
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93 | 93 | | country or a foreign political party, in connection with an 37 |
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94 | 94 | | initiative petition. 38 |
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95 | 95 | | 3. (1) Any measure [proposed] proposing laws shall 39 |
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96 | 96 | | take effect when approved by a majority of the votes cast 40 |
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97 | 97 | | thereon. 41 SJR 79 4 |
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98 | 98 | | (2) Notwithstanding section 2(b) of article XII of 42 |
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99 | 99 | | this constitution to the contrary, any measure proposing an 43 |
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100 | 100 | | amendment to this constitution shall take effect when 44 |
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101 | 101 | | approved by a majority of the votes cast thereon statewide 45 |
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102 | 102 | | by legal voters and also a majo rity of votes cast thereon in 46 |
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103 | 103 | | each of more than half of the congressional districts by 47 |
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104 | 104 | | legal voters. 48 |
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105 | 105 | | (3) When conflicting measures are approved at the same 49 |
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106 | 106 | | election the one receiving the largest affirmative vote 50 |
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107 | 107 | | shall prevail. 51 |
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108 | 108 | | 4. The general assembly shall have exclusive authority 52 |
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109 | 109 | | to enact laws enforcing provisions in this constitution 53 |
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110 | 110 | | relating to ballot measures. 54 |
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111 | 111 | | Section 54. 1. Notwithstanding section 27 of this 1 |
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112 | 112 | | article to the contrary, until three years following th e 2 |
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113 | 113 | | effective date of any law approved by the people through the 3 |
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114 | 114 | | initiative petition process, the general assembly shall not 4 |
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115 | 115 | | pass any law amending or repealing such measure unless, by a 5 |
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116 | 116 | | vote of yeas and nays, at least four -sevenths of the members 6 |
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117 | 117 | | serving in each house, less any vacancies, be recorded as 7 |
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118 | 118 | | voting favorably. 8 |
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119 | 119 | | 2. In the event that a court of competent jurisdiction 9 |
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120 | 120 | | issues a final judgment that declares a law approved by the 10 |
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121 | 121 | | people through the initiative petition process 11 |
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122 | 122 | | unconstitutional or otherwise invalid, in whole or in part, 12 |
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123 | 123 | | or that otherwise renders the law inoperable and of no force 13 |
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124 | 124 | | and effect of law, in whole or in part, the provisions of 14 |
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125 | 125 | | subsection 1 of this section shall not apply and the general 15 |
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126 | 126 | | assembly may amend or repe al such measure in a manner that 16 |
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127 | 127 | | is otherwise consistent with this constitution. 17 |
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128 | 128 | | 3. If any initiative petition proposing a 18 |
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129 | 129 | | constitutional amendment that is approved by the people is 19 SJR 79 5 |
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130 | 130 | | found by a court of competent jurisdiction to be 20 |
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131 | 131 | | unconstitutional or otherwise invalid, in whole or in part, 21 |
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132 | 132 | | the remaining provisions of the amendment shall also be 22 |
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133 | 133 | | invalid. 23 |
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134 | 134 | | 4. Subsections 1 and 2 of this section shall not apply 24 |
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135 | 135 | | to any constitutional amendment adopted through the 25 |
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136 | 136 | | initiative petition process. 26 |
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137 | 137 | | Section B. Under chapter 116, and other applicable 1 |
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138 | 138 | | constitutional provisions and laws of this state allowing 2 |
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139 | 139 | | the general assembly to adopt ballot language for the 3 |
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140 | 140 | | submission of a joint resolution to the voters of this 4 |
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141 | 141 | | state, the official ballot title of the amendment proposed 5 |
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142 | 142 | | in Section A shall be as follows: 6 |
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143 | 143 | | |
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144 | 144 | | 7 "Shall the Missouri Constitution be amended to: |
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145 | 145 | | 8 |
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146 | 146 | | 9 |
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147 | 147 | | • Allow only U.S. citizens to sign and vote on |
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148 | 148 | | initiatives; |
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149 | 149 | | |
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150 | 150 | | 10 • Forbid foreign countries from funding initiatives; |
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151 | 151 | | 11 |
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152 | 152 | | 12 |
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153 | 153 | | • Restrict lawmakers from undoing laws approved by the |
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154 | 154 | | people; |
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155 | 155 | | |
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156 | 156 | | 13 |
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157 | 157 | | 14 |
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158 | 158 | | • Ban initiatives allowing lobbyists' gifts to |
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159 | 159 | | lawmakers; |
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160 | 160 | | |
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161 | 161 | | 15 |
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162 | 162 | | 16 |
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163 | 163 | | • Pass constitutional initiatives by a majority vote in |
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164 | 164 | | a majority of congressional districts?". |
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165 | 165 | | |
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