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Article XIV, § 2

less than six weeks after the adjournment of such convention[]; and if the people shall approve and ratify [Upon the approval of] such constitution or constitutional amendments by a majority of the electors voting thereon, [in the manner provided in the last preceding section,] such constitution or constitutional amendment, shall go into effect on the first day of January next after such approval.

1906. A. No. 1600 (Int. 585). To S.

1907.

1908.

A. J. 275, 335, 478, 521, 555, 570, 613, 739, 767, 786, 827, 921, 1002, 1132, 1191, 1417, 1488, 1592.

S. J. 822.

A. No. 768 (Int. 164). To S.

A. J. 51, 144, 255, 290, 323, 387, 427.

S. J. 272.

A. No. 555 (Int. 517). To S.

A. J. 185, 325, 387, 421, 442, 463, 486, 532.
S. J. 270.

2. Initiative, referendum and recall

(For proposed amendment to this and other sections providing for the initiative, the referendum and the recall of elective officers, see p. 293.)

3. Single legislative body

(For proposed amendment to this and other sections providing for a single legislative body, see p. 316.)

PROPOSALS TO ADD NEW ARTICLE XVI

1. Initiative and referendum

§ 1. (The two following proposals to add a new Article XVI were not submitted to the people.) The right to approve or to reject proposed amendments to the constitution, and proposed laws applying to the State as a whole, shall rest with a majority of the electors of the State. The right to approve or reject proposed laws applying only to any political subdivision of the State (such as county, city, town or village) shall rest with a majority of the qualified electors of such political subdivision. The method of such approval or rejection shall be that known as the referendum.

§ 2. The right to propose amendments to this constitution, and laws applying to the State as a whole, shall (in addition to being exercised by members of the senate and assembly) rest with the electors of the State; and the right to propose laws affecting only a political subdivision of the State, such as are enumerated in section one of this article, shall (in addition to being exercised by members of the local legislature) rest with the electors of such subdivision. The method to be employed in so proposing measures shall be that known as the initiative.

3. The right to demand a submission of any measure to the direct vote of the electors, shall, in the case of amendments to this constitution, and of laws applying to the State as a whole, rest with such proportion of the electors thereof, not to exceed ten per centum, as may be determined by law; and in case of laws applying only to a political subdivision of the State, with such proportion of the electors of such subdivision, not to exceed ten per centum, as may be determined by a law of such subdivision. In determining the percentage of electors required to make any demand for submission legal, the same shall be computed upon the number of electors casting ballots at the last regular election immediately preceding the filing of such demand.

§ 4. All demands for such submissions to direct vote of the electors shall be written or printed, shall, when demanding submission of bills already enacted by a legislative body, refer the same by title, chapter and number, if the bill have such designations, and shall in all other cases contain the full text of the proposed law. Such demands shall be signed by the electors making the same, and shall state adjacent to each signature the place where

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Article XVI, § 6

such person resides, and at least ten of the persons signing the same in each county where signatures are obtained, shall make oath before a competent officer that they are themselves duly qualified electors residing at the places stated adjacent to their respective signatures, and believe that all the other persons signing such demand and residing in the same county with themselves are also duly qualified electors residing as stated therein. Such demands shall, in case of laws applying to the State as a whole, be filed with the secretary of state, and in case of laws applying only to a political subdivision of the State, with such officer of such subdivision as the law thereof may direct.

§ 5. All measures demand for the submission of which has been duly filed with the proper officer shall be by him properly published in full according to law, and he shall cause the same to be submitted to a direct vote of the electors qualified to vote thereon, at the first regular election held after the expiration of thirty days from the filing of such demand; and the secretary of state, or other proper officer qualified to receive the same, with whom any such demand for the submission of any measure, filed under any of the various sections of this article, shall have been in due form filed, who shall neglect or refuse to comply with such demand, and who shall fail to submit properly the measure therein named to a vote of the electors qualified to vote thereon at the first election at which the same may be legally submitted shall be deemed to be guilty of misfeasance in office, and shall be liable to impeachment, and to be indicted and punished as may be by law directed; provided, that nothing in this section contained shall be held to require the submission of any measure proposed by the electors through the initiative, which shall have been enacted without change or amendment therein by any competent legislative body, and which shall have duly become law at least thirty days prior to the first regular election at which the same might legally be submitted to direct vote of the electors.

§ 6. When a demand, through the initiative, for the submission of a proposed measure is duly filed with the officer qualified to receive the same, he shall, if the legislative body competent to enact such proposed measure into law be in session, or if it shall be regularly convened before such proposed measure can be legally submitted to a direct vote of the electors, forthwith present such proposed measure to such legislative body, by filing

Article XVI, § 7

with the clerk thereof, or with the clerk of each house thereof if such legislative body consist of more than one house, a duly certified copy of the proposed measure and the demand for the submission of the same on file in his office, together with a statement of the number of signatures appended thereto, and thereupon such proposed measure shall take precedence in such legislative body over all bills introduced by members; and if such measure be not passed by such legislative body, and duly made law, at least thirty days prior to the holding of the first election at which such measure can legally be submitted to a vote of the electors, the officer with whom such demand shall have been filed shall submit the same to a direct vote of the electors qualified to vote thereon, according to the provisions of this article and the laws relating to submissions and elections.

§ 7. In case any legislative body shall in any manner alter or amend, before passing the same, any measure proposed through the initiative by electors and submitted to such body under the provisions of the preceding section, then and in that event, the measure as initiated by the demand filed, and the measure as amended and passed by such legislative body, shall both be submitted to a direct vote of the electors qualified to vote thereon, under separate and distinct titles, as provided in this article; and the measure receiving an affirmative majority of the votes cast for and against such measure shall become law; but if both of such measures receive an affirmative majority of the votes cast for and against each of the same, the one receiving the higher affirmative majority shall become law, and the other shall be deemed to have been rejected.

§ 8. The legislature may, by a three-fourths vote of all the members elected to each house, declare certain bills to be urgent, and such bills so declared to be urgent, when approved by the governor, shall take immediate effect; but the legislature shall have no power to declare bills to be urgent, except those relating to the immediate preservation of the public peace or of the public health.

§ 9. Bills passed by the legislature, other than those declared to be urgent, and which shall become law with or without the approval of the governor, shall go into effect at the expiration of sixty days after the date of the final adjournment of the legislature passing such bills, unless a demand for the referendum, as provided in this article, shall in the interim be filed with the secretary of state.

Article XVI, 13

§ 10. Neither the legislature, nor any local legislative body, shall have power to enact laws which shall in any manner alter, modify, repeal, or render nugatory laws which have been enacted by a direct vote of the electors of the State or of any political subdivision thereof.

§ 11. All laws, general or local, enacted by a direct vote of the electors under the provisions of this article, shall become law, unless otherwise explicitly stated therein, immediately upon the certification and filing with the proper officers of the result of the canvass of the ballots cast for and against the same, provided that such canvass shall show that more persons have voted for than have voted against the enactment of such law.

§ 12. Either house of the legislature, or of the legislative body of any political subdivision of the State, may, of its own motion, by resolution, provide for the submission to a direct vote of the electors qualified to vote thereon of any measure introduced in, pending before, or enacted by it, or of any question upon which such body may desire the instruction of its constituents; and immediately upon the passage of any such resolution for submission it shall become the duty of the clerk of such body to forthwith file the same with the officer competent to receive demands for the submission of like measures, or measures relating to the same matters as such question, when filed by electors, by depositing in the office of such officer duly certified copies of such measure or question and of the resolution of submission relating thereto, duly signed by the presiding officer and clerk of such body, and attested by the seal thereof, if such body have one; and thereupon it shall become the duty of such officer, with whom such papers shall have been filed, to cause such measure or question to be submitted to a direct vote of the electors qualified to vote thereon, in the same manner, and under the same penalties for failure so to do, as is provided in this article for the submission of measures upon demand made and filed by electors.

§ 13. Either house of the legislature, or of the legislative body of any political subdivision of the State, providing by resolution for the submission of any measure or question as provided for in the preceding section, when no regular election at which the same can be submitted to a vote of the electors qualified to vote thereon shall be appointed to be held within sixty days from the date of the passage of such resolution of submission, may, by a vote of two

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