IX. MICHIGAN 1

[The constitution adopted in 1908 provided that the Legislature might refer bills to the voters, and that the initiative might be used for constitutional amendments. These provisions follow.]

Art V, Sec. 38. Any bill passed by the legislature and approved by the governor, except appropriation bills, may be referred by the legislature to the qualified electors; and no bill so referred shall become law unless approved by a majority of the electors voting thereon.

Art. XVII, Sec. 2. Amendments may also be proposed to this constitution by petition of the qualified electors of this state but no proposed amendment shall be submitted to the electors unless the number of petitioners therefor shall exceed twenty per cent of the total number of electors voting for secretary of state at the preceding election of such officer. All petitions shall contain the full text of any proposed amendment, together with any existing provisions of the constitution which would be altered or abrogated thereby. Such petitions shall be signed at the regular registration or election places at a regular registration or election under the supervision of the officials thereof, who shall verify the genuineness of the signatures and certify the fact that the signers are registered electors of the respective townships and cities in which they reside, and shall forthwith forward the petitions to the secretary of state. All petitions for amendments filed with the secretary of state shall be certified by that officer to the legislature at the opening of its next regular session; and, when such petitions for any one proposed amendment shall be signed by not less than the required number of petitioners, he shall also submit the proposed amendment to the electors at the first regular election thereafter, unless the legislature in joint convention shall disapprove of the proposed amendment by a majority of the members elected. The legislature may, by a like

1 Legislative Manual, 1909, pp. 566 ff.

vote, submit an alternative or a substitute proposal on the same subject. The action of the legislature shall be entered on the journal of each house, with the yeas and nays taken thereon. But no amendment to this section may be proposed in the manner prescribed.

If a majority of the electors qualified to vote for members of the legislature voting thereon shall ratify and approve any such amendment or amendments, the same shall become a part of the constitution: Provided, That for any amendment proposed under this section, the affirmative vote shall be not less than onethird of the highest number of votes cast at the said election for any office. In case alternatives proposed on the same subject are submitted at the same election, the vote shall be for one of such alternatives or against such proposed amendments as a whole. If the affirmative vote for one proposed amendment is the required majority of all the votes cast for and against such proposed amendments, it shall become a part of the constitution. If the total affirmative vote for such alternative proposed amendments is the required majority of all the votes for and against them, but no one proposed amendment receives such majority, then the proposed amendment which receives the largest number of affirmative votes shall be submitted at the next regular election, and if it then receives the required majority of all the votes cast thereon it shall become a part of the constitution. The legislature shall enact appropriate laws to carry out the provisions of this section.

Sec. 3. All proposed amendments to the constitution submitted to the electors shall be published in full, with any existing provisions of the constitution which would be altered or abrogated thereby, and a copy thereof shall be posted at each registration and election place. Proposed amendments shall also be printed in full on a ballot or ballots separate from the ballot containing the names of nominees for public office.

X. ARKANSAS 1

[The Legislature of Arkansas adopted an initiative and referendum amendment on February 19, 1909. It was ratified by the voters at the general election held September 12, 1910, and is as follows.]

The legislative powers of this state shall be vested in a General Assembly, which shall consist of a Senate and a House of Representatives, but the people of each municipality, each county, and of the state reserve to themselves power to propose laws and amendments to the Constitution and to enact or reject the same at the polls as independent of the legislative assembly, and also reserve power at their own option to approve or reject at the polls any act of the legislative assembly.

The first power reserved by the people is the Initiative, and not more than 8 per cent of the legal voters shall be required to propose any measure by such petition, and every such petition shall include the full text of the measure so proposed. Initiative petitions shall be filed with the Secretary of State not less than four months before the election at which they are to be voted upon.

The second power is the Referendum, and it may be ordered (except as to laws necessary for the immediate preservation of the public peace, health or safety) either by the petition signed by 5 per cent of the legal voters or by the legislative assembly as other bills are enacted. Referendum petitions shall be filed with the Secretary of State not more than ninety days after the final adjournment of the session of the legislative assembly which passed the bill on which the referendum is demanded. The veto power of the Governor shall not extend to measures referred to the people. All elections on measures referred to the people of the State shall be had at the biennial regular general elections, except when the legislative assembly shall order a special

1 Acts of Arkansas, 1909, pp. 1238 ff.

election. Any measure referred to the people shall take effect and become a law when it is approved by a majority of the votes cast thereon and not otherwise.

The style of all bills shall be, "Be it enacted by the State of Arkansas." This section shall not be construed to deprive any member of the legislative assembly of the right to introduce any measure. The whole number of votes cast for Governor at the regular election last preceding the filing of any petition for the Initiative or the Referendum shall be the basis on which the number of legal votes necessary to sign such petition shall be counted. Petitions and orders for the Referendum and Initiative shall be filed with the Secretary of State, and in submitting the same to the people he and all other officers shall be guided by the general election laws and the acts submitting this amendment until legislation shall be specially provided therefor.

XI. COLORADO

the

[At an extraordinary session and as an emergency measure, Colorado Legislature passed an initiative and referendum amendment on September 2, 1910. It was adopted November 8, 1910, by a vote of 89,141 for, to 28,698 against,or a majority of 60,443.]

The Constitutional Amendment1

An Act to submit to the qualified voters of the state of Colorado an amendment to Section 1 of Article V of the constitution of the state of Colorado, providing for the initiative and referendum. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There shall be submitted to the qualified electors of the State of Colorado, at the next general election for members of the General Assembly for their approval or rejection, the following constitutional amendment, which, when ratified by a majority of those voting thereon, shall be valid as part of the Constitution.

1 Session Laws of Colorado, 1910, pp. 11 ff.

Section 2. That Section 1 of Article V of the Constitution of the State of Colorado be so amended as to read as follows:

Section 1. The legislative power of the State shall be vested in the General Assembly consisting of a Senate and House of Representatives, both to be elected by the people, but the people reserve to themselves the power to propose laws and amendments to the Constitution and to enact or reject the same at the polls independent of the General Assembly, and also reserve power at their own option to approve or reject at the polls any act, item, section or part of any act of the General Assembly.

The first power hereby reserved by the people is the INITIATIVE, and at least eight per cent of the legal voters shall be required to propose any measure by petition, and every such petition shall include the full text of the measure so proposed. Initiative petitions for State legislation and amendments to the Constitution shall be addressed to and filed with the Secretary of State at least four months before the election at which they are to be voted upon.

The second power hereby reserved is the REFERENDUM, and it may be ordered, except as to laws necessary for the immediate preservation of the public peace, health, or safety, and appropriations for the support and maintenance of the department of state and state institutions, against any act, section or part of any act of the General Assembly, either by a petition signed by five per cent of the legal voters or by the General Assembly. Referendum petitions shall be addressed to and filed with the Secretary of State not more than ninety days after the final adjournment of the session of the General Assembly, that passed the bill on which the referendum is demanded. The filing of a referendum petition against any item, section or part of any act shall not delay the remainder of the act from becoming operative. The veto power of the Governor shall not extend to measures initiated by or referred to the people. All elections on measures referred to the people of the State shall be held at the biennial regular general election, and all such measures shall become the