HCS/HJRs 86, 72 & 119 - This constitutional amendment, if approved by the voters, modifies various provisions relating to ballot measures submitted to the voters.INITIATIVE PETITIONS - SIGNATURE REQUIREMENTS
(Section 50)
Currently, in order for an initiative petition proposing either a constitutional amendment or a statute to be submitted to the voters, it must receive a specified number of signatures in two-thirds of the congressional districts. This constitutional amendment requires signatures from all congressional districts for initiative petitions proposing constitutional amendments. Initiative petitions proposing statutes would still require signatures from two-thirds of the congressional districts.
REVIEW AND COMMENT PERIOD
(Section 50)
Voters in each congressional district shall have the opportunity to review and comment upon all initiative petitions proposing constitutional amendments following the filing of the petition with the Secretary of State and not less than 15 days before the measure appears on the ballot. Such review and comment process shall be administered by the Secretary of State in a public forum.
PROHIBITING FOREIGN ACTIVITY IN INITIATIVE PETITIONS
(Section 51.2)
The amendment creates new restrictions relating to foreign government activity with respect to constitutional amendments. Specifically, it shall be unlawful for:
• A government of a foreign country or a foreign political party to sponsor an initiative petition for any purpose whatsoever;
• A government of a foreign country or a foreign political party to directly or indirectly make contributions in connection with an initiative petition or contributions in support of or opposition to an initiative petition;
• A government of a foreign country or a foreign political party to directly or indirectly make an expenditure, independent expenditure, or disbursement for an electioneering communication, whether print, broadcast, or digital media, or otherwise, related to an initiative petition; or
• A person to solicit, accept, or receive a contribution or donation from a government of a foreign country or a foreign political party, in connection with an initiative petition.
VOTER APPROVAL REQUIREMENTS
(Section 51.3)
Current law provides that any initiative petition submitted to the voters shall take effect when approved by a simple majority of the votes cast on the measure. This amendment requires all initiative petitions proposing constitutional amendments to receive a majority of the votes cast statewide as well as a majority of the votes cast in at least a majority of the Congressional districts.
TREATMENT OF ADOPTED INITIATED MEASURES
(Section 54)
Until two years following the effective date of any statutory measure approved through the initiative petition process, the General Assembly shall not pass any law amending or repealing such measure unless approved by at least 4/7 of the members serving in each house, less any vacancies. In the event that a court of competent jurisdiction issues a final judgment that declares a law approved by the people through the initiative petition process is unconstitutional or otherwise invalid, in whole or in part, or that otherwise renders the measure inoperable and of no force and effect of law, in whole or in part, the General Assembly may amend or repeal such measure in a manner that is otherwise consistent with the constitution.
If any initiative petition proposing a constitutional amendment that is approved by the people is found by a court of competent jurisdiction to be unconstitutional or otherwise invalid, in whole or in part, the remaining provisions of the amendment shall also be invalid.
These provisions are substantially similar to provisions in CCS/SS#3/HCS/HJR 43 (2023).
SCOTT SVAGERA