October 23, 2023 - Introduced by Senators Smith, Hesselbein, L. Johnson and Larson, cosponsored by Representatives Sinicki, Joers, Shankland, J. Anderson, Ratcliff, Conley, Emerson, Snodgrass, Baldeh, Ohnstad, Bare, Shelton, Considine, Palmeri, Jacobson and Andraca. Referred to Committee on Government Operations.

SJR80,,22To amend section 1 of article IV, section 17 (2) of article IV and section 10 (1) (b) of article V; and to create section 7 of article III, section 17 (4) of article IV, section 17 (5) of article IV, section 17 (6) of article IV and section 17 (7) of article IV of the constitution; relating to: reserving to the people the power of referendum to reject acts of the legislature and the power of initiative to propose and approve at an election laws and constitutional amendments (first consideration).

This constitutional amendment, proposed to the 2023 legislature on first consideration, creates a petition process by which the people may propose and approve laws and constitutional amendments at an election and creates a referendum process by which the people may reject an act of the legislature.

The amendment provides that no act may become effective until at least 120 days after the act is published. During that period, the people may file a petition with the commission that administers state elections (Elections Commission) for a referendum to reject the act, a section of the act, or an item of appropriation in the act. The amendment requires the legislature to establish the Elections Commission.

A petition for referendum must be signed by qualified electors equaling at least 4 percent of the vote cast for the office of governor at the last preceding gubernatorial election and must be filed with the Elections Commission within 90 days after the date of publication of the act.

After validating a petition’s signatures, the Elections Commission is required to order a referendum at the next general election occurring at least 120 days after the petition was filed with the Elections Commission. No act or part of an act subject to the petition may go into effect unless a majority of those voting on the referendum approve it. If the petition is against a part of an act, the remainder of the act is not prevented from going into effect. No act or part of an act rejected in a referendum may be reenacted during the legislative session in which it was rejected.

The amendment further provides that the people may propose, by petition filed with the Elections Commission, laws and constitutional amendments for a vote at an election. The petition must satisfy all of the following conditions:

1. If a petition for an initiative law, be signed by qualified electors equaling at least 6 percent of the vote cast for the office of governor at the last preceding gubernatorial election.

2. If a petition for an initiative constitutional amendment, be signed by qualified electors equaling at least 8 percent of the vote cast for the office of governor at the last preceding gubernatorial election.

3. Include the full text of the proposed law or constitutional amendment prepared in proper form. Upon request by any qualified elector, the Elections Commission is required to have the proposed law or constitutional amendment drafted in proper form and made available to the public. The proposed law or amendment must embrace no more than one subject, and that subject must be expressed in the title.

4. Be filed with the Elections Commission not less than 120 days before the election at which the proposed law or constitutional amendment is to be voted upon.

Similar to the process for a referendum, after verifying an initiative petition’s signatures, the Elections Commission is required to order the submission of the initiative law or constitutional amendment to the qualified electors of the state for their approval or rejection at the next succeeding general election occurring at least 120 days after the petition was filed with the Elections Commission.

If approved by a majority of the qualified electors voting at the election, an initiative law or constitutional amendment goes into effect on the 30th day after the date the Elections Commission certifies the election results, unless a different effective date is specified in the initiative. The legislature may not repeal or amend an initiative law for the two years immediately succeeding its publication and may not repeal or amend an initiative law except by a vote of two-thirds of all members elected to each house. If an initiative law or constitutional amendment fails to pass at the election, substantially the same initiative law or amendment, as determined by the Elections Commission, may not be considered again by voters under the initiative process for at least five years.