senate Bill S709

2011-2012 Legislative Session

Provides for initiative and referendum in New York State for the People as electors to propose or reject laws and submit amendments to the state constitution

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Mar 06, 2012 advanced to third reading
Mar 05, 2012 2nd report cal.
Mar 01, 2012 1st report cal.261
Feb 08, 2012 opinion referred to judiciary
Jan 09, 2012 to attorney-general for opinion
Jan 04, 2012 referred to judiciary
returned to senate
died in assembly
Jun 07, 2011 referred to judiciary
delivered to assembly
passed senate
Apr 27, 2011 opinion referred to judiciary
Mar 03, 2011 advanced to third reading
Mar 02, 2011 2nd report cal.
Mar 01, 2011 1st report cal.120
Jan 14, 2011 to attorney-general for opinion
Jan 05, 2011 referred to judiciary

Votes

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Mar 1, 2012 - Judiciary committee Vote

S709
14
8
committee
14
Aye
8
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Mar 1, 2011 - Judiciary committee Vote

S709
11
8
committee
11
Aye
8
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Co-Sponsors

S709 - Bill Details

Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 3 §§13, 14 & 16, Art 19 §1, Art 4 §7, ren Art 20 to be Art 21, add Art 20 §§1 - 11, Constn
Versions Introduced in 2009-2010 Legislative Session:
S6429

S709 - Bill Texts

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Provides for initiative and referendum in New York State for the People as electors to propose or reject laws and submit amendments to the state constitution.

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BILL NUMBER:S709

TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing amendments to
the constitution, in relation to providing the electors with the power
of initiative and referendum

PURPOSE:;
This proposal would amend the New York State constitution to reserve
for the People of the State the powers of initiative and referendum.

Sections 1 through 5 of the concurrent resolution would amend section
13 of Article 3, Section 14 of Article 3, Section 1 of Article 19,
section 16 of Article 3 and Section 7 of Article 4 of the State
Constitution, respectively, to accommodate a new Article 20 to
reserve to the People of the state the powers of initiative and
referendum (I&R).

Section 6 of the concurrent resolution would renumber Article 20 of
the Constitution Article 21 and provides for a new Article 20. The
new Article 20 would reserve to New Yorkers the power to propose laws
and amendments to the Constitution, and to adopt or reject laws
independent of the Legislature. Initiative is the power of the
electors to propose statutes and amendments to the Constitution and
referendum is the power to approve or reject statutes or part of
statutes. For an initiative or referendum measure to appear on a
ballot, a petition setting forth the proposal must be filed with the
State Board of Elections and be signed by electors at least equal in
number to 5 percent of the votes cast for all candidates for governor
at the last gubernatorial election. Such signatures must include at
least 5,000 signatures from each of at least three-fifths of the
State's congressional districts. The process for gathering signatures
for a petition in support of an I&R proposal and for presenting the
petition to the Board of Elections shall be conducted in substantial
conformity with Election Law provisions governing independent
petitions.

Prior to circulation of a petition for signatures, a copy of the
initiative or referendum shall be submitted to the Attorney General
who shall prepare a title and summary of the measure which shall not
give any indication of support or opposition to such measure. The
measure shall also be submitted to the Legislative Bill Drafting
Commission for technical comments on the form of the measure. Any
action or proceeding in which a question arises as to the validity of
a measure or which challenges the title and summary of such measure
shall be granted a preference in all courts.

To be enacted, an initiative or referendum measure must be approved by
a majority of the electors voting on the measure statewide. A
measure proposing or rejecting a statute that has been approved shall
be effective on the first day of January of the year next succeeding
its passage unless the measure expressly provides otherwise. A
measure amending the
constitution must be approved by a majority of the electors voting on


the measure statewide in two successive elections in which there are
candidates for the state senate and Assembly.

I&R shall be permitted for any measure except the following: (i)
calling for elections; (ii) appropriating funds, except for a single
object or purpose, (iii) naming any individuals to hold office, or
(iv) granting any power or duty to any private entity or directing
such entity to perform a function. An initiative measure embracing
more than one subject is not permitted and a maximum of four discrete
measures may be submitted at anyone general election.

The Legislature shall be prohibited from repealing or amending a
measure adopted or rejected through I&R for a period of two years.
After two years, any legislative proposal to amend or repeal an I&R
measure shall be put to the voters at the next general election for
approval or rejection.

This constitutional amendment will also reserve to the citizens of all
cities, towns and counties the power of I&R. signatures of electors
of a municipality equal in number to at least 5 percent of the votes
cast in such municipality for all candidates for governor at the last
gubernatorial election will be required to propose any measure by I&R
and an affirmative vote of the majority of electors voting on the
measure will be required to be enacted. Petitions shall be submitted
to the county board of elections which will resolve challenges to
such petitions.

Section 7 would provide for submission of this constitutional
amendment to the first regular session of the Legislature after the
next succeeding general election of the member's of the Assembly.

EXISTING LAW:
The People of the state do not currently have the constitutional right
to enact laws, amend the constitution or repeal laws by initiative or
referendum. Section 13 of Article 3 of the constitution provides that
no law shall be enacted except by bill. Section 14 of Article 3 of
the constitution provides that no bill shall become law except by the
assent of a majority of the members elected to each branch of the
Legislature.
Section 1 of Article 19 of the Constitution provides that proposed
amendments to the Constitution shall be effective if they are agreed
to by a majority of the members of both branches of two successive
Legislatures and subsequently approved by a majority of the electors
voting thereon. Section 7 of Article 4 of the Constitution provides
that every bill that passes the Legislature must be presented to the
Governor for approval. Section 16 of Article 3 provides that no act
shall be passed which provides that an existing law shall be deemed a
part of the act, except by inserting the law into the act.

Amending the State constitution to allow initiative and referendum will
provide the citizens of New York the ability to enact laws which are
specifically addressed to their concerns. This procedure is a reflection
of the basic tenet of democracy which embodies government by the people,
of the People and for the People. I&R is an integral mechanism for
voters to exercise a direct and active role in enacting and defeating
laws. The People of New York deserve a greater
voice in government and will citizenry. I&R will provide voters


stronger representation and allow
them to act when their elected representatives fail to do so.

BUDGET IMPLICATIONS:
None.

EFFECTIVE DATE:
Resolved (if the Assembly concur), That the foregoing amendments be
referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   709

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing amendments to the constitution, in relation to  providing  the
  electors with the power of initiative and referendum

  Section 1. Resolved (if the Assembly concur), That section 13 of arti-
cle 3 of the constitution be amended to read as follows:
  S  13.  The  enacting  clause of all bills shall be "The People of the
State of New York, represented in  Senate  and  Assembly,  do  enact  as
follows,"  and  no law shall be enacted except by bill; EXCEPT AS OTHER-
WISE PROVIDED IN ARTICLE TWENTY OF THIS CONSTITUTION.
  S 2. RESOLVED (if the Assembly concur), That section 14 of  article  3
of the constitution be amended to read as follows:
  S  14. A. No bill shall be passed or become a law unless it shall have
been printed and upon the desks of the members, in its  final  form,  at
least three calendar legislative days prior to its final passage, unless
the governor, or the acting governor, shall have certified, under his or
her  hand and the seal of the state, the facts which in his or her opin-
ion necessitate an immediate vote thereon, in which case it must  never-
theless  be upon the desks of the members in final form, not necessarily
printed, before its final passage; nor  shall  any  bill  be  passed  or
become  a law, except by the assent of a majority of the members elected
to each branch of the legislature; and upon the last reading of a  bill,
no  amendment  thereof shall be allowed, and the question upon its final
passage shall be taken immediately thereafter, and  the  ayes  and  nays
entered on the journal.
  B.  THIS  SECTION SHALL NOT APPLY TO ANY INITIATIVE OR REFERENDUM THAT
IS SUBJECT TO THE PROVISIONS OF ARTICLE TWENTY OF THIS CONSTITUTION.
  S 3. RESOLVED (if the Assembly concur), That section 1 of  article  19
of the constitution be amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89029-01-1

S. 709                              2

  Section  1. A. Any amendment or amendments to this constitution may be
proposed in the senate and assembly whereupon such amendment  or  amend-
ments  shall  be referred to the attorney-general whose duty it shall be
within twenty days thereafter to render an opinion  in  writing  to  the
senate  and  assembly  as  to the effect of such amendment or amendments
upon other provisions of the constitution. Upon receiving such  opinion,
if the amendment or amendments as proposed or as amended shall be agreed
to  by a majority of the members elected to each of the two houses, such
proposed amendment or amendments shall be entered on their journals, and
the ayes and noes taken thereon, and referred to the next regular legis-
lative session  convening  after  the  succeeding  general  election  of
members  of the assembly, and shall be published for three months previ-
ous to the time of making  such  choice;  and  if  in  such  legislative
session,  such  proposed amendment or amendments shall be agreed to by a
majority of all the members elected to each house, then it shall be  the
duty  of the legislature to submit each proposed amendment or amendments
to the people for approval in such manner  and  at  such  times  as  the
legislature  shall prescribe; and if the people shall approve and ratify
such amendment or amendments by a majority of the electors voting there-
on, such amendment or amendments shall become a part of the constitution
on the first day of January next after such approval.  Neither the fail-
ure of the attorney-general to  render  an  opinion  concerning  such  a
proposed  amendment  nor his or her failure to do so timely shall affect
[th] THE validity of such proposed amendment or legislative action ther-
eon.
  B. THIS SECTION SHALL NOT APPLY TO AN AMENDMENT BY INITIATIVE  SUBJECT
TO THE PROVISIONS OF ARTICLE TWENTY OF THIS CONSTITUTION.
  S  4.  RESOLVED (if the Assembly concur), That section 16 of article 3
of the constitution be amended to read as follows:
  S 16. A. No act shall be passed which shall provide that any  existing
law, or any part thereof, shall be made or deemed a part of said act, or
which  shall  enact  that  any  existing  law, or part thereof, shall be
applicable, except by inserting it in such act.
  B. THIS SECTION SHALL  NOT  APPLY  TO  ANY  INITIATIVE  OR  REFERENDUM
SUBJECT TO THE PROVISIONS OF ARTICLE TWENTY OF THIS CONSTITUTION.
  S 5. RESOLVED (if the Assembly concur), That section 7 of article 4 of
the constitution be amended to read as follows:
  S  7.  A.  Every  bill which shall have passed the senate and assembly
shall, before it becomes a law, be presented to  the  governor;  if  the
governor  approve,  he or she shall sign it; but if not, he or she shall
return it with his or her objections to the house in which it shall have
originated, which shall enter the objections at large  on  the  journal,
and  proceed to reconsider it. If after such reconsideration, two-thirds
of the members elected to that house shall agree to pass  the  bill,  it
shall be sent together with the objections, to the other house, by which
it  shall likewise be reconsidered; and if approved by two-thirds of the
members elected to that house, it shall become a law notwithstanding the
objections of the governor. In all such cases the votes in  both  houses
shall  be  determined  by  yeas  and  nays, and the names of the members
voting shall be entered on the journal of each  house  respectively.  If
any  bill shall not be returned by the governor within ten days (Sundays
excepted) after it shall have been presented to him  or  her,  the  same
shall  be a law in like manner as if he or she had signed it, unless the
legislature shall, by their adjournment, prevent its  return,  in  which
case  it shall not become a law without the approval of the governor. No
bill shall become a law after the final adjournment of the  legislature,

S. 709                              3

unless  approved  by the governor within thirty days after such adjourn-
ment. If any bill presented to the governor  contain  several  items  of
appropriation  of  money, the governor may object to one or more of such
items while approving of the other portion of the bill. In such case the
governor  shall  append to the bill, at the time of signing it, a state-
ment of the items to which he or she objects; and the  appropriation  so
objected  to shall not take effect. If the legislature be in session, he
or she shall transmit to the house in which the bill originated  a  copy
of  such statement, and the items objected to shall be separately recon-
sidered. If on reconsideration one or more of such items be approved  by
two-thirds  of the members elected to each house, the same shall be part
of the law, notwithstanding the objections  of  the  governor.  All  the
provisions  of  this  section,  in relation to bills not approved by the
governor, shall apply in  cases  in  which  he  or  she  shall  withhold
approval from any item or items contained in a bill appropriating money.
  B.  THIS  SECTION SHALL NOT APPLY TO ANY INITIATIVE OR REFERENDUM THAT
IS SUBJECT TO THE PROVISIONS OF ARTICLE TWENTY OF THIS CONSTITUTION.
  S 6. RESOLVED (if the Assembly concur), That article 20 of the consti-
tution be renumbered article 21 and a new article 20 be added to read as
follows:
                               ARTICLE XX
                        INITIATIVE AND REFERENDUM

  SECTION 1. NOTWITHSTANDING ANY OTHER PROVISION OF  THIS  CONSTITUTION,
THE  PEOPLE  RESERVE  TO  THEMSELVES  THE  POWER  TO PROPOSE LAWS AND TO
PROPOSE AMENDMENTS TO THE CONSTITUTION, AND TO ADOPT OR REJECT THE SAME,
AT THE POLLS, INDEPENDENT OF  THE  LEGISLATURE,  AND  ALSO  RESERVE  THE
POWER, AT THEIR OWN OPTION, TO SO ADOPT OR REJECT ANY ACT, OR SECTION OR
PART OF ANY ACT, PASSED BY THE LEGISLATURE.
  S  2. AS USED IN THIS ARTICLE: A. INITIATIVE IS THE POWER OF THE ELEC-
TORS TO PROPOSE AMENDMENTS TO THE CONSTITUTION AND TO PROPOSE  STATUTES;
AND
  B.  REFERENDUM IS THE POWER OF THE ELECTORS TO APPROVE OR REJECT STAT-
UTES OR PARTS OF STATUTES.
  S 3. INITIATIVE MAY BE USED FOR ANY MEASURE EMBRACING A SINGLE  OBJECT
OR  PURPOSE,  EXCEPT  THE  FOLLOWING:   CALLING ELECTIONS; APPROPRIATING
FUNDS, EXCEPT FOR AN INITIATIVE PROPOSING AN APPROPRIATION FOR A  SINGLE
OBJECT  OR PURPOSE; NAMING ANY INDIVIDUALS TO HOLD ANY OFFICE; OR NAMING
OR IDENTIFYING ANY  PRIVATE  CORPORATION  OR  OTHER  PRIVATE  ENTITY  TO
PERFORM ANY FUNCTION OR TO HAVE ANY POWER OR DUTY. SUCH MEASURES MAY NOT
BE  SUBMITTED TO THE ELECTORS AND SHALL NOT HAVE THE FORCE AND EFFECT OF
LAW.
  S 4. AN INITIATIVE OR REFERENDUM MEASURE MAY BE PROPOSED BY PRESENTING
TO THE STATE BOARD OF ELECTIONS A PETITION THAT SETS FORTH THE  TEXT  OF
THE  PROPOSED  STATUTE,  CONSTITUTIONAL AMENDMENT OR REFERENDUM AND THAT
HAS BEEN SIGNED BY ELECTORS EQUAL IN NUMBER TO AT LEAST FIVE PERCENT  OF
THE VOTES CAST FOR ALL CANDIDATES FOR GOVERNOR AT THE LAST GUBERNATORIAL
ELECTION. SUCH SIGNATURES MUST INCLUDE AT LEAST FIVE THOUSAND SIGNATURES
FROM EACH OF AT LEAST THREE-FIFTHS OF THE CONGRESSIONAL DISTRICTS OF THE
STATE.
  S  5. A. PETITIONS FOR AN INITIATIVE OR REFERENDUM MEASURE SHALL BE IN
SUBSTANTIALLY THE SAME FORM AS PRESCRIBED BY THE ELECTION LAW FOR  INDE-
PENDENT  NOMINATING  PETITIONS, AND SHALL BE CIRCULATED AND PRESENTED IN
THE MANNER PRESCRIBED BY SUCH LAW, EXCEPT THAT THE PETITION SHALL  STATE
THAT  THE  REGISTERED  VOTER  DESIRES TO HAVE THE SPECIFIC INITIATIVE OR

S. 709                              4

REFERENDUM QUESTION NOTED ON THE PETITION PLACED ON THE  BALLOT  INSTEAD
OF A CANDIDATE.
  B.  PETITIONS  SHALL  BE  SUBMITTED TO THE STATE BOARD OF ELECTIONS. A
SIGNATURE MADE EARLIER THAN ONE YEAR PRIOR TO THE NEXT GENERAL  ELECTION
SHALL  NOT BE COUNTED. CHALLENGES TO SUCH PETITIONS SHALL BE RESOLVED BY
THE STATE BOARD OF ELECTIONS, SUBJECT TO JUDICIAL REVIEW AS PROVIDED FOR
BY LAW. NO CHALLENGE TO AN INITIATIVE OR REFERENDUM MAY  BE  FILED  MORE
THAN  TEN  DAYS  AFTER  SUBMISSION  OF  PETITIONS  TO THE STATE BOARD OF
ELECTIONS, AND ANY SUCH CHALLENGE SHALL BE FINALLY RESOLVED BY THE STATE
BOARD OF ELECTIONS WITHIN TEN DAYS OF ITS FILING.
  C. MEASURES PROPOSING OR REJECTING STATUTES SHALL  BE  PLACED  ON  THE
BALLOT BY THE STATE BOARD OF ELECTIONS AT THE NEXT GENERAL ELECTION HELD
AT  LEAST NINETY DAYS AFTER SUCH MEASURE IS SUBMITTED.  MEASURES PROPOS-
ING AMENDMENTS TO THE CONSTITUTION SHALL BE PLACED ON THE BALLOT BY  THE
STATE BOARD OF ELECTIONS AT THE NEXT GENERAL ELECTION IN WHICH THERE ARE
CANDIDATES  FOR  THE  OFFICE OF MEMBER OF THE SENATE OR ASSEMBLY HELD AT
LEAST NINETY DAYS AFTER THE MEASURE IS SUBMITTED TO THE STATE  BOARD  OF
ELECTIONS AND AT THE NEXT SUCH GENERAL ELECTION.
  S  6. A. PRIOR TO THE CIRCULATION OF AN INITIATIVE OR REFERENDUM PETI-
TION FOR SIGNATURES, A COPY SHALL BE SUBMITTED TO THE  ATTORNEY  GENERAL
OF  THE  STATE OF NEW YORK WHO SHALL PREPARE A TITLE AND SUMMARY, NOT TO
EXCEED ONE HUNDRED WORDS, WHICH SHALL APPEAR ON THE PETITION AND ON  THE
BALLOT  FOR  EACH INITIATIVE OR REFERENDUM AND WHICH SHALL GIVE NO INDI-
CATION OF SUPPORT OR OPPOSITION TO  SUCH  MEASURE,  WITHIN  TWENTY  DAYS
AFTER SUCH MEASURE IS SUBMITTED TO HIM OR HER.
  B.  A  COPY  OF  SUCH  INITIATIVE OR REFERENDUM PETITION SHALL ALSO BE
SUBMITTED TO THE NEW YORK STATE LEGISLATIVE BILL DRAFTING COMMISSION  OR
ITS SUCCESSOR PRIOR TO CIRCULATION FOR SIGNATURES. SUCH COMMISSION SHALL
RENDER  TECHNICAL  COMMENTS ON THE FORM OF THE PROPOSED MEASURE, WITH NO
INDICATION OF SUPPORT OR OPPOSITION, TO THE PROPONENTS OF  SUCH  MEASURE
WITHIN TWENTY DAYS OF SUBMISSION.
  C. NO ACTION OR INACTION BY THE ATTORNEY GENERAL OR THE FAILURE OF THE
LEGISLATIVE  BILL  DRAFTING  COMMISSION  OR  ITS  SUCCESSOR  TO  PROVIDE
COMMENTS WITH RESPECT TO AN INITIATIVE OR  REFERENDUM  PETITION,  OR  TO
TIMELY DO SO, SHALL AFFECT THE VALIDITY OF SUCH INITIATIVE OR REFERENDUM
PETITION OR THE ACTION OF THE ELECTORS THEREON.
  D.  ANY  ACTION  OR  PROCEEDING IN WHICH ANY QUESTION ARISES AS TO THE
VALIDITY OF AN INITIATIVE OR REFERENDUM MEASURE, WHETHER  AN  INITIATIVE
OR  REFERENDUM  MEASURE  SHOULD APPEAR ON THE BALLOT OR WHICH CHALLENGES
THE TITLE AND SUMMARY OF SUCH MEASURE PREPARED BY THE  ATTORNEY  GENERAL
AS  FAILING  TO  ACCURATELY DESCRIBE SUCH MEASURE, SHALL BE HEARD IN THE
SUPREME COURT OF THE STATE AND PREFERRED  OVER ALL OTHER CIVIL CAUSES IN
ALL COURTS OF THE STATE AND SHALL BE HEARD AND DETERMINED IN  PREFERENCE
TO  ALL  OTHER  CIVIL BUSINESS PENDING THEREIN.  NO ACTION OR PROCEEDING
CHALLENGING WHETHER AN INITIATIVE OR REFERENDUM MEASURE  MAY  APPEAR  ON
THE  BALLOT  OR  WHICH CHALLENGES ANY ACTION OR INACTION BY THE ATTORNEY
GENERAL RESPECTING THE TITLE OR SUMMARY OF SUCH MEASURE MAY  BE  BROUGHT
MORE THAN FOURTEEN DAYS AFTER ACTION BY THE ATTORNEY GENERAL PURSUANT TO
SUBDIVISION  A OF THIS SECTION OR, IF THE ATTORNEY GENERAL FAILS TO ACT,
THEN NO LATER THAN FOURTEEN DAYS AFTER  THE  DEADLINE  FOR  SUCH  ACTION
PURSUANT TO SUCH SUBDIVISION A.
  S 7. EXCEPT TO THE EXTENT REQUIRED BY SECTION EIGHT OF THIS ARTICLE, A
MAXIMUM  OF FOUR DISCRETE INITIATIVE MEASURES, OR FOUR DISCRETE REFEREN-
DUM MEASURES, OR ANY COMBINATION  OF  DISCRETE  INITIATIVE  MEASURES  OR
REFERENDUM  MEASURES  NOT  TO EXCEED A TOTAL OF FOUR MAY BE SUBMITTED TO
THE ELECTORS AT ANY ONE GENERAL ELECTION. IF  MORE  THAN  FOUR  MEASURES

S. 709                              5

QUALIFY,  THOSE  INITIATIVE MEASURES AND REFERENDA MEASURES SUBMITTED TO
THE STATE BOARD OF ELECTIONS EARLIEST IN TIME SHALL  BE  PLACED  ON  THE
BALLOT.
  S  8.  ANY  INITIATIVE OR REFERENDUM NOT PLACED ON A BALLOT BECAUSE OF
THE PROVISIONS OF SECTION SEVEN OF THIS ARTICLE SHALL  AUTOMATICALLY  BE
PLACED  ON THE BALLOT FOR THE NEXT GENERAL ELECTION, NOTWITHSTANDING THE
PROVISIONS OF SECTION SEVEN OF THIS ARTICLE.
  S 9. A. TO BE ENACTED, AN INITIATIVE OR REFERENDUM  MEASURE  PROPOSING
OR REJECTING A STATUTE MUST BE APPROVED BY A MAJORITY OF THE ELECTORS OF
THE  STATE VOTING ON THE MEASURE STATE-WIDE. AN INITIATIVE OR REFERENDUM
MEASURE THAT HAS BEEN APPROVED SHALL TAKE EFFECT ON  THE  FIRST  DAY  OF
JANUARY  OF  THE  YEAR  NEXT  SUCCEEDING  ITS PASSAGE UNLESS THE MEASURE
EXPRESSLY PROVIDES OTHERWISE.  IF  A  REFERENDUM  PETITION  IS  APPROVED
REPEALING A PART OF A STATUTE, THE REMAINDER OF THE STATUTE SHALL NOT BE
DELAYED FROM GOING INTO EFFECT.
  B.  A MEASURE AMENDING THE CONSTITUTION MUST BE APPROVED BY A MAJORITY
OF THE ELECTORS OF THE STATE VOTING ON THE  MEASURE  IN  TWO  SUCCESSIVE
ELECTIONS IN WHICH THERE ARE CANDIDATES FOR STATE SENATE OR STATE ASSEM-
BLY  ON  THE  BALLOT. SUCH MEASURE SHALL TAKE EFFECT ON THE FIRST DAY OF
JANUARY OF THE YEAR NEXT SUCCEEDING ITS SECOND APPROVAL UNLESS THE MEAS-
URE EXPRESSLY PROVIDES OTHERWISE.
  C. IF PROVISIONS OF TWO OR MORE MEASURES APPROVED AT THE SAME ELECTION
CONFLICT, THOSE OF THE MEASURE RECEIVING THE HIGHEST NUMBER OF  AFFIRMA-
TIVE VOTES SHALL PREVAIL.
  D.  A  REFERENDUM MEASURE REJECTING ALL OR PART OF A STATUTE CANNOT BE
REPEALED, AMENDED OR OTHERWISE RECONSIDERED BY  THE  LEGISLATURE  FOR  A
PERIOD  OF  TWO  YEARS.  A  MEASURE ADOPTED THROUGH INITIATIVE CANNOT BE
REPEALED, AMENDED OR OTHERWISE RECONSIDERED BY  THE  LEGISLATURE  FOR  A
PERIOD  OF  TWO YEARS. AFTER TWO YEARS NO LAW TO AMEND, REPEAL OR OTHER-
WISE RECONSIDER A MEASURE ADOPTED BY INITIATIVE OR REFERENDUM SHALL TAKE
EFFECT UNTIL IT SHALL, AT A GENERAL ELECTION, HAVE BEEN SUBMITTED TO THE
PEOPLE, AND HAVE RECEIVED A MAJORITY OF  ALL  THE  VOTES  CAST  FOR  AND
AGAINST  IT AT SUCH ELECTION, NOR SHALL IT BE SO SUBMITTED TO THE PEOPLE
WITHIN THREE MONTHS AFTER ITS PASSAGE.
  E. ANY REFERENDUM OR INITIATIVE ADOPTED BY THE VOTERS MAY BE REPEALED,
AMENDED, OR OTHERWISE RECONSIDERED BY THE PEOPLE AT ANY TIME THROUGH THE
PROCESS ESTABLISHED BY THIS ARTICLE FOR INITIATIVE OR  REFERENDUM  MEAS-
URES.
  S  10.  INITIATIVE AND REFERENDUM IN CITIES, TOWNS, VILLAGES AND COUN-
TIES. A.  INITIATIVE AND REFERENDUM POWERS ARE RESERVED FOR EVERY  CITY,
TOWN,  VILLAGE AND COUNTY IN THE STATE AS TO ALL LOCAL MATTERS THAT SUCH
MUNICIPALITY IS OR SHALL BE EMPOWERED TO ACT PURSUANT TO ARTICLE  IX  OF
THIS CONSTITUTION.
  B.  INITIATIVE  AND REFERENDUM IN CITIES, TOWNS, VILLAGES AND COUNTIES
SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS  OF  THIS  ARTICLE;
PROVIDED, HOWEVER, THAT:
  (I)  SIGNATURES  OF  REGISTERED ELECTORS OF SUCH MUNICIPALITY EQUAL IN
NUMBER TO AT LEAST THIRTY THOUSAND OR FIVE PERCENT OF THE VOTES CAST  IN
SUCH  CITY,  TOWN,  VILLAGE OR COUNTY FOR ALL CANDIDATES FOR GOVERNOR AT
THE LAST GUBERNATORIAL ELECTION, WHICHEVER IS LESS, SHALL BE REQUIRED TO
PROPOSE ANY MEASURE BY INITIATIVE AND REFERENDUM;
  (II) THE AFFIRMATIVE VOTE OF THE MAJORITY OF ELECTORS OF  THE  MUNICI-
PALITY VOTING ON THE MEASURE SHALL BE REQUIRED TO ENACT SUCH MEASURE;
  (III)  PETITIONS  SHALL  BE SUBMITTED TO THE COUNTY BOARD OF ELECTIONS
WHICH SHALL HAVE THE POWERS CONFERRED AND  THE  DUTIES  IMPOSED  ON  THE
STATE BOARD OF ELECTIONS BY THIS ARTICLE; AND

S. 709                              6

  (IV)  THE  PROVISIONS  OF SUBDIVISION B OF SECTION SIX OF THIS ARTICLE
SHALL NOT BE APPLICABLE.
  S  11. THIS ARTICLE OF THE CONSTITUTION SHALL BE IN ALL RESPECTS SELF-
EXECUTING, EXCEPT THAT THE MANNER AND METHOD OF EXERCISING THE POWER  OF
INITIATIVE  AND REFERENDUM MAY BE PRESCRIBED PURSUANT TO LAW, CONSISTENT
WITH AND LIMITED BY THE PROVISIONS OF THIS ARTICLE.
  S 7. RESOLVED (if the Assembly concur), That the foregoing  amendments
be referred to the first regular legislative session convening after the
next  succeeding  general  election  of members of the assembly, and, in
conformity with  section  1  of  article  19  of  the  constitution,  be
published for 3 months previous to the time of such election.

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