Senate Joint Resolution 2005
SENATE JOINT RESOLUTION
SENATE JOINT RESOLUTION
1 A Joint Resolution proposing an amendment to the Constitution
2 of the State of Iowa allowing the electorate to propose laws
3 and amendments to the Constitution by initiative petition.
4 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 6169XS (5) 83
1 1 Section 1. The following amendment to the Constitution of
1 2 the State of Iowa is proposed:
1 3 Article III, Legislative Department, Section 1, Constitution
1 4 of the State of Iowa, is repealed and the following adopted in
1 5 lieu thereof:
1 6 Legislative authority == initiative of the people and the
1 7 General Assembly.SECTION 1.
1 8 1. The people reserve to themselves the power to initiate
1 9 laws and amendments to the Constitution and to adopt such laws
1 10 and amendments independently of the Legislative authority.
1 11 With the exception of laws and amendments to the Constitution
1 12 by initiative petition, the Legislative authority of this State
1 13 is vested in a General Assembly which shall consist of a Senate
1 14 and a House of Representatives.
1 15 2. a. An initiative petition proposing a law or an
1 16 amendment to the Constitution shall be filed with the Secretary
1 17 of State not less than twelve months preceding the date of the
1 18 general election at which the proposed law or amendment is to
1 19 be voted upon. Each initiative petition proposing a law shall
1 20 be signed by eligible electors equal in number to five percent
1 21 of the votes cast for the office of Governor at the last
1 22 general election in which that office was on the ballot. Each
1 23 initiative petition proposing an amendment to the Constitution
1 24 shall be signed by eligible electors equal in number to ten
1 25 percent of the votes cast for the office of Governor at the
1 26 last general election in which that office was on the ballot.
1 27 b. Each initiative petition shall contain the declaration
1 28 of each petitioner that the petitioner is an eligible elector
1 29 of the State, the petitioner's address, and the date on which
1 30 the petitioner signed the petition. Each sheet containing
1 31 petitioners' signatures shall be attached to a full and correct
1 32 copy of the title and text of the proposed law or amendment
1 33 to be initiated, and every sheet of the petition containing
1 34 signatures shall be verified by the affidavit of the person who
1 35 circulated the sheet, setting forth that each of the names on
2 1 the sheet was signed in the presence of the affiant and that in
2 2 the belief of the affiant each signer was an eligible elector
2 3 of the State.
2 4 c. Each law or amendment initiated by initiative petition
2 5 shall comply with the requirements of article III, section 29,
2 6 or article X, section 2, respectively, and shall not exceed
2 7 five thousand words in length. An analysis of the legal and
2 8 fiscal impact of the law or amendment shall be prepared and
2 9 made available to members of each house of the General Assembly
2 10 and to the public prior to the day of the general election, as
2 11 provided by law.
2 12 d. A law or amendment initiated by petition may be withdrawn
2 13 if a petition requesting withdrawal is filed with the Secretary
2 14 of State not later than one hundred twenty days before the
2 15 next general election. The petition requesting withdrawal
2 16 must contain the signatures of no less than two=thirds of the
2 17 signers of the initiative petition filed with the Secretary
2 18 of State. Upon the filing of a valid withdrawal petition,
2 19 the Secretary of State shall take no further action on the
2 20 initiative petition.
2 21 3. a. All elections on laws or amendments to the
2 22 Constitution initiated by the people shall be held at the
2 23 general election. When an initiative petition is filed, the
2 24 Secretary of State shall cause to be printed on the official
2 25 ballot at the next general election the title of the law or
2 26 amendment, together with the words "Yes" and "No" in such
2 27 manner that the voters may express at the polls their approval
2 28 or rejection of the law or amendment. The text of all laws or
2 29 amendments to be submitted shall be published by the Secretary
2 30 of State as required by law.
2 31 b. No more than five laws or amendments to the Constitution
2 32 initiated by petition may be placed on the ballot at any
2 33 general election. The first five petitions to be filed with
2 34 the Secretary of State and to meet the qualifications of this
2 35 section shall be placed on the ballot at the general election.
3 1 4. a. A simple majority of the votes cast for an initiated
3 2 law or amendment is necessary to approve the law or amendment.
3 3 An initiated law or amendment approved by the people is
3 4 effective July 1 following its approval.
3 5 b. The veto power of the Governor in article III shall not
3 6 extend to laws proposed by initiative petition and approved by
3 7 the electorate.
3 8 c. If two or more conflicting laws or amendments to the
3 9 Constitution are placed on the same ballot, the Secretary of
3 10 State shall include on the ballot a statement notifying the
3 11 voters of the conflicting laws or amendments.
3 12 d. If two or more conflicting laws or amendments to
3 13 the Constitution are approved by the people at the same
3 14 election, the law or amendment receiving the greatest number of
3 15 affirmative votes shall prevail.
3 16 5. The Secretary of State, in the presence of the Governor
3 17 and the Chief Justice of the Supreme Court, shall canvass the
3 18 votes within thirty days after the general election, and upon
3 19 completion of the canvass shall issue a proclamation, giving
3 20 the entire number of votes cast for and against each initiated
3 21 law or amendment to the Constitution and declaring those laws
3 22 or amendments which were approved.
3 23 6. A law or amendment to the Constitution proposed by
3 24 initiative petition and rejected at a general election shall
3 25 not be placed on the ballot more than once in a three=year
3 26 period.
3 27 7. The General Assembly may provide by law for procedures
3 28 to implement this section. Such procedures shall in no way
3 29 restrict or impair the powers reserved to the people by this
3 30 section. The General Assembly shall provide a penalty for any
3 31 willful violation of any of the provisions of this section.
3 32 8. This section shall not be construed to deprive the
3 33 General Assembly of the right to enact any law. This section
3 34 shall not be construed to deprive the General Assembly or
3 35 a constitutional convention of the right to propose any
4 1 constitutional amendment as provided in article X, or to
4 2 deprive the people of the right to approve and ratify such a
4 3 proposed amendment as provided in article X.
4 4 9. The style of an act enacted by the General Assembly shall
4 5 be: Be It Enacted by the General Assembly of the State of Iowa.
4 6 The style of an act submitted to the voters by an initiative
4 7 petition shall be: Be It Enacted by the People of the State of
4 8 Iowa.
4 9 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed
4 10 amendment to be Constitution of the State of Iowa is referred
4 11 to the General Assembly to be chosen at the next general
4 12 election for members of the General Assembly and the Secretary
4 13 of State is directed to cause the proposed amendment to be
4 14 published for three consecutive months before the date of that
4 15 election as provided by law.
4 16 EXPLANATION
4 17 This Joint Resolution proposes an amendment to the
4 18 Constitution of the State of Iowa granting the people the power
4 19 to initiate laws or amendments to the Constitution of the State
4 20 of Iowa by petition and approve the laws or amendments at the
4 21 polls. Initiative petitions must contain a specified number of
4 22 signature of eligible electors. A procedure for withdrawal of
4 23 a petition is included.
4 24 Initiative petitions must be filed with the secretary of
4 25 state not less than 12 months before the general election at
4 26 which it will be voted on.
4 27 The resolution also provides that any law or amendment to the
4 28 Constitution proposed by initiative petition shall not exceed
4 29 5,000 words in length and that a legal and fiscal analysis
4 30 shall be prepared for members of the general assembly. No more
4 31 than five initiated laws or amendments may be placed on the
4 32 ballot at one time.
4 33 The resolution provides that the general assembly may enact
4 34 laws to implement this amendment to the Constitution.
4 35 An initiated law or amendment approved by the people is
5 1 effective July 1 following its approval. A law or amendment
5 2 proposed by initiative petition and rejected at election shall
5 3 not be placed on the ballot more than once in a three=year
5 4 period.
5 5 The resolution, if adopted, would be referred to the next
5 6 general assembly for consideration a second time, before
5 7 the amendment would be submitted to the electorate for
5 8 ratification.
LSB 6169XS (5) 83