CHAPTER 49A CONSTITUTIONAL AMENDMENTS AND PUBLIC MEASURES
This chapter not enacted as a part of this title; transferred from chapter 6 in Code 1993 See also definitions in § 39.3

49A.1 PUBLICATION OF PROPOSED AMENDMENT.
49A.2 PUBLICATION OF PROPOSED PUBLIC MEASURE.
49A.3 PROOF OF PUBLICATION -- RECORD -- REPORT TO LEGISLATURE.
49A.4 SUBMISSION AT GENERAL ELECTION.
49A.5 SUBMISSION AT SPECIAL ELECTION.
49A.6 CERTIFICATION -- SAMPLE BALLOT.
49A.7 PROCLAMATION.
49A.8 CANVASS -- DECLARATION OF RESULT -- RECORD.
49A.9 EXPENSES.
49A.10 ACTION TO TEST LEGALITY.
49A.11 PARTIES.



        

49A.1 PUBLICATION OF PROPOSED AMENDMENT. Whenever any proposition to amend the Constitution has passed the general assembly and been referred to the next succeeding legislature, the state commissioner of elections shall cause the same to be published, once each month, in two newspapers of general circulation in each congressional district in the state, for the time required by the Constitution.

         Section History: Early Form

         [C97, § 55; S13, § 55; C24, 27, 31, 35, 39, § 69; C46, 50, 54,
      58, 62, 66, 71, 73, 75, 77, 79, 81, § 6.1] 

         Section History: Recent Form

         C93, § 49A.1
         Referred to in § 49A.3
         Time of publication, Iowa Constitution, Art. X, § 1
         Voting on public measures, see § 49.43--49.50
        

49A.2 PUBLICATION OF PROPOSED PUBLIC MEASURE. Whenever any public measure has passed the general assembly which under the Constitution must be published and submitted to a vote of the entire people of the state, the state commissioner of elections shall cause the same to be published, once each month, in at least one newspaper of general circulation in each county in the state, for the time required by the Constitution.

         Section History: Early Form

         [C24, 27, 31, 35, 39, § 70; C46, 50, 54, 58, 62, 66, 71, 73,
      75, 77, 79, 81, § 6.2] 

         Section History: Recent Form

         C93, § 49A.2
         Referred to in § 49A.3
         Time of publication, Iowa Constitution, Art. VII, § 5
         Voting on public measures, see § 49.43--49.50
        

49A.3 PROOF OF PUBLICATION -- RECORD -- REPORT TO LEGISLATURE. Proof of the publication specified in sections 49A.1 and 49A.2 shall be made by the affidavits of the publishers of the newspapers designated by the state commissioner of elections and such affidavits, with the certificate of the state commissioner of the selection of such newspapers, shall be filed in the commissioner's office, recorded in a book kept for that purpose, and preserved by the commissioner, and in the case of constitutional amendments the commissioner shall report to the following legislature the action in the premises.

         Section History: Early Form

         [C97, § 55; S13, § 55; C24, 27, 31, 35, 39, § 71; C46, 50, 54,
      58, 62, 66, 71, 73, 75, 77, 79, 81, § 6.3] 

         Section History: Recent Form

         C93, § 49A.3
         Iowa Constitution, Art. X, § 1
        

49A.4 SUBMISSION AT GENERAL ELECTION. Whenever a public measure has passed the general assembly which under the Constitution must be submitted to a vote of the entire people of the state and no time is fixed by the Constitution or legislature for such submission, or whenever a proposition to amend the Constitution has been adopted by two succeeding general assemblies and no time is fixed by the last general assembly adopting the same for its submission to the people, said measure or amendment shall be submitted to the people at the ensuing general election, in the manner required by law.

         Section History: Early Form

         [C97, § 56; C24, 27, 31, 35, 39, § 72; C46, 50, 54, 58, 62,
      66, 71, 73, 75, 77, 79, 81, § 6.4] 

         Section History: Recent Form

         C93, § 49A.4
         Submission, § 49.43--49.50, 49A.1, 49A.2, 49A.5; Iowa
      Constitution, Art. VII, § 5 and Art. X
        

49A.5 SUBMISSION AT SPECIAL ELECTION. The general assembly may provide for the submission of a constitutional amendment to the people at a special election for that purpose, at such time as it may prescribe, proclamation for which election shall be made by the governor, and the same shall in all respects be governed and conducted as prescribed by law for the submission of a constitutional amendment at a general election.

         Section History: Early Form

         [C97, § 58; C24, 27, 31, 35, 39, § 73; C46, 50, 54, 58, 62,
      66, 71, 73, 75, 77, 79, 81, § 6.5] 

         Section History: Recent Form

         C93, § 49A.5
         Iowa Constitution, Art. X
         Submission, § 49.43--49.50, 49A.1, 49A.2, 49A.4
        

49A.6 CERTIFICATION -- SAMPLE BALLOT. The state commissioner of elections shall, not less than sixty-nine days preceding any election at which a constitutional amendment or public measure is to be submitted to a vote of the entire people of the state, transmit to the county commissioner of elections of each county a certified copy of the amendment or measure and a sample of the ballot to be used in such cases, prepared in accordance with law.

         Section History: Early Form

         [C24, 27, 31, 35, 39, § 74; C46, 50, 54, 58, 62, 66, 71, 73,
      75, 77, 79, 81, § 6.6] 

         Section History: Recent Form

         89 Acts, ch 136, § 1
         C93, § 49A.6
         Iowa Constitution, Art. VII, § 5 and Art. X
        

49A.7 PROCLAMATION. Whenever a proposition to amend the Constitution is to be submitted to a vote of the electors, the governor shall issue a proclamation of that fact, and of the date when the proposition is to be voted on, at least sixty days before that date.

         Section History: Early Form

         [C97, § 57; C24, 27, 31, 35, 39, § 75; C46, 50, 54, 58, 62,
      66, 71, 73, 75, 77, 79, 81, § 6.7] 

         Section History: Recent Form

         C93, § 49A.7
         Additional provisions, § 39.4 et seq.
         Iowa Constitution, Art. X
        

49A.8 CANVASS -- DECLARATION OF RESULT -- RECORD. The judges of election, county boards of canvassers, and other election officials shall canvass the vote on any constitutional amendment or public measure, and make return thereof, in the same manner as required by law for the canvass and return of the vote for public officers. The board of state canvassers shall canvass such returns, declare the result, and enter the same of record, immediately following and in connection with the proofs of publication of such amendment or measure, in the book kept for that purpose by the secretary of state. Upon completion of the canvass, the secretary of state shall certify to the Iowa Code editor the results of the election.

         Section History: Early Form

         [C97, § 56; C24, 27, 31, 35, 39, § 76; C46, 50, 54, 58, 62,
      66, 71, 73, 75, 77, 79, 81, § 6.8] 

         Section History: Recent Form

         C93, § 49A.8
         93 Acts, ch 143, § 19
         Canvass of votes, chapter 50
        

49A.9 EXPENSES. Expenses incurred under the provisions of this chapter shall be audited and allowed by the director of the department of administrative services and paid out of any money in the state treasury not otherwise appropriated.

         Section History: Early Form

         [C97, § 59; C24, 27, 31, 35, 39, § 77; C46, 50, 54, 58, 62,
      66, 71, 73, 75, 77, 79, 81, § 6.9] 

         Section History: Recent Form

         C93, § 49A.9
         2003 Acts, ch 145, §286
        

49A.10 ACTION TO TEST LEGALITY. Whenever an amendment to the Constitution of the State of Iowa shall have been proposed and agreed to by the general assembly and shall have been agreed to by the succeeding general assembly, any taxpayer may file suit in equity in the district court at the seat of government of the state, challenging the validity, legality or constitutionality of such amendment, or the procedure connected therewith, and in such suit the district court shall have jurisdiction to determine the validity, legality or constitutionality of said amendment or the procedure connected therewith, and enter its decree accordingly, and may grant a writ of injunction enjoining the governor and state commissioner of elections from submitting such constitutional amendment, if it, or the procedure connected therewith, shall have been found to be invalid, illegal or unconstitutional.

         Section History: Early Form

         [C31, 35, § 77-d1; C39, § 77.1; C46, 50, 54, 58, 62, 66, 71,
      73, 75, 77, 79, 81, § 6.10] 

         Section History: Recent Form

         C93, § 49A.10
         General procedure, § 619.2, 619.3, 624.7, 625A.3, 625A.6, 625A.13
        

49A.11 PARTIES. In such suit the taxpayer shall be plaintiff and the governor and state commissioner of elections shall be defendants. Any taxpayer may intervene, either as party plaintiff or defendant.

         Section History: Early Form

         [C31, 35, § 77-d2; C39, § 77.2; C46, 50, 54, 58, 62, 66, 71,
      73, 75, 77, 79, 81, § 6.11] 

         Section History: Recent Form

         C93, § 49A.11

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