Bill Text: MI SJRC | 2009-2010 | 95th Legislature | Introduced
Bill Title: Elections; initiative and referendum; filing petition; include a requirement for geographic distribution of signatures. Amends sec. 9, art. II of the state constitution.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2009-01-28 - Referred To Committee On Campaign And Election Oversight [SJRC Detail]
Download: Michigan-2009-SJRC-Introduced.html
SENATE JOINT RESOLUTION C
January 28, 2009, Introduced by Senators McMANUS and GARCIA and referred to the Committee on Campaign and Election Oversight.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending section 9 of article II, to
revise the signature requirements for initiative and referendum
petitions and to clarify the power of referendum when making
appropriations.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to revise the signature requirements for
initiative and referendum petitions and to clarify the power of
referendum when making appropriations, is proposed, agreed to, and
submitted to the people of the state:
ARTICLE II
Sec. 9. The people reserve to themselves the power to propose
laws and to enact and reject laws, called the initiative, and the
power to approve or reject laws enacted by the legislature, called
the referendum. The power of initiative extends only to laws which
the legislature may enact under this constitution. The power of
referendum does not extend to general appropriation acts making
appropriations
for state institutions that
substantially fund 1 or
more state departments or to acts making appropriations to meet
deficiencies in state funds and must be invoked in the manner
prescribed by law within 90 days following the final adjournment of
the legislative session at which the law was enacted. To invoke the
initiative or referendum, petitions shall be signed by a number of
registered electors, not less than eight percent for initiative and
five percent for referendum of the total vote cast for all
candidates for governor at the last preceding general election at
which
a governor was elected. shall be required. In addition,
petitions to invoke the initiative or referendum shall be signed by
not fewer than 100 registered electors, unless a greater number of
registered electors is required by the legislature, in each of at
least 42 counties of this state and by at least one registered
elector in each county of this state.
No law as to which the power of referendum properly has been
invoked shall be effective thereafter unless approved by a majority
of the electors voting thereon at the next general election.
Any law proposed by initiative petition shall be either
enacted or rejected by the legislature without change or amendment
within
40 session days from the time such the
petition is received
by
the legislature. If any law proposed by
such the petition
shall
be enacted by the legislature it shall be subject to referendum, as
hereinafter provided.
If the law so proposed is not enacted by the legislature
within the 40 days, the state officer authorized by law shall
submit such
the proposed law to the people for approval or
rejection at the next general election. The legislature may reject
any measure so proposed by initiative petition and propose a
different measure upon the same subject by a yea and nay vote upon
separate roll calls, and in such event both measures shall be
submitted by such state officer to the electors for approval or
rejection at the next general election.
Any law submitted to the people by either initiative or
referendum petition and approved by a majority of the votes cast
thereon at any election shall take effect 10 days after the date of
the official declaration of the vote. No law initiated or adopted
by the people shall be subject to the veto power of the governor,
and no law adopted by the people at the polls under the initiative
provisions of this section shall be amended or repealed, except by
a vote of the electors unless otherwise provided in the initiative
measure or by three-fourths of the members elected to and serving
in each house of the legislature. Laws approved by the people under
the referendum provision of this section may be amended by the
legislature at any subsequent session thereof. If two or more
measures approved by the electors at the same election conflict,
that receiving the highest affirmative vote shall prevail.
The legislature shall implement the provisions of this
section.
Resolved further, That the foregoing amendment shall be
submitted to the people of the state at the next general election
in the manner provided by law.
