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ARTICLE.XI
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Article XI
Initiative, Referendum, and Recall
Section 1- Initiative and Referendum.
The people may propose and enact laws by the initiative, and approve or
reject acts of the legislature by the referendum.
Section 2 - Application.
An initiative or referendum is proposed by an application containing the
bill to be initiated or the act to be referred. The application shall be
signed by not less than one hundred qualified voters as sponsors, and
shall be filed with the lieutenant governor. If he finds it in proper
form he shall so certify. Denial of certification shall be subject to
judicial review. [Amendment approved August 25, 1970 - Effective October
10, 1970]
Section 3 - Petition.
After certification of the application, a petition containing a summary of
the subject matter shall be prepared by the lieutenant governor for
circulation by the sponsors. If signed by qualified voters, equal in
number to ten per cent of those who voted in the preceding general
election and resident in at least two-thirds of the election districts of
the State, it may be filed with the lieutenant governor. [Amendment
approved August 25, 1970 - Effective October 10, 1970]
Section 4 - Initiative Election.
An initiative petition may be filed at any time. The lieutenant governor
shall prepare a ballot title and proposition summarizing the proposed
law, and shall place them on the ballot for the first statewide election
held more than one hundred twenty days after adjournment of the
legislative session following the filing. If, before the election,
substantially the same measure has been enacted, the petition is void.
[Amendment approved August 25, 1970 - Effective October 10, 1970]
Section 5 - Referendum Election.
A referendum petition may be filed only within ninety days after
adjournment of the legislative session at which the act was passed. The
lieutenant governor shall prepare a ballot title and proposition
summarizing the act and shall place them on the ballot for the first
statewide election held more than one hundred eighty days after
adjournment of that session. [Amendment approved August 25, 1970 -
Effective October 10, 1970]
Section 6 - Enactment.
If a majority of the votes cast on the proposition favor its adoption, the
initiated measure is enacted. If a majority of the votes cast on the
proposition favor the rejection of an act referred, it is rejected. The
lieutenant governor shall certify the election returns. An initiated law
becomes effective ninety days after certification, is not subject to veto,
and may not be repealed by the legislature within two years of its
effective date. It may be amended at any time. An act rejected by
referendum is void thirty days after certification. Additional procedures
for the initiative and referendum may be prescribed by law. [Amendment
approved August 25, 1970 - Effective October 10, 1970]
Section 7 - Restrictions.
The initiative shall not be used to dedicate revenues, make or repeal
appropriations, create courts, define the jurisdiction of courts or
prescribe their rules, or enact local or special legislation. The
referendum shall not be applied to dedications of revenue, to
appropriations, to local or special legislation, or to laws necessary for
the immediate preservation of the public peace, health, or safety.
Section 8 - Recall.
All elected public officials in the State, except judicial officers, are
subject to recall by the voters of the State or political subdivision from
which elected. Procedures and grounds for recall shall be prescribed by
the legislature.