August 8, 2007, Introduced by Reps. Pearce, Agema, Rick Jones, Stahl, Meekhof, LaJoy, Nofs, Hildenbrand and Huizenga and referred to the Committee on Ethics and Elections.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending section 9 of article II and
sections 1 and 2 of article XII, to require that a ballot question
proposing a constitutional amendment, initiation of legislation, or
referendum of legislation be held at an odd year general election.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to require that a ballot question proposing a
constitutional amendment, initiation of legislation, or referendum
of legislation be held at an odd year general election, 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 acts making appropriations for state
institutions or 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
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.
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 odd year 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 petition is received by
the legislature. If any law proposed by such 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 proposed law to the people for approval or rejection at
the next odd year 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 odd year 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 odd year general 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.
ARTICLE XII
Sec. 1. Amendments to this constitution may be proposed in the
senate or house of representatives. Proposed amendments agreed to
by two-thirds of the members elected to and serving in each house
on a vote with the names and vote of those voting entered in the
respective journals shall be submitted, not less than 60 days
thereafter, to the electors at the next odd year general election
or special election as the legislature shall direct. If a majority
of electors voting on a proposed amendment approve the same, it
shall become part of the constitution and shall abrogate or amend
existing provisions of the constitution at the end of 45 days after
the date of the election at which it was approved.
Sec. 2. Amendments may be proposed to this constitution by
petition of the registered electors of this state. Every petition
shall include the full text of the proposed amendment, and be
signed by registered electors of the state equal in number to at
least 10 percent of the total vote cast for all candidates for
governor at the last preceding general election at which a governor
was elected. Such petitions shall be filed with the person
authorized by law to receive the same at least 120 days before the
odd year general election at which the proposed amendment is to be
voted upon. Any such petition shall be in the form, and shall be
signed and circulated in such manner, as prescribed by law. The
person authorized by law to receive such petition shall upon its
receipt determine, as provided by law, the validity and sufficiency
of the signatures on the petition, and make an official
announcement thereof at least 60 days prior to the odd year general
election at which the proposed amendment is to be voted upon.
Any amendment proposed by such petition shall be submitted,
not less than 120 days after it was filed, to the electors at the
next odd year general election. Such proposed amendment, existing
provisions of the constitution which would be altered or abrogated
thereby, and the question as it shall appear on the ballot shall be
published in full as provided by law. Copies of such publication
shall be posted in each polling place and furnished to news media
as provided by law.
The ballot to be used in such election shall contain a
statement of the purpose of the proposed amendment, expressed in
not more than 100 words, exclusive of caption. Such statement of
purpose and caption shall be prepared by the person authorized by
law, and shall consist of a true and impartial statement of the
purpose of the amendment in such language as shall create no
prejudice for or against the proposed amendment.
If the proposed amendment is approved by a majority of the
electors voting on the question, it shall become part of the
constitution, and shall abrogate or amend existing provisions of
the constitution at the end of 45 days after the date of the odd
year general election at which it was approved. If two or more
amendments approved by the electors at the same election conflict,
that amendment receiving the highest affirmative vote shall
prevail.
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.