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Main »» UNITED STATES INITIATIVE, REFERENDUM, RECALL AMENDMENT| WHAT WOULD A DRAFT OF THE AMENDMENT XXVIII, USIRR AMENDMENT, LOOK LIKE? |
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| Amendment XXVIII Section 1. Article I, Section I, is revised accordingly. Section 2. All legislative Powers herein granted, except for the initiative, referendrum, recall Powers, that are reserved to the People, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section 3. The article shall be inopeative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress. UNITED STATES CONSTITUTION ARTICLE 1. SECTION 1, INITIATIVE AND REFERENDUM, AND RECALL PART 1. (a) The initiative is the power of the electors to propose statutes and amendments to the Constitution and to adopt or reject them. (b) An initiative measure may be proposed by presenting to the Secretary of State a petition that sets forth the text of the proposed statute or amendment to the Constitution and is certified to have been signed by electors equal in number to 5 percent in the case of a statute, and 8 percent in the case of an amendment to the Constitution, of the votes for all candidates for President at the last presidential election. (c) The Secretary of State shall then submit the measure at the next general election held at least 131 days after it qualifies or at any special election held prior to that general election. The President may call a special election for the measure. (d) An initiative measure embracing more than one subject may not be submitted to the electors or have any effect. (e) An initiative measure may not include or exclude any political subdivision of the Government from the application or effect of its provisions based upon approval or disapproval of the initiative measure, or based upon the casting of a specified percentage of votes in favor of the measure, by the electors of that political subdivision. (f) An initiative measure may not contain alternative or cumulative provisions wherein one or more of those provisions would become law depending upon the casting of a specified percentage of votes for or against the measure. INITIATIVE AND REFERENDUM, AND RECALL PART 2. (a) The referendum is the power of the electors to approve or reject statutes or parts of statutes except urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations for usual current expenses of the Government. (b) A referendum measure may be proposed by presenting to the Secretary of State, within 90 days after the enactment date of the statute, a petition certified to have been signed by electors equal in number to 5 percent of the votes for all candidates for President at the last presidential election, asking that the statute or part of it be submitted to the electors. In the case of a statute enacted by a bill passed by the Congress on or before the date the Congress adjourns for a joint recess to reconvene in the second calendar year of the biennium of the legislative session, and in the possession of the President after that date, the petition may not be presented on or after January 1 next following the enactment date unless a copy of the petition is submitted to the Attorney General pursuant to subdivision (d) of Section 10 of Article II before January 1. (c) The Secretary of State shall then submit the measure at the next general election held at least 31 days after it qualifies or at a special nationwide election held prior to that general election. The President may call a special national election for the measure. INITIATIVE AND REFERENDUM, AND RECALL PART 3. (a) An initiative statute or referendum approved by a majority of votes thereon takes effect the day after the election unless the measure provides otherwise. If a referendum petition is filed against a part of a statute the remainder shall not be delayed from going into effect. (b) If provisions of 2 or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote shall prevail. (c) The Congress may amend or repeal referendum statutes. It may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without their approval. (d) Prior to circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the Attorney General who shall prepare a title and summary of the measure as provided by law. (e) The Congress shall provide the manner in which petitions shall be circulated, presented, and certified, and measures submitted to the electors. INITIATIVE AND REFERENDUM, AND RECALL PART 4. (a) Initiative and referendum powers may be exercised by the electors under procedures that the Congress shall provide. INITIATIVE AND REFERENDUM, AND RECALL PART 5. No amendment to the Constitution, and no statute proposed to the electors by the Congress or by initiative, that names any individual to hold any office, or names or identifies any private corporation to perform any function or to have any power or duty, may be submitted to the electors or have any effect. INITIATIVE AND REFERENDUM, AND RECALL PART 6. Recall is the power of the electors to remove an elective officer. INITIATIVE AND REFERENDUM, AND RECALL PART 7. (a) Recall of a federal officer is initiated by delivering to the Secretary of State a petition alleging reason for recall. Sufficiency of reason is not reviewable. Proponents have 160 days to file signed petitions. (b) A petition to recall a federal officer must be signed by electors equal in number to 12 percent of the last vote for the office, with signatures from each of 5 counties equal in number to 1 percent of the last vote for the office in the county. Signatures to recall Senators, members of the House, judges of courts of appeal and trial courts must equal in number 20 percent of the last vote for the office. (c) The Secretary of State shall maintain a continuous count of the signatures certified to that office. INITIATIVE AND REFERENDUM, AND RECALL PART 8. (a) An election to determine whether to recall an officer and, if appropriate, to elect a successor shall be called by the President and held not less than 60 days nor more than 80 days from the date of certification of sufficient signatures. (b) A recall election may be conducted within 180 days from the date of certification of sufficient signatures in order that the election may be consolidated with the next regularly scheduled election occurring wholly or partially within the same jurisdiction in which the recall election is held, if the number of voters eligible to vote at that next regularly scheduled election equal at least 50 percent of all the voters eligible to vote at the recall election. (c) If the majority vote on the question is to recall, the officer is removed and, if there is a candidate, the candidate who receives a plurality is the successor. The officer may not be a candidate, nor shall there be any candidacy for an office filled pursuant to subdivision (d) of Section 16 of Article VI. INITIATIVE AND REFERENDUM, AND RECALL PART 9. The Congress shall provide for circulation, filing, and certification of petitions, nomination of candidates, and the recall election. INITIATIVE AND REFERENDUM, AND RECALL PART 10. If recall of the President or Secretary of State is initiated, the recall duties of that office shall be performed by the Vice-President or Speaker of the House, respectively. INITIATIVE AND REFERENDUM, AND RECALL PART 11. A federal officer who is not recalled shall be reimbursed by the Government for the officer's recall election expenses legally and personally incurred. Another recall may not be initiated against the officer until six months after the election. INITIATIVE AND REFERENDUM, AND RECALL PART 12. The Congress shall provide for recall of local officers. |
| AS A USIRR ACTIVIST WHAT ONLINE ACTIVITY WOULD BE HELPFUL? |
| 1. ENTER YOUR ZIP CODE, EMAIL YOUR NEWSPAPER EDITOR, AND YOUR FEDERAL LEGISLATORS ASKING THEIR SUPPORT FOR THE U.S. INITIATIVE, REFERNDUM, RECALL AMENDMENT. 2. CLICK ON THE MESSAGEBOARD FOR YOUR STATE AND READ WHAT YOUR FELLOW STATE USIRR ACTIVIST HAVE POSTED, AND JOIN THE DISCUSSION. 3. WHEN YOU HEAR FROM YOUR FEDERAL LEGISLATORS REGARDING THEIR RESPONSE TO YOUR INTEREST IN THE USIRR AMENDMENT, SHARE THEIR RESPONSES WITH YOUR FELLOW STATE GRASSROOTS ACTIVIST. |
| WOULD THE U.S. INITIATIVE PROCESS BE SIMILIAR TO THAT OF THE STATE OF CALIFORNIA? |
| IN A WORD, YES. VISIT THIS LINK FROM THE CALIFORNIA'S SECRETARY OF STATE FOR FURTHER INFORMATION. http://www.ss.ca.gov/elections/init_guide.htm |
| HOW MANY REGISTERED VOTER PETITION SIGNATURES ARE NEEDED NATIONALLY TO PLACE A PROPOSED INITIATIVE ON THE BALLOT? |
| Petitions proposing initiative statutes must be signed by registered voters, the number of signatures must be equal to at least 5% of the total votes cast for president at the last presidential election, or approximately 6.1 millon registered U.S. voters. |
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