SCR120

A Concurrent Resolution proposing to amend Article I, paragraph 2 of the Constitution of the State of New Jersey.

Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

1. The following proposed amendment to the Constitution of the State of New Jersey is hereby agreed to:

2. a. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right at all times to alter or reform the same, whenever the public good may require it.

b. The people reserve unto themselves the power to recall, after at least one year of service, any elected official in this State or representing this State in the United States Congress. The Legislature shall enact laws to provide for such recall elections. Any such laws shall include a provision that a recall election shall be held upon petition of at least 25% of the registered voters in the electoral districtof the official sought to be recalled. If legislation to implement this constitutional amendment is not enacted within one year of the adoption of the amendment, the Secretary of State shall, by regulation, implement the constitutional amendment, except that regulations adopted by the Secretary of State shall be superseded by any subsequent legislation consistent with this constitutional amendment governing recall elections. The sufficiency of any statement of reasons or grounds procedurally required shall be a political rather than a judicial question.

c. The people reserve unto themselves the power to propose to the Legislature amendments to the Constitution and to approve or reject the same at the polls, if not acted upon by the Legislature as may be provided by law, and the power to propose to the Legislature laws that are not only for the purpose of repeal and to approve or reject the same at the polls, if not enacted by the Legislature and the Governor as may be provided by law. The people also reserve unto themselves the power, in addition to that required by Article IV, Section VII, paragraph 2 and Article VIII, Section II, paragraph 3 of the Constitution, to repeal at the polls any law, or any section or part thereof, if such repeal is not enacted by the Legislature and the Governor as may be provided by law.

The number of signatures required upon an initiative petition proposing a constitutional amendment in order for that petition to be submitted to the Legislature shall be equal to at least 12% of the votes cast in the State in the preceding presidential election; provided, however, that no more than 15% of the signatures on the petition may come from any one county.

The number of signatures required upon an initiative petition proposing a statute and upon a referendum petition shall be equal to at least 8% of the votes cast in the State in the preceding presidential election; provided, however, that no more than 15% of the signatures on the petition may come from any one county.

2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

There shall be printed on each official ballot to be used at the general election, the following:

a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question, as follows:

If you favor the proposition printed below make a cross (X), plus (+) or check (•) in the square opposite the word 'Yes.' If you are opposed thereto make a cross (X), plus (+) or check (•) in the square opposite the word 'No.'

		CONSTITUTIONAL AMENDMENT TO ESTABLISH THE INITIATIVE AND REFERENDUM IN THE STATE
	YES	Shall the amendment to Article 1, paragraph 2, of the Constitution, agreed to by the Legislature, establishing the initiative and referendum in the State, be adopted?
		INTERPRETIVE STATEMENT
	NO	The purpose of this proposed constitutional amendment is to allow the people of the State of New Jersey to use the initiative and referendum process in directing the affairs of the State and in exercising their right to alter or reform the government of the State. The proposed amendment provides a constitutional guarantee that initiative and referendum questions would be placed on the ballot if the Legislature and Governor did not enact a substantially similar law, or place a substantially similar constitutional amendment before the voters. This would establish, in the Constitution, an "indirect" initiative and referendum process in the State. The proposed amendment establishes in the Constitution the minimum number of signatures required to place an initiative or referendum question on the ballot and the maximum number of petition signatures that can come from any one county. The minimum number of petition signatures required to place an initiative question proposing an amendment to the Constitution on the ballot is 12% of the votes cast in the State in the last Presidential election. To place a statutory initiative or referendum question on the ballot the minimum number of petition signatures is 8% of the votes cast in the last Presidential election. The maximum number of petition signatures permitted from any one county, for both initiative and referendum, is 15%.

This resolution proposes an amendment to Article I, paragraph 2, of the Constitution to provide a constitutional base for initiative and referendum in the State of New Jersey. The purpose of this constitutional amendment is to allow the people of the State of New Jersey to use the initiative and referendum process in directing the affairs of the State and in exercising their right to alter or reform the government of the State.

The proposed amendment provides a constitutional guarantee that initiative and referendum questions would be placed on the ballot if the Legislature and Governor did not enact a substantially similar law, or place a substantially similar constitutional amendment before the voters. This would establish, in the Constitution, an "indirect" initiative and referendum process in the State.

The proposed amendment establishes in the Constitution the minimum number of signatures required to place an initiative or referendum question on the ballot and the maximum number of petition signatures that can come from any one county. The minimum number of petition signatures required to place an initiative question proposing an amendment to the Constitution on the ballot is 12% of the votes cast in the State in the last Presidential election. To place a statutory initiative or referendum question on the ballot the minimum number of petition signatures is 8% of the votes cast in the last Presidential election. The maximum number of petition signatures permitted from any one county, for both initiative and referendum, is 15%.

The provisions of this measure are identical to SCR-7 of 1980-81, which passed the Senate by a vote of 30 to 3. It is the only initiative and referendum constitutional amendment to pass the Senate with sufficient votes to meet the constitutionally required three-fifths vote for submission to the people.

Proposes an amendment to the Constitution to establish the initiative and referendum procedure in the State.