Archive for the ‘Article 9 - Constitutional Revision’ Category

ART. IX, SECTION 1. CONSTITUTIONAL CONVENTION

Wednesday, April 16th, 2008

(a) Whenever three-fifths of the members elected to each house of the General Assembly so direct, the question of whether a Constitutional Convention should be called shall be submitted to the electors at the general election next occurring at least six months after such legislative direction.

(b) If the question of whether a Convention should be called is not submitted during any twenty-year period, the Secretary of State shall submit such question at the general election in the twentieth year following the last submission.

(c) The vote on whether to call a Convention shall be on a separate ballot. A Convention shall be called if approved by three-fifths of those voting on the question or a majority of those voting in the election.

(d) The General Assembly, at the session following approval by the electors, by law shall provide for the Convention and for the election of two delegates from each Legislative District; designate the time and place of the Convention’s first meeting which shall be within three months after the election of delegates; fix and provide for the pay of delegates and officers; and provide for expenses necessarily incurred by the Convention.

(e) To be eligible to be a delegate a person must meet the same eligibility requirements as a member of the General Assembly. Vacancies shall be filled as provided by law.

(f) The Convention shall prepare such revision of or amendments to the Constitution as it deems necessary. Any proposed revision or amendments approved by a majority of the delegates elected shall be submitted to the electors in such manner as the Convention determines, at an election designated or called by the Convention occurring not less than two nor more than six months after the Convention’s adjournment. Any revision or amendments proposed by the Convention shall be published with explanations, as the Convention provides, at least one month preceding the election.

(g) The vote on the proposed revision or amendments shall be on a separate ballot. Any proposed revision or amendments shall become effective, as the Convention provides, if approved by a majority of those voting on the question.



ART. IX, SECTION 2. AMENDMENTS BY GENERAL ASSEMBLY

Wednesday, April 16th, 2008

(a) Amendments to this Constitution may be initiated in either house of the General Assembly. Amendments shall be read in full on three different days in each house and reproduced before the vote is taken on final passage. Amendments approved by the vote of three-fifths of the members elected to each house shall be submitted to the electors at the general election next occurring at least six months after such legislative approval, unless withdrawn by a vote of a majority of the members elected to each house.

(b) Amendments proposed by the General Assembly shall be published with explanations, as provided by law, at least one month preceding the vote thereon by the electors. The vote on the proposed amendment or amendments shall be on a separate ballot. A proposed amendment shall become effective as the amendment provides if approved by either three-fifths of those voting on the question or a majority of those voting in the election.



ART. IX, SECTION 3. CONSTITUTIONAL INITIATIVE BY VOTERS

Wednesday, April 16th, 2008

(a) The voters have the right to initiate the process by which constitutional amendments are but on the ballot and presented to voters. No earlier than 24 months before the general election in which the amendment is considered, any interested voter may place on file with the State Board of Elections the text of the amendment to this constitution and the format of the question that will be presented to voters. The proposed amendment may be to any part of this Constitution but shall be confined to one subject only.

(b) The interested voter and any interested group of citizens has until no later than 3 months prior to the general election in which the proposed amendment is to be considered to gather signatures of voters in the amount of 5% of the number of votes case in the last election for Governor. Additionally, the petitions must have signatures of voters in 10 different counties in the amount of 5% of the number of votes cast in the last election for governor from that county. Challenges to petitions shall be provided by law.

(c) No proposed amendment may be modified or changed after it is submitted to the State Board of Elections.

(d) A proposed amendment shall become part of this Constitution after it receives an affirmative vote by 3/5ths of the voters voting on the question in two consecutive biennial general elections.



ART. IX, SECTION 4. AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES

Wednesday, April 16th, 2008

The affirmative vote of three-fifths of the members elected to each house of the General Assembly shall be required to request Congress to call a Federal Constitutional Convention, to ratify a proposed amendment to the Constitution of the United States, or to call a State Convention to ratify a proposed amendment to the Constitution of the United States. The General Assembly shall not take action on any proposed amendment to the Constitution of the United States submitted for ratification by legislatures unless a majority of the members of the General Assembly shall have been elected after the proposed amendment has been submitted for ratification. The requirements of this Section shall govern to the extent that they are not inconsistent with requirements established by the United States.