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.
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.
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.
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.
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repealed by the legislature within two years of its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.
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.