Voter Petitions
DEMOREP1 at aol.com
DEMOREP1 at aol.com
Tue Oct 20 06:10:55 PDT 1998
Mr. Davis asked--
I am new here. What is the consensus on having a nationwide referenda
process?
(i.e. Enough signatures in 50 states to place a binding federal statute.
Ross Perot's supporters managed to put his name on all 50 states) [i think]
-----
D-The initiative for new constitutional amendments (or laws) proposed by the
voters and the referendum on laws enacted by legislative bodies are two of the
standard *power to the voters* election reforms along with having recall
elections for elected or appointed public officers. None of them, of course,
exist in the now ancient and dangerously anti- democratic 1787 Constitution,
as amended (due to the various indirect minority rule gerrymanders for
electing U.S. Representatives, U.S. Senators and the U.S. President and Vice
President).
Some language for a State constitution--
Sec. [A]. (a) A constitutional amendment may be proposed by a constitutional
amendment petition signed within [2 years] before being filed. (b) A law may
be proposed by a law initiative petition signed within [2 years] before being
filed. (c) A referendum to approve or reject a law enacted by the
[Legislature] may be proposed by a law referendum petition which is signed and
filed within [91] days after the law is enacted. (d) The full text of the
proposed constitutional amendment, the proposed law or the enacted law shall
be filed and be given a number before the petition is circulated. (e) A
petition form shall be [on 3 inch by 5 inch cards], as follows:
(CONSTITUTIONAL AMENDMENT) (LAW INITIATIVE) (LAW REFERENDUM) PETITION- I have
read the full text of proposal (number) and I petition for it. (Date,
Signature, Name and Address of Elector). (f) A constitutional amendment, law
initiative or law referendum petition shall be signed respectively by Electors
equal in number to at least [10], [8] or [5] percent of the Election Voters
[at the last Election for the Legislature]. (g) A valid petition shall be
submitted, at least [119] days after being filed, to the Electors at the next
Election.
Sec. [B]. (a) If a majority of the Electors voting on a proposal approve it,
then it shall take effect [at noon 21] days after the Election. (b) If 2 or
more amendments (or laws) at the same Election are approved and conflict, then
the amendment (or law) receiving the highest affirmative vote shall prevail.
(c) A law approved by the Electors may only be amended or repealed by the
Electors but the [Legislature] may propose to amend or repeal the law.
Sec. [C]. (a) A recall Election for any legislative body (or any elected or
appointed executive or judicial officer) may be proposed by a petition signed
by a number of Electors in the electoral or appointive area of the body or
officer exceeding [25] percent of the Election Voters [at the last Election
for the Legislature] in the area involved. (b) A petition shall be signed
within [91] days before being filed and during the term(s) of office involved
[and may contain 1 or more reasons for the recall which shall not be
reviewed]. (c) A petition form shall be [on 3 inch by 5 inch cards], as
follows: RECALL PETITION- I petition for the recall of (name of the
legislative body or name and office of officer) in (the electoral or
appointive area of the body or officer) [(for the following reason(s):
(reason(s))] (Date, Signature, Name and Address of Elector). (d) A recall
Election shall be held between [49] and [63] days after a valid petition is
filed if the term(s) of office continue beyond the recall Election date [and
if the cost of verifying the petition and holding the recall Election is paid
for by its sponsor(s) when the petition is filed]. (e) If a majority of the
Electors voting on a recall approve it, then the body or officer shall be
removed from office immediately.
Major pressure for similar U.S. constitutional amendments will not occur until
a large percentage of the States have the above.
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