The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-01-18
SENATOR PLAINS
new RECALL Law

1
mittee concurring. Senator Plain OF
Cavalier county proposes an amend
ment to the state constitution in re-
lation to the legislative department
\ The senator goes further in the meas
ure to provide for direct legislation
and for the recall OF officers.
| Provision is made that the amend
ment to the North Dakota constitu-
ton be referred to the. people to be
decided upon at the next general cleo
ton to be by the last named legis-
lative assembly submitted to the quail
| flied electors OF the state for approval
or rejection, in accordance with the
| provisions Of section 202 of the consti-
tuition of the state of North Dakota.
The constitution as so amended by
the resolution changes section 25, ar
to read as follows:
| The legislative authority of the state
of North Dakota shall be vested in
| a legislative assembly consisting Of a
senate and a house Of representatives
but the people reserve to themselves
the power to recall any elective officer,
propose laws and amendments to the
state constitution by the initiative pc
tition and to enact or reject the same
| at the polls, except as to laws relating
to appropriations Of money and except
as to local or special laws, as enumer-
ated in section 20 of article 2 of this
constitution, independently Of the leg
islatiVe assembly; and also reserve the
power, at their own option, to approve
or reject at the polls any act, item,
section or part of any act or measure
passed by the legislative assembly, ex-
cept as to laws necessary for the i'm
mediate preservation of the public
peace, health Or safety, and except as
to laws relating to appropriation of
money and except as to local or
special laws as enumerated in section
10 of article Of this constitution
The first power reserved by the peo-
pie is the initiative, or the power to
propose measures and amendments to
the constitution for enactment into
laws. Amy measure or constitutional
amendment may be proposed by the
people for enactment into laws by in
itiative petition, signed by not less
than 10 per cent of the legal voters
in each county of at least one half OF
the counties, of the state. ANY such
petition shall contain the full text of
the proposed measure. Such petitions
shall be filed with the secretary .,,f
state not less than thirty days before
the regular session OF the legislative
assembly to which such petitions are
to be presented. The secretary of state
shall transmit the same to the house
of representatives of such legislative
assembly on the first day of the session
thereof, and measures or amendments
to the constitution So proposed shall
take precedence over all other meas
ures in the legislative assembly, ex-
cept appropriation bills, and shall be
either enacted or rejected by the legis-
lative assembly without change or
amendment, within forty days from the |
opening of the session.
The second power reserved is the
referendum, or the power to order any |
act, item, or part of any act to be re- !
ferred to the people for their approval |
or rejection at. the polls. A referen- |
dunn must be had on initiative meas |
ures rejected or not acted upon by the |
legislative assembly, and on measures |
proposed by the legislative assembly |
as substitutes for initiative measures, |
as above provided, and may be ordered |
as to any measure, or any part item |
or section of any measure passed by |
the legislative assembly, either by the |
legislative assembly upon a majority |
vote of the members elect thereof.
or upon a petition signed by at least /
10 per cent of the legal voters in each
county or at least one half of the coun-
ties of the state, provided that when
1t is necessary for the immediate pres
eryation Of the public health, peace or
safety that a law becomes effective
without delay. Such necessity and the
facts creating the same, shall be stated
in one section of the bill and if upon
aye and nay vote in each house of the
legislative assembly, two thirds of all
the members-elec thereto shall vote
on a separate roll call in favor of such
law going into instant operation on ac-
count of the necessity for the same,
such law shall become operative upon
approval by the governor and shall not
be subject to a referendum.
The reference to the people of one or
more items. sections or parts of any act
shall not delay the remainder of that
act from becoming operative. All ref
erendum petitions shall be flied with
the secretary Of state within ninety
days after the final adjournment of
the session of the legislative assembly,
which passed the measure upon which
the referendum is demanded The vote
power of the governor shall not extend
to measures initiated by or referred
to and approved by the people All
elections on measures referred to the
people shall be had at biennial regular
elections, unless provision be made by
law for special election on such
measures. Amy measure thus referred
to the people shall become a law when
it Is approved by majority of the
votes cast thereon, and not otherwise
and shall be in force from the date of
the official declaration of the vote.
The enacting clause of all measures
initiated by the people shall be: BE
1t enacted by the people of the
state OF North Dakota" The basis for
the computation of the number OF sig
natures required for any initiative or
referendum petition shall be the total
vote cast for governor at the last gem
eral election in the counties where
such petitions are signed The cleo
ton shall not be construed to deprive
any member Of the legislative assembly
of the right to introduce any measure.
The third power reserved by the peo-
pie Is the power to recall elective Of
ficers Every public officer in North
Dakota Is subject to recall by the legal
voters of the state of the electoral
district from which he Is elected.
There shall be required at least 35 per
cent OF the number of electors who
voted in his district at the preceding