The Harrison times., 1916-08-12
The Initiative and Referendum power,


Counties. cities and towns NAV pro-
Vids for the exercise OF the Initiative
and referendum as 10 their local lasis-
ation. Petitions shall be nled with tina
county or city clerk. Not more than
ten (l0) per cent OF the legal voters Of
any county, city, or town may be re-
suired 10 order the referendum nor
more than fifteen Q5) per cent OF the
legal voters OF any such county, city or
town, shall be required 20 propose auy
measure by initiative petition.
In counties or municipalities the num-
Der Of signatures required on petition
shall De computed upon the vote cast for
the ONCE OF county judge or mayor at
the last preceding election
Every extension. enlargement. pur-
chase, grant. or conveyance OF a fran
chise, or of any rights property. ease
ment, lease. or occupation of or in any
road, street alley or park, or any part
thereof in any real property. or interest
In any real property owned by a munich
pal corporation, whether the same be by
Itatute, ordinance, resolution. or other
wise. shall be subject TO referendum and
shall not be subject to emergency legis-
lation. The time for filing a referendum
petition against municipal or local
measures shall not be fixed at less tnan
thirty days after the passage thereof by
municipal or local legislative bodies
The word measure as used herein,
means any law, bill resolution, ordi-
nance. charter, or constitutional amend
ment, or any other legislative measure.
In the case of laws chiefly Of local in
terest, as the creation Of new or addi-
Gonal judges or other officers or Offices,
referendum by petition shall be sub
mitted for approval or rejection to the
people of the district interested.
All elections on general, local and
special measures referred TO the peopA
" the State or Of any locality shall be
ield at the regular general election ex-
ept when the Governor, County Judge
Or Mayo. shall order a special election
State. counties, or municipalities may
provide for special elections on local
legislation.
No Limitation Shall be placed upon
.Ss number Of constitutional amend
ments or other measures which may De
proposed and submitted TO the people by
either Initiative or Referendum petit
lions as provided in this section nor
Ihall this section be construed to con-
1ict in any particular with Article 10.
Section %. of the Constitution provid-
ng for the submission Of constitutional
amendments by the Legislative Assem-
sly and their adoption by the people.
This section shall not be construed to
1epriye any member Of the Legislative
Assembly of the right to introduce any
mitted to the people by the Legislative
Assembly except a proposed constitu-
.ional amendment, or amendment as pro-
Tided for in Article 19, Section 22 of the
Constitution.
Any measure submitted to the people
sy petition as herein provided shall tane
effect and became a law when approved
by a majority of the votes cast there
On and not otherwise. and shall not be
required to receive a majority OF the
votes cast for candidates in such cleo
lion. Such measure shall be operative
IN and after the thirteth day after the
election at which it is approved.
The veto power of the Governor or the
Mayor shall not extend to measures in
tiated by or referred to the people.
If conflicting measures referred to the
people shall be approved by majority
VI the votes severally cast for and
against the same, the one receiving the
,igher number of affirmative votes shall
HEREBY become a law.
No measure approved by vote or the
people shall be amended or repealed by
the General Assembly or any City
Council except by yea or nay vote upon
roll call of three-fOurths of all the mem
sers elected; nor shall any such meas
ire be set aside, in whole or in part as
unconstitutional except by unanimous
decision of all the members of the Su-
preme Court of the State.
Legal voters only shall be counted
anon petitions Petitions may be circu-
ated and presented in parts but each
part of any petition shall have attached
hereto the affidavit of the person cir
eulating the same, that all the sigma
cures thereon were made In the pres
snce of the affiant and that to the best
Of the aflants knowledge and bellef
zach signature is genuine, and that the
person signing is a legal voter and no
other affidavit or verifcation shall be re.
puired to establish the genuineness OF
such signatures.
tions shall be decided in the first in
stance by the Secretary of the state,
and of municipal and local petitions by
he CITY or County Clerk, subject 10 re-
view bv the Supreme Court of the state
which shall have exclusive ana original
Jurisdiction over all such cases.
IF the sufficiency of any petition IS
sheIlenged the question shall be tried at
nnce without reference to term time OF
vacation. and adjudicated without de-
Iay: but the failure of the courts 10
decide prior to the election, as 10 tne
snticiencv of such petition, shall not
orevent tbe question from being placed
pnon the ballot at the election named
in such petition, nor initiate against
The validity Of the measure II II shall
have been approved by vote OF tle peo-
ole, If the Secretary OF state, county
rlerk. or City Clerk, shall decide any pc
zion 10 be insufficient he shall, without
deIov notify the sponsors of the petit
ZION and permit at least thirty Gays
sroyn the date Of such notification Tor
correction or amendment In Use event
of legal proceedings to preVeL giving
legal effect to any petition upon any
grounds the burden OF PROOF snaii 20
mon the person or persons attacking
he validity of the petition
No law shall be passed recurring a
ntstribution of signatures upon Peli
tions in each of the counties OF other
political divisions or the ola'e, noi ~
prohibit any person or persons from CIV
~ or receiving compensation for CIR
cniating petitions, nor to prohlplt the
ctrc,Iaton of petitions, nor In any way
90 interfere with the freedom OF the peo-
10 IN securing petitions, but laws may
bba enacted prohibiting and penalizlhg
anv fraudulent practice, such as per
Iury. forgery, or any other lnlsuelnea''o'
IN The securing or fling or petitlons'
All measures submitted 10 so'1
,ha ncople by petitions under the pro-
'usiope W. of this section shall be publish
60 now or may hereafter be pro-
vided by law, ,,,, h., .ha
The sfvIe of all bills, initiated by the
arIa and submitted under the proVls-
tons of this section, shall pe be ~
~" aotcd bv the people Of the state OF
hrTonsas| (munciellty or county Us
she case may be). In submitting meas.
ures to the people, the secretary pa
stofe and all other officials sha,l pe
guided by the general laws untii ~
Sitional legislation snail DC pro'i'eu
therefor. .ho voto unon any
-, % lne ,nos,,re shall be declared by the