The Newark journal. (Newark, Ark.) 1901-1959, 1916-08-03
The Initiative and Referendum pov.r,

palities and counties
Counties. cities and towns may pro-
woe for the exercise of the Initiative
and Referendum to their local lie gis-
lation Petitions shall be filed with the
county or city clerk. Not more than
ten tlO) per cent of the legal voters
any county. city, or town may be re
CURED to order the referendum, nor
more than fifteen (15) per cent of tire
legal voters of any such county. city or
& town, shall be required to propose any
measure by initiative petition
In counties or municipalities the mum
Der or signatures required on a petition
snail be computed upon the vote cast for
the office of county Judge or mayor at
ths last preceding election.
EVERY extension. enlargement, pur-
chase. grant. or conveyance of a fran
chlse, or of any rights. property. ease
inent, lease, or occupation Of or in any
ROAD, street. alley or park. or any part
thefeof In any real property. or interest
IN any real property owned by muAict-
PAL corporation, whether tire same be by
statute: ordinance resolution or other.
wise, shall be subject to referendum and
shatl not be subject to emergency lr IS
Iation. The tin for Hing a referendum
petition against municipal or local
measures shall not be fixed at less t;i;tn
thirty days after the pas sage thereof by
municipal or local lie sislatiXe bodies.
The word measure used herein.
means any law. bill. resolution. Ordi-
nance, charter or constitutional amend
ment or any other legislative mes IRE.
In the case of laws chiefly Of local N
tefest- as the creation OF new or add
uonal judges, or other officers or Offices
referendum by petition shall he sub
mltted for approval or rejection to tue
people of the district interested.
All elections on general, local IN
special measures referred ~ the FeopN
of the State or Of any locality saaIl be
held at the regular neral election. ex=
eept when the Governor, County Judge
or Mayor Shall order a special election.
State. counties, or municipalities may
provide for special elections on local
legislation.
No limitation shall be placed upon
the number Of constitutional amend
ments or other measures which may ue
proposed and submitted to TIE people by
either Initiative or Referendum petit
lions as provided ih this section nor
shall this section be construed to CON
niet in any particular witt Article 49,
Section y. of the Constitution proVid-
ing for the submission of constitutional
amendments by the Legislative Assem-
bly, and their adoption by the people.
This section shall not be construed to
oepriye any member Of the Legislative
Assembly of the right to introduce any
measure. but no measure shall be sub
mitted to the people by the Legislative
Assembly except a proposed eonStitu-
tional amendment, or amendment as pro-
yided for in Article 10. Section - OF the
Constitution
Any measure submitted to the people
by petition as herein provided shall tase
effect and became Il law when approved
by a majority of tire votes cast there
on and not otherwise, and shall not be
required to receive a majority or the
votes cast for candidates in such cleo
tion. Such measure shall be operative
on and after the thirtleth day after the
election at which IL Is approved
The veto power of the Governor or the
Mayor shall not extend TO measures in
tiated by or referred to the people.
II conflicting measures referred to the
people shall be approved by "a majority
Of the votes severalfy cast for and
against the same. the one receiving the
higher number of affirmative votes shall
hereby become a law.
No measure approved by a vote of the
people shall be amended or repealed by
the General Assembly or any city
Council except by yea nay vote upon
roll call OF three-fourths Of all the mem
bers elected. nor shall any such meas
are be get aside. In whole or in part. as
unconstitutional except by unanimous
decision OF all the members of the Sn-
preme Court of the state.
Legal voters only shall he counted
upon petitions. Petitions may be eireu-
lated and presented IN parts. but each
part of any petition shall have attached
thereto the affidavit Of the person cir
culating the same, that all the sigma
lures thereon were made in the pres
ence OF the affiant ard that to the best
OF the atlantis knowledge and belief
each signature is genuine. and that the
person signing is a legal voter. and no
other affidavit or Veri tcatiou shall be re
quired TO establish the genuineness OF
such signatures.
The sufieieney of all Statewide petit
lions shall be decided in the first in
stance by the Secretary of the state.
and of municipal and local petitions by
the city or County Clerk, subject TO re
view by the Supreme Court of the state
which shall have exclusive and origknAl
Jurisdiction over all such cases.
II the sufficiency of any petition Ii
challenged the question shall be tried al
once Without reference TO term. time OF
nd adf without
lay. but the failure of the courts TO
decide prior to the election. as to the
sufYiciency of such petition, shall not
prevent the question from being placed
upou 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 tile Pc,
pie II the Secretary OF State, county
Clerk or City Clerk, shall decide any pc
ton TO be insufficient he shall. without
delay notify the sponsors or the pet-
ton and permit at least thirty days
from the date of such notification for
correction or amendment. In the event
of legal proceedings to prevent giving
legal effect to any petition upon any
uuon the person or persons attacking
the validity of the petition
No law shall be passed requiring
distribution of signatures upon peu-
tions In each OF the counties or other
political divisions OF the state nor 10
prohibit any person or persons from CIV
ing receiving compensation loi VI
cuiating petitions. nor to prohibit the
circulation of petitions, nor In any way
10 interfere with the freedom OF the peo-
pie In securing petitions, but laws may
be enacted prohibiting and penal1zlhg
any fraudulent practice, such as per-
Jury. forgery, or any other misdemeahor
in the securing or filing of petitions
All MEASURES submitted to vote or
the people by petitions under the pro
visions of this section shall be publish
ed as is now or may hereafter be pro-
vfded by law.
The style of all bills. initiated by the
people and submitted under the provis-
Ions Of this section. shall be. BE IL
enacted by the people of the state or
Arkansas" municipality or county as
the case may be-. In submitting meas.
ures to the people, the Secretary OF
state and all other officials shall De
guided by the general laws until al
ditional legislation shall be provided
therefor.
The result OF tho vote upon any
State measure shall be declared by the
State Board of Election Commissioners
Tor the substitute Therefore, and the re-
suit OF a vote for any city or town meas
ure shall be declared by the City Cen
trail Committee or Town Council cor
any substitute therefor).
This amendment shall be self-exe-
cutting. but the Legislative Assembly