Pocahontas star herald., 1916-08-11

Counties vit.rs and towns may pre-
| we Tor the exercise Of the Initiative
| all Referendum as % their local legis-
| lailon. Petitions shall b. nled with the
] county o. city rlsfF Not more than
( ten hol PEE cent of the lsEal voters of
any county, city, OF town may be re-
| qulred 10 order the referendum. nor
! more than nfteen utl per cent % the
| legnl voters of any such county. city or
/ town shall be required % propose snT
measure by initiative petition,
IN counties or municipalities the mum
| shall hc computed upou the vote cast for
| the ONCE of county Judge or mayer "A
The last preceding election.
Every extension. enlarEements pr
chase, grant or conveyance Of fr.R-
chiae, or % any rights, property, ease
| ment lease. or occupation of % In anY
| road, street alley Or park. or any part
In any real property owned by a muniai-
| pal corporation, whether the same be by
| statute, ordinance, resolution, or othsr-
! wise, shall be subject 20 referendum ana
| shall not h. subject 60 emergency lsEfs~
latlon. The time for Ming a rsfsrsndsm
petition AGAINST municipal or LEGAL
| measures shall not be fixed al less tnsa
thirty days after the passage thereof by
municipal or local legislative bodies
The word measure a. used herein.
| means any law, bill, resolution. ordi-
| nance, charter, or constitutional amend-
msnt or any other legislative measure
I
tsresl as the creation Of new or adj
! uonal judges, or cther ofncers or orices.
| referendum by petition shall he sub
mr,sd for approval or rejection TO the
All elections on general, local. md
| special measures referred 90 the people,
/ or the State or OF any locality shall be
held at the regular Feneral election. en-
| iept when the Governor, County Judge
/ or Mayor shall order a special election.
state, counties, OF municipalities may
provide for special elections on socai
No Limitation shall be placed upon
/ the number % constitutional amend
ments or other measures which may ss
/ proposed and submitted 70 the people by
| either Initiative or Referendum petit
! tlons as provided In this section. nsr
shall this section be construed 90 con-
/ nict In any particular with Article 10.
! Section %, OF the Constitution provid-
\ ing for the submission OF constitutional
amendments by the Legislative Assem-
| 1ly aud their adoption by the people.
/ This section shah not be construed %
deprive any memher OF the LsEisiatf>-
Assembly Of the right TO introduce any
| measure. but no measure shall be sub
| mitted 10 the people by the LeGiHiatfve
Assembly except proposed constitu-
rided for IN Article H. Section 20 OF the
/ Constitution
Any measure submitted 20 the peopi.
by petition as herein provided shall tsze
.
by a majority OF the votes cast there
. on and not otherwise. and shall not be
| required TO receive majority OF the
votes cast for candidates IN such eiec-
/ lion. Such measure shall be operative
on and after the thirtieth day after the
election at which II ia approved.
The veto power ~ the Governor or the
Mayor shall not extend 20 measures In
/ tiated by or referred 20 the people.
! II conflicting measures referred 20 the
| people shall be approved hy a majority
I N the votes Hevernlly cast for ana
against the same. the one receiving the
! hiEher number OF Affirmative votes shall
hereby become a law.
| No measure approved by n vote of the
people shall be amended or repealed by
| the General Assembly or any city
/ Council except by n yea or nay vote upon
roli call Of three-fourths Of all the mem
bers elected; nor shall any such meas
are he set aside, IN whole or In part. as
| unconstitutional except by n unanimous
decision OF all the members OF the su-
preme Court OF the state
Legal voters only shall be counted
ipon petitions. Petitions may be circu-
ated and presented IN parts. but each
part OF any petition shall have attached
/ thereto the afidavit Of the person cir
culating the same, that all the sigma
snce Of the afiant and that 90 the best
Of the affiantH knowledge and belief
sach signature IL genuine. ana that tbs
person signing In legal voter, and no
quired 20 establish the genulheness Of
The suficiency of all statewide peti-
tions shall be decided IN the nrst In
stance by the Secretary OF the Stats.
and OF municipal and local petitions sy
| the City or County Clerk subject 10 re-
view by the Supreme Court ~ the State
which shall have exclusive and original
Jurisdiction over nli such cases.
| IN the suficiency OF any petition II
challenged the question shall be tried at
once without reference 20 term. time or
vacation. and adJudicated without de-
lay; hut the failure OF the courts 10
decide prior 20 the election. as 20 ths
suffciency OF such petition. shall not
prevent the question. from being placed
upon the ballot at the election named
/ IN such petition. nor initiate against
/ the validity of the measure N II shall
/ have been approved by vote or the peo-
pie, II the Secretary of state. County
| Clerk, or city Clerk shall decide any Pc
/ lion 10 be insuficie-t he shall. without
delay. notify the sponsors Of the peti.
tion and permit at least thirty days
/ from the date OF such notincntion for
correction or amendment In the event
| of legal proceedings 20 prevent giving
| legal effect 20 any petition upon any
/ grounds the burden OF proof shall be
upon the person or persons attacking
/ the validity OF the petition.
] No law shall be passed requiring .
distribution Of signatures upon petit
| tions IN each OF the counties or other
| uOliticnl divisions OF the nluNet nor "
| prohibit any person or persons from Civ
! Ing or receiving compensation for cir
| culatlng petitions. nor 20 prohibit the
| circulation OF petitions, nor In any way
| 10 Interfere with the freedom Of the peo-
! Die In securing petitions but laws may
| be enacted prohibiting and penalizinf
| any fraudulent practice such as per
| fury forgery, or any other miHdemeanor
| In the securing or hling Of petitions.
! All measures submitted 10 a vote OF
/ the people by petitions under the pro-
/ Visions Of this section shall he publish
| ed as In now or may hereafter be pro
| vided by law.
The styIe OF all bills. initiated by the
people and submitted under the prCvis-
] IONS OF this section, shall be, BE II
| enacted by the people OF the state OF
| Arkansas" municipality or county. aa
! the case may be). In submitting meas
| ures TO the people, the Secretary OF
| state and all other officials shall be
| guided by the general laws until ad-
| ditlonal legislation shall be provided
| therefor.
| state measure shall be declared by the.
/ State BOARD OF Election Commissioners
| for the substitute therefor), and the re-
| suit Of a vote for any city or town meas
| ure shall be declared by the city Cen.
| traI Committee or Town Council (or
| any substitute therefor).
| This amendment shall be self-exe-l
| cutting, but the Legislative Assembly
! -. 1,sva n facilitate ltn