WORKING DRAFT

SENATE JOINT RESOLUTION NO.

Constitutional initiative.

Sponsored by: SDRAFT

A BILL

for

A JOINT RESOLUTION proposing to amend the Wyoming Constitution; creating an initiative process to amend the Wyoming Constitution; and specifying procedures.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF WYOMING, two-thirds of all the members of the two houses, voting separately, concurring therein:

Section 1. The following proposal to amend Wyoming Constitution, Article 3, Section 52(a) and Article 20 by creating section 5 is proposed for submission to the electors of the State of Wyoming at the next general election for approval or rejection to become valid as a part of the Constitution if ratified by a majority of the electors at the election:

Article 3, Section 52 Initiative and referendum.

(a) The people may propose and enact laws and constitutional amendments by the initiative, and approve or reject acts of the legislature by the referendum. The provisions of this section shall govern initiated laws and the referendum process. The provisions of Article 20, Section 5 shall govern the initiative process for constitutional amendments.

Article 20, Section 5. Amendment by initiative.

(a) The people may propose amendments to this constitution by the initiative as set forth in this section.

(b) A constitutional initiative is proposed by an application containing the proposed amendment. The application shall be signed by not less than one hundred (100) qualified voters as sponsors, and shall be filed with the secretary of state. If he finds it in proper form he shall so certify. Denial of certification shall be subject to judicial review.

(c) After certification of the application, a petition containing a summary of the subject matter shall be prepared by the secretary of state for circulation by the sponsors. If signed by qualified voters, sufficient to the meet the requirements of article 3, section 52(c) of this constitution, it may be filed with the secretary of state.

(d) A constitutional initiative petition may be filed at any time except that one may not be filed for a measure substantially the same as that defeated in an election held under section 1 of this article or under this section within the preceding five (5) years. The secretary of state shall prepare a ballot title and proposition summarizing the proposed amendment, and shall place them on the ballot for the next general election held more than one hundred twenty (120) days after the filing. The proposed amendment shall be published by the secretary of state for at least twelve (12) consecutive weeks, prior to the election, in at least one (1) newspaper of general circulation, published in each county. If, before the election, substantially the same amendment has been proposed by the legislature for submission to the voters under section 1 of this article, the petition is void and the procedure for the proposed amendment shall be as provided in section 1 of this article.

(e) If votes in an amount in excess of two-thirds (2/3) of those voting in the election are cast in favor of adoption of an initiated amendment, as certified by the secretary of state, the amendment, as approved by the voters, shall be submitted for ratification by each house at the next general session of the legislature as provided in this subsection. The proposed amendment shall be submitted first to the senate by the president of the senate for roll call vote. If a majority of all the members of the senate vote in favor of the amendment the speaker of the house shall submit the proposed amendment to the house for roll call vote. If the amendment, as approved by the voters, is ratified by majority vote of each house it shall become part of this constitution on July 1, next following the legislative ratification. If the proposed amendment is not so ratified at that legislative session it shall not become part of the constitution. The ratification of the proposed amendment is not subject to provisions of this constitution governing the passage of a bill. Notwithstanding article 3, section 41 or article 4, sections 8 and 9 of this constitution, the ratification is not required to be presented to the governor for his approval and the governor shall have no power to veto a ratified amendment.

(f) Additional procedures for the constitutional initiative may be prescribed by law.

Section 2. That the Secretary of State shall endorse the following statement on the proposed amendment:

The adoption of this amendment allows amendments to the Wyoming Constitution to be proposed by the initiative process and ratified by the Wyoming Legislature.

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