AJR 100

This constitutional amendment, proposed to the 2021 legislature on first

consideration, creates a petition process by which the people may propose and

approve laws and constitutional amendments at an election and creates a

referendum process by which the people may reject an act of the legislature.

Referendum

The amendment provides that no act may become effective until at least 120

days after the act is published. During that period, the people may file a petition with

the commission that administers state elections (Elections Commission) for a

referendum to reject the act, a section of the act, or an item of appropriation in the

act. The amendment requires the legislature to establish the Elections Commission.

A petition for referendum must be signed by qualified electors equaling at least

4 percent of the vote cast for the office of governor at the last preceding gubernatorial

election and must be filed with the Elections Commission within 90 days after the

date of publication of the act.

After validating a petition's signatures, the Elections Commission is required

to order a referendum at the next general election occurring at least 120 days after

the petition was filed with the Elections Commission. No act or part of an act subject

to the petition may go into effect unless a majority of those voting on the referendum

approve it. If the petition is against a part of an act, the remainder of the act is not

prevented from going into effect. No act or part of an act rejected in a referendum

may be reenacted during the legislative session in which it was rejected.

Initiative

The amendment further provides that the people may propose, by petition filed

with the Elections Commission, laws and constitutional amendments for a vote at

an election. The petition must satisfy all of the following conditions:

1. If a petition for an initiative law, be signed by qualified electors equaling at

least 6 percent of the vote cast for the office of governor at the last preceding

gubernatorial election.

2. If a petition for an initiative constitutional amendment, be signed by

qualified electors equaling at least 8 percent of the vote cast for the office of governor

at the last preceding gubernatorial election.

3. Include the full text of the proposed law or constitutional amendment

prepared in proper form. Upon request by any qualified elector, the Elections

Commission is required to have the proposed law or constitutional amendment

drafted in proper form and made available to the public. The proposed law or

amendment must embrace no more than one subject, and that subject must be

expressed in the title.

4. Be filed with the Elections Commission not less than 120 days before the

election at which the proposed law or constitutional amendment is to be voted upon.

Similar to the process for a referendum, after verifying an initiative petition's