HR462: HR462 State of Georgia; people have power to enact, repeal, or amend general statutory law by direct initiative and referendum process; provide - CA
Last action March 6, 2025 · House Second Readers
A Georgia House resolution would ask voters to amend the state Constitution to let citizens propose and pass laws directly, bypassing the General Assembly, through a new petition and ballot process.
In plain language
Currently, only the General Assembly can enact, repeal, or amend Georgia statutes and propose constitutional amendments (aside from constitutional conventions). This resolution proposes a constitutional amendment creating a direct initiative and referendum process, letting registered voters themselves put statutes and constitutional amendments on the ballot by gathering enough petition signatures. To qualify a statutory initiative or referendum, petitioners would need signatures from at least 8 percent of registered voters (based on the last presidential election turnout), spread across at least half of Georgia's congressional districts. Constitutional amendments by initiative would require 10 percent. Statutory measures pass with 60 percent voter approval; constitutional amendments need a two-thirds majority. Certain topics, including appropriations, taxation, retirement systems, and public safety emergencies, are excluded from the statutory initiative process. If approved by voters, the amendment would take effect after ratification at a general election.
What the bill does
- Creates a new Article III, Section XI of the Georgia Constitution giving citizens direct power to enact, repeal, or amend general statutes through petitions and ballot votes.
- Requires statutory initiative petitions to gather signatures from at least 8 percent of registered voters across half the state's congressional districts before qualifying for the ballot.
- Requires a 60 percent voter approval threshold for citizen-initiated statutes to become law, effective the following July 1 unless another date is specified.
- Amends Article X to allow citizens to propose constitutional amendments directly by petition, requiring 10 percent voter signatures and two-thirds voter approval to pass.
- Excludes certain subjects, such as taxation, appropriations, retirement systems, and public safety emergencies, from the citizen initiative and referendum process.
- Bars a rejected initiative or a substantially similar proposal from being resubmitted for three years after it fails at the ballot.
Who it affects
Georgia's registered voters, who would gain new petition and voting rights; the General Assembly, which would share lawmaking power with citizen initiatives; the Secretary of State, who would verify petitions; and the Attorney General, Legislative Counsel, and county probate courts, who handle proposal summaries and filings.
Why it matters
If ratified, Georgians could bypass the legislature to pass or repeal certain state laws and amend the Constitution directly, provided they gather enough signatures statewide. This would change how some state policy decisions get made, shifting some lawmaking power from elected legislators to a direct voter petition and ballot process.
Key provisions
- Section 1 revises Article III, Section I to note that legislative power rests in the General Assembly except as provided by the new direct initiative section.
- Section 2 adds Article III, Section XI, defining the direct initiative and referendum process, its 8 percent signature threshold, excluded subjects, and the 60 percent approval requirement.
- Section 2, Paragraph II(c) requires petitions to be filed with the Secretary of State at least 180 days before a general election and sets verification procedures.
- Section 2, Paragraph II(e) bars resubmission of a rejected or substantially similar proposal for three years.
- Section 3 amends Article X, Section I to add a direct constitutional initiative process requiring 10 percent voter signatures and two-thirds approval to amend the Constitution.
- Section 4 sets the ballot question voters will see, asking whether to adopt the amendment allowing citizen initiative and referendum power.
Status timeline
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Shea Roberts (D, HD-052)
- Saira Draper (D, HD-090)
- Samuel Park (D, HD-107)
- Long Tran (D, HD-080)
- Lisa Campbell (D, HD-035)
Topics
- ballot initiatives
- constitutional amendments
- direct democracy
- voting and elections
- state lawmaking power