HB702: HB702 Representative Democracy Enforcement Act; enact
Last action March 6, 2025 · House Second Readers
House Bill 702 would create a detailed legal process for Georgians to petition for direct votes on statutes or constitutional amendments, but only if voters first approve a separate constitutional amendment allowing such petitions.
In plain language
Georgia's constitution does not currently let citizens bring proposed laws or constitutional amendments directly to a statewide vote through petition, the way some other states allow ballot initiatives. This bill sets up the rules Georgia would use if voters approve a future constitutional amendment creating that power. The bill creates the Direct Initiative and Referendum Committee, made up of lawmakers chosen by legislative leaders, to review petition language before it circulates. The Secretary of State would have final say on approving petition forms, collecting a $1,000 filing fee, and later verifying whether enough valid signatures were gathered. Petition sponsors would have one year to collect signatures, must hold public hearings once they reach halfway to the signature goal, and would be treated as campaign committees subject to Georgia's campaign finance disclosure law (O.C.G.A. Chapter 5 of Title 21). The law would only take effect January 1, 2027, and only if a companion constitutional amendment allowing direct initiatives is ratified by voters; otherwise it repeals itself automatically.
What the bill does
- Creates the Direct Initiative and Referendum Committee, made up of legislators chosen by chamber leaders, to review proposed ballot petitions for form before they circulate.
- Gives the Secretary of State authority to approve or reject petitions as to form, with a cure period and a path to appeal rejections to Fulton County Superior Court.
- Requires a $1,000 filing fee and limits petition sponsors to one year to collect the required number of signatures before the petition is automatically invalidated.
- Bars circulators with felony records or fraud-related misdemeanors from collecting signatures and prohibits paying circulators per signature collected.
- Creates a felony penalty, one to ten years in prison or a fine up to $100,000, for anyone who impedes or intimidates people during the signature verification process.
- Classifies petition sponsors as campaign committees under Georgia's campaign finance law and bars public funds from being spent to support or oppose a ballot petition.
Who it affects
Georgians who want to organize a ballot petition drive, the volunteers or paid circulators who collect signatures, the Secretary of State's office, the newly created legislative committee reviewing petitions, and any registered voter who would sign or vote on a resulting ballot question.
Why it matters
If the companion constitutional amendment passes, this bill would determine exactly how hard or easy it is for Georgians to force a statewide vote on a law or constitutional change, including fees, deadlines, background checks on circulators, and criminal penalties for interfering with the process.
Key provisions
- Section 1 adds new Code Sections 21-2-700 through 21-2-712, establishing the 'Representative Democracy Enforcement Act' within Georgia election law.
- O.C.G.A. § 21-2-704 creates a 12-member Direct Initiative and Referendum Committee and lets it request fiscal notes for petitions with significant budget impact.
- O.C.G.A. § 21-2-704 gives the Secretary of State 30 days to make a final call on rejected petitions, with a 45-day cure period for sponsors to fix defects.
- O.C.G.A. § 21-2-705 sets a $1,000 filing fee once a petition is approved as to form.
- O.C.G.A. § 21-2-706 gives sponsors one year to gather signatures and requires circulators to be registered Georgia voters without felony records.
- O.C.G.A. § 21-2-707 requires the Secretary of State to mail petition summaries to households and requires sponsors to hold public hearings in every congressional district.
- O.C.G.A. § 21-2-708 sets a felony penalty of one to ten years or a fine up to $100,000 for impeding or intimidating people during signature verification.
- Section 2 makes the entire Act effective January 1, 2027 only if a related constitutional amendment on direct initiative is ratified, and automatically repeals the Act if it is not.
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
- direct democracy
- election law
- Secretary of State
- constitutional amendments