|
1 /
<br /> - AYQ Uva;
<br /> •
<br /> 0\
<br /> N
<br /> N
<br /> 1-30-101 Elections 152 153 General Provisions 1-40-101
<br /> 1-30-101 to 1-30-134. for or against said proposed law or constitutional amendment, and without
<br /> Repealed,L.80,p.439,§7,effective January I, 1981. a summary. Beginning with the first submission of a draft in any year, the
<br /> secretary of state shall call to his assistance the attorney general and the
<br /> + director of the legislative drafting office, the three of whom, constituting a
<br /> board for such purposes, a majority controlling, shall proceed to designate
<br /> INITIATIVE AND REFERENDUM and fix a proper fair title for each such proposed law or constitutional amend-
<br /> ment, together with a submission clause, at public meetings to be held on
<br /> the first and third Wednesdays of each month,beginning at 2 p.m.,in which
<br /> a draft has been submitted to the secretary of state,with the last such meeting
<br /> ARTICLE 40 to be held the first Wednesday in May, and shall prepare a clear, concise
<br /> summary of the proposed law or constitutional amendment. The summary
<br /> shall be a true and impartial statement as to the intent of the proposed law
<br /> 1 or constitutional amendment and shall not be an argument,nor likely to create
<br /> General Provisions prejudice, either for or against the measure. The board may request assis-
<br /> I-40-101. Filing procedure —title and I-40-111. Intent of general assembly. tance in the preparation of the summary from the legislative council and,
<br /> submission clause — sum- 1-40-112. Certification of ballot titles. if,in the opinion of the board,the proposed law or constitutional amendment
<br /> mary—rehearing—appeal. 1-40-113. Counting of votes—conflict- will have a fiscal impact on the state or any of its political subdivisions,shall
<br /> 1-40-102. Rehearing. ing provisions. request assistance in such matter from the division of budgeting or the depart-
<br /> 1-40-103. Fees—signing. 1-40-114. Publication. g ment of local affairs. The legislative council, the division of budgeting, and
<br /> 1-40-104. Petition—time of filing.
<br /> 1-40-115. Ordinances—effective,when
<br /> 1 1-40-105. Signatures required.
<br /> —referendum. the department of local affairs shall furnish any assistance so requested,and
<br /> 1-40-106. Warning—signatures—affi- 1-40-IIS. Ordinances,how proposed— the summary shall include an estimate of any such fiscal impact, together
<br /> davits—circulators. conflictingmeasures. with an explanation thereof. The title for the proposed law or constitutional
<br /> 1-40-107. Form — representatives of P P P
<br /> signers. 1-40-117. Basis ofvote—procedures. amendment,which shall correctly and fairly express the true intent and mean-
<br /> I-40-108. Ballot—voting—publication. 1-40-118. Unlawfulacts—penalty. ing thereof, together with the ballot title, submission clause, and summary,
<br /> 1-40-109. Affidavit—evidence—pro- 1-40-119. Enforcement.
<br /> test procedure. 1-40-120. Frequency of elections — shall be completed within two weeks after the first meeting of the board.
<br /> 1-40-110. Receiving money to circulate local initiative and refer- Immediately upon completion, the secretary of state shall deliver the same
<br /> petition—penalty. endum. with the original to the parties presenting it, keeping the copy with a record
<br /> 1-40-101. Filing procedure-title and submission clause-summary-rehear- of the action taken thereon. Ballot titles shall be brief,shall not conflict with
<br /> ing - appeal. (1) The original drafts of all initiative petitions for proposed those selected for any petition previously filed for the same election, and
<br /> laws or amendments to the state constitution to be enacted by the people, shall be in the form of a question which may be answered "yes" or "no"
<br /> before they are signed by the electors or any of them, shall be submitted and which shall unambiguously state the principle of the provision sought
<br /> by the proponents of the petition to the directors of the legislative council i to be added,amended,or repealed.
<br /> •
<br /> and the legislative drafting office for review and comment. Upon request, (3) If any persons presenting such initiative petition are not satisfied with
<br /> any agency in the executive department shall render assistance in reviewing , the titles,submission clause,and summary thus provided and claim that they
<br /> and preparing comments on the petition. No later than two weeks after the are unfair or that they do not fairly express the true meaning and intent of
<br /> date of submission of the original draft,unless it is withdrawn by the propo- the proposed law or constitutional amendment,within forty-eight hours after
<br /> nents,the directors of the legislative council and the legislative drafting office its return, they may file a motion with the secretary of state for a rehearing,
<br /> shall render their comments to the proponents of the petition concerning the which shall be passed upon by the board within forty-eight hours thereafter,
<br /> format or contents of the petition at a meeting open to the public.Such com- and, if overruled, upon their request, a certified copy of said petition with
<br /> ments shall not be disclosed to other than the proponents prior to such public the titles, submission clause,and summary of such proposed law or constitu-
<br /> meeting with the proponents of the petition. After the public meeting but tional amendment,together with a certified copy of such motion for rehearing
<br /> before submission to the secretary of state for title setting, the proponents and of the ruling thereon, shall be furnished them by the secretary of state
<br /> may amend the petition in response to some or all of the comments of the and, if filed with the clerk of the supreme court within five days thereafter,
<br /> directors of the legislative council and the legislative drafting office. shall be docketed as a cause there pending,which shall be placed at the head
<br /> (2)After the conference provided in subsection(I)of this section,the orig- of the calendar and disposed of summarily, either affirming the action of
<br /> inal or amended drafts, as the case may be, shall be submitted with a copy the board or reversing it, in which latter case the court shall remand it with
<br /> thereof to the secretary of state without any title,submission clause,or ballot instructions,pointing out wherein said board is in error.
<br /> title providing the designation by which the voters shall express their choice
<br />
|