A Potential Draft Bill
Proposing an amendment to the Constitution of Virginia by adding in Article II a section numbered 21 and amending Section 1 of Article XII, relating to the establishment of the People’s Legislative Initiative.
RESOLVED by the Senate, the House of Delegates concurring, a majority of the members elected to each house agreeing, That the following amendment to the Constitution of Virginia be, and the same hereby is, proposed and referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates for its concurrence, as provided by Section 1 of Article XII of the Constitution of Virginia, namely:
ARTICLE II. FRANCHISE AND OFFICERS.
Section 21. The People’s Legislative Initiative and Referendum.
(a) Power Reserved to the People. The legislative power of the Commonwealth shall be vested in a General Assembly, but the people reserve to themselves the power to propose laws and amendments to this Constitution, and to adopt or reject the same at the polls, independent of the General Assembly.
(b) Initiative Petition Requirements.
1. To propose a law or a constitutional amendment, a petition shall be filed with the State Board of Elections signed by qualified voters equal in number to at least five percent (5%) of the total votes cast for Governor in the last preceding gubernatorial election.
2. Geographic Distribution. Signatures must be collected from at least seven (7) of the eleven (11) congressional districts of the Commonwealth to ensure broad statewide support.
(c) Voting Threshold. No measure proposed by initiative shall become law or amend this Constitution unless it receives the affirmative vote of at least sixty-six and seven-tenths percent (66.7%) of those voting on the measure.
(d) Limitation on Legislative Interference.
1. No Repeal. The General Assembly shall have no power to repeal a law or constitutional amendment enacted by the people under this section.
2. Restricted Amendment. The General Assembly may amend a law enacted under this section only by an affirmative vote of seven-eighths (87.5%) of the members elected to each house, and only if such amendment furthers the purpose of the original initiative.
(e) The People's Veto (Popular Referendum).
• Power to Reject. The people reserve the power to approve or reject at the polls any act or part of an act passed by the General Assembly.
• Petition and Suspension. If a petition signed by qualified voters equal to five percent (5%) of the total votes cast for Governor is filed within 90 days of the adjournment of the legislative session, the law in question shall be suspended from taking effect.
• Geographic Distribution. Signatures must be collected from at least seven (7) of the eleven (11) congressional districts.
• Final Decision. The law shall remain suspended until it is submitted to the voters at the next general election. It shall only take effect if approved by sixty-six and seven-tenths percent (66.7%) of those voting on the measure.
(f) Administrative Duty. The General Assembly shall provide by law for the procedures for the filing, verification, and ballot placement of such measures, provided that such laws shall be ministerial in nature and shall not be used to unreasonably delay or frustrate the people's exercise of these powers.