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ARTICLE XVII
REVISION AND AMENDMENT
METHODS OF PROPOSAL
Section 1. Revisions of or amendments to this
constitution may be proposed by constitutional convention or by the
legislature. [Ren Const Con 1978 and election Nov 7, 1978]
CONSTITUTIONAL CONVENTION
Section 2. The legislature may submit to the
electorate at any general or special election the question, "Shall there
be a convention to propose a revision of or amendments to the
Constitution?" If any nine-year period shall elapse during
which the question shall not have been submitted, the lieutenant
governor shall certify the question, to be voted on at the first general
election following the expiration of such period.
ELECTION OF DELEGATES
If a majority of the ballots cast upon such a question be in the
affirmative, delegates to the convention shall be chosen at the next
regular election unless the legislature shall provide for the election
of delegates at a special election.
Notwithstanding any provision in this constitution to the contrary,
other than Section 3 of Article XVI, any qualified voter of the district
concerned shall be eligible to membership in the convention.
The legislature shall provide for the number of delegates to the
convention, the areas from which they shall be elected and the manner in
which the convention shall convene. The legislature shall
also provide for the necessary facilities and equipment for the
convention. The convention shall have the same powers and
privileges, as nearly as practicable, as provided for the convention of
1978.
MEETING
The constitutional convention shall convene not less than five months
prior to the next regularly scheduled general election.
ORGANIZATION; PROCEDURE
The convention shall determine its own organization and rules of
procedure. It shall be the sole judge of the elections,
returns and qualifications of its members and, by a two-thirds vote, may
suspend or remove any member for cause. The governor shall
fill any vacancy by appointment of a qualified voter from the district
concerned.
RATIFICATION; APPROPRIATIONS
The convention shall provide for the time and manner in which the
proposed constitutional revision or amendments shall be submitted to a
vote of the electorate; provided that each amendment shall be submitted
in the form of a question embracing but one subject; and provided
further, that each question shall have designated spaces to mark YES or
NO on the amendment.
At least thirty days prior to the submission of any proposed revision
or amendments, the convention shall make available for public
inspection, a full text of the proposed amendments. Every
public library, office of the clerk of each county, and the chief
election officer shall be provided such texts and shall make them
available for public inspection. The full text of any
proposed revision or amendments shall also be made available for
inspection at every polling place on the day of the election at which
such revision or amendments are submitted.
The convention shall, as provided by law, be responsible for a
program of voter education concerning each proposed revision or
amendment to be submitted to the electorate.
The revision or amendments shall be effective only if approved at a
general election by a majority of all the votes tallied upon the
question, this majority constituting at least fifty per cent of the
total vote cast at the election, or at a special election by a majority
of all the votes tallied upon the question, this majority constituting
at least thirty per cent of the total number of registered voters.
The provisions of this section shall be self-executing, but the
legislature shall make the necessary appropriations and may enact
legislation to facilitate their operation. [Am Const Con 1968 and
election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7,
1978; am SB 578 (1979) and SB 1703 (1980) and election Nov 4, 1980]
AMENDMENTS PROPOSED BY LEGISLATURE
Section 3. The legislature may propose amendments to
the constitution by adopting the same, in the manner required for
legislation, by a two-thirds vote of each house on final reading at any
session, after either or both houses shall have given the governor at
least ten days' written notice of the final form of the proposed
amendment, or, with or without such notice, by a majority vote of each
house on final reading at each of two successive sessions.
Upon such adoption, the proposed amendments shall be entered upon the
journals, with the ayes and noes, and published once in each of four
successive weeks in at least one newspaper of general circulation in
each senatorial district wherein such a newspaper is published, within
the two months' period immediately preceding the next general
election.
At such general election the proposed amendments shall be submitted
to the electorate for approval or rejection upon a separate ballot.
The conditions of and requirements for ratification of such proposed
amendments shall be the same as provided in section 2 of this article
for ratification at a general election. [Ren and am Const Con 1978 and
election Nov 7, 1978]
VETO
Section 4. No proposal for amendment of the
constitution adopted in either manner provided by this article shall be
subject to veto by the governor. [Ren Const Con 1978 and election Nov 7,
1978]
CONFLICTING REVISIONS OR AMENDMENTS
Section 5. If a revision or amendment proposed by a
constitutional convention is in conflict with a revision or amendment
proposed by the legislature and both are submitted to the electorate at
the same election and both are approved, then the revision or amendment
proposed by the convention shall prevail. If conflicting
revisions or amendments are proposed by the same body and are submitted
to the electorate at the same election and both are approved, then the
revision or amendment receiving the highest number of votes shall
prevail. [Add Const Con 1968 and election Nov 5, 1968; ren Const Con
1978 and election Nov 7, 1978]
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