Mass Gen Laws Ch 53 Ãâ§22a and Const Art Xlviii and Associated Amendments
Article XLVIII of the Massachusetts Constitution is almost how to amend the land's constitution.
I. Definition
Legislative power shall continue to be vested in the general courtroom; but the people reserve to themselves the popular initiative, which is the power of a specified number of voters to submit constitutional amendments and laws to the people for approval or rejection; and the popular referendum, which is the power of a specified number of voters to submit laws, enacted past the general courtroom, to the people for their ratification or rejection.[ane]
Two. Initiative Petitions
Department i. Contents
Contents. An initiative petition shall set forth the full text of the constitutional amendment or law, hereinafter designated as the measure out, which is proposed by the petition.[i]
Section 2. Excluded Matters
No measure that relates to organized religion, religious practices or religious institutions; or to the date, qualification, tenure, removal, recall or compensation of judges; or to the reversal of a judicial decision; or to the powers, creation or abolitionism of courts; or the performance of which is restricted to a particular town, city or other political division or to particular districts or localities of the commonwealth; or that makes a specific appropriation of money from the treasury of the commonwealth, shall be proposed by an initiative petition; but if a law approved by the people is not repealed, the general court shall raise by revenue enhancement or otherwise and shall appropriate such coin as may be necessary to comport such law into effect.
Neither the eighteenth amendment of the constitution, as approved and ratified to accept event on the kickoff mean solar day of October in the year 19 hundred and eighteen, nor this provision for its protection, shall exist the subject of an initiative amendment.
No proposition inconsistent with any 1 of the following rights of the individual, as at present declared in the declaration of rights, shall be the field of study of an initiative or referendum petition: The correct to receive compensation for private property appropriated to public use; the right of access to and protection in courts of justice; the right of trial by jury; protection from unreasonable search, unreasonable bond and the law martial; freedom of the press; freedom of speech; liberty of elections; and the right of peaceable assembly.
No part of the constitution specifically excluding any matter from the performance of the pop initiative and referendum shall exist the discipline of an initiative petition; nor shall this department be the field of study of such a petition.
The limitations on the legislative power of the general court in the constitution shall extend to the legislative ability of the people every bit exercised hereunder.[ane]
[Section 3. Manner of Originating]
Note: Section 3 has been superseded by Section 1 of Amendments, Art. LXXIV.
[Such petition shall commencement exist signed by ten qualified voters of the democracy and shall then exist submitted to the chaser-general, and if he shall certify that the measure out is in proper form for submission to the people, and that information technology is not, either affirmatively or negatively, substantially the same every bit any measure which has been qualified for submission or submitted to the people inside 3 years of the succeeding first Wednesday in December and that it contains merely subjects non excluded from the pop initiative and which are related or which are mutually dependent, information technology may and so be filed with the secretary of the commonwealth. The secretary of the commonwealth shall provide blanks for the utilise of subsequent signers, and shall print at the top of each blank a clarification of the proposed measure as such description will appear on the election together with the names and residences of the first ten signers. All initiative petitions, with the first ten signatures fastened, shall be filed with the secretary of the commonwealth not earlier than the first Wednesday of the September earlier the assembling of the full general court into which they are to be introduced, and the remainder of the required signatures shall exist filed non afterward than the beginning Wednesday of the following December.][ane]
Section 4. Manual to the General Courtroom
If an initiative petition, signed by the required number of qualified voters, has been filed as aforesaid, the secretary of the republic shall, upon the assembling of the general courtroom, transmit information technology to the clerk of the house of representatives, and the proposed measure shall then be deemed to be introduced and pending.[i]
Iii. Legislative Action. Full general Provisions
Department 1. Reference to Committee
If a mensurate is introduced into the general court by initiative petition, it shall exist referred to a committee thereof, and the petitioners and all parties in interest shall be heard, and the measure shall exist considered and reported upon to the full general court with the committee's recommendations, and the reasons therefor, in writing. Majority and minority reports shall be signed by the members of said committee.[i]
Section 2. Legislative Substitutes
The general court may, by resolution passed by yea and nay vote, either by the 2 houses separately, or in the case of a ramble amendment by a bulk of those voting thereon in joint session in each of two years every bit hereinafter provided, submit to the people a substitute for whatsoever measure introduced past initiative petition, such substitute to be designated on the ballot as the legislative substitute for such an initiative measure and to be grouped with it every bit an alternative therefor.[i]
Iv. Legislative Action on Proposed Ramble Amendments
[Section ane. Definition)]
[A proposal for amendment to the constitution introduced into the general court by initiative petition shall be designated an initiative amendment, and an amendment introduced by a member of either business firm shall be designated a legislative substitute or a legislative subpoena.][1]
Department ii. Articulation Session
Note: Section ii was superseded past Section i of Amendments, Art. LXXXI.
[If a proposal for a specific amendment of the constitution is introduced into the general court past initiative petition signed by not less than twenty-v thousand qualified voters, or if in case of a proposal for amendment introduced into the general courtroom by a member of either house, consideration thereof in joint session is chosen for by vote of either house, such proposal shall, not after than the 2d Wednesday in June, be laid before a joint session of the two houses, at which the president of the senate shall preside; and if the two houses fail to agree upon a time for holding any articulation session hereby required, or neglect to continue the aforementioned from time to fourth dimension until final activity has been taken upon all amendments awaiting, the governor shall telephone call such joint session or continuance thereof.][1]
Section 3. Subpoena of Proposed Amendments
A proposal for an subpoena to the constitution introduced by initiative petition shall be voted upon in the form in which it was introduced, unless such amendment is amended by vote of three-fourths of the members voting thereon in joint session, which vote shall exist taken past call of the yeas and nays if called for past whatsoever member.[ane]
Department 4. Legislative Action
Final legislative action in the joint session upon any amendment shall be taken just by telephone call of the yeas and nays, which shall exist entered upon the journals of the two houses; and an unfavorable vote at any stage preceding final activeness shall be verified by call of the yeas and nays, to be entered in like manner. At such joint session a legislative amendment receiving the affirmative votes of a majority of all the members elected, or an initiative amendment receiving the affirmative votes of not less than one-fourth of all the members elected, shall be referred to the next general court.[1]
Section v. Submission to the People
If in the side by side general court a legislative amendment shall over again be agreed to in joint session by a majority of all the members elected, or if an initiative amendment or a legislative substitute shall again receive the affirmative votes of a to the lowest degree one-fourth of all the members elected, such fact shall be certified by the clerk of such joint session to the secretary of the commonwealth, who shall submit the amendment to the people at the side by side state election. Such amendment shall become part of the constitution if approved, in the instance of a legislative subpoena, by a majority of the voters voting thereon, or if approved, in the example of an initiative amendment or a legislative substitute, by voters equal in number to at least thirty per cent of the full number of ballots cast at such state election and also by a majority of the voters voting on such amendment.[1]
V: Legislative Action on Proposed Laws
[Department 1. Legislative Process]
Annotation: Department 1 was superseded by Section 2 of Amendments, Art. LXXXI.
[If an initiative petition for a law is introduced into the full general courtroom, signed by not less than twenty thousand qualified voters, a vote shall be taken by yeas and nays in both houses before the offset Wednesday of June upon the enactment of such police in the course in which it stands in such petition. If the general court fails to enact such law earlier the first Wednesday of June, and if such petition is completed by filing with the secretary of the commonwealth, not before than the showtime Wednesday of the following July nor afterwards than the beginning Wednesday of the following August, not less than five m signatures of qualified voters, in addition to those signing such initiative petition, which signatures must accept been obtained after the first Wednesday of June aforesaid, then the secretarial assistant of the commonwealth shall submit such proposed police to the people at the next state ballot. If it shall be approved by voters equal in number to at least thirty per cent of the total number of ballots cast at such land election and also past a majority of the voters voting on such police force, it shall go law, and shall take effect in thirty days afterward such state election or at such fourth dimension after such election every bit may exist provided in such police force.][1]
[Section two. Amendment by Petitioners]
Note: Section 2 was superseded by Section 3 of Amendments, Art. LXXXI.
[If the general court fails to pass a proposed law earlier the first Wednesday of June, a majority of the first ten signers of the initiative petition therefor shall take the right, subject to certification by the attorney-general filed every bit hereinafter provided, to better the measure which is the subject of such petition. An subpoena then made shall not invalidate any signature fastened to the petition. If the measure and then amended, signed past a majority of the first 10 signers, is filed with the secretary of the commonwealth before the commencement Wednesday of the post-obit July, together with a certificate signed past the attorney-full general to the consequence that the amendment made by such proposers is in his opinion perfecting in its nature and does not materially modify the substance of the mensurate, and if such petition is completed past filing with the secretary of the commonwealth, non earlier than the first Midweek of the following July nor later than the first Wednesday of the following August, not less than v 1000 signatures of qualified voters, in addition to those signing such initiative petition, which signatures must have been obtained after the first Wednesday of June aforesaid, then the secretary of the republic shall submit the measure to the people in its amended form.][i]
VI. Alien and Culling Measures
If in any judicial proceeding, provisions of constitutional amendments or of laws approved by the people at the same ballot are held to be in conflict, then the provisions independent in the measure that received the largest number of affirmative votes at such ballot shall govern.
A constitutional amendment canonical at any ballot shall govern any law canonical at the same election.
The general court, by resolution passed as hereinbefore set along, may provide for group and designating upon the ballot as conflicting measures or every bit alternative measures, only one of which is to be adopted, any two or more proposed ramble amendments or laws which have been or may be passed or qualified for submission to the people at any one election: provided, that a proposed constitutional amendment and a proposed law shall non be so grouped, and that the election shall beget an opportunity to the voter to vote for each of the measures or for just one of the measures, every bit may be provided in said resolution, or against each of the measures so grouped as conflicting or as alternative. In case more than than one of the measures and so grouped shall receive the vote required for its approval as herein provided, only that i for which the largest affirmative vote was cast shall exist deemed to be approved.[1]
The Referendum
I. When Statutes shall take Outcome
No law passed past the general court shall have event earlier than ninety days later on it has become a law, excepting laws declared to exist emergency laws and laws which may not be made the field of study of a referendum petition, equally herein provided.[one]
Two. Emergency Measures
A law declared to exist an emergency police force shall incorporate a preamble setting along the facts constituting the emergency, and shall comprise the statement that such law is necessary for the immediate preservation of the public peace, health, rubber or convenience. [A split vote shall be taken on the preamble by call of the yeas and nays, which shall be recorded, and unless the preamble is adopted by 2-thirds of the members of each house voting thereon, the law shall not be an emergency law; but] if the governor, at any time before the election at which it is to exist submitted to the people on referendum, files with the secretary of the republic a statement declaring that in his opinion the firsthand preservation of the public peace, health, safety or convenience requires that such constabulary should take effect forthwith and that it is an emergency law and setting forth the facts constituting the emergency, then such police force, if not previously suspended equally hereinafter provided, shall accept effect without pause, or if such law has been and then suspended such suspension shall thereupon terminate and such law shall thereupon have result: but no grant of whatsoever franchise or subpoena thereof, or renewal or extension thereof for more than than one year shall be alleged to be an emergency law.[1]
III. Plebiscite Petitions
Department one. Contents. - A referendum petition may ask for a plebiscite to the people upon any law enacted by the general court which is not herein expressly excluded.[1]
Department 2. Excluded Matters. - No law that relates to religion, religious practices or religious institutions; or to the appointment, qualification, tenure, removal or compensation of judges; or to the powers, creation or abolitionism of courts; or the operation of which is restricted to a particular town, urban center or other political division or to detail districts or localities of the commonwealth; or that appropriates money for the current or ordinary expenses of the commonwealth or for any of its departments, boards, commissions or institutions shall exist the bailiwick of a referendum petition.[1]
Section 3. Fashion of Petitioning for the Suspension of a Law and a Plebiscite Thereon. - A petition request for a plebiscite on a law, and requesting that the operation of such law be suspended, shall beginning be signed past ten qualified voters and shall then be filed with the secretary of the commonwealth not subsequently than thirty days after the law that is the subject of the petition has become constabulary. [The secretary of the commonwealth shall provide blanks for the apply of subsequent signers, and shall print at the top of each blank a description of the proposed law as such clarification will announced on the ballot together with the names and residences of the offset x signers. If such petition is completed by filing with the secretary of the commonwealth not later than ninety days after the police which is the subject of the petition has become law the signatures of not less than fifteen yard qualified voters of the commonwealth, then the performance of such law shall exist suspended, and the secretary of the commonwealth shall submit such law to the people at the side by side country election, if thirty days intervene betwixt the date when such petition is filed with the secretarial assistant of the commonwealth and the date for holding such state election; if thirty days do not and so arbitrate, and then such law shall exist submitted to the people at the adjacent following land election, unless in the meantime information technology shall accept been repealed; and if it shall be approved by a majority of the qualified voters voting thereon, such law shall, subject area to the provisions of the constitution, have effect in xxx days later such ballot, or at such time after such ballot as may exist provided in such law; if not so approved such law shall be zilch and void; but no such police force shall be held to be disapproved if the negative vote is less than xxx per cent of the full number of ballots cast at such country election.[1]
Note: Department 4 was superseded by Section iii of Amendments, Art. LXXIV and Section 5 of Amendments, Fine art. LXXXI.
Department 4. Petitions for Referendum on an Emergency Police or a Police force the Suspension of Which is Not Asked for. - [A referendum petition may enquire for the repeal of an emergency law or of a constabulary which takes effect considering the plebiscite petition does not contain a request for suspension, as aforesaid. Such petition shall showtime exist signed by ten qualified voters of the commonwealth, and shall then be filed with the secretary of the commonwealth not subsequently than 30 days after the law which is the bailiwick of the petition has become law. [The secretary of the commonwealth shall provide blanks for the use of subsequent signers, and shall impress at the top of each blank a description of the proposed law as such description volition appear on the election together with the names and residences of the start ten signers. If such petition filed as aforesaid is completed by filing with the secretary of the commonwealth not after than ninety days after the law which is the subject of the petition has become law the signatures of not less than ten chiliad qualified voters of the democracy protesting confronting such law and asking for a plebiscite thereon, then the secretary of the commonwealth shall submit such law to the people at the adjacent country election, if thirty days intervene betwixt the date when such petition is filed with the secretary of the republic and the date for holding such state election. If thirty days do not so arbitrate, and so it shall exist submitted to the people at the side by side post-obit state election, unless in the meantime information technology shall take been repealed; and if it shall not exist approved by a bulk of the qualified voters voting thereon, information technology shall, at the expiration of thirty days later on such election, exist thereby repealed; but no such law shall exist held to be disapproved if the negative vote is less than thirty per cent of the total number of ballots bandage at such state ballot.][1]
General Provisions
I. Identification and Certification of Signatures
Provision shall be fabricated past police for the proper identification and certification of signatures to the petitions hereinbefore referred to, and for penalties for signing any such petition, or refusing to sign information technology, for money or other valuable consideration, and for the forgery of signatures thereto. Awaiting the passage of such legislation all provisions of police relating to the identification and certification of signatures to petitions for the nomination of candidates for state offices or to penalties for the forgery of such signatures shall use to the signatures to the petitions herein referred to. The general court may provide by law that no co-partnership or corporation shall undertake for hire or reward to circulate petitions, may require individuals who broadcast petitions for hire or reward to be licensed, and may brand other reasonable regulations to foreclose abuses arising from the circulation of petitions for hire or reward.[i]
II. Limitation on Signatures
Not more than one-quaternary of the certified signatures on any petition shall exist those of registered voters of whatever one county.[ane]
III. Form of Election
Each proposed subpoena to the constitution, and each law submitted to the people, shall be described on the ballots by a description to exist adamant by the attorney-general, subject to such provision as may be made by law, and the secretary of the democracy shall give each question a number and cause such question, except as otherwise authorized herein, to be printed on the ballot in the post-obit form:-
In the case of an amendment to the constitution: Shall an amendment to the constitution (here insert description, and state, in distinctive blazon, whether approved or disapproved by the general court, and past what vote thereon) exist approved?
In the case of a law: Shall a law (here insert description, and state, in distinctive type, whether approved or disapproved by the general court, and past what vote thereon) exist approved?[1]
IV. Information for Voters
[Subheading 4 superseded by Amendments, Fine art. CVIII.
[The secretary of the democracy shall cause to exist printed and sent to each registered voter in the democracy the total text of every measure to exist submitted to the people, together with a copy of the legislative committee'southward bulk and minority reports, if there be such, with the names of the bulk and minority members thereon, a statement of the votes of the general court on the mensurate, and a clarification of the measure every bit such description will appear on the ballot; and shall, in such manner equally may be provided past law, cause to be prepared and sent to the voters other data and arguments for and confronting the measure.'][1]
Five. The Veto Ability of the Governor
The veto power of the governor shall not extend to measures canonical by the people.[1]
VI. The General Court's Ability of Repeal
Field of study to the veto ability of the governor and to the correct of referendum past petition as herein provided, the general courtroom may amend or repeal a law approved by the people.[1]
Seven. Amendment Alleged to be Self-executing
This article of amendment to the constitution is self-executing, but legislation non inconsistent with annihilation herein contained may be enacted to facilitate the operation of its provisions.[1]
8. Manufactures Ix and XLII of Amendments of the Constitution Annulled
Article IX and Article XLII of the amendments of the constitution are hereby annulled.[1]
Come across likewise
- State constitution
- Ramble commodity
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Amendments
- Initiated constitutional subpoena
- Legislatively-referred constitutional subpoena
- Publication requirements for proposed country constitutional amendments
- Rules most constitutional conventions in state constitutions
- State constitutional articles governing state legislatures
External links
- Massachusetts State Legislature, "Constitution of the Republic of Massachusetts"
Additional reading
- The Heritage Foundation, "Massachusetts Constitution"
- Social Constabulary Library Inquiry Quango, "Timeline of the Massachusetts Constitution of 1780"
Footnotes
- ↑ 1.00 i.01 1.02 one.03 1.04 1.05 i.06 1.07 1.08 ane.09 1.10 1.11 1.12 1.13 i.fourteen one.fifteen 1.16 1.17 1.18 1.19 ane.20 1.21 one.22 i.23 1.24 1.25 one.26 1.27 1.28 Massachusetts State Legislature, "Constitution of the Commonwealth of Massachusetts," accessed March 28, 2014
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Source: https://ballotpedia.org/Article_XLVIII,_Amendments_to_the_Massachusetts_Constitution
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