Bill > SCR60

Introduced Session

This concurrent resolution proposes to amend the State Constitution to provide the people of the State with the power of indirect initiative and referendum.This constitutional amendment provides the people with the ability to propose to the Legislature a constitutional amendment or new law and to place before the Legislature the question of the continuance in force of any existing law. The Legislature (and the Governor, in the case of a proposal to enact or repeal a law) are to respond to such a proposal within two months; otherwise, the people are to have the power to adopt or enact the proposed constitutional amendment or new law, or to reject the existing law, at the polls. The power of initiative and referendum is not to include the power to propose constitutional amendments or laws to require or prohibit the siting of any facility in a specific county or class of counties, or in a specific municipality or class of municipalities.To qualify a constitutional amendment for submission to the Legislature, the petition which proposes it must contain a number of signatures equal to at least 10% of the number of votes cast for the office of Governor in the State in the gubernatorial election preceding certification of the petition for circulation. To qualify a law of enactment or repeal, proposed by an initiative petition or referendum petition, respectively, for submission to the Legislature, the petition which proposes it must contain a number of signatures equal to at least 6% of the number of votes cast for the office of Governor in the State in the gubernatorial election preceding certification of the petition for circulation. These signature requirements would apply regionally as well as Statewide: the petition must include signatures from five counties in the northeastern region of the State (the counties of Bergen, Essex, Hudson, Passaic, and Union), five counties in the northwestern region of the State (the counties of Hunterdon, Morris, Somerset, Sussex, and Warren), five counties in the central region of the State (the counties of Burlington, Mercer, Middlesex, Monmouth, and Ocean), and six counties in the southern region of the State (the counties of Atlantic, Camden, Cape May, Cumberland, Gloucester, and Salem), equal in number to at least 10% or 6%, as appropriate, of the votes cast for the office of Governor in that preceding gubernatorial election within those regions. A limit on the time allowed for collecting the required number of signatures may be established by law but shall not be less than one year.Before a petition could be submitted to the Legislature, it is to be filed with the Secretary of State, who is to have 60 days to determine whether the petition was signed by sufficient numbers of registered voters. The Secretary of State is authorized to make this determination on the basis of a sample of the signatures to the petition chosen in accordance with appropriate random sampling techniques. If not found within the 60-day period to have been signed by insufficient numbers of registered voters, the petition could be submitted to the Legislature.Once a constitutional amendment or law of enactment proposed by initiative petition or a law of repeal proposed by referendum petition is submitted to the Legislature, the Legislature (and the Governor, in the case of a proposal to enact or repeal a law) would have such period of time as shall be established by law, but not exceeding two months, in which to propose a substantially similar constitutional amendment, enact a substantially similar law of enactment, or enact the repeal, as appropriate. In the absence of such timely response, the proposed constitutional amendment or law of enactment or repeal is to be submitted to the people.The constitutional amendment provides that, prior to the submission to the voters of a proposed law or repealer, any party may seek a declaratory judgment from the New Jersey Supreme Court that the law or repealer violates the federal Constitution or law or would be invalid under the State Constitution.If a constitutional amendment or law proposed by initiative petition and submitted to the people is not approved, or a law whose continuance is the subject of a public question submitted to the people in a referendum is not rejected, then neither that amendment, law or public question, nor one to effect the same or substantially the same change, may be submitted to the people for approval or rejection, as appropriate, before the second general election thereafter. If a law proposed by initiative petition is enacted by the people or a law in response to such a petition is enacted by the Legislature and the Governor, or if an existing law which is the subject of a referendum petition is repealed by the people or the Legislature and the Governor, any revision or repeal of the law so enacted, or reenactment of the law so repealed, would require a three-fourths vote in each House of the Legislature during the first two years following that enactment or repeal or a three-fifths vote in each House during the three years following that two-year period.The constitutional amendment provides that no law proposed by an initiative or referendum petition and approved by the people shall be subject to the veto power of the Governor. It also states that if conflicting constitutional amendments or laws proposed by the initiative process are approved by the people at the same election, the one receiving the highest number of affirmative votes is to be deemed approved.

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Declan O'Scanlon (R)*, 

Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee (on 01/09/2024)

Official Document