Bill > S0095

This joint resolution proposes two constitutional amendments to establish an initiative and referendum process in South Carolina, allowing citizens to directly propose and vote on laws and constitutional amendments. The first amendment to Article III would create a procedure where qualified voters can petition to enact or repeal general laws by collecting signatures from at least 12% of voters who participated in the last gubernatorial election over a twelve-month period. The proposed initiative must include a full text of the proposed law, and the State Election Commission will review the measure for compliance, drafting, and fiscal impact. If the General Assembly does not act on the initiative, it will be placed on the ballot for voters to approve or reject by majority vote. The amendment includes restrictions on what can be proposed through initiative, such as prohibiting measures that create courts, designate specific individuals to public office, or require significant state expenditures without providing funding. The second amendment to Article XVI would establish a similar process specifically for proposing constitutional amendments, requiring signatures from 15% of gubernatorial voters and imposing additional restrictions, such as preventing changes to the Declaration of Rights or retirement system provisions. Both amendments would be submitted to voters at the next general election, with ballots providing detailed explanations of the proposed changes and allowing voters to choose whether to approve or reject the new initiative and referendum process.