0001| HOUSE JOINT RESOLUTION 17
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| FRANK BIRD
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| A JOINT RESOLUTION
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0011| PROPOSING TO AMEND THE CONSTITUTION OF NEW MEXICO TO AUTHORIZE
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0012| AN INITIATIVE PROCESS FOR STATE LAWS OR CONSTITUTIONAL
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0013| AMENDMENTS.
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0014|
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0015| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. It is proposed to amend Article 4 of the
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0017| constitution of New Mexico by adding a new Section 43 to read:
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0018| "A. The people reserve the power of initiative to
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0019| amend the constitution and laws of New Mexico.
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0020| B. The initiative is the power of the people to
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0021| propose amendments to the constitution and laws of New Mexico
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0022| and to adopt or reject them. A constitutional amendment
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0023| proposed by initiative shall require a petition signed by a
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0024| number of qualified voters equaling not less than eight
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0025| percent of the votes cast for all candidates for governor at
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0001| the last gubernatorial election, and a statutory amendment
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0002| proposed by initiative shall require a petition signed by a
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0003| number of qualified voters equaling not less than five percent
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0004| of the votes cast for all candidates for governor at the last
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0005| gubernatorial election.
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0006| C. A petition for a statutory amendment, filed
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0007| with the secretary of state not less than ninety days before a
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0008| regular, special or extraordinary session of the legislature,
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0009| shall be submitted by the secretary of state to the
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0010| legislature for its consideration at the session. If the
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0011| initiative is enacted into law by the legislature, then the
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0012| law is effective upon signature by the governor, unless the
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0013| initiative provides for a later effective date. If the
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0014| initiative, as proposed, is not enacted into law, then it
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0015| shall be placed on the ballot pursuant to Subsection D of this
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0016| section. If the proposed initiative is amended and enacted
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0017| into law, then neither the proposed initiative nor the enacted
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0018| law shall be effective and both shall be placed on the ballot
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0019| pursuant to Subsection D of this section.
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0020| D. The question of whether to approve or reject a
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0021| petition for a constitutional amendment shall be submitted to
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0022| the voters by the secretary of state at the next general or
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0023| special statewide election called for that purpose occurring
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0024| not less than four months after the initial petition is filed
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0025| with the secretary of state. The question of whether to
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0001| approve or reject a statutory initiative required to be placed
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0002| on the ballot pursuant to Subsection C of this section shall
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0003| be submitted to the voters by the secretary of state at the
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0004| next general or special statewide election called for that
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0005| purpose occurring after the end of the legislative session
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0006| during which the initiative was considered. An initiative
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0007| approved by a majority of voters voting on the question shall
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0008| take effect the day after certification of the election
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0009| results by the state canvassing board, unless the amendment
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0010| provides for a later effective date; provided that if
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0011| provisions of two or more initiatives approved at the same
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0012| election conflict, those of the initiative receiving the
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0013| highest number of votes shall take effect.
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0014| E. No initiative shall direct appropriations,
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0015| create a public debt, provide for local or special laws or
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0016| embrace more than one subject.
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0017| F. A statutory initiative that has been approved
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0018| by the voters may only be amended or repealed by subsequent
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0019| action of the legislature with a two-thirds' vote of the
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0020| members elected to each house.
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0021| G. An initiative for a constitutional or statutory
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0022| amendment that has been rejected by the voters shall not be
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0023| placed on a ballot again pursuant to this section until a
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0024| minimum of two years has elapsed.
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0025| H. It is a felony for any person to sign any
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0001| petition with any name other than his own, or to sign his name
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0002| more than once for the same measure, or to sign a petition
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0003| when he is not a qualified elector.
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0004| I. The legislature shall enact laws necessary for
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0005| the effective exercise of the power hereby reserved."
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0006| Section 2. The amendment proposed by this resolution
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0007| shall be submitted to the people for their approval or
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0008| rejection at the next general election or at any special
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0009| election prior to that date which may be called for that
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0010| purpose.
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0011|
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