Bill Text: IA SJR8 | 2025-2026 | 91st General Assembly | Introduced


Bill Title: A joint resolution proposing an amendment to the Constitution of the State of Iowa relating to citizen initiatives to amend the Constitution of the State of Iowa.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced) 2025-02-26 - Subcommittee: Rozenboom, Schultz, and Winckler. S.J. 367. [SJR8 Detail]

Download: Iowa-2025-SJR8-Introduced.html
Senate Joint Resolution 8 - Introduced SENATE JOINT RESOLUTION 8 BY WINCKLER , CELSI , QUIRMBACH , DONAHUE , DOTZLER , WAHLS , BLAKE , ZIMMER , PETERSEN , and TRONE GARRIOTT SENA TE JOINT RESOLUTION A Joint Resolution proposing an amendment to the Constitution 1 of the State of Iowa relating to citizen initiatives to 2 amend the Constitution of the State of Iowa. 3 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1730XS (3) 91 ss/ns
S.J.R. 8 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 The Constitution of the State of Iowa is amended by adding 3 the following new sections to a new article: 4 ARTICLE ___. 5 INITIATIVES. 6 Section 1. Reservation of power to amend Constitution. The 7 people reserve the power to propose and enact or reject 8 amendments to this Constitution by initiative, independent of 9 the general assembly. 10 Sec. 2. Initiative petitions —— signatures required —— form 11 and procedure. An initiative petition proposing an amendment 12 to this Constitution shall be signed by a number of qualified 13 electors equal to ten percent of the total number of ballots 14 cast for governor in the last gubernatorial election, including 15 signatures from a number of qualified electors from at least 16 one-half of all counties in this state equal to five percent 17 of the total number of ballots cast for governor in the last 18 gubernatorial election in that county. The initiative petition 19 shall contain the full text of the proposed amendment to this 20 Constitution, and shall include the phrase “Amendment to the 21 Constitution of the State of Iowa Proposed by Initiative to be 22 Submitted Directly to the Electors” printed at the top. The 23 petition shall be submitted to the secretary of state, who 24 shall cause the initiative to be submitted to the electorate 25 at the next general election occurring at least one hundred 26 twenty-five days after the submission of the petition. Except 27 as provided in section 3 of this article, a constitutional 28 amendment proposed by initiative petition takes effect upon the 29 approval of the amendment by a majority of qualified electors 30 casting votes thereon. 31 An initiative petition proposing an amendment to this 32 Constitution may include an argument from the petitioner in 33 favor of the constitutional amendment, which shall not exceed 34 three hundred words. The general assembly, or the governor 35 -1- LSB 1730XS (3) 91 ss/ns 1/ 5
S.J.R. 8 if the general assembly is not in session, shall appoint a 1 person to prepare an argument in opposition to the proposed 2 constitutional amendment, which shall not exceed three hundred 3 words. The proposed constitutional amendment, together with 4 any arguments for or against the proposed constitutional 5 amendment, shall be published as provided in article X, section 6 1, of this Constitution prior to the election. 7 The signatures for an initiative petition proposing an 8 amendment to this Constitution may be obtained and presented 9 in separate parts, but each part shall contain a full and 10 correct copy of the title and the proposed amendment to this 11 Constitution. Each signer shall include the signer’s name, the 12 date, and the signer’s address. The secretary of state shall 13 determine the sufficiency of the signatures not later than one 14 hundred five days before the election. 15 The supreme court shall have original, exclusive 16 jurisdiction over all challenges made to petitions and 17 signatures under this section. A challenge to a petition 18 or signature must be filed not later than ninety-five days 19 before the election. The supreme court shall hear and rule 20 on a challenge made to a petition or signature not later than 21 eighty-five days before the election. If a ruling determining 22 the petition or signature to be insufficient is not issued at 23 least eighty-five days before the election, the petition and 24 signatures shall be presumed to be sufficient. 25 If a petition or signature is determined to be insufficient, 26 ten additional days shall be allowed for the filing of 27 additional signatures to the petition, if necessary. If 28 additional signatures are filed, the secretary of state shall 29 determine the sufficiency of those additional signatures not 30 later than sixty-five days before the election. Any challenge 31 to the additional signatures shall be filed not later than 32 fifty-five days before the election. The court shall hear and 33 rule on any challenges made to the additional signatures not 34 later than forty-five days before the election. If a ruling 35 -2- LSB 1730XS (3) 91 ss/ns 2/ 5
S.J.R. 8 determining the additional signatures to be insufficient is 1 not issued at least forty-five days before the election, the 2 petition and signatures shall be presumed to be sufficient. 3 Sec. 3. Limitations. An initiative proposing an amendment 4 to this Constitution shall not be used to authorize any 5 classification of property for the purpose of levying different 6 rates of taxation thereon, to authorize the levy of any single 7 tax on land or land values or land sites at a higher rate or 8 by a different rule than is or may be applied to improvements 9 thereon or to personal property, to grant or create a monopoly, 10 oligopoly, or cartel, to specify or determine a tax rate, or to 11 confer a commercial interest, commercial right, or commercial 12 license to any person or nonpublic entity that is not then 13 available to other similarly situated persons or nonpublic 14 entities. 15 If it appears to the secretary of state that an initiative 16 proposing an amendment to this Constitution violates this 17 section, the secretary of state shall prescribe two separate 18 questions to appear on the ballot. The first question shall 19 ask whether the petitioner shall be authorized to initiate 20 a constitutional amendment in violation of this section. 21 The second question shall be whether to adopt the proposed 22 constitutional amendment. A proposed constitutional amendment 23 in violation of this section shall take effect only upon the 24 approval of both questions by a majority of qualified electors 25 who cast votes thereon. 26 The supreme court shall have original, exclusive 27 jurisdiction in any action that relates to this section. 28 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 29 amendment to the Constitution of the State of Iowa is referred 30 to the general assembly to be chosen at the next general 31 election for members of the general assembly, and shall be 32 published as provided by law for three months previous to the 33 date of that election. 34 EXPLANATION 35 -3- LSB 1730XS (3) 91 ss/ns 3/ 5
S.J.R. 8 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This joint resolution proposes an amendment to the 3 Constitution of the State of Iowa relating to citizen 4 initiatives to amend the Constitution of the State of Iowa. 5 The amendment allows a petitioner who collects a number of 6 signatures from qualified electors equal to 10 percent of 7 the total number of ballots cast for governor in the last 8 gubernatorial election, including signatures from a number of 9 qualified electors from at least one-half of all counties in 10 this state equal to 5 percent of the total number of ballots 11 cast for governor in the last gubernatorial election in that 12 county, to submit the proposed constitutional amendment to 13 the secretary of state for submission to the electorate at a 14 general election. 15 The amendment allows a petitioner to include with a proposed 16 constitutional amendment an argument of no more than 300 17 words in support of a proposed constitutional amendment. The 18 amendment requires the general assembly, or the governor if 19 the general assembly is not in session, to appoint a person 20 to submit an argument of no more than 300 words in opposition 21 to the constitutional amendment. The amendment requires the 22 proposed constitutional amendment, along with the arguments 23 for and against the proposed constitutional amendment, to be 24 published in the same manner as a constitutional amendment 25 proposed by the general assembly. 26 For proposed constitutional amendments that violate certain 27 principles enumerated in the resolution’s amendment, the 28 resolution’s amendment requires electors to both approve the 29 right of the petitioner to propose the constitutional amendment 30 and to approve the proposed constitutional amendment. The 31 proposed constitutional amendment only takes effect upon the 32 approval of both questions by a majority of qualified electors 33 casting votes thereon. 34 The amendment grants the Iowa supreme court original 35 -4- LSB 1730XS (3) 91 ss/ns 4/ 5
S.J.R. 8 and exclusive jurisdiction over challenges to petitions 1 and signatures for constitutional amendments proposed by 2 initiative. The amendment creates a timeline for the challenge 3 of petitions and signatures, the resolution of such challenges, 4 and the curing of insufficient petitions. 5 The resolution, if adopted, would be published and then 6 referred to the next general assembly (92nd) for adoption, 7 before being submitted to the electorate for ratification. 8 -5- LSB 1730XS (3) 91 ss/ns 5/ 5
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