HF 764 – Publication procedures for constitutional amendments
HF 764 removes the constitutional amendment notification publishing duties from the Secretary of State and gives them to the Legislature. The bill still requires the Secretary of State to pay for the publishing. HF 764 keeps the newspaper publishing requirement and adds a requirement to publish proposed amendments on the Legislature’s website.
The House adopted an amendment that allows a challenge of the validity of an amendment if both the newspaper and website publications are not fulfilled. The bill lays out proof-of-publication requirements and strikes the requirement for the Governor to issue a proclamation before the election. Any proposed constitutional amendment that has been approved by two succeeding General Assemblies will go to a vote of the people in the next General Election.
Current law requires publishing proposed amendments in two newspapers of general circulation in each congressional district for the time required by the constitution by the Secretary of State. Last fall, the Secretary of State was derelict in his duties and neglected to publish two proposed amendments. This mistake reset the process for the strict scrutiny gun amendment and the line of succession amendments.
[4/27: 40-8 (No: Bolkcom, Dotzler, Giddens, Hogg, Mathis, Petersen, Quirmbach, J. Smith; Excused: Lykam, T. Taylor)]