Constitutional Convention Review

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Constitutional Convention Review
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1970 Constitution Provides Three Paths for
Revision

• Amendments submitted to the electorate by the
  General Assembly (three-fifths vote)
• Amendments initiated by electorate
  petition-Legislative Article only
• Constitutional Convention

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Constitutional Convention-Process

• General Assembly must vote with three-fifths
  majorities to put the question of calling a
  Constitutional Convention to the voters.
• If the question is not put to voters for a period
  of 20 years, the Secretary of State must submit
  the question to voters at the general election in
  the 20th year.
• The question was last put to voters in 1988,
  making 2008 the 20th year.

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The Voters Decision

• Convention called if majority of those voting in
  the election support the call or three-fifths of
  those voting on the question.
• In 1988, the call was defeated 3-1.

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Constitutional Convention-Process
Voters Approve Convention

• Next General Assembly
• Passes law setting up procedure for electing two
  delegates from each Senate District provides
• schedule, expenses
• 1988 cost estimate 31 million

• Delegate Election
• Requirements same as for G.A.
• 3 months maximum

First Meeting of the Delegates No time limit on
deliberations delegates may consider
any revisions revisions receiving majority of
vote of delegates submitted to the voters.
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Constitutional Convention-Process (continued)

• Delegate Deliberations Conclude
• 2 months minimum, 6 months maximum

• Proposed Revisions Put to Voters
• Convention may designate existing election or
  call for special election.
• Publication is only required one month before
  election

Voters Decision Majority of those voting on the
question necessary for adoption.
Revisions Take Effect Convention sets effective
date, other procedural issues.
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If a Constitutional Convention is called, what
issues should business fear?

• Income Tax flat tax replaced by graduated tax
  85 ratio
• Local Taxes current limitations on
  municipalities removed
• Education Funding principle vs.
  preponderance large funding increases without
  reforms
• Initiative and Referendum citizens allowed
  direct vote on legislation
• Environmental Issues Expansion of Article XI

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What issues might business support?

• Legislative Redistricting a non-partisan system
  for drawing legislative boundaries
• Budget Reforms eliminate public pension
  guarantee reduce practice of pushing one years
  bills into the next fiscal year restrictions on
  borrowing
• Non-Economic Damage Caps
• Judicial Article merit selection of judges
  Supreme Court redistricting
• Limit Executive Authority Recall provision
  Ruling by Decree

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The Big Questions?

• Can the business community realistically expect
  to defeat the bad ideas and win preferred
  reforms?
• Are potential gains worth the risk?

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Current Activity

• Opposed Farm Bureau, IEA. In Favor Lt.
  Governor, School Boards. Others assessing
• Whalen/Kaszak meetings
• For the Chamber Position? Priority? Program?

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Constitutional Convention Review