Iowa, USA, regional Obligatory referendum [LOR] - Amendment

General Typology

Instrument
Obligatory referendum [LOR]
Location
Iowa, USA
Political level
regional
Local Name:
Amendment
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Iowa Constitution, Article X, Sections 1 & 3
How proposed submission. SECTION 1. Any amendment or amendments to this constitution may be proposed in either house of the general assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election, and shall be published, as provided by law, for three months previous to the time of making such choice; and if, in the general assembly so next chosen as aforesaid, such proposed amendment or amendments shall be agreed to, by a majority of all the members elected to each house, then it shall be the duty of the general assembly to submit such proposed amendment or amendments to the people, in such manner, and at such time as the general assembly shall provide; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the general assembly, voting thereon, such amendment or amendments shall become a part of the constitution of this state.

Section 3
[...] if the people shall approve and ratify such amendment or amendments [proposed by the constitutional convention], by a majority of the electors qualified to vote for members of the general assembly, voting thereon, such amendment or amendments shall become a part of the constitution of this state. [...]

References: Constitution of Iowa, (last amended 1998) (retrieved 13 June 2017)

Subject Matter:

Proposing amendments to the constitution via legislative referral or constitutional convention

Actors

Author:
Authority : Proposed amendment(s) may be proposed by: 1) constitutional convention 2) or in either house of legislature but must be passed in both houses for two consecutive legislative sessions with an election in between.
Initiator:
Law : Constitution
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Legal source does not mention specific approval quorum
Geographical Quorum:
Legal source does not mentino geographical quorum
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:

49.44 Summary.
1. When a proposed constitutional amendment or other public measure to be decided by the voters of the entire state is to be voted upon, the state commissioner shall prepare a written summary of the amendment or measure including the number of the amendment or statewide public measure assigned by the state commissioner. The summary shall be printed immediately preceding the text of the proposed amendment or measure on the paper ballot [...]

Source: 2017 Iowa Code

Interaction With Authorities:

The legislature may call for a special election. The governor must issue a proclamation of the date of the election at least 60 days in advance of it.

49A.10 Action to test legality
Whenever an amendment to the Constitution of the State of Iowa shall have been proposed and agreed to by the general assembly and shall have been agreed to by the succeeding general assembly, any taxpayer may file suit in equity in the district court at the seat of government of the state, challenging the validity, legality, or constitutionality of such amendment [...]

Source: 2017 Code of Iowa, 49A.5; 49A.7; 49A.10

Supervision And Support:

49A.1 Publication of proposed amendment
Whenever any proposition to amend the Constitution has passed the general assembly and been referred to the next succeeding legislature, the state commissioner of elections shall cause the same to be published, once each month, in two newspapers of general circulation in each congressional district of the state, for the time required by the Constitution [(3 months if referred by legislature; does not specify time if referred by constitutional convention)].

Sources: 2013 Code of Iowa, 1857 Constitution of the State of Iowa (current through 2016 general election)

Transparency And Finance:

49A.9 Expenses
Expenses incurred under the provisions of this chapter shall be audited and allowed by the director of the department of administrative services and paid out of any money in the state treasury not otherwise appropriated.

Source: 2017 Code of Iowa

Practice

Archive:
Remarks: