The present Constitution requires three
per cent, a figure which is lower than 18
of the 2I other states which permit refer-
enda.
Ten states require a five per cent re-
quirement, and six have ten per cent.
The others have six per cent.
Most of these figures are tied to the vote
in the preceding general election for a
state-wide official though not necessarily
the governor.
Committee Recommendation S&E-I pro-
vides that not more than one-half of the
required number of signatures can be regis-
tered voters of Baltimore City or of any
one county.
This is the same provision as is in the
present Constitution. The Committee be-
lieves it is a reasonable requirement and
would prevent the residents of one juris-
diction from attempting to employ the ref-
erendum, without regard to the rest of the
State.
Under the present Constitution, there is
no uncertainty about when an act peti-
tioned to referendum is to be submitted to
the voters.
The Committee noted, however, that a
number of proposals were introduced in
the Legislative Branch Committee which
made it possible that the legislature would
be meeting at times different from the
present.
In order to permit the petitioners a rea-
sonable time in which to present their case
to the voters, the Committee has recom-
mended a provision which would provide
that the election in which the question is
placed on the ballot cannot occur less than
four months after the law was enacted.
If the legislature continued meeting as
they do now, this of course would have no
effect. If the legislative session dates were
changed, it would still protect against the
possibility of a question appearing on the
ballot without sufficient public discussion
and debate.
This would also grant the right of refer-
endum in a meaningful manner, on the
legislation enacted in a special session that
occurs closer to an election.
The present Constitution provides that if
one-half of the required number of signa-
tures is submitted before June I, the legis-
lation stands suspended to give the peti-
tioners another thirty days to secure the |
balance of the required signatures. These
provisions under the present Constitution
could make available as little as twenty-
five days to an interested group of citizens
to secure the first half of their required
signatures.
Committee Recommendation S&E-I dis-
tinguishes between merely referring the
law and suspending the effect of the law.
Under the Committee recommendation
the petitioners have the full sixty days
available during which they may attain
signatures. If you will look at S&E-I, you
will note that there is no calendar date
there. It is all in terms of thirty or sixty
days after the date of enactment. They
have the sixty days regardless of when the
bill becomes effective.
The Committee was unable to anticipate
what recommendation would be made by
the Legislative Branch Committee, or what
the Convention action might be concerning
effective dates of law. Therefore, no date
can be mentioned in the recommendation,
even if the Committee had decided to do so.
I would like to point out that the Com-
mittee recommendation has the virtue of
being independent of the legislative provi-
sion. No group is placed at a disadvantage
in obtaining its signatures because the gov-
ernor delayed signing a bill.
The Committee considered the suspen-
sion of a law of greater importance than
merely referring the law, and has imposed
an additional petition requirement. To sus-
pend the effect of a law, the Committee
recommends that one-half of the required
number of signatures must be submitted
within thirty days after enactment.
If this requirement is met, then the ef-
fect of the law is suspended to permit the
petitioners the additional thirty days to
obtain the balance of the signatures.
The court in Tyler v. Secretary of State,
cited in the Committee Recommendation,
used the following language: "The exer-
cise of the right of referendum is drastic
in its effect. The very filing of a petition,
valid on its face, suspends the operation
of any of a large class of legislative en-
actments, and provides an interim in
which the evil designed to be corrected
by the law continue unabated, or in which
a need intended to be provided for may
continue unsatisfied."
The Committee agreed with the court on
the importance of the effect of suspending
a law. For this reason, it has imposed a |
