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Model State Constitution, 1 Jan 2001

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  • Demorep1@aol.com
    Model State Constitution, 1 Jan 2001 by Demorep1@aol.com The chaos in the State governments is especially due to-- 1. no or very difficult petitions for
    Message 1 of 1 , Jan 1, 2001
      Model State Constitution, 1 Jan 2001
      by Demorep1@...

      The chaos in the State governments is especially due to--

      1. no or very difficult petitions for constitution amendments, laws, law
      referendums and recall elections;
      2. having ANTI-DEMOCRATIC indirect minority rule gerrymanders for electing
      EVERY house of EVERY State legislature (circa 25-30 percent indirect minority
      rule - a plurality of the votes in a bare majority of the districts)
      (compounded by plurality (extremist) primary winners in 40 States and top 2
      runoff primaries in 10 States);
      3. partisan elections for many executive and judicial officers (producing
      partisan enforcement of the laws);
      4. many overlapping local governments; and
      5. governor vetoes (producing de facto monarchs).
      -----
      Major Reforms-

      1. petitions for constitution amendments, laws, law referendums (1-3) and
      recall elections (1-12);
      2. proportional representation (indirect majority rule and minority
      representation) in legislative bodies (1-8, 1-9),
      3. nonpartisan elections for executive and judicial officers (1-6, 1-10);
      4. cities as the only local governments (5-1) and
      5. abolish governor vetoes, primaries and special elections.

      [brackets] = fill the item or optional language
      [State Name] in title and 6-1(b)
      Note- Bill of rights language would be put in the various Articles.
      ---------------------------
      [Year] [State Name] Constitution

      Article 1 Elections

      Sec. 1. An election shall only be held between [7] A.M. and [8] P.M. [local
      time] on [____] of each year (except for recall elections).

      Sec. 2. (a) Each state Citizen who is or will be [18] or more years old on an
      election day and has registered to vote in his/her precinct of residence at
      least [4] weeks before an election shall be an Elector [(except those
      lawfully convicted and in jail)] and as a Voter to vote by secret [or public]
      ballot in person or by mail [or electronic] ballot in any election in such
      precinct.
      (b) Each such Citizen not having a residence in the state shall be registered
      in the state capitol.
      (c) Each Elector petition signature form shall be on [3 inch by 5 inch forms]
      and verified within [4] weeks after being filed.
      [(d) If a Voter votes by public ballot, then he/she may change his/her vote
      for members of legislative bodies (and change voting powers but not affect
      who was elected).]
      [(e) If a Voter did not vote in the last election, then he/she may vote for
      members of legislative bodies (and change voting powers).]
      [(f)] If a new area becomes a part of the state, then the registered Electors
      in the area [8] weeks after the area becomes a part of the state shall be
      deemed to have voted in the last election [in an even numbered year].

      Sec. 3. (a) A petition for a Constitution amendment or a law may be signed
      within [2] years by registered Electors equal in number respectively to [10]
      or [8] percent of the number of Voters at the last state election [in an even
      numbered year].
      (b) A petition for a referendum on a law enacted by the legislature may be
      signed within [16] weeks after the law is enacted by registered Electors
      equal in number to [5] percent of the number of Voters at the last state
      election [in an even numbered year].
      (c) The full text (including any new language and existing language to be
      amended or repealed) shall be filed and be given a number before it is
      circulated.
      (d) Full text form- (CONSTITUTION AMENDMENT) (LAW) (LAW REFERENDUM) PETITION
      (NUMBER)
      (Full text)
      (mailing address of sponsor)
      (e) Elector signature form- (CONSTITUTION AMENDMENT) (LAW) (LAW REFERENDUM)
      PETITION (NUMBER)
      I petition for such (Constitution amendment) (law) (law referendum).
      (Signature, Printed Name and Address and Date Signed)
      (mailing address of sponsor)
      (f) A petition for a Constitution amendment (law) (including any new language
      and existing language to be amended or repealed) may be signed by
      Representatives having a [two thirds] (majority) vote of the Legislature.
      (g) The full text of a valid Elector (Legislature) petition shall be
      submitted, at least [12] ([26]) weeks after it was filed, to the Voters at the
      next election.
      (h) If a majority of the Voters voting on a petition approve it, then it
      shall take effect [at noon] on [January 1] after the election.
      (i) If 2 or more Constitution amendment (law or law referendum) petitions
      approved at the same election conflict, then the petition receiving the
      highest affirmative vote shall prevail.
      (j) A law approved by the Voters may only be amended or repealed by the
      Voters but the Legislature may propose to amend or repeal the law.
      (k) This section shall apply to city Electors, Voters, Councils and
      ordinances.

      Sec. 4. (a) A petition to divide and/or merge a city, in whole or part, with
      another city may be signed within [2] years by registered Electors in each
      city involved equal in number to [10] percent of the number of Voters in each
      city at the last state election [in an even numbered year].
      (b) The full text (including the names, boundaries, assets and liabilities of
      each proposed city) shall be filed and be given a number before it is
      circulated.
      (c) Full text form- CITY (DIVISION) (AND) (MERGER) PETITION (NUMBER)
      (Full text).
      (mailing address of sponsor)
      (d) Elector signature form- CITY (DIVISION) (AND) (MERGER) PETITION (NUMBER)
      I petition for such (division) (and) (merger).
      (Signature, Printed Name and Address and Date Signed)
      (mailing address of sponsor)
      (e) The full text of a valid petition shall be submitted, at least [12] weeks
      after being filed, to the Voters at the next election.
      (f) If a majority of the Voters voting on a petition in each city approve it,
      then it shall take effect when new city officers take office.
      (g) If 2 or more petitions at the same election are approved and conflict,
      then the petition receiving the highest affirmative vote shall prevail.

      Sec. 5. (a) All election areas shall exist at least [36] weeks before the
      election involved.
      (b) Each person holding an elective office shall be a registered Elector
      within the election area involved.
      (c) A law or ordinance shall not have the effect of removing any person
      holding [an] [a named] elective office [in this Constitution] from office
      during his/her term.

      Sec. 6. (a) The following legislative officers shall be elected by the Voters
      in each year for 1 year terms- [100] Representatives from [20] districts and
      [10, 15, 20 or 25] Councilors from [2, 3, 4 or 5] districts respectively in
      each city.
      (b) As nearly as possible, each district shall contain the number of Voters
      at the last [state] regular election [in an even numbered year] in the state
      or city divided by the number of districts and be square.
      (c) The following executive officers shall be elected by the Voters in each
      year for 1 year terms- a Governor and Vice Governor (jointly), State
      Attorney, State Clerk and State Treasurer in the state, 1 to [5] Sheriffs and
      1 to [5] District Attorneys in each District Court district [, other state
      executive officers provided by law], a Mayor and Vice Mayor (jointly), City
      Clerk and City Treasurer in each city [and other city executive officers
      provided by ordinance].
      (d) The following judicial officers shall be elected by the Voters in even
      numbered years- [3] Supreme Court Judges in the state for 6 year terms, 1 to
      [5] Appeals Court Judges in each Appeals Court district for 2, 4 or 6 year
      terms and 1 to [5] District Court Judges in each District Court district for
      2, 4 or 6 year terms.
      (e) Such (c) and (d) officers shall be nominated for and elected at
      nonpartisan elections.

      Sec. 7. (a) A nominating petition may be signed within [24] weeks by
      registered Electors in an election area equal in number to between [0.5] and
      [2] percent of the number of Voters in such area at the last [state] election
      [in an even numbered year].
      (b) It shall be filed at least [12] weeks before the election and shall not
      be withdrawn.
      (c) An Elector may sign 1 or more petitions for the same office.
      (d) Elector signature form- (NONPARTISAN) (PARTISAN) NOMINATING PETITION
      I nominate (candidate’s name and address) (of the (political party name)) for
      (office) in (election area) at the (date) election.
      (Signature, Printed Name and Address and Date Signed)
      (e) An incumbent whose term is to expire may become a candidate by filing an
      affidavit of candidacy provided by law (not less than [26] weeks prior to the
      election) which shall not be withdrawn.
      (f) On the ballots candidates may have a [0.4 inch by 0.4 inch] symbol next
      to their names; partisan candidates shall have their political party's name
      (of not more than [15] letters and spaces) next to their names and
      nonpartisan candidates shall have the word "Nonpartisan" next to their names.

      Sec. 8. [Voter vote tranfer option]
      (a) Each legislative body candidate shall get a list of all candidates in all
      districts at least [14] days prior to the election day.
      (b) Each candidate shall rank all the other candidates in all districts
      (using 1, 2, etc.) and file such list not later than [4] P.M. [7] days before
      the election day.
      (c) Lists shall be made public immediately at such deadline.
      (d) If a list is not filed, then the votes for the candidate shall not be
      counted.
      (e) Each Voter may vote for 1 candidate in his/her district.
      (f) Each party shall receive a number of members equal to the total members
      multiplied by the total votes for all of the party’s candidates in all
      districts and divided by the total votes for all candidates in all districts
      (with the highest fractions to receive any remaining members).
      Example- P-Party, V-Votes, TV-Total Votes, M-Members(20)

      P V 20xV/TV M

      A 765 2.55 2
      B 3184 10.61 11
      C 896 2.99 3
      D 1155 3.85 4

      6000 20.00 20

      (g) The candidates of each party (equal to the party’s members) getting the
      highest number of votes in all districts shall be elected.
      (h) Nonpartisan candidates shall be deemed to be in 1 party.
      (i) Each losing candidate shall have his/her votes transferred to the elected
      candidate highest on his/her rank order list.

      [OR- Candidate vote tranfer option]
      (a) A Voter may vote in a district for legislative body candidates on the
      ballots (plus 1 write-in vote) by voting “1”, “2” and so forth for his/her
      first, second and so forth choices.
      (b) If there are [5] or less candidates, then they shall be elected.
      (c) If there are more than [5] candidates (or remaining candidates), then the
      candidate having the lowest number of votes shall lose.
      (d) Each vote for a losing candidate shall transfer to the Voter’s next
      choice who is a remaining candidate (if any).
      (e) The 2 prior steps shall be repeated until [5] candidates remain who shall
      be elected.
      (f) Example-
      VP
      C1 21 = 21 + 1 = 22
      C2 20 = 20 + 5 = 25
      C3 15 = 15 + 3 = 18
      C4 12 + 5 = 17 = 17
      C5 12 + 1 = 13 - 13 = 0
      C6 11 + 3 = 14 + 2 = 16
      C7 9 - 9 = 0 = 0
      VNT 0 = 0 + 2 = 2
      ---------------------------
      T 100 100 100
      C7 Loses C5 Loses
      C = Candidate, VNT= Votes not transferred, T = Total, VP = Voting Power

      Sec. 9. (a) Each member (or his/her vacancy replacement) shall have a voting
      power in the legislative body and its committees, in person or by written
      proxy, equal to the number of votes that he/she finally receives [(subject to
      Article I, Section 2 changes)].
      (b) A fractional part of all members (majority, two thirds, etc.) shall mean
      the members whose combined voting powers equal or exceed such fractional part
      of the total voting powers of all members.
      (c) A majority of the total voting powers in a legislative body shall be
      required for any action unless a higher or lower fractional part is specified
      in this Constitution.

      Sec. 10. (a) A Voter may vote for 1 or more executive or judicial office
      candidates on the ballots (plus 1 write-in vote for each position).
      (b) The candidate(s) receiving the highest number of votes shall be
      respectively elected for the longest terms.

      Sec. 11. The terms of office of all elective officers shall begin [at noon 1
      week] after the election involved.

      Sec. 12. (a) A petition for a recall election of a legislative body or an
      elective executive or judicial officer may be signed within [12] weeks (and
      during the term of office involved) by registered Electors in the election
      area involved equal in number to [25] percent of the number of Voters in such
      area at the last [state] election [in an even numbered year].
      (b) The full text shall be filed and be given a number before it is
      circulated. Any reason(s) for it shall not be reviewed.
      (c) Full text form- RECALL ELECTION PETITION (NUMBER)
      A recall election of (the name of the legislative body or the name and office
      of the officer) in (election area) should happen for the following reason(s)-
      (reason(s)).
      (mailing address of sponsor)
      (d) Elector signature form- RECALL ELECTION PETITION (NUMBER)
      I petition for such recall election.
      (Signature, Printed Name and Address of Elector and Date Signed)
      (mailing address of sponsor)
      (e) When a petition is filed the cost to verify it and hold a recall election
      shall be paid by its sponsor.
      (f) The full text of a valid petition shall be directly submitted to the
      Voters between [6] and [8] weeks after it is filed if the term of office
      involved continues beyond such recall election date.
      (g) If a majority of the Voters voting on a petition approve it, then the
      officer(s) shall be removed from office immediately.
      (h) Any removed officer shall not be elected or appointed to any state or
      city office for [1 year] after being removed.

      Sec. 13. (a) A legislative body candidate or member may file a written rank
      order list of persons to fill his/her vacancy, if any. The qualified person
      highest on the list shall fill the vacancy. The legislative body shall fill
      the vacancy if the preceding does not happen.
      (b) The inability of a Governor shall, on request of the Legislature or the
      Vice Governor, be immediately determined by the Supreme Court which shall
      determine if and when the inability ceases.
      (c) A Governor vacancy shall be filled by the Vice Governor.
      (d) The Governor shall fill a Vice Governor, State Attorney, State Clerk,
      State Treasurer, Sheriff or District Attorney vacancy [by and with the advice
      and consent of the Legislature].
      (e) The inability of a Mayor shall, on request of the Council or the Vice
      Mayor, be immediately determined by the District Court Judge(s) of the
      District Court district(s) containing the city who shall determine if and
      when the inability ceases.
      (f) A Mayor vacancy shall be filled by the Vice Mayor.
      (g) A Mayor shall fill a Vice Mayor, City Clerk or City Treasurer vacancy [by
      and with the advice and consent of the city Council involved].
      (h) The Supreme Court shall fill a Judge vacancy [by and with the advice and
      consent of the Legislature].
      (i) If an executive or judicial office vacancy occurs [26] or more weeks
      before an election which is not the regular election for the office, then the
      vacancy shall be filled at such election for the remaining term of office.

      Article 2 State Legislative Power

      Sec. 1. The state legislative power of the People, not retained by the
      People, to enact laws is in a Legislature having Representatives of the
      People.

      Sec. 2. (a) The Legislature shall meet when the terms of its members begin,
      may meet any time or in committees, in person, by written proxy or
      electronically, may choose its officers, may determine the rules of its
      proceedings, shall keep a journal of its proceedings and publish the same
      daily unless the public security otherwise requires, may punish a member for
      disorderly behavior and may, by a [two thirds] vote, expel a member.
      (b) Members shall not be questioned in any other place for any speech or
      other legislative activity in the legislative body.
      (c) The names and votes of the members voting on any question shall be
      entered in the journal by a [one fifth] vote.
      (d) All legislation shall be by bill containing the full text of the title or
      amended title, all new sections, amended sections and existing sections which
      are to be amended or repealed.
      (e) The names and votes of the members voting on the final passage of bills
      shall be ent
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