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If in either case the majority of those voting pronounce in the affirmative, there shall be a new election of both councils for the purpose of undertaking the revision.
ART. 121. Partial revision may take place either by popular initiative or in the manner provided for the passage of federal laws.
The popular initiative shall consist of a petition of fifty thousand Swiss voters for the adoption of a new article or for the abrogation or amendment of specified articles of the constitution.
When several different subjects are proposed by popular initiative for revision or for adoption into the federal constitution, each one of them must be demanded by a separate initiative petition.
The initiative petition may be presented in general terms or as a completed proposal of amendment.
If the initiative petition is presented in general terms and the federal legislative bodies are in agreement with it, they shall draw up a project of partial revision in accordance with the sense of the petitioners, and shall submit it to the people and the cantons for acceptance or rejection. If, on the contrary, the Federal Assembly is not in agreement with the petition, the question of partial revision shall be submitted to a vote of the people, and if a majority of those voting pronounce in the affirmative, the Federal Assembly shall proceed with the revision in conformity with the popular decision.
If the petition is presented in the form of a completed project of amendment and the Federal Assembly is in agreement therewith, the project shall be submitted to the people and the cantons for acceptance or rejection. If the Federal Assembly is not in agreement with the project, it may prepare a project of its own, or recommend the rejection of the proposed amendment, and it may submit its own counter-project or its recommendation for rejection at the same time that the initiative petition is submitted to the vote of the people and cantons.
ART. 122. The details of procedure in cases of popular initiative and popular votes on amendments to the constitution shall be determined by federal law.
ART. 123. The amended federal constitution or the revised portion of it shall be in force when it has been adopted by a majority of Swiss citizens voting thereon and by a majority of the cantons.
In making up the majority of cantons the vote of a halfcanton shall be counted as half a vote.
The result of the popular vote in each canton shall be considered as the vote of the canton.
(COMMONWEALTH OF OREGON)
(JUNE 4, 1906)
Article IV of the Constitution of the State of Oregon shall be, and hereby is, amended by inserting the following section in said article IV after section 1, and before section 2, and it shall be designated in the Constitution as section la of article IV:
"SECTION la. The referendum may be demanded by the people against one or more items, sections, or parts of any act of the legislative assembly in the same manner in which such power may be exercised against a complete act. The filing of a referendum petition against one or more items, sections, or parts of an act shall not delay the remainder of that act from becoming operative. The initiative and referendum powers reserved to the people by this Constitution are hereby further reserved to the legal voters of every municipality and district, as to all local, special, and municipal legislation, of every character, in or for their respective municipalities and districts. The manner of exercising said powers shall be prescribed by general laws, except that cities and towns may provide for the manner of exercising the initiative and referendum powers as to their municipal legislation. Not more than ten per cent of the legal voters may be required to order the referendum nor more than fifteen per cent to propose any measure, by the initiative, in any city or town."
Sections 1 and 2 of article XVII of the Constitution of the State of Oregon shall be, and hereby are, amended to read as follows:
"SEC. 1. Any amendment or amendments to this Constitution may be proposed in either branch of the legislative assembly, and if the same shall be agreed to by a majority of all the members elected to each of the two houses, such proposed amendment or amendments shall, with the yeas and nays thereon, be entered in their journals and referred by the Secretary of State to the people for their approval or rejection at the next regular general election, except when the legislative assembly shall order a special election for that purpose. If a majority of the electors voting on any such amendment shall vote in favor thereof, it shall thereby become a part of this Constitution. The votes for and against such amendment or amendments, severally, whether proposed by the legislative assembly or by initiative petition, shall be canvassed by the Secretary of State in the presence of the Governor, and if it shall appear to the Governor that the majority of the votes cast at said election on said amendment or amendments, sever. ally, are cast in favor thereof, it shall be his duty forthwith after such canvass, by his proclamation, to declare the said amendment or amendments, severally, having received said majority of votes to have been adopted by the people of Oregon as part of the Constitution thereof, and the same shall be in effect as a part of the Constitution from the date of such proclamation. When two or more amendments shall be submitted in the manner aforesaid to the voters of this State, at the same election, they shall be so submitted that each amendment shall be voted on separately. No convention shall be called to amend or propose amendments to this Constitution, or to propose a new Constitution, unless the law providing for such convention shall first be approved by the people on a referendum vote at a regular general election. This article shall not be construed to impair the right of the people to amend this Constitution by vote upon an initiative petition therefor."
NOTE.—Nine states have in one form or another adopted the initiative and referendum: Delaware, Idaho, Maine, Missouri, Montana, Oklahoma, Oregon, South Dakota, and Utah. The most complete test of the provisions has been made in Oregon.
Statistics on the Use of the Initiative and Referendum
The following is a list of the measures submitted to the people of Oregon at the election of 1910, with the results and percentage of total vote polled for each measure.
(iiven in Oberholtzer, The Referendum, Inilintire, and Recall in America.
1910.–Total vote, 120,248:
asylum in eastern Oregon | 50,135 | 41,504 8,630 Act calling convention to re
vise State Constitution ... 23,143 59,974 Amendment providing sepa
rate election districts for members of the General Assembly
24,000 54,252 Amendment repealing require
ment that all taxes shall be "equal and uniform”?
37,619 | 40,172 Amendment authorizing es
tablishment of railroad districts and purchase and con
struction of railroads, 32,844 46,070 Amendment authorizing uni
form taxation “except on property not specifically taxed,”.etc.
31,629 41,692 Act increasing judge's salary
in eighth judicial district'.. 13,161 71,503 Bill to create Nesmith County 22,866 60,591 Bill to maintain state normal
school at Monmouth? 50,191 40,044 10,147
Clackamas and Multnomah
14,508 64,090 Amendment abolishing poll tax"
44,171 42,127 2,044 Amendment giving cities and
towns special rights under
the local option law'... 53,321 50,779 2,542 Bill to fix liability of employers'
56,258 33,943 | 22,315
* Initiated by the people.
* Acts or constitutional amendments submitted in answer to petition of the people, i.e. referendum.
* Acts or constitutional amendments submitted by the legislature upon its own motion.
Bill to maintain normal school at Weston.
40,898 Bill to change boundaries of
Washington and Multnomah Counties 1
14,047 Bill to maintain normal school at Ashland
38,473 Amendment prohibiting the
liquor traffic in Oregon 43,540 Bill to make prohibition amendment effective.
42,651 Bill creating a board to draft
an employers' liability law 32,224 Bill to prohibit seine, trap, or
wheel fishing in Rogue River
49,712 Bill to create Deschutes County
for general law under which new counties may be created, or county boundaries changed
37,129 Amendment permitting coun
ties to incur indebtedness beyond $5000 to build roads
(51,275 Bill extending the direct pri
mary law to allow voters to express their choice for President and Vice President, presidential electors, and delegates to national conventions
43,353 Bill to create the “Board of
People's Inspectors of Gov-
29,955 Amendment extending initia
tive, referendum, and recall, making terms of members
of legislature six years, etc.' 37,031 Amendment providing for
verdict of three fourths of jury in civil cases
Initiated by the people.