[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3006 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 3006

 To direct the Attorney General to provide a written opinion regarding 
  the constitutionality of proposed State ballot initiatives, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 9, 1997

    Ms. Millender-McDonald introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To direct the Attorney General to provide a written opinion regarding 
  the constitutionality of proposed State ballot initiatives, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Truth in Democracy and Legislative 
Responsibility Act of 1997''.

SEC. 2. ISSUANCE OF OPINION REGARDING CONSTITUTIONALITY OF STATE BALLOT 
              INITIATIVES.

    (a) In General.--The Attorney General (acting through the United 
States Attorney for the State involved) shall issue a written opinion 
regarding whether a proposed State ballot initiative (if adopted) would 
be consistent with the Constitution of the United States if the 
initiative has obtained the requisite number of signatures for 
placement on the ballot in a general election (as determined in 
consultation with the Secretary of State or appropriate official of the 
State involved).
    (b) Publication; Placement on Ballot.--The Attorney General shall 
publish and submit to Congress and the Governor of the State involved 
an opinion under this section not later than 30 days before the general 
election for which the initiative is on the ballot, and shall include 
in the opinion an analysis of the constitutional issues raised and of 
the potential costs which may be incurred as a result of litigation 
initiated in response to the initiative (if adopted). The Secretary of 
State of the State (or other appropriate official of the State) shall 
include the opinion as part of the ballot which contains the 
initiative.
    (c) Exception for Certain Initiatives.--This section shall not 
apply with respect to a State ballot initiative with respect to which 
the Attorney General finds that no constitutional issues are involved.

SEC. 3. PROHIBITING INITIATIVES DETERMINED BY ATTORNEY GENERAL TO BE 
              UNCONSTITUTIONAL FROM TAKING EFFECT.

    Notwithstanding any other provision of law, no State ballot 
initiative may take effect if the Attorney General issues an opinion 
under section 2 that the initiative (if adopted) would be inconsistent 
with the Constitution of the United States.
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