§ 34-8. Filing copy of proposed petition - Publication - Protest - Hearing and determination.

A.  When a citizen or citizens desire to circulate a petition initiating a proposition of any nature, whether to become a statute law or an amendment to the Constitution, or for the purpose of invoking a referendum upon legislative enactments, such citizen or citizens shall, when such petition is prepared, and before the same is circulated or signed by electors, file a true and exact copy of same in the office of the Secretary of State.

B.  It shall be the duty of the Secretary of State to cause to be published, in at least one newspaper of general circulation in the state, a notice of such filing and the apparent sufficiency or insufficiency of the petition.  Such publication shall include the text of the ballot title as reviewed or, if applicable, as rewritten, by the Attorney General pursuant to the provisions of subsection D of Section 9 of this title, and shall include notice that any citizen or citizens of the state may file a protest as to the constitutionality of the petition, by a written notice to the Supreme Court and to the proponent or proponents filing the petition, or as to the ballot title as provided in Section 10 of this title.  Any such protest must be filed within ten (10) days after publication.  A copy of the protest shall be filed with the Secretary of State.

C.  Upon the filing of a protest to the petition, the Supreme Court shall then fix a day, not less than ten (10) days thereafter, at which time it will hear testimony and arguments for and against the sufficiency of such petition.

D.  A protest filed by anyone hereunder may, if abandoned by the party filing same, be revived within five (5) days by any other citizen.  After such hearing the Supreme Court shall decide whether such petition is in the form required by the statutes.  If the Court is at the time adjourned, the Chief Justice shall immediately convene the same for such hearing.  No objection to the sufficiency shall be considered unless it has been made and filed as herein provided.

E.  Within ninety (90) days after such filing of an initiative petition or determination of the sufficiency of the petition by the Supreme Court as provided in this section, whichever is later, the signed copies thereof shall be filed with the Secretary of State, but the signed copies of a referendum petition shall be filed with the Secretary of State within ninety (90) days after the adjournment of the Legislature enacting the measure on which the referendum is invoked or determination of the sufficiency of the petition by the Supreme Court as provided in this section, whichever is later.  Each elector shall sign his or her legally-registered name, address or post office box, and the name of the county of residence.  Any petition not filed in accordance with this provision shall not be considered.  The proponents of a referendum or an initiative petition, any time before the final submission of signatures, may withdraw the referendum or initiative petition upon written notification to the Secretary of State.

F.  The proponents of a referendum or an initiative petition may terminate the circulation period any time during the ninety-day circulation period by certifying to the Secretary of State that:

1.  All signed petitions have already been filed with the Secretary of State;

2.  No more petitions are in circulation; and

3.  The proponents will not circulate any more petitions.

If the Secretary of State receives such a certification from the proponents, the Secretary of State shall begin the counting process.

G.  When the signed copies of a petition are timely filed, the Secretary of State shall certify to the Supreme Court of the state:

1.  The total number of signatures counted pursuant to procedures set forth in this title; and

2.  The total number of votes cast for the state office receiving the highest number of votes cast at the last general election.

The Supreme Court shall make the determination of the numerical sufficiency or insufficiency of the signatures counted by the Secretary of State.

H.  Upon order of the Supreme Court it shall be the duty of the Secretary of State to forthwith cause to be published, in at least one newspaper of general circulation in the state, a notice of the filing of the signed petitions and the apparent sufficiency or insufficiency thereof and notice that any citizen or citizens of the state may file an objection to the count made by the Secretary of State, by a written notice to the Supreme Court and to the proponent or proponents filing the petition.  Any such objection must be filed within ten (10) days after publication and must relate only to the validity or number of the signatures.  A copy of the objection to the count shall be filed with the Secretary of State, and notice shall also be given to the Secretary of State.

I.  The Secretary of State shall deliver the bound volumes of signatures to the Supreme Court.

J.  Upon the filing of an objection to the count, the Supreme Court shall resolve the objection with dispatch.  The Supreme Court shall adopt rules to govern proceedings to apply to the challenge of a measure on the grounds that the proponents failed to gather sufficient signatures.

K.  If in the opinion of the Supreme Court, any objection to the count or protest to the petition is frivolous, the Court may impose appropriate sanctions, including an award of costs and attorneys fees to either party as the Court deems equitable.

L.  Whenever reference is made in this act to the Supreme Court, such reference shall include the members of the Supreme Court or any officer constitutionally designated to perform the duties herein prescribed.

R.L.1910, § 3375.  Amended by Laws 1910-11, c. 107, p. 235, § 1; Laws 1961, p. 265, § 5; Laws 1970, c. 185, § 2, emerg. eff. April 13, 1970; Laws 1973, c. 78, § 1, emerg. eff. April 30, 1973; Laws 1992, c. 92, § 7, eff. Sept. 1, 1992; Laws 2009, c. 318, § 1, eff. Nov. 1, 2009.