|In the tradition of the simplicity of the U.S. Constitution, it would be simple to amend the California Constitution with a brief statement: "The government of the State of California shall be nonpartisan direct representative democracy by means of voting networks connected to voters homes." Unfortunately, if left to the legislature and the courts, they would soon dilute it out of existence in the same ways the Congress and the Supreme Court have compromised the U.S. Constitution. The State of California has one of the most complicated constitutions in the nation. Therefore, the language in the proposed amendment has to fit into the California Constitution, leaving no doubt as to what it means by establishing direct democracy.|
NONPARTISAN DIRECT REPRESENTATIVE DEMOCRACY GOVERNMENT
SECTION 1. Article II of the California Constitution as previously written is hereby repealed and replaced. Sections unchanged are renumbered.
SECTION 2. All political power is inherent in the people. Government is instituted for their protection, security and benefit, and they have the right to alter or reform it when the public good requires. [Replaces former Section 1 as renumbered]
(a) The public good requires government to be altered and reformed to a nonpartisan direct representative democracy government by the people and all that it embodies. Pursuant to Article I, Section 3, The people have the right to instruct their representatives and assemble freely to consult for the common good.
(b) All elective offices shall be nonpartisan. No political party or party central committee may endorse, support, or oppose a candidate for nonpartisan office. Elected representatives and officers are defined as any elected position at all levels of government in the state. Elected representatives shall be professional government managers, not professional politicians. The terms of office for all elected positions shall be confirmed or rejected annually by majority vote. If rejected, replacement elections shall immediately follow.
(c) Within four (4) years of the enactment of this amendment, or as otherwise directed by the people, direct representative democracy shall be established by means of secure voting networks of interactive electronic devices connected to every voter's home, or convenient voting center.
(d) The voting networks shall include all state, county and city offices and governments.
(e) The voters shall be able to instruct and direct their representatives by majority vote on all matters of taxation and public policy, and to freely consult with each other for the common good by means of the voting networks. Elected representatives shall truthfully, and fully inform their constituent voters sufficiently for the voters to make informed decisions.
(f) All elections and recall elections shall be conducted over the voting networks. The process for elections and the recall of elective officers shall be established by the voters.
(g) The voters shall establish the process for initiatives and referendums to propose statutes and amendments to the Constitution and to adopt or reject them. All petitioning to propose initiatives and referendums shall be conducted over the voting networks.
SECTION 4. Direct representative democracy shall be defined and construed as government in which sovereign power is vested in the people, directly, as outlined in Section 3 of this Article.
SECTION 5. (DIRECT DEMOCRACY FOR THE UNITED STATES) (a) During the month of February following the enactment of this amendment, and pursuant to Article V of The United States Constitution, the legislature shall make application to the Congress to call for a constitutional convention for proposing amendments, specifically for proposing an amendment to establish nonpartisan direct representative democracy government, substantially and effectively as stated herein pertaining to the government of The United States, and the legislature shall specifically encourage each of the several states to make the same application to the Congress for such constitutional convention for proposing amendments, specifically direct democracy.
(b) During the month of February of each succeeding year, the legislature shall renew the application to the Congress and encourage the several states as stated in subsection (a) above, until such time the constitutional convention is held, and the specific amendment establishing nonpartisan direct representative democracy government is proposed, and ratified by the legislatures of three-fourths of the several states.
SECTION 6. Replaces former Section 2 as renumbered. [Right to Vote]
SECTION 7. Replaces former Section 3 as renumbered. [Residence-Registration-Free Elections]
SECTION 8. Replaces former Section 4 as renumbered. [Improper practices That Effect Elections-Mentally Incompetent, Etc.]
SECTION 9. Replaces former Section 7 as renumbered. [Voting-Secret]
SECTION 10. This amendment shall take effect the day after approved by the majority of votes thereon. The provisions of this Article shall be self-executing, and supercede any article, provision or statute in conflict therewith, but legislation not in conflict herewith may be enacted to facilitate its operation.
SECTION 11. If any section, clause or portion of this Article, or any application thereof to any person or circumstance, shall for any reason be declared unconstitutional by means of the United States Constitution, the remainder of this Article, or application of such section, clause or portion to other persons or circumstances, shall not be affected thereby.
SECTION 12. The provisions of this Article shall supersede all provisions of this Constitution and laws enacted thereunder in conflict therewith. No article of amendment shall be enacted diminishing citizen's rights enumerated by this Constitution.
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