Amend. Art. XLVIII, The Initiative, VI. Conflicting and Alternative Measures

Conflicting and alternative measures

Structure Voting & Elections Amendments · Articles of Amendment

Official text rightpowerlimitif conditionlegal term

If in any judicial proceeding, provisions of constitutional amendments or of laws approved by the people at the same election are held to be in conflict, then the provisions contained in the measure that received the largest number of affirmative votes at such election shall govern.

A constitutional amendment approved at any election shall govern any law approved at the same election.

The , by resolution passed as hereinbefore set forth, may provide for grouping and designating upon the ballot as conflicting measures or as alternative measures, only one of which is to be adopted, any two or more proposed constitutional amendments or laws which have been or may be passed or qualified for submission to the people at any one election: provided, that a proposed constitutional amendment and a proposed law shall not be so grouped, and that the ballot shall afford an opportunity to the voter to vote for each of the measures or for only one of the measures, as may be provided in said resolution, or against each of the measures so grouped as conflicting or as alternative. In case more than one of the measures so grouped shall receive the vote required for its approval as herein provided, only that one for which the largest affirmative vote was cast shall be deemed to be approved.

Simplified explanation

When measures approved at the same election conflict, the one with the most affirmative votes governs, and a constitutional amendment governs a law. The general court may group measures on the ballot as conflicting or alternative, but not an amendment with a law.