Laws and procedures
Citizens of California may initiate legislation as either a state statute or a constitutional amendment. In California, citizens also have the power to repeal legislation via veto referendum. The California State Legislature may also place measures on the ballot as legislatively referred constitutional amendments or legislatively referred state statutes. Referred amendments require a 2/3 vote of each chamber. Show
Crafting an initiativeOf the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the scope and content of proposed initiatives. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates and establish guidelines for adjudicating contradictory measures. Single-subject ruleSee also: Single-subject ruleIn California, each proposed measure must address only one subject. Subject restrictionsSee also: Subject restrictions (ballot measures)In California, an initiated measure may not apply differently to different political subdivisions (cities, counties, etc...) based on the approval/disapproval of the measure in those subdivisions. Similarly, a measure may not treat subdivisions differently based on the percentage of voters approving or disapproving of the measure. More generally, a measure may not make any of its provisions dependent on a certain percentage of voters approving or disapproving of the measure. Veto referendums on emergency legislationIn California, veto referendums cannot be used on emergency legislation. Competing initiativesSee also: Superseding initiative; "Poison pills"; List of California ballot measuresIf two or more measures conflict, the measure receiving the greatest number of affirmative votes supersedes the other. This provision was clarified in Taxpayers to Limit Campaign Spending v. Fair Political Practices Commission (1990). The court determined that: When two or more measures are competing initiatives, either because they are expressly offered as "all-or-nothing" alternatives or because each creates a comprehensive regulatory scheme related to the same subject, section 10(b) mandates that only the provisions of the measure receiving the highest number of affirmative votes be enforced.[1]The court argued that combining initiatives piecemeal could lead to outcomes unintended by voters. A notable example of such unintended consequences occurred in Oregon in 1908. Starting a petitionEach initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.[2][3][4] Applying to petitionSee also: Approved for circulation and California Assembly Bill 1100 (2015)Prior to circulation, proponents must submit the full text of the measure to the California attorney general's Initiative Coordinator along with a request for a summary, contact information, a signed statement certifying that the proponents are qualified electors and a $2,000 deposit, refundable upon qualification for the ballot. They must also sign and submit a statement promising not to use the signatures for any purpose except the initiative.
Proposal review/approvalSee also: Approved for circulationProponents may seek the assistance of the Office of the Legislative Counsel in drafting the measure prior to filing it with the attorney general. In order to receive assistance, they must submit 25 signatures from qualified electors. In addition, the office must determine that there is a "reasonable probability" that the measure will qualify for the ballot. Public review periodAfter the initiative is submitted, there must be a 30-day public review period in which citizens can give input and discuss the initiative. Proponents are allowed to alter the initiative according to suggestions and discussion.[5] Petition summarySee also: Starting a petitionOnce proponents have submitted all the required materials, the attorney general must draft a brief (100 word) circulating title and summary. He or she must also assign the measure a unique identifying number. This number is not the same as its number on the ballot. The attorney general has 15 days to complete the petition language. This period begins after the measure has received a fiscal statement (when applicable). Once the measure has been submitted, sponsors may submit amendments to their proposal before the summary is prepared. These amendments restart the 15-day period and must include a new summary/title request signed by all proponents. Technical or non-substantive changes do not restart the 15-day period.
Fiscal reviewSee also: Fiscal impact statementIf the measure will have a fiscal impact, a fiscal estimate is drafted jointly by the Department of Finance and the Joint Legislative Budget Committee. This estimate is included along with the summary and circulating title.
Collecting signaturesEach initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them. Number requiredSee also: California signature requirementsIn California, the number of signatures needed to place a measure on the ballot is based on the total number of votes cast for the governor in the preceding election. The following are the requirements for the types of citizen-initiated measures in California:
Individuals who sign a petition for a citizen-initiated measure must be a registered voter in California. Below are the signature requirements that initiative proponents must meet to get their initiatives on the ballot for election years in four-year increments from 1912 to 2022. In 1911, voters approved a constitutional amendment allowing for citizen-initiated measures beginning in 1912. The table also includes the minimum percentage of registered voters that need to sign a petition for a citizen-initiated measure to make the ballot. Note: The California secretary of state determines the number of signatures required for an individual initiative based on the initiative's filing date. Therefore, initiatives filed before a gubernatorial election but intended for the following general election would use the previous requirement.
Distribution requirementsSee also: Distribution requirementsThere is no distribution requirement in California. As such, any proportion of the required signatures may be collected from any county or congressional district. Restrictions on circulatorsCirculator requirementsSee also: Petition circulatorIn California, circulators are permitted to sign the petition that they are circulating.[6] Each initiative petition contains a mandatory circulator affidavit. A circulator is not required to sign these affidavits before a public notary, however he/she must swear to and sign a statement, under the penalty of law, that he/she personally witnessed every act of signing the petition.[7] According to California Elections Code, Sec. 102 and 2101, those circulating petitions are required to be at least 18 years of age or older.[8][9] Once circulation is completed, the signatures must be submitted to and filed with the county or city in which the signatures were collected. All petition sections circulated in a county or city must be turned in together.[10] Pay-per-signatureSee also: Pay-per-signatureCalifornia allows paying signature gatherers based on the number of signatures. In 2011, the California State Legislature passed Senate Bill 168, which would have instituted a ban, but Gov. Jerry Brown vetoed the bill. In 2018, the state legislature passed Assembly Bill 1947 to ban paying signature gatherers on a per-signature basis. Gov. Brown vetoed the bill. In 2021, the legislature passed Senate Bill 660 to ban pay-per-signature. Gov. Gavin Newsom (D) vetoed the bill. Out-of-state circulatorsSee also: Residency requirements for petition circulatorsCalifornia does not require circulators to be state residents. Until 2013, California required signature gatherers to be qualified state voters and, thus, residents. In 2013, Senate Bill 213 was passed removing the requirement that circulators be qualified state voters. Badge requirementsSee also: Badge requirementsIn California, each petition must carry the following notice, "THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK." However, circulators are not required to volunteer their paid/unpaid status. Electronic signaturesSee also: Electronic petition signaturesSince electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. However, in June 2011, the California First District Court of Appeals issued a ruling in Ni v. Slocum prohibiting electronic signature collection in California. Verafirma founder Michael Ni filed the suit, challenging San Mateo County's rejection of an electronic signature in favor of Proposition 19. In its decision, the court ruled that the term "affix," as used in California law, implies a physical signature.[11][12][13][14] Deadlines for collectionSee also: Ballot measure petition deadlines and requirements, 2018 and California suggested deadlinesOnce petition sponsors have received the summary from the attorney general, they have 180 days to collect signatures and file their petitions. If sufficient signatures have been gathered, the measure is presented to voters at the next general election at least 131 days after the measure is certified for the ballot. California signatures can be checked by random sampling or by a full count, depending on the outcome of the random sample check. If the signatures require a full check, the verification process will take additional time. In 2008, for example, the deadline for submitting signatures for the November ballot was April 21. However, if a full check was required, the operative deadline was in February. Given the uncertainties involved in the verification process, sponsors in California must allow time for the process as they plan their initiative campaign.[15] Signatures for veto referendums must be submitted within 90 days of the enactment date of the targeted legislation. Getting on the ballotOnce signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary. Signature verificationSee also: Signature certificationOnce signatures have been collected, they must be filed with the county elections officials in the county where they were collected. Some of the rules for signature filing are:
Once the signatures are filed, county election officials have eight working days to determine the total number of signatures submitted in their county and report the total to the secretary of state. If the raw, statewide count is equal to at least 100 percent of the total number of signatures needed to qualify the proposition, the secretary of state notifies county officials that they are to verify a random sample of their signatures within 30 working days. Specifically, the county officials are to randomly select 500 signatures or 3 percent of the signatures, whichever is greater. In counties where 500 or fewer signatures were submitted, the county must inspect all the signatures for validity. Once a county election department has inspected the required number of signatures, they must report the percentage of valid signatures to the secretary of state. After the secretary of state's office has collected information about validity rates from all counties where signatures were filed, the office projects the total number of valid signatures based on the random sample.
Ballot title and summarySee also: Ballot titleOnce a petition has been found sufficient, the secretary of state directs the attorney general to draft a ballot title, summary, and ballot label. The ballot title and summary may differ from those used during circulation. The ballot title and summary are accompanied by a condensed fiscal impact statement prepared by the Legislative Analyst and reviewed by a citizen panel for readability. The ballot label is, in turn, a condensed (less than 75 words) version of the title, summary, and fiscal statement. Since the ballot language is also included in the state's voter pamphlet, it is subject to a 20-day public display period during which the public may challenge the ballot language. In addition, each measure receives ballot arguments for and against. These arguments can be drafted by proponents, citizen groups, and individuals. The secretary of state selects the official arguments from among those submitted. Priority is given to arguments based on their author(s)--first to proponents, second to citizen groups, and third to individuals. Once arguments have been selected, their authors draft rebuttals to the opposing arguments.[16]
WithdrawalInitiative proponents may withdraw an initiative from the ballot at any time before certification as officially qualified for the ballot, which occurs on the 131st day before the next general election.[5] The election and beyondBallot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenges or modifications by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted. Election datesSee also: California Senate Bill 202 (2011)Beginning in 2011, when Senate Bill 202 was approved, statewide initiatives and referendums are required to go on general election ballots on the first Tuesday after the first Monday in Novembers of even-numbered years. Supermajority requirementsSee also: Supermajority requirementsCalifornia ballot measures require only a simple majority of the votes cast for or against them. Effective dateIn California, approved measures take effect on the fifth day after the secretary of state certifies election results, unless a different effective date is specified by the measure. Prior to June 2018, the default effective date was the day after the election. Voters approved Proposition 71 to change the default effective date by a vote of 78 percent. LitigationSee also: Ballot measure lawsuit newsChallenges to the ballot language for a measure should be filed in Sacramento County District Court.[17] Legislative alterationSee also: Legislative alterationThe California State Legislature may not amend or repeal an approved measure without submitting the change to voters. However, a ballot measure may include a clause waiving this protection either entirely or conditionally. Once ballot initiatives have been declared eligible for the ballot (which means it has been determined that enough valid signatures were submitted) they are submitted to the legislature. The legislature has no control over the initiatives or whether they appear on the ballot. However, California law requires the legislature to hold a public hearing on the initiatives at least 30 days prior to the election. Moreover, proponents are allowed to withdraw an initiative even after it has been declared eligible for the ballot up to when the initiative is certified as qualified for the ballot" 131 days before the election. This means the legislature can offer alternative legislation as a compromise in an effort to convince petitioners to withdraw certified initiatives. Re-attempting an initiativeCalifornia does not limit how soon an initiative can be re-attempted.[18] Funding an initiative campaignSee also: Campaign finance requirements for California ballot measuresSome of the notable features of California 's campaign finance laws include:
State initiative lawArticle II of the California Constitution addresses initiatives.
Division 9 of the California Elections Code governs initiatives.
External links
Footnotes
Changes in the law
The following laws have been proposed that modify ballot measure law in California. If a box is empty for any given year, it means Ballotpedia did not track any ballot measure or recall-related laws in that year. Proposed changes by year2022See also: Changes in 2022 to laws governing ballot measures
2021See also: Changes in 2021 to laws governing ballot measures
2020See also: Changes in 2020 to laws governing ballot measures
2019See also: Changes in 2019 to laws governing ballot measures
2018See also: Changes in 2018 to laws governing ballot measures
2017See also: Changes in 2017 to laws governing ballot measures
2016See also: Changes in 2016 to laws governing ballot measures
2015See also: Changes in 2015 to laws governing ballot measures
2014See also: Changes in 2014 to laws governing ballot measures
2013See also: Changes in 2013 to laws governing ballot measures
2012See also: Changes in 2012 to laws governing ballot measures
2011See also: Changes in 2011 to laws governing ballot measures
2010See also: Changes in 2010 to laws governing the initiative process
What is the initiative process in California?The ballot initiative process gives California citizens a way to propose laws and constitutional amendments without the support of the Governor or the Legislature.
How many of the 50 states grant their citizens the power of initiative?23 states allow for citizens to initiate popular referendums, and one territory, the U.S. Virgin Islands. The popular referendum was first introduced in the United States by South Dakota in 1898, and first used in 1906 in Oregon, two years after the first initiative was used in 1904, also in Oregon.
What is the name of the process by which citizens propose legislation or constitutional amendments through petition followed by popular vote?The referendum process allows citizens to “refer” laws passed by the Legislature to the ballot so voters can approve or repeal the legislation.
What is a referendum question?A referendum (PL: referendums or referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a new policy or specific law, or the referendum may be only advisory.
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