California Vote Requirements for Initiatives Requiring Supermajority Votes Amendment (2024)

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California Vote Requirements for Initiatives Requiring Supermajority Votes Amendment
Flag of California.png
Election date
November 5, 2024
Topic
Direct democracy measures
Status
On the ballot
Type
Constitutional amendment		Origin
State legislature

The California Vote Requirements for Initiatives Requiring Supermajority Votes Amendment is on the ballot in California as a legislatively referred constitutional amendment on November 5, 2024.[1][2]

A "yes" vote supports requiring initiatives that change vote thresholds to supermajority votes to pass by the same vote requirement as is being proposed, as well as authorizing local government to place advisory questions on local ballots.

A "no" vote opposes requiring initiatives that change vote thresholds to supermajority votes to pass by the same vote requirement as is being proposed, as well as authorizing local government to place advisory questions on local ballots.


Measure design

See also: Text of measure

The amendment would require initiated constitutional amendments proposing increased voter approval thresholds for state or local measures to be approved by the same voter threshold it is proposing. For example, an amendment proposing a two-thirds (66.67%) vote must also be approved by two-thirds of voters. The amendment would apply to all statewide initiated constitutional amendments on the ballot on or after January 1, 2024, including measures appearing alongside this amendment on the November 5, 2024 ballot. Currently, initiated constitutional amendments need to be approved by a simple majority.[2]

The amendment would also authorize local governing boards (boards of supervisors, city councils, or school boards) to place advisory questions on local ballots to determine the electorate's opinion on a policy. The advisory questions would not be legally binding.[2]

Text of measure

Constitutional changes

See also: Article II and Article XI, California Constitution

The measure would amend section 10 of Article II and section 7.8 of Article XI of the state constitution. The following underlined text would be added, and struck-through text would be deleted:[2] Note: Use your mouse to scroll over the below text to see the full text.

Section 10 of Article II
(a) An initiative statute or referendum approved by a majority of votes cast thereon takes effect on the fifth day after the Secretary of State files the statement of the vote for the election at which the measure is voted on, but the measure may provide that it becomes operative after its effective date. If a referendum petition is filed against a part of a statute the remainder of the statute shall not be delayed from going into effect.

(b) If provisions of two or more measures approved at the same election conflict, the provisions of the measure receiving the highest number of affirmative votes shall prevail.

(c) The Legislature may amend or repeal a referendum statute. The Legislature may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without the electors’ approval.

(d) Before circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the Attorney General who shall prepare a title and summary of the measure as provided by law.

(e) The Legislature shall provide for the manner in which a petition shall be circulated, presented, and certified, and the manner in which a measure shall be submitted to the electors

(a) An initiative statute or referendum approved by the electors pursuant to Section 10.5 takes effect on the fifth day after the Secretary of State files the statement of the vote for the election at which the measure is voted on, but the measure may provide that it becomes operative after its effective date. If a referendum petition is filed against a part of a statute, the remainder of the statute shall not be delayed from going into effect.

(b) If provisions of two or more measures approved at the same election conflict, the provisions of the measure receiving the highest number of affirmative votes shall prevail.

(c) The Legislature may amend or repeal a referendum statute. The Legislature may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without the electors’ approval.

(d) Before circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the Attorney General who shall prepare a title and summary of the measure as provided by law.

(e) The Legislature shall provide for the manner in which a petition shall be circulated, presented, and certified, and the manner in which a measure shall be submitted to the electors.

SEC. 10.5. (a) Except as provided in subdivision (b), a statewide initiative statute or referendum is approved if a majority of the votes cast on the measure are in favor. (b) Notwithstanding Section 4 of Article XVIII or any other provision of the Constitution, an initiative measure that includes one or more provisions that amend the Constitution to increase the voter approval requirement to adopt any state or local measure is approved by the voters only if the proportion of votes cast in favor of the initiative measure is equal to or greater than the highest voter approval requirement that the initiative measure would impose for the adoption of any state or local measure. (c) This section applies to all statewide initiative measures submitted to the electors on or after January 1, 2024, including measures that appear on the ballot at the same election at which the measure adding this section is approved by the electors.

Article XI

SEC. 7.8. At any election, pursuant to procedures that the Legislature shall provide, a local governing body may hold an advisory vote concerning any issue of governance for the purpose of allowing voters within the jurisdiction to voice their opinions on the issue. An advisory question is approved only if a majority of the votes cast on the question are in favor. The results of the advisory vote shall in no manner be controlling on the sponsoring local governing body.[3]

Full text

The full text can be read here.

Support

Supporters

Officials

Unions

Organizations

  • ACLU of California
  • California Common Cause
  • California State Association of Counties
  • League of Women Voters of California

Arguments

  • California State Council of Service Employees International Union (SEIU California): "One of the most sacred principles of democracy, the majority vote, is under attack. Anti-democratic efforts are seeking to establish and enshrine the right of a privileged and powerful minority to veto the will of the people. These anti-democratic measures to increase voter thresholds are intended to take away our freedoms such as abortion access and to prevent progress. ... [ACA 13] would retain and protect the majority vote, require any initiative that increases voter approval requirements to also be approved at the higher level, and would ensure local governments can always ask voters for their opinion on issues."
  • Asm. Christopher Ward (D): "The Protect and Retain the Majority Vote Act, ACA 13, would retain the majority vote requirement for passage of state and local initiatives. ACA 13 will require proposed initiatives that seek to increase vote thresholds on future ballot measures to pass with that same proportional higher vote threshold. ... Cities and counties also often place non-binding advisory measures on the ballot to allow voters to weigh in on various issues. This is a critical tool that allows voters to advise local government, and ACA 13 would protect the right of cities to place advisory questions on the ballot to ask voters their opinion on issues."

Opposition

Opponents

Organizations

  • California Association of Realtors
  • California Business Roundtable
  • California Chamber of Commerce
  • California Farm Bureau Federation
  • California NAIOP
  • California Taxpayer Assocation
  • California Taxpayer Protection Committee
  • Howard Jarvis Taxpayers Association
  • National Federation of Independent Business - California

Arguments

  • California Business Roundtable: "Under ACA 13, the power to increase voter thresholds for new and higher taxes would vest solely with the Legislature, taking away a fundamental and often-used tool for voters looking to better control their cost of living and higher taxes. However, the power to reduce voter thresholds would remain with both citizens and the Legislature, creating significant power imbalance and an unlevel playing field."
  • Dr. Gary Galles, economics professor at Pepperdine University: "ACA 13 is more disingenuous. It was put on the ballot to prevent another ballot initiative already set for November 2024 from being able to pass. The Taxpayer Protection and Government Accountability Act would restore Proposition 13 protections that courts have eroded. ACA 13 would undermine the possibility of such a restoration by raising the voting threshold for constitutional amendments to pass from a majority, as it stands now, to two-thirds. That is, it would sharply raise the standard for a Constitutional amendment to two-thirds in order to keep TPA from limiting politicians’ ability to abuse California’s property tax payers by lowering the standard they must meet from two-thirds to 55 percent."
  • Jon Coupal, president of the Howard Jarvis Taxpayers Association: "As noted above, the real target of ACA 13 is the Taxpayer Protection and Government Accountability Act. If approved by voters in November 2024, TPA will restore the original intent of several voter-approved taxpayer protection initiatives including Prop. 13, Prop. 218, and Prop. 26, all of which have been weakened by a tax-hungry legislature and a hostile judiciary. ... ACA 13 is a cynical attempt to accomplish what “progressives” know they cannot do directly – repeal Prop. 13’s protections. Voters are tired of being tricked and abused in California by politicians who want to keep raising taxes."


Campaign finance

See also: Campaign finance requirements for California ballot measures

Ballotpedia has not identified any committees registered in support or opposition to the measure.

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $0.00 $0.00 $0.00 $0.00 $0.00
Oppose $0.00 $0.00 $0.00 $0.00 $0.00

Background

California Two-Thirds Legislative Vote and Voter Approval for New or Increased Taxes Initiative (2024)

See also: California Two-Thirds Legislative Vote and Voter Approval for New or Increased Taxes Initiative (2024)

An initiated constitutional amendment to require new state taxes proposed by the state legislature to be enacted via a two-thirds legislative vote and voter approval and new local taxes to be enacted via a two-thirds vote of the electorate qualified for the 2024 ballot on February 1, 2023. The initiative would also prohibit local governments from placing a non-binding advisory question on the same ballot as a general tax proposal asking how the revenue should be spent. The amendment is sponsored by Californians for Taxpayer Protection and Government Accountability and has received endorsements from the Howard Jarvis Taxpayers Association, California Business Roundtable, and California NAIOP. Under the proposed amendment, the initiative would need to be approved by 66.67% of voters to pass.[4]

Supermajority requirements for state constitutional amendments

See also: Supermajority requirements for ballot measures

Of the 49 states that require voter approval for constitutional amendments, 11 states require a supermajority vote on the amendment or some rule that combines different criteria. Delaware is the one state where voter approval is not required for state constitutional amendments.

Supermajority requirements by state for specific topics

Arizona

Arizona requires a 60% vote for voters to pass ballot measures to approve taxes. Voters approved this requirement via Proposition 132 in 2022.

Oregon

In Oregon, a ballot measure proposing a supermajority vote, such as a 60% vote, on ballot measures must be passed by the same vote threshold, such as 60%, as the measure itself proposes. Voters passed a constitutional amendment establishing this requirement in 1998.

Utah

Utah requires a two-thirds (66.67%) vote for the approval of any initiatives concerning the taking of wildlife. Voters adopted this requirement with the passage of Proposition 5 in 1998.

Washington

Washington requires 60% supermajority approval from all voters casting a ballot on initiatives or referendums related to lotteries. Other questions require simple majority approval to be enacted. This requirement was adopted with the passage of Washington SJR 5 in 1972.

Path to the ballot

See also: Amending the California Constitution

A two-thirds (66.67%) vote is required during one legislative session for the California State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 54 votes in the California State Assembly and 27 votes in the California State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

This amendment was introduced as Assembly Constitutional Amendment 13 (ACA 13) on July 13, 2023. The state Assembly passed ACA 13 on September 6. On September 14, the Senate voted 28-9 to pass ACA 13. Later on September 14, the Assembly voted 55-19 to concur with changes made in the Senate. The amendment was held at the desk by unanimous consent until November 1, 2023, thereby putting the amendment on the November 2024 ballot rather than the March 2024 ballot.[1]

Vote in the California State Senate
September 14, 2023
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 27  Approveda
YesNoNot voting
Total2893
Total percent70.0%22.5%7.5%
Democrat2813
Republican080
Vote in the California House of Representatives
September 14, 2023
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 54  Approveda
YesNoNot voting
Total55196
Total percent68.8%23.7%7.5%
Democrat5516
Republican0180

How to cast a vote

See also: Voting in California

Click "Show" to learn more about voter registration, identification requirements, and poll times in California.

See also

  • Ballot measure lawsuits
  • Ballot measure readability
  • Ballot measure polls

External links

Footnotes

  1. ↑ 1.0 1.1 California State Legislature, "ACA 13 Overview," accessed August 21, 2023
  2. ↑ 2.0 2.1 2.2 2.3 California State Legislature, "ACA 13 Text," accessed August 21, 2023
  3. ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  4. ↑ California Attorney General, "Initiative 21-0042," November 30, 2021
  5. ↑ California Secretary of State, "Section 3: Polling Place Hours," accessed April 4, 2023
  6. ↑ California Secretary of State, "Voter Registration," accessed April 4, 2023
  7. ↑ The Los Angeles Times, "Gov. Brown approves automatic voter registration for Californians," October 10, 2015
  8. ↑ The Sacramento Bee, "California voter law could register millions–for a start," October 20, 2015
  9. ↑ 9.0 9.1 California Secretary of State, "Registering to Vote," accessed April 4, 2023
  10. ↑ California Secretary of State, "What to Bring to Your Polling Place," accessed April 4, 2023
  11. ↑ BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS, "Section 20107," accessed April 4, 2023
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