Laws governing the initiative process in California

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Laws and procedures


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Contents
1 Laws and procedures
1.1 Crafting an initiative
1.1.1 Single-subject rule
1.1.2 Subject restrictions
1.1.3 Competing initiatives
1.2 Starting a petition
1.2.1 Applying to petition
1.2.2 Proposal review/approval
1.2.3 Petition summary
1.2.4 Fiscal review
1.3 Collecting signatures
1.3.1 Number required
1.3.2 Distribution requirements
1.3.3 Restrictions on circulators
1.3.4 Electronic signatures
1.3.5 Deadlines for collection
1.4 Getting on the ballot
1.4.1 Signature verification
1.4.2 Ballot title and summary
1.4.3 Withdrawal
1.5 The election and beyond
1.5.1 Election dates
1.5.2 Supermajority requirements
1.5.3 Effective date
1.5.4 Litigation
1.5.5 Legislative alteration
1.5.6 Re-attempting an initiative
1.6 Funding an initiative campaign
1.7 State initiative law
2 Changes in the law

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.

Crafting an initiative

Of 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 rule

See also: Single-subject rule

In California, each proposed measure must address only one subject.

DocumentIcon.jpg See law: California Constitution, Article II, Section 8 (d)

Subject restrictions

See 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.

DocumentIcon.jpg See law: California Constitution, Article II, Section 8 (d, f)

Veto referendums on emergency legislation

In California, veto referendums cannot be used on emergency legislation.

DocumentIcon.jpg See law: California Constitution, Article II, Section 9(a)

Competing initiatives

See also: Superseding initiative; "Poison pills"; List of California ballot measures

If 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.

DocumentIcon.jpg See law: California Constitution, Article II, Section 10 (b) and Taxpayers to Limit Campaign Spending v. Fair Political Practices Commission

Starting a petition

Each 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 petition

See 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.

  • An example of a petition application can be found here. (Certifying statements are not included.)

DocumentIcon.jpg See law: California Election Code, Section 9001

Proposal review/approval

See also: Approved for circulation

Proponents 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.

DocumentIcon.jpg See law: California Government Code, Section 10243

Public review period

After 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 summary

See also: Starting a petition

Once 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.

  • A sample petition can be found here.
  • A list of recent measures cleared for circulation can be found here. (Includes petition language)

DocumentIcon.jpg See law: California Election Code, Sections 9002 and California Election Code, Sections 9004

Fiscal review

See also: Fiscal impact statement

If 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.

  • A list of recent measures cleared for circulation can be found here. (Includes fiscal estimates)

DocumentIcon.jpg See law: California Election Code, Section 9005

The Initiative and Referendum Almanac ad.png

Collecting signatures

Each 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 required

See also: California signature requirements

In 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 2026. In 1911, voters approved a constitutional amendment allowing for citizen-initiated measures beginning in 1912. In 1966, voters approved Proposition 1A, which decreased the signature requirement for initiated state statues from 8% to 5% of the votes cast for governor.

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.

Elections Gubernatorial votes Registered voters Signatures for amendments Registered voters for amendments (and statutes before 1966) Signatures for referendums and statutes after 1966 Registered voters for statutes/referendums
2023-2026 10,933,009 (2022) 21,940,274 (2022) 874,641 4.0% 546,651 2.5%
2019-2022 12,464,235 (2018) 19,696,371 (2018) 997,139 5.1% 623,212 3.2%
2015-2018 7,317,581 (2014) 17,803,823 (2014) 585,407 3.3% 365,880 2.1%
2011-2014 10,095,185 (2010) 17,285,883 (2010) 807,615 4.7% 504,760 2.9%
2007-2010 8,679,416 (2006) 15,837,108 (2006) 694,354 4.4% 433,971 2.7%
2003-2006 7,476,311 (2002) 15,303,469 (2002) 598,105 3.9% 373,816 2.4%
1999-2002 8,385,196 (1988) 14,969,185 (1988) 670,816 4.5% 419,260 2.8%
1995-1998 8,665,375 (1994) 14,723,784 (1994) 693,230 4.7% 433,269 2.9%
1991-1994 7,699,467 (1990) 13,478,027 (1990) 615,958 4.6% 384,974 2.9%
1987-1990 7,443,551 (1986) 12,833,920 (1986) 595,485 4.6% 372,178 2.9%
1983-1986 7,876,698 (1982) 11,559,099 (1982) 630,136 5.5% 393,835 3.4%
1979-1982 6,922,378 (1978) 10,129,986 (1978) 553,790 5.5% 346,119 3.4%
1975-1978 6,248,070 (1974) 9,928,364 (1974) 499,846 5.0% 312,404 3.1%
1971-1974 6,510,072 (1970) 8,706,347 (1970) 520,806 6.0% 325,504 3.7%
1967-1970 6,503,445 (1966) 8,340,868 (1966) 520,276 6.2% 325,173 3.9%
1963-1966 5,853,232 (1962) 7,531,211 (1962) 468,259 6.2% 292,662 3.9%
1959-1962 5,255,777 (1958) 6,752,421 (1958) 420,462 6.2% 262,789 3.9%
1955-1958 4,030,368 (1954) 5,885,237 (1954) 322,429 5.5% 201,518 3.4%
1951-1954 3,796,090 (1950) 5,244,837 (1950) 303,687 5.8% 189,805 3.6%
1947-1950 2,558,399 (1946) 4,383,963 (1946) 204,672 4.7% 127,920 2.9%
1943-1946 2,234,545 (1942) 3,820,776 (1942) 178,764 4.7% 111,727 2.9%
1939-1942 2,651,463 (1938) 3,611,416 (1938) 212,117 5.9% 132,573 3.7%
1935-1938 2,329,722 (1934) 3,140,114 (1934) 186,378 5.9% 116,487 3.7%
1931-1934 1,385,129 (1930) 2,245,228 (1930) 110,811 4.9% 69,257 3.1%
1927-1930 1,144,112 (1926) 1,912,862 (1926) 91,529 4.8% 57,206 3.0%
1923-1926 965,787 (1922) 1,532,384 (1922) 77,263 5.0% 48,289 3.2%
1919-1922 688,670 (1918) 1,203,898 (1918) 55,094 4.6% 34,434 2.9%
1915-1918 926,689 (1914) 1,219,345 (1914) 74,136 6.1% 46,335 3.8%
1912-1914 385,713 (1910) N/A (1910) 30,858 N/A 19,286 N/A


DocumentIcon.jpg See law: California Constitution, Article II, Section 8 (b)

Distribution requirements

See also: Distribution requirements

There is no distribution requirement in California. As such, any proportion of the required signatures may be collected from any county or congressional district.

DocumentIcon.jpg See law: California Constitution, Article II, Section 8

Restrictions on circulators

Circulator requirements

See also: Petition circulator

In 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]

DocumentIcon.jpg See law: California Elections Code, Sec. 100-106, California Elections Code, Sec. 9021 and California Elections Code, Sec. 9030(a)

Pay-per-signature

See also: Pay-per-signature

California 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.


DocumentIcon.jpg See law: California Election Code, Section 9021

Out-of-state circulators

See also: Residency requirements for petition circulators

California 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.

DocumentIcon.jpg See law: California Election Code, Section 9021

Badge requirements

See also: Badge requirements

In 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.

DocumentIcon.jpg See law: California Election Code, Section 101

Electronic signatures

See also: Electronic petition signatures

Since 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]

DocumentIcon.jpg See law: California Election Code, Section 100 and NI v. SLOCUM

Deadlines for collection

See also: Ballot measure petition deadlines and requirements, 2018 and California suggested deadlines

Once 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.

DocumentIcon.jpg See law: California Election Code, Sections 9014 and 9016

Getting on the ballot

Once 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 verification

See also: Signature certification

Once 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:

  • All the petition sections submitted in a single county must be filed at the same time.
  • Once filed, petitions may not be amended except by order of a court of competent jurisdiction.
  • Only the proponent(s) of an initiative measure, and persons authorized in writing by one or more of the proponents, may file initiative petitions.

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.

  • If this calculation determines that the number of valid signatures is less than 95 percent of the number of required signatures, the secretary of state issues a "failure notice," which declares that the proposition has failed to qualify for the ballot.
  • If the calculation determines that the number of valid signatures is greater than 110 percent of the required number of signatures, the secretary of state certifies that the proposition has qualified for the ballot "without further verification."
  • However, if the calculation determines that the number of valid signatures on the petition falls somewhere between 95 percent-110 percent, the secretary of state instructs county election officials to inspect each signature filed in their county. This process is known as a "full check." County election officials are required to complete the check within 60 working days of being notified by the Secretary of State.

DocumentIcon.jpg See law: California Election Code, Sections 9030-9035

Ballot title and summary

See also: Ballot title

In California, the laws governing initiatives are different from the laws governing veto referendums regarding ballot language, including the ballot title. Once a petition has been found sufficient, the attorney general drafts the ballot language. A fiscal impact statement is prepared by the Legislative Analyst.

  • The ballot title and summary for initiatives, as well as ballot measures from the state Legislature, must be 100 words or less, not including the fiscal impact statement.
  • The ballot title for veto referendums must be formatted as the following question: "Should California keep or overturn a law passed in [year statute was enacted] [no more than 15 words stating the general subject or nature of the law]?" The summary must explain "the chief purposes and points of the law" in 100 words or less, not including the fiscal impact statement. Voters are given the options on the ballot to "Keep the law" or "Overturn the law."

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]

  • An example of state ballot language can be found here.
  • An example of ballot arguments can be found here.

DocumentIcon.jpg See law: California Election Code, Sections 9050-9053; Sections 9060-9069; 9087, Section 9092 and California Government Code, Section 88003

Withdrawal

In California, proponents of citizen-initiated ballot measures, including initiatives and veto referendums, can withdraw a qualified measure by 5 p.m. 131 days before the next general election. Referendums that are certified within that time period (131 days before the election) can be withdrawn upon signature certification.[17]

The election and beyond

Ballot 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 dates

See 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.

DocumentIcon.jpg See law: California Election Code, Section 9016

Supermajority requirements

See also: Supermajority requirements

California ballot measures require only a simple majority of the votes cast for or against them.

DocumentIcon.jpg See law: California Constitution, Article II, Section 10 (a)

Effective date

In 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.

DocumentIcon.jpg See law: California Constitution, Article II, Section 10 (a)

Litigation

See also: Ballot measure lawsuit news

Challenges to the ballot language for a measure should be filed in Sacramento County District Court.[18]

DocumentIcon.jpg See law: California Election Code, Section 9092 and Section 88006

Legislative alteration

See also: Legislative alteration

The 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.

DocumentIcon.jpg See law: California Constitution, Article II, Section 10 (c) and California Election Code, Sections 9034

Re-attempting an initiative

California does not limit how soon an initiative can be re-attempted.[19]

DocumentIcon.jpg See law: California Constitution, Article II, Section 8

Funding an initiative campaign

See also: Campaign finance requirements for California ballot measures

Some of the notable features of California 's campaign finance laws include:

  • California defines a group of individuals in support or opposition of a ballot measure as a committee, a group led by an elected official as a controlled committee, and a group that send direct mail to defeat four or more ballot measures as a slate mailer committee.
  • California has strict laws on how groups can spend funds in the effort to support or defeat a referendum.
  • There is an optional expenditure limit with the California secretary of state.
  • California has a law against slander and libel in campaign advertisements.

State initiative law

Article II of the California Constitution addresses initiatives.

Division 9 of the California Elections Code governs initiatives.

External links

Footnotes

  1. Taxpayers to Limit Campaign Spending v. Fair Political Practices Commission, Opinion, November 1, 1990
  2. NCSL, "Drafting the Initiative Proposal," accessed May 19, 2011
  3. NCSL, "Preparation of a Fiscal Analysis," accessed May 19, 2011
  4. NCSL, "Preparation of a Ballot Title and Summary," accessed May 19, 2011
  5. LegiScan, "Senate Bill 1253 text," accessed November 30, 2021
  6. California Secretary of State, "Statewide Initiative Guide"
  7. "California elections code - Sec. 104" accessed November 29, 2021
  8. "California Elections Code, Sec. 9021," accessed November 30. 2021
  9. California Elections Code, Sec. 100-106
  10. California Elections Code, Section 9030-9035
  11. Metropolitan News-Enterprise, "C.A. Rejects Bid to Count Online Signature on Initiative Petition," July 5, 2011
  12. Ballot Access News, "California State Court of Appeals Construes Election Code to Bar Electronic Signatures on Petitions," July 1, 2011
  13. Ballot Access News, "Electronic Signatures on Petitions Case Argued in California State Court of Appeals," May 10, 2011
  14. Mercury News, "Attention, voters. You better start practicing your e-signature," May 7, 2010
  15. "Suggested Deadlines to Qualify Initiatives," accessed November 29, 2021
  16. California Secretary of State, "About Ballot Arguments," accessed March 3, 2012
  17. California State Legislature, "Assembly Bill 421," accessed September 9, 2023
  18. NCSL, "Preparation of a Ballot Title and Summary," January 2002
  19. NCSL, "Banning Same or Similar Measures from the Ballot for a Specified Period of Time," May 2009



Changes in the law

Contents
1 Laws and procedures
2 Changes in the law
2.1 Proposed changes by year
2.1.1 2022
2.1.2 2021
2.1.3 2010
2.1.4 2019
2.1.5 2018
2.1.6 2017
2.1.7 2016
2.1.8 2015
2.1.9 2014
2.1.10 2013

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 year

2023

See also: Changes in 2023 to laws governing ballot measures

  • Assembly Bill 421: The legislation made changes to the veto referendum process in California, including:[1]
  • replacing "Yes" and "No" with “Keep the law” and “Overturn the law,” respectively. Before AB 421, when a veto referendum appeared on the ballot, voters could select “Yes” or “No”. A “Yes” vote had the effect of upholding a bill, and a “No” vote had the effect of repealing the bill.
  • requiring the ballot title for veto referendums to be formatted as a question, rather than a statement. The question shall be formatted as follows: “Should California keep or overturn a law passed in [year statute was enacted] [no more than 15 words stating the general subject or nature of the law]?”
  • presenting the top three funders of the petition drive to repeal the law in the voter information guide.
  • allowing veto referendum proponents to withdraw their qualified referendum within a certain number of days before the election.
  • The League of Women Voters of California, which supported AB 421, wrote, “The League’s experience has been that there is enormous voter confusion generated by a ‘yes’ vote being against the referendum but for the statute subject to it, and a ‘no’ vote being for the referendum but against the statute subject to it. Voters are often uncertain as to whether they are voting to reverse or preserve a law. AB 421 cuts through the confusion by replacing ‘yes’ and ‘no’ with a simple ‘keep the law’ and ‘overturn the law,’ helping voters better understand the ballot and make informed decisions.”[1]
  • The California Chamber of Commerce, which opposed AB 421, wrote, “Currently, a referendum that qualifies for the ballot asks voters to step in the shoes of the Legislature to consider the proposed statute. As such, voters vote for (‘yes’ on) the measure to approve the proposal, and against (‘no’) to reject it. AB 421 makes a major change in the role of the voters. Instead of ‘standing in the shoes’ of the Legislature, they would be asked instead to second-guess the Legislature (‘Keep the law’ v. ‘Overturn the law’), which is a very different question. AB 421 makes the vote about the Legislature’s action, not about the proposed statute itself. This is a profound difference from the historic intent and function of the referendum. Any such change, which we believe would be ill-advised, could likely only be made with a constitutional amendment.”[1]
  • Assembly Bill 773: The legislation required that ballot measure arguments submitted for a special district or school district that encompasses multiple counties must be submitted to the lead county. The term lead county was defined for special districts as the "county with the most voters within the district bounds." The term lead county was defined for school districts as the "county whose superintendent of schools covers the district." [2]
  • Assembly Constitutional Amendment 1: As of 2023, a two-thirds (66.67%) vote of the electorate was required to approve a local special tax ballot measure or general obligation bond, except for school district bond measures. ACA 1 was designed to reduce the vote threshold from two-thirds to 55% for local special tax and bond ballot measures that fund public infrastructure, affordable housing, or supportive housing for persons at risk of chronic homelessness. The constitutional amendment requires voter approval on November 5, 2024.[3]
  • The Urban Counties of California, which supported ACA 1, stated, "Questions of taxation and public indebtedness are of the greatest importance to the voters of this state. That is why the California Constitution requires that these questions be taken directly to the voters instead of decided solely by their elected representatives. A 55 percent threshold is enough to indicate whether the bulk of a community is willing to incur that indebtedness or pay a tax for such important services."[3]
  • The California Taxpayers Association, which opposed ACA 1, stated, "Reducing the vote threshold would diminish the people’s voice on tax increases and would erode property tax safeguards. ... these taxes are both regressive and distortionary, often disregarding a taxpayer’s ability to pay. Parcel taxes, which can reach thousands of dollars annually in some parts of California, are extremely costly for seniors on fixed incomes and households struggling to make ends meet."[3]
  • The California State Council of Service Employees International Union, which supported ACA 13, stated, "Anti-Democratic efforts are seeking to establish and enshrine the right of a privileged and powerful minority to veto the will of the people. [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. ACA 13 protects the democratic principle of 'one person, one vote.'"[4]
  • The California Business Roundtable, which opposed ACA 13, stated, "The initiative process is a vital tool for Californians to voice their concerns, propose changes, and stand up for their values. It allows citizens to bypass the usual legislative channels and bring about changes that matter deeply to them. However, ACA 13 risks diminishing these voices, shifting power away from the people and towards the Legislature in a drastic and unprecedented way."[4]
  • Senate Bill 297: The legislation made changes to the withdrawal process for qualified ballot initiatives in California. SB 297 allowed proponents of a statewide initiative or referendum to file a written notice of withdrawal that is contingent on a piece of legislation being passed and signed. The bill also allowed a majority of proponents, instead of all proponents, to sign off on removing an initiative from the ballot. SB 297 specified that initiatives or referendums must be withdrawn no later than 5 p.m. 131 days before the election.[5]
  • Senate Bill 386: In California, the signature verification process for state ballot initiatives involved a random sample. When the random sample found that between 95% and 110% of signatures were valid, a check of each signature was required within 30 days, excluding weekends and holidays. SB 386 provided election officials with 60 days to provide a full check of signatures when required. [6]
  • Senate Bill 798: The legislation required the tax rate statement included with local bond measures to include a tax rate per $100,000 of assessed valuation. Previously, the tax rate statement needed to provide a tax rate per $100 of assessed valuation.[7]

2022

See also: Changes in 2022 to laws governing ballot measures

  • Assembly Bill 1416: The legislation required ballot measure labels, which is the language that voters see on the ballot, to include a list of supporters and opponents of the ballot measure. Under AB 1416, the lists of supporters and opponents are those found in the voter information guide, and the two lists are each limited to 125 characters in length.[1]
  • Assembly Bill 2582: The bill changed how local recall elections work in California. Previously, local recall elections involved two questions: "First, should the targeted elected official be recalled? Second, which candidate should replace the recalled official?" Under AB 2582, only the first question is part of a recall election — 'Should the targeted elected official be recalled?' If an official is recalled, then the vacancy is filled, typically by appointment or special election.[2]
  • Assembly Bill 2584: The bill increased the number of proponents needed to initiate a recall petition depending on a jurisdiction's number of registered voters. The bill also created a review period of 10 days for local recall petitions, in which a voter can challenge the reasons listed on the recall petition as false, misleading, or inconsistent with legal requirements.[3]
  • Senate Bill 1360: The legislation made changes to statements required on initiative, referendum, and recall petitions, including adding "You have the right to see an 'official top funders' sheet;" "This petition may be circulated by a paid signature gatherer or a volunteer. You have the right to ask;" and other statements.[4]

2021

See also: Changes in 2021 to laws governing ballot measures

  • Senate Bill 152: The legislation allowed the secretary of state to certify the signatures for a 2021 recall petition before, rather than after, the Joint Legislative Budget Committee provides an election cost estimate if the Legislature has appropriated funds.[1]
  • Senate Bill 660 (Vetoed): The legislation would have banned paying signature gatherers based on the number of signatures collected. Gov. Gavin Newsom (D) vetoed SB 669 on October 5, 2021.[2]

2020

See also: Changes in 2020 to laws governing ballot measures

2019

See also: Changes in 2019 to laws governing ballot measures

  • Assembly Bill 116: The legislation removed the voter approval requirement for enhanced infrastructure financing districts to issue bonds.[1]
  • Assembly Bill 698: The legislation provided that a signature on a ballot initiative petition cannot be deemed invalid because the person signing the petition used initials instead of their full first or middle name, or both.[2]
  • require that a minimum of 10% of the signatures needed for an initiative or referendum petition be collected by unpaid volunteer circulators;
  • prohibit paying circulators based on the number of signatures they collected and making this practice a misdemeanor;
  • require petitions to include information indicating whether the circulator collecting the signatures was a paid worker or volunteer; and
  • increase the number of days that elections officials have to verify signatures, among other changes.
  • Senate Bill 47: The legislation required ballot measure committees to create an Official Top Funders sheet to provide when requested from potential petition signers. Under SB 47, the sheet must list the three largest contributors to the committee. The bill also allowed committees to list three endorsers on their petitions.[4]
  • Senate Bill 151: The legislation allowed an elected official subject to a recall election to display a party preference on the ballot.[5]
  • Senate Bill 268 (Vetoed): Gov. Gavin Newsom (D) vetoed the bill on October 13, 2019. The legislation would have allowed sponsors of a local ballot measure to decide how to show the information about taxes or bonds on the ballot label. They would have had two options: (1) include the estimated amount of money to be raised each year, along with the tax rate and how long the tax will last, or (2) add the phrase "See voter guide for tax rate information."[6]
  • Senate Bill 359: The legislation allowed a municipal veto referendum petition to include a summary of the referendum instead of having to include the entire text of the ordinance or the specific part of the ordinance that is being petitioned. Under SB 359, the city attorney is responsible for writing summaries, which must be less than 5,000 words and true and impartial.[7]
  • Senate Bill 681: The legislation allowed proponents of local initiatives to withdraw their measures up to 88 days before the election.[8]

2018

See also: Changes in 2018 to laws governing ballot measures

  • Assembly Bill 890 (Vetoed): Gov. Jerry Brown (D) vetoed AB 890 on October 15, 2018. The legislation would have prohibited citizen-initiated ballot measures to change a municipal general plan or amend zoning ordinances for the purposes of covering a land use approval for a project, changing the land use designation on parcels to more intensive land use, or allowing more intensive land uses within an existing land use designation.
  • Assembly Bill 1947 (Vetoed): Gov. Jerry Brown (D) vetoed AB 1947 on September 18, 2018. The legislation would have banned paying signature gatherers based on the number of signatures collected.[1]
  • Senate Bill 1153: The legislation allowed proponents of a local ballot initiative to withdraw the initiative up to 88 days prior to an election.[2]

2017

See also: Changes in 2017 to laws governing ballot measures

See also: Laws governing ballot measures in California

Approveda California Assembly Constitutional Amendment 17 was designed to delay the effective date for approved ballot measures from the day after the election to "five days after the Secretary of State files the statement of the vote for the election." ACA 17 was set to go before voters for ratification at the June 2018 ballot.

Approveda California Assembly Bill 249 was designed to amend campaign finance restrictions and reporting requirements and other aspects of campaign disclosures. Click here for details.

Approveda California Assembly Bill 195 was designed to extend certain ballot forms required for local initiatives to local measures proposed by local governing bodies.

Approveda California Assembly Bill 1367 was designed to make it a crime for any "company, organization, company official, or other organizational officer in charge of a person who circulates an initiative, referendum, or recall petition who knowingly directs or permits the person to make a false affidavit concerning the initiative, referendum, or recall petition or the signatures appended to the petition," where previously state law made it a crime for a person to make a false affidavit without referring to companies or organizations.

Approveda California Assembly Bill 606 was designed to make certain changes to how the internet is used to send information pamphlets to voters and set certain requirements about the accessibility of information online.

Approveda California Assembly Bill 765 was designed to "require that the election for a county, municipal, or district initiative measure that qualifies for the ballot be the next statewide or regular election, as applicable, unless the governing body of the county, city, or district calls a special election." Going into 2017, whether county or municipal initiatives were on general or special election ballots was determined by the number of signatures on petitions, and elections for district initiatives depended on whether petitions contained a specific request.

Approveda California Senate Bill 96 made changes to the state's process for recall petitions.

Approveda California Assembly Bill 1729 required local county elections officials to retain signature records for a longer period of time.

Approveda California Senate Bill 665 was designed require proponents or opponents of a ballot measure that are submitting official arguments for or against the measure to also submit additional information to election officials.

Defeatedd California Assembly Constitutional Amendment 3 was designed to make the office of the legislative analyst instead of the attorney general responsible for drafting the official ballot title and summary for initiatives and referendums. The ballot title and summary are presented on petition forms during circulation.

(Vetoed) California Assembly Bill 890 was designed to require local citizen initiative proponents to submit their initiatives to county planning commissions, which would have determined if the initiatives have the potential to directly or indirectly affect the environment. If the commission determined the initiative in question would have such an effect, the initiative would have been deemed unsuitable for the initiative process, and the governing body—either the city council or the county board of supervisors—would have held a public hearing at which they would have either approved or rejected the proposed law. This bill was approved by the legislature, but it was vetoed by the governor.

Defeatedd California Senate Bill 651 was designed to do the following:

  • require a disclosure statement concerning a signature gatherer's volunteer or paid status on initiative, referendum, and recall petitions;
  • require a disclosure statement about the top three donors of at least $50,000 or more to the committee behind the initiative, referendum, or recall petition.

Defeatedd California Senate Bill 609 was designed to require city and county elections officials to directly place local initiatives or veto referendums on the next legally available election ballot upon the certification of the sufficiency of the petition and then remove the measure from the ballot upon approval by the local legislative body (city council or board of supervisors). Going into 2017, state law required local elections officials to certify the sufficiency of the petition to the local legislative body upon verification of signatures, but they did not officially certify it for the ballot until the legislative body took action on the initiative or referendum in question.

Defeatedd California Assembly Bill 112 was designed to provide for a 30-day period during which voters could withdraw signatures from a recall petition, to provide for the estimation of costs of a recall election before signatures are certified, to authorize the Department of Finance to direct the controller to provide money to affected counties, and to prohibit the use of random sampling for verifying recall petition signatures.

Right-facing-Arrow-icon.jpg California Assembly Bill 187 was designed to "require a committee to file a report each time it makes contributions or independent expenditures aggregating $5,000 or more to support or oppose the qualification of a single local initiative or referendum ballot measure" and to prescribe rules for such reporting.

Right-facing-Arrow-icon.jpg California Senate Constitutional Amendment 15 was designed to amend the state constitution to include the exercise of initiative power in the definition of local government, thereby requiring the same voter approval thresholds and election timing for tax-related initiatives as for tax-related proposals brought by other governing bodies. Constitutional amendments require voter approval.

Right-facing-Arrow-icon.jpg California Assembly Bill 14 was designed to amend campaign finance restrictions and reporting requirements and other aspects of campaign disclosures.

2016

See also: Changes in 2016 to laws governing ballot measures

See also: Laws governing ballot measures in California
  1. Defeatedd California Assembly Bill 700: Was designed to reform election campaign advertisement disclosure laws.
  2. Defeatedd California Senate Bill 283: Was designed to require the state's legislative analyst to prepare the ballot title and summary for any ballot measure instead of the state's attorney general.
  3. Defeatedd California Assembly Bill 1296: Was designed to establish direct initiative for cities, counties and special districts instead of an indirect process. In other words, under AB 1296, any local initiative petition that was certified by the appropriate elections official to have a sufficient number of valid signatures would have gone directly before voters, rather than having the possibility of first being approved by the relevant local legislative body.
  4. Approveda California Assembly Bill 884: Was designed to apply to "statewide initiatives that the Attorney General has determined would likely result in a violation of an individual’s constitutional rights." This bill was designed to require signatures to be included in public records and accessible to public inspection. It was also designed to require the Attorney General to include his opinion that the initiative would violate constitutional rights in the ballot label and ballot title on the petition and requires a statement explaining that a signature attached to the petition would be subject to the California Public Records Act. It also removed a provision in California elections law that prohibits petition signatures from being used for any other purpose than to qualify an initiative for the ballot. This proposal was introduced partly in response to the “Sodomite Suppression” Initiative filed in 2015.
  5. Defeatedd California Assembly Bill 535: "Existing law requires the Attorney General to provide a ballot label and a ballot title for each measure to be submitted to the voters at a statewide election. Existing law requires the Attorney General to prepare a summary of the chief purposes and points of each statewide ballot measure as part of the ballot title. This bill would impose specified requirements with respect to the content of the ballot title and summary required to be prepared by the Attorney General." (Official summary)
  6. Defeatedd California Senate Bill 611: Was designed to make "technical, nonsubstantive changes" to the section of law addressing circulation requirements for initiative and referendum petitions.
  7. Approveda - Vetoed California Senate Bill 1094: Was designed to "require a person who solicits signatures for a proposed initiative measure and does not receive money or other valuable consideration for the specific purpose of soliciting signatures of electors to make additional declarations, as specified."
  8. Approveda California Assembly Bill 2265: Was designed to authorize the county counsel to prepare a 75-words-or-less summary that explains what a "yes" and "no" vote for a local county ballot measure would mean.
  9. Defeatedd California Assembly Bill 2045: Was designed to make "technical, nonsubstantive changes" to portion of law addressing initiative petitions filings.
  10. Defeatedd California Senate Bill 965: Would make "technical, nonsubstantive changes" to portion of law addressing circulating the title and summary of initiatives.
  11. Defeatedd California Assembly Bill 1457: Would make "technical, nonsubstantive changes" to portion of law addressing petition circulators, certifications, and the use of signatures.

2015

See also: Changes in 2015 to laws governing ballot measures

See also: Laws governing ballot measures in California

Note: Several bills proposing technical, non-substantive changes to language found in laws governing ballot measures were also introduced.

  1. Approveda Assembly Bill 1535: "Existing law authorizes a voter who has signed an initiative, referendum, or recall petition to remove his or her name from the petition by filing a written request to do so with the appropriate county elections official prior to the day the petition is filed. This bill would require the written request filed with the elections official to include the voter’s name, residence address, and signature."
  2. Approveda Assembly Bill 1100: "Existing law requires a fee of $200 to be paid by the proponents when a proposed ballot initiative or referendum is submitted to the Attorney General for preparation of a circulating title and summary. This bill increased the filing fee from $200 to $2,000."This proposal was a response to the “Sodomite Suppression” Initiative filed in 2015.[1]
  3. Right-facing-Arrow-icon.jpg California Assembly Bill 700: Was designed to reform election campaign advertisement disclosure laws.
  4. Right-facing-Arrow-icon.jpg Senate Bill 283: Would require the state's legislative analyst to prepare the ballot title and summary for any ballot measure instead of the state's attorney general.
  5. Right-facing-Arrow-icon.jpg Assembly Bill 1296: Would establish direct initiative for cities, counties and special districts instead of an indirect process. In other words, under AB 1296, any local initiative petition that was certified by the appropriate elections official to have a sufficient number of valid signatures would go directly before voters, rather than having the possibility of first being approved by the relevant local legislative body.
  6. Right-facing-Arrow-icon.jpg Assembly Bill 884: "For statewide initiatives that the Attorney General has determined would likely result in a violation of an individual’s constitutional rights," this bill would require signatures to be included in public records and accessible to public inspection. It would also require the Attorney General to include his opinion that the initiative would violate constitutional rights in the ballot label and ballot title on the petition and would require a statement explaining that a signature attached to the petition would be subject to the California Public Records Act. It would also remove a provision in California elections law that prohibits petition signatures from being used for any other purpose than to qualify an initiative for the ballot. This proposal is in response to the “Sodomite Suppression” Initiative filed in 2015.[1]
  7. Right-facing-Arrow-icon.jpg Assembly Bill 535: "Existing law requires the Attorney General to provide a ballot label and a ballot title for each measure to be submitted to the voters at a statewide election. Existing law requires the Attorney General to prepare a summary of the chief purposes and points of each statewide ballot measure as part of the ballot title. This bill would impose specified requirements with respect to the content of the ballot title and summary required to be prepared by the Attorney General."

2014

See also: Changes in 2014 to laws governing ballot measures

The following bills were introduced in the California State Legislature:

  1. Defeatedd SB 1294: Requires the California Legislative Analyst, instead of the California Attorney General, to prepare the ballot label and the ballot title and summary for all measures submitted to the voters of the state. Claims to further the purpose of the Political Reform Act of 1974. It died in chamber.[1]
  2. Defeatedd ACA 12: Requires petitioners to submit an initiative or referendum petition to the California Secretary of State and requires the secretary of state prepare title and summary, rather than the attorney general. It died in chamber.
  3. Approveda AB 2093: Officially clarifies and specifies that a petition signature deadline that falls on the weekend or a holiday is extended to the next business day. It was introduced in 2014.[2]
  4. Approveda SB 1253: Requires more comprehensive information available for voters about initiatives, including clear summary on Secretary of State website, list of top ten donors on Secretary of State website, public hearings on each initiative at least 131 days before the election. It would also allow initiative proponents to withdraw the initiative at any time prior to certification. It was introduced in 2014.[3][4]
  5. Defeatedd AB 1117: Requires the Secretary of State to provide on the agency's Web site an electronic mail address at which the proponent of a proposed initiative or referendum measure may submit a copy of the petition for the measure in portable document format. Provides that, after receiving the petition, the petition is to be made available to the public through a hyperlink on the Web site that can be downloaded and printed. Requires a specified disclaimer that makes the petition available to the public. This bill was carried over from 2013. It died in chamber.[5]
  6. Approveda AB 882: Amends existing provisions regarding recall petition. Provides that if 500 or more signatures are submitted to the elections official, the election official may verify, using a random sampling technique, either 3% of the signatures submitted or 500 signatures, whichever is greater. This bill was carried over from 2013.[5]
  7. Approveda SB 477: Declares the intent of the Legislature to enact legislation that would prohibit a political campaign committee from accepting large contributions made for the purpose of supporting a statewide initiative ballot measure until the committee has first received a significant number of small individual contributions made for the same purpose. This bill was carried over from 2013.[5]
  8. Defeatedd AB 400[6]: Requires a state or local initiative, referendum, or recall petition circulated by a paid circulator who is paid by a committee to include a disclosure statement identifying the persons from whom the committee received the 5 largest cumulative contributions in support of the measure and the name of their employer, if 2 or more of these contributors have the same employer. Requires this disclosure statement to be updated as specified. This bill was carried over from 2013. It was vetoed by the governor.[7]
  9. Defeatedd ACA 6: Increases the vote requirement of votes cast for the electors to amend the Constitution by an initiative measure to 55%. Permits the electors to repeal a previously adopted initiative or legislative amendment to the Constitution, including certain subsequent amendments to the constitutional amendment, by an initiative measure passed by a majority vote. This bill was carried over from 2013. It died in Chamber.
  10. Approveda AB 510: Requires that a committee file a report if they pay any amount to an individual for his or her appearance in an advertisement to support or oppose the qualification, passage, or defeat of a ballot measure if the advertisement states or otherwise communicates that the individual is a practitioner or member of a profession having expertise or specialized knowledge relating to the subject of the measure. This bill was carried over from 2013.
  11. Defeatedd SCA 6: Proposes an amendment to the Constitution to prohibit an initiative measure that would result in a net increase in state or local government costs, from being submitted to the electors or having any effect unless and until the Legislative Analyst and the Director of Finance jointly determine that the initiative measure provides for additional revenues in an amount that meets or exceeds the net increase in costs. This bill was carried over from 2013. It died in chamber.
  12. Defeatedd SB 121 Requires a corporation that has shareholders located in this state and that makes a contribution or expenditure to, or in support of or in opposition to, a candidate, ballot measure campaign, or a signature-gathering effort on behalf of a ballot measure, political party, or political action committee to issue a report on the political expenditures of the corporation in the previous fiscal year, and to notify shareholders prior to each political contribution.[5][8]
  13. Approveda AB 2219: Makes changes to the notices to the California Secretary of State required during the signature verification process and alters the other portions of the signature verification process and requirements.[9][7]

2013

See also: Changes in 2013 to laws governing ballot measures

The following bills were introduced in the California State Legislature:

Right-facing-Arrow-icon.jpg AB 1117: Requires the Secretary of State to provide on the agency's Web site an electronic mail address at which the proponent of a proposed initiative or referendum measure may submit a copy of the petition for the measure in portable document format. Provides that, after receiving the petition, the petition is to be made available to the public through a hyperlink on the Web site that can be downloaded and printed. Requires a specified disclaimer that makes the petition available to the public.[1]

Right-facing-Arrow-icon.jpg AB 882: Amends existing provisions regarding recall petition. Provides that if 500 or more signatures are submitted to the elections official, the election official may verify, using a random sampling technique, either 3% of the signatures submitted or 500 signatures, whichever is greater.[1]

Right-facing-Arrow-icon.jpg SB 477: Declares the intent of the Legislature to enact legislation that would prohibit a political campaign committee from accepting large contributions made for the purpose of supporting a statewide initiative ballot measure until the committee has first received a significant number of small individual contributions made for the same purpose.[1]

Defeatedd SB 654: Requires proponents of an initiative or referendum measure to disclose specified counties in which petition circulation is planned and requires the Attorney General to prepare translations of the measure title and summary under certain circumstances based on the counties proposed for signature collection. SB 654 was approved in legislature and vetoed by the governor.[1]

Approveda AB 354: Requires the impartial analysis prepared for a local ballot measure to clearly indicate whether the measure was put on the ballot through a citizen petition drive or by the city council, county supervisors, district board of directors or the governing body of the relevant local jurisdiction.[2][3]

Right-facing-Arrow-icon.jpg AB 400: Requires a state or local initiative, referendum, or recall petition circulated by a paid circulator who is paid by a committee to include a disclosure statement identifying the persons from whom the committee received the 5 largest cumulative contributions in support of the measure and the name of their employer, if 2 or more of these contributors have the same employer. Requires this disclosure statement to be updated as specified.

Right-facing-Arrow-icon.jpg ACA 6: Increases the vote requirement of votes cast for the electors to amend the Constitution by an initiative measure to 55%. Permits the electors to repeal a previously adopted initiative or legislative amendment to the Constitution, including certain subsequent amendments to the constitutional amendment, by an initiative measure passed by a majority vote.

Right-facing-Arrow-icon.jpg AB 510: Requires that a committee file a report if they pay any amount to an individual for his or her appearance in an advertisement to support or oppose the qualification, passage, or defeat of a ballot measure if the advertisement states or otherwise communicates that the individual is a practitioner or member of a profession having expertise or specialized knowledge relating to the subject of the measure.

Defeatedd AB 857: Deletes provisions providing that a person who is a voter or is qualified to vote in California is authorized to solicit signatures on an initiative or referendum petition, and requiring that person to declare under penalty of perjury that he or she is a voter or is qualified to register to vote in the state. AB 857 was approved by the legislature but was vetoed by the governor.

Right-facing-Arrow-icon.jpg SCA 6: Proposes an amendment to the Constitution to prohibit an initiative measure that would result in a net increase in state or local government costs, from being submitted to the electors or having any effect unless and until the Legislative Analyst and the Director of Finance jointly determine that the initiative measure provides for additional revenues in an amount that meets or exceeds the net increase in costs.

Right-facing-Arrow-icon.jpg SB 121: Requires a corporation that has shareholders located in this state and that makes a contribution or expenditure to, or in support of or in opposition to, a candidate, ballot measure campaign, or a signature-gathering effort on behalf of a ballot measure, political party, or political action committee to issue a report on the political expenditures of the corporation in the previous fiscal year, and to notify shareholders prior to each political contribution.[1][4]

Approveda SB 213: Repeals the requirement that individuals be qualified to register to vote in the state to circulate petitions for statewide initiatives and referendums or be qualified to register to vote in a local jurisdiction to circulate petitions for local initiatives and referendums.[5]

2012

See also: Changes in 2012 to laws governing ballot measures

The following bills were introduced in the California State Legislature:

Defeatedd AB 1648: Requires that a candidate or ballot measure appearing in the slate mailer be designated by an asterisk if the slate mailer organization or committee primarily formed to support or oppose one or more ballot measures that is sending the slate mailer has received payment to include the candidate or ballot measure in the slate mailer.

Defeatedd AB 2220: Requires an additional paragraph further detailing a ballot measure's impact on state funding to be added to the legislative analysis of the measure.

Defeatedd AB 2294: Makes technical, non-substantive changes to existing law authorizing a person who is a registered voter or who is qualified to register to vote in this state to circulate an initiative or referendum petition anywhere within the state.

Defeatedd ACR 95: Bill description/summary: "This measure would propose that the electors of the state vote at the next statewide general election on the question of whether to call a convention for the purpose of revising the California Constitution."

Defeatedd SB 1296: This bill would require the Legislative Analyst, instead of the Attorney General, to prepare the ballot title and summary for all measures submitted to the voters of the state and would require the Legislative Analyst, instead of the Department of Finance and the Joint Legislative Budget Committee, to prepare any fiscal estimate or opinion required by a proposed initiative measure. The bill would also remove the requirement for the legislature to prepare an argument against any ballot measure it submits to the public.

Defeatedd SCA 19: Transfers the responsibility for writing ballot titles and summaries from the Attorney General to state legislative analyst. Sponsor Jean Fuller contends that the process would be better handled by a nonpartisan official. Attorney General Kamala Harris has been criticized for her handling of state ballot measures.[1]

Approveda California Assembly Bill 1499 (2012): Alters the appearance of ballot items so that all proposed constitutional amendments and bond measures, whether proposed by the legislative referrals or by citizen initiatives, would now appear near the top of statewide ballots.[2] The bill was signed into law by Governor Jerry Brown on June 27, 2012 and a lawsuit against it was filed shortly after.[3] The bill is similar to SB 1039

2011

See also: Changes in 2011 to laws governing ballot measures

The following bills were introduced in the California State Legislature:

Defeatedd California Assembly Bill 1021: Excerpt from bill description/summary: "This bill would, based on the fiscal analysis by the Department of Finance and the Joint Legislative Budget Committee, that a measure which would establish a new or expanded program costing more than $1,000,000 per in any year without providing new revenues or eliminating existing programs to offset those costs, require that specified language be provided to the Attorney General which may be included in the circulating title and summary advising that the proposed initiative does not include sufficient funding to pay the cost of the measure. Existing law directs the Legislative Analyst to prepare an unbiased fiscal analysis of a measure that is included in the ballot pamphlet stating whether the measure would result in increased or decreased costs to the state and an estimate of those costs or savings.[1]
Right-facing-Arrow-icon.jpg California Assembly Bill 1232: Makes a minor change to the wording of Section 101 of the Elections Code.
Right-facing-Arrow-icon.jpg California Assembly Bill 481: AB 481 would require petition circulators to wear a badge designating whether they are a paid or volunteer worker. The law, known to opponents as a "scarlet letter law," specifies that the terms “paid circulator,” “paid signature gatherer,” “volunteer,” or “volunteer signature gatherer” must be printed in at least 30 pt. font on the badge. Similar language must also appear on the petition sheets. The bill has been passed out of committee.[2][3] Citizens in Charge Foundation rating: Reduces initiative rights.
DefeateddCalifornia Assembly Bill 65: "If the Legislative Analyst determines that an initiative measure on the ballot would have a fiscal impact on the General Fund for which additional revenues in an amount that meets or exceeds the net increase in costs are not provided, a statement be included in the ballot pamphlet that the initiative measure will have an impact on the state's General Fund, which will affect the ability of the Legislature to provide funding for enumerated General Fund purposes." Sponsor: Mike Gatto
Defeatedd California Assembly Bill 651: AB 651 would require every group that hires petitions circulators to register with the state and pay a fee. It would additionally require that these groups review state law governing signature collection with petition circulators. Groups would have to provide signed statements verifying that this review had taken place. The bill additionally bans circulator contracts that make pay contingent on the measure's qualifying for the ballot.
Approveda California Assembly Bill 732 (2011): Excerpt from bill description/summary: "This bill would, for state bond measures that are submitted to the voters for their approval or rejection, require the summary of the Legislative Analyst's estimate of the net state and local government fiscal impact to include an explanatory table of the information in the summary."[4]
Defeatedd California Assembly Const. Amendment 5: Excerpt from bill description/summary: "This measure would, until January 1, 2020, prohibit an initiative measure from being submitted to the electors or from having any effect if the initiative measure appropriates state funds for any purpose in an amount exceeding the amount appropriated for that purpose for the 2004–05 fiscal year by more than $250,000 unless the measure provides for additional state revenue or offsetting savings in a total amount that is not less than the amount of the appropriation...This measure would also, until January 1, 2020, prohibit the Treasurer from offering for sale or issuing general obligation bonds unless the measure that authorized the sale or issuance of the bond provides for additional state revenue or offsetting savings in an amount necessary to repay the bond, including principal and interest payments."[5]

Defeatedd California Assembly Const. Amendment 6: Excerpt from bill description/summary: "This measure would require the Legislative Analyst and the Director of Finance to review an initiative measure not later than 15 days after its qualification for the ballot, and report the results of the review to the Secretary of State. This measure would prohibit an initiative measure that the Legislative Analyst or the Director of Finance determines would result in a net increase in state or local government costs exceeding $5,000,000, other than costs attributable to the issuance, sale, or repayment of bonds, from being submitted to the electors or having any effect unless the Legislative Analyst, the Director of Finance, or both, as applicable, determine that the initiative measure provides for additional revenues in an amount that meets or exceeds the net increase in costs. This requirement would provide for an annual adjustment to the amount of that cost threshold, and would not apply to costs incurred due to a provision of an initiative measure that reduces tax revenues, or due to the administration of such a provision."[6]

Right-facing-Arrow-icon.jpg California Assembly Const. Amendment 7: Excerpt from bill description/summary: "This measure would prohibit an initiative measure that would result in a net increase in state or local government costs other than costs attributable to the issuance, sale, or repayment of bonds, from being submitted to the electors or having any effect unless and until the Legislative Analyst and the Director of Finance jointly determine that the initiative measure provides for additional revenues in an amount that meets or exceeds the net increase in costs."[7]

Right-facing-Arrow-icon.jpg California Assembly Const. Amendment 9: Excerpt from bill description/summary: "This measure would require that an initiative that would increase the current vote requirement for an action by either the electors or by the Legislature, or would impose an extraordinary vote requirement for the amendment of an initiative statute by the Legislature without approval by the electors, itself receive the same affirmative vote percentage in order to be approved by the electors."[8]

Right-facing-Arrow-icon.jpg California Assembly Const. Amendment 10: Excerpt from bill description/summary: "This measure would instead authorize the Legislature to amend orrepeal an initiative statute, effective 4 years or more after the date the initiative statute is approved by the voters, unless the initiative statute allows that action by the Legislature at an earlier date. The measure would require that an amendment or repeal of an initiative statute by the Legislature be passed by a percentage of the membership of each house that exceeds the percentage of voters that approved the initiative statute or, if applicable, that approved the most recent amendment of the initiative statute."[9]

Right-facing-Arrow-icon.jpg California Assembly Const. Amendment 11: Excerpt from bill description/summary: "This measure would increase the vote requirement from a majority to 55% of the votes cast for the electors to amend the Constitution by an initiative measure, except that this measure would permit the electors to repeal a previously adopted initiative or legislative amendment to the Constitution, including certain subsequent amendments to that constitutional amendment, by an initiative measure passed by a majority vote."[10]

Right-facing-Arrow-icon.jpg California Assembly Const. Amendment 12: Excerpt from bill description/summary: "This measure would require the Secretary of State to transmit a copy of an initiative measure certified for the ballot to each house of the Legislature no later than 176 days prior to the election at which the measure is to be voted upon. Within 30 days, the Legislature may propose an amended form of the initiative measure by adopting a concurrent resolution." If the proponent(s) accept these changes the amended form of the measure would appear on the ballot.[11][12]

Right-facing-Arrow-icon.jpg California Assembly Const. Amendment 19: ACA 19 proposes a measure substantially similar to ACA 12. However, it further provides that certified initiated statutes can be amended and adopted by the Legislature. The passage and amendment of the statute would be subject to the approval of the proponents and would be required to further the purposes of the measure. Statutes passed in this manner could only be amended or repealed with a two-thirds vote for the first six years and by a simple majority after that.[13]

Defeatedd (Vetoed) California Senate Bill 168: SB 168 would ban pay-per-signature in the State of California. Violation of the law would constitute a misdemeanor offense. Current law does not prohibit the practice, but it does require that petition forms include a notice indicating that the circulator may or may not be a volunteer. Sponsor: Ellen Corbett. The California State Legislature passed SB 168, but Gov. Jerry Brown vetoed it.[14] Citizens in Charge Foundation rating: Reduces initiative rights.

Approveda California Senate Bill 202 (2011): Bill description/summary: SB 22 would require all elections on ballot propositions to take place only in Novembers of even-numbered years. This language was added to SB 22 shortly before it was passed by the California State Legislature in early September 2011. Prior to adding that language, the original bill, which was filed in February 2011 would have changed the filing fee for filing a ballot title from $200 to $2,000.[15]
Defeatedd California Senate Bill 334
Defeatedd California Senate Bill 448: SB 448, much like the recently shelved AB 481, would require petition circulators to wear a badge designating whether they are a paid or volunteer worker. Unlike AB 481, the bill also requires the badge to identify where in California the circulator is registered to vote. While the law does not require the circulator to be registered, unregistered circulators would be identified as "NOT REGISTERED TO VOTE." The bill's sponsor, Sen. Mark DeSaulnier (D), placed AB 481 in the "inactive file" after a house committee passed SB 448. SB 448 has already passed the California State Senate.[16][17] Citizens in Charge Foundation rating: Reduces initiative rights.
Defeatedd California Senate Bill 5: SB 5 would allow the proponent of a successful ballot initiative to join in the legal defense of that measure if its constitutionality were challenged. Sponsor: Tom Harman
Right-facing-Arrow-icon.jpg California Senate Const. Amendment 4: Excerpt from bill description/summary: "This measure would prohibit an initiative measure that would result in a net increase in state or local government costs other than costs attributable to the issuance, sale, or repayment of bonds, from being submitted to the electors or having any effect unless and until the Legislative Analyst and the Director of Finance jointly determine that the initiative measure provides for additional revenues in an amount that meets or exceeds the net increase in costs."[18]
Defeatedd California Senate Const. Amendment 5: Excerpt from bill description/summary: "The California Constitution conditions the imposition of a special tax by a city, county, or special district upon the approval of 2/3 of the voters of the city, county, or special district voting on that tax...This measure would alternatively condition the imposition, extension, or increase of a parcel tax, as defined, by a school district, community college district, or county office of education upon the approval of 55% of its voters voting on the proposition, if the proposition meets specified requirements."[19]

Right-facing-Arrow-icon.jpg California Senate Const. Amendment 9: SCA 9 would permit the legislature to repeal or amend initiated statutes after 3 years. However, a change or repeal would require a majority in both houses that exceeds the margin of victory for the statute in question. The bill would not apply to past measures.

  1. California State Legislature, AB 1021 as Amended, "Legislative Counsel’s Digest," accessed July 11, 2011
  2. California Assembly Bill 481, as amended
  3. California Assembly Bill 481, Bill History (dead link)
  4. California State Legislature, AB 732 as Amended, "Legislative Counsel’s Digest," accessed July 11, 2011
  5. California State Legislature, ACA 5 as Amended, "Legislative Counsel’s Digest," accessed July 11, 2011
  6. California State Legislature, ACA 9 as Amended, "Legislative Counsel’s Digest," accessed July 11, 2011
  7. California State Legislature, ACA 7 as introduced, "Legislative Counsel’s Digest," accessed July 11, 2011
  8. California State Legislature, ACA 9 as Amended, "Legislative Counsel’s Digest," accessed July 11, 2011
  9. California State Legislature, ACA 10 as Amended, "Legislative Counsel’s Digest," accessed July 11, 2011
  10. California State Legislature, ACA 11 as Amended, "Legislative Counsel’s Digest," accessed July 11, 2011
  11. California State Legislature, ACA 12 as Amended, "Legislative Counsel’s Digest," accessed July 11, 2011
  12. Sacramento Bee, "Legislators push to alter Capitol's business-as-usual," December 20, 2010 (dead link)
  13. California State Legislature, ACA 19 as Amended, "Legislative Counsel’s Digest," accessed July 11, 2011
  14. Senate Bill 168, Bill information (dead link)
  15. California State Legislature, AB 732 as Amended, "Legislative Counsel’s Digest," accessed July 11, 2011
  16. California Assembly Bill 448, Bill History (dead link)
  17. California Assembly Bill 481, Bill History (dead link)
  18. California State Legislature, SCA 4 as Introduced, "Legislative Counsel’s Digest," accessed July 11, 2011
  19. California State Legislature, SCA 5 as Amended, "Legislative Counsel’s Digest," accessed July 11, 2011


2010

See also: Changes in 2010 to laws governing the initiative process

The following bills were introduced in the California Legislature:

Approveda California Assembly Bill 2101 (2010): AB 2101 would prohibit any person convicted of an elections fraud offense from accepting employment as a paid voter registration deputy or petition circulator. The proposal passed the California Assembly on May 6, 2010 by an unanimous 74-0 vote[1]. The bill advanced out of Senate Committee on June 15, 2010[2][3]. The Senate approved the bill by an unanimous 34-0 vote on August 9, 2010, with amendments made to the bill. The Assembly approved the Senate version of the bill on August 12, 2010, by a 78-0 vote, and awaits the Governor's signature[4].

Approveda California Assembly Bill 1717 (2010): AB 1717 would allow voters to opt out by mail from receiving the official voter information guide that publishes ballot measures. The bill was approved by the California Assembly on April 12, 2010, by a 71-0 vote, and awaits action in the California Senate[5]. The bill was approved by the California Senate on June 24, 2010 by a 31-0 vote[6]. Governor Arnold Schwarzenegger signed the bill into law on July 6, 2010[7].

Defeatedd AB 6, sponsored by Lori Saldana. AB 6 would have required petition drive management companies to register each year with the government. The bill was approved by the California Assembly on May 28, 2009, by a 49-28 vote[8]. The bill was later approved by the Senate on a 21-15 vote on August 31, 2009[9]. Governor Arnold Schwarzenegger vetoed the bill on October 11, 2009[10].

Defeatedd AB 10: Would prohibit petition circulators from engaging in political activity on public property. The bill died in Legislative committee on January 31, 2009[11].

Defeatedd AB 319, sponsored by Roger Niello, would have the California Legislative Analyst's Office prepare the ballot title and ballot summary for ballot propositions, rather than the California Attorney General. The bill died in Legislative committee on January 31, 2009[12].

Defeatedd AB 436, proposed by Lori Saldana, would raise the state's initiative filing fee over a six-year period from $200 to $2,000[13]. AB 436 was approved by the California Assembly on a 47-28 vote on May 28, 2009[14]. The bill was approved by the California Senate on September 9, 2009 by a 21-18 vote[15]. The bill was vetoed by Governor Arnold Schwarzenegger on October 11, 2009[16].

Defeatedd AB 1278: Would require to California Legislative Analyst's Office to disclose more information on fiscal impact statements and expand the requirement for an impact statement to any measure involving state bonding.

Defeatedd AB 1832: Would incrementally increase the filing fees for initiative petitions in California from $200 to $2,000 from 2011 to 2017. The bill was approved by the California Assembly on April 5, 2010, by a vote of 48-29[17]. The bill advanced out of Senate committee on June 15, 2010, and was approved by the Senate on August 21, 2010 by a 21-15 vote[18][13]. The bill awaits the Governor's signature[13].

Defeatedd AB 1968: Would require the California Legislative Analyst's Office and not the California Attorney General to prepare the ballot title and summary to any qualified ballot measure. The bill was defeated in committee on a final reconsideration vote on May 19, 2010[19].

Defeatedd AB 2088: Would eliminate signature verification for recall petitions with less than 500 signatures and allows temporary appointments for vacant positions in the event of a failed recall effort for the balance of the unserved term. The bill passed the Assembly on May 13, 2010 by an unanimous 76-0 vote[20]. The bill was approved by the Senate on August 26, 2010 by a 37-0 vote[21]. The bill awaits the Governor's signature.

Defeatedd ACA 3: Would allow voters to have the right to approve or deny bond measures over $1 million using state bonds. The amendment advanced out of Assembly committee on August 27, 2009, and is scheduled for a floor vote when the Legislature returns from summer recess[22][23].

Defeatedd ACA 5: Would require any ballot measure using state bonding to be approved on a 55% super-majority. The amendment advanced out of Assembly committee on August 27, 2009, and is scheduled for a floor vote when the Legislature returns from summer recess[24][25].

Defeatedd ACA 13: Would change requirements for indirect initiatives. The proposed measure would give the California Legislature more authority to approve indirect initiatives and increase signature requirements for initiatives not approved by the Legislature. The amendment passed the Assembly on June 1, 2010, by a 48-27 vote and is scheduled for a vote in the Senate when the Legislature returns from summer recess[26][27].

Defeatedd ACA 14: Would limit the number of initiatives placed on the ballot to 5 per an election cycle.

Defeatedd ACA 20: Would require the California Legislative Analyst's Office to write the ballot title and summary instead of the Attorney General.

Defeatedd ACA 21: Would have required citizen-initiated constitutional amendments to earn a 2/3rds super-majority from the voters in order to ratify the amendment. The amendment was approved in Assembly committee on August 27, 2009, and is scheduled for a floor vote when the Legislature returns from summer recess[28].

Defeatedd ACA 1: Would allow a measure on the November 2010 ballot to approve a constitutional convention.

Defeatedd ACR 84: Would create a Constitutional Convention commission to revise the current process for adopting a constitutional convention.

Defeatedd SB 754: Would change the official title and summary written by the Attorney General to 100 words for ballot measures.

Defeatedd SB 795: Would make it a crime for petition circulators failing to disclose the official title and summary from the Attorney General when accepting signatures for initiative petitions.

Defeatedd SB 915: Would require filing fees of unqualified ballot measures to be deposited in the state's general fund.

Defeatedd SB 1202, proposed by Mark DeSaulnier, would require that the California Voter Guide list the five top contributors to each ballot measure, and the amount of their contributions, as of 110 days before the day of the election. (Donations received by ballot proposition campaign committees in the last 110 days of a campaign would not be listed in the pamphlet.)[29]. The bill was approved by the California Senate on June 2, 2010 by a 21-14 vote[30]. An Assembly committee advanced the bill to a floor vote on August 4, 2010, and the full Assembly approved the bill on August 19, 2010, by a 52-26 vote[31][32]. The bill was returned back to the Senate and the Senate approved the final amendments on August 25, 2010 on a 21-11 vote[32]. The bill awaits the Governor's signature.

Defeatedd SB 1203, proposed by Mark DeSaulnier, requires paid initiative circulators to wear a badge. The badge must say in 30-point font, “Paid Signature Gatherer”. The badge must also say the name of the county in California in which the petitioner is registered to vote, and if the circulator is not registered, it must say, “Not Registered to Vote.”[33]. The bill passed the California Senate on May 28, 2010, by a 22-5 vote[34]. The bill was originally placed on inactive status by the request of Representative Charles Calderon on June 28, 2010[35]. The bill was moved from inactive status to being scheduled for a possible floor vote in the Assembly on August 19, 2010[36].

Defeatedd SCA 10: A senate version of ACA 13 that would change the requirements for indirect initiatives in California. The amendment was approved in Senate Committee on August 27, 2009, and awaits a floor vote when the Legislature returns from Summer recess[37][38].

Defeatedd SCA 14: Would ban ballot initiatives that result in a net increase in spending determined by the California Legislative Analyst's Office. The amendment was approved in Senate Committee on August 27, 2009, and awaits a floor vote when the Legislature returns from Summer recess[39][40].

Defeatedd SCA 16: A constitutional amendment switching requirements for indirect initiatives. The amendment allows legislators to switch, approve, or deny citizen initiated constitutional amendments and statutes. The amendment was approved in Senate Committee on August 27, 2009, and awaits a floor vote when the Legislature returns from Summer recess[41][42].

Defeatedd SCA 19: Would require a mandatory 15 year sunset period for ballot measures having a adverse impact on the state's general fund or special segregated funds.

Defeatedd SCR 3: Would authorize a constitutional convention in California on the November 2010 ballot.

  1. California Legislature, "History of Assembly Bill 2101 (2010)
  2. California Legislature, "Committee vote on AB 2101 (2010)," June 15, 2010
  3. California Legislature, "Status of AB 2101" (dead link)
  4. California Legislature, "History of AB 2101 (2010)" (dead link)
  5. California Legislature, "Assembly vote of AB 436 (2010)
  6. California Legislature, "Vote of AB 1717 (2010)-Senate," June 24, 2010
  7. California Legislature, "History of AB 1717 (2010)"
  8. California Legislature "Vote of AB 6-Assembly(2009)"
  9. California Legislature "Vote of AB 6-Senate(2009)"
  10. California Legislature, "Veto of AB 6 (2009)"
  11. California Legislature, "History of AB 10 (2009-2010)"
  12. California Legislature, "History of AB 319 (2009-2010)"
  13. 13.0 13.1 13.2 Associated Press, "Calif. eyes fee hike to file ballot initiatives," April 5, 2010 (dead link) Cite error: Invalid <ref> tag; name "fee" defined multiple times with different content
  14. California Legislature, "Vote of AB 436-House(2009)"
  15. California Legislature, "Vote of AB 436-Senate(2009)"
  16. California Legislature, "Veto of AB 436 (2009)"
  17. California Legislature "Assembly vote of AB 1832 (2010)
  18. California Legislature, "Committee Vote Summary of AB 1832," June 15, 2010
  19. California Legislature, "History of AB 1951 (2010)"
  20. California Legislature, "History of Assembly Bill 2088 (2010)"
  21. California Legislature, "Status of AB 2088 (2010)" (dead link)
  22. California Legislature, "History of ACA 3 (2010)," July 25, 2010
  23. California Legislature, "Status of ACA 3 (2010)"
  24. California Legislature, "History of ACA 5 (2010)," July 25, 2010
  25. California Legislature, "Status of ACA 5 (2010)"
  26. California Legislature, "History of Assembly Constitutional Amendment 13 (2010)
  27. '"California Legislature, "Status of ACA 13 (2010)" (dead link)
  28. California Legislature, "Status of ACA 21(2009-2010)"
  29. Associated Press, "Calif. lawmakers face deadline to pass legislation," May 30, 2010 (dead link)
  30. 'California Legislature, "Vote of SB 1202-Senate(2010)"
  31. California Legislature, "Committee Summary Vote of SB 1202," August 4, 2010]
  32. 32.0 32.1 California Legislature, "History of SB 1202 (2010)" (dead link)
  33. Ballot Access News, "California Senate Passes Bill to Require Circulators to Wear Badges," May 30, 2010
  34. California Legislature, "History of Senate Bill 1203(2010)
  35. California Legislature, "Status of SB 1203 (2010)"
  36. California Legislature, "History of SB 1203" (dead link)
  37. California Legislature, "Status of SCA 10 (2010)" (dead link)
  38. California Legislature, "History of SCA 10 (2010) (dead link)
  39. California Legislature, "Status of SCA 14 (2010)"
  40. California Legislature, "Status of SCA 14 (2010) (dead link)
  41. California Legislature, "History of SCA 16 (2010)"
  42. California Legislature, "Status of SCA 16 (2010)" (dead link)