Laws governing the initiative process in California
From Ballotpedia
Citizens in California may:
- amend their constitution through initiative.
- Adopt a new state statute through initiative.
- Overturn legislation passed by the state legislature in the process known as a veto referendum.
- Recall politicians at the state and local level.
Qualifying statewide initiatives
The first step in the process of qualifying an initiated state statute or an initiated constitutional amendment for the ballot is to write the text of the proposed law. The measure's proponents in many cases may obtain assistance from the Legislative Counsel in drafting the measure. To do so, proponents must present the idea for the proposed new law and a request for a draft--signed by 25 or more electors--to the Legislative Counsel. The Legislative Counsel will then draft the proposed law if it is determined that there is a reasonable probability the measure will eventually be submitted to the voters.
The draft of the proposed measure must then be submitted to the Attorney General, who prepares the title and summary. The Attorney General provides the Secretary of State with a copy of this title and summary within 15 days of the receipt of the final version of the measure. The Attorney General works closely with proponents on this language, but the Attorney General has the final say.
Fiscal analysis
If the Attorney General determines that the measure requires a fiscal analysis, the Department of Finance and the Joint Legislative Budget Committee are asked to prepare an analysis within 25 working days from receipt of the final version of the proposed initiative. The fiscal analysis estimates the increase or decrease in revenues or costs to the state or local government.
If, in the opinion of the Dept. of Finance and the Joint Legislative Budget Committee, a reasonable estimate of the net impact of the proposed initiative cannot be prepared within the 25-day period, the Dept. of Finance and the Budget Committee shall instead, within the 25-day period, give the Attorney General their opinion on whether a substantial net change in state or local finances would result from adoption of the proposed initiative. The fiscal analysis is then included in the official summary. (If a fiscal estimate is required, the Attorney General shall prepare the title and summary within 15 days of receipt of the estimate.)
When the official summary is complete, the Attorney General sends it to the proponents, the Senate, the Assembly, and the Secretary of State.
Approval for circulation
Proponents may begin circulating petitions once they receive the official summary from the Attorney General. This usually happens in 30-45 days after first submitting the initiative. The Legislature may conduct public hearings on the proposed initiative, but it cannot amend it.
Number of signatures required
The number of signatures needed to qualify a measure for the ballot is based on the number of votes cast for governor in the most recent gubernatorial election (8,679,048 in the 2006 election). To place a constitutional amendment on the ballot, 694,323 signatures are required (8% of 8,679,048). To place a statute on the ballot, 433,952 signatures (5%) are required. See California signature requirements for more detail.
Signature verification process
This section under construction.
Circulation period
Proponents have 150 days from the date the official summary is issued to complete signature collection. (Signatures collected prior to the time that the official summary is issued are not considered valid.) Each qualified initiative is placed on the next statewide general or special election ballot that is not sooner than 131 days after the initiative qualifies. 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 go to the full check method, more time is required. In 2008, for example, the deadline for submitting signatures for the November ballot is April 21. However, if a full check is required, the deadline is in February.[1]
Historical note: California permitted an unlimited time period for circulation of petitions until 1943.[2]
Distribution requirement
There is no distribution requirement in California.
Restrictions on petition circulators
Circulators must be eligible to vote in California, though they are not required to be registered to vote. [3] To be eligible to vote you must:
- be a United States citizen
- be a resident of California
- be at least 18 years of age (or will be by the date of the next election)
- not be in prison or on parole for conviction of a felony
- not have been judged by a court to be mentally incompetent to register and vote [4]
See also:
Single-subject rule
California initiatives must conform to the single-subject rule.
Legislative tampering
The legislature cannot amend or repeal an initiative, unless doing so is explicitly permitted by the initiative. Of the 24 states with the right of initiative, California is the only state that doesn't let the Legislature amend or repeal citizen initiatives.[5]
General comments
The law specifies the format for the petition. The petition may be circulated by many different people carrying separate, identical parts of the petition called "sections". It is important to follow the prescribed format because the county elections officials will not accept nonconforming petitions for filing. Each section of the petition must contain the full title and text of the measure and each page on which signatures are to appear must contain a copy of the Attorney General's summary in Roman boldface type not smaller than 12-point. The petition must have room for the signature of each petition signer as well as his or her printed name, residence address and community name. Signature spaces must be consecutively numbered commencing with the number 1 for each petition section. A minimum one-inch space shall be left at the top of each page and after each name for use by the county elections official. Pursuant to the Supreme Court's decision in Assembly v. Deukmejian, the petition form must direct signers to include their "residence address" rather than "address as registered" or other address. Non-complying petition forms will be rejected as invalid. Additionally, each section of the petition must contain the name of the county (or city and county) in which it was circulated. Each section shall be circulated among voters of only one county and may be circulated only by registered voters.
Proposed changes
Change in ballot measure funds, 2009
The Fair Political Practices Commission is considering a set of new rules to govern how politicians can raise and spend money for ballot measures. Currently, politicians can raise money for ballot measure funds, but do not have to spend the money in ballot measure campaign accounts specifically for ballot measures. Ross Johnson, the FPPC's chairman, thinks this creates the potential for abuse, referring to the funds as "open-ended slush funds".[6],[7]
Center for Governmental Studies, 2008
Robert Stern of the Center for Governmental Studies in 2008 proposed a series of changes to California's existing initiative laws. These changes include:
- Limit to $100,000 what any one person or corporation can give to an initiative committee.
- Limit to $10,000 all contributions to initiative committees controlled by politicians.
- Extend the time limit for qualifying initiatives to a year.
- Allow the Legislature to review all initiatives that qualify for the ballot, then suggest changes which could be accepted or not by sponsors. The sponsors would have the choice of proceeding with either their original measure or a revised one.[8],[9]
Democratic Party, 2008
An Initiative Reform Task Force met during the California Democratic Party's November 2008 meeting to propose changes in California's initiative process. The recommendations made by the task force include:
- Creating a statewide "watch network" to analyze and distribute information about initiatives as soon as their ballot language is filed with the state, before the signature-collection phase.
- The "watch network" would then distribute these findings "widely on the internet through both websites and e-mail networks. This requires no action by the legislature. It requires grassroots activists to join together and become researchers and bloggers who assemble and disseminate information about the propositions that are about to enter the pipeline."[10]
Recommendations for legislative change in the initiative process made by the group include:
- All initiatives be voted on only in general elections.
- For a constitutional amendment to pass, it must be submitted to the voters in two successive general elections, and must receive 2/3rds of the vote in each election.
- Limit the number of initiatives on each ballot.
- Institute a waiting period after an initiative has been certified for the ballot as having collected sufficient signatures during which the California State Legislature may act.
- Creation of a citizen's committee that would evaluate the ballot titles and ballot summaries prepared by the California Attorney General.
- Require paid signature gatherers to wear a large button or sign that discloses who is paying them.
- Require that the entire language of the measure be on each signature page, or that to each citizen be given a copy that must be read PRIOR to signing the petition.
- History of all previous bond issues with dates and recipients to be prominently disclosed on an initiative involving a bond for the same entity.
The Initiative Reform Task Force includes members from the Progressive Democrats of Los Angeles, the Courage Campaign, the Pacific Palisades and Santa Monica Democratic Clubs, Valley Democrats United, and Westside Progressives.[10]
Speaker's Commission, 2001
In 2001, Speaker of the California Assembly Robert Hertzberg put together a commission to study the state's initiative process and make recommendations. The commission produced a 37-page report.[11]
Relevant legal cases
- Lawsuits, California Proposition 8 (2008), 2009
- Preserve Shorecliff Homeowners v. City of San Clemente, 2008.
- Fashion Valley Mall v. National Labor Relations Board, 2007.
- San Francisco Forty-Niners v. Nishioka, 1999.
- Senate of the State of California v. Bill Jones, 1999.
- Chemical Specialties Manufacturers Association v. Deukmejian, 1991.
- Raven v. Deukmejian, 1990.
- California Trial Lawyers Association v. Eu, 1988.
- Insurance Industry Initiative Campaign Committee v. Eu, 1988.
- People v. Frierson, 1979.
- Robins v. Pruneyard Shopping Center, 1979.
- Amador Valley Joint Union High School District v. State Board of Equalization, 1978.
- Citizens for Clean Government v. City of San Diego
- Reitman v. Mulkey, 1967.
- McFadden v. Jordan, 1948.
External links
- California Constitution and Statutory Provisions by the I&R Institute
- California Initiative Guide
- Sample Petition
- California election results
- Democracy By Initiative
- Provisions of the California Constitution dealing with I & R
- Editorial: Initiative process needs overhaul
References
- ↑ Suggested initiative deadlines from the California Secretary of State
- ↑ Democracy By Initiative p. 131
- ↑ California Secretary of State's Initiative Guide
- ↑ CA SOS Who May Register To Vote
- ↑ Contra Costa Times, "Questions raised about ballot measures", November 20, 2008
- ↑ Sacramento Bee, "FPPC targets ballot campaign accounts", January 15, 2009
- ↑ Fresno Bee, "Politicians find ways to conceal donors", January 19, 2009
- ↑ Hollister Free Lance, "Time for initiative to fix initiatives", July 22, 2008
- ↑ San Francisco Chronicle, "Initiative reform has losts its way", July 27, 2008
- ↑ 10.0 10.1 Calitics, "Change California's Initiative Process Now!", November 30, 2008
- ↑ The Speaker's Commission on the California Initiative Process, June 27, 2001
Note
Preparation of this article was assisted by the California guide provided by the Initiative & Referendum Institute.
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