California ballot proposition
California ballot proposition
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California ballot proposition

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California ballot proposition

In California, a ballot proposition is a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote (or plebiscite). If passed, it can alter one or more of the articles of the Constitution of California, one or more of the 29 California Codes, or another law in the California Statutes by clarifying current or adding statute(s) or removing current statute(s).

Measures can be placed on the ballot either by the California State Legislature or via a petition signed by registered voters. The state legislature can place a state constitutional amendment or a proposed law change on the ballot as a referendum to be approved by voters. Under the state constitution, certain proposed changes to state laws may require mandatory referendums, and must be approved by voters before they can take effect. A measure placed on the ballot via petition can either be a vote to veto a law that has been adopted by the legislature (an optional referendum or "people's veto") or a new proposed law (initiative).

There are three forms of direct democracy in California state elections: mandatory referendums (part of the Constitution of California since 1856), optional referendums, and initiatives.[citation needed]

The initiative and optional (or facultative) referendum were introduced as Progressive Era reforms in 1911, by a constitutional amendment called Proposition 7. According to the Initiative & Referendum Institute at USC, Gov. Hiram Johnson supported the creation of this process to balance the power that corporations, specifically Southern Pacific Railroad, had over legislators. In 2022, with Democrats having a super-majority in both houses of the legislature, corporations have been using this process to challenge the power that unions and other progressive activists currently yield in the legislature.

California Senate Bill 202, passed in 2011, mandated that initiatives and optional referendums can appear only on the November general election ballot, a statute that was controversial at the time, being seen as a self-serving, single-party initiative; the November general election rule for initiatives and optional referendums has nevertheless persisted.[citation needed]

The minimum number of signatures for an initiative petition is at least 8 percent (for an amendment to the state constitution) or 5 percent (for a statute) of the number of people who voted in the most recent election for governor, as per Cal. Const., art. II, § 8(b); Elections Code § 9035. Based on the 2022 gubernatorial (governor) election, which saw a turnout of 10,933,018, initiative statutes require 546,651 signatures whereas initiative proposed constitutional amendments require 874,641. Previously, based on the 12,464,235 turnout for the 2018 gubernatorial election, the minimum number of required signatures needed to be collected was 623,212 for a proposed statute, and 997,139 for a proposed constitutional amendment up until 2022.

The filing fee for submitting an initiative to the ballot was increased from $200 to $2,000 following the signing of a law in September 2015. This fee is refunded if the proposition makes it to the ballot. The $200 fee had been originally set in 1943, and the State Legislature felt that it needed to be increased to discourage people from proposing frivolous or improper measures for the ballot.

Before initiative proponents may gather signatures, the Attorney General prepares an official title and summary for the proposed law, and the California Legislative Analyst's Office submits a report on its estimated fiscal effects. There is a 30-day public review period that begins after the Attorney General receives the submission and the filing fee, where any member of the public may submit public comments on the proposed initiative. The Attorney General then prepares the official title and summary after the public review period. The Legislative Analyst's Office has 50 days after receiving the final version of the proposed measure to prepare its report, and the Attorney General has 15 days after receiving these fiscal estimates to send the final official version of the title and summary to both the Secretary of State and the initiative proponents.

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