Keith Mack
California residents can propose laws and constitutional amendments without the support of the Governor or Legislature through the ballot initiative process. This process involves writing the text of the proposed law (initiative draft) and submitting it to the Attorney General for an official title and summary. The Attorney General is responsible for preparing a title and summary for proposed initiative measures before the circulation of qualification petitions, and the proposed measure must be submitted with required certifications and a $2,000 filing fee, which is refundable if the measure qualifies for an election ballot. After the initiative is submitted, there is a 30-day public review period where citizens can provide input and discuss the initiative. Proponents of the initiative may alter it based on the feedback received during this period. Once all the required materials are submitted, the Attorney General assigns a unique identifying number and drafts a circulating title and summary within 15 days. The process also involves circulating petitions to collect signatures from registered voters, which are then submitted to county election officials for verification. The Secretary of State then determines whether the initiative qualifies for the ballot or fails. California voters ultimately approve or deny qualified ballot initiatives.
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What You'll Learn
Write a draft of the proposed law
To propose a law as a California resident, you must write the text of the proposed law (initiative draft). This is a critical step in the process, as it will form the basis of your entire campaign. Here are some detailed instructions and considerations to keep in mind when writing the draft of your proposed law:
Instructions for Writing the Draft:
- Focus on a Single Subject: According to Article II, Section 8 (d) of the California Constitution, each proposed measure must address only one subject. Ensure your draft law has a clear and singular focus.
- Understand the Scope: Your proposed law should not treat different political subdivisions (cities, counties, etc.) differently based on their approval or disapproval of the measure. It also cannot make any provisions dependent on a certain percentage of voters approving or disapproving. (Article II, Section 8 (d, f) of the California Constitution).
- Seek Legal Assistance: You may want to seek assistance from the Office of Legislative Counsel in drafting the measure. They can provide guidance and ensure your draft aligns with legal requirements.
- Include Necessary Elements: Your draft should include a clear and concise statement of the issue you want to address and the proposed solution in the form of a new law or amendment. Ensure it is properly formatted and structured according to any state guidelines.
- Consider Fiscal Impact: Many states conduct a fiscal review to analyze the potential financial impact of proposed laws. Consider including or addressing this aspect in your draft, as it will be reviewed before circulation.
Submitting the Draft:
Once you have prepared your initiative draft, you will submit it to the California Attorney General's office. Along with your draft, you must provide:
- A request for a summary and the proposed law's official title.
- Your contact information.
- A signed statement certifying that you are a qualified elector.
- A refundable $2,000 deposit or filing fee.
After submitting your draft and supporting documents, the Attorney General will prepare a brief circulating title and summary (limited to 100 words) and assign a unique identifying number to your proposed measure. This marks the beginning of the initiative process, and you will then circulate petitions to collect signatures from registered voters to get your proposed law on the ballot.
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Submit the draft to the Attorney General
California residents can propose laws through the ballot initiative process, which does not require the support of the Governor or the Legislature. This process involves several steps, including writing the text of the proposed law (initiative draft) and submitting it to the Attorney General for an official title and summary. Here is a detailed guide on submitting the draft to the Attorney General:
Understanding the Role of the Attorney General
- The Attorney General is responsible for preparing a title and summary for proposed initiative measures before the circulation of qualification petitions.
- The Attorney General's Office provides an official title and summary, ensuring that the proposed law complies with state law requirements and is clearly understood by citizens.
Preparing the Initiative Draft
- Write the text of the proposed law, ensuring it adheres to the requirements outlined in the California Constitution. For example, it must address only one subject and cannot treat different political subdivisions differently based on the approval or disapproval of the measure.
- Proponents may seek assistance from the Office of Legislative Counsel in drafting the measure before filing it with the Attorney General. This step can help ensure that the draft aligns with legal frameworks and legislative procedures.
Submitting the Draft
- Submit the complete text of the proposed initiative measure to the California Attorney General's Initiative Coordinator.
- Along with the draft, provide the required certifications and a $2,000 filing fee. This fee is refundable if the measure qualifies for an election ballot.
- Include a request for a summary, contact information, and a signed statement certifying that the proponents are qualified electors.
- Sign and submit a statement promising not to use the collected signatures for any purpose other than the initiative.
Review and Finalization
- After receiving the draft, the Attorney General has specific tasks and deadlines to complete. They must draft a brief circulating title and summary within 15 days of receiving the fiscal statement (if applicable).
- The Attorney General will also assign a unique identifying number to the measure. This number is separate from the ballot number.
- Once the Attorney General provides the title and summary, it is submitted, along with the proposed initiative measure, to the Secretary of State.
It is important to carefully follow the guidelines and procedures outlined by the Attorney General's Office to ensure a smooth submission process. This step is crucial in the initiative process, as it provides an official framework for the proposed law and allows for public circulation and consideration.
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Collect signatures from registered voters
California residents can propose a law by collecting signatures from registered voters through a ballot initiative process. This process allows citizens to propose laws and constitutional amendments without requiring the support of the Governor or the Legislature.
To begin, proponents must write the text of the proposed law (initiative draft) and submit it to the Attorney General for an official title and summary. The Attorney General is responsible for preparing a title and summary for proposed initiative measures before the circulation of qualification petitions. The proposed measure must be submitted with the required certifications and a $2,000 filing fee, which is refundable if the measure qualifies for an election ballot. After preparation, the title and summary are submitted with the proposed initiative measure to the Secretary of State.
Once proponents have submitted all the required materials, there is a 30-day public review period where citizens can provide input and discuss the initiative. Proponents may alter the initiative based on the feedback received during this period. After the review period, sponsors may submit amendments to their proposal, which must include a new summary/title request signed by all proponents.
Initiative petitions are then circulated to collect signatures from registered voters. The number of signatures required may vary, and it is important to verify the specific requirements for a particular initiative. Signatures are turned over to county election officials for verification. The initiative will either be qualified for the ballot or failed by the Secretary of State after verifications and deadline dates. California voters will then have the opportunity to approve or deny the qualified ballot initiative.
It is important to note that each petition in California 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 mandated to disclose their paid or unpaid status. Additionally, while electronic signatures are not prohibited, their constitutionality and legality are still subject to debate.
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Submit the signatures for verification
To propose a law in California, one of the steps is to submit signatures for verification. This is a crucial part of the process, as it ensures that the proposed initiative has sufficient support from the public. Here is a detailed guide on this step:
Submitting Signatures for Verification:
Once the petition has been drafted and reviewed by the California attorney general, proponents of the initiative must begin gathering signatures. It's important to note that each petition in California must carry the notice: "THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK." This informs signers that they can inquire about the circulator's paid or volunteer status, although circulators are not mandated to disclose this information voluntarily.
In California, signature gatherers were once required to be qualified state voters and residents, but this mandate was removed in 2013 with the passing of Senate Bill 213. This means that anyone can now gather signatures for an initiative, regardless of their voter qualification or residency status in California.
After the signatures have been collected, they must be submitted for verification. This process ensures that the signatures are valid and genuine. In California, there are specific requirements for signature verification:
- Electronic Signatures: California accepts electronic signatures, which are defined as an "electronic sound, symbol, or process attached to or logically associated with an electronic record." However, the state also requires that these signatures be unique, capable of verification, under the sole control of the signer, and linked to data in a specific manner.
- Verification Technology: California's Secretary of State maintains an "Approved List of Digital Signature Certification Authorities." While a digital signature provider need not be on this list, they must offer their service with a certificate issued by an authority mentioned on the list if they are to be used for digitally signing communications with public entities.
- Signature Dynamics: California considers two types of signatures: PKC signatures and signature dynamics signatures. PKC signatures are immediately verifiable through third-party certification and offer a higher level of security. On the other hand, signature dynamics signatures are easier to understand for the average user but require additional steps for verification, such as handwriting analysis.
- Physical Signatures: For physical signatures on printed documents, the original signed document must be made available for inspection and copying by the court or any other party.
It is important to note that proponents of the initiative must submit a sufficient number of valid signatures for the process to move forward. The number of required signatures may vary depending on the specific requirements of the proposed law or initiative.
By following these guidelines, California residents can effectively submit signatures for verification, bringing them a step closer to proposing a new law.
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The governor must sign or veto the bill
Once a bill passes both chambers of the legislature, it goes to the governor, who has three options: they can sign the bill into law, allow it to become law without their signature, or veto it. If the governor chooses to veto the bill, the legislature can override the veto with a two-thirds majority in both chambers. This is known as a "line-item veto", where the governor may eliminate or reduce certain items in the bill while approving other portions. The legislature then has 60 calendar days to act upon the veto.
If the governor approves a bill, they sign, date, and deposit it with the Secretary of State. Most bills, whether signed by the governor or passed as a result of an override, go into effect on January 1 of the next year. However, urgency measures and certain other bills take effect immediately after being enacted into law. These bills require a two-thirds vote for passage and address issues affecting the public peace, health, or safety.
The process of a bill becoming a law in California can be complex and lengthy. It involves multiple stages, including readings, committee hearings, amendments, and votes in both houses of the legislature. The governor's role in signing or vetoing the bill is a crucial step in this process, and their decision can be overridden by the legislature if there is sufficient support.
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Frequently asked questions
California residents can propose laws through the ballot initiative process, which does not require the support of the Governor or the Legislature. First, write the text of the proposed law (initiative draft). Then, submit the draft to the Attorney General for an official title and summary. After that, initiative petitions are circulated to collect signatures from registered voters. Finally, signatures are turned into county election officials for verification.
After submitting the initiative draft, the Attorney General must draft a brief (limited to 100 words) circulating title and summary. The Attorney General must also assign the measure a unique identifying number within 15 days. Once the measure has been submitted, sponsors may submit amendments to their proposal before the summary is prepared.
The proposed measure must be submitted with required certifications and a $2,000 filing fee, which is refunded if the measure qualifies for an election ballot. The proposed measure must address only one subject.
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." Circulators are not required to volunteer their paid/unpaid status. Signatures are turned into county election officials for verification.
