California Initiative: Path To Becoming Law

California citizens can propose laws and constitutional amendments without the support of the Governor or the Legislature through ballot initiatives. The process involves writing the text of the proposed law, submitting it to the Attorney General for an official title and summary, circulating petitions to collect signatures from registered voters, turning signatures into county election officials for verification, and getting approval from California voters. The number of signatures required depends on the type of initiative and the number of votes cast in the previous gubernatorial election. The filing fee for submitting an initiative is $2,000, which is refunded if the proposition qualifies for the ballot. The initiative process in California has been used to bring about major policy changes, but it is also expensive, with over $2 billion spent on initiatives since 2000.

Citizens can initiate legislation as a state statute or constitutional amendment

California citizens can propose laws and constitutional amendments without the support of the Governor or the Legislature through the ballot initiative process. Citizens can initiate legislation as a state statute or constitutional amendment.

The process for an initiative to become law is as follows:

• Write the text of the proposed law (initiative draft).
• Submit the initiative draft to the Attorney General for an official title and summary.
• Circulate initiative petitions to collect enough signatures from registered voters.
• Turn signatures into 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 approve or deny the qualified Ballot Initiative.

The Attorney General is responsible for preparing a title and summary for proposed initiative measures before the circulation of qualification petitions. Proponents of the initiative must submit the complete text of the proposed measure, along with the required certifications and a $2,000 filing fee, which is refunded if the measure qualifies for an election ballot. The Attorney General's title and summary cannot exceed 100 words.

The number of signatures required to place a measure on the ballot depends on the type of initiative. For a state statute, 5% of the votes cast for the governor in the preceding election are needed, while an initiative constitutional amendment requires 8%.

The process of gathering signatures and getting on the ballot is time-consuming and costly, and proponents usually seek at least 50% more than the legal minimum number of signatures to compensate for any invalid signatures. Once an initiative qualifies for the ballot, it is classified as eligible for the upcoming statewide ballot. Proponents have the option to withdraw an initiative that is "eligible" for the ballot.

A proposal review is required before circulating a petition

In California, a proposal review is required before circulating a petition for a ballot initiative. This process involves several steps and requirements that must be fulfilled for an initiative to become a law. Here is an overview of the proposal review process:

• Writing the Initiative: The first step is to draft the text of the proposed law, ensuring it complies with specific guidelines such as the single-subject rule and subject restrictions.
• Submitting to the Attorney General: The initiative draft is then submitted to the California Attorney General's office, along with a request for a summary, contact information, and a signed statement from the proponents. A $2,000 deposit is also required, which is refundable if the initiative qualifies for the ballot.
• Proposal Review and Approval: The Attorney General's office prepares an official title and summary for the proposed initiative, ensuring it does not exceed 100 words. This step may also involve seeking assistance from the Office of Legislative Counsel, which can help draft the measure before filing it with the Attorney General.
• Public Review Period: After the initiative is submitted, there is a mandatory 30-day public review period. During this time, citizens can provide input and discuss the initiative. Proponents may make alterations to the initiative based on the feedback received.
• Finalizing the Petition: Once the public review period is complete, sponsors can submit amendments to their proposal before the summary is prepared. These amendments may extend the process timeline.
• Fiscal Impact Statement: If the initiative has a fiscal impact, a fiscal estimate is jointly prepared by the Department of Finance and the Joint Legislative Budget Committee. This estimate is included with the summary and circulating title.

By following these steps, proponents can ensure their proposal is thoroughly reviewed and meets the necessary requirements before circulating a petition for signatures. This process helps to ensure the initiative's compliance with state laws and provides an opportunity for public input and discussion.

A minimum of 5% of votes cast for governor are needed for an initiative statute

California citizens can propose laws and constitutional amendments without the support of the Governor or the Legislature through the ballot initiative process. This process requires a minimum of 5% of the votes cast for the governor for an initiative statute.

The first step in this process is to 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 charges a $2000 filing fee, which is refunded if the measure qualifies for an election ballot. The Attorney General then has 15 days to prepare the title and summary, which by law may not exceed 100 words.

Once the title and summary are prepared, the initiative petitions are circulated to collect signatures from registered voters. The number of signatures required depends on the type of initiative. For an initiative statute, 5% of the votes cast for the governor in the preceding election are needed. For an initiative constitutional amendment, 8% of the votes cast for the governor are required.

After the signatures are collected, they are turned in to the county election officials for verification. The initiative will then either be qualified for the ballot or failed by the Secretary of State. If qualified, the initiative will be put to a vote by California voters, who will approve or deny it.

The process of gathering signatures and getting an initiative on the ballot can be expensive and time-consuming, requiring significant resources to collect the required number of signatures and campaign across the state. However, it provides a way for citizens to propose laws and make public policy changes directly, bypassing the legislature.

The Attorney General prepares an official title and summary for the proposed law

The Attorney General plays a crucial role in the California initiative process. Once the proponents of a proposed law have submitted the full text of the initiative draft, along with the required certifications and a $2,000 filing fee (which is refundable if the measure qualifies for the ballot), the Attorney General prepares an official title and summary for the proposed law. This step is mandated by state law and is crucial for the initiative's progression.

The Attorney General's title and summary are subject to specific requirements. Firstly, the title and summary must not exceed 100 words in length. Secondly, the Attorney General has 15 days to prepare the title and summary after receiving the fiscal estimates from the California Legislative Analyst's Office. The Attorney General then submits the official title and summary, along with the proposed initiative measure, to the Secretary of State.

The Attorney General's title and summary are essential for the next steps in the initiative process, including circulating qualification petitions and providing voters with clear and concise information about the proposed law. This step ensures that the initiative draft is presented accurately and concisely to all stakeholders, facilitating informed decision-making and discussion.

A majority of voters are required for an initiative to pass

In California, a majority of voters are required to pass an initiative for it to become law. This is the case for both state statutes and constitutional amendments.

The number of signatures required for an initiative to be placed on the ballot depends on the type of initiative. For a constitutional amendment, signatures from 8% of the number of people who voted in the most recent gubernatorial election are required, while for a statute, signatures from 5% of the number of people who voted in the most recent gubernatorial election are needed.

For the 2020 and 2022 election cycles, the minimum number of signatures required was 623,212 for a proposed statute and 997,139 for a proposed constitutional amendment.

Once the required number of signatures has been collected, the initiative will be placed on the ballot for the next general election held at least 131 days after its qualification or at any special statewide election before that general election.

To pass, a majority of voters must approve the initiative. This majority refers to a majority of those voting on that specific proposition, rather than a majority of registered voters or a majority of those voting in the election. If the initiative receives a majority of votes, it becomes part of the state constitution or statutes, depending on the type of initiative.

Frequently asked questions