Proposition To Law: The Process Explained

Propositions, also known as ballot measures, are a way for voters to directly change laws. In California, citizens can propose laws and constitutional amendments without the support of the Governor or Legislature. This is known as the initiative process.

The first step in the initiative process is to write the text of the proposed law (initiative draft). The draft is then submitted to the Attorney General for an official title and summary. If the initiative is cleared, petitions are circulated to collect signatures from registered voters. Once enough signatures are collected, the initiative will either be qualified for the ballot or failed by the Secretary of State. If qualified, the proposition will be put to a vote, and if approved by a majority of voters, it will become law.

Legislative measures: The state legislature can place propositions on the ballot after a majority vote

Legislative measures are one of two ways that propositions can be placed on the ballot. The other way is through initiative measures. Legislative measures are proposed by the state legislature and require a majority vote to be placed on the ballot. Legislative measures can also be referred to as 'legislatively referred' amendments or statutes.

Legislative measures can be further broken down into two types: legislative constitutional amendments and legislative statutes.

Legislative constitutional amendments seek to change parts of the state constitution by proposing new laws or refining existing ones.

Legislative statutes, on the other hand, add or adjust laws but cannot conflict with the state or federal constitution. Legislative statutes are more common with lower-ticket measures, such as a proposition to change daylight savings time.

Legislative constitutional amendments: These seek to change the constitution by proposing new laws or refining existing ones

In the United States, the Constitution can be amended or refined through a legislative proposal, a convention to revise the constitution, or an initiative. Legislative proposals require a roll call vote in the Legislature with two-thirds of the members of each house concurring. A convention to revise the constitution also requires a roll call vote in the Legislature with two-thirds of each house's membership concurring. Any amendment proposed by the convention may then be submitted to the voters at a general election.

In California, citizens can propose laws and constitutional amendments without the support of the Governor or the 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. Initiative petitions are then circulated to collect signatures from registered voters, which are turned 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. Finally, California voters will approve or deny the qualified Ballot Initiative.

At the federal level, the process of amending the Constitution is outlined in Article V of the Constitution. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a convention to propose amendments called by Congress at the request of two-thirds of the state legislatures. The President does not have a constitutional role in the amendment process. Once an amendment is proposed, it must be ratified by three-quarters of the states (38 out of 50) either through their legislatures or ratifying conventions. The Archivist of the United States administers the ratification process and officially notifies the states that an amendment has been proposed. Each Governor then submits the amendment to their state's legislature or ratifying convention. When a state ratifies the amendment, they send an original or certified copy of the state's action to the Archivist. Once the necessary number of state ratifications is received, the Archivist issues a certificate proclaiming the amendment duly ratified and part of the Constitution.

Overall, the process of amending or refining the Constitution through legislative constitutional amendments involves proposing new laws or changes to existing ones, securing the necessary votes in the Legislature and/or among the states, and following the ratification process administered by the Archivist of the United States.

Initiative measures: Non-politicians can get statewide measures on the ballot by writing and gathering signatures of support from the public

In California, citizens can propose laws and constitutional amendments without the support of the Governor or the Legislature through the ballot initiative process. This direct initiative process is a form of direct democracy that empowers citizens to bypass the traditional legislative route and have a direct say in adding, repealing, or amending provisions of the California Constitution or statutes.

For non-politicians to get statewide measures on the ballot, they must first write the text of the proposed law (initiative draft). This involves drafting the specific language of the measure, ensuring it aligns with the relevant legal framework. The draft is then submitted to the Attorney General for an official title and summary. This step requires a \$2000 filing fee, which is refunded if the measure qualifies for an election ballot. The Attorney General's title and summary are limited to 100 words by law.

Once the draft is submitted, the proponents can begin circulating initiative petitions to collect signatures from registered voters. The number of signatures required depends on the type of measure. For a Constitutional amendment initiative, a petition with certified signatures from 8% of the total vote for all candidates for Governor in the most recent gubernatorial election must be submitted to the Secretary of State. For an Initiative Statute, the requirement is 5% of the total vote for all candidates for Governor in the previous gubernatorial election.

After the signatures are collected, they are submitted to county election officials for verification. The initiative will then either be Qualified for the Ballot or failed by the Secretary of State, based on the verification results and deadline dates. If qualified, the measure will be placed on the next general election ballot or a special statewide election, allowing California voters to approve or deny the proposed law.

Initiative constitutional amendments: Non-politicians can shape the constitution by gathering enough valid signatures

In the United States, the Constitution can be amended or revised through a legislative proposal, a convention to revise the constitution, or an initiative. The initiative process allows citizens to propose laws and constitutional amendments without the support of the Governor or the Legislature.

In California, citizens can use the direct initiative process to bypass the Legislature and directly add, repeal, or amend provisions of the California Constitution or statutes. This is done through the use of ballot propositions, which can be proposed by citizens or the Legislature. Citizen ballot propositions are started by circulating petitions for the requisite number of voter signatures.

To be included on the ballot, a Constitutional amendment initiative in California requires a petition to be submitted to the Secretary of State with certified signatures from 8% of the total vote for all candidates for Governor at the most recent gubernatorial election. The initiative will then be placed on the next general election ballot held at least 131 days after its qualification or at any special statewide election held prior to that general election.

A majority of electors must vote to approve the proposed amendments or revisions. If successful, the changes will take effect the fifth day after the Secretary of State files the statement of the vote for the election unless the language of the amendment/revision states otherwise.

Referendum: Voters can approve or reject a statute enacted by the state legislature, repealing a law

A referendum is a process in which voters are given the power to approve or reject a statute enacted by the state legislature, or repeal a law. This is a form of direct democracy, where the public is given a direct say in the law-making process. In the US, referendums are held at the state level, as the US Constitution does not allow for them to be held federally.

In the state of California, for example, citizens have the right to petition for a referendum. The California Constitution describes a referendum as:

> the power of the electors to approve or reject statutes or parts of statutes except urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations for usual current expenses of the State.

In California, a referendum measure is put to a vote when over five percent of voters sign the petition. For instance, in November 2020, California voters approved a referendum that repealed a statute defining app-based drivers, such as Uber and Lyft drivers, as employees rather than independent contractors.

Referendums can be classified in several ways:

• Citizen vs. Government-Initiated: In a citizen-initiated referendum, a certain percentage of eligible voters petition the government for amendments to the legislature or specific articles within the law. These are typically non-binding. In a government-initiated referendum, the government authorities start the referendum, usually to approve proposed constitutional changes into law.
• Mandatory vs. Optional: A mandatory referendum is initiated by specific legal provisions and doesn't require a petition from the public. A mandatory referendum is often used for ratifying constitutional amendments. An optional referendum results from a request from an organisation's executives or a country's legislative branch.
• Binding vs. Consultative: The results of a binding referendum must be acted upon as stipulated by a state, country, or organisation's constitution. In a consultative referendum, the government or authorities can partially act on any resolutions from the election, or may require further deliberation and an additional referendum. Optional referendums are usually consultative.

Referendums can be a powerful tool for citizens to have a say in the laws that govern them, but they have also been criticised as a form of "tyranny of the majority", where vulnerable minorities may be adversely affected by the outcome.

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