Understanding California's Proposition Laws: Effective Dates And Implementation

In California, ballot propositions are a way for voters to directly change laws, allowing them to have a say in what the government does. Ballot propositions can be proposed by the state legislature or citizens. They can be used to add, repeal, or amend provisions of the California Constitution or statutes. Proposed initiatives are submitted to the Attorney General, who prepares a title and summary. If a proposition passes with a simple majority vote, it becomes a part of the state constitution or the state's statutes.

Ballot propositions: how they become law

Ballot propositions, also known as ballot measures, are a way for voters in California to directly change laws. They give people the power to have a say in what the government does. There are two types of ballot propositions: legislative measures and initiative measures.

Legislative Measures

The state legislature has the authority to place propositions on the ballot after it reaches a majority vote. Legislative measures can be further classified into two types:

• Legislative constitutional amendments: These measures seek to change parts of the California Constitution by either proposing new laws or refining existing ones.
• Legislative statutes: These ballot measures also add or adjust laws, but they can't conflict with the state or federal constitution. Legislative statutes are most commonly seen with lower-ticket measures.

Initiative Measures

Non-politicians can get statewide measures on the ballot through the initiative process. To get started, someone, usually a lawyer, writes the measure. Then they have to gather signatures of support from the public. Initiative measures can also be divided into two types:

• Initiative constitutional amendments: Similar to legislative amendments, non-politicians have the chance to shape the California Constitution.
• Initiative statutes: Voters can amend statutes too, but the valid signature requirement is about a third less.

The process of turning a ballot proposition into law is called the initiative process. This process has existed in California since 1911 and gives the electorate the power to propose statutes and amendments to the California Constitution. Here are the steps for a ballot proposition to become law:

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

Additional Information

• Ballot propositions can be proposed either by the Legislature or citizens.
• Ballot measures are given numbers starting at one and increasing for a span of 10 years. Every 10 years, they restart using numbers from one again.
• Statewide propositions pass with a simple majority vote.

Legislative measures vs initiative measures

California's initiative process, which has existed since 1911, allows citizens to propose statutes and amendments to the California Constitution. This is done through ballot propositions, which can be proposed by the Legislature or citizens.

Legislative Measures

Legislative propositions begin as resolutions or bills and are adopted like other legislative measures. They are placed on the ballot by the California State Legislature, which can place a state constitutional amendment or a proposed law change on the ballot as a referendum to be approved by voters. Certain proposed changes to state laws may require mandatory referendums and must be approved by voters before they can take effect.

Initiative Measures

Initiative measures are proposed by citizens and initiated as either a state statute or a constitutional amendment. They are started by petitions circulated for a requisite number of voter signatures. Proposed initiatives are submitted to the Attorney General, who prepares a title and summary. The Legislature may conduct public hearings on the proposed initiative, but it cannot amend it.

Once the initiative is submitted, there is a 30-day public review period in which citizens can give input and discuss the initiative. Proponents are allowed to alter the initiative according to suggestions and discussions. After the public review period, the Attorney General prepares the official title and summary.

Supporters of the initiative then have a set amount of time to gather the required number of signatures (the exact number of days varies depending on the source). Individuals who sign a petition for a citizen-initiated measure must be registered voters in California. Once all the signed petitions have been collected, they are submitted to each appropriate county elections official. Each county then has eight working days to report the raw count of signatures to the Secretary of State, who then determines if the counties can proceed with verifying the signatures or if the initiative proponents have failed to get the required number of signatures.

If the initiative qualifies, it is placed on the ballot at the next general election held at least 131 days after it qualifies. The Governor may also call a special statewide election for the measure. The total approximate time estimated to place a statewide initiative measure on the ballot is 12 months.

Both legislative and initiative measures allow for changes to be made to the California Constitution and laws. However, initiative measures give citizens more direct power to propose and make changes to laws by bypassing the Legislature. Legislative measures, on the other hand, go through the traditional legislative process and are placed on the ballot by the Legislature.

The role of the Attorney General

The Attorney General plays a crucial role in the process of turning a proposition into law in California. Here is an overview of their responsibilities:

• Preparing a title and summary for proposed initiatives: The Attorney General is responsible for creating a clear and concise title and summary for each proposed initiative. This is done prior to the circulation of qualification petitions and must not exceed 100 words.
• Receiving and reviewing proposed initiatives: Before an initiative can move forward, it must be submitted to the Attorney General's Office, along with a $2000 fee. The public then has 30 days to provide comments and suggestions, which the proponents of the initiative can use to make amendments.
• Coordinating with other departments: The Attorney General works closely with the Legislative Analyst's Office (LAO) and the Department of Finance (DOF) to ensure a comprehensive understanding of the initiative's impact. The LAO and DOF provide a joint analysis of the initiative's potential effects on state and local finances.
• Finalizing the initiative for circulation: After receiving the fiscal analysis from the LAO and DOF, the Attorney General has 15 days to prepare the final version of the title and summary. This is then submitted, along with the fiscal estimates, to the Secretary of State and the initiative's proponents.
• Facilitating the signature-gathering process: Once the title, summary, and fiscal estimates are finalized, supporters of the initiative have 180 days to gather the required number of valid signatures. The Attorney General's Office provides guidance and ensures compliance with the necessary legal requirements.
• Certifying the initiative for the ballot: After the signatures have been verified by county election officials, the Attorney General's Office plays a role in certifying that the initiative has met all the necessary criteria to be placed on the ballot.

The Attorney General's role is critical in ensuring the integrity and legality of the initiative process in California. They provide essential guidance, facilitate public input, and help to ensure that initiatives are properly prepared and certified before being presented to voters for a direct decision.

The power of the electorate

The initiative process in California gives citizens a direct say in adding, repealing, or amending provisions of the state's constitution or statutes. This is a form of direct democracy, where voters can bypass the Legislature and directly influence the law-making process. The process is as follows:

• A proposed initiative is submitted to the Attorney General, who prepares a title and summary.
• The Department of Finance and the Legislative Analyst may conduct a joint fiscal analysis of the proposed initiative's impact on state and local governments.
• The Attorney General then prepares an official summary, and the Legislature may hold public hearings on the proposal, but cannot amend it.
• Initiative supporters collect signatures from registered voters, with the required number of signatures depending on the type of initiative.
• County clerks validate the signatures, and the Secretary of State verifies them before qualifying initiatives for the ballot.
• A qualified initiative is placed on the ballot at the next general election, held at least 131 days after it qualifies.
• For an initiative to pass, it must receive a majority vote. If approved, it takes effect the day after the election, unless otherwise specified.

In addition to proposing initiatives, California citizens also have the power to approve or reject statutes through referendums. Referendums can be used to veto laws already adopted by the state legislature or to approve or reject new statutes. Similar to initiatives, referendums require a certain number of signatures from registered voters to qualify for the ballot.

Overall, the initiative and referendum processes in California empower citizens to have a direct say in law-making and hold significant weight in shaping the state's policies and laws.

The financial impact of propositions

Ballot propositions in California can have a significant financial impact, as they allow citizens to propose, amend, or repeal provisions in the state constitution or statutes directly. This process can lead to changes in taxation, government spending, and various other areas with financial implications. Here is an overview of the financial impact of ballot propositions in California:

The Initiative Process

The initiative process in California, in place since 1911, empowers citizens to propose statutes and amendments directly. This process enables citizens to bypass the state legislature and have a direct say in shaping the laws that govern them. Proposed initiatives are submitted to the Attorney General, who prepares a title and summary. The Department of Finance and the Legislative Analyst may also conduct a joint fiscal analysis to assess the potential financial impact on state and local governments. This analysis is crucial for understanding the potential financial consequences of a proposition.

Financial Implications of Passed Propositions

Once a proposition is passed by a majority vote, it can have wide-ranging financial implications for California. For example, Proposition 13 in 1978 significantly influenced how the government collects and spends tax dollars. It provided property tax relief for homeowners but also shifted budget responsibilities for certain public services to the state. Another example is Proposition 98, the "California Instructional Improvement Act," which guarantees minimum funding levels for K-14 schools to support student population growth and keep up with inflation. This proposition impacts the state's budget and how funds are allocated.

Campaign Financing

The campaigns surrounding ballot propositions can also involve significant financial resources. For instance, in 2022, support and opposition campaigns for various propositions amassed over $720 million in contributions. The most expensive ballot measures, Proposition 26, and Proposition 27, attracted a combined total of more than $460 million in supporter and opponent contributions. The high cost of campaigning can be a barrier for some organizations and individuals, giving an advantage to those with greater financial resources.

The Referendum Process

In addition to initiatives, California also has a referendum process, which allows citizens to approve or reject statutes. While less frequently used, referendums can also have financial implications. For instance, a referendum could be used to veto a law that increases taxes or makes significant budgetary changes. This process gives citizens a tool to shape fiscal policy directly.

Overall Impact

Overall, ballot propositions in California have had a substantial financial impact, influencing taxation, government spending, and various policy areas. They provide citizens with a powerful tool to shape the laws and finances of the state, bypassing the traditional legislative process. However, the high cost of campaigning and the complexity of policy implementation can also be challenging aspects of the proposition system.

Frequently asked questions