California Ballot Law: Effective Date And What To Expect

California's ballot law, which prohibits local governments from mandating voter identification, will become effective on January 1, 2025. The law was passed by California Governor Gavin Newsom in 2024, and it is part of a package of laws aimed at addressing retail theft in the state. The new law will also increase penalties for car break-ins and auto theft, as well as create a new crime for possessing stolen property taken during vehicle theft or unlawful entry of a car.

Ballot laws regarding voter identification

California's ballot law, Senate Bill No. 1174, was signed by Governor Gavin Newsom on September 29, 2024, and took effect on January 1, 2025. The law prohibits local governments from requiring voters to present identification when casting their ballots at the polls.

Voter identification laws have been a contentious issue in the United States, with proponents arguing that they address concerns about election integrity and opponents expressing concerns about voter disenfranchisement. California, as a state, does not require voters to present identification before casting a ballot. However, there are certain scenarios in which voters may be asked to show a form of identification:

• Registration: Individuals must verify their identity when registering to vote. They are required to provide their driver's license number, state ID card number, or the last four digits of their Social Security number. If they do not have any of these, they can leave that section blank on the registration form.
• First-Time Voters: If individuals did not verify their identity during registration, they must provide ID the first time they vote for the President or Congress. They will be notified if they need to provide ID with their ballot.
• Mail-In Voting: California is a vote-by-mail state, and mail ballots are automatically sent to all registered voters. If individuals did not verify their identity during registration, they must provide ID the first time they vote by mail for the President or Congress.
• Signature Verification: The signature on the ballot must match the signature on file with the state. If there is a mismatch, voters will be notified and must complete and return a Signature Verification Statement form.

It is important to note that California is one of 14 states that do not require voters to show identification at the polls. The new ballot law, SB 1174, was enacted to prohibit local governments from imposing their own voter ID requirements, ensuring a uniform process across the state. This law specifically targeted cities like Huntington Beach, which had approved a charter amendment to require identification at municipal elections.

California's ballot law, SB 1174, effectively prevents local governments from enacting voter identification requirements, ensuring that voters across the state are subject to the same rules and processes when casting their ballots. This law aligns with California's commitment to making voting accessible to all eligible citizens and preventing unnecessary obstacles to voter participation.

Ballot laws regarding initiative processes

California's Ballot Initiative Process

In California, citizens can initiate legislation as either a state statute or a constitutional amendment. They also have the power to repeal legislation through a veto referendum. The California State Legislature can also place measures on the ballot as legislatively referred constitutional amendments or state statutes.

The process of crafting an initiative involves several steps, including:

• Single-subject rule: Each proposed measure must address only one subject.
• Subject restrictions: An initiated measure cannot apply differently to various political subdivisions (cities, counties, etc.) based on the approval/disapproval of the measure in those subdivisions.
• Applying to petition: Proponents must submit the full text of the measure to the California Attorney General's Initiative Coordinator, along with a request for a summary, contact information, and a $2,000 deposit.
• Proposal review/approval: Proponents may seek assistance from the Office of the Legislative Counsel in drafting the measure. The office must determine that there is a "reasonable probability" that the measure will qualify for the ballot.
• Public review period: After submission, there is a 30-day public review period for citizen input and discussion, during which proponents can modify the initiative.
• Collecting signatures: The number of signatures needed is based on the total votes cast for the governor in the preceding election. For an initiated constitutional amendment, it's 8% of the votes, while for an initiated state statute or veto referendum, it's 5%. Signatures must be from registered voters in California.
• Getting on the ballot: Once signatures are collected, state officials verify the requirements and exclude fraudulent signatures.
• Ballot title and summary: The Attorney General drafts the ballot language, including a 100-word summary.
• The election and beyond: Beginning in 2011, statewide initiatives and referendums are placed on general election ballots in November of even-numbered years. California ballot measures require a simple majority of votes. Approved measures take effect on the fifth day after the Secretary of State certifies the election results, unless a different effective date is specified.

Comparison with Other States

As of 2024, 26 states provide for at least one type of citizen-initiated ballot measure. Washington, D.C., also has an initiative and referendum process. These processes are not available for federal legislation.

The types of citizen-initiated measures vary by state and include:

• Initiated constitutional amendment
• Initiated state statute (direct or indirect)
• Veto referendum
• Statute affirmation (available only in Nevada)

Some states have additional types, such as legislative referrals, automatic referrals, and commission-referred measures.

The number of signatures required to qualify a measure for the ballot differs by state and type of measure. For example, in California, the requirement is based on the votes cast for the governor in the preceding election, while other states may use registered voters or actual votes cast in a preceding election as the basis.

In addition to state-level initiatives, some states also allow for local ballot initiatives, giving citizens more direct involvement in the political process.

Ballot laws regarding local ballot measures

California citizens can place initiatives or referendums on the ballot by following the "How to Qualify an Initiative" process. The state's voters can also initiate legislation as a state statute or a constitutional amendment. Additionally, the California State Legislature can place measures on the ballot as legislatively referred constitutional amendments or state statutes.

The initiative process is available to all 361 general law cities, 121 charter cities, 44 general law counties, and 14 charter counties. The initiative process for most cities and counties in California is indirect, which means the local governing body has a chance to approve any initiative with a sufficient number of signatures itself instead of sending it to the voters. Charter cities are able to have their own process for initiatives, which can differ from the state-set process.

There are specific requirements for the appearance and content of initiative and referendum petitions. For instance, circulators of a local petition must be either voters or qualified to register to vote in the city in question. Additionally, circulators must sign a declaration under penalty of perjury.

The number of signatures required for initiatives and referendums varies depending on the type of measure and the population of the city in question. For instance, in cities with over 1,000 people, signatures from 10% of registered voters are needed for initiatives, while signatures from 15% of registered voters are required for charter amendments.

Once a petition is certified for the ballot, the county counsel or district attorney must produce an impartial analysis of the measure for display on the ballot. This analysis must be 500 or fewer words in length, printed above the pro and con arguments, and must state that the measure was put on the ballot through a citizen petition drive.

In California, citizens can repeal legislation via veto referendum. However, veto referendums cannot be used on emergency legislation. If two or more measures conflict, the measure receiving the greatest number of affirmative votes supersedes the other.

Local ballot measures in California often concern parcel taxes, sales taxes, or school bond issues, or other local tax or public revenue issues. Other issues addressed include marijuana regulations and taxes, development and zoning issues, housing, fracking and the environment, and dozens of other policies that affect the everyday lives of residents.

Ballot laws regarding signature requirements

Number of Signatures Required

The number of signatures needed to place a measure on the ballot varies depending on the type of initiative. For an initiated constitutional amendment, 8% of the votes cast for the governor in the preceding election are required. Meanwhile, 5% of the votes cast for the governor are necessary for an initiated state statute or a veto referendum. These requirements ensure that citizen-initiated measures have sufficient support before being placed on the ballot.

Distribution Requirements

California does not impose any distribution requirements for signature collection. This means that signatures can be gathered from any county or congressional district within the state, without having to meet specific quotas for different regions.

Restrictions on Circulators

Circulators of petitions in California must be at least 18 years of age. They are permitted to sign the petitions they are circulating and must provide a sworn statement affirming that they have personally witnessed each act of signing. California does not mandate that circulators be state residents, and they are not required to disclose whether they are paid or volunteer workers. However, petitions must carry a notice informing signers of their right to inquire about the circulator's status.

Electronic Signatures

California law prohibits the use of electronic signatures for initiative petitions. A court ruling in 2011 affirmed that the term "affix" implies a physical signature, thus disallowing electronic signatures.

Deadlines for Collection

Proponents of ballot initiatives have 180 days to collect signatures after receiving the summary from the Attorney General. The measures are then presented to voters at the next general election, provided they meet the signature requirements. If a full check of signatures is required, the verification process may take additional time, and proponents should plan accordingly.

Signature Verification

Once signatures have been collected, they must be submitted to county elections officials for verification. The officials have eight working days to determine the total number of signatures and report it to the Secretary of State. If the initial count meets or exceeds 100% of the required signatures, a random sample of 500 signatures or 3% of the total, whichever is greater, is checked for validity. If the calculation shows that the number of valid signatures falls between 95% and 110% of the requirement, a full check of all signatures is mandated.

Ballot laws regarding funding an initiative campaign

In California, citizens can propose laws and constitutional amendments without the support of the Governor or the Legislature. The 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 then submitted to county election officials for verification. If the initiative qualifies, it will be placed on the ballot for California voters to approve or deny.

Regarding funding, there is a \$2000 filing fee for submitting a proposed initiative measure to the Attorney General, which is refunded if the measure qualifies for an election ballot. Additionally, state law requires proponents to furnish the Attorney General's Office with the complete text of the proposed measure, along with the required certifications. However, it is important to note that the laws and requirements for funding an initiative campaign may vary depending on the state and local regulations.

Frequently asked questions