Bill Text: CA ACA13 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Voting thresholds.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Passed) 2023-11-02 - Chaptered by Secretary of State - Res. Chapter 176, Statutes of 2023. [ACA13 Detail]
Download: California-2023-ACA13-Amended.html
NOYES
Local Program:
NO
approved by a majority of votes cast thereon takes effect on the fifth day after the Secretary of State files the statement of the vote for the election at which the measure is voted on, but the measure may provide that it becomes operative after its effective date. If a referendum petition is filed against a part of a statute, the remainder of the statute shall not be delayed from going into effect.
Bill Title: Voting thresholds.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Passed) 2023-11-02 - Chaptered by Secretary of State - Res. Chapter 176, Statutes of 2023. [ACA13 Detail]
Download: California-2023-ACA13-Amended.html
|
Amended
IN
Assembly
August 17, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Constitutional Amendment
No. 13
| Introduced by Assembly Member Ward (Coauthor: Assembly Member Robert Rivas) |
July 13, 2023 |
A resolution to propose to the people of the State of California an amendment to the Constitution of the State, relating to ballot measures. by amending Section 10 of, and adding Section 10.5 to, Article II thereof, and adding Section 7.8 to Article XI thereof, relating to voting.
LEGISLATIVE COUNSEL'S DIGEST
ACA 13, as amended, Ward.
Ballot measures. Voting thresholds.
The California Constitution provides that a proposed constitutional amendment and a statewide initiative measure each take effect only if approved by a majority of the votes cast on the amendment or measure.
This measure would further provide that an initiative measure that includes one or more provisions that would amend the Constitution to increase the voter approval requirement to adopt any state or local measure would be approved by the voters only if the proportion of votes cast in favor of the initiative measure is equal to or greater than the highest voter approval requirement that the initiative measure would impose.
The California Constitution also permits initiative and referendum powers to be exercised by the
voters of each city or county under procedures provided by the Legislature.
This measure would expressly authorize a local governing body to hold an advisory vote concerning any issue of governance for the purpose of allowing voters within the jurisdiction to voice their opinions on the issue. The measure would specify that an advisory question is approved only if a majority of the votes cast on the question are in favor.
This measure would further declare that its provisions are severable and that if any provision is held invalid, the other provisions of the act remain valid, as specified.
Under the California Constitution, the Legislature may propose an amendment to the Constitution, as specified. The Constitution permits voters to vote upon various statewide measures appearing on the ballot, including constitutional amendments, initiative statutes, and referenda. The Constitution also permits initiative and referendum powers to be exercised by local voters under procedures provided by the Legislature.
This measure would state the intent of the Legislature to propose an amendment to the Constitution relating to ballot measures.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee:Bill Text
RESOLVED, That this measure shall be known, and may be cited, as the Protect and Retain the Majority Vote Act.
Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2023–24 Regular Session, commencing on the fifth day of December 2022, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:
It is the intent of the Legislature to propose an amendment to the Constitution relating to ballot measures.
First—
That Section 10 of Article II thereof is amended to read:SEC. 10.
(a) An initiative statute or referendum(b) If provisions of two or more measures approved at the same election conflict, the provisions of the measure receiving the highest number of affirmative votes shall prevail.
(c) The Legislature may amend or repeal a referendum statute. The Legislature may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without the electors’ approval.
(d) Before circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the Attorney General who shall prepare a title and summary of the measure as provided by law.
(e) The Legislature shall provide for the manner in which a petition shall be circulated, presented, and certified, and the manner in which a measure shall be submitted to the electors.
Second—
That Section 10.5 is added to Article II thereof, to read:SEC. 10.5.
(a) Except as provided in subdivision (b), a statewide initiative statute or referendum is approved if a majority of the votes cast on the measure are in favor.(b) Notwithstanding Section 4 of Article XVIII, an initiative measure that includes one or more provisions that amend the Constitution to increase the voter approval requirement to adopt any state or local measure is approved by the voters only if the proportion of votes cast in favor of the initiative measure is equal to or greater than the highest voter approval requirement that the initiative measure would impose for the adoption of any state of local measure.
