CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Constitutional Amendment
No. 9

Introduced by Assembly Member McCarty

February 27, 2023

A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending, repealing, and adding Section 6 of Article II thereof, by amending, repealing, and adding Section 5 of Article V thereof, and by amending, repealing, and adding Section 2 of Article IX thereof, relating to education.


LEGISLATIVE COUNSEL'S DIGEST


ACA 9, as introduced, McCarty. Superintendent of Public Instruction: gubernatorial appointment.
The California Constitution requires the Superintendent of Public Instruction to be nonpartisan, elected by the voters at each gubernatorial election, exempt from civil service, and limited to 2 terms. The Constitution prescribes the start day of the Superintendent’s first term and how to fill a vacancy in the office of the Superintendent.
This measure would prohibit an election for Superintendent from being held in 2026. The measure would, commencing January 1, 2027, require the Superintendent to instead be appointed by, and serve at the pleasure of, the Governor, with confirmation by the Assembly, the Senate, and the Senate Committee on Rules. The measure would make inapplicable to the Superintendent the above-mentioned nonpartisan, term limit, start day, and vacancy provisions.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  
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:

First—

 That Section 6 of Article II thereof is amended to read:

SEC. 6.
 (a) All judicial, school, county, and city offices, including the Superintendent of Public Instruction, shall be nonpartisan.
(b) A political party or party central committee shall not nominate a candidate for nonpartisan office, and the candidate’s party preference shall not be included on the ballot for the nonpartisan office.
(c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Second—

 That Section 6 is added to Article II thereof, to read:

SEC. 6.
 (a) All judicial, school, county, and city offices shall be nonpartisan.
(b) A political party or party central committee shall not nominate a candidate for nonpartisan office, and the candidate’s party preference shall not be included on the ballot for the nonpartisan office.
(c) This section shall become operative on January 1, 2027.

Third—

 That Section 5 of Article V thereof is amended to read:

SEC. 5.
 (a) Unless the law otherwise provides, the Governor may fill a vacancy in office by appointment until a successor qualifies.
(b) Whenever there is a vacancy in the office of the Superintendent of Public Instruction, the Lieutenant Governor, Secretary of State, Controller, Treasurer, or Attorney General, or on the State Board of Equalization, the Governor shall nominate a person to fill the vacancy who shall take office upon confirmation by a majority of the membership of the Senate and a majority of the membership of the Assembly and who shall hold office for the balance of the unexpired term. In the event the nominee is neither confirmed nor refused confirmation by both the Senate and the Assembly within 90 days of the submission of the nomination, the nominee shall take office as if he or she the nominee had been confirmed by a majority of the Senate and Assembly; provided, that if such 90-day period ends during a recess of the Legislature, the period shall be extended until the sixth day following the day on which the Legislature reconvenes.
(c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Fourth—

 That Section 5 is added to Article V thereof, to read:

SEC. 5.
 (a) Unless the law otherwise provides, the Governor may fill a vacancy in office by appointment until a successor qualifies.
(b) Whenever there is a vacancy in the office of the Lieutenant Governor, Secretary of State, Controller, Treasurer, or Attorney General, or on the State Board of Equalization, the Governor shall nominate a person to fill the vacancy who shall take office upon confirmation by a majority of the membership of the Senate and a majority of the membership of the Assembly and who shall hold office for the balance of the unexpired term. In the event the nominee is neither confirmed nor refused confirmation by both the Senate and the Assembly within 90 days of the submission of the nomination, the nominee shall take office as if the nominee had been confirmed by a majority of the Senate and Assembly; provided, that if such 90-day period ends during a recess of the Legislature, the period shall be extended until the sixth day following the day on which the Legislature reconvenes.
(c) This section shall become operative on January 1, 2027.

Fifth—

 That Section 2 of Article IX thereof is amended to read:

SEC. 2.
 (a) A Superintendent of Public Instruction shall be elected by the qualified electors of the State at each gubernatorial election. The Superintendent of Public Instruction shall enter upon the duties of the office on the first Monday after the first day of January next succeeding each gubernatorial election. No Superintendent of Public Instruction may serve more than 2 terms.
(b) Notwithstanding subdivision (a), an election for Superintendent of Public Instruction shall not be held in 2026.
(c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Sixth—

 That Section 2 is added to Article IX thereof, to read:

SEC. 2.
 (a) A Superintendent of Public Instruction shall be appointed by the Governor, subject to confirmation by the Assembly, the Senate, and the Senate Committee on Rules, and shall serve at the pleasure of the Governor.
(b) This section shall become operative on January 1, 2027.