CALIFORNIA LEGISLATURE— 2025–2026 1st Ext.

Assembly Constitutional Amendment
No. 1

Introduced by Assembly Member DeMaio

December 02, 2024

A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by adding Section 23 to Article IV thereof, and adding Section 12 to Article V thereof, relating to legislative process.


LEGISLATIVE COUNSEL'S DIGEST


ACA 1, as introduced, DeMaio. Stop Politicians from Violating Our Constitutional Rights Act of 2025.
The California Constitution vests the legislative power of the State in the California Legislature, which consists of the Senate and Assembly. Under the California Constitution, a bill may not be passed unless, by rollcall vote entered in the journal, a majority of the membership of each house concurs, except for certain bills that require a higher threshold vote. The California Constitution requires a bill passed by the Legislature to be presented to the Governor and provides that the bill becomes a statute if it is signed by the Governor or if it is in the possession of the Governor and is not returned to the house of origin within a specified number of days.
The California Constitution creates the California Citizens Compensation Commission and requires the commission to establish the annual salary and other benefits of state officers, including the Governor and the Members of the Legislature.
Under this measure, a Member of the Legislature who voted in favor of a law that is enacted and that is held unconstitutional by a final ruling of a federal court would have their salary reduced by 25% for one year or until the Member leaves that office, whichever is shorter. The measure would require the Member to have their salary reduced by 25% for each law they voted in favor of that was held unconstitutional, not to exceed the amount of the Member’s salary. The measure would also require a Governor who signs a law that is held unconstitutional by a final ruling of a federal court to forfeit their salary for one year or until they leave office, whichever is shorter. The measure would require the Governor to forfeit their salary for one year for each law held unconstitutional, not to exceed the number of years the Governor continues to hold that office.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  
WHEREAS, Unconstitutional laws and regulations imposed by the Governor and the State Legislature are a real and significant threat to our democracy; and
WHEREAS, California citizens suffer irreparable harm when a law or regulation is imposed on them that is unconstitutional and deprives them of their freedoms and rights; and
WHEREAS, When citizens are deprived of their constitutional rights, it fosters cynicism, distrust, and animosity that erode public confidence and trust in our democratic institutions; and
WHEREAS, In recent years, California state laws and regulations have increasingly been overturned by federal courts as being unconstitutional under the United States Constitution, including laws relating to the First Amendment rights of free speech and free exercise of religion, the Second Amendment right of self-defense, the Fifth Amendment right protecting property rights, and the Fourteenth Amendment rights of equal protection and due process; and
WHEREAS, In recent years, an alarming pattern of behavior has been shown by the current Governor, current Attorney General, and recent state legislators of enacting laws, imposing regulations, and filing lawsuits that have dubious constitutionality or conflict with recent rulings of the United States Supreme Court and other federal courts; and
WHEREAS, In the final few weeks leading up to the 2024 election, the current Governor signed legislation that would bring penalties against individuals for election-related speech on social media. This move was criticized by many as election interference and ultimately ruled unconstitutional by a federal judge; and
WHEREAS, The Governor and individual Members of the Legislature face no personal financial consequences for intentional or negligent violation of constitutional rights. However, the victims of their unconstitutional laws, regulations, and lawsuits do face enormous financial damages and are forced to pay significant legal fees to challenge unconstitutional acts; and
WHEREAS, Penalizing the Governor and individual Members of the Legislature when they violate constitutional rights would serve as not only a deterrence but a punishment for harm done to citizens and damage done to our democratic system; now, therefore, be it
Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2025–26 Regular Session commencing on the second day of December 2024, 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—

 This measure shall be known, and may be cited, as the Stop Politicians from Violating Our Constitutional Rights Act of 2025.

Second—

 That Section 23 is added to Article IV thereof, to read:

SEC. 23.
 (a) If a law enacted by the Legislature is held unconstitutional by a final ruling of a federal court, a Member of the Legislature who voted in favor of the law during the final Senate or Assembly floor vote, as applicable, and who still holds that same office, shall, beginning on the date of the final ruling of the federal court, have their salary reduced by 25 percent for one year or until the Member leaves that office, whichever is shorter.
(b) A Member shall have their salary reduced by 25 percent for each law they voted in favor of that was held unconstitutional, as provided in subdivision (a), not to exceed the amount of their salary.
(c) For purposes of this section, “a final ruling of a federal court” means a ruling by a federal court for which no appeals are sought or all appeals are exhausted.

Third—

 That Section 12 is added to Article V thereof, to read:

SEC. 12.
 (a) If a law signed by the Governor is held unconstitutional by a final ruling of a federal court, and the Governor still holds that office, the Governor shall, beginning on the date of the final ruling of the federal court, forfeit their salary for one year or until they leave office, whichever is shorter.
(b) The Governor shall forfeit their salary for one year for each law signed by the Governor that is held unconstitutional, as provided in subdivision (a), not to exceed the number of years the Governor continues to hold that office.
(c) For purposes of this section, “a final ruling of a federal court” means a ruling by a federal court in which no appeals are sought or all appeals are exhausted.