California ballot proposition
Encyclopedia
In California
, a ballot proposition
is a proposed law that is submitted to the electorate for approval in a direct vote (or plebiscite). It may take the form of a constitutional amendment
or an ordinary statute
. A ballot proposition may be proposed by the State Legislature
or by a petition signed by members of the public under the initiative
system. In California a vote on a measure referred to voters by the legislature is a mandatory referendum; a vote to veto a law that has already been adopted by the legislature is an optional referendum or "people's veto"; the process of proposing laws by petition is the initiative.
. There are three forms of direct democracy
in California.
, proposing a state constitutional amendment, which is then submitted to the voters as a referendum at the next statewide election
. If more than 50% of the voters approve the referendum then the constitutional amendment is approved and goes into effect.
, or amend the ordinary laws of the state, or do both. An initiative is brought about by writing a proposed law as a petition, and submitting the petition to the California Attorney General
along with a submission fee (in 2004 this was $200), and obtaining signature
s on petition
s from registered voters amounting to 8% (for a constitutional amendment) or 5% (for a statute) of the number of people who voted in the most recent election for governor. The signed petitions are then sent to the Secretary of State of California for validation of signatures.
Due to duplicate signing or invalid signatures, usually at least 50% more than the legal minimum number of signatures are collected to compensate for possible invalidated signatures. If the number of validated signatures is more than the minimum number required, the proposed initiative measure is submitted to the voters, similar to a referendum as noted above. If the proposition is approved by more than 50% of all voters who vote, it becomes a part of the state constitution (if it is a proposed amendment) or the state's statutes (if it is a proposed statute) in the same manner and having the same legal effect as if it had been passed by the state legislature and signed by the governor.
In order to pass, the "yes" votes on a proposition must exceed the "no" votes. Ballots which record neither a "yes" nor a "no" on the proposition are ignored in determining the outcome. In other words, the majority of voters required for passage refers to a majority of those voting on that proposition, rather than a majority of those voting in the election held at the same time or a majority of those who are registered to vote.
Originally, initiative and referendum petitions were given a number starting at one each year. This tended to be confusing as often famous initiatives such as Proposition 13
(of 1978) might be confused with another initiative in a later year if there were more than twelve proposals on the ballot in any given year. Starting in 1982, the proposition numbers were not re-used but would continue to increment until at least a decade had passed from when a particular one had appeared on the ballot, eventually resulting in proposition numbers exceeding 200. Starting with the 1998 ballot, the count has been reset back to one; it will now be reset every ten years.
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, a ballot proposition
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
is a proposed law that is submitted to the electorate for approval in a direct vote (or plebiscite). It may take the form of a constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
or an ordinary statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
. A ballot proposition may be proposed by the State Legislature
California State Legislature
The California State Legislature is the state legislature of the U.S. state of California. It is a bicameral body consisting of the lower house, the California State Assembly, with 80 members, and the upper house, the California State Senate, with 40 members...
or by a petition signed by members of the public under the initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
system. In California a vote on a measure referred to voters by the legislature is a mandatory referendum; a vote to veto a law that has already been adopted by the legislature is an optional referendum or "people's veto"; the process of proposing laws by petition is the initiative.
Overview
Referenda have been a part of the Constitution of California since 1849. The initiative and optional (or facultative) referendum were introduced in 1911, by a constitutional amendment called Proposition 7California Proposition 7 (1911)
Proposition 7 of 1911 ) was an amendment of the Constitution of California that introduced, for the first time, the initiative and the optional referendum...
. There are three forms of direct democracy
Direct democracy
Direct democracy is a form of government in which people vote on policy initiatives directly, as opposed to a representative democracy in which people vote for representatives who then vote on policy initiatives. Direct democracy is classically termed "pure democracy"...
in California.
Mandatory referendum
The State Legislature may pass an act which is signed by the Governor of CaliforniaGovernor of California
The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...
, proposing a state constitutional amendment, which is then submitted to the voters as a referendum at the next statewide election
Election
An election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy operates since the 17th century. Elections may fill offices in the legislature, sometimes in the...
. If more than 50% of the voters approve the referendum then the constitutional amendment is approved and goes into effect.
Optional referendum
Laws already adopted by the state legislature may be vetoed by means of a referendum. To qualify a referendum for inclusion on the ballot, a referendum petition must have been signed by at least five per cent of the number of voters in the previous gubernatorial election. This is also known as a "petition referendum" or "people's veto".Initiative
A ballot proposition enacted by the initiative process may alter the state constitutionState constitution (United States)
In the United States, each state has its own constitution.Usually, they are longer than the 7,500-word federal Constitution and are more detailed regarding the day-to-day relationships between government and the people. The shortest is the Constitution of Vermont, adopted in 1793 and currently...
, or amend the ordinary laws of the state, or do both. An initiative is brought about by writing a proposed law as a petition, and submitting the petition to the California Attorney General
California Attorney General
The California Attorney General is the State Attorney General of California. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" The Attorney General carries out the responsibilities of the office through the California Department of Justice.The...
along with a submission fee (in 2004 this was $200), and obtaining signature
Signature
A signature is a handwritten depiction of someone's name, nickname, or even a simple "X" that a person writes on documents as a proof of identity and intent. The writer of a signature is a signatory. Similar to a handwritten signature, a signature work describes the work as readily identifying...
s on petition
Petition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer....
s from registered voters amounting to 8% (for a constitutional amendment) or 5% (for a statute) of the number of people who voted in the most recent election for governor. The signed petitions are then sent to the Secretary of State of California for validation of signatures.
Due to duplicate signing or invalid signatures, usually at least 50% more than the legal minimum number of signatures are collected to compensate for possible invalidated signatures. If the number of validated signatures is more than the minimum number required, the proposed initiative measure is submitted to the voters, similar to a referendum as noted above. If the proposition is approved by more than 50% of all voters who vote, it becomes a part of the state constitution (if it is a proposed amendment) or the state's statutes (if it is a proposed statute) in the same manner and having the same legal effect as if it had been passed by the state legislature and signed by the governor.
In order to pass, the "yes" votes on a proposition must exceed the "no" votes. Ballots which record neither a "yes" nor a "no" on the proposition are ignored in determining the outcome. In other words, the majority of voters required for passage refers to a majority of those voting on that proposition, rather than a majority of those voting in the election held at the same time or a majority of those who are registered to vote.
Originally, initiative and referendum petitions were given a number starting at one each year. This tended to be confusing as often famous initiatives such as Proposition 13
California Proposition 13 (1978)
Proposition 13 was an amendment of the Constitution of California enacted during 1978, by means of the initiative process. It was approved by California voters on June 6, 1978. It was declared constitutional by the United States Supreme Court in the case of Nordlinger v. Hahn,...
(of 1978) might be confused with another initiative in a later year if there were more than twelve proposals on the ballot in any given year. Starting in 1982, the proposition numbers were not re-used but would continue to increment until at least a decade had passed from when a particular one had appeared on the ballot, eventually resulting in proposition numbers exceeding 200. Starting with the 1998 ballot, the count has been reset back to one; it will now be reset every ten years.