California, USA, regional Obligatory referendum [LOR] - Amending and Revising the Constitution

General Typology

Instrument
Obligatory referendum [LOR]
Location
California, USA
Political level
regional
Local Name:
Amending and Revising the Constitution
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

ARTICLE 18 AMENDING AND REVISING THE CONSTITUTION
SEC. 1
The Legislature by rollcall vote entered in the journal, two-thirds of the membership of each house concurring, may propose an amendment or revision of the Constitution and in the same manner may amend or withdraw its proposal. Each amendment shall be so prepared and submitted that it can be voted on separately.
SEC. 4
A proposed amendment or revision shall be submitted to the electors and if approved by a majority of votes thereon takes effect the day after the election unless the measure provides otherwise. If provisions of 2 or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote shall prevail.

Source: Constitution of California 1879 (accessed 7 Dec. 2016)

Subject Matter:

Amending the state constitution via obligatory referendum

Actors

Author:
Authority : Both houses of legislature
Initiator:
Law : Constitution
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Legal source does not mention specific approval quorum
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:

Constitution of California
Article IV, Section 8.5
An act amending an initiative statute , an act providing for the issuance of bonds , or a constitutional amendment proposed by the Legislature and submitted to the voters for approval shall not do either of the following:
(a) Include or exclude any political subdivision of the State from the application or effect of its provisions based upon approval or disapproval of the measure, or based upon the casting of a specified percentage of votes in favor of the measure, by the electors of that political subdivision.
(b) Contain alternative or cumulative provisions wherein one or more of those provisions would become law depending upon the casting of a specified percentage of votes for or against the measure.

Source: Constitution of California 1879 (accessed 7 Dec. 2016)

Other Formal Requirements:

California Election Code
9040.

Every constitutional amendment, bond measure, or other legislative measure submitted to the people by the Legislature shall appear on the ballot of the first statewide election occurring at least 131 days after the adoption of the proposal by the Legislature.

Source: California Election Code (accessed 7 Dec. 2016)

Procedural Elements

Wording Of Ballot Question:

Arguments written by the author of the measure, appointees, and/or voters will appear along with the ballot question

Source: California Election Code 9041 - 9044 (accessed 7 June 2016)

Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks: