California, USA, regional Popular or citizen-initiated referendum [PCR] - Referendum

General Typology

Instrument
Popular or citizen-initiated referendum [PCR]
Location
California, USA
Political level
regional
Local Name:
Referendum
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Constitution of California, Article II, Section 9
(a) The referendum is the power of the electors to approve or reject statutes or parts of statutes [...]
(b) A referendum measure may be proposed by presenting to the Secretary of State, within 90 days after the enactment date of the statute, a petition certified to have been signed by electors equal in number to 5 percent of the votes for all candidates for Governor at the last gubernatorial election, asking that the statute or part of it be submitted to the electors. [...]

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

Subject Matter:

Rejecting laws or parts of laws via referendum

Actors

Author:
Citizen
Initiator:
Electorate : 5% of the total number of votes in the last gubernatorial election
Decision maker:
Electorate

Requirements

Number Of Signatures:
5% of the total number of voters in the last gubernatorial election
Available Time:
90 days
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 II, Section 9
(a) The referendum is the power of the electors to approve or reject statutes or parts of statutes except urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations for usual current expenses of the State.
[...]

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

Other Formal Requirements:

Constitution of California, Article II, Section 9
[...]
(c) The Secretary of State shall then submit the measure at the next general election held at least 31 days after it qualifies or at a special statewide election held prior to that general election. The Governor may call a special statewide election for the measure.

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

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

California Election Code

9021. (a) A person who meets the requirements of Section 102 may circulate a statewide initiative or referendum petition anywhere within the state. Each section of the petition shall bear the name of a county or city and county, and only qualified registered voters of that county or city and county may sign that section.

(b) The circulator may sign the section he or she is circulating as provided in Section 106.

(Amended by Stats. 2013, Ch. 278, Sec. 18. Effective January 1, 2014.

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

Wording Of Ballot Question:

The Attorney General is required to draft a ballot title, summary and ballot label which may differ from those used during circulation. Unlike in initiatives, there will not be a summary of the fiscal impact statement from the Legislative Analyst. The public has 20 days to review and edit the language. Arguments for and against the measure will also be included on the ballot.

California Election Code
9006.
(a) Upon receipt of the text of a proposed referendum, the Attorney General shall prepare a circulating title and summary of the chief purpose and points of the proposed statute at issue. The circulating title and summary shall not exceed a total of 100 words. No fiscal analysis shall be included.

ARTICLE 5. Ballot Titles [9050 ­ 9054] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )

9051. (a) (1) The ballot title and summary may differ from the legislative, circulating, or other title and summary of the measure and shall not exceed 100 words, not including the fiscal impact statement.

(2) The ballot title and summary shall include a summary of the Legislative Analyst’s estimate of the net state and local government fiscal impact prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code.

(b) The ballot label shall not contain more than 75 words and shall be a condensed version of the ballot title and summary including the financial impact summary prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code.

(c) In providing the ballot title and summary, the Attorney General shall give a true and impartial statement of the purpose of the measure in such language that the ballot title and summary shall neither be an argument, nor be likely to create prejudice, for or against the proposed measure.

(d) The Attorney General shall invite and consider public comment in preparing each ballot title and summary.

(Amended by Stats. 2014, Ch. 697, Sec. 13. Effective January 1, 2015.)

9060.
In case either the argument for or the argument against any measure placed on the ballot is not prepared and filed, the Secretary of State shall, by a general press release, request voters to submit arguments.
[...]

9064.
Any voter or group of voters may, at any time within the time limit, prepare and file with the Secretary of State an argument for or against any measure as to which arguments have not been prepared or filed. This argument shall not exceed 500 words in length.
[...]

9069.
When the Secretary of State has received the arguments that will be printed in the ballot pamphlet, the Secretary of State, within five days of receipt thereof, shall send copies of the arguments in favor of the proposition to the authors of the arguments against and copies of the arguments against to the authors of the arguments in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words, or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. The rebuttal arguments shall be filed with the Secretary of State no later than a date to be designated by the Secretary of State.
[...]

9092.
Not less than 20 days before he or she submits the copy for the ballot pamphlet to the State Printer, the Secretary of State shall make the copy available for public examination. [...]

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

Interaction With Authorities:

California Election Code
9006.
(a) Upon receipt of the text of a proposed referendum, the Attorney General shall prepare a circulating title and summary of the chief purpose and points of the proposed statute at issue. The circulating title and summary shall not exceed a total of 100 words. No fiscal analysis shall be included.
(b) The Attorney General shall provide a copy of the circulating title and summary of the proposed referendum to the proponents and to the Secretary of State within 10 days after receipt of the proposed referendum.
(c) Upon receipt of the circulating title and summary from the Attorney General, the Secretary of State shall, within one business day, notify the proponents and county elections official of each county of the official summary date and provide a copy of the circulating title and summary to each county elections official. This notification shall also include a complete schedule showing the maximum filing deadline, and the certification deadline by the counties to the Secretary of State.

Constitution of California
Article II, Section 10
[...]
(c) The Legislature may amend or repeal referendum statutes. [...]

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

Supervision And Support:
Transparency And Finance:

Campaign finance requirements are enforced by the California Fair Political Practices Commission (FPPC).

Practice

Archive:
Remarks: