California, USA, regional Obligatory referendum [LOR] - Repealing an initiative statute
General Typology
- Instrument
- Obligatory referendum [LOR]
- Location
- California, USA
- Political level
- regional
- Local Name:
- Repealing an initiative statute
- Normative Level:
- constitutional
- Legally Binding:
- yes
- Legally Defined:
-
Constitution of California
Article II, Section 10
[...]
(c) The Legislature may amend or repeal referendum statutes. It may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without their approval.Source: Constitution of California 1897 (accessed 7 Dec. 2016)
- Subject Matter:
-
Legislatively amending or repealing an initiative statute
Actors
- Author:
- Authority : 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:
-
Initiative statutes that allow amending and repealing without a ballot question (Constitution of California, Article II, Section 10 (see "legally defined"))
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 (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 Dec. 2016)
- Interaction With Authorities:
- Supervision And Support:
- Transparency And Finance:
Practice
- Archive:
- Remarks: