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California Propositions: Legislative History

Legislative history of direct initiatives or recall

Ballot pamphlet arguments

Since the text of a direct initiative originates with a citizen proponent, many of the documents ordinarily associated with legislative drafting will not be publicly available, and only the official arguments included in the ballot pamphlet will serve to show legislative intent. Similarly, recall elections typically leave no legislative history trail other than the official arguments in the ballot pamphlet. These can be found in the sources listed in the section on Text & Analyses.

For a discussion of the weight of ballot pamphlet arguments and other documents in determining the intent of citizen-sponsored initiative laws (including citations to major cases), consult Daniel W. Martin & Laura A. Cadra, Henke’s California Law Guide 71 (9th ed. 2023) (KFC74 .H46 2023).

Legislative hearings on citizen initiatives

Generally, legislative documents from the State Assembly regarding citizen-sponsored initiatives are not considered to show the intent of the electorate in approving the proposition, but may nevertheless contain useful information:

  • committee hearings or reports (once a measure has an official title and summary) and required joint legislative hearings (under Cal. Elec. Code § 9034, once qualified for the ballot): see guide on California Legislative History Research for guidance on finding such documents
  • (1986-1998 elections) Senate Office of Research analyses (once qualified): available only in print; search Law Library catalog or the catalog of the California State Library: ballot AND proposition AND analysis AND Author: Senate AND Author: California

Legislative history of legislative initiatives or referenda

The process for researching the pre-election history of legislative initiatives is the same as that for other legislation (see guide on California Legislative History Research).

Similarly, because referenda originate from an ordinary legislative enactment, in addition to the official ballot pamphlet arguments on a referendum, traditional legislative history may be relevant to your research. The ballot pamphlet section "Text of the Proposed Law" usually gives the year and bill number (as well as the chapter citation from the session laws); with that information, follow the steps in the California Legislative History Research guide to find the legislative history of the original legislative action being tested via referendum.

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