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California Propositions: Research the Laws

Find the provision(s) affected by initiatives

Search the constitution or statutory code

Tip: search the History field (Lexis+ and Nexis Uni) or Credits field (Westlaw), using the proposition number and/or year of the election approving it (note that the proposition number is not always given). Example searches:

  • CR("by initiative measure" W/5 "prop 37" /5 1984) (Westlaw style search)
  • HISTORY("prop 12" W/5 2018)(Lexis+ or Nexis Uni style search)

Check the original initiative text

Current code text typically does not refer to proposition numbers; if you do not have access to History (Lexis+/Nexis Uni) or Credits (Westlaw) annotations, or if that search does not find relevant results, try:

  • Proposition text (see Past, qualified measures for where to find text): may state the provision(s) to change or add. Code section numbering can change over time, so check annotations if available to see if the current location is mapped.
  • California Ballot Propositions database (2000 to 2010): lists code/Constitution affected. As noted above, re-numbering may affect the current location.

Find cases and commentary about initiative-created laws

Case law regarding statutes or constitutional provisions affected by ballot initiatives may be found using the usual methods of case research, including using annotated codes or direct case searching.

Annotated codes

Check case annotations regarding statutes or constitutional provisions created or affected by a proposition—see the 1L Research Guide on Statutory Research for tips on using West's and Deering's case annotations. To use this method with Deering's California Codes Annotated via Nexis Uni, locate the statute or constitutional provision and click the link to "Find references to this code" (under "Related Content" in the "About this Document" box on the right side of the screen). Case annotations may include cases challenging to ballot measures that affected or sought to affect the law.

Secondary sources from code annotations

In addition to case annotations, the annotations of a statute may include Citing References (Westlaw) or Other Citing Sources (Lexis+ and Nexis Uni) that may include a "Secondary Sources" category—these may be articles or legal treatises that discuss or interpret the statute, and may include discussion of the proposition that created or affeccted the law.

Direct case research

Search California's Supreme, appellate, and selected trial court opinions and orders; consider including federal courts with jurisdiction in California:

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See the "Legislative History" tab for tips on finding materials about the legislative intent and history behind ballot measures.

See "Research the Process" tab for tips on finding caselaw and other materials about the statutory and constitutional framework of the initiative process.

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