California Propositions: Background

Prior to 1911, only the Legislature could place an initiative on the ballot for direct voting; this mechanism is still used, mostly for bond measures. To appear on the ballot:

• amendment/repeal of law established by initiative (Cal. Const. art. 2, § 10(c))—needs simple majority in both chambers and Governor's approval
• bond creating debt greater than $300,000 (Cal. Const. art. 16, § 1)—needs simple majority in both chambers and Governor's approval
• constitutional amendment or revision (Cal. Const. art. 18, § 1)—needs two-thirds majority in both chambers

Any of these can become law if approved by a majority of the electorate.

After 1911, initiatives could be added to the ballot by citizens either directly or indirectly.

Direct Initiative

The more common type, drafted and placed on the ballot by citizen-proponents. Five basic steps:

• Proponent submits proposition to the state Attorney General
• AG’s office assigns title and official summary
• Proponent circulates petition to place measure on ballot; Senate and Assembly committee(s) may conduct public hearings during this time, but does not change the citizen-drafted measure
• Proponent files petition signatures with county elections officials verify sufficient valid signatures by registered voters to qualify to appear on the ballot
• Ballot pamphlet statements (including arguments, rebuttals, and a Legislative Analyst's Office statement on the purpose, effect, and fiscal impact of the proposition) are prepared for measures that qualify, and joint legislative hearings are held

Litigation may occur at various points during the above process or may ensue post-election. For a more detailed description of the process and timelines for getting an initiative qualified to appear on a statewide ballot see the California Secretary of State (Department of Elections) Initiative Guide.

Indirect Initiative

From 1911 to 1966, the indirect initiative process allowed citizens to ask the Legislature to place a measure on the ballot (see A History of California Initiatives (2015) for more description). This option was seldom used—according to the California Secretary of State's report, Initiatives by Title and Summary Year, on only 4 occasions—and was abolished in 1966.

A referendum allows the electorate to veto (or to ratify) a law enacted by the Legislature (but urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations cannot be challenged via referendum). A recall election allows for removal of elected state or local officials. As with citizen-sponsored initiatives, both referendum and recall require circulation of a petition, validation of a minimum number of petition signatures, and preparation of ballot pamphlet arguments for qualifying measures.

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