California Constitution Amendments: Process And Ratification

The California Constitution is the fundamental legal document that establishes the duties, structure, and authority of the state. It is among the longest in the world, with over 500 amendments since 1911. The Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. There are two ways to amend the Constitution: one involving the legislature and voters, and the other involving an initiative. This initiative process requires signatures equal to 8% of the votes cast in the last gubernatorial election, one of the lowest thresholds in the country.

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Legislative proposal

The California Constitution can be amended or revised through a legislative proposal, a convention to revise the constitution, or an initiative.

A legislative proposal requires a roll call vote in the Legislature with two-thirds of the members of each house concurring. This is also referred to as a legislatively referred constitutional amendment. Both the Assembly and the Senate must approve the proposal by a two-thirds vote. Once the amendment passes the Legislature, it goes on a statewide ballot to be ratified or rejected by the state's voters. If the proposal receives a simple majority of 50% plus one vote, it becomes law.

The Legislature can also propose revisions to the constitution, not just amendments. A constitutional revision is considered a "substantial change to the entire constitution, rather than ... a less extensive change in one or more of its provisions". A revision requires the approval of two-thirds of the Legislature and a majority of voters. While the revision process is simplified compared to the past, it is considered more politically charged and difficult to pass than an amendment.

A constitutional amendment does not need the Governor's signature, but it only becomes part of the constitution if the electorate approves it at the next general election. The Governor can also call a special election to consider a proposed amendment if deemed necessary. When the Legislature adopts a proposed amendment, it often also adopts a companion bill, which takes effect only if the amendment is passed by the people.

Convention to revise constitution

The California Constitution can be amended or revised through a convention to revise the constitution. This method requires a roll call vote in the Legislature with two-thirds of each house's membership concurring. Any amendment proposed by the convention may then be submitted to the voters at a general election.

The California Constitution distinguishes between constitutional amendments and constitutional revisions. The latter is considered a "substantial change to the entire constitution, rather than ... a less extensive change in one or more of its provisions". Both require passage of a California ballot proposition by the voters but differ in how they may be proposed.

A constitutional amendment may be placed on the ballot by either a two-thirds vote in the California State Legislature or by signatures equal to 8% of the votes cast in the last gubernatorial election through the exercise of the initiative power by the voters. The signature requirement for constitutional amendments is among the lowest thresholds for similar measures of any U.S. state. As of 2023, this was 874,641 signatures compared to a 2020 population of 39,538,223.

A constitutional revision originally required a constitutional convention but today may be passed with the approval of two-thirds of the Legislature and a majority of voters. While the revision process has been simplified since its beginnings, it is considered more politically charged and difficult to successfully pass than an amendment. Voters exercising the initiative power are not permitted to propose a constitutional revision.

California has held two state constitutional conventions in 1849 and 1879. The convention of 1849 consisted of 49 delegates and met for six weeks. The 1849 constitution was approved by a vote of 12,061 to 811. In February 1878, the state legislature passed a bill calling for a convention of 152 delegates (three from each senate district and 32 at-large delegates). On May 7, 1879, the constitution was approved.

Citizen-initiated amendments

The California Constitution can be amended through a citizen-initiated process, which involves gathering a certain number of signatures from registered voters and submitting a petition to the state. This method is known as an "initiated constitutional amendment" (ICA) or a ballot proposition.

To initiate this process, citizens must first circulate a petition and gather a specific number of signatures. The number of signatures required is defined in Section 8, Section 10, Section 11, and Section 12 of the California Constitution. As of 2023, this number was 874,641 signatures, or 8% of the votes cast in the last gubernatorial election. This signature requirement for constitutional amendments is among the lowest thresholds in the United States. It's worth noting that there is no distribution requirement in California, meaning signatures can be collected from any county or congressional district. Once the required number of signatures is reached, the petition is submitted to the California Secretary of State, who reviews it and determines if it meets the requirements.

After the petition is submitted, there is a 30-day public review period during which citizens can provide input and discuss the proposed amendment. Proponents of the amendment are allowed to make alterations based on the feedback received during this period. Once all the required materials are submitted, the attorney general drafts a brief circulating title and summary, as well as a unique identifying number for the measure. This process must be completed within 15 days of receiving a fiscal statement, if applicable.

Once the measure has been submitted, sponsors may submit amendments to their proposal before the summary is prepared. These amendments restart the 15-day period and must include a new summary/title request signed by all proponents. Finally, the proposed amendment is placed on the ballot for voter approval. It's important to note that, in California, legislators cannot block a citizen-initiated amendment from appearing on the ballot as long as it meets the signature requirements and other legal requirements.

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Voter approval

The process of amending the California Constitution involves two main pathways: the legislature and voters, or a citizen-initiated process. In the former, the legislature proposes an amendment, which must be approved by a two-thirds majority in both the Assembly and the Senate. This is followed by a statewide ballot, where voters can ratify or reject the amendment. This process is known as a legislatively referred constitutional amendment and is outlined in Section 1 of Article XVIII of the California Constitution.

The citizen-initiated process, on the other hand, allows citizens to bypass the legislature and place an amendment directly on the ballot. This is done through the initiative power, where voters submit a petition with a sufficient number of signatures. The signature requirement for constitutional amendments is relatively low compared to other states, set at 8% of the votes cast in the last gubernatorial election. This initiative process is detailed in Section 3 of Article XVIII and Section 8 of Article II of the California Constitution.

Both pathways ultimately require voter approval for an amendment to become part of the California Constitution. This approval is typically achieved through a simple majority vote (50% plus one vote) in a referendum, also known as a ballot proposition. These ballot propositions can be proposed by the legislature or by citizens and allow voters to have a direct say in adding, repealing, or amending provisions of the constitution.

The distinction between constitutional amendments and constitutional revisions is important to note. While both require voter approval, they differ in their proposal processes. A constitutional revision is considered a substantial change to the entire constitution, whereas an amendment is a less extensive change to specific provisions. Constitutional revisions originally required a constitutional convention but can now be passed with the approval of two-thirds of the Legislature and a majority of voters.

The ease of amending the California Constitution has been a subject of debate, with some arguing that the procedures are too lax, leading to a lengthy and incoherent constitution. Since its enactment, the California Constitution has been amended an average of five times each year, with over 480 amendments as of 2022.

Ballot propositions

The California Constitution can be amended or revised through ballot propositions, which are proposed either by the Legislature or by citizens. Ballot propositions are a way for the people of California to directly add, repeal, or amend provisions of the state constitution or statutes. They can propose bond measures, constitutional amendments, or statutes that change existing statutes previously approved by initiative.

The constitution can also be amended through the "'initiative process", in which the signatures of the requisite number of voters on a petition are sufficient to cause the Secretary of State to place the petition on the ballot. This requires the signatures of at least 8% of the votes cast in the previous gubernatorial election, which is one of the lowest thresholds of any state in the country.

Since its enactment, the California Constitution has been amended an average of five times each year, making it the second-most amended constitution in the United States after Alabama. This has led to criticism that the procedures for amending the constitution are too lax, resulting in a document filled with irrelevant detail and incoherent policies created by conflicting majorities attempting to impose their will through the ballot process.

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