Proposing Amendments: California's Unique Process

California's constitution is the primary organising law for the state, outlining the duties, powers, structures and functions of the government. The 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. A constitutional convention may be called if two-thirds of each chamber of the state legislature agree, and any amendment proposed by the convention may be submitted to the voters at a general election. Alternatively, electors may amend the constitution by initiative, which requires a petition to be submitted to the Secretary of State with the certified signatures of 8% of the total vote for all candidates for Governor at the most recent gubernatorial election.

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Proposing a constitutional amendment via the legislature

Proposing a constitutional amendment in California via the legislature involves a two-step process. Firstly, the proposal must be approved by a two-thirds majority vote in both houses of the legislature. This is known as a roll call vote, and the author of the amendment is referred to as the "sponsor". The amendment is then placed on the ballot for a statewide election.

It is important to note that the Governor does not have a formal role in the adoption of proposed amendments. The second step of the process is for the voters of California to approve the amendment at the ballot box. This can be done at a general election, or a special election called by the Governor if deemed necessary. A simple majority of 50% plus one vote is required for the proposal to become law.

The legislature often adopts a "companion bill" alongside the proposed amendment. This is a bill that takes effect only if the constitutional amendment is passed by the people. These companion measures contain detailed statutory provisions to implement the constitutional amendment.

The California Constitution distinguishes between constitutional amendments and constitutional revisions. Amendments are considered less extensive changes to one or more provisions, while revisions are substantial changes to the entire constitution. Revisions require approval by two-thirds of the Legislature and a majority of voters.

Proposing a constitutional amendment via a citizen's initiative

The constitution of California can be amended or revised through a legislative proposal, a convention to revise the constitution, or an initiative. This answer will focus on the initiative process, which allows citizens to propose a constitutional amendment without the support of the Governor or the Legislature.

The first step in proposing a constitutional amendment via a citizens' initiative in California is to write the text of the proposed law (initiative draft). This involves drafting the specific language of the proposed amendment, which should include a short title and a summary of the amendment's purpose. The draft must be submitted to the Attorney General for review and to receive an official title and summary. The Attorney General's Office will prepare a title and summary that does not exceed 100 words, and this process usually takes 15 days.

Once the draft has been reviewed and an official title and summary have been received, the next step is to collect signatures from registered voters in support of the initiative. The number of required signatures is determined by the California Secretary of State, based on the initiative's filing date. The general requirement is the certified signatures of 8% of the total vote for all candidates for Governor in the most recent gubernatorial election. However, this percentage may vary depending on the specific circumstances of the initiative. It is important to note that initiatives filed before a gubernatorial election but intended for the following general election would use the previous requirement.

After collecting the required number of signatures, the signatures are submitted to county election officials for verification. The Secretary of State will then determine whether the initiative qualifies for the ballot. If the initiative qualifies, it will be put to a vote of the people, either at a general election or a special election called by the Governor if deemed necessary. The proposed amendment must receive majority vote approval from the people for it to be adopted and become part of the constitution.

It is worth noting that there are specific procedures and requirements for preparing and qualifying initiatives, which are outlined in resources such as the California Secretary of State's "How to Qualify an Initiative" guide and the Statewide Initiative Guide. Additionally, there is a 30-day public review period after the initiative is submitted, during which citizens can provide input and discuss the initiative. Proponents of the initiative are allowed to make alterations based on the feedback received during this period.

The number of signatures required for a citizen's initiative

The number of signatures required for a citizens' initiative to amend the California Constitution is currently set at 8% of the total votes cast for all candidates in the most recent gubernatorial election. This equates to a required number of 874,641 signatures as of 2023. This signature requirement is considered to be one of the lowest thresholds for similar measures in any U.S. state.

The citizens' initiative, also known as the 'initiative process', is one of two ways to amend the California Constitution. The other method involves the state legislature and voters. A constitutional amendment proposed by citizens must be submitted to the Secretary of State with the requisite number of certified signatures. This process is outlined in Section 3 of Article XVIII and Section 8 of Article II of the California Constitution.

The initiative process is a form of direct democracy, allowing electors to propose legislation and compel the legislature or the full electorate to vote on the measure. This process results in ballot propositions, which are proposed either by the legislature or by citizens. Propositions directly from the people are proposed by petitions circulated for the required number of voter signatures.

It is important to note that citizens' initiatives are only permitted to propose constitutional amendments and not constitutional revisions, which are considered substantial changes to the entire constitution. Constitutional amendments, on the other hand, are less extensive changes to one or more provisions of the constitution.

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The process of a constitutional convention

The process of proposing a constitutional amendment in California can be initiated by the state legislature or by the people through a citizen's initiative.

Legislative Proposal

For a legislative proposal, a constitutional amendment can be initiated if it passes both houses of the legislature by a two-thirds vote. A constitutional amendment does not need the Governor's signature but becomes part of the constitution only if the electorate approves it at the next general election. A special election can also be called by the Governor to consider a proposed constitutional amendment if it is deemed necessary. When the Legislature adopts a proposed constitutional amendment, it often also adopts a "companion bill", which takes effect only if the constitutional amendment is passed by the people.

Citizen's Initiative

The people of California may directly add, repeal, or amend provisions of the California Constitution through ballot propositions. These ballot propositions are proposed by citizens through petitions circulated for the required number of voter signatures. For a constitutional amendment initiative to be included on the ballot, a petition must be submitted to the Secretary of State with the certified signatures of 8% of the total vote for all candidates for Governor at the most recent gubernatorial election. As of the November 2012 gubernatorial election, the signature requirement is 807,615.

Constitutional Convention

A constitutional convention can be called to revise the constitution. This 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.

California has held two state constitutional conventions in 1849 and 1879. The 1849 convention consisted of 49 delegates and met for six weeks. The 1949 constitution was approved by a vote of 12,061 to 811 and was amended and ratified on 7 May 1879, following the Sacramento Convention of 1878-79.

The difference between an amendment and a revision

The California Constitution is the primary organising law for the US state of California, describing the duties, powers, structures and functions of the government of California. The constitution has undergone numerous changes since its original drafting in 1849. It has been amended or revised several times, with the current constitution dating back to 1879.

There is a legal distinction between "amending" and "revising" the California Constitution, although the constitution does not define these terms. The courts have defined the difference, with the California Supreme Court explaining that the distinction dates back to the original 1849 Constitution.

A constitutional amendment is a modification to an existing constitution. Amendments can be initiated by the Legislature, requiring a two-thirds vote in both houses, or by the people through the initiative process, which requires a petition with the requisite number of voter signatures. Amendments do not need the Governor's signature but become part of the constitution only if the electorate approves it at the next general election.

A constitutional revision, on the other hand, is a more significant change that "makes far-reaching changes in the nature of our basic governmental plan", according to the high court. Revisions require a constitutional convention to be convened and can only be proposed by the Legislature, with a two-thirds vote in both houses, and approved by a majority of voters. Voters exercising the initiative power are not permitted to propose a constitutional revision.

In summary, the key difference between an amendment and a revision is the scale and type of change proposed. Amendments are typically smaller modifications, while revisions are more substantial changes that affect the basic governmental framework set forth in the Constitution. The process for proposing and approving amendments and revisions also differs, with revisions requiring a constitutional convention and a more challenging political process.

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