Monday, January 5, 2009

California's Crazy Initiative Process

Awhile back a reader asked for more information on the process which put Proposition 8 on the November ballot. Here goes --

California uses the direct initiative process, which enables voters to bypass the Legislature and have an issue put directly on the ballot for voter approval or rejection.

Here are the steps in the Initiative Process:

  • Proponents write the draft text of the proposed law.
  • The draft is submitted to the Attorney General, along with $200. The money is refunded if the measure qualifies for the ballot; otherwise the money is placed in the state's general fund.
  • The Attorney General prepares a title and official summary.
  • The Attorney General sends the summary to proponents, the Senate, the Assembly and the Secretary of State. The legislature may conduct public hearings on it, but cannot amend it.
  • Calendar deadlines are calculated from the date the summary is sent to the proponents (the official summary date).
  • Petitions must have the official summary on each signature page.
  • Circulation of petitions can only begin on the official summary date. Completed, signed petitions must be filed no later than 150 days from the official summary date. Each initiative will be placed on the next statewide general or special election ballot that occurs 131 days after the petition qualifies.
  • Number of signatures required:
    • -Initiative stature: 5 percent of the votes cast for all candidates who ran for governor in the last election. Currently the number of signatures required to qualify for this ballot is 373,816.
    • -Initiative constitutional amendment: 8 percent of the voters cast for all candidates who ran for governor in the last election. Currently the number required to qualify for this ballot is 598,105.

  • Signers may withdraw their names by filing a written request.
  • Petitions must be filed in the county in which they were circulated.
  • If the state total based on random sampling is more than 110 percent of the required number of signatures, the Secretary of State certifies the initiative as qualified for the ballot. If the random sampling total is between 95 and 110 percent of the required number, a full count of all the signatures is ordered.
  • When the initiative measure qualifies, it is sent to the legislature. It is assigned to the appropriate committees, which then hold joint public hearings on the subject at least 30 days before the election. The Legislature has no authority to alter the measure or prevent it from going on the ballot.
  • Under the Political Reform Act of 1974, committees supporting or opposing an initiative must file campaign disclosure statements if they have made or received contributions or made expenditures.
  • Proponents and opponents may submit arguments for inclusion in the ballot pamphlet.
  • An initiative measure approved by majority vote takes effect the day after the election unless it specifies otherwise. If provisions of two or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote prevail. The Legislature may amend or repeal initiative statutes by another statute that becomes effective only when approved by voters, unless the initiative statute permits amendment or repeal without their approval.
That's it. So if you happen to have $200 and know half a million people, you, too, can get something on a ballot in California. Then, if you happen to know a lot more people, you can get your idea voted into law.
Go figure.

4 comments:

Arava said...

Great post Mary. The $200 isn't a problem and if I stay on facebook long enough...who knows?

Marnie said...

Arava's comment is great! Thanks for the political lesson - something I never knew. Another good post Mary.

Anonymous said...

Thank you for the information. It's quite gratifying to see someone display this level of initiative and courtesy.
Having so said.....
Petition drives, legislative committees and public hearings do tend toward garnering some small notice.
Where were all the people who went rabid when it passed? A small percentage of the anguished energy would have been enough to kill this thing before it grew.

MaryWalkerBaron said...

Even without the public hearings and legislative committees, those against Prop 8 should have seen it coming and gotten into gear.