BILL ANALYSIS Ó
ACA 10
Page 1
ASSEMBLY THIRD READING
ACA 10 (Gatto)
As Amended April 9, 2012
2/3 vote
ELECTIONS 4-1 APPROPRIATIONS 12-5
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|Ayes:|Fong, Bonilla, Hall, |Ayes:|Gatto, Blumenfield, |
| |Gatto | |Bradford, |
| | | |Charles Calderon, Campos, |
| | | |Davis, Fuentes, Hall, |
| | | |Hill, Cedillo, Mitchell, |
| | | |Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Logue |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Requires signatures on a petition for a proposed
initiative measure to amend the state constitution to be
geographically distributed among at least 27 state Senate
districts, as specified, in order for that initiative to appear
on the ballot. Requires an initiative measure that amends the
state constitution to receive 55% of the vote in order to be
approved, unless the measure repeals a previously adopted
constitutional amendment. Specifically, this measure :
1)Provides that, in order for an initiative that amends the
state constitution to qualify for the ballot, the petition for
that initiative must include signatures from each of the 27
Senatorial districts in the state equal in number to 8% of the
votes cast for candidates for Governor in the last
gubernatorial election, in addition to including signatures
equal in number to 8% of the votes cast for candidates for
Governor statewide.
2)Requires an initiative measure that proposes to amend the
state constitution to receive at least 55% of the votes cast
thereon in support in order to be approved, unless the sole
effect of the initiative is to repeal one or more amendments
to the Constitution previously approved by the electors, in
which case a majority vote is required.
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3)Makes various corresponding and technical changes.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)One-time General Fund costs of about $220,000 to include an
analysis of this measure, and arguments for and against the
measure, in the state voter pamphlet.
2)Likely significant increase in costs to county elections
officials to verify signatures according to Senate Districts.
Because this mandate would be established only upon voter
approval of this constitutional amendment, these costs would
not be state reimbursable.
COMMENTS : According to the author, "A constitution is the most
fundamental document in any government, holding within it the
rights of the people as well as the most basic rules by which
the people's business is conducted. Any change to it should not
be taken lightly. Even the founders of our nation thought the
concept of a constitution so sacred that they wrote into the US
Constitution a process of amendment so difficult so as to ensure
that it would only happen when truly necessary. While the US
Constitution has been amended only 27 times in 223 years,
California's has been amended 521 times in 133 years. That is
because California makes it the easiest to amend its
Constitution of any of the 50 states?
"ACA 10 is a reasonable measure that seeks to make California's
constitutional amendment process more reflective of the national
constitutional amendment process by placing higher thresholds
for voters' consideration and passage of initiative
constitutional amendments to protect the document's sacredness."
Since the creation of the initiative process, the voters have
approved 52 initiative measures that proposed amendments to the
constitution, including Proposition 28 at the statewide primary
election held last month. Of this total, 35 received more than
55% of the vote. Among the high profile initiatives that passed
but did not receive 55% of the vote are: Proposition 98 of 1988
(school funding); Proposition 140 of 1990 (term limits);
Proposition 8 of 2008 (same-sex marriage); and, Proposition 11
of 2008 (redistricting commission).
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According to the National Conference of State Legislatures
(NCSL), of the 18 states that permit the state constitution to
be amended through the initiative process, only one requires all
initiative constitutional amendments to be approved by a
supermajority in all circumstances. In Florida, any amendment
to the state constitution, whether put on the ballot by
initiative or by the Legislature, must be approved by 60% of
voters in order to take effect. Certain other states do require
a supermajority vote to approve an initiative constitutional
amendment in certain circumstances, however. In Illinois,
initiative constitutional amendments must pass by three-fifths
of those voting on the measure or by a majority of those voting
in the election. Massachusetts, Mississippi, and Nebraska all
permit initiative constitutional amendments to pass on a
majority vote, provided that the total number of votes cast on
the initiative equals a specified threshold (ranging from 30% to
40%) of the total votes cast in the election.
According to information from NCSL, of the 24 states that have
the initiative process, 12 require some sort of geographic
distribution requirement for signatures on an initiative
petition in order for that measure to qualify for the ballot.
These geographic distribution requirements typically require
initiative proponents to collect a specified number of
signatures in a certain number of counties, legislative
districts, or congressional districts. Federal courts have
struck down laws that had county-based requirements.
Nevada's county-based geographic distribution requirement was
struck down by federal courts, but that state's subsequent law
requiring a congressional district-based distribution
requirement was upheld by the Ninth Circuit Court of Appeals,
which ruled that it did not suffer from the same deficiencies as
the county-based distribution requirement because the
congressional district-based requirement "grants equal political
power to?districts having equal populations," unlike the
county-based requirement. The distribution requirement in this
measure is analogous to this Nevada law, because the geographic
distribution requirement is based on Senate districts that have
equal populations.
As a constitutional amendment, this measure requires the
approval of the voters to take effect.
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Please see the policy committee analysis for a full discussion
of this measure.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0004954