California Legislature—2013–14 Regular Session

Assembly Constitutional AmendmentNo. 12


Introduced by Assembly Member Gorell

March 5, 2014


Assembly Constitutional Amendment No. 12—A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Sections 6, 9, 10, and 16 of Article II thereof, and by amending Section 8 of Article IV thereof, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

ACA 12, as introduced, Gorell. Elections: Secretary of State.

The California Constitution provides that all judicial, school, county, and city offices, and the office of the Superintendent of Public Instruction, are nonpartisan.

This measure would provide that the office of the Secretary of State is also a nonpartisan office.

The California Constitution provides that the electors may propose a statute or an amendment to the California Constitution by initiative and approve or reject a statute by referendum. An initiative measure may be proposed by presenting to the Secretary of State a petition that sets forth the text of the proposed statute or amendment to the Constitution, and is certified to have been signed by the required number of electors, as prescribed. A referendum measure may be proposed by presenting to the Secretary of State a petition that sets forth the statute or part of the statute to be submitted to the electors, and is certified to have been signed by the required number of electors. Prior to the circulation of an initiative or referendum petition for signatures, the California Constitution requires that a copy of the petition be submitted to the Attorney General, who is required to prepare a title and summary of the measure. Existing statutory law also directs the Attorney General to prepare the ballot label, and the ballot title and summary that is included in the ballot pamphlet, for each measure that appears on a statewide ballot.

This measure would require that an initiative or referendum petition be submitted to the Secretary of State instead of the Attorney General, and would transfer from the Attorney General to the Secretary of State the duty of preparing the title and summary for an initiative or referendum petition that is to be circulated. The measure would also require, for each measure that appears on a statewide ballot, that the Secretary of State prepare the ballot label and the ballot title and summary for the ballot pamphlet.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

P2    1Resolved by the Assembly, the Senate concurring, That the
2Legislature of the State of California at its 2013-14 Regular
3Session commencing on the third day of December 2012,
4two-thirds of the membership of each house concurring, hereby
5proposes to the people of the State of California that the
6Constitution of the State be amended as follows:

7

First--  

That Section 6 of Article II thereof is amended to read:

8

SEC. 6.  

(a) All judicial, school, county, and city offices,
9begin delete includingend deletebegin insert andend insert thebegin insert offices of the Secretary of State and theend insert
10 Superintendent of Public Instruction, shall be nonpartisan.

11(b) A political party or party central committee shall not
12nominate a candidate for nonpartisan office, and the candidate’s
13party preference shall not be included on the ballot for the
14nonpartisan office.

15

Second--  

That Section 9 of Article II thereof is amended to read:

16

SEC. 9.  

(a) The referendum is the power of the electors to
17approve or reject statutes or parts of statutesbegin insert,end insert except urgency
18statutes, statutes calling elections, and statutes providing for tax
19levies or appropriations forbegin insert theend insert usual current expenses of the State.

20(b) A referendum measure may be proposed by presenting to
21the Secretary of State, within 90 days after the enactment date of
22the statute, a petition certified to have been signed by electors
23equal in number to 5 percent of the votes for all candidates for
24 Governor at the last gubernatorial election, asking that the statute
P3    1or part of it be submitted to the electors. In the case of a statute
2enacted by a bill passed by the Legislature on or before the date
3the Legislature adjourns for a joint recess to reconvene in the
4second calendar year of the biennium of the legislative session,
5and in the possession of the Governor after that date, the petition
6may not be presented on or after January 1 next following the
7enactment date unless a copy of the petition is submitted to the
8begin delete Attorney Generalend deletebegin insert Secretary of Stateend insert pursuant to subdivision (d) of
9Section 10begin delete of Article IIend delete before January 1.

10(c) The Secretary of State shall then submit the measure at the
11next general election held at least 31 days after it qualifies or at a
12special statewide election held prior to that general election. The
13Governor may call a special statewide election for the measure.

14

Third--  

That Section 10 of Article II thereof is amended to read:

15

SEC. 10.  

(a) An initiative statute or referendum approved by
16a majority of votesbegin insert castend insert thereon takes effect the day after the
17election unless the measure provides otherwise. If a referendum
18petition is filed against a part of a statutebegin insert,end insert the remainderbegin insert of the
19statuteend insert
shall not be delayed from going into effect.

20(b) If provisions ofbegin delete 2end deletebegin insert twoend insert or more measures approved at the
21same election conflict, those of the measure receiving the highest
22begin delete affirmative voteend deletebegin insert number of affirmative votesend insert shall prevail.

23(c) The Legislature may amend or repealbegin insert aend insert referendumbegin delete statutesend delete
24begin insert statuteend insert.begin delete Itend deletebegin insert The Legislatureend insert may amend or repeal an initiative statute
25by another statute that becomes effective only when approved by
26the electorsbegin insert,end insert unless the initiative statute permits amendment or
27repeal withoutbegin delete theirend deletebegin insert theend insert approvalbegin insert of the electorsend insert.

28(d) Prior to circulation of an initiative or referendum petition
29for signatures, a copy shall be submitted to thebegin delete Attorney Generalend delete
30begin insert Secretary of State,end insert who shall prepare a title and summary of the
31measure as provided by law.

32(e) The Legislature shall provide the manner in which petitions
33shall be circulated, presented, and certified, and measures submitted
34to the electors.

35

Fourth--  

That Section 16 of Article II thereof is amended to
36read:

37

SEC. 16.  

begin insert(a)end insertbegin insertend insert The Legislature shall provide forbegin insert theend insert circulation,
38filing, and certification of petitions,begin insert theend insert nomination of candidates,
39andbegin delete theend delete recallbegin delete electionend deletebegin insert electionsend insert.

begin insert

P4    1(b) For each statewide ballot measure, the Secretary of State
2shall prepare the ballot label and shall prepare the ballot title and
3summary for the state ballot pamphlet.

end insert
4

Fifth--  

That Section 8 of Article IV thereof is amended to read:

5

SEC. 8.  

(a) At regular sessions no bill other than the budget
6bill may be heard or acted on by committee or either house until
7the 31st day after the bill is introducedbegin insert,end insert unless the house dispenses
8with this requirement by rollcall vote entered in the journal,begin delete three
9fourthsend delete
begin insert three-fourthsend insert of the membership concurring.

10(b) The Legislature may make no law except by statute and may
11enact no statute except by bill. No bill may be passed unless it is
12read by title onbegin delete 3end deletebegin insert threeend insert days in each housebegin insert,end insert except that the house
13may dispense with this requirement by rollcall vote entered in the
14journal,begin delete two thirdsend deletebegin insert two-thirdsend insert of the membership concurring. No
15bill may be passed until the bill with amendments has been printed
16and distributed to thebegin delete membersend deletebegin insert Membersend insert. No bill may be passed
17unless, by rollcall vote entered in the journal, a majority of the
18membership of each house concurs.

19(c) (1) Except as provided in paragraphs (2) and (3)begin delete of this
20subdivisionend delete
, a statute enacted at a regular session shall go into
21effect on January 1 next following a 90-day period from the date
22of enactment of the statutebegin insert,end insert and a statute enacted at a special session
23shall go into effect on the 91st day after adjournment of the special
24session at which the bill was passed.

25(2) A statute, other than a statute establishing or changing
26boundaries ofbegin delete any legislative, congressional, or otherend deletebegin insert anend insert election
27district, enacted by a bill passed by the Legislature on or before
28the date the Legislature adjourns for a joint recess to reconvene in
29the second calendar year of the biennium of the legislative session,
30and in the possession of the Governor after that date, shall go into
31effect on January 1 next following the enactment date of the statute
32unless, before January 1, a copy of a referendum petition affecting
33the statute is submitted to thebegin delete Attorney Generalend deletebegin insert Secretary of Stateend insert
34 pursuant to subdivision (d) of Section 10 of Article II, in which
35event the statute shall go into effect on the 91st day after the
36enactment date unless the petition has been presented to the
37Secretary of State pursuant to subdivision (b) of Section 9 of
38Article II.

39(3) Statutes calling elections, statutes providing for tax levies
40or appropriations for the usual current expenses of the State, and
P5    1urgency statutes shall go into effect immediately upon their
2enactment.

3(d) Urgency statutes are those necessary for immediate
4preservation of the public peace, health, or safety. A statement of
5facts constituting the necessity shall be set forth in one section of
6the bill. In each housebegin insert,end insert the section and the bill shall be passed
7separately, each by rollcall vote entered in the journal,begin delete two thirdsend delete
8begin insert two-thirdsend insert of the membership concurring. An urgency statute may
9not create or abolish any office or change the salary, term, or duties
10of any office, or grant any franchise or special privilege, or create
11any vested right or interest.



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