ACA 12 Assembly Constitutional Amendment

BILL NUMBER: ACA 12	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gorell

                        MARCH 5, 2014

   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: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.



   Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2013-14 Regular Session
commencing on the third day of December 2012, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California that the Constitution of the State be
amended as follows:
  First--  That Section 6 of Article II thereof is amended to read:
      SEC. 6.  (a) All judicial, school, county, and city offices,
 including   and  the  offices of the
Secretary of State and the  Superintendent of Public
Instruction, shall be nonpartisan.
   (b) A political party or party central committee shall not
nominate a candidate for nonpartisan office, and the candidate's
party preference shall not be included on the ballot for the
nonpartisan office.
  Second--  That Section 9 of Article II thereof is amended to read:
      SEC. 9.  (a) The referendum is the power of the electors to
approve or reject statutes or parts of statutes  ,  except
urgency statutes, statutes calling elections, and statutes providing
for tax levies or appropriations for  the  usual current
expenses of the State.
   (b) A referendum measure may be proposed by presenting to the
Secretary of State, within 90 days after the enactment date of the
statute, a petition certified to have been signed by electors equal
in number to 5 percent of the votes for all candidates for Governor
at the last gubernatorial election, asking that the statute or part
of it be submitted to the electors. In the case of a statute enacted
by a bill passed by the Legislature on or before the date the
Legislature adjourns for a joint recess to reconvene in the second
calendar year of the biennium of the legislative session, and in the
possession of the Governor after that date, the petition may not be
presented on or after January 1 next following the enactment date
unless a copy of the petition is submitted to the  Attorney
General   Secretary of State  pursuant to
subdivision (d) of Section 10  of Article II  before
January 1.
   (c) The Secretary of State shall then submit the measure at the
next general election held at least 31 days after it qualifies or at
a special statewide election held prior to that general election. The
Governor may call a special statewide election for the measure.
  Third--  That Section 10 of Article II thereof is amended to read:
      SEC. 10.  (a) An initiative statute or referendum approved by a
majority of votes  cast  thereon takes effect the day after
the election unless the measure provides otherwise. If a referendum
petition is filed against a part of a statute  ,  the
remainder  of the statute  shall not be delayed from going
into effect.
   (b) If provisions of  2   two  or more
measures approved at the same election conflict, those of the measure
receiving the highest  affirmative vote  
number of affirmative votes  shall prevail.
   (c) The Legislature may amend or repeal  a  referendum
 statutes   statute  .  It
  The Legislature  may amend or repeal an
initiative statute by another statute that becomes effective only
when approved by the electors  ,  unless the initiative
statute permits amendment or repeal without  their 
 the approval  of the electors  .
   (d) Prior to circulation of an initiative or referendum petition
for signatures, a copy shall be submitted to the  Attorney
General   Secretary of State,  who shall prepare a
title and summary of the measure as provided by law.
   (e) The Legislature shall provide the manner in which petitions
shall be circulated, presented, and certified, and measures submitted
to the electors.
  Fourth--  That Section 16 of Article II thereof is amended to read:

      SEC. 16.   (a)    The Legislature shall
provide for  the  circulation, filing, and certification of
petitions,  the  nomination of candidates, and  the
 recall  election   elections  .

   (b) For each statewide ballot measure, the Secretary of State
shall prepare the ballot label and shall prepare the ballot title and
summary for the state ballot pamphlet. 
  Fifth--  That Section 8 of Article IV thereof is amended to read:
      SEC. 8.  (a) At regular sessions no bill other than the budget
bill may be heard or acted on by committee or either house until the
31st day after the bill is introduced  ,  unless the house
dispenses with this requirement by rollcall vote entered in the
journal,  three fourths   three-fourths  of
the membership concurring.
   (b) The Legislature may make no law except by statute and may
enact no statute except by bill. No bill may be passed unless it is
read by title on  3   three  days in each
house  ,  except that the house may dispense with this
requirement by rollcall vote entered in the journal,  two
thirds   two-thirds  of the membership concurring.
No bill may be passed until the bill with amendments has been printed
and distributed to the  members   Members 
. No bill may be passed unless, by rollcall vote entered in the
journal, a majority of the membership of each house concurs.
   (c) (1) Except as provided in paragraphs (2) and (3)  of
this subdivision  , a statute enacted at a regular session
shall go into effect on January 1 next following a 90-day period from
the date of enactment of the statute  ,  and a statute
enacted at a special session shall go into effect on the 91st day
after adjournment of the special session at which the bill was
passed.
   (2) A statute, other than a statute establishing or changing
boundaries of  any legislative, congressional, or other
  an  election district, enacted by a bill passed
by the Legislature on or before the date the Legislature adjourns for
a joint recess to reconvene in the second calendar year of the
biennium of the legislative session, and in the possession of the
Governor after that date, shall go into effect on January 1 next
following the enactment date of the statute unless, before January 1,
a copy of a referendum petition affecting the statute is submitted
to the  Attorney General   Secretary of State
 pursuant to subdivision (d) of Section 10 of Article II, in
which event the statute shall go into effect on the 91st day after
the enactment date unless the petition has been presented to the
Secretary of State pursuant to subdivision (b) of Section 9 of
Article II.
   (3) Statutes calling elections, statutes providing for tax levies
or appropriations for the usual current expenses of the State, and
urgency statutes shall go into effect immediately upon their
enactment.
   (d) Urgency statutes are those necessary for immediate
preservation of the public peace, health, or safety. A statement of
facts constituting the necessity shall be set forth in one section of
the bill. In each house  ,  the section and the bill shall
be passed separately, each by rollcall vote entered in the journal,
 two thirds   two-thirds  of the membership
concurring. An urgency statute may not create or abolish any office
or change the salary, term, or duties of any office, or grant any
franchise or special privilege, or create any vested right or
interest.