California Legislature—2013–14 Regular Session

Assembly Constitutional Amendment No. 6

Introduced by Assembly Member Gatto

(Principal coauthor: Assembly Member Gordon)

February 11, 2013

Assembly Constitutional Amendment No. 6—A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Sections 3 and 4 of Article XVIII thereof, relating to initiatives.

LEGISLATIVE COUNSEL’S DIGEST

ACA 6, as introduced, Gatto. Initiatives: constitutional amendments: voter approval.

Existing provisions of the California Constitution provide for the electors to propose amendments to the Constitution by initiative and to adopt or reject them. Any proposed initiative measure submitted to the voters becomes effective if it is approved by a majority of votes cast.

This measure would increase the vote requirement from a majority to 55% of the votes cast for the electors to amend the Constitution by an initiative measure, except that this measure would permit the electors to repeal a previously adopted initiative or legislative amendment to the Constitution, including certain subsequent amendments to that constitutional amendment, by an initiative measure passed by a majority vote.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: no. 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 this measure shall be known and may be cited as
the “Constitution Protection Act.”

Second--  

That Section 3 of Article XVIII thereof is amended
to read:

SEC. 3.  

begin insert (a) end insert begin insert   end insert The electors may amend the Constitution by begin insert an end insert
initiative begin insert measure approved by a minimum of 55 percent end insert begin insert of the
votes cast thereon, or as specified in subdivision (b) end insert .

begin insert

(b) (1) The electors, by an initiative measure passed by a
majority of votes cast thereon, may repeal a previously adopted
initiative or legislative amendment to the Constitution.

end insert begin insert

(2) The repeal of a previously adopted amendment to the
Constitution pursuant to this subdivision shall also be deemed to
repeal any subsequent amendments to that constitutional
amendment. However, this subdivision is not applicable to repeal
a previously adopted constitutional amendment if the measure that
contained any such subsequent amendment, as adopted by the
electors, also included one or more constitutional provisions that
did not amend the previously adopted amendment.

end insert

Third--  

That Section 4 of Article XVIII thereof is amended to
read:

SEC. 4.  

A proposed amendment or revision shall be submitted
to the electors and if approved by a majority of votes thereon begin insert , or
by 55 percent of the votes thereon under subdivision (a) of Section
3, end insert takes effect the day after the election unless the measure provides
otherwise. If provisions of begin delete 2 end delete begin insert two end insert or more measures approved at
the same election conflict, those of the measure receiving the
highest affirmative vote shall prevail.