Amended in Assembly July 3, 2014

California Legislature—2013–14 Regular Session

Assembly Constitutional Amendment No. 6

Introduced by Assembly Member Gatto

(Principal coauthor: Assembly Member Gordon)

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(Coauthors: Assembly Members Gorell, Melendez, and Nestande)

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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 begin delete Sections 3 and end delete begin insert Section end insert 4 of Article XVIII thereof, relating to begin delete initiatives. end delete begin insert constitutional amendments. end insert

LEGISLATIVE COUNSEL’S DIGEST

ACA 6, as amended, Gatto. begin delete Initiatives: constitutional end delete begin insert Constitutional end insert amendments: voter approval.

Existing provisions of the California Constitution provide for the begin insert Legislature and end insert electors to propose amendments begin insert or revisions end insert to the Constitution begin delete by initiative and to adopt or reject them end delete . Any proposed begin delete initiative measure end delete begin insert constitutional amendment or revision end insert 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 begin insert or revise end insert the Constitution begin delete by an initiative measure end delete , except that this measure would permit the electors to repeal begin insert by a majority vote end insert a previously adopted begin delete initiative or legislative end delete amendment begin delete to end delete begin insert or revision of end insert the Constitution, including certain subsequent amendments to begin delete that end delete begin insert the section or sections of the Constitution added or amended by the previously adopted end insert constitutional amendment begin delete , by an initiative measure passed by a majority vote end delete begin insert or revision, as specified end insert .

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.”

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Second--  

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

SEC. 3.  

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

(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.

(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.

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begin delete Third-- end delete
begin insert Second-- end insert   

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

SEC. 4.  

begin insert (a) end insert begin insert   end insert A proposed amendment or revision begin insert of the
Constitution end insert shall be submitted to the electors and if approved by
begin delete a majority of votes thereon, or by end delete begin insert not less than end insert 55 percent of the
votes begin insert cast end insert thereon begin delete under subdivision (a) of Section 3 end delete begin insert , except as
provided in subdivision (b) end insert , takes effect the day after the election
unless the measure provides otherwise. begin delete If end delete

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(b) (1) Except as provided by paragraph (2), upon approval
by a majority of the votes cast thereon a proposed amendment or
revision of the Constitution may repeal a previously adopted
amendment or revision of the Constitution, including any
subsequent amendments made to the section or sections of the
Constitution added or amended by a previously adopted
constitutional amendment or revision.

end insert begin insert

(2) Paragraph (1) shall not apply in the event a measure that
made subsequent amendments to a section or sections of the
Constitution added or amended by a previously adopted
constitutional amendment or revision itself added, amended, or
repealed one or more sections of the Constitution other than those
added or amended by the previously adopted amendment or
revision.

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begin insert (c) end insert begin insert   end insert begin insert If the end insert provisions of two or more measures approved at the
same election conflict, those of the measure receiving the highest
affirmative vote shall prevail.