Amended in Assembly August 21, 2014

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)

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

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 Section 4 of Article XVIII thereof, relating to constitutional amendments.

LEGISLATIVE COUNSEL’S DIGEST

ACA 6, as amended, Gatto. Constitutional amendments: voter approval.

Existing provisions of the California Constitution provide for the Legislature and electors to propose amendments or revisions to the Constitution. Any proposed constitutional amendment or revision 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 or revise the Constitution, except that this measure would permit the electors begin insert by a majority vote end insert to begin delete repeal by a majority vote a previously adopted amendment or revision of the Constitution, including certain subsequent amendments to the section or sections of the Constitution added or amended by the previously adopted constitutional amendment or revision, as specified end delete begin insert approve an amendment or revision if the sole effect is to reverse one or more changes made to the Constitution by a previous amendment or revision that, prior to the adoption of this measure, was adopted by a majority vote 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.”

Second--  

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

SEC. 4.  

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

(b)  begin delete (1) Except as provided by paragraph (2), upon approval by
a majority of the votes cast thereon a end delete begin insert A end insert proposed amendment or
revision of the Constitution begin delete 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 delete begin insert shall be approved by a
majority of the votes cast thereon if its sole effect is to reverse one
or more of the changes made to the Constitution by a previous
amendment or revision that, prior to the operative date of the
measure that added this subdivision, was adopted by a majority
of the votes cast thereon end insert .

begin delete

(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.

end delete

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