BILL ANALYSIS Ó
ACA 6
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ASSEMBLY THIRD READING
ACA 6 (Gatto)
As Introduced February 11, 2013
2/3 vote
ELECTIONS 5-2 APPROPRIATIONS 12-5
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|Ayes:|Fong, Bocanegra, Bonta, |Ayes:|Gatto, Bocanegra, |
| |Hall, Weber | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Hall, |
| | | |Ammiano, Pan, Quirk, |
| | | |Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Donnelly, Logue |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Linder, Wagner |
| | | | |
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SUMMARY : Requires an initiative measure that amends the State
Constitution to receive 55% of the vote in order to be approved,
unless the measure repeals a previously adopted constitutional
amendment. Specifically, this constitutional amendment :
1)Requires an initiative measure that proposes to amend the
state constitution, except for a measure that repeals a
previously adopted amendment to the constitution, to receive a
minimum of 55% of votes cast thereon in support in order to be
approved.
2)Provides that an initiative measure that proposes to repeal a
previously adopted constitutional amendment may be approved on
a majority vote. Provides that the repeal of a previously
adopted amendment pursuant to this provision shall also be
deemed to repeal any subsequent amendments to that
constitutional amendment, but provides that this provision is
not applicable to repeal a previously adopted constitutional
amendment if the measure that contained any such subsequent
amendment also included one or more constitutional provisions
that did not amend the previously adopted amendment.
EXISTING LAW provides that all constitutional amendments,
whether placed on the ballot by the Legislature or by an
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initiative, shall take effect if approved by a majority of votes
cast thereon.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, one-time General Fund costs of about $220,000 to
include an analysis of this measure, and arguments for and
against the measure, in the state voter information guide.
COMMENTS : According to the author, "ACA 6 increases the vote
threshold for an initiative constitutional amendment to 55% of
the votes cast thereon but maintains that a simple majority of
voters may repeal a previously adopted constitutional
amendment?.
"A constitution is the most fundamental document in any
government, holding within it the rights of the people as well
as the most basic rules by which the people's business is
conducted. Any change to it should not be taken lightly. Even
the founders of our nation thought the concept of a constitution
so sacred that they wrote into the US Constitution a process of
amendment so difficult so as to ensure that it would only happen
when truly necessary. While the US Constitution has been amended
only 27 times in 223 years, California's has been amended 521
times in 133 years. That is because California makes it the
easiest to amend its Constitution of any of the 50 states.
"ACA 6 is a reasonable measure that seeks to make California's
constitutional amendment process more reflective of the national
constitutional amendment process by placing a higher threshold
for voters' consideration and passage of initiative
constitutional amendments to protect the document's sacredness."
In the last decade, California voters have voted on 68
initiative measures. Of those 68 measures, 35 proposed
amendments to the state constitution. During that time, about
31% of initiative measures that amended the constitution were
approved, compared to 33% of initiative measures that made only
statutory changes.
Under this measure, an initiative constitutional amendment would
require approval by 55% of voters statewide to take effect.
This supermajority vote requirement would apply only to
constitutional amendments that are proposed through the
initiative process-that is, constitutional amendments that are
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placed on the ballot after proponents gather a sufficient number
of signatures on an initiative petition. The vote requirement
for constitutional amendments that are proposed by the
Legislature would not be affected by this measure.
Since the creation of the initiative process, the voters have
approved 53 initiative measures that proposed amendments to the
constitution. Of this total, 36 received more than 55% of the
vote. In the last 25 years, 13 of the 24 initiative
constitutional amendments approved by the voters have received
more than 55% of the vote. Among the high profile initiatives
that amended the constitution and passed, but did not receive
55% of the vote are: Proposition 98 of 1988 (school funding);
Proposition 140 of 1990 (term limits); Proposition 209 of 1996
(affirmative action); Proposition 8 of 2008 (same-sex marriage);
and Proposition 11 of 2008 (redistricting commission).
Of the 18 states that permit the state constitution to be
amended through the initiative process, only one state requires
all initiative constitutional amendments to be approved by a
supermajority in all circumstances. In 2006, Florida voters
approved a constitutional amendment that requires any future
amendment to the Florida Constitution, whether put on the ballot
by initiative or by the Legislature, to be approved by 60% of
voters in order to take effect.
Certain other states do require a supermajority vote to approve
an initiative constitutional amendment in certain circumstances.
In Illinois, initiative constitutional amendments must pass by
three-fifths of those voting on the measure or by a majority of
those voting in the election. Massachusetts, Mississippi, and
Nebraska all permit initiative constitutional amendments to pass
on a majority vote, provided that the total number of votes cast
on the initiative equals a specified threshold (ranging from 30
to 40% ) of the total votes cast in the election.
As a constitutional amendment, this measure requires the
approval of the voters to take effect.
Please see the policy committee analysis for a full discussion
of this measure.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
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