When California voters open their ballots, they often find a stack of statewide propositions, each describing a change to state law or the state constitution. Many of them began with a citizen, an advocacy group or a business interest filing a proposal and gathering signatures. The initiative process dates to 1911 and has shaped everything from property taxes to marijuana law. It is also a process with many technical steps, and understanding them helps explain why some measures reach the ballot and others do not.
What is an initiative?
An initiative is a proposed law or constitutional amendment placed on the ballot by petition rather than by the Legislature. If a majority of voters approve it, it becomes law. The process exists because of a Progressive Era reform that gave voters the power to bypass legislators, along with the referendum, which lets voters challenge a law the Legislature has passed, and the recall, which allows removal of elected officials.
Three kinds of measures can appear on the statewide ballot. Initiative statutes change ordinary law, initiative constitutional amendments change the state constitution, and legislative measures, such as bond proposals and constitutional amendments, are placed on the ballot by the Legislature. This article focuses on citizen initiatives. The legislative path is part of how the Legislature makes law.
What are the first steps?
Everything starts with a filing. Proponents submit the text of the proposed measure to the Attorney General, along with a fee. The request is reviewed by the Legislative Analyst’s Office and the Department of Finance, which prepare a fiscal estimate of what the measure would cost or save the state and local governments. The Attorney General then writes an official title and summary, a short description that appears on the petition and later on the ballot.
The title and summary matter a great deal. Voters often decide quickly, and the wording shapes how they understand the measure. Proponents and opponents sometimes challenge the language in court. Once the title and summary are issued, proponents can begin collecting signatures.
How many signatures are required?
The requirement depends on the type of measure and is tied to the vote total for governor in the most recent election. For an initiative statute, proponents need signatures equal to 5 percent of the votes cast for governor. For an initiative constitutional amendment, the threshold is 8 percent. In recent election cycles, that has meant a little over 600,000 signatures for a statute and nearly a million for a constitutional amendment, though the exact numbers are recalculated each cycle.
Signers must be registered California voters. Proponents have a limited period to collect signatures, with sources citing between 150 and 180 days depending on the rule and the date of the official summary, so campaigns confirm the exact deadline with the Secretary of State. Most campaigns gather far more signatures than the minimum, often by a margin of fifty percent or more, because some signatures will be invalid or duplicates.
Gathering signatures has become an industry, with professional petition firms that hire paid circulators, and costs can run into the millions of dollars. A related issue is the rules against misleading signers, and state law imposes requirements on circulators and petitions.
How are signatures verified?
Once proponents submit petitions, county elections offices, including the San Diego County Registrar of Voters described in how to vote in San Diego County, count the signatures in their county and report the raw totals to the Secretary of State. If the raw count exceeds the requirement, counties then check a random sample, at least 500 signatures or 3 percent of the total, whichever is greater, comparing them with voter registration records.
The results from the sample determine what happens next:
- If the sample projects that more than 110 percent of the required number are valid, the measure qualifies.
- If it projects fewer than 95 percent, the measure fails.
- If the projection falls in between, counties must check every signature, a full count that takes weeks.
The Secretary of State certifies measures that qualify, and a measure must qualify by a deadline well before the election so that the state can print voter guides and ballots. Proponents can also withdraw a qualified initiative before the deadline, a provision that allows them to negotiate with the Legislature and settle for a legislative compromise.
What happens before the election?
After a measure qualifies, it is assigned a proposition number. The state publishes a voter information guide, mailed to every household, which contains the Attorney General’s title and summary, the Legislative Analyst’s explanation, arguments for and against and the full text. Campaigns on both sides raise money and run advertising, and the Secretary of State and the Fair Political Practices Commission require reporting of contributions.
Voters decide the measure on a simple majority, though some measures carry special rules. A measure that raises taxes must meet specific vote requirements if it is a legislative measure, and an initiative’s effect on the constitution can be significant. If two conflicting measures both pass, the one with more votes prevails to the extent they conflict.
What limits apply after passage?
The Legislature cannot repeal or amend an initiative statute unless the measure allows it or voters approve the change, though many measures include provisions that allow legislative amendments by a supermajority vote. The courts can strike down measures that violate the federal or state constitution. A constitutional amendment adopted by initiative can be changed only by another vote of the people.
These limits are part of why initiatives are powerful, and why many see them as a mixed blessing. Supporters say the process lets voters correct a Legislature that is slow or captured by interests. Critics say it can lock in policies, such as the property tax limits explained in Proposition 13, that are difficult to change.
What are the reform debates?
Several issues come up repeatedly. One is the cost of gathering signatures and the influence of money, which can make it difficult for grassroots groups to qualify measures. Another is the length and complexity of propositions, which can be hard for voters to evaluate. A third is the question of fiscal effects, because initiatives can set spending or revenue requirements that tie the hands of the Legislature. The Legislature has modified the process several times, including by allowing proponents to negotiate and withdraw measures and by adding deadlines.
Do initiatives affect San Diego specifically?
Statewide propositions apply everywhere, but their effects are not evenly felt. A measure about housing, water or taxes can change how San Diego’s city and county governments operate, and local officials often take public positions on measures that would affect their budgets. San Diego voters also see local initiatives, since city and county charters have their own petition rules. Those follow different signature thresholds and procedures, and they are administered by the city clerk or the county registrar. Residents who want to understand a local measure should read the clerk’s materials and the city attorney’s impartial analysis, which parallels the state’s ballot label.
How to follow an initiative
The Secretary of State’s website lists initiatives that have been cleared for circulation, their deadlines and their status. The Legislative Analyst’s Office publishes fiscal analyses, and the Attorney General’s site lists titles and summaries. Anyone who wants to evaluate a proposition should read the full text, not only the ballot label, and consider who is funding each side. The process rewards voters who take the time to learn what each measure actually does.
Sources: California Secretary of State; California Attorney General; California Legislative Analyst’s Office; California Constitution
