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Initiative Measures
Frequently Asked Questions
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What is an Initiative?
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What is a Referendum?
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I have an idea for an Initiative but am not sure how to write the text. Where can I get help?
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How do I submit an Initiative measure to the Attorney General's Office for a Title and Summary? What do I need to provide?
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Can I make changes to my proposed Initiative measure once it has been submitted to the Attorney General's Office for Title and Summary?
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How long will it take for the official Title and Summary to be issued and delivered to the Secretary of State?
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How many petition signatures are required to qualify an Initiative measure and/or Referendum measure for an election?
- What is an Initiative?
The Initiative is the power of the People to directly propose and enact state laws and amendments to the California Constitution. Under the initiative process, a proposed statute or constitutional amendment must receive a specified number of valid petition signatures in order to be placed on a statewide ballot for consideration by voters. An initiative measure may not address more than one subject. (Cal. Const. Art. II, § 8(d) and 12).
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- What is a Referendum?
The Referendum is the power of the People to approve or reject statutes or parts of statutes enacted by the Legislature. However, the Referendum does not apply to urgency statutes which take effect immediately, statutes calling for elections, and statutes providing for tax levies or appropriations for usual and current expenses of the State. To qualify for the statewide ballot, a Referendum measure must be submitted by specified deadlines after the enactment date of the statute. (Cal. Const. Art. II, § 9). For the specific deadlines that apply, contact the Initiative Coordinator or Secretary of State's Election Division.
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- I have an idea for an Initiative but am not sure how to write the text. Where can I get help?
Proponents may seek the help of private lawyers at their own expense or the assistance of the Office of the Legislative Counsel. A request to the Legislative Counsel must be submitted in writing with the specific idea for the new law or amendment, along with 25 or more signatures from electors. For further information, contact the Office of the Legislative Counsel, State Capitol, Room 3021, Sacramento, CA 95814; tel: 916-341-8000.
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- How do I submit an Initiative measure to the Attorney General's Office for a Title and Summary? What do I need to provide?
The proposed Initiative measure should be submitted to the Attorney General's Initiative
Coordinator via U.S. Postal Service, alternative mail services (e.g., U.P.S., Fed Ex) or
personal delivery. Proposed Initiative measures will not be accepted via e-mail or facsimile transmission.
A proponent must provide all of the following:
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(A) |
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LETTER REQUESTING PREPARATION OF A TITLE AND SUMMARY. This letter must have the original signatures of all proponents, if more than one is involved.
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(B) |
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SIGNED STATEMENT. California law now requires that you include a specific signed statement with your request for preparation of the Title and Summary. The statement required by Elections Code section 9608 is:
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I, ____________, acknowledge that it is a misdemeanor under state law (Section 18650 of the Elections Code) to knowingly or willfully allow the signatures on an initiative petition to be used for any purpose other than qualification of the proposed measure for the ballot. I certify that I will not knowingly or willfully allow the signatures for this initiative to be used for any purpose other than qualification of the measure for the ballot.
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__________________________________
(Signature of Proponent)
Dated this ____ day of __________, 20___
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(C) |
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TEXT OF PROPOSED INITIATIVE MEASURE.
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(D) |
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CHECK or MONEY ORDER FOR $200. Submissions by mail should have payment by check or money order payable to State of California or to the Attorney General's Office. Do not send cash in the mail. Cash may be accepted for hand-delivered submissions.
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(E) |
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VOTER REGISTRATION ADDRESS OF EACH PROPONENT. It must be confirmed that the proponent is a registered voter in California before a Title and Summary can be issued and submitted to the Secretary of State. |
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- Can I make changes to my proposed Initiative measure once it has been submitted to the Attorney General's Office for Title and Summary?
Yes. Non-substantive changes (e.g., correcting a typographical error) will be accepted from the proponent until the date the Title and Summary is issued. A letter requesting a non-substantive change, along with a corrected version of the measure and a signed statement pursuant to Elections Code section 9608 (see Q&A #4 above), must be submitted to the Initiative Coordinator.
Substantive changes may be submitted by a proponent up to fifteen (15) calendar days after receipt of the measure by the Attorney General's Office.
After the 15 calendar days, the proponent must submit a new proposal with the appropriate changes and withdraw the original submission. This would require the proponent to start the process again - See Q&A #4 above for the five requirements.
If the Attorney General's Office determines that a change is substantive, rather than non-substantive, the proponent will be given the opportunity to let the measure proceed unchanged or amend the measure by the procedure described above.
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- How long will it take for the official Title and Summary to be issued and delivered to the Secretary of State?
To prepare a Title and Summary, the Attorney General's Office must obtain a fiscal impact report prepared jointly by the California Department of Finance and the Legislative Analyst's Office. These agencies have twenty-five (25) business days, or more if needed, after receipt of the proposed measure from the Attorney General's Office to complete the fiscal impact report.
Upon receipt of the fiscal impact report, the Attorney General's Office has fifteen (15) calendar days in which to issue Title and Summary and deliver it to the Secretary of State. A petition must not be circulated for signatures until the official Title and Summary is issued.
A fiscal impact report is not required for proposed Referendum measures.
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- How many petition signatures are required to qualify an Initiative measure and/or Referendum measure for an election?
Based upon a percentage of votes cast for all candidates for Governor in last gubernatorial election (8% for an Initiative Constitutional Amendment, 5% for an Initiative Statute or Referendum), currently the number of signatures required is as follows:
| Initiative Constitutional Amendment: |
598,105 |
| Initiative Statute: |
373,816 |
| Referendum: |
373,816
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Additional information on qualifying an initiative is available from the Secretary of State
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