The California Constitution provides that an initiative statute, referendum, or constitutional amendment or revision approved by a majority of votes thereon takes effect the day after the election unless the measure provides otherwise. Existing law requires the Secretary of State to compile the results of all statewide measures, and to prepare, certify, and file a statement of the vote from the compiled results no later than the 38th day after the election.

This measure would instead provide that an initiative statute, a referendum, or a constitutional amendment or revision approved by a majority of votes thereon takes effect 5 days after the Secretary of State files the statement of the vote for the election at which the measure is voted on, and the measure clarifies that an initiative statute, referendum, or constitutional amendment or revision may provide that it becomes operative after its effective date. The measure would also make nonsubstantive changes to these provisions.

The California Constitution provides that an initiative statute, referendum, or constitutional amendment or revision approved by a majority of votes thereon takes effect the day after the election unless the measure provides otherwise. Existing law requires the Secretary of State to compile the results of all statewide measures, and to prepare, certify, and file a statement of the vote from the compiled results no later than the 38th day after the election.

This measure would instead provide that an initiative statute, a referendum, or a constitutional amendment or revision approved by a majority of votes thereon takes effect 5 days after the Secretary of State files the statement of the vote for the election at which the measure is voted on, and the measure clarifies that an initiative statute, referendum, or constitutional amendment or revision may provide that it becomes operative after its effective date. The measure would also make nonsubstantive changes to these provisions.

The California Constitution provides that an initiative statute, referendum, or constitutional amendment or revision approved by a majority of votes thereon takes effect the day after the election unless the measure provides otherwise. Existing law requires the Secretary of State to compile the results of all statewide measures, and to prepare, certify, and file a statement of the vote from the compiled results no later than the 38th day after the election.

This measure would instead provide that an initiative statute, a referendum, or a constitutional amendment or revision approved by a majority of votes thereon takes effect 5 days after the Secretary of State files the statement of the vote for the election at which the measure is voted on, and the measure clarifies that an initiative statute, referendum, or constitutional amendment or revision may provide that it becomes operative after its effective date. The measure would also make nonsubstantive changes to these provisions.

Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2017-2018 Regular Session commencing on the fifth day of December 2016, 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:

(a)An initiative statute or referendum approved by a majority of votes cast thereon takes effect on the fifth day after the Secretary of State files the statement of the vote for the election at which the measure is voted on, but the measure may provide that it becomes operative after its effective date. If a referendum petition is filed against a part of a statute, the remainder of the statute shall not be delayed from going into effect.

(b)If provisions of two or more measures approved at the same election conflict, the provisions of the measure receiving the highest number of affirmative votes shall prevail.

(c)The Legislature may amend or repeal a referendum statute. The Legislature may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without the electors approval.

(d)Before circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the Attorney General who shall prepare a title and summary of the measure as provided by law.

(e)The Legislature shall provide for the manner in which a petition shall be circulated, presented, and certified, and the manner in which a measure shall be submitted to the electors.

A proposed amendment or revision shall be submitted to the electors and, if approved by a majority of votes cast thereon, takes effect on the fifth day after the Secretary of State files the statement of the vote for the election at which the measure is voted on, but the measure may provide that it becomes operative after its effective date. If provisions of two or more measures approved at the same election conflict, the provisions of the measure receiving the highest number of affirmative votes shall prevail.

Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2017-2018 Regular Session commencing on the fifth day of December 2016, 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:

(a)An initiative statute or referendum approved by a majority of votes cast thereon takes effect on the fifth day after the Secretary of State files the statement of the vote for the election at which the measure is voted on, but the measure may provide that it becomes operative after its effective date. If a referendum petition is filed against a part of a statute, the remainder of the statute shall not be delayed from going into effect.

(b)If provisions of two or more measures approved at the same election conflict, the provisions of the measure receiving the highest number of affirmative votes shall prevail.

(c)The Legislature may amend or repeal a referendum statute. The Legislature may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without the electors approval.

(d)Before circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the Attorney General who shall prepare a title and summary of the measure as provided by law.

(e)The Legislature shall provide for the manner in which a petition shall be circulated, presented, and certified, and the manner in which a measure shall be submitted to the electors.

A proposed amendment or revision shall be submitted to the electors and, if approved by a majority of votes cast thereon, takes effect on the fifth day after the Secretary of State files the statement of the vote for the election at which the measure is voted on, but the measure may provide that it becomes operative after its effective date. If provisions of two or more measures approved at the same election conflict, the provisions of the measure receiving the highest number of affirmative votes shall prevail.

Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2017-2018 Regular Session commencing on the fifth day of December 2016, 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:

(a)An initiative statute or referendum approved by a majority of votes cast thereon takes effect on the fifth day after the election unless the measure provides otherwise. Secretary of State files the statement of the vote for the election at which the measure is voted on, but the measure may provide that it becomes operative after its effective date. If a referendum petition is filed against a part of a statute statute, the remainder of the statute shall not be delayed from going into effect.

(b)If provisions of 2 two or more measures approved at the same election conflict, those the provisions of the measure receiving the highest number of affirmative vote votes shall prevail.

(c)The Legislature may amend or repeal a referendum statutes. It statute. The Legislature may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without their the electors approval.

(d)Prior to Before circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the Attorney General who shall prepare a title and summary of the measure as provided by law.

(e)The Legislature shall provide for the manner in which petitions a petition shall be circulated, presented, and certified, and measures the manner in which a measure shall be submitted to the electors.

A proposed amendment or revision shall be submitted to the electors and and, if approved by a majority of votes thereon cast thereon, takes effect on the fifth day after the election unless the measure provides otherwise. Secretary of State files the statement of the vote for the election at which the measure is voted on, but the measure may provide that it becomes operative after its effective date. If provisions of 2 two or more measures approved at the same election conflict, those the provisions of the measure receiving the highest number of affirmative vote votes shall prevail.

 THIRD READING  

Bill No: ACA 17

Author:

:

Vote:

SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/17

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 78-0, 8/24/17 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This constitutional amendment provides that an initiative statute, referendum, or constitutional amendment or revision approved by the voters takes effect on the fifth day after the Secretary of State (SOS) files the statement of the vote.

ANALYSIS:

Existing law:

1. Requires any initiative statute, a referendum, or constitutional amendment or revision approved by a majority of votes cast to take effect the day after the election, unless the measure provides otherwise. If a referendum petition is filed against a part of a statute, the remainder shall not be delayed from going into effect.
   
2. Requires that when provisions of two or more measures approved at the same election conflict, those measures receiving the highest number of affirmative votes shall prevail.
   
3. Requires the SOS to tally the results of all statewide measures, and prepare, certify, and file a statement of the vote from the compiled results not later than the 38^th day after the election.

This constitutional amendment provides instead that an initiative statute, referendum, or constitutional amendment or revision approved by a majority of votes cast shall take effect on the fifth day after the SOS files the statement of the vote unless the measure provides that it becomes operative after its effective date.

Background

Waiting for VBM Ballots. A majority of California voters now choose to vote using a vote by mail ballot (VBM), either by returning their ballot through the mail or by dropping off their VBM ballot in person. Under existing law, VBM ballots are required to be received by the elections official from who they were obtained or by the precinct board by the close of the polls on election day; or VBM ballots may be counted if they are cast by election day and received by the elections official by mail no later than three days after the election, as specified.

In the November 2016 general election, voter participation increased to 74% and more than 57% of voters chose to vote by mail. VBM ballots can be received by counties for up to three days after Election Day, and the time it takes to process those ballots is extended accordingly.

Under current law an initiative statute, a referendum, or constitutional amendment or revision approved by the majority of votes cast takes effect the day after the election. Because VBM ballots are still being delivered to elections officials to be processed for up to three days after the election and because counties continue to process and count VBM and provisional ballots for weeks after the election, it may not be possible to determine the accurate outcome until the SOS files the statement of the vote. This measure will help ensure that VBM and provisional ballots are included in the official canvass before determining if an initiative statute, a referendum, or a constitutional amendment or revision is to be enacted.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, this bill would result in one-time General Fund costs to SOS in the range of $414,000 to $552,000, likely in 2018-19, for printing and mailing costs to place the measure on the ballot in a statewide election. Actual costs may be higher or lower, depending on the length of required elements and the overall size of the ballot.

SUPPORT: (Verified 9/1/17)

Secretary of State

California Grocers Association

OPPOSITION: (Verified 9/1/17)

None received

ARGUMENTS IN SUPPORT: According to the author, in 2016, with millions of ballots still left to be counted, initiatives and referenda deemed to have passed went into effect the day after the election, unless specified otherwise in the language of the measure. Even before the vote had been finalized and certified, these measures were considered law. This begs the question: what if a measure that was deemed to have passed was in fact shown not to have received enough votes by the certification of the vote? Allowing initiatives and referenda to go into effect essentially immediately following the election has the potential to create confusion and even the potential for an erroneous perceived change in the law.

This problem is exacerbated by the increase in vote-by-mail (VBM), which has led to longer times in counting ballots as many VBM ballots arrive on, or up to three days after, Election Day. Additionally, processing these VBM ballots takes longer - elections officials must confirm each voter's registration status, verify each voter's signature on the vote-by-mail envelope, and ensure each person did not vote elsewhere in the same election.

After a statewide election counties must send their certified election results to the Secretary of State up to 30 days after Election Day. Following that, the Secretary of State has seven days to compile the complete Statement of Vote (SOV), containing the official results.

ACA 1 will delay the enactment of initiative or referenda until five days after the Secretary of State releases the SOV. By delaying the enactment until after the vote has been certified, this measure ensures that the true and correct implementation of ballot measures occurs.

ASSEMBLY FLOOR: 78-0, 8/24/17

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen

Prepared by:

9/3/17 18:11:07

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

ACA 17 (Mullin) - Ballot measures: effective date

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

ACA 17 would provide that an initiative statute, referendum, or constitutional amendment or revision approved by the voters takes effect on the fifth day after the Secretary of State (SOS) files the statement of the vote.

Fiscal Impact:

This bill would result in one-time General Fund costs to SOS in the range of $414,000 to $552,000, likely in 2018-19, for printing and mailing costs to place the measure on the ballot in a statewide election. Actual costs may be higher or lower, depending on the length of required elements and the overall size of the ballot.

Background:

Current law requires any initiative statute, a referendum, or constitutional amendment or revision approved by a majority of votes cast to take effect the day after the election, unless the measure provides otherwise. If a referendum petition is filed against a part of a statute, the remainder shall not be delayed from going into effect. Additionally, current law requires SOS to tally the results of all statewide measures, and prepare, certify, and file a statement of the vote from the compiled results not later than the 38th day after the election.

A majority of California voters now choose to vote using a vote-by-mail ballot (VBM), by returning their ballot via either (1) the United State Postal Service, or (2) by dropping off their VBM ballot in person. Under current law, VBM ballots are required to be received by the elections official from who they were obtained or by the precinct board by the close of the polls on election day; alternatively, VBM ballots may be counted if they are cast by election day and received by the elections official by mail no later than three days after the election, as specified.

Proposed Law: ACA 17 would provide instead that an initiative statute, referendum, or constitutional amendment or revision approved by a majority of votes cast shall take effect on the fifth day after the SOS files the statement of the vote, unless the measure provides that it becomes operative after its effective date.

Staff Comments:

As noted above, current law provides that an initiative statute, a referendum, or constitutional amendment or revision approved by the majority of votes cast takes effect the day after the election. Because VBM ballots are still being delivered to elections officials to be processed for up to three days after the election, and because counties continue to process and count VBM and provisional ballots for weeks after the election, it may not be possible to determine the accurate outcome until the SOS files the statement of the vote. This measure would help ensure that VBM and provisional ballots are included in the official canvass before determining if an initiative statute, a referendum, or a constitutional amendment or revision is to be enacted.

SOS indicates that printing and mailing costs associated with placing a measure on the statewide ballot are approximately $69,000 per page, depending on the length of the ballot. The fiscal estimates noted above reflect the addition of 6-8 pages in the Voter Information Guide. Actual costs would depend upon the length of the title and summary, analysis by the Legislative Analyst’s Office, proponent and opponent arguments, and text of the proposal.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:ACA 17

Author:(Mullin)

As Introduced Ver:

2/3 vote

SUMMARY: Provides that an initiative statute, referendum, or constitutional amendment or revision approved by a majority of votes cast shall take effect on the fifth day after the Secretary of State (SOS) files the statement of the vote, instead of going into effect the day after the election as is the case under existing law. Provides that a measure may become operative after its effective date. Makes technical changes.

EXISTING LAW:

1. Requires any initiative statute, referendum, or constitutional amendment or revision approved by a majority of votes cast to take effect the day after the election, unless the measure provides otherwise. Provides that if a referendum petition is filed against a part of a statute, the remainder shall not be delayed from going into effect.
2. Requires that when provisions of two or more measures approved at the same election conflict, those measures receiving the highest number of affirmative votes shall prevail.
3. Requires the SOS to tally the results of all statewide measures, and prepare, certify, and file a statement of the vote from the compiled results not later than the 38th day after the election.

FISCAL EFFECT: According to the Assembly Appropriations Committee analysis of a substantially similar measure, one-time General Fund costs of several hundred thousands of dollars for printing and mailing costs to place the measure on the ballot on June 5, 2018. For example, at a cost of $69,000 per page in the voter guide, assuming a total of four pages, the cost would be $276,000 to place this measure on the ballot. The actual costs would depend on the length of the title and summary, analysis by the Legislative Analyst's Office, proponent and opponent arguments, and text of the proposal.

COMMENTS: According to the author, "In 2016, with millions of ballots still left to be counted, initiatives and referenda deemed to have passed went into effect the day after the election, unless specified otherwise in the language of the measure. Even before the vote had been finalized and certified, these measures were considered law. This begs the question: what if a measure that was deemed to have passed was in fact shown not to have received enough votes by the certification of the vote? Allowing initiatives and referenda to go into effect essentially immediately following the election has the potential to create confusion and even the potential for an erroneous perceived change in the law.

"This problem is exacerbated by the increase in vote-by-mail (VBM), which has led to longer times in counting ballots as many VBM ballots arrive on, or up to three days after, Election Day. Additionally, processing these VBM ballots takes longer - elections officials must confirm each voter's registration status, verify each voter's signature on the vote-by-mail envelope, and ensure each person did not vote elsewhere in the same election.

"After a statewide election counties must send their certified election results to the Secretary of State up to 30 days after Election Day. Following that, the Secretary of State has seven days to compile the complete Statement of Vote (SOV), containing the official results.

"ACA 17 will delay the enactment of initiative or referenda until five days after the Secretary of State releases the SOV. By delaying the enactment until after the vote has been certified, this measure ensures that the true and correct implementation of ballot measures occurs."

This measure is substantially similar to the introduced version of ACA 1 (Mullin) of the current legislative session. That version of ACA 1 was approved by the Assembly by a 75-0 vote, but subsequently was gutted-and-amended and used for another purpose.

Analysis Prepared by: Lori Barber / E. & R. / (916) 319-2094 FN: 0001329