SB 789: Elections: Senate Constitutional Amendment 2 of the 2021–22 Regular Session and Assembly Constitutional Amendment 5 of the 2023–24 Regular Session.

Existing law requires a constitutional amendment submitted to the people by the Legislature to appear on the ballot of the first statewide election occurring at least 131 days after the adoption of the proposal.

The Legislature adopted Senate Constitutional Amendment 2 (SCA 2) of the 202122 Regular Session, which, if approved by the voters, would repeal provisions of the California Constitution that prohibit the development, construction, or acquisition of a low-rent housing project, as defined, by any state public body unless the project is approved by a majority of the qualified electors in the jurisdiction in which the project is proposed. The Legislature adopted Assembly Constitutional Amendment 5 (ACA 5) of the 202324 Regular Session, which, if approved by the voters, would repeal a provision of the California Constitution that provides that only a marriage between a man and a woman is valid or recognized in California and would instead provide that the right to marry is a fundamental right. Pursuant to the existing law described above, SCA 2 and ACA 5 are scheduled to appear on the ballot at the March 5, 2024, statewide primary election.

Assembly Constitutional Amendment 1 (ACA 1) of the 202324 Regular Session, if approved by the voters, would amend and add provisions of the California Constitution to do both of the following for specified purposes relating to real property: (1) create an additional exception to the 1% limit on the ad valorem tax rate on real property that would authorize a local jurisdiction to levy an ad valorem tax to service bonded indebtedness incurred, if the proposition proposing that tax is approved by 55% of the voters in that local jurisdiction; and (2) authorize a local jurisdiction to impose, extend, or increase a sales and use tax, if the proposition proposing that tax is approved by 55% of the voters in that local jurisdiction. ACA 1, if approved by the voters, would also amend the California Constitution to prohibit a special district from incurring any indebtedness or liability exceeding any applicable statutory limit, as prescribed by the statutes governing the special district. Pursuant to the existing law described above, if adopted by the Legislature, ACA 1 would appear on the ballot at the March 5, 2024, statewide primary election.

This bill would call a special election to be consolidated with the statewide general election scheduled for November 5, 2024, and would require the submission of SCA 2 and ACA 5 to the voters at that election. The bill would also require the submission of ACA 1 to the voters at that election if ACA 1 is adopted by the Legislature.

This bill would declare that it is to take effect immediately as an act calling an election.