SB 789: Elections: Senate Constitutional Amendment 2 of the 2021–22 Regular Session and Assembly Constitutional Amendment 5 of the 2023–24 Regular Session.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2023-10-11
Current Status:
Passed
(2023-10-11: Chaptered by Secretary of State. Chapter 787, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
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.
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.
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.
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 enacted SCA 2 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 is and ACA 5 are scheduled to 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.
This bill would declare that it is to take effect immediately as an act calling an election.
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 enacted 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. Pursuant to the existing law described above, SCA 2 is scheduled to 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 to the voters at that election.
This bill would declare that it is to take effect immediately as an act calling an election.
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 enacted 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. Pursuant to the existing law described above, SCA 2 is scheduled to 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 to the voters at that election.
This bill would declare that it is to take effect immediately as an act calling an election.
Existing law allows, at a polling place, the device for marking the ballot to be handed to the voter with the voters ballot before the voter goes into the voting booth, and requires that the device be returned to the precinct board after the voter has finished marking the ballot.This bill would make technical, nonsubstantive changes to this provision.Existing law allows, at a polling place, the device for marking the ballot to be handed to the voter with the voters ballot before the voter goes into the voting booth, and requires that the device be returned to the precinct board after the voter has finished marking the ballot.
This bill would make technical, nonsubstantive changes to this provision.
A special election is hereby called to be held throughout the state on November 5, 2024. The election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election and only one form of ballot shall be used.
SEC. 2.Notwithstanding Section 9040 of the Elections Code, the Secretary of State shall submit each of the following measures to the voters for their approval at the November 5, 2024, statewide general election:
(a)Senate Constitutional Amendment 2 of the 202122 Regular Session.
(b)Assembly Constitutional Amendment 5 of the 202324 Regular Session.
SEC. 3.(a)Notwithstanding Section 9040 of the Elections Code, the Secretary of State shall submit Assembly Constitutional Amendment 1 of the 2023-24 Regular Session to the voters for their approval at the November 5, 2024, statewide general election.
(b)This section would become operative only if Assembly Constitutional Amendment 1 of the 2023-24 Regular Session is adopted by the Legislature.
SEC. 4.This act calls an election within the meaning of Article IV of the California Constitution and shall go into immediate effect.
A special election is hereby called to be held throughout the state on November 5, 2024. The election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election and only one form of ballot shall be used.
SEC. 2.Notwithstanding Section 9040 of the Elections Code, the Secretary of State shall submit each of the following measures to the voters for their approval at the November 5, 2024, statewide general election:
(a)Senate Constitutional Amendment 2 of the 202122 Regular Session.
(b)Assembly Constitutional Amendment 5 of the 202324 Regular Session.
SEC. 3.(a)Notwithstanding Section 9040 of the Elections Code, the Secretary of State shall submit Assembly Constitutional Amendment 1 of the 2023-24 Regular Session to the voters for their approval at the November 5, 2024, statewide general election.
(b)This section would become operative only if Assembly Constitutional Amendment 1 of the 2023-24 Regular Session is adopted by the Legislature.
SEC. 4.This act calls an election within the meaning of Article IV of the California Constitution and shall go into immediate effect.
A special election is hereby called to be held throughout the state on November 5, 2024. The election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election and only one form of ballot shall be used.
SEC. 2.Notwithstanding Section 9040 of the Elections Code, the Secretary of State shall submit each of the following measures to the voters for their approval at the November 5, 2024, statewide general election:
(a)Senate Constitutional Amendment 2 of the 202122 Regular Session.
(b)Assembly Constitutional Amendment 5 of the 202324 Regular Session.
SEC. 3.(a)Notwithstanding Section 9040 of the Elections Code, the Secretary of State shall submit Assembly Constitutional Amendment 1 of the 2023-24 Regular Session to the voters for their approval at the November 5, 2024, statewide general election.
(b)This section would become operative only if Assembly Constitutional Amendment 1 of the 2023-24 Regular Session is adopted by the Legislature.
SEC. 3.SEC. 4.This act calls an election within the meaning of Article IV of the California Constitution and shall go into immediate effect.
Notwithstanding Section 9040 of the Elections Code, a A special election is hereby called to be held throughout the state on November 5, 2024, for the purpose of submitting Senate Constitutional Amendment 2 of the 202122 Regular Session to the voters for their approval. 2024. The election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election and only one form of ballot shall be used.
SEC. 2.Notwithstanding Section 9040 of the Elections Code, the Secretary of State shall submit each of the following measures to the voters for their approval at the November 5, 2024, statewide general election:
(a)Senate Constitutional Amendment 2 of the 202122 Regular Session.
(b)Assembly Constitutional Amendment 5 of the 202324 Regular Session.
SEC. 2.SEC. 3.This act calls an election within the meaning of Article IV of the California Constitution and shall go into immediate effect.
A Notwithstanding Section 9040 of the Elections Code, a special election is hereby called to be held throughout the state on November 5, 2024, for the purpose of submitting Senate Constitutional Amendment 2 of the 202122 Regular Session to the voters for their approval. The election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election and only one form of ballot shall be used.
SEC. 2.This act calls an election within the meaning of Article IV of the California Constitution and shall go into immediate effect.
A special election is hereby called to be held throughout the state on November 5, 2024, for the purpose of submitting Senate Constitutional Amendment 2 of the 202122 Regular Session to the voters for their approval. The election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election and only one form of ballot shall be used.
SEC. 2.This act calls an election within the meaning of Article IV of the California Constitution and shall go into immediate effect.
SECTION 1.Section 14273 of the Elections Code is amended to read:14273.The device for marking the ballot may be handed to the voter with the voters ballot before the voter goes into the voting booth, and shall be returned to the precinct board after the voter has finished marking the ballot.The device for marking the ballot may be handed to the voter with his or her the voters ballot before the voter goes into the voting booth, and shall be returned to the precinct board after he or she the voter has finished marking his or her the ballot.
|
Date
|
Status
|
|---|---|
| Oct 11, 2023 | Chaptered by Secretary of State. Chapter 787, Statutes of 2023. |
| Oct 11, 2023 | Approved by the Governor. |
| Sep 20, 2023 | Enrolled and presented to the Governor at 4:30 p.m. |
| Sep 13, 2023 | Assembly amendments concurred in. (Ayes 32. Noes 7. Page 2748.) Ordered to engrossing and enrolling. |
| Sep 12, 2023 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 12, 2023 | Read third time. Passed. (Ayes 59. Noes 14. Page 3320.) Ordered to the Senate. |
| Sep 12, 2023 | Action rescinded and record expunged whereby a roll call vote was taken. |
| Sep 7, 2023 | Ordered to third reading. |
| Sep 7, 2023 | Action rescinded whereby bill was read third time, passed, and ordered to the Senate. |
| Sep 7, 2023 | Assembly Rule 63 suspended. (Ayes 56. Noes 17. Page 3058.) |
| Sep 7, 2023 | In Assembly. Held at Desk. |
| Sep 7, 2023 | Read third time and amended. |
| Sep 7, 2023 | Ordered to the Assembly. |
| Sep 7, 2023 | Withdrawn from engrossing and enrolling. |
| Sep 7, 2023 | Action rescinded whereby Assembly amendments were concurred in, and the bill ordered to engrossing and enrolling. |
| Sep 6, 2023 | Assembly amendments concurred in. (Ayes 34. Noes 0. Page 2421.) Ordered to engrossing and enrolling. |
| Aug 31, 2023 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 31, 2023 | Read third time. Passed. (Ayes 73. Noes 0. Page 2860.) Ordered to the Senate. |
| Aug 17, 2023 | Ordered to third reading. |
| Aug 17, 2023 | Read third time and amended. (Ayes 70. Noes 0. Page 2740.) |
| Jun 26, 2023 | Ordered to third reading. |
| Jun 26, 2023 | From consent calendar on motion of Assembly Member Reyes. |
| Jun 22, 2023 | Read second time. Ordered to consent calendar. |
| Jun 21, 2023 | From committee: Do pass. Ordered to consent calendar. (Ayes 13. Noes 0.) (June 21). |
| Jun 8, 2023 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 7, 2023 | From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 8. Noes 0.) (June 7). |
| May 18, 2023 | Referred to Com. on ELECTIONS. |
| May 11, 2023 | In Assembly. Read first time. Held at Desk. |
| May 11, 2023 | Read third time. Passed. (Ayes 39. Noes 0. Page 1051.) Ordered to the Assembly. |
| May 2, 2023 | Read second time. Ordered to third reading. |
| May 1, 2023 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Apr 21, 2023 | Set for hearing May 1. |
| Apr 19, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 792.) (April 18). Re-referred to Com. on APPR. |
| Apr 3, 2023 | Set for hearing April 18. |
| Mar 29, 2023 | Re-referred to Com. on E. & C.A. |
| Mar 22, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Mar 1, 2023 | Referred to Com. on RLS. |
| Feb 21, 2023 | From printer. May be acted upon on or after March 20. |
| Feb 17, 2023 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2023 | Unfinished Business SB789 Allen et al. Concurrence | Senate Floor |
Passed |
|
| Sep 12, 2023 | SB 789 Allen Senate Third Reading By Aguiar-Curry | Assembly Floor |
Passed |
|
| Sep 6, 2023 | Unfinished Business SB789 Allen et al. Concurrence | Senate Floor |
Passed |
|
| Aug 31, 2023 | SB 789 Allen Senate Third Reading By Low | Assembly Floor |
Passed |
|
| Aug 17, 2023 | SB 789 Allen Senate Third Reading By Low Amendment Set #1 | Assembly Floor |
Passed |
|
| Jun 21, 2023 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 7, 2023 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Elections |
Passed |
|
| May 11, 2023 | Senate 3rd Reading SB789 Allen et al. | Senate Floor |
Passed |
|
| Apr 18, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Elections and Constitutional Amendments |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Housing Partnership | ** Support | |
| League of Women Voters California | * Support | Apr 18, 2023 |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 789 |
UNFINISHED BUSINESS
Bill No: SB 789
Author: Allen (D) and Wiener (D), et al.
Amended: 9/7/23
Vote: 21- Urgency
SENATE ELECTIONS & C.A. COMMITTEE: 6-0, 4/18/23
AYES: Glazer, Allen, McGuire, Menjivar, Newman, Umberg
NO VOTE RECORDED: Nguyen
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 39-0, 5/11/23
AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Grove
SENATE FLOOR: 34-0, 9/6/23
AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Niello, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Dahle, Grove, Jones, Nguyen, Ochoa Bogh, Seyarto
ASSEMBLY FLOOR: 59-14, 9/12/23 - See last page for vote
SUBJECT: Elections: Senate Constitutional Amendment 2 of the 2021–22 Regular Session and Assembly Constitutional Amendment 5 of the 2023–24 Regular Session.
SOURCE: Author
DIGEST:
This bill moves SCA 2 (Allen, Resolution Chapter 182, Statutes of 2022) and ACA 5 (Low, Resolution Chapter 125, Statutes of 2023) from the March 5, 2024 statewide primary election to the November 5, 2024 statewide general election. The bill also places ACA 1 (Aguiar-Curry, 2023), if adopted by the Legislature, to the November 5, 2024 statewide general election.
Assembly Amendments
included language to move ACA 5 (Low, Resolution Chapter 125, Statutes of 2023) and places ACA 1 (Aguiar-Curry, 2023), if adopted by the Legislature, to the November 5, 2024 statewide general election.
ANALYSIS: Existing law requires every constitutional amendment, bond measure, or other legislative measure 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 by the Legislature.
This bill:
- Moves SCA 2 and ACA 5 from the March 5, 2024 statewide primary election to the November 5, 2024 statewide general election. Specifically,
- Calls a special election to be held throughout the state on November 5, 2024, for the purpose of submitting SCA 2 and ACA 5 to the voters for their approval.
- Requires the election be consolidated with the statewide general election to be held on November 5, 2024.
- Requires the consolidated election be held and conducted in all respects as if there were only one election and only one form of ballot shall be used.
- Requires the Secretary of State to submit ACA 1 to the voters for their approval at the November 5, 2024, statewide general election if the measure is adopted by the Legislature.
Background
SCA 2. Existing law provides that every constitutional amendment, bond measure, or other legislative measure submitted to the people by the Legislature shall appear on the ballot of the first statewide election occurring at least 131 days after the adoption of the proposal by the Legislature.
During the 2021-22 Legislative Session the Legislature adopted SCA 2. SCA 2 repeals Article 34 of the California Constitution which requires majority approval by the voters of a city or county for the development, construction, or acquisition of a publicly funded affordable housing project. Since this is an amendment to the California Constitution, the measure requires voter approval. The next statewide election is scheduled for March 5, 2024. In order to move the measure to another election, legislation is needed.
ACA 5. In July, the Legislature adopted ACA 5, which if approved by voters, repeals Section 7.5 of Article 1 of the California Constitution, which states that only marriage between a man and a woman is valid or recognized in California, and instead adds Section 7.5 of Article I to the California Constitution to declare that the right to marry in California is a fundamental right and specifies that this section is in furtherance of both of the following: 1) The inalienable rights to enjoy life and liberty and to pursue and obtain safety, happiness, and privacy guaranteed by Section 1 of Article I of the California Constitution; and, 2) The rights to due process and equal protection guaranteed by Section 7 of Article I of the California Constitution.
ACA 1. ACA 1 would allow a city, county, or special district, with 55% voter approval, to incur bonded indebtedness or impose specified special taxes to fund projects for affordable housing, permanent supportive housing, or public infrastructure, as specified. The language in SB 789 provides that ACA 1 is submitted to voters only if it is adopted by the Legislature.
Voter Turnout. According to the author, there is a lower number of voters who participate in primary elections than in general elections. When looking at voter turnout data from the Secretary of State’s website, it shows that more voters participate in statewide general elections than in statewide primary elections in presidential election years. Below is a table with voter turnout data from the 2012, 2016, and 2020 presidential elections in California.
Year | Primary Election Turnout – Number of Voters | General Election Turnout – Number of Voters | Difference |
2012 | 5,328,296 | 13,202,158 | +7,873,862 General |
2016 | 8,548,301 | 14,610,509 | +6,062,208 General |
2020 | 9,687,076 | 17,785,151 | +8,098,075 General |
What Else is on the Ballot? According to the Secretary of State’s website, SCA 2 and ACA 5 are the only ballot measures qualified for the March 5, 2024 statewide primary election. Additionally, two referenda qualified and five initiatives are eligible for the November 5, 2024 statewide general election.
Comments
According to the author, historical election data shows that a smaller subset of voters participates in primary elections than in general elections. SB 789 will move SCA 2 of 2022 and ACA 1 and ACA 5 of 2023 from the March 2024 primary election ballot to the November 2024 general election ballot to allow a larger portion of the electorate the opportunity to vote on the measures.
Related/Prior Legislation
ACA 1 (Aguiar-Curry, 2023), if approved by voters, would allow a city, county, or special district, with 55% voter approval, to incur bonded indebtedness or impose specified special taxes to fund projects for affordable housing, permanent supportive housing, or public infrastructure, as specified.
ACA 5 (Low, Resolution Chapter 125, Statutes of 2023), if approved by voters, repeals Section 7.5 of Article 1 of the California Constitution, which states that only marriage between a man and a woman is valid or recognized in California, and instead adds Section 7.5 of Article I to the California Constitution to declare that the right to marry in California is a fundamental right.
SCA 2 (Allen, Resolution Chapter 182, Statutes of 2022), if approved by voters, repeals Article 34 of the California Constitution which requires majority approval by the voters of a city or county for the development, construction, or acquisition of a publicly funded affordable housing project.
SB 300 (Umberg, Chapter 26, Statutes of 2020) called a special election to submit ACAs 4, 5, 6, 11, and 25 of the 2019-20 regular session and consolidated the election with the November 2020 general election.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee, minor and absorbable costs to the SOS to move SCA 2 to the 2024 general election.
Although measures calling an election generally result in significant costs, this bill requires consolidation of the special election with the scheduled general election, thus minimizing related costs. However, moving the ballot measure from the March election to the November election increases the need for an even larger general election voter guide and shifts voter guide production costs from fiscal year (FY) 2023-24 to FY 2024-25. The SOS also notes the costs per page to produce the voter guide have increased since SCA 2’s adoption.
SUPPORT: (Verified 9/12/23)
California Housing Partnership
OPPOSITION: (Verified 9/12/23)
ASSEMBLY FLOOR: 73-0, 8/31/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McKinnor, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Vince Fong, Gallagher, McCarty, Muratsuchi, Papan, Joe Patterson, Sanchez
Prepared by: Scott Matsumoto / E. & C.A. / (916) 651-4106
9/12/23 19:10:57
**** END ****
SENATE THIRD READING
STR Bill Id:SB 789
Author:(Allen and Wiener)
As Amended Ver:September 7, 2023
Majority vote.
SUMMARY
Requires the Secretary of State (SOS) to submit three specified Constitutional Amendments to the voters for their approval at the November 5, 2024, statewide general election, as specified.
Major Provisions
- Calls a special election to be held throughout the state on November 5, 2024, and requires the election be consolidated with the statewide general election to be held on November 5, 2024. Requires the consolidated election to be held and conducted in all respects as if there were only one election and only one form of ballot to be used.
- Moves SCA 2 (Allen), Resolution Chapter 182, Statutes of 2022, of the 2021-2022 Legislative Session from the March 5, 2024, statewide primary election to the November 5, 2024, statewide general election.
- Requires the SOS to submit ACA 5 (Low), Resolution Chapter 125, Statutes of 2023, of the 2023-24 Legislative Session to the voters for their approval at the November 5, 2024, statewide general election.
- Requires the SOS, if ACA 1 (Aguiar-Curry) of the 2023-2024 Legislative Session is adopted by the Legislature, to submit ACA 1 to the voters for their approval at the November 5, 2024, statewide general election.
COMMENTS
During the 2021-22 legislative session, the Legislature adopted SCA 2 (Allen) of 2022, which, if approved by the voters, repeals Article 34 of the California Constitution that requires majority approval by the voters of a city or county for the development, construction, or acquisition of a publicly funded affordable housing project. Because existing law requires every constitutional amendment, bond measure, or other legislative measure 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 by the Legislature, SCA 2 is set to appear on the ballot for the statewide presidential primary on March 5, 2024. In order to move this ballot measure to another election, legislation is needed. Accordingly, this bill moves SCA 2 from the March 5, 2024, statewide primary election to the November 5, 2024, statewide presidential general election.
In July the Legislature adopted ACA 5 (Low) of 2023, which if approved by voters, repeals Section 7.5 of Article 1 of the California Constitution, which states that only marriage between a man and a woman is valid or recognized in California, and instead adds Section 7.5 of Article I to the California Constitution to declare that the right to marry in California is a fundamental right and specifies that this section is in furtherance of both of the following: 1) The inalienable rights to enjoy life and liberty and to pursue and obtain safety, happiness, and privacy guaranteed by Section 1 of Article I of the California Constitution; and, 2) The rights to due process and equal protection guaranteed by Section 7 of Article I of the California Constitution.
ACA 1 (Aguiar-Curry) proposes amendments to the California Constitution to allow a city, county, or special district, with 55% voter approval, to incur bonded indebtedness or impose specified special taxes to fund projects for affordable housing, permanent supportive housing, or public infrastructure, as specified. ACA 1 was approved by the Assembly on September 6, 2023 by a 55-12 vote, and is pending in the Senate.
According to the Author
"Historical election data shows that a smaller subset of voters participates in primary elections than in general elections. SB 789 will move SCA 2 of 2022 and ACA 1 and ACA 5 of 2023 from the March 2024 primary election ballot to the November 2024 general election ballot to allow a larger portion of the electorate the opportunity to vote on the measures."
Arguments in Support
In support of a previous version of this bill, the California Housing Partnership wrote, "Amending the State Constitution is an important act. It is therefore appropriate to place proposed amendments before voters at a general election, which has higher voter participation, to better reflect the will of Californians."
Arguments in Opposition
None received.
FISCAL COMMENTS
According to an Assembly Appropriations Committee analysis of a prior version of this bill, minor and absorbable costs to the SOS to move SCA 2 to the 2024 general election.
Although measures calling an election generally result in significant costs, this bill requires consolidation of the special election with the scheduled general election, thus minimizing related costs. However, moving the ballot measure from the March election to the November election increases the need for an even larger general election voter guide and shifts voter guide production costs from fiscal year (FY) 2023-24 to FY 2024-25. The SOS also notes the costs per page to produce the voter guide have increased since SCA 2's adoption.
VOTES
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Grove
ASM ELECTIONS: 8-0-0
YES: Bryan, Lackey, Bennett, Essayli, McKinnor, Low, Pellerin, Blanca Rubio
ASM APPROPRIATIONS: 13-0-3
YES: Holden, Megan Dahle, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Mathis, Pellerin, Robert Rivas, Sanchez, Weber, Wilson
ABS, ABST OR NV: Bryan, Lowenthal, Papan
ASSEMBLY FLOOR: 73-0-7
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McKinnor, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Vince Fong, Gallagher, McCarty, Muratsuchi, Papan, Joe Patterson, Sanchez
ASSEMBLY FLOOR: 70-0-10
YES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Calderon, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Wallis, Ward, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Aguiar-Curry, Bryan, Juan Carrillo, Essayli, Gallagher, Ortega, Joe Patterson, Sanchez, Waldron, Weber
UPDATED
VERSION: September 7, 2023
CONSULTANT: Nichole Becker / ELECTIONS / (916) 319-2094 FN: 0002059
SENATE THIRD READING
STR Bill Id:SB 789
Author:(Allen and Wiener)
As Amended Ver:August 17, 2023
Majority vote. Urgency
SUMMARY
Requires the Secretary of State (SOS) to submit two specified Constitutional Amendments to the voters for their approval at the November 5, 2024, statewide general election.
Major Provisions
- Calls a special election to be held throughout the state on November 5, 2024, and requires the election be consolidated with the statewide general election to be held on November 5, 2024. Requires the consolidated election to be held and conducted in all respects as if there were only one election and only one form of ballot to be used.
- Moves SCA 2 (Allen), Resolution Chapter 182, Statutes of 2022, of the 2021-2022 Legislative Session from the March 5, 2024, statewide primary election to the November 5, 2024, statewide general election.
- Requires the SOS to submit ACA 5 (Low), Resolution Chapter 125, Statutes of 2023, of the 2023-24 Legislative Session to the voters for their approval at the November 5, 2024, statewide general election.
COMMENTS
During the 2021-22 legislative session, the Legislature adopted SCA 2 (Allen) of 2022, which, if approved by the voters, repeals Article 34 of the California Constitution that requires majority approval by the voters of a city or county for the development, construction, or acquisition of a publicly funded affordable housing project. Because existing law requires every constitutional amendment, bond measure, or other legislative measure 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 by the Legislature, SCA 2 is set to appear on the ballot for the statewide presidential primary on March 5, 2024. In order to move this ballot measure to another election, legislation is needed. Accordingly, this bill moves SCA 2 from the March 5, 2024, statewide primary election to the November 5, 2024, statewide presidential general election.
In July the Legislature adopted ACA 5 (Low) of 2023, which if approved by voters, repeals Section 7.5 of Article 1 of the California Constitution, which states that only marriage between a man and a woman is valid or recognized in California, and instead adds Section 7.5 of Article I to the California Constitution to declare that the right to marry in California is a fundamental right and specifies that this section is in furtherance of both of the following: 1) The inalienable rights to enjoy life and liberty and to pursue and obtain safety, happiness, and privacy guaranteed by Section 1 of Article I of the California Constitution; and, 2) The rights to due process and equal protection guaranteed by Section 7 of Article I of the California Constitution.
According to the Author
"Historical election data shows that a smaller subset of voters participates in primary elections than in general elections. SB 789 will move SCA 2 of 2022 and ACA 5 of 2023 from the March 2024 primary election ballot to the November 2024 general election ballot to allow a larger portion of the electorate the opportunity to vote on the measures."
Arguments in Support
In support of a previous version of this bill, the California Housing Partnership wrote, "Amending the State Constitution is an important act. It is therefore appropriate to place proposed amendments before voters at a general election, which has higher voter participation, to better reflect the will of Californians."
Arguments in Opposition
None received.
FISCAL COMMENTS
According to an Assembly Appropriations Committee analysis of a prior version of this bill, minor and absorbable costs to the SOS to move SCA 2 to the 2024 general election.
Although measures calling an election generally result in significant costs, this bill requires consolidation of the special election with the scheduled general election, thus minimizing related costs. However, moving the ballot measure from the March election to the November election increases the need for an even larger general election voter guide and shifts voter guide production costs from fiscal year (FY) 2023-24 to FY 2024-25. The SOS also notes the costs per page to produce the voter guide have increased since SCA 2's adoption.
VOTES
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Grove
ASM ELECTIONS: 8-0-0
YES: Bryan, Lackey, Bennett, Essayli, McKinnor, Low, Pellerin, Blanca Rubio
ASM APPROPRIATIONS: 13-0-3
YES: Holden, Megan Dahle, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Mathis, Pellerin, Robert Rivas, Sanchez, Weber, Wilson
ABS, ABST OR NV: Bryan, Lowenthal, Papan
UPDATED
VERSION: August 17, 2023
CONSULTANT: Nichole Becker / ELECTIONS / (916) 319-2094 FN: 0001251
SENATE THIRD READING
STR Bill Id:SB 789
Author:(Allen and Wiener)
As Amended Ver:June 8, 2023
Majority vote. Bill Calling an Election Takes Effect Immediately
SUMMARY
Moves Senate Constitutional Amendment 2 (SCA 2 (Allen), Resolution Chapter 182, Statutes of 2022) of the 2021-2022 Legislative Session from the March 5, 2024, statewide presidential primary election to the November 5, 2024, statewide presidential general election.
Major Provisions
- Moves SCA 2 from the March 5, 2024, statewide primary election to the November 5, 2024, statewide general election.
- Calls a special election to be held throughout the state on November 5, 2024, for the purpose of submitting SCA 2 to the voters for their approval. Requires the election be consolidated with the statewide general election to be held on November 5, 2024, and requires the consolidated election to be held and conducted in all respects as if there were only one election and only one form of ballot to be used.
COMMENTS
During the 2021-22 legislative session, the Legislature adopted SCA 2 (Allen) of 2022, which, if approved by the voters, repeals Article 34 of the California Constitution that requires majority approval by the voters of a city or county for the development, construction, or acquisition of a publicly funded affordable housing project. Because existing law requires every constitutional amendment, bond measure, or other legislative measure 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 by the Legislature, SCA 2 is set to appear on the ballot for the statewide presidential primary on March 5, 2024. In order to move this ballot measure to another election, legislation is needed. Accordingly, this bill moves SCA 2 from the March 5, 2024, statewide primary election to the November 5, 2024, statewide presidential general election.
According to the Author
"Historical election data shows that a smaller subset of voters participates in primary elections than in general elections. SB 789 will move SCA 2 from the March 2024 primary election ballot to the November 2024 general election ballot to allow a larger portion of the electorate the opportunity to vote on the measure."
Arguments in Support
In support of this amendment, the California Housing Partnership writes, "Amending the State Constitution is an important act. It is therefore appropriate to place proposed amendments before voters at a general election, which has higher voter participation, to better reflect the will of Californians."
Arguments in Opposition
None received.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, minor and absorbable costs to the Secretary of State (SOS) to move SCA 2 to the 2024 general election.
Although measures calling an election generally result in significant costs, this bill requires consolidation of the special election with the scheduled general election, thus minimizing related costs. However, moving the ballot measure from the March election to the November election increases the need for an even larger general election voter guide and shifts voter guide production costs from fiscal year (FY) 2023-24 to FY 2024-25. The SOS also notes the costs per page to produce the voter guide have increased since SCA 2's adoption.
VOTES
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Grove
ASM ELECTIONS: 8-0-0
YES: Bryan, Lackey, Bennett, Essayli, McKinnor, Low, Pellerin, Blanca Rubio
ASM APPROPRIATIONS: 13-0-3
YES: Holden, Megan Dahle, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Mathis, Pellerin, Robert Rivas, Sanchez, Weber, Wilson
ABS, ABST OR NV: Bryan, Lowenthal, Papan
UPDATED
VERSION: June 8, 2023
CONSULTANT: Nichole Becker / ELECTIONS / (916) 319-2094 FN: 0001145
Date of Hearing: June 21, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
SBPCA Bill Id:SB 789
Author:(Allen) – As Amended Ver:June 8, 2023
Policy Committee: | Elections | Vote: | 8 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill moves SCA 2 (Allen), Resolution Chapter 182, Statutes of 2022, from the March 5, 2024, statewide primary election to the November 5, 2024, statewide general election.
Specifically, this bill calls a special election for the purpose of submitting SCA 2 to voters and requires consolidation of the special election with the 2024 statewide general election. The consolidated election must be conducted as if there were only one election with the use of only one form of ballot.
FISCAL EFFECT:
Minor and absorbable costs to the Secretary of State (SOS) to move SCA 2 to the 2024 general election.
Although measures calling an election generally result in significant costs, this bill requires consolidation of the special election with the scheduled general election, thus minimizing related costs. However, moving the ballot measure from the March election to the November election increases the need for an even larger general election voter guide and shifts voter guide production costs from fiscal year (FY) 2023-24 to FY 2024-25. The SOS also notes the costs per page to produce the voter guide have increased since SCA 2’s adoption.
COMMENTS:
- Purpose. According to the author:
Historical election data shows that a smaller subset of voters participates in primary elections than in general elections. SB 789 will move SCA 2 from the March 2024 primary election ballot to the November 2024 general election ballot to allow a larger portion of the electorate the opportunity to vote on the measure.
SCA 2, if approved by voters, would repeal Article 34 of the California Constitution, which requires the development, construction, or acquisition of publicly-funded affordable housing projects to receive the majority approval of city or county voters. This bill is supported by the California Housing Partnership.
- Ballot Placement of SCA 2. Existing law requires every constitutional amendment submitted to voters by the Legislature to appear on the ballot of the first statewide election occurring at least 131 days after adoption of the proposal by the Legislature. SCA 2 was adopted by the Legislature on August 31, 2022. Thus, SCA 2 is the only ballot measure currently set for the March 5, 2024, statewide primary election. This bill moves SCA 2 to the November 5, 2024, general election.
Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081
Date of Hearing: June 7, 2023
ASSEMBLY COMMITTEE ON ELECTIONS
Isaac G. Bryan, Chair
SBPCA Bill Id:SB 789
Author:(Allen and Wiener) – As Amended Ver:March 22, 2023
SENATE VOTE: 39-0
SUBJECT: Elections: Senate Constitutional Amendment 2 of the 2021–22 Regular Session.
SUMMARY: Moves Senate Constitutional Amendment 2 (SCA 2) of the 2021-2022 Legislative Session from the March 5, 2024, statewide presidential primary election to the November 5, 2024, statewide presidential general election. Specifically, this bill:
- Moves SCA 2 (Allen), Resolution Chapter 182, Statutes of 2022, from the March 5, 2024, statewide primary election to the November 5, 2024, statewide general election.
- Calls a special election to be held throughout the state on November 5, 2024, for the purpose of submitting SCA 2 to the voters for their approval. Requires the election be consolidated with the statewide general election to be held on November 5, 2024, and requires the consolidated election to be held and conducted in all respects as if there were only one election and only one form of ballot to be used.
- Calls an election within the meaning of California Constitution Article IV, Section 8, allowing this bill to take effect immediately upon enactment.
EXISTING LAW requires every constitutional amendment, bond measure, or other legislative measure 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 by the Legislature. (Elections Code §9040)
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
- Purpose of the Bill: According to the author, “Historical election data shows that a smaller subset of voters participates in primary elections than in general elections. SB 789 will move SCA 2 from the March 2024 primary election ballot to the November 2024 general election ballot to allow a larger portion of the electorate the opportunity to vote on the measure.”
- Previous Legislation: During the 2021-22 legislative session, the Legislature adopted SCA 2 (Allen), Resolution Chapter 182, Statutes of 2022, which, if approved by the voters, repeals Article 34 of the California Constitution that requires majority approval by the voters of a city or county for the development, construction, or acquisition of a publicly funded affordable housing project. Because existing law requires every constitutional amendment, bond measure, or other legislative measure 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 by the Legislature, SCA 2 is set to appear on the ballot for the statewide presidential primary on March 5, 2024. In order to move this ballot measure to another election, legislation is needed. Accordingly, this bill moves SCA 2 from the March 5, 2024, statewide primary election to the November 5, 2024, statewide presidential general election.
- Voter Turnout: According to historical voter participation statistics on the Secretary of State’s (SOS) website, data shows that more voters have participated in statewide general elections than in statewide primary elections in presidential election years. Below is a table with data from the 2012, 2016, and 2020 presidential elections in California.
Year | Primary Election Turnout – Number of Voters | General Election Turnout – Number of Voters | Difference |
2012 | 5,328,296 | 13,202,158 | +7,873,862 General |
2016 | 8,548,301 | 14,610,509 | +6,062,208 General |
2020 | 9,687,076 | 17,785,151 | +8,098,075 General |
- Qualified and Eligible Ballot Measures: According to the SOS’s website, SCA 2 is the only ballot measure qualified to appear on the ballot for the March 5, 2024, statewide primary election. In contrast, two referenda qualified and four initiative measures are eligible for the November 5, 2024, statewide general election.
- Technical Amendment: Committee staff recommends the following technical amendment to this bill:
On page 2, in line 1, amend the bill as follows:
Notwithstanding Section 9040 of the Elections Code, a A special election is hereby called to be held throughout the state on November 5, 2024, for the purpose of submitting Senate Constitutional Amendment 2 of the 2021–22 Regular Session to the voters for their approval.
- Arguments in Support: In support of this bill, the California Housing Partnership writes, “Amending the State Constitution is an important act. It is therefore appropriate to place proposed amendments before voters at a general election, which has higher voter participation, to better reflect the will of Californians.”
REGISTERED SUPPORT / OPPOSITION:
Support Opposition
California Housing Partnership None on file.
Analysis Prepared by: Nichole Becker / ELECTIONS / (916) 319-2094
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 789 |
THIRD READING
Bill No: SB 789
Author: Allen (D) and Wiener (D)
Amended: 3/22/23
Vote: 21- Urgency
SENATE ELECTIONS & C.A. COMMITTEE: 6-0, 4/18/23
AYES: Glazer, Allen, McGuire, Menjivar, Newman, Umberg
NO VOTE RECORDED: Nguyen
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Elections: Senate Constitutional Amendment 2 of the 2021–22 Regular Session
SOURCE: Author
DIGEST:
This bill moves SCA 2 (Allen, Resolution Chapter 182, Statutes of 2022) from the March 5, 2024 statewide primary election to the November 5, 2024 statewide general election.
ANALYSIS: Existing law requires every constitutional amendment, bond measure, or other legislative measure 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 by the Legislature.
This bill:
- Moves SCA 2 from the March 5, 2024 statewide primary election to the November 5, 2024 statewide general election. Specifically,
- Calls a special election to be held throughout the state on November 5, 2024, for the purpose of submitting SCA 2 to the voters for their approval.
- Requires the election be consolidated with the statewide general election to be held on November 5, 2024.
- Requires the consolidated election be held and conducted in all respects as if there were only one election and only one form of ballot shall be used.
Background
SCA 2. Existing law provides that every constitutional amendment, bond measure, or other legislative measure submitted to the people by the Legislature shall appear on the ballot of the first statewide election occurring at least 131 days after the adoption of the proposal by the Legislature.
During the 2021-22 Legislative Session the Legislature adopted SCA 2. SCA 2 repeals Article 34 of the California Constitution which requires majority approval by the voters of a city or county for the development, construction, or acquisition of a publicly funded affordable housing project. Since this is an amendment to the California Constitution, the measure requires voter approval. The next statewide election is scheduled for March 5, 2024. In order to move the measure to another election, legislation is needed.
Voter Turnout. According to the author, there is a lower number of voters who participate in primary elections than in general elections. When looking at voter turnout data from the Secretary of State’s website, it shows that more voters participate in statewide general elections than in statewide primary elections in presidential election years. Below is a table with voter turnout data from the 2012, 2016, and 2020 presidential elections in California.
Year | Primary Election Turnout – Number of Voters | General Election Turnout – Number of Voters | Difference |
2012 | 5,328,296 | 13,202,158 | +7,873,862 General |
2016 | 8,548,301 | 14,610,509 | +6,062,208 General |
2020 | 9,687,076 | 17,785,151 | +8,098,075 General |
What Else is on the Ballot? According to the Secretary of State’s website, SCA 2 is the only ballot measure qualified for the March 5, 2024 statewide primary election. Additionally, two referenda qualified and four initiatives are eligible for the November 5, 2024 statewide general election.
Comments
According to the author, historical election data shows that smaller, less diverse subsets of voters participate in primary elections than in general elections. SB 789 will move SCA 2 from the March 2024 primary election ballot to the November 2024 general election ballot to allow a larger portion of the electorate the opportunity to vote on the measure.
Related/Prior Legislation
SCA 2 (Allen, Resolution Chapter 182, Statutes of 2022), if approved by voters, repeals Article 34 of the California Constitution which requires majority approval by the voters of a city or county for the development, construction, or acquisition of a publicly funded affordable housing project.
SB 300 (Umberg, Chapter 26, Statutes of 2020) called a special election to submit ACAs 4, 5, 6, 11, and 25 of the 2019-20 regular session and consolidated the election with the November 2020 general election.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 5/2/23)
California Housing Partnership
OPPOSITION: (Verified 5/2/23)
None received
Prepared by: Scott Matsumoto / E. & C.A. / (916) 651-4106
5/3/23 15:16:15
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Steven Glazer, Chair
2023 - 2024 Regular
Bill No: SB Hearing Date: 4/18/23
Author: | |||
Version: | 3/22/23 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Scott Matsumoto | ||
Subject: Elections: Senate Constitutional Amendment 2 of the 2021–22 Regular Session
DIGEST
This bill moves SCA 2 (Allen), Resolution Chapter 182, Statutes of 2022, from the March 5, 2024 statewide primary election to the November 5, 2024 statewide general election.
ANALYSIS
Existing law:
- Requires every constitutional amendment, bond measure, or other legislative measure 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 by the Legislature. (EC 9040)
This bill:
- Moves SCA 2 from the March 5, 2024 statewide primary election to the November 5, 2024 statewide general election. Specifically,
- Calls a special election to be held throughout the state on November 5, 2024, for the purpose of submitting SCA 2 to the voters for their approval.
- Requires the election be consolidated with the statewide general election to be held on November 5, 2024.
- Requires the consolidated election be held and conducted in all respects as if there were only one election and only one form of ballot shall be used.
BACKGROUND
SCA 2. Existing law provides that every constitutional amendment, bond measure, or other legislative measure submitted to the people by the Legislature shall appear on the ballot of the first statewide election occurring at least 131 days after the adoption of the proposal by the Legislature.
During the 2021-22 legislative session the Legislature adopted SCA 2. SCA 2 repeals Article 34 of the California Constitution which requires majority approval by the voters of a city or county for the development, construction, or acquisition of a publicly funded affordable housing project. Since this is an amendment to the California Constitution, the measure requires voter approval. The next statewide election is scheduled for March 5, 2024. In order to move the measure to another election, legislation is needed.
Voter Turnout. According to the author, there is a lower number of voters who participate in primary elections than in general elections. When looking at voter turnout data from the Secretary of State’s website, it shows that more voters participate in statewide general elections than in statewide primary elections in presidential election years. Below is a table with data from the 2012, 2016, and 2020 presidential elections in California.
Year | Primary Election Turnout – Number of Voters | General Election Turnout – Number of Voters | Difference |
2012 | 5,328,296 | 13,202,158 | +7,873,862 General |
2016 | 8,548,301 | 14,610,509 | +6,062,208 General |
2020 | 9,687,076 | 17,785,151 | +8,098,075 General |
What Else is on the Ballot? According to the Secretary of State’s website, SCA 2 is the only ballot measure qualified for the March 5, 2024 statewide primary election. Additionally, two referenda qualified and four initiatives are eligible for the November 5, 2024 statewide general election.
COMMENTS
- According to the author: Historical election data shows that smaller, less diverse subsets of voters participate in primary elections than in general elections. SB 789 will move SCA 2 from the March 2024 primary election ballot to the November 2024 general election ballot to allow a larger portion of the electorate the opportunity to vote on the measure.
- Argument in Support. In a letter supporting SB 789, the California Housing Partnership stated, in part, the following:
Amending the State Constitution is an important act. It is therefore appropriate to place proposed amendments before voters at a general election, which has higher voter participation, to better reflect the will of Californians.
RELATED/PRIOR LEGISLATION
SCA 2 (Allen), Resolution Chapter 182, Statutes of 2022, if approved by voters, repeals Article 34 of the California Constitution which requires majority approval by the voters of a city or county for the development, construction, or acquisition of a publicly funded affordable housing project.
SB 300 (Umberg), Chapter 26, Statutes of 2020, called a special election to submit ACAs 4, 5, 6, 11, and 25 of the 2019-20 regular session and consolidated the election with the November 2020 general election.
POSITIONS
Sponsor: Author
Support: California Housing Partnership
Oppose: None received
-- END --
Discussed in Hearing
2MIN
Senate Floor
5MIN
Assembly Floor
1MIN
Assembly Floor
3MIN
Assembly Floor
2MIN
Senate Floor
37SEC
Senate Floor
2MIN
Senate Standing Committee on Elections and Constitutional Amendments
Bill Co-Author(s):
