California has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments. The timing of an election on a California ballot measure can vary somewhat depending on the kind of ballot measure, but special elections are allowed regardless of the type of ballot measure. All statewide ballot measures are subject to similar requirements governing ballot language, which is largely prepared by the Attorney General, as well as detailed voter guides that include information compiled by multiple state entities. California requires arguments in favor of and in opposition to each measure to be displayed on the ballot, in addition to an official title and summary and a fiscal impact statement. California provides multiple opportunities for public review and public comment before the opportunity to vote on the measure at the polls.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in California
California has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments.
√ Initiatives – Statutory
√ Initiatives – Constitutional
The people of California have the initiative power to propose and enact statutes and/or amendments to the state constitution. Cal. Const. art. II, § 8, art. XVIII, § 3.
√ Veto Referendums
Californians also have the referendum power to approve or reject any statute, or any part thereof, except “urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations for usual current expenses of the state.” Cal. Const. art. II, § 9.
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by California voters. Cal. Const. art. XVIII, §§ 1, 4.
Election Timing
The timing of an election on a California ballot measure can vary somewhat depending on the kind of ballot measure. For initiatives and veto referendums, the Governor may call a special election, which must take place before the next general election. However, legislatively referred amendments must be submitted at the next statewide election (whether a general or special election).
- An initiative must be submitted at the next general election, held at least 131 days after the initiative qualifies for the ballot, or at any special statewide election held prior to that general election. Const. art. II, § 8(c). “The Governor may call a special statewide election for the measure.” Id.
- A veto referendum must be submitted at the next general election held at least 31 days after it qualifies for the ballot, or at any special statewide election held prior to that general election. Cal. Const. art. II, § 9(c). The Governor may call a special statewide election for the measure.
- A legislatively referred amendment must be submitted to voters at the “first statewide election occurring at least 131 days after the adoption of the proposal by the Legislature.” Cal. Elec. Code § 9040. A statewide election “is an election held throughout the state.” See id. § 357.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for any statewide ballot measure in California must contain the following information.
- Ballot label: including a condensed ballot title and ballot summary and a fiscal impact summary (75 words or less, total). See Elec. Code §§ 303 (as amended by 2023 Cal. Stat. 676), 9050–9051.
- The condensed ballot title and summary (100 words or less) is prepared by the Attorney General, after inviting and considering public comment. § 9051(a)(1), (f).
- It must be true and impartial and neither an argument nor likely to create prejudice for or against the measure. § 9051(e).
- The fiscal impact summary is prepared by the Legislative Analyst as part of its impartial analysis of the measure. See Elec. Code § 9087(a).
- The condensed ballot title and summary (100 words or less) is prepared by the Attorney General, after inviting and considering public comment. § 9051(a)(1), (f).
- List of supporters and opponents of the measure (125 characters each). Cal. Elec. Code §§ 303, 9051(c).
- Ballot arguments for and against the measure. Cal. Elec. Code § 303.
- Arguments are also included in the voter information guide, discussed below.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
California’s limited publication requirements pertain to two facets of its direct democracy processes.
- In the event that no argument has been submitted for and/or against any measure, the Secretary of State must release a general press release at least 120 days before the election to invite any voter or group to submit the missing argument(s). Cal. Elec. Code §§ 9060–9061, 9044.
- Any such press release must include a summary of the essential nature or purpose of the measure.
- For initiatives and veto referendums only, the Attorney General must draft a circulating title and summary even before a petition may be circulated for signatures. The Attorney General must post the text of the measure on its website and invite written public comments. See Elec. Code § 9002. In addition, before a petition for an initiative or veto referendum is circulated for signatures, the Attorney General must send a copy of the text of the measure and the circulating title and summary to the state legislature. See id. § 9007. The appropriate committees of each house may hold public hearings on the subject of the measure. Id.
Voter Information Pamphlet
The California Secretary of State must compile a voter information guide containing the following information about each state ballot measure.
- The measure’s ballot title and official summary prepared by the Attorney General. Cal. Elec. Code §§ 9086(a)(1)(A)–(B), 9051(a)–(b).
- For legislatively referred amendments, the top of the voter guide must also include the total number of votes cast for and against the measure in each house of the legislature. § 9086(a)(1)(C).
- Concise summary of the measure prepared by the Legislative Analyst. §§ 9082.7(b)(1), 9085(a).
- The concise summary must describe the general meaning and effect of a “yes” and “no” vote on the measure. § 9085(b).
- Campaign finance-related disclosures, as follows. § 9082.7(b)(2)–(4).
- Total amount of contributions made supporting and opposing the measure. Id. sub. (b)(2).
- Current list of top ten contributors supporting and opposing the measure, compiled by the Fair Political Practices Commission. Id. sub. (b)(3).
- List of each committee formed primarily to support or oppose the measure. Id. sub. (b)(4).
- Legislative Analyst’s impartial analysis of the measure, including the fiscal impact analysis (discussed above). See Elec. Code §§ 9084(d), 9087.
- The analysis must “be written in clear and concise terms, so as to be easily understood by the average voter” and avoid technical terms whenever possible. It “may contain background information, including the effect of the measure on existing law. . . and shall generally set forth in an impartial manner the information the average voter needs to adequately understand the measure.” Elec. Code § 9087(b); Cal. Gov. Code § 88003.
- The Legislative Analyst may contract with professional writers and may request the assistance of any state department. Cal. Elec. Code § 9087(c); Cal. Gov. Code § 88003. It must also submit its analysis for review by a committee of five people, to confirm its clarity and easy comprehension to the average voter. Cal. Elec. Code § 9087(d).
- The review committee is drawn from the public, and one member must be a specialist in education, one must be bilingual, and one must be a professional writer. Id.
- Arguments submitted for and against the measure, and rebuttals. § 9084(c).
- Arguments by a measure’s sponsor are prioritized; also, compared to individual voters, the statement of bona fide associations of citizens are prioritized. See id.§ 9067, 9041–9042.
- Those submitting arguments must also submit information identifying the person/entity submitting the argument. See id. 9065.
- Any page containing arguments must include a statement that arguments are the opinions of the authors and have not been checked for accuracy by any official agency. § 9086(g).
- The measure’s full text. § 9084(a).
- The voter information guide must also include a conspicuous notice identifying the state website displaying the specific constitutional or statutory provision that the measure would repeal or revise. § 9084(b)(1).
- The Voter Bill of Rights, plus a conspicuous notice indicating that additional copies of the guide will be mailed by county election officials on request. § 9084(f), (h).
- “Tables of contents, indexes, artwork, graphics, and other materials that the Secretary of State determines will make the [guide] easier to understand or more useful for the average voter.” sub. (e).
The Secretary of State is responsible for compiling, printing, and recording the voter guide, and for mailing it to all registered voters at specified times. See Cal. Elec. Code §§ 9082.7, 9094. The Secretary of State must allow voters to opt out of the mailing, including opting out for electronic mailing. See id. § 9094.5.
JUDICIAL REVIEW
When and how can the court step in?
At least 20 days before the voter information guide is to be printed, the Secretary of State must submit it for public examination. Any elector may seek a writ of mandate, which may be granted “upon clear and convincing proof that the copy in question is false, misleading, or inconsistent with [statutory requirements] . . . , and that issuance of the writ will not substantially interfere with the printing and distribution” of the guide. Cal. Elec. Code § 9092. This statute has been interpreted as permitting pre-election challenges to the ballot language. E.g., Yes on 25, Citizens for an On-Time Budget v. Superior Court, 118 Cal. Rptr. 3d 290, 295 (Cal. Ct. App. 2010).
Sample case: Becerra v. Superior Court of Sacramento Cnty., No. C092405, 2020 WL 4668180, at *1 (Cal. Ct. App. Aug. 11, 2020) (unpublished opinion) (affirming judgment of lower court holding ballot summary to be misleading and ordering that revised language be placed on the ballot).