1 September 5, 2023
To: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
City of Foster City
From: Dane Hutchings
Managing Director
Renne Public Policy Group
RE: Assembly Constitutional Amendment 13 (Ward, 2023): Voting thresholds [As amended on August 17, 2023]
ACA 13 is a proposed constitutional amendment that began moving in the Legislature in mid-August.
This measure is backed by local government associations, including the League of California Cities, and labor organizations and is in response to the California Business Roundtable (CBRT) ballot measure that would be placed on the November, 2024 ballot to require new and stricter rules for raising taxes, fees, assessments, and property-related fees.
Assembly Constitutional Amendment (ACA) 13
If passed by the voters, it would require that an initiative measure that increases the voter approval requirement to adopt any state or local measure must receive a proportion of votes in favor of the initiative that is equal to or greater than the highest voter approval requirement imposed by the initiative for the adoption of a state or local measure. For example, if the measure includes a two -thirds vote threshold for future changes, then that enacting ballot measure would need to receive two-thirds of the vote to be approved. Add itionally, ACA 13 permits a local governing body, at any election, to hold an advisory vote concerning any issue of governance for the purpose of allowing voters within the jurisdiction to voice their opinions on the issue. It also provides that an advisory question is approved only if a majority of the votes cast on the question are in favor, and that the results of the advisory vote are not controlling on the local governing body.
Of note, t he provisions of this measure related to the vote requirement f or initiative constitutional amendments apply only to initiatives that seek to make it more difficult for voters to take a specified action by approving a ballot measure. It does not affect the vote requirement for initiative constitutional amendments that seek only to make it harder for a governmental body to approve a specified action by increasing the vote by which that body must approve an action.
The amendment is coauthored by Speaker Robert Rivas and lawmakers are aiming to put t he measure before voters on the March 5, 2024 ballot. Due to being a constitutional amendment and requiring two - thirds of both houses of the Legislature to pass, it is not subject to normal deadlines. I f passed by the Legislature, constitutional amendments do not go to the Governor and instead are referred to the Secretary of State for placement on the ballot. ACA 13 was amended on September 1 and is currently in the Assembly awaiting a Floor vote.
2 Background + CBRT Ballot Initiative Impacting Local Government Under existing law, any state ballot measure can be approved by a simple majority vote of the electorate, regardless of the changes to state law made by the measure. By contrast, some local ballot measures are subject to higher vote requirements. For instance, a local measure that is placed on the ballot by a local governing body and that proposes a special tax (a tax for which the proceeds will be used for a specifi c purpose) requires a two-thirds vote of the electorate.
If ACA 13 is approved by voters, it would mark the first time that any state ballot measure would require more than a simple majority vote to be approved. Specifically, state ballot measures that (1) are initiative measures (the term “initiative” refers exclusively to a proposed law that qualifies for the ballot through the collection of voters’ signatures on an initiative petition), (2) propose to amend the state constitution, and (3) propose to increase the vote required for voters to approve a state or local ballot measure, would be subject to a voter approval threshold that is greater than a simple majority vote.
On February 1, 2023, the Secretary of State certified that initiative #1935 (the CB RT ballot measure)—a measure that would amend the California Constitution to change the rules for how the state and local governments can impose taxes, fees, and other charges —is eligible to appear on the ballot at the November 5, 2024, statewide general election.
Among other provisions, initiative #1935 requires that any local special tax submitted by citizen initiative be approved by a two -thirds vote of the electorate to take effect, rather than the current majority vote threshold. Recent case law suggests that local special taxes that are proposed by a local initiative measure can be approved by a majority vote of the electorate. By contrast, local special taxes that are placed on the ballot by a local governmental body must be approved by a two -thirds vote of the electorate (this would remain the same under the CBRT proposal).
Additionally, initiative #1935 prohibits an advisory measure from appearing on the same ballot as a local measure that proposes a general tax if the advisory measure would indic ate that the revenue from the general tax will, could, or should be used for a specific purpose.
If ACA 13 were applied to the voter’s consideration of initiative #1935, it appears that initiative #1935 would need to be approved by two -thirds of the vote rs in order to take effect. However, while ACA 13 likely would affect the vote requirement for initiative #1935, its effects are not limited to that initiative.
Rather, the provisions of this measure would apply to any initiative constitutional amendment t hat appears on the ballot in the future and that proposes to increase the vote requirement for a state or local ballot measure.
Below we have provided a list of those registered in support and opposition of the measure as of August 17, 2023, which is the most recent public list available at this time.
Support
Alliance San Diego
American Federation of State, County and Municipal Employees, AFL-CIO Asian Pacific Environmental Network
California Calls
California Environmental Justice Alliance Action, a Project of Tides Advocacy California Federation of Teachers, AFL-CIO
3 California Green New Deal Coalition
California Labor Federation, AFL-CIO
California Professional Firefighters
California School Employees Association
California Special Districts Association
California State Association of Counties
California State Council of Service Employees International Union California Teachers Association
Catalyst California
Central Coast Alliance United for A Sustainable Economy City of San Diego
Communities for A New California
Community Coalition
Congregations Organized for Prophetic Engagement
Corporation for Supportive Housing
Courage California
Dolores Huerta Foundation
Innercity Struggle
League of California Cities
Million Voters Project
Oakland Rising
San Francisco Rising
Strategic Concepts in Organizing and Policy Education
Working Partnerships USA
Opposition
California Business Roundtable
Howard Jarvis Taxpayers Association
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