AMENDED IN ASSEMBLY AUGUST 17, 2023
california legislature—20 23–24 regular session
Assembly Constitutional Amendment No. 13
Introduced by Assembly Member Ward
(Principal coauthors: Assembly Members Aguiar-Curry, Berman, and Lee)
(Coauthors: Assembly Members Robert Rivas, Ortega, and Rendon) (Coauthors: Senators Durazo and Wiener)
July 13, 2023
Assembly Constitutional Amendment No. 13—A resolution to propose to the people of the State of California an amendment to the Constitution of the State, relating to ballot measures. by amending Section 10 of, and adding Section 10.5 to, Article II thereof, and adding Section 7.8 to Article XI thereof, relating to voting.
legislative counsel’s digest
ACA 13, as amended, Ward. Ballot measures. Voting thresholds.
The California Constitution provides that a proposed constitutional amendment and a statewide initiative measure each take effect only if approved by a majority of the votes cast on the amendment or measure.
This measure would further pr ovide that an initiative measur e that includes one or more provisions that would amend the Constitution to increase the voter appr oval requirement to adopt any state or local measure would be approved by the voters only if the proportion of votes cast in favor of the initiative measur e is equal to or gr eater than the highest voter approval requirement that the initiative measur e would impose.
Revised 8-24-23—See last page. 98
The California Constitution also permits initiative and r eferendum powers to be e xercised by the voter s of eac h city or county under procedures provided by the Legislature.
This measure would e xpressly authorize a local go verning body to hold an advisory vote concerning any issue of go vernance for the purpose of allowing voters within the jurisdiction to voice their opinions on the issue. The measure would specify that an advisory question is approved only if a majority of the votes cast on the question ar e in favor.
This measure would further declare that its provisions are severable and that if any provision is held invalid, the other provisions of the act remain valid, as specified.
Under the California Constitution, the Le gislature may propose an amendment to the Constitution, as specified. The Constitution permits voters to vote upon various statewide measures appearing on the ballot, including constitutional amendments, initiative statutes, and referenda.
The Constitution also permits initiati ve and referendum po wers to be exercised by local voters under procedures provided by the Legislature.
This measure would state the intent of the Legislature to propose an amendment to the Constitution relating to ballot measures.
Vote: 2⁄3. Appropriation: no. Fiscal committee: no yes. State-mandated local program: no.
line 1 RESOLVED, That this measur e shall be known, and may be line 2 cited, as the Protect and Retain the Majority Vote Act. line 3 Resolved by the Assembly, the Senate concurring , That the line 4 Legislature of the State of California at its 2023–24 Re gular line 5 Session, commencing on the fifth day of December 2022, line 6 two-thirds of the membership of each house concurring, hereby line 7 proposes to the people of the State of California, that the line 8 Constitution of the State be amended as follows:
line 9 It is the intent of the Le gislature to propose an amendment to line 10 the Constitution relating to ballot measures.
line 11 First—That Section 10 of Article II thereof is amended to read:
line 12 SEC. 10. (a) An initiative statute or referendum approved by line 13 a majority of votes cast thereon takes effect on the fifth day after line 14 the Secretary of State files the statement of the vote for the election line 15 at which the measure is v oted on, b ut the measure may pro vide line 16 that it becomes operative after its effective date. If a referendum 98 — 2 — ACA 13
line 1 petition is filed ag ainst a part of a statute, the remainder of the line 2 statute shall not be delayed from going into effect. line 3 (b) If provisions of two or more measures approved at the same line 4 election conflict, the pro visions of the measure recei ving the line 5 highest number of affirmative votes shall prevail. line 6 (c) The Legislature may amend or repeal a referendum statute. line 7 The Le gislature may amend or repeal an initiati ve statute by line 8 another statute that becomes effective only when approved by the line 9 electors unless the initiative statute permits amendment or repeal line 10 without the electors’ approval.
line 11 (d) Before circulation of an initiative or referendum petition for line 12 signatures, a copy shall be submitted to the Attorney General who line 13 shall prepare a title and summary of the measure as pro vided by line 14 law.
line 15 (e) The Le gislature shall pro vide for the manner in which a line 16 petition shall be circulated, presented, and certified, and the manner line 17 in which a measure shall be submitted to the electors. line 18 Second—That Section 10.5 is added to Article II ther eof, to line 19 read:
line 20 SEC. 10.5. (a) Except as pr ovided in subdivision (b), a line 21 statewide initiative statute or referendum is approved if a majority line 22 of the votes cast on the measure are in favor.
line 23 (b) Notwithstanding Section 4 of Article XVIII, an initiative line 24 measure that includes one or mor e pr ovisions that amend the line 25 Constitution to increase the voter approval requirement to adopt line 26 any state or local measur e is approved by the voter s only if the line 27 proportion of votes cast in favor of the initiative measure is equal line 28 to or greater than the highest voter approval requirement that the line 29 initiative measure would impose for the adoption of any state of line 30 local measure.
line 31 Third—That Section 7.8 is added to Article XI thereof, to read:
line 32 SEC. 7.8. At any election, pur suant to pr ocedures that the line 33 Legislature shall pr ovide, a local go verning body may hold an line 34 advisory vote concerning any issue of governance for the purpose line 35 of allowing voters within the jurisdiction to voice their opinions line 36 on the issue. An advisory question is approved only if a majority line 37 of the votes cast on the question ar e in favor. The results of the line 38 advisory vote shall in no manner be controlling on the sponsoring line 39 local governing body.
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line 1 Fourth—The provisions of this measur e are severable. If any line 2 portion, section, subdivision, paragraph, clause, sentence, phrase, line 3 word, or application of this measure is for any reason held to be line 4 invalid by a decision of any court of competent jurisdiction, that line 5 decision shall not affect the validity of the r emaining portions of line 6 this measure. The people of the State of California hereby declare line 7 that they would have adopted this measur e and eac h and e very line 8 portion, section, subdivision, paragraph, clause, sentence, phrase, line 9 word, and application not declar ed invalid or unconstitutional line 10 without r egard to whether any portion of this measur e or line 11 application thereof would be subsequently declared invalid. line 12
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REVISIONS: line 14
Heading—Lines 2 and 3. line 15
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