California Constitution Article 2 Voting, Initiative And Referendum, and Recall

California Constitution

ARTICLE II VOTING, INITIATIVE AND REFERENDUM, AND RECALL [SECTION 1 – SEC. 20]

( Heading of Article 2 amended June 8, 1976, by Prop. 14. Res.Ch. 5, 1976. )

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SECTION 1.

All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require.

(Sec. 1 renumbered from Sec. 26 (of Art. 1) on June 8, 1976, by Prop. 14. Res.Ch. 5, 1976.)

SEC. 2.

(a) A United States citizen 18 years of age and resident in this State may vote.

(b) An elector disqualified from voting while serving a state or federal prison term, as described in Section 4, shall have their right to vote restored upon the completion of their prison term.

(Sec. 2 amended Nov. 3, 2020, by Prop. 17. Res.Ch. 24, 2020. Effective December 16, 2020.)

SEC. 2.5.

A voter who casts a vote in an election in accordance with the laws of this State shall have that vote counted.

(Sec. 2.5 added March 5, 2002, by Prop. 43. Res.Ch. 114, 2001.)

SEC. 3.

The Legislature shall define residence and provide for registration and free elections.

(Sec. 3 renumbered from Sec. 2 on June 8, 1976, by Prop. 14. Res.Ch. 5, 1976.)

SEC. 4.

The Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or serving a state or federal prison term for the conviction of a felony.

(Sec. 4 amended Nov. 3, 2020, by Prop. 17. Res.Ch. 24, 2020. Effective December 16, 2020.)

SEC. 5.

(a) A voter-nomination primary election shall be conducted to select the candidates for congressional and state elective offices in California. All voters may vote at a voter-nominated primary election for any candidate for congressional and state elective office without regard to the political party preference disclosed by the candidate or the voter, provided that the voter is otherwise qualified to vote for candidates for the office in question. The candidates who are the top two vote-getters at a voter-nominated primary election for a congressional or state elective office shall, regardless of party preference, compete in the ensuing general election.

(b) Except as otherwise provided by Section 6, a candidate for a congressional or state elective office may have his or her political party preference, or lack of political party preference, indicated upon the ballot for the office in the manner provided by statute. A political party or party central committee shall not nominate a candidate for any congressional or state elective office at the voter-nominated primary. This subdivision shall not be interpreted to prohibit a political party or party central committee from endorsing, supporting, or opposing any candidate for a congressional or state elective office. A political party or party central committee shall not have the right to have its preferred candidate participate in the general election for a voter-nominated office other than a candidate who is one of the two highest vote-getters at the primary election, as provided in subdivision (a).

(c) The Legislature shall provide for partisan elections for presidential candidates, and political party and party central committees, including an open presidential primary whereby the candidates on the ballot are those found by the Secretary of State to be recognized candidates throughout the nation or throughout California for the office of President of the United States, and those whose names are placed on the ballot by petition, but excluding any candidate who has withdrawn by filing an affidavit of noncandidacy.

(d) A political party that participated in a primary election for a partisan office pursuant to subdivision (c) has the right to participate in the general election for that office and shall not be denied the ability to place on the general election ballot the candidate who received, at the primary election, the highest vote among that party’s candidates.

(Sec. 5 amended June 8, 2010, by Prop. 14. Res.Ch. 2, 2009. Operative Jan. 1, 2011.)

SEC. 6.

(a) All judicial, school, county, and city offices, including the Superintendent of Public Instruction, shall be nonpartisan.

(b) A political party or party central committee shall not nominate a candidate for nonpartisan office, and the candidate’s party preference shall not be included on the ballot for the nonpartisan office.

(Sec. 6 amended June 8, 2010, by Prop. 14. Res.Ch. 2, 2009. Operative Jan. 1, 2011.)

SEC. 7.

Voting shall be secret.

(Sec. 7 renumbered from Sec. 6 on June 8, 1976, by Prop. 14. Res.Ch. 5, 1976.)

SEC. 8.

(a) The initiative is the power of the electors to propose statutes and amendments to the Constitution and to adopt or reject them.

(b) An initiative measure may be proposed by presenting to the Secretary of State a petition that sets forth the text of the proposed statute or amendment to the Constitution and is certified to have been signed by electors equal in number to 5 percent in the case of a statute, and 8 percent in the case of an amendment to the Constitution, of the votes for all candidates for Governor at the last gubernatorial election.

(c) The Secretary of State shall then submit the measure at the next general election held at least 131 days after it qualifies or at any special statewide election held prior to that general election. The Governor may call a special statewide election for the measure.

(d) An initiative measure embracing more than one subject may not be submitted to the electors or have any effect.

(e) An initiative measure may not include or exclude any political subdivision of the State from the application or effect of its provisions based upon approval or disapproval of the initiative measure, or based upon the casting of a specified percentage of votes in favor of the measure, by the electors of that political subdivision.

(f) An initiative measure may not contain alternative or cumulative provisions wherein one or more of those provisions would become law depending upon the casting of a specified percentage of votes for or against the measure.

(Subdivisions (e) and (f) added June 2, 1998, by Prop. 219. Res.Ch. 34, 1996. Other Source: Entire Sec. 8 was renumbered from Sec. 22 (of Art. 4) on June 8, 1976, by Prop. 14; Res.Ch. 5, 1976.)

SEC. 9.

(a) The referendum is the power of the electors to approve or reject statutes or parts of statutes except urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations for usual current expenses of the State.

(b) A referendum measure may be proposed by presenting to the Secretary of State, within 90 days after the enactment date of the statute, a petition certified to have been signed by electors equal in number to 5 percent of the votes for all candidates for Governor at the last gubernatorial election, asking that the statute or part of it be submitted to the electors. In the case of a statute enacted by a bill passed by the Legislature on or before the date the Legislature adjourns for a joint recess to reconvene in the second calendar year of the biennium of the legislative session, and in the possession of the Governor after that date, the petition may not be presented on or after January 1 next following the enactment date unless a copy of the petition is submitted to the Attorney General pursuant to subdivision (d) of Section 10 of Article II before January 1.

(c) The Secretary of State shall then submit the measure at the next general election held at least 31 days after it qualifies or at a special statewide election held prior to that general election. The Governor may call a special statewide election for the measure.

(Sec. 9 amended June 5, 1990, by Prop. 109. Res.Ch. 74, 1988.)

SEC. 10.

(a) An initiative statute or referendum approved by a majority of votes cast thereon takes effect on the fifth day after the Secretary of State files the statement of the vote for the election at which the measure is voted on, but the measure may provide that it becomes operative after its effective date. If a referendum petition is filed against a part of a statute, the remainder of the statute shall not be delayed from going into effect.

(b) If provisions of two or more measures approved at the same election conflict, the provisions of the measure receiving the highest number of affirmative votes shall prevail.

(c) The Legislature may amend or repeal a referendum statute. The Legislature may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without the electors’ approval.

(d) Before circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the Attorney General who shall prepare a title and summary of the measure as provided by law.

(e) The Legislature shall provide for the manner in which a petition shall be circulated, presented, and certified, and the manner in which a measure shall be submitted to the electors.

(Sec. 10 amended June 5, 2018, by Prop. 71. Res.Ch. 190, 2017.)

SEC. 11.

(a) Initiative and referendum powers may be exercised by the electors of each city or county under procedures that the Legislature shall provide. Except as provided in subdivisions (b) and (c), this section does not affect a city having a charter.

(b) A city or county initiative measure may not include or exclude any part of the city or county from the application or effect of its provisions based upon approval or disapproval of the initiative measure, or based upon the casting of a specified percentage of votes in favor of the measure, by the electors of the city or county or any part thereof.

(c) A city or county initiative measure may not contain alternative or cumulative provisions wherein one or more of those provisions would become law depending upon the casting of a specified percentage of votes for or against the measure.

(Sec. 11 amended June 2, 1998, by Prop. 219. Res.Ch. 34, 1996.)

SEC. 12.

No amendment to the Constitution, and no statute proposed to the electors by the Legislature or by initiative, that names any individual to hold any office, or names or identifies any private corporation to perform any function or to have any power or duty, may be submitted to the electors or have any effect.

(Sec. 12 renumbered from Sec. 26 (of Art. 4) on June 8, 1976, by Prop. 14. Res.Ch. 5, 1976.)

SEC. 13.

Recall is the power of the electors to remove an elective officer.

(Sec. 13 added June 8, 1976, by Prop. 14. Res.Ch. 5, 1976.)

SEC. 14.

(a) Recall of a state officer is initiated by delivering to the Secretary of State a petition alleging reason for recall. Sufficiency of reason is not reviewable. Proponents have 160 days to file signed petitions.

(b) A petition to recall a statewide officer must be signed by electors equal in number to 12 percent of the last vote for the office, with signatures from each of 5 counties equal in number to 1 percent of the last vote for the office in the county. Signatures to recall Senators, members of the Assembly, members of the Board of Equalization, and judges of courts of appeal and trial courts must equal in number 20 percent of the last vote for the office.

(c) The Secretary of State shall maintain a continuous count of the signatures certified to that office.

(Sec. 14 added June 8, 1976, by Prop. 14. Res.Ch. 5, 1976, and Res.Ch. 24, Amdt. 3.)

SEC. 15.

(a) An election to determine whether to recall an officer and, if appropriate, to elect a successor shall be called by the Governor and held not less than 60 days nor more than 80 days from the date of certification of sufficient signatures.

(b) A recall election may be conducted within 180 days from the date of certification of sufficient signatures in order that the election may be consolidated with the next regularly scheduled election occurring wholly or partially within the same jurisdiction in which the recall election is held, if the number of voters eligible to vote at that next regularly scheduled election equal at least 50 percent of all the voters eligible to vote at the recall election.

(c) If the majority vote on the question is to recall, the officer is removed and, if there is a candidate, the candidate who receives a plurality is the successor. The officer may not be a candidate, nor shall there be any candidacy for an office filled pursuant to subdivision (d) of Section 16 of Article VI.

(Sec. 15 amended Nov. 8, 1994, by Prop. 183. Res.Ch. 59, 1994.)

SEC. 16.

The Legislature shall provide for circulation, filing, and certification of petitions, nomination of candidates, and the recall election.

(Sec. 16 added June 8, 1976, by Prop. 14. Res.Ch. 5, 1976.)

SEC. 17.

If recall of the Governor or Secretary of State is initiated, the recall duties of that office shall be performed by the Lieutenant Governor or Controller, respectively.

(Sec. 17 added June 8, 1976, by Prop. 14. Res.Ch. 5, 1976.)

SEC. 18.

A state officer who is not recalled shall be reimbursed by the State for the officer’s recall election expenses legally and personally incurred. Another recall may not be initiated against the officer until six months after the election.

(Sec. 18 added June 8, 1976, by Prop. 14. Res.Ch. 5, 1976, and Res.Ch. 24, Amdts. 4 and 5.)

SEC. 19.

The Legislature shall provide for recall of local officers. This section does not affect counties and cities whose charters provide for recall.

(Sec. 19 added June 8, 1976, by Prop. 14. Res.Ch. 5, 1976.)

SEC. 20.

Terms of elective offices provided for by this Constitution, other than Members of the Legislature, commence on the Monday after January 1 following election. The election shall be held in the last even-numbered year before the term expires.

(Sec. 20 added June 8, 1976, by Prop. 14. Res.Ch. 5, 1976.)



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