OVERVIEW

The initiative process allows voters to bypass the legislature and propose ballot measures. The two types of initiatives are constitutional amendments and statutes; and like other ballot measures, they require a majority vote to pass. Proponents circulate petitions to collect the required number of voters' signatures to qualify the measure for the ballot.

An initiative constitutional amendment requires more signatures than a statute, but if it is approved by a majority of the voters, this measure becomes part of the state's constitution and is difficult to change: an amendment may be proposed for voter approval by qualifying another initiative or by a two-thirds vote of the members of each house of the Legislature and the Governor's signature.

An initiative statute is easier to qualify because it requires fewer signatures but the Legislature can amend it with a majority vote and submission to the electorate, unless the initiative specifically permits amendment without voter approval.

STEPS IN THE INITIATIVE PROCESS

1. Proponents write the text of the proposed law.
2. The draft is submitted to the Attorney General, along with $200. The money is refunded if the measure qualifies for the ballot; otherwise it is placed in the state's general fund.
3. The Attorney General prepares a title and official summary.
4. The Attorney General sends the summary to proponents, the Senate, the Assembly and the Secretary of State. The legislature may conduct public hearings on it, but cannot amend it.

5. Calendar deadlines are calculated from the date the summary is sent to the proponents (the official summary date).
6. Petitions must have the official summary on each signature page.

7. Circulation of petitions can only begin on the official summary date. Completed, signed petitions must be filed no later than 150 days from the official summary date. Each initiative will be placed on the next statewide general or special election ballot that occurs 131 days after the petition qualifies.
8. Number of signatures required:
   • Initiative statute: 5 percent of the votes cast for all candidates who ran for governor in the last election. For the primary and general elections in 2002, this number is 419,260.

   • Initiative constitutional amendment: 8 percent of the votes cast for all candidates who ran for governor in the last election. For the primary and general elections in 2002, this number is 670,816.

9. Signers may withdraw their names by filing a written request.

10. Petitions must be filed in the county in which they were circulated.

11. If the state total based on random sampling is more than 110 percent of the required number of signatures, the Secretary of State certifies the initiative as qualified for the ballot. If the random sampling total is between 95 and 110 percent of the required number, a full count of all the signatures is ordered.
12. When the initiative measure qualifies, it is sent to the legislature. It is assigned to the appropriate committees, which then hold joint public hearings on the subject at least 30 days before the election. The legislature has no authority to alter the measure or prevent it from going on the ballot.

13. Under the Political Reform Act of 1974, committees supporting or opposing an initiative must file campaign disclosure statements if they have made or received contributions or made expenditures.
14. Proponents and opponents may submit arguments for inclusion in the ballot pamphlet.

15. An initiative measure approved by majority vote takes effect the day after the election unless it specifies otherwise. If provisions of two or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote prevail. The legislature may amend or repeal initiative statutes by another statute that becomes effective only when approved by voters, unless the initiative statute permits amendment or repeal without their approval.

(Adapted from the League of Women Votes of California 1998 Initiative and Referendum study kit, pages 9 and 10.)