modified 14 August 1998
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.
SECTION
2.
A United States citizen 18 years of age and resident in this State may vote.
SECTION 3.
The Legislature shall define residence and provide for registration and free
elections.
SECTION 4.
The Legislature shall prohibit improper practices that affect elections and
shall provide for the disqualification of electors while mentally incompetent
or imprisoned or on parole for the conviction of a felony.
SECTION 5.
The Legislature shall provide for primary elections for partisan offices,
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any candidate who has withdrawn by filing an affidavit of noncandidacy.
SECTION 6.
(a) All judicial, school, county, and city offices shall be nonpartisan.
(b) No political party or party central committee may endorse, support, or
oppose a candidate for nonpartisan office.
SECTION 7.
Voting shall be secret.
(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.
SECTION 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.
SECTION
10.
(a) An initiative statute or referendum approved by a majority of votes thereon
takes effect the day after the election unless the measure provides otherwise.
If a referendum petition is filed against a part of a statute the remainder
shall not be delayed from going into effect.
(b) If provisions of 2 or more measures approved at the same election conflict,
those of the measure receiving the highest affirmative vote shall prevail.
(c) The Legislature may amend or repeal referendum statutes. It 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 their approval.
(d) Prior to 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 the manner in which petitions shall be circulated,
presented, and certified, and measures submitted to the electors.
SECTION
11.
Initiative and referendum powers may be exercised by the electors of each
city or county under procedures that the Legislature shall provide. This section
does not affect a city having a charter.
SECTION 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.
SECTION 13.
Recall is the power of the electors to remove an elective officer.
SECTION 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.
SECTION 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.
SECTION 16.
The Legislature shall provide for circulation, filing, and certification of
petitions, nomination of candidates, and the recall election.
SECTION 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.
SECTION 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.
SECTION 19.
The Legislature shall provide for recall of local officers. This section does
not affect counties and cities whose charters provide for recall.
SECTION 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.
Adapted from: http://www.leginfo.ca.gov/.const/.article_2
HTML version created 21 July 1998
