Constitutional Vote Requirements for the Legislature

Constitutional Vote Requirements for the Legislature By Chris Micheli

            There are a number of provisions contained in the California Constitution that specify certain vote requirements for the Legislature. The following are those provisions of the state Constitution:

Article IV, Section 4 – Travel and living expenses for Members of the Legislature in connection with their official duties shall be prescribed by statute passed by rollcall vote entered in the journal, two-thirds of the membership of each house concurring.

Article IV, Section 5(a)(1) – Each house of the Legislature may expel a Member by rollcall vote entered in the journal, two thirds of the membership concurring.

Article IV, Section 5 (a)(2)(A) – Each house may suspend a Member by motion or resolution adopted by rollcall vote entered in the journal, two thirds of the membership concurring.

Article IV, Section 5(a)(2)(C) – If a motion or resolution terminating the suspension is required, it is adopted by rollcall vote entered in the journal, two thirds of the membership of the house concurring.

Article IV, Section 7(c)(5) - The Legislature shall implement this subdivision on closed sessions by concurrent resolution adopted by rollcall vote entered in the journal, two-thirds of the membership of each house concurring, or by statute,

Article IV, Section 8(a) – Either house of the Legislature may dispense with the 30-day in print rule by rollcall vote entered in the journal, three fourths of the membership concurring.

Article IV, Section 8(b)(1) – Either house of the Legislature may dispense with the 3 readings of a bill rule by rollcall vote entered in the journal, two thirds of the membership concurring.

Article IV, Section 8(b)(2) – Either house of the Legislature may dispense with the 72 hours in print for a final form bill vote rule by rollcall vote entered in the journal, two thirds of the membership concurring.

Article IV, Section 8(d) – Either house of the Legislature may pass an urgency statute by rollcall vote entered in the journal, two thirds of the membership concurring.

Article IV, Section 10(a) – The Legislature may override a gubernatorial veto if each

house passes the bill by rollcall vote entered in the journal, two-thirds of the membership concurring.

Article IV, Section 12(d) – A bill appropriating monies from the General Fund of the State is void unless passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring.

Article IV, Section 12(e)(1) – The budget bill and other bills providing for appropriations related to the budget bill may be passed in each house by rollcall vote entered in the journal, a majority of the membership concurring.

Article IV, Section 18(a) – A person may not be convicted of impeachment unless, by rollcall vote entered in the journal, two thirds of the membership of the Senate concurs.

Article IV, Section 19 – The Legislature, two-thirds of the membership of each house concurring, may amend the percentage of gross receipts required for raffles to be dedicated to beneficial or charitable purposes by means of a statute that is signed by the Governor.

Article IV, Section 20 – The five members of the Fish and Game Commission appointed by the Governor are approved by a majority of the Senate. In addition, a member may be removed by concurrent resolution adopted by each house of the Legislature by majority vote.

Article VII, Section 2 – The five members of the Personnel Board appointed by the Governor are approved by a majority of the Senate. In addition, a member may be removed by concurrent resolution adopted by each house of the Legislature, two thirds of the membership of each house concurring.

Article IX, Section 9 – The appointees to by a University of California Regent are approved by the Senate, a majority of the membership concurring, and will be for the balance of the term for which such vacancy exists.

Article X A, Section 2 - The Legislature may, by statute passed in each house by roll call vote entered in the journal, two-thirds of the membership concurring, amend or repeal, or add to, these provisions if the statute does not in any manner reduce the protection of the delta or fish and wildlife.

Article X A, Section 3 – An export of water is expressly authorized prior to appropriation if the Legislature, by statute passed in each house by roll call vote entered in the journal, two-thirds of the membership concurring.

Article X A, Section 4 – The Legislature may, by statute passed in each house by roll call vote entered in the journal, two-thirds of the membership concurring, amend or repeal, or add to, these provisions if the statute does not in any manner reduce the protection of the delta or fish and wildlife.

Article XII, Section 1 – The Legislature may remove a member of the Public Utilities Commission for incompetence, neglect of duty, or corruption, two thirds of the membership of each house concurring.

Article XIII, Section 2 - The Legislature, two-thirds of the membership of each house concurring, may classify personal property for differential taxation or for exemption.

Article XIII, Section 7 – The Legislature may authorize county boards of supervisors to exempt real property have a full value so low that, if not exempt, the total taxes and applicable subventions on the property would amount to less than the cost of assessing and collecting them, two thirds of the membership of each house concurring.

Article XIII, Section 25.5(a)(1)(A)(ii) – The Legislature enacts an urgency statute, pursuant to a bill passed in each house of the Legislature by rollcall vote entered in the journal, two-thirds of the membership concurring, that contains a suspension of law for a fiscal year and does not contain any other provision.

Article XIII, Section 25.5(a)(3) – A bill that changes the pro rata shares in which ad valorem property tax revenues are allocated among local agencies in a county must be made by a bill passed in each house of the Legislature by rollcall vote entered in the journal, two-thirds of the membership concurring.

Article XIII, Section 27 – The Legislature a majority of the membership of each house concurring, may tax corporations, including state and national banks, and their franchises by any method not prohibited by this Constitution or the Constitution or laws of the United States.

Article XVI, Section 3.5(a) – The Legislature may amend or add provisions that further the purposes of the Medi-Cal Hospital Reimbursement Improvement Act of 2013 by statute passed in each house by roll call vote entered into the journal, two-thirds of the membership concurring.

Article XVI, Section 3.5(c) – The Legislature may repeal the Medi-Cal Hospital Reimbursement Improvement Act of 2013 in its entirety by statute passed in each house by roll call vote entered into the journal, two-thirds of the membership concurring.

Article XVIII, Section 1 – The Legislature may propose an amendment or revision of the Constitution by rollcall vote entered in the journal, two thirds of the membership of each house concurring.

Article XVIII, Section 2 – The Legislature may submit at a general election the question whether to call a convention to revise the Constitution by rollcall vote entered in the journal, two thirds of the membership of each house concurring.

Article XIX, Section 4(d) - A statute enacted by the Legislature modifying the statutory allocations of motor vehicle revenues must be by a bill passed in each house of the Legislature by rollcall vote entered in the journal, two-thirds of the membership concurring, provided that the bill does not contain any other unrelated provision.

Article XIX B, Section 2(d)(4) – A statute enacted by the Legislature pursuant to this subdivision must be by a bill passed in each house of the Legislature by rollcall vote entered in the journal, two-thirds of the membership concurring.

            There are about 32 provisions found in the California Constitution that specify a vote requirement of the Legislature in order to act.

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