Frequently Asked Questions about Ballot Measures Proposed by the Legislature

Frequently Asked Questions about Ballot Measures Proposed by the Legislature By Chris Micheli

            Can the California Legislature place measures on the ballot? Yes, legislators can place measures before the electorate at statewide elections.

Where is this authority found? Division 9, Chapter 1, Article 4 of the California Elections Code deals with Measures Proposed by the Legislature.

What does state law require? Elections Code Section 9040 requires every constitutional amendment, bond measure, or other legislative measure submitted to the People by the Legislature to appear on the ballot of the first statewide election occurring at least 131 days after the adoption of the proposal by the Legislature.

            Is there any unique authority for the ballot measure’s legislative author? Yes, Section 9041 provides that, whenever the Legislature submits any measure to the voters of the state, the author of the legislative measure and no more than two persons appointed by the author may draft an argument for the adoption of the measure.

            What happens if a ballot measure is not adopted unanimously by legislators? Then Section 9042 specifies that one Member of the Senate who voted against the measure is to be appointed by the President pro Tempore of the Senate and one Member of the Assembly who voted against the measure is be appointed by the Speaker of the Assembly for the purpose of writing an argument against the measure. The argument against the ballot measure cannot exceed 500 words.

            When must ballot arguments in be filed? Section 9043 provides that arguments prepared by legislators and their appointees must be submitted to the Secretary of State no later than a date to be designated by the Secretary of State and the arguments may not be amended or changed after they have been submitted.

            What happens if a legislator does not file an argument for or against a ballot measure that was placed on the ballot by the Legislature? Section 9044 states that, if an argument for or an argument against a measure submitted to the voters by the Legislature has not been filed by a Member of the Legislature, then any voter may request the Secretary of State’s permission to prepare and file an argument for either side.

What happens if more than one voter requests to submit an argument? In such a case, the Secretary of State must designate one of the voters to write the argument. And, any argument prepared must be submitted to the Secretary of State by a date sufficient to meet ballot printing deadlines.

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