Frequently Asked Questions about the Role of Legislative Counsel in Initiatives

Frequently Asked Questions about the Role of Legislative Counsel in Initiatives By Chris Micheli

            Does the Office of Legislative Counsel (OLC) draft initiatives? Yes, many do not realize that the highly trained attorneys in the California Office of Legislative Counsel may draft an initiative for the statewide ballot in certain circumstances.

What is the one situation where OLC may draft an initiative? Under existing law, attorneys in the OLC may assist in the preparation of an initiative measure when requested to do so by 25 or more electors.

            Is this a specified duty of the OLC? Yes, in California’s Government Code, Title 2, Division 2, Part 2, Chapter 1, it deals with the Legislative Counsel, and, in Article 2 of Chapter 1, which was added in 1945, there are several specified duties of the Legislative Counsel.

What does Government Code Section 10243 provide? “The Legislative Counsel shall cooperate with the proponents of an initiative measure in its preparation when: (a) Requested in writing so to do by 25 or more electors proposing the measure; and (b) In the judgment of the Legislative Counsel there is reasonable probability that the measure will be submitted to the voters of the State under the laws relating to the submission of initiatives.”

Is the OLC required to draft initiatives? While the statute requires the Legislative Counsel to “cooperate” with initiative proponents, there is also discretion granted to the Legislative Counsel if she judges there is not a reasonable probability that the measure will be submitted to the statewide electorate. In that case, OLC will not draft an initiative.

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