The Referendum is the power of the People to approve or reject statutes or parts of statutes enacted by the Legislature. However, the Referendum does not apply to urgency statutes which take effect immediately, statutes calling for elections, and statutes providing for tax levies or appropriations for usual and current expenses of the State. To qualify for the statewide ballot, a Referendum measure must be submitted by specified deadlines after the enactment date of the statute. (Cal. Const. Art. II, § 9). For the specific deadlines that apply, contact the Initiative Coordinator or Secretary of State's Election Division.
Proponents may seek the help of private lawyers at their own expense or the assistance of the Office of the Legislative Counsel. A request to the Legislative Counsel must be submitted in writing with the specific idea for the new law or amendment, along with 25 or more signatures from electors. For further information, contact the Office of the Legislative Counsel, State Capitol, Room 3021, Sacramento, CA 95814; tel: 916-341-8000.
The proposed Initiative measure should be submitted to the Attorney General's Initiative Coordinator via U.S. Postal Service, alternative mail services (e.g., U.P.S., Fed Ex) or personal delivery. Proposed Initiative measures will not be accepted via email or facsimile transmission.
A proponent must provide all of the following:
I, ____________, acknowledge that it is a misdemeanor under state law (Section 18650 of the Elections Code) to knowingly or willfully allow the signatures on an initiative petition to be used for any purpose other than qualification of the proposed measure for the ballot. I certify that I will not knowingly or willfully allow the signatures for this initiative to be used for any purpose other than qualification of the measure for the ballot.
__________________________________ (Signature of Proponent)
Dated this ____ day of __________, 20___
Yes. Non-substantive changes (e.g., correcting a typographical error) will be accepted from the proponent until the date the Title and Summary is issued. A letter requesting a non-substantive change, along with a corrected version of the measure must be submitted to the Initiative Coordinator.
Substantive changes may be submitted by a proponent up to fifteen (15) calendar days after receipt of the measure by the Attorney General's Office.
After the 15 calendar days, the proponent must submit a new proposal with the appropriate changes and withdraw the original submission. This would require the proponent to start the process again - See Q&A #4 above for the five requirements.
If the Attorney General's Office determines that a change is substantive, rather than non-substantive, the proponent will be given the opportunity to let the measure proceed unchanged or amend the measure by the procedure described above.
To prepare a Title and Summary, the Attorney General's Office must obtain a fiscal impact report prepared jointly by the California Department of Finance and the Legislative Analyst's Office. These agencies have twenty-five (25) business days, or more if needed, after receipt of the proposed measure from the Attorney General's Office to complete the fiscal impact report.
Upon receipt of the fiscal impact report, the Attorney General's Office has fifteen (15) calendar days in which to issue Title and Summary and deliver it to the Secretary of State. A petition must not be circulated for signatures until the official Title and Summary is issued.
A fiscal impact report is not required for proposed Referendum measures.
