California Constitution Article II - Voting, Initiative and Referendum, and Recall [Sections 1 - 20]
California Constitution – Article II: Voting, Initiative and Referendum, and Recall
[Sections 1 – 20]
This article outlines the fundamental rights and procedures related to voting, direct democracy, and recall of elected officials in California.
🔹 Section-by-Section Summary:
Section 1 – Right to Vote
Voting is a fundamental right of U.S. citizens aged 18 and older, who are residents of California and registered to vote.
Section 2 – Voter Qualifications
A voter must be a U.S. citizen, at least 18 years old, and residing in California.
The legislature may authorize same-day voter registration and pre-registration for minors.
Section 3 – Elector Disqualification
The legislature may prohibit voting by individuals convicted of felonies or mentally incompetent, as defined by law.
Section 4 – Legislature Must Provide
The legislature is required to provide the means to secure elections, encourage voter participation, and ensure honesty and efficiency.
Section 5 – Primary Elections
All voters can vote in primary elections, including for candidates regardless of party affiliation (Top-Two Primary System).
This applies to state and congressional offices, not presidential primaries or political party central committees.
Section 6 – Ballot Measures
Defines how initiatives, referenda, and constitutional amendments can be proposed by citizens and submitted to voters.
Section 7 – Initiative Petitions
Details how initiative measures can qualify for the ballot, including signature requirements and deadlines.
Section 8 – Referendum
Allows voters to approve or reject laws passed by the legislature, except urgency and budget acts.
Must be submitted within 90 days of the law's enactment.
Section 9 – Initiative
Citizens can propose laws or amendments, but not statutes appropriating funds for a specific use.
Section 10 – Effective Date
Measures passed by the voters take effect the day after the election, unless otherwise specified.
Section 11 – Repeal
Laws approved by the voters can only be repealed by another vote of the people.
Section 12 – Recall Elections
Establishes procedures for recalling public officials, including signature requirements and replacement candidates.
Section 13 – Prohibition on Amendments
Initiative measures may not be amended or repealed by the legislature unless the measure allows it.
Section 14 – Election for Replacement
If an official is recalled, the person receiving the most votes in the replacement election wins, even without a majority.
Section 15 – Election Dates
Details rules for scheduling elections on initiatives, referenda, and recalls.
Section 16 – Ballot Pamphlet
Requires the publication of a voter information guide for statewide elections, including arguments for and against each measure.
Section 17 – Circulators
Persons collecting signatures for initiatives or referenda must be 18 or older and registered to vote in California.
Section 18 – Prohibited Payments
Prohibits payment based on the number of signatures collected for ballot measures.
Section 19 – Internet Posting
Initiative measures must be posted online in their final form before signature gathering begins.
Section 20 – Legislative Review
Allows the public to submit initiative proposals to the legislature for public hearings before formal signature collection.
🧭 Purpose of Article II:
To ensure and protect direct democracy, giving Californians power to:
Vote in fair, open elections.
Initiate laws and amendments.
Refer laws to a popular vote.
Recall elected officials.
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