Art. II, § 8

The initiative

Power Voting & Elections Art. II · Voting, Initiative and Referendum, and Recall

Official text rightpowerlimitif conditionlegal term

(a) The initiative is the power of the to propose statutes and amendments to the Constitution and to adopt or reject them.

(b) An initiative measure may be proposed by presenting to the Secretary of State a petition that sets forth the text of the proposed statute or amendment to the Constitution and is certified to have been signed by equal in number to 5 percent in the case of a statute, and 8 percent in the case of an amendment to the Constitution, of the votes for all candidates for Governor at the last gubernatorial election.

(c) The Secretary of State shall then submit the measure at the next general election held at least 131 days after it qualifies or at any special statewide election held prior to that general election. The Governor may call a special statewide election for the measure.

(d) An initiative measure embracing more than one subject may not be submitted to the or have any effect.

(e) An initiative measure may not include or exclude any political subdivision of the State from the application or effect of its provisions based upon approval or disapproval of the initiative measure, or based upon the casting of a specified percentage of votes in favor of the measure, by the of that political subdivision.

(f) An initiative measure may not contain alternative or cumulative provisions wherein one or more of those provisions would become law depending upon the casting of a specified percentage of votes for or against the measure.

History: Subdivisions (e) and (f) added June 2, 1998, by Prop. 219. Res.Ch. 34, 1996. Other Source: Entire Sec. 8 was renumbered from Sec. 22 (of Art. 4) on June 8, 1976, by Prop. 14; Res.Ch. 5, 1976.

7 provisions here

(a) The initiative is the power of the electors to propose statutes and amendments to the Constitution and to adopt or reject them power
Who holds it
- The electors
Defined here
- "The initiative": the power of the electors to propose statutes and amendments to the Constitution and to adopt or reject them
(b) An initiative measure may be proposed by presenting to the Secretary of State a petition that sets forth the text of the proposed statute or amendment to the Constitution and is certified to have been signed by electors equal in number to 5 percent in the case of a statute, and 8 percent in the case of an amendment to the Constitution, of the votes for all candidates for Governor at the last gubernatorial election structure
Requires
- a petition that sets forth the text of the proposed statute or amendment to the Constitution
- certified to have been signed by electors equal in number to 5 percent in the case of a statute, and 8 percent in the case of an amendment to the Constitution, of the votes for all candidates for Governor at the last gubernatorial election
(c) The Secretary of State shall then submit the measure at the next general election held at least 131 days after it qualifies or at any special statewide election held prior to that general election duty
Who is bound
- The Secretary of State
Requires
- submit the measure at the next general election held at least 131 days after it qualifies or at any special statewide election held prior to that general election
(c) The Governor may call a special statewide election for the measure power
Who holds it
- The Governor
(d) An initiative measure embracing more than one subject may not be submitted to the electors or have any effect limit
Forbids
- submitting to the electors an initiative measure embracing more than one subject
(e) An initiative measure may not include or exclude any political subdivision of the State from the application or effect of its provisions based upon approval or disapproval of the initiative measure, or based upon the casting of a specified percentage of votes in favor of the measure, by the electors of that political subdivision limit
Forbids
- include or exclude any political subdivision of the State from the application or effect of its provisions based upon approval or disapproval of the initiative measure, or based upon the casting of a specified percentage of votes in favor of the measure, by the electors of that political subdivision
(f) An initiative measure may not contain alternative or cumulative provisions wherein one or more of those provisions would become law depending upon the casting of a specified percentage of votes for or against the measure limit
Forbids
- contain alternative or cumulative provisions wherein one or more of those provisions would become law depending upon the casting of a specified percentage of votes for or against the measure

Simplified explanation

The initiative is the electors' power to propose and adopt or reject statutes and constitutional amendments, by petition signed by a set share of voters. The Secretary of State submits a qualified measure at an election. Measures may embrace only one subject and are limited in other ways.

Official page on leginfo.legislature.ca.gov ↗