Often referred to as “direct democracy,” the initiative process is the power of the people to place measures on the ballot. These measures can either create or change statutes (including general obligation bonds) or amend the California Constitution.

If the initiative proposes to amend California statute, signatures of registered voters gathered must equal in number to 5 percent of the votes cast for all candidates for Governor in the most recent gubernatorial election.

If the initiative proposes to amend the California Constitution, signatures of registered voters gathered must equal in number to 8 percent of the votes cast for all candidates for Governor in the most recent gubernatorial election.

An initiative requires a simple majority of the public’s vote to be enacted.

STEPS IN THE INITIATIVE PROCESS

• Proponents write the text of the proposed law.
• The draft is submitted to the Attorney General, along with $200. The money is refunded if the measure qualifies for the ballot; otherwise it is placed in the state's general fund.
• The Attorney General prepares a title and official summary.
• The Attorney General sends the summary to proponents, the Senate, the Assembly and the Secretary of State. The Legislature may conduct public hearings on it, but cannot amend it.
• Calendar deadlines are calculated from the date the summary is sent to the proponents (the official summary date).
• Petitions must have the official summary on each signature page.
• Circulation of petitions can only begin on the official summary date. Completed, signed petitions must be filed no later than 150 days from the official summary date. Each initiative will be placed on the next statewide general or special election ballot that occurs 131 days after the petition qualifies.
• Number of signatures required:
  • Initiative statute: five percent of the votes cast for all candidates who ran for governor in the last election. The number of signatures required to qualify for this ballot is 433,971.
  • Initiative constitutional amendment: eight percent of the voters cast for all candidates who ran for governor in the last election. The number required to qualify for this ballot was 694,354.

• Signers may withdraw their names by filing a written request.
• Petitions must be filed in the county in which they were circulated.
• If the state total based on random sampling is more than 110 percent of the required number of signatures, the Secretary of State certifies the initiative as qualified for the ballot. If the random sampling total is between 95 and 110 percent of the required number, a full count of all the signatures is ordered.
• When the initiative measure qualifies, it is sent to the Legislature. It is assigned to the appropriate committees, which then hold joint public hearings on the subject at least 30 days before the election. The Legislature has no authority to alter the measure or prevent it from going on the ballot.
• Under the Political Reform Act of 1974, committees supporting or opposing an initiative must file campaign disclosure statements if they have made or received contributions or made expenditures.
• Proponents and opponents may submit arguments for inclusion in the ballot pamphlet.
• An initiative measure approved by majority vote takes effect the day after the election unless it specifies otherwise. If provisions of two or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote prevail. The Legislature may amend or repeal initiative statutes by another statute that becomes effective only when approved by voters, unless the initiative statute permits amendment or repeal without their approval.

(Adapted from the LWV California 1998 Initiative and Referendum study kit, pages 9 and 10.)

For a detailed description of the initiative process, go to the California Secretary of State's Web site.