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California Ballot Initiatives

From the Attorney General's title to the county signature count, every California initiative has to beat fixed thresholds and a 180-day clock.

Voter signing a petition on a clipboard

Photograph by Lorie Shaull via Wikimedia Commons (CC BY 4.0)

A citizen initiative reaches the California ballot by clearing a series of state-supervised steps: an official title and summary from the Attorney General, a set number of voter signatures gathered within 180 days, and signature verification by county election officials under the Secretary of State.

The first step for a prospective initiative is to submit the measure text to the California Attorney General with a written request for a circulating title and summary and a $2,000 fee, which is refunded if the measure qualifies within two years. With that official title and summary in hand, proponents start the work of collecting signatures.

How an Initiative Qualifies

Petitions must be signed by registered voters equal to 5% of the total votes cast for governor in the last gubernatorial election for a proposed statute, or 8% for a constitutional amendment. Based on the 2022 governor's race, that means 546,651 signatures for a statute and 874,641 for a constitutional amendment; the numbers are recalculated after each gubernatorial election. Proponents have a maximum of 180 days from the official summary date to circulate petitions and file them with county elections officials.

Once proponents have gathered 25% of the required signatures, they must certify that to the Secretary of State. The Senate and Assembly then hold joint public hearings on the measure at least 131 days before the election. The Legislature cannot amend the initiative or keep it off the ballot.

How Signatures Are Checked

Within eight working days of filing, counties report a raw count. If the Secretary of State finds that the raw count is below 100% of required signatures, the measure fails. If it reaches 100% or more, county elections officials verify signatures by random sampling, checking at least 500 signatures or 3% of the signatures filed in the county, whichever is greater. A projection above 110% makes the measure eligible; below 95%, it fails. If the random-sample estimate falls between 95% and 110%, the Secretary of State directs the counties to verify every signature in a full check, which can take up to 60 more business days.

What Happens After Qualification

An eligible measure is qualified for the ballot on the 131st day before the next statewide general election, unless proponents withdraw it before that date. Proponents can use that window to negotiate: if the Legislature passes a compromise law, the initiative can be pulled.

The 2022 sports-betting measures show why the 8% threshold matters for gambling. Sports betting was illegal in California, and Article IV, Section 19 of the state constitution sets out the forms of gambling the state allows, such as the lottery, horse-race wagering and tribal casino games under compacts. Proposition 26, on in-person sports betting at tribal casinos and racetracks, and Proposition 27, on online sports betting, both changed the constitution as well as state law, so each was filed as an initiative constitutional amendment and statute and needed signatures equal to 8% of the last governor's vote. Voters rejected both in November 2022: Proposition 26 by about 67% to 33%, and Proposition 27 by about 82% to 18%.

The initiative process is not a simple numbers game; it is a race against fixed deadlines, with the Attorney General, county officials and the Secretary of State each controlling a step. Figures and deadlines are updated for each election cycle, so the Secretary of State's current Statewide Initiative Guide is the authoritative source for anyone following a measure.

This article is general information about the law as it stood at the time of writing, not legal or tax advice. Rules change; check the official source before you act.

Sources

  1. elections.cdn.sos.ca.gov/ballot-measures/pdf/statewide-initiative-guide.pdf
  2. lao.ca.gov/BallotAnalysis/Proposition?number=27&year=2022
  3. igs.berkeley.edu/library/california-ballot-proposition-guides/november-8-2022-general-elec