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California Constitution
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SECTION 1.  All political power is inherent in the people.
Government is instituted for their protection, security, and benefit,
and they have the right to alter or reform it when the public good
may require.



California Constitution
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 2.  A United States citizen 18 years of age and resident in
this State may vote.



California Constitution
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 2.5.  A voter who casts a vote in an election in accordance
with the laws of this State shall have that vote counted.



California Constitution
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 3.  The Legislature shall define residence and provide for
registration and free elections.



California Constitution
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 4.  The Legislature shall prohibit improper practices that
affect elections and shall provide for the disqualification of
electors while mentally incompetent or imprisoned or on parole for
the conviction of a felony.



California Constitution
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 5.  The Legislature shall provide for primary elections for
partisan offices, including an open presidential primary whereby the
candidates on the ballot are those found by the Secretary of State to
be recognized candidates throughout the nation or throughout
California for the office of President of the United States, and
those whose names are placed on the ballot by petition, but excluding
any candidate who has withdrawn by filing an affidavit of
noncandidacy.



California Constitution
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 6.  (a) All judicial, school, county, and city offices shall be
nonpartisan.
   (b) No political party or party central committee may endorse,
support, or oppose a candidate for nonpartisan office.



California Constitution
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 7.  Voting shall be secret.



California Constitution
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 8.  (a) The initiative is 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.
   (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 electors or have any effect.
   (e) An initiative measure shall 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.
   (f) An initiative measure shall 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.



California Constitution
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 9.  (a) The referendum is the power of the electors to approve
or reject statutes or parts of statutes except urgency statutes,
statutes calling elections, and statutes providing for tax levies or
appropriations for usual current expenses of the State.
   (b) A referendum measure may be proposed by presenting to the
Secretary of State, within 90 days after the enactment date of the
statute, a petition certified to have been signed by electors equal
in number to 5 percent of the votes for all candidates for Governor
at the last gubernatorial election, asking that the statute or part
of it be submitted to the electors.  In the case of a statute enacted
by a bill passed by the Legislature on or before the date the
Legislature adjourns for a joint recess to reconvene in the second
calendar year of the biennium of the legislative session, and in the
possession of the Governor after that date, the petition may not be
presented on or after January 1 next following the enactment date
unless a copy of the petition is submitted to the Attorney General
pursuant to subdivision (d) of Section 10 of Article II before
January 1.
   (c) The Secretary of State shall then submit the measure at the
next general election held at least 31 days after it qualifies or at
a special statewide election held prior to that general election.
The Governor may call a special statewide election for the measure.



California Constitution
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 10.  (a) An initiative statute or referendum approved by a
majority of votes thereon takes effect the day after the election
unless the measure provides otherwise.  If a referendum petition is
filed against a part of a statute the remainder shall not be delayed
from going into effect.
   (b) If provisions of 2 or more measures approved at the same
election conflict, those of the measure receiving the highest
affirmative vote shall prevail.
   (c) The Legislature may amend or repeal referendum statutes.  It
may amend or repeal an initiative statute by another statute that
becomes effective only when approved by the electors unless the
initiative statute permits amendment or repeal without their
approval.
   (d) Prior to circulation of an initiative or referendum petition
for signatures, a copy shall be submitted to the Attorney General who
shall prepare a title and summary of the measure as provided by law.

   (e) The Legislature shall provide the manner in which petitions
shall be circulated, presented, and certified, and measures submitted
to the electors.



California Constitution
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL

SEC. 11.  (a) Initiative and referendum powers may be exercised by
the electors of each city or county under procedures that the
Legislature shall provide.  Except as provided in subdivisions (b)
and (c), this section does not affect a city having a charter.
   (b) A city or county initiative measure shall not include or
exclude any part of the city or county 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 the
city or county or any part thereof.
   (c) A city or county initiative measure shall 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.



California Constitution
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 12.  No amendment to the Constitution, and no statute proposed
to the electors by the Legislature or by initiative, that names any
individual to hold any office, or names or identifies any private
corporation to perform any function or to have any power or duty, may
be submitted to the electors or have any effect.



California Constitution
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 13.  Recall is the power of the electors to remove an elective
officer.



California Constitution
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 14.  (a) Recall of a state officer is initiated by delivering
to the Secretary of State a petition alleging reason for recall.
Sufficiency of reason is not reviewable.  Proponents have 160 days to
file signed petitions.
   (b) A petition to recall a statewide officer must be signed by
electors equal in number to 12 percent of the last vote for the
office, with signatures from each of 5 counties equal in number to 1
percent of the last vote for the office in the county.  Signatures to
recall Senators, members of the Assembly, members of the Board of
Equalization, and judges of courts of appeal and trial courts must
equal in number 20 percent of the last vote for the office.
   (c) The Secretary of State shall maintain a continuous count of
the signatures certified to that office.



California Constitution
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 15.  (a) An election to determine whether to recall an officer
and, if appropriate, to elect a successor shall be called by the
Governor and held not less than 60 days nor more than 80 days from
the date of certification of sufficient signatures.
   (b) A recall election may be conducted within 180 days from the
date of certification of sufficient signatures in order that the
election may be consolidated with the next regularly scheduled
election occurring wholly or partially within the same jurisdiction
in which the recall election is held, if the number of voters
eligible to vote at that next regularly scheduled election equal at
least 50 percent of all the voters eligible to vote at the recall
election.
   (c) If the majority vote on the question is to recall, the officer
is removed and, if there is a candidate, the candidate who receives
a plurality is the successor.  The officer may not be a candidate,
nor shall there be any candidacy for an office filled pursuant to
subdivision (d) of Section 16 of Article VI.



California Constitution
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 16.  The Legislature shall provide for circulation, filing, and
certification of petitions, nomination of candidates, and the recall
election.



California Constitution
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 17.  If recall of the Governor or Secretary of State is
initiated, the recall duties of that office shall be performed by the
Lieutenant Governor or Controller, respectively.



California Constitution
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 18.  A state officer who is not recalled shall be reimbursed by
the State for the officer's recall election expenses legally and
personally incurred.  Another recall may not be initiated against the
officer until six months after the election.



California Constitution
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 19.  The Legislature shall provide for recall of local
officers. This section does not affect counties and cities whose
charters provide for recall.



California Constitution
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 20.  Terms of elective offices provided for by this
Constitution, other than Members of the Legislature, commence on the
Monday after January 1 following election.  The election shall be
held in the last even-numbered year before the term expires.








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