PROPERTY OWNERSHIP. CONSTITUTIONAL AMENDMENT.

Transcription

1 University of California, Hastings College of the Law UC Hastings Scholarship Repository Initiatives California Ballot Propositions and Initiatives PROPERTY OWNERSHIP. CONSTITUTIONAL AMENDMENT. Follow this and additional works at: Recommended Citation PROPERTY OWNERSHIP. CONSTITUTIONAL AMENDMENT. California Initiative 1292 (2007). This Initiative is brought to you for free and open access by the California Ballot Propositions and Initiatives at UC Hastings Scholarship Repository. It has been accepted for inclusion in Initiatives by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact

2 DEBU BOWEN j SECRETARY OF STATE STATE OF CALIFORNIA I ELECTIONS vjoo 11th Sheet, 5th Flcor I S-to, CA Tel CW) 6 ~ 6 6pax 1 1~1653-~2~4 Iwww.w-mgov May 2,2008 TO: ALL COUNTY CLERKSIREGISTRARS OF VOTERS AND PROPONENTS (08159) FROM; KATHERINE MONTGOMER Associate Elections Analyst SUBJECT: FAILURE OF INITIATIVE #I 292 Pursuant to Elections Code section 9030(b), you are hereby notified that the total number of signatures to the hereinafter named initiative constitutionat amendment filed with all county elections officials is less than 100 percent of the number of qualified voters required to find the petition sficient; therefore, the petition has failed. TITLE: PROPERTY OWNERSHIP. CONSTITUTIONAL AMENDMENT. SUMMARY DATE: 11/21/07 PROPONENT: Richard Byrd

3 DEBRABOWENI SECRETARYOFSTATE STATE OF CALIFORNIA I ELECTIONS m1ig-&pha Islwmento, ~g58~1~el (gl6)6pz16d~ax(g16)66992w(wwurm.w November 21,2007 TO: ALL COUNTY CLERKSlREGlSTRARSOF VOTERSlPROPONENT (07229) FROM: KATHERINE MONTGO Elections Analyst SUBJECT: INITIATIVE#I292 Pursuant to Elections Code section 336, we transmit herewith a copy of the Title and Summary prepared by the Attorney General on a proposed initiative measureentitled: PROPERTY OWNERSHIP. CONSTITUTIONAL AMENDMENT. The proponent of the above-named measure is: Richard Byrd 154 Tenth Street San Francisco, CA 94103

4 PROPERTY OWNERSHIP. CONSTITUTIONAL AMENDMENT. CIRCULATING AND FILING SCHEDULE 1. Minimum number of signatures required: ,354 California Constitution, Atticle tl, Section 8(b) 2. Official Summary Date:...Wednesday, : Petitions Sections: a. First day Proponent can circulate Sections for signatures (Elec. Code 5 336)...Wednesday, b. Last day Proponent can circutate and file with the county. All sections are to be filed at the same time within each county. (Elec. Codes , 9030(a))... Monday, 04121/08* c. Last day for county to determine total number of signatures affixed to petitions and to transmit total to the Secretary of State (Elec. Code (b))...Thursday, (If the Proponent files the petition with the county on a date prior to , the county has eight working days from the filing of the petition to determine the total number of signatures affixed to the petition and to transmit the total to the Secretary of State) (Elec. Code (b)). d. Secretary of State determines whether the total number of signatures filed with all county clerks/registrars of voters meets the minimum number of required signatures and notifies the counties....saturday, 05110/08** e. Last day for county to deternine tobl number of qualified voters who signed the petition, and to transmit certificate with a blank copy of the petition to the Secretary of State (Elec. Code (d)(e))... Monday, * Date adjustedfor official deadline, which falls on a weekend (Elec, Code 5 15). **Date varies based on the date of county receipt.

5 INITIATIVE#I292 Circulating and Filing Schedule continued: (Ifthe Secretary of State notifies the county to determine the number of qualified voters who signed the petitionon a date other than OV10108,the last day is no later than the thirtieth working day after the county's receipt of notification). (Elec. Code 9030(d)(e)). f. If the signature count is more than 763,790 or less than 659,637 then the Secretary of State certifies the petition as qualified or failed, and notifies the counties. If the signature count is between 659,637 and 763,790 inclusive, then the Secretary of State notifies the counties using the random sampling technique to determine the validity of all signatures (Elec. Code 9s 9030{f)(g), 9031(a)) Thursday, * g. Last day for county to determine actual number of all qualified voters who signed the petition, and to transmit certificate with a blank copy of the petitionto the Secretary of State. (Elec. Code (b)(c))...,... Friday,08/15/08 (If the Secretary of State notifies the county to determine the number of qualified voters who have signed the petition on a date other than 07/03/08, the last day is no later than the thirtieth working day after the county's receipt of notification.) (Elec. Code (b)(c).) h. Secretary of State certifies whether the petition has been signed by the number of qualified voters required to declare the petition sufficient (Elec. Code $5 9031(d), 9033) Tuesday, 08119/08* *Date varies based on the date of county receipt.

6 IMPORTANT POINTS California law prohibits the use of signatures, names and addresses gathered on initiative petitions for any purpose other than to qualify the initiative measure for the ballot. This means that the petitions cannot be used to create or add to mailing lists or similar lists for any purpose, including fundraising or requests for support. Any such misuses constitutes a crime under California law. Elections Code section 18050; Bitofsky v. Deukmejjan (1981) 124 Cal.App.3d 825, 177 Cal.Rptr. 621; 63 0ps.Cal.Atty.Gen. 37 (1980). Please refer to Elections Code sections 100, 101, t 04, 9001, 9008, 9008, 8021, and 9022 for appropriate format and type consideration in printing, typing and otherwise preparing your initiative petition for circulation and signatures. Please send a copy of the petition after you have it printed. This copy is not for our review or approval, but to supplement our file. Your attention is directed to the campaign disclosure requirements of the Political Reform Act of 1974, Government Code section et seq. When writing or calling state or county elections officials, provide the official title of the initiative which was prepared by the Attorney General. Use of this title will assist elections officials in referencing the proper file. When a petition is presented to the county elections official for filing by someone other than the proponent, the required authorization shall include the name or names of the persons filing the petition. When filing the petition with the county elections official, please provide a blank petition for elections official use.

7 :'. '. ',......,.,,. -.. EDMUND G. BROWN JR. state# ~alwrnia.. '.,.,,.~ ttorpe~ Generat : DEPAR~%ENT OF JUSTICE. -,., ',,. -, - 130o~s?RE~~,SuITE125.,' P.O. BOX SA-, CA94W2550., Debra Bow& Secretary of State ', ' 1-1' strcsf $ lo or ~a&ammto,ca ' '. -.,, ' FILED '..,, In the offfee ol the Secretnryof 8tafq - o! the State of:california..,,.,..nov ",... RE: TITLE: Title and Summary for Initiative No PROPERTY OWNERSHIP. CONSTITUTIONAL AMENDMENT. Dear Ms.Bowen:,.. I.,,.,,. '. ' ~ursuantto the provisions in sections 336 and $604 ofth6 ~le~ti&'~ode, :.- encld;sed.pl~&e'. find a copy of the ~ iheand SUmmary issued for Tnitiative~umber' ,dong with...the. text of..... I, the proposed mazisure. Please feel h,eto contact me with any questions.,. Initiative Coordinator For EDMUND G.BROWNJR. Attorney,General Enclosures Pro~onentls)aublic informatiou: Richard Byrd 154 Teqth Street Sm Francisco, CA 94103

8 -.. a -1.. i Date:''~bvembei21,2007 Initiative No ,).. ". * I'.? I The Attorney General of ~aliforniahas p&ared follow& tihe and sunrmary ofthe ;fief i.,., r',, purpose i d points.ofthe proposed measure:'.....,... > PROPERTY OWNERSHIP. CONSTITUTIONALAMENDMENT. :Anends..- CPifqmia... I Constitut&g-&jeclare that governmental entities within California, includingcities and ~odas, not make. any law or ordinancethat prevents am/citizen from ow&g &le&ily. I. 4 -"., > -, - -.,. '^ '... I' acquiring property, or that limits the amount of property one may quire, grow, produce, or ' I. ' a. own. Summary of estimata by Legi&ayg.@lyst 4Director of Finance of fiscal imgact on -, I state and local p ovkt: The fiscal effect of this be dctwmined, as it would depend largely on how the measure's &' are hterpkted byt courts and implemented by - government. (Imtiative ) -.,m,.... *.. \ ' f ' v,*, ',. >-. a?

9 September29,2007 Zni4Wve Chordhator Ofiice of the Attorney General 1300 I BM OCT W INITIATIVECOORD.(NATOR ATTORNEY GENERAL'S.QFFiCE $*&mento, CA In Re: Property Protection Act Pmrolatto CaHfOm5aElections Code, Section 9 a I rispectmiy &est the Attorney General to prepare a title and summary of the chief purposeand points of the Property ProtectionAct. 4, Plasc hd'endoledrequired by fhs ~~lirhia Eldons Code, Section 18650, check iqthe amount of TWO HUNDRED DOLLARS ($200.00) for a gfee of above referenced act and the proponent damtion as required by California Elections Code, Section Code Pleadse direct any correspondenceand questions directly to the addm below. My telephone number is (415) Thank yon for your attentionto this-matter. Richard Byrd arlchard byrd 154 tenth street rm franoisoo, =a *94103@

10 Initiative ~ h rto e Be Submitbed Dim To The Voter% The Attorney Genenl of California has prepared the foilowing title and summary of the chief purpose and points of the propwed haswe: pem set forth i e title wd mmmq pmpamd by the Attorney General. This title and sammolry must also be printed across the top of each page of the Petition whereon signatures are to appear.] TO TEE HONORABU SECRETARY OF STATF, OF CALIFORNIA We, the undersigned, registered qualified voters of California, midents of, County, hereby propose amendment relatjng to property, ahd Petition the S d a r y of State to submit the same to voters of California for their adoption or rejection at the next s u c c e primary ~ or general election, or at any special statewide eldon held prior to that primary or general hection, or as otheh ' provided by law. The proposed ~onditutional Amendment, Proaertv protection &. CALIFORMA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS 'The State of Cdfomia, counti&~, dt*r and my governmental mtitiw withi. tbc State shall not make my law or odbmce that ptevenb ally citizen f m ownkg or aq-g IegaRy, property nor shan there be a hit to the amount of property acquired, grownor procinced or owned. There shall be no law(s) or ordinate language enacted that abedge this mandate enacted by the citizens d the Skte of California.