California Ballot Propositions and Initiatives. Follow this and additional works at:

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1 Unversty of Calforna Hastngs College of the Law UC Hastngs Scholarshp Repostory ntatves Calforna Ballot Propostons and ntatves ntatve Power. Follow ths and addtonal works at: Recommended Ctaton ntatve Power. Calforna ntatve 636 (1994). Ths ntatve s brought to you for free and open access by the Calforna Ballot Propostons and ntatves at UC Hastngs Scholarshp Repostory. t has been accepted for ncluson n ntatves by an authorzed admnstrator of UC Hastngs Scholarshp Repostory. For more nformaton please contact marcusc@uchastngs.edu.

2 Offce of the Secretary of State Tony Mller Actng Secretary of State 1230 J Street Sacramento calfornr95814 #636 ELECTONS DVSON (916) For Hearng and Speech mpared Only: (800) August TO: ALL COUNTY CLERKS/REGS~RARS OF VOTERS AND PROPONENT (9~ 195) l FROM: CATHY MTCHELL NTATVE COORDNATOR Pursuant to Electons Code secton 3520(b) you are l hereby notfed that the total number of sgnatures to the herenafter nc/med proposed NTATVE CONSTTUTONAL AMENDMENT fled wth all county electons offcals s less than 100 percent of the number of qualfed voters requreq! to fnd the petton suffcent; therefore the petton has faled. TTLE: NTATVE POWER.! NTATVE CONSTT~TONAL AMENDMENT. SUMMARY DATE: 03/07/94 PROPONENT: Mchael J. Barkley county\status.ltr\94195

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4 t Offce of the Secretary of State 1230 J Street Sacramento Cal orna ELECTONS DVSON (916) For Hearng and Speech mpared Only: (800) March #636 TO ALL REGSTRARS OF VOTERS OR COUNTY CLERKS AWD PROPONENT (94058) Pursuant to Secton 3513 of the Electons Code we transm~ herewth a copy of the Ttle and Summary prepared by the Attorney General on a proposed n;tatve Measure enttled: NTATVE POWER. NTATVE CONSTTUTONAL Art ENDMENT. Crculatng and Flng Schedule 1. Mnmum number of sgnatures requred Cal. Const. Art. Sec. 8(b) Offcal Summary Date Elec. C. Sec ~M~0~n~d~ay~~0~3~/0~7u/~9~4 3. Petton Sectons: a. Frst day Proponent can crculate Sectons for Sgnatures... Elec. C. Sec Monday 03/07/94 b. Last day Proponent can crculate and fle wth the county. All sectons are to be fled at the same tme wthn each county Wednesday 08103/94 Elec. C. Secs (a) c. Last day for county to determne total numberl of sgnatures affxed to petton and to transmt +tal to the Secretary of State... Monday 08/15/94 (f the Proponents fle the petton wth the county on a date pror to 08/03/94 the county has eght workng days from the flng of the petton ~o determne the total number of sgnatures affxed to the petton and to transmt the tptal to the Secretary of State.) Elec. C. Sec. 3520(b).

5 NTATVE POWER. NTATVE CONSTTUTONAL AMENDMENT. March Page 2 -. \../ d. Secretary of State determnes whether the total number of sgnatures fled wth al/ county clerks meets the mnmum number of requred sgnatures and notfes the countes... Wednesday 08/24/94 * e. Last day for county to determne total number of qualfed voters who sgned the petton and to transmt certfcate wth a blank copy of the petton to the Secretary of State Frday 10/07/94 (f the Secretary of State notfes the county to determne the number of qualfed voters who sgned the petton on a date other than 08/24/94 the last day s no later than the thrteth day after the county's recept of notfcaton.) Elec. C. Sec. 3520(d) (e). f. f the sgnature count s more than or less than then the Secretary of State certfes the petton has qualfed or faled and notfes the countes. f the sgnature count s between and nclusve then the Secretary of State notfes the countes usng the random samplng technque to determne the valdty of al/ sgnatures... Monday 10/17/94 * g. Last day for county to determne actual number of al/ qualfed voters who sgned the petton and to transmt certfcate wth a blank copy of the petton to the Secretary of State Thursday 12{01/94 (f the Secretary of State notfes the county to determne the number of qualfed voters who have sgned the petton on a date other than 10/17/94 the last day s no later than the thrteth workng day after county's recept of notfcaton.) Elec. C. Sec (b) (c). h. Secretary of State certfes whether the petton has been sgned by the number of qualfed voters requred to declare the petton suffcent Monday 12/05/94 * * Date vares based on recept of county certfcaton.

6 NTATVE POWER. NTATVE CONSTTUTONAL AMENDMENT. March Page 3 4. The Proponent of the above-named measure s: Mchael J. Barkley 161 North Sherdan Avenue #1 Manteca CA (209) mportant Ponts: (a) Calforna law prohbts the use of sgnatures names a~ld addresses gathered on ntatve pettons for any purpose other than to Qualfy the nt~tve measure for the ballot. Ths means that the pettons cannot be used to create or a~d to malng lsts or smlar lsts for any purpose ncludng fund rasng or requests for support. Any such msuse consttutes a 123 Cal.App. 3d Cal.Rptr. 621; 63 Ops. Cal Atty.Gen. 37 (1980).! (b) Please refer to Electons Code sectons j and 3519 for approprate format and type consderaton n prntng typng and otherwse preparng your ntatve petton for crculaton and sgnatures. Please send a copy of the petton after you have t prnted. Ths copy s not for our revew or 'approval but to supplement our fle. (c) Your attenton s drected to the campagn dsclosure r~qurements of the Poltcal Reform Act of 1974 Government Code secton et seq./ (d) When wrtng or callng state or county electons offcc/'s provde the offcal ttle of the ntatve whch was prepared by the Attorney GeneraL Use of ths ttle wll assst electons offcals n referencng the proper fle. : (e) When a petton s presented to the county electons of~cal for flng by someone other than the proponent the requred authorzaton shall nclude 1he name or names of the persons flng the petton. (f) When flng the petton wth the county electons offcal please provde a blank petton for electons offcal use. NOTE TO PROPONENTS WHO WSH TO QUALFY FO~ THE NOVEMBER GENERAL ELECTON: Ths ntatve must be certfed for the ballot 131 days before the electon (June ). Please remember to tme yo:ur submssons accordngly. For example n order to allow the maxmum tme permtte~1 by law for the random sample verfcaton process t s suggested that proponents fl~ ther pettons to county electons offcals by Aprl f a 100% check of sgnat~res s necessary t s advsed that the pettons be fled by March ! Sn~erely ~ /" "' Attachment: POLTCAL REFORM ACT OF 1974 REQUREME~JTS CATHY MTCHELL nt1atve Coordnator

7 - DANEL E. LUNGREN Attorney General State oj Calforna DEPARTMENT OF JUSTCE 1515 KS'RBBr SUl'lE51~ P.O. Box CA (916) (916) March F LED tle offce of the Secretary of State gf the Stl't of Calforna Tony Mller Actng Secretary of State 1230 J Street Sacramento CA MAR Re: ntatve Ttle and Snmmary Deputy Subject: NTATVE POWER. NTATVE CONS'''1'O''ONAL ru.ll... '... Fle No: Dear Mr. Mller: Pursuant to the provsons of sectons 3503 and 3513 of the Electons Code you are hereby notfed that on ths day we maled to the proponent of the above-dentfed proposed ntatve our ttle and summary. Enclosed s a copy of our transmttal letter to the proponent a copy of our ttle and summary a declaraton of majng thereof and a copy of the proposed measure. Accordng to nformaton avalable n our records the name and address of the proponent s as stated on the declaraton of malng. Sncerely DANEL E. LUNGREN Attorney General KATHT.EEN F. DaROSA ntatve Coordnator KFD:ms Enclosures.

8 Date:! F' e No: March SA94RF0002 The Attorney General of Calfoma has prepared the f9110wng ttle and summary of the chef purpose and ponts of the proposed measure: NTATVE POWER. NTATVE CONS'T'UTONAL AM ENDM ENT. Provdes that electors may use the ntatve process to propose consttutonal amendments or statutes or any other actons legslatve or otherwse ~at may be taken by the legslatve body and to adopt or reject them. Declares lmtatons on referendum not protect electorate. Vods procedures whch nterfere w h ntatve power. Requres removal of any ballot measure by the legslatve body w~en an ntatve on the same ~ subject has qualfed. Cty county or dstrct electors shrll have the powers of ntatve and referendum for that entty. Summary of estmate by Legslatve Analyst and Drector of Fnance of fscal mpact on state and local govellments: Could result n! more or fewer measures appearng on state or local bartots wth consequental ncreased costs or savngs of unknown magntude. - '\

9 Attorney General of the State of Calforna Atten: Ms. Kathy Da Rosa Offce of the Attorney General P.O. Box Sacramento CA ~~""~!:-:' '-: COO~DNATC~ A-:. _ :.NEY GEN:RA.L'S OFF: - - Mchael J. Barkley 161 N. Sherdan Ave. #1 Manteca CA January Dear Ms. Da Rosa Enclosed s a draft of a proposed measure a proposed statewde ballot ntatve. Please prepare a ttle and summary of the chef purpose and ponts of the proposed measure. Also enclosed s my check for $200 made out to the Attorney General of the State of Calforna. For your convenence am also enclosng a copy of my notes that crculated on Usenet wth the thrd draft of ths measure to gve you an dea as to my legslatve ntent. At ths trne estmate that ths ntatve wll not qualfy for next November's ballot and that wll need to resubmt ths to you for a full campagn for the 1996 ballot. At the moment am the sole proponent for ths measure. By my Sgnature hereby state under penalty of perjury that no appropraton for a partcular project contaned wthn the text of the proposed measure f any was ncluded n exchange for a campagn contrbuton or a pledge for a campagn contrbuton for purposes of qualfyng the proposed measure for the ballot. Thank you. " -- / / / -( Sr)~rely Mchael J.. /

10 ".. - Sl'rqtl RP [draft of the proposed measure]l. ~on 1. Over the past 82 years the courts have legslated so many exceptons to the reserved rght of ntatve and the 9slature has placed so many procedural roadblocks n ts path that the rght has been reduced to an expensve heavly 'ltgated occasonally-granted prvlege. Therefore we the people of the Statb of Calforna do hereby adopt ths ~ntatve Restoraton Amendment~ and amend the Calforna Consttuton as follows: Secton 2. Artcle 2 Secton 8 Subdvson (a) s amended to provde:!.. (a) The ntatve s the power of the electors to propose amendments to the tonsttuton or statutes or any other actons legslatve or otherwse that may be taken by the legslatve body and to adopt or reject them. No lmtaton on referendum shall apply to ntatve. Any statute that protects prerogatves?f the legslatve body shall also protect the electorate. Procedures adopted to mplement the power of ntatve ncludng those adopted pursuant to Artcle 2 Secton 11 whch n any way nterfere wth ths power are vod. Secton 3. Artcle 2 Secton 8 subdvson (d) s amended to add: f an ntatve on a subject s placed on a ballot by acton of the electorate an!r ballot measure regardng the same subject placed on that ballot by acton of the legslatve body shall be removed and nr ballot measure regardng the same subject shall be placed on that ballot by acton of the legslatve body. The provsons pf an ntatve are severable. Secton 4. Artcle 2 Secton 11 s amended to provde: Sec. 11. The electors of any cty county or dstrct shall have the powers o~ ntatve and referendum for that entty for whch the legslature may provde procedures for the exercse of these powers. Ths secton does not lmt the powers of the electorate of a cty havng a charter.

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