PREFERENTIAL VOTING. TERMS OF OFFICE. REDISTRICTING. INITIATIVE CONSTITUTIONAL AMENDMENT

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1 University of California, Hastings College of the Law UC Hastings Scholarship Repository Initiatives California Ballot Propositions and Initiatives PREFERENTIAL VOTING. TERMS OF OFFICE. REDISTRICTING. INITIATIVE CONSTITUTIONAL AMENDMENT Follow this and additional works at: Recommended Citation PREFERENTIAL VOTING. TERMS OF OFFICE. REDISTRICTING. INITIATIVE CONSTITUTIONAL AMENDMENT California Initiative 1004 (2003). 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 SECRETARY Of. STATE. KEVIN SHELLEY STATE OF CALIFORNIA March 26, 2004 RECEIVED TO: ALL COUNTY CLERKS/REGISTRARS OF VOTERS AND PROPONENTS (04114) MAR ; HASi.1', FROM: BRIANNA LIERMAN ELECTIONS ANALYST SUBJECT: FAILURE OF INITIATIVE #1004 Pursuant to Elections Code section 9030(b), you are hereby notified that the total number of signatures to the hereinafter named INITIATIVE CONSTITUTIONAL AMENDMENT filed with all county elections officials is less than 100 percent of the number of qualified voters required to find the petition sufficient; therefore, the petition has failed. TITLE: PREFERENTIAL VOTING. TERMS OF OFFICE. REDISTRICTING. SUMMARY DATE: 10/06/03 PROPONENT: Casey Peters ELECTIONS I)CC HTJI STREET, FH I;, (loi(,v RilMENTO. c,\ TEl lax "iw'x.ss.ca.cov PROGRAMS ;\ I<O li\'es, HUSJ i\: '.ss PKt.'CR,\ MS, Li LCTI O r\s, IN Ft'I,\1:\TIOr\ TECHNU LO(;Y, C:\l IFCRf'i}, STAT E HISTORY MUSH"vl, ~nnn ;::; li ;.,'(T SF KYIClS "'FE 1'.1 H(.' ;\H', J)( ).\ lisnc P.', RTl\EkS kleistr)" l\ot.'iry PUBLIC, POLITICAL HITORM

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4 SECRETARY OF STATE KEVIN SHELLEY STATE OF CALIFORNIA October 6,2003 TO: FROM: ALL REGISTRARS OF VOTERS OR COUNTY CLERKS AND PROPONENTS (CCROV 03285) ~WhmW BRIANNA LIERMAN ELECTIONS ANALYST RE E\VED SUBJECT: Initiative #1004 Gel \ LIBRARY.r- ','N I"S COLLEGE OF 1M.;. j. HASTI N, '" Pursuant to Elections Code section 9002, we transmit herewith a copy of the Title and Summary prepared by the Attorney General on a proposed initiative measure entitled: PREFERENTIAL VOTING. TERMS OF OFFICE. REDISTRICTING. INITIATIVE CONSTITUTIONAL AMENDMENT. The proponent of the above-named measure is: Casey Peters Majority Rule Minority Rights Coalition PO Box Los Angeles, CA (213) ELECfIONS D IVISION F" STREET - 5'1'11 FLOOR. SACRAMENTO, C1\ (916) \VW'\'\/.SS.CA.GOV OTHER PROGRAMS: STATE ARC! {[ VI'S, BUS INESS PROC;RAMS, INFORMATION TECHNOLOGY, EXECUTIVE OFFICE, (;( lldi,n ST:\TE MUSEUM, M/\NAGEMENT SERVICF.<;, SAFE AT I lome, DOMESTIC PARTNERS REG ISTRY, NOTARY PUBLI C, POLITICAL REFORM

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6 #1004 PREFERENTIAL VOTING. TERMS OF OFFICE. REDISTRICTING. INITIATIVE CONSTITUTIONAL AMENDMENT. CIRCULATING AND FILING SCHEDULE 1. Minimum number of signatures required: ,105 California Constitution, Article II, Section 8(b) 2. Official Summary Date:... Monday, 10106/03 3. Petitions Sections: a. First day Proponent can circulate Sections for signatures (EC 336)... Monday, 10106/03 b. Last day Proponent can circulate and file with the county. All sections are to be filed at the same time within each county (EC 336, 9030(a»... Thursday, 03/04/04 c. Last day for county to determine total number of signatures affixed to petitions and to transmit total to the Secretary of State (EC 9030(b»... Tuesday, 03/16/04 (If the Proponent files the petition with the county on a date prior to 03/04/04, 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) (EC 9030(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... Thursday, 03/25/04* e. Last day for county to determine total number of qualified voters who signed the petition, and to transmit certificate with a blank copy of the petition to the Secretary of State (EC 9030(d)(e»... Friday, 05/07/04 *Date varies based on the date of county receipt of verification.

7 INITIATIVE #1004 Circulating and Filing Schedule continued: (If the Secretary of State notifies the county to determine the number of qualified voters who signed the petition on a date other than 03/25/04, the last day is no later than the thirtieth day after the county's receipt of notification). (EC 9030(d)(e». f. If the signature count is more than 657,916 or less than 568,200 then the Secretary of State certifies the petition as qualified or failed, and notifies the counties. If the signature count is between 568,200 and 657,916 inclusive, then the Secretary of State notifies the counties using the random sampling technique to determine the validity of all signatures (EC 9030(f)(g); 9031(a»... Monday, 05/17/04* 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 petition to the Secretary of State. (EC 9031 (b)(c»... Tuesday, 06/29/04 (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 05/17/04, the last day is no later than the thirtieth working day after the county's receipt of notification) (EC 9031 (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 (EC 9031 (d); 9033)... Saturday, 07/03/04* *Oate varies based on receipt of county certification.

8 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 fund raising or requests for support. Any such misuses constitutes a crime under California law. Elections Code section 18650; BHofsky v. Deukmejian (1981) 124 Cal. App. 3d 825, 177 Cal. Rptr. 621; 63 Ops. Cal. Atty. Gen. 37 (1980). Please refer to Elections Code sections 100,101,104,9001, 9008, 9009, 9021, 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. Enclosures

9 BILL LOCKYER Attorney General State of California DEPARTMENT OF JUSTICE 1300 I STREET. SUITE P.O. BOX SACRAMENTO, CA rt..:.',,,,-<:, Public: (916) Facsimile: (916) Phone: (916) October 6, 2003 FILED in the office of the Secretary of State of the State of California Kevin Shelley Secretary of State th Street, 5 th Floor Sacramento, California RE: SUBJECT: FILENO: Dear Mr. Shelley: Initiative Title and Summary PREFERENTIAL VOTING. TERMS OF OFFICE. REDISTRlCTING. INITIATIVE CONSTITUTIONAL AMENDMENT. SA2003RF0029, Arndt. #1-S OCT KEVIN SHELLt:.Y, ~ecretary of State Oy ~ (,.{LJl r11..p..au Deputy Secretary of State Pursuant to the provisions of sections 9004 and 336 of the Elections Code, you are hereby notified that on this day we mailed our title and summary to the proponent ofthe aboveidentified proposed initiative. Enclosed is a copy of our transmittal letter to the proponent, a copy of our title and summary, a declaration of service thereof, and a copy of the proposed measure. According to information available in our records, the name and address ofthe proponent is as stated on the declaration of service. Sincerely, ~UQ -Kn;q\\J TRlCIA KNIGHT "-.1 Initiative Coordinator For BILL LOCKYER Attorney General TK Enclosures

10 Date: October 6, 2003 File No.: SA2003RF0029 Amdt.#l-S The Attorney General of California has prepared the following title and summary of the chief purpose and points ofthe proposed measure: PREFERENTIAL VOTING. TERMS OF OFFICE. REDISTRICTING. INITIATIVE CONSTITUTIONAL AMENDMENT. Requires Legislature to establish procedures enabling voters to select and rank candidates by preference in elections. A voter's second or subsequent preference will be counted when voter's prior preferences have been deemed ineffective under standards set by Secretary of State. Candidates for constitutional office must receive majority of votes to be elected. Requires redistricting plans establish districts designed to maximize accurate representation of voters. Permits the Legislature to provide for single or multi-member districts for its members. Deletes reference in Constitution to half of the senators being elected every two years. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: One-time county costs potentially in the low tens of millions of dollars to implement new election procedures. Possible costs of holding statewide runoff elections every four years of tens of millions of dollars.

11 12 August 2003 Office of the Attorney General attention: Tricia Knight, Initiative Coordinator 1300 I Street Sacramento, California Dear Ms. Knight: fnitiatne COORDINATOR A TlORNEY GENEHPL'S OFFiCE Herein please find enclosed tile re\-ised language of the proposed initiative measure with the working titl~ MAJORITY RULE J MINORITY RIGmS INITIA TIVE. This wording replaces the first draft submitted to you under the cover letter dated 28 July 2003, requesting the Office of the Attorney General to prepare an official title and summary of the cbiefpurpose and points of the proposed initiative measure. The revised wording deletes the previous proposal's specific establishment of a system of proportional representation for electing the State Senate. However, the language of the :fmdings in Section 1 does still call for the future enactment of proportionality in electing our California State Legislators. The intended purpose of this proposed Constitutional Amendment is to require that the Governor and other State Constitutional Officers be elected by a majority vote of ballots cast for their election. The measure provides for ranked ballots to allow voters to identify their first, secon<l and subsequent choices among candidates for office, as is done in Australia, Ireland and other countries. If you have any questions, please feel free to contact me, Casey Peters, the sole proponent of this measure. My telephone number is (213) My address is elections@pcmamc net Thank you for your kind attention FOa: to this matter. Casey Peters Majority Rule Minority Rights Coalition Post Office Box Los Angeles, California 90004

12 SIl;1o()JiFOO~4 /litijar. ::H- J-S I, Casey Peters 7 acknowledge that it is a misdemeanor under state law (Section of the Elections Code) to kno\vingly or willfully allow the signatures on an initiative petition to be used for any purpose other than qualification of the proposed measure for the ballot. I certity that I will not knowingly or willfully allow the signatures for this initiative to be used for any purpose other than qualification of the measure for the ballot. Casey Peter sole proponent Majority Rule, Minority Rights Initiative Post Office Box Los Angeles, California Dated this 13 th day of August, 2003 ~CEI\I~ AUG t INITIATIVE COORDINATOR ATIORNEY GENERPL'S OFFICE

13 Majority Rule, ~nority Ri2hts Initiative SECTION 1. Tbe People of tbe State of California find as follows: All political power is inherent in the people. Government is instituted for our protection, security, and benefit, and we have the right and duty to alter or refonn it when the public good may require. Our elected executive officials, in order to have the credibility and confidence necessary to govern, must be elected by a majority of the voters. Our legislators, in order to give voice to the diverse population of California, must speak not only for a majority but also for the many minorities, be they cultural, economic, ethnic, racial, religious. political or otherwise, that constitute the mosaic of our complex society. We, the people, haye the right to instruct our representatives for the common good. In our role as voters, we need modem democratic tools to express our views accurately. When presented with more than one candidate for a single office, voters deserve the right to enumerate our personal preferences "I, 2, 3" from favorite to least desirable choice, instead of being limited to indicating only one "X' among many options. We hereby choose to amend the California Constitution to provide a requirement that the Governor and other Constitutional Officers are elected by a majority of voters. We also express our desire for a more accurate reflection of California's voters through proportional representation in our State Legislature. California bas long been a proud leader in strengthening the principles of our democratic republic. In adopting this measure, we provide greater power and flexibility for ourselves and for future voters, and we ensure a stronger voice in our own government. SECTION 2. The fonowing sections of the California Constitution are amended to read as fono~: CALIFORNL-\ CONSTITIJIION ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM. AND RECAlL SECTION 2.5. A voter who casts a vote in an election in accordance with the laws of this State shall have that vote counted. A voter shall have the right to rank preferences among all candidates for any elective office. A voter who casts a vote for a second or subsequent preference for a candidate shall have that vote counted if and when that voter's prior preferences have been deemed ineffective in accordance \Vith standards set by California's Secretary of State. SECTION 3. The Legislature shall define residence and provide for registration and free elections. The Legislature shall provide for ranked ballots where more than two candidates are on the ballot for one office. The Legislature shalf provide for each voter's right to rank preferen<;es among all candidates for any elective office. ARTICLE4 LEGISLATIVE SEC. 2. (a) The Senate has a membership of 40 Senators elected for 4-year tenus. No Senator may serve more than 2 terms. The Assembly has a membership of 80 members elected for 2-year tenns. No member of the Assembly may serve more than 3 terms. Their tenns shall commence on the first Monday in December next following their election. (b) Election of members of the Assembly shall be on the first Tuesday after the first Monday in November even-numbered years unless otherwise prescribed by the Legislature. Senators shall be elected at the same and places as members of the Assembly.

14 SA ~oo3lf ()()~, ~trr. * J-S (~) A person is ineligibje to be a member of the Legjslaturc unless the person is an ejector and has been a resident of the legislative district for one year, and a citizen of the United States and a resident of California for 3 years, immediately preceding the election. (d) When a vacancy occurs in th.e Legislature the Governor immediately shall call an election to fill the vacancy WlleSS otherwise prescribed by the Legislature. SECTION 6. For the purpose of choosing members of the Legislature, the State shall be divided into districts to be cal1ed Senatorial and Assembly Districts. Any legislator elected from a single-member district shall be elected by a majority of voters casting a ballot for that office. Any legislator elected from a multi-member district shall be ejected by proporuonal representation in accordance with California law. ARTICLE 5 EXECUTIVE SECTION 2. The Governor shall be elected every fourth year at the same time and places as members of the Assembly and hold office from the Monday after January 1 following the election until a successor qualifies. The Governor shall be elected by a majority of all votes cast for the office. The Governor shall be an elector who has been a citizen of the United States and a resident of this State for 5 years immediately preceding the Governors election. The Govel11()r may not hold other public office. No Governor may serve more than 2 terms. SECTION 11. The Lieutenant Governor, Attorney General, Controller, Secretary of State, and Treasurer shall be elected at the same time and places and for the same term as the Governor, and each shall be elected by a majority of votes cast for the given office. Members of the Board of Equalization shall be elected at the same time and places and for the same term as the Governor. No Lieutenant Governor. Attorney General, Controller, SecretaIy of State, or Treasurer may serve in the same office for more than 2 terms. ARTICLE 21 REAPPORTIONMENT OF SENATE, ASSE}.ffiLY. CONGRESSIONAL AND BOARD OF EQUALIZATION DISTRICTS SECTION 1. In the year following the year in which the national census is taken under the direction of Congress at the beginning of each decade. the Legislature shan adjust the boluldary lines of the Senatorial, Assembly. and Congressional districts in conformance with the following standards: (a) Members of the Senate, Assembly, Congress, and the Board of Equalization shall be elected from districts designed to maximize accurate representation of the voters ofcalifomia.. (b) The population of all districts of a particular type shall be reasonably equal (c) Every district,shall be contiguous. (d) Districts of each type shall be numbered consecutively commencing at the northern boundary of the State and ending at the southern boundary. (e) The geographical integrity of any city. county. or city and county. or of any geographical region shall be respected to the extent possible without violating the requirements of any other subdivision of this section. SECTION 3. Severability Clause If any provisions of this act are held to be invalid. those provisions shall have no effect on the,,'alidity of any of the other provisions. Anal0 this end, the provisions of this act are severable.

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