Frequently Asked Questions about California Constitution Article II

How many sections does Article 2 have? This article contains twenty sections.

What does Article 2 relate to? It relates to voting and direct democracy.

Who has political power in California? Section 1 specifies that 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.

Who may vote in California? Section 2 provides that a United States citizen 18 years of age and resident in this State may vote.

What happens to votes cast? Section 2.5 specifies that a voter who casts a vote in an election in accordance with the laws of this State is to have that vote counted.

What voter laws can the Legislature enact? Section 3 provides that the Legislature defines residence and provides for registration and free elections.

Who cannot vote in California? Section 4 states that the Legislature must prohibit improper practices that affect elections and provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.

What happens in voter-nominated elections? Section 5 provides that a voter-nomination primary election be conducted to select the candidates for congressional and state elective offices in California. All voters may vote at a voter-nominated primary election for any candidate for congressional and state elective office without regard to the political party preference disclosed by the candidate or the voter. The candidates who are the top two vote-getters at a voter-nominated primary election for a congressional or state elective office must, regardless of party preference, compete in the ensuing general election.

Which elected offices are nonpartisan? Section 6 states that all judicial, school, county, and city offices, including the Superintendent of Public Instruction, are nonpartisan.

Is voting secret in California? Section 7 requires that voting be secret.

What is the initiative power? Section 8 provides that the initiative is the power of the electors to propose statutes and amendments to the Constitution and to adopt or reject them.

What is required for an initiative in California? Section 8 states that 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.

What is a referendum? Section 9 provides that 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.

What is required for a referendum in California? Section 9 states that 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.

When does an initiative or referendum take effect? Section 10 states that an initiative statute or referendum approved by a majority of votes cast thereon takes effect on the fifth day after the Secretary of State files the statement of the vote for the election at which the measure is voted on, but the measure may provide that it becomes operative after its effective date.

What happens when a referendum is filed? Section 10 specifies that, if a referendum petition is filed against a part of a statute, the remainder of the statute will not be delayed from going into effect.

What happens if two or more ballot measures conflict? Section 10 states, if the provisions of two or more measures approved at the same election conflict, the provisions of the measure receiving the highest number of affirmative votes prevails.

What happens before circulating an initiative or referendum petition? Section 10 provides, before circulation of an initiative or referendum petition for signatures, a copy must be submitted to the Attorney General who then prepares a title and summary of the measure.

Is an initiative or referendum allowed at the local level? Section 11 states that initiative and referendum powers may be exercised by the electors of each city or county under procedures that the Legislature provides, except for a city having a charter.

What types of measures are prohibited from being placed before voters? Section 12 states that 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.

What is the recall power? Section 13 specifies that the recall is the power of the electors to remove an elective officer.

How is a recall pursued with state officials? Section 14 provides that recall of a state officer is initiated by delivering to the Secretary of State a petition alleging reason for recall. Sufficiency of the reason is not reviewable. Proponents have 160 days to file signed petitions.

What are the voter signature requirements for recall petitions? Section 14 provides that 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.

When must a recall election be called? Section 15 specifies that an election to determine whether to recall an officer and, if appropriate, to elect a successor must 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.

What happens if a majority vote for a recall? Section 15 states that, 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.

What role does the Legislature have in the petition process? Section 16 states that the Legislature is required to provide for the circulation, filing, and certification of petitions, nomination of candidates, and the recall election.

What happens if the Governor or Secretary of State is facing a recall? Section 17 provides that, if recall of the Governor or Secretary of State is initiated, the recall duties of that office must be performed by the Lieutenant Governor or Controller, respectively.

What happens if a state officer is not recalled? Section 18 specifies that a state officer who is not recalled must be reimbursed by the State for the officer’s recall election expenses legally and personally incurred.

How often can an official be subject to a recall? Section 18 provides that another recall may not be initiated against the officer until six months after the previous recall election.

Are local officials subject to recall? Section 19 requires the Legislature to provide for recall of local officers. However, this section does not affect counties and cities whose charters provide for recall.

When do terms of office begin? Section 20 specifies the terms of elective offices provided for by this Constitution, other than Members of the Legislature, commence on the Monday after January 1 following election.