Can June 27 Legislative Deadlines Be Waived?

According to the California Secretary of State and the California Legislative Calendar, June 27 is the last day for a legislative measure to qualify for the Nov. 5 General Election ballot pursuant to Elections Code Section 9040. So, if the Legislature wants to place a measure, such as a climate bond or a constitutional amendment, on the November ballot, this is the last day to do so.

Specifically, Elections Code Section 9040 requires any constitutional amendment, bond measure, or other legislative measure to be submitted to the People and proposed by the Legislature must be adopted at least 131 days before the election. That is Thursday, June 27. Nonetheless, by statute (i.e., a bill that is enacted), the Legislature can essentially waive this deadline by enacting language to state “notwithstanding Section 9040…” and then direct the Secretary of State to place a constitutional amendment, bond measure, etc. on the November 5 ballot.

Also of interest is that a bill that calls an election (which such a measure would do) takes effect immediately (with just a majority vote) and is not subject to referendum. Both of these provisions are contained in Article IV of the state Constitution. The most recent time this was done was in 2020 by SB 300 (Umberg). Prior to that, it was in 2014 that a measure was placed on the statewide ballot with fewer than 131 days.

Nonetheless, we are informed by the Secretary of State that July 3 is the last day to submit a measure for inclusion in the information guide given to voters. As a result, July 3 will be the final day for a bond measure or constitutional amendment to be adopted by the Legislature, and a bond measure (as a bill) will have to be in print by Sunday, June 30, probably by noon.

We also know from the Secretary of State that eligible initiative measures will become qualified for the ballot on the 131st day prior to the next Statewide General Election unless withdrawn by the proponents prior to its qualification by the Secretary of State. So, if a November ballot measure proponent wants to pull their measure from the statewide ballot, this is the last day to notify the Secretary of State to do so. For example, SCA 2 (Allen) may be pulled from the November 5 ballot via passage of SCR 157.