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Frequently Asked Questions about Amending or Revising the California Constitution

Can the Legislature call a constitutional convention?

California Constitution. (Photo: www.sos.ca.gov)

What is required for an amendment to the state Constitution? It requires passage of a state ballot measure approved by a majority vote of the state’s electorate.

Who can propose amendments to the state Constitution? Ballot propositions can be proposed by legislators or voters. Section 3 of Article 18 provides that the electors may amend the constitution by initiative.

What can the Legislature do? The California Constitution may also be amended or revised by the State Legislature, followed by a vote of the electorate. This process is allowed pursuant to Article 18, which provides specific rules for amending and revising the state Constitution.

Does the Governor play a formal role in legislative action on a constitutional amendment? No, the Governor does not act upon a proposed constitutional amendment.

Can the Legislature call a constitutional convention? Yes, the Legislature may submit at a general election the question whether to call a convention to revise the Constitution.

What is required of the voters with a constitutional convention? If a majority of the electorate votes yes on that question, within 6 months the Legislature must provide for the convention. Delegates to a constitutional convention are voters elected from districts as nearly equal in population as may be practicable.

What happens with the legislatively-proposed measure? Article 18, Section 4 provides that a proposed amendment or revision must be submitted to the electors and, if approved by a majority of voters, takes effect the day after the election unless the measure provides otherwise.

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Chris Micheli: Chris Micheli is an attorney and lobbyist with Snodgrass & Micheli, LLC, as well as an Adjunct Professor at McGeorge School of Law.

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