California Vote Requirements for Initiatives Requiring Supermajority Votes Amendment (2026)
California Vote Requirements for Initiatives Requiring Supermajority Votes Amendment | |
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Election date |
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Topic Ballot measure supermajority requirements and Initiative and referendum process |
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Status On the ballot |
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Type Legislatively referred constitutional amendment |
Origin |
The California Vote Requirements for Initiatives Requiring Supermajority Votes Amendment is on the ballot in California as a legislatively referred constitutional amendment on November 3, 2026.[1][2]
A "yes" vote supports requiring citizen-initiated constitutional amendments that propose a higher vote threshold for future state or local ballot measures to meet the same higher threshold to pass (for example, a ballot initiative proposing a 60% requirement for certain other measures would itself require a 60% vote to pass). |
A "no" vote opposes requiring citizen-initiated constitutional amendments that propose a higher vote threshold for future state or local ballot measures also to meet the same higher threshold to pass. |
Overview
How would Assembly Constitutional Amendment 13 (ACA 13) change vote requirements for certain initiatives?
- See also: Text of measure
Assembly Constitutional Amendment 13 (ACA 13) would require initiated constitutional amendments proposing increased voter approval requirements for state or local measures to be approved by the same majority requirement it is proposing. For example, an amendment proposing a two-thirds (66.67%) vote must also be approved by two-thirds of voters. Currently, initiated constitutional amendments need to be approved by a simple majority.[2]
The amendment would also authorize local governing boards (boards of supervisors, city councils, or school boards) to place advisory questions on local ballots to determine the electorate's opinion on a policy. The advisory questions would not be legally binding.[2]
Who supports and opposes this amendment?
- See also: Support and Opposition
The amendment received endorsements from the California Teachers Association, SEIU California State Council, UNITE-HERE Coalition, ACLU of California, California Common Cause, and California State Association of Counties. State Asm. Christopher Ward (D-78), sponsor of the amendment, said, "The Protect and Retain the Majority Vote Act, ACA 13, would retain the majority vote requirement for passage of state and local initiatives. ACA 13 will require proposed initiatives that seek to increase vote thresholds on future ballot measures to pass with that same proportional higher vote threshold. ... Cities and counties also often place non-binding advisory measures on the ballot to allow voters to weigh in on various issues. This is a critical tool that allows voters to advise local government, and ACA 13 would protect the right of cities to place advisory questions on the ballot to ask voters their opinion on issues."[3]
The amendment is opposed by the California Business Roundtable, California Chamber of Commerce, California Farm Bureau Federation, California NAIOP, California Taxpayer Association, Howard Jarvis Taxpayers Association, and National Federation of Independent Business - California. The California Business Roundtable said, "Under ACA 13, the power to increase voter thresholds for new and higher taxes would vest solely with the Legislature, taking away a fundamental and often-used tool for voters looking to better control their cost of living and higher taxes. However, the power to reduce voter thresholds would remain with both citizens and the Legislature, creating significant power imbalance and an unlevel playing field."[3]
An initiated constitutional amendment to require new state taxes proposed by the state legislature to be enacted via a two-thirds legislative vote and voter approval and new local taxes to be enacted via a two-thirds vote of the electorate qualified for the 2024 ballot on February 1, 2023. However, it was removed from the ballot by the California Supreme Court following a lawsuit where the court ruled that the initiative amounted to a constitutional revision and could not be decided upon by voters.[4]
The initiative would have also prohibited local governments from placing a non-binding advisory question on the same ballot as a general tax proposal asking how the revenue should be spent. Under ACA 13, the initiative would have needed to be approved by 66.67% of voters to pass.
Jon Coupal, president of the Howard Jarvis Taxpayers Association, which sponsored the initiative, said, "[T]he real target of ACA 13 is the Taxpayer Protection and Government Accountability Act. If approved by voters in November 2024, TPA will restore the original intent of several voter-approved taxpayer protection initiatives including Prop. 13, Prop. 218, and Prop. 26, all of which have been weakened by a tax-hungry legislature and a hostile judiciary."[5]
Text of measure
Constitutional changes
- See also: Article II and Article XI, California Constitution
The measure would amend Section 10 of Article II and Section 7.8 of Article XI of the California Constitution. The following underlined text would be added, and struck-through text would be deleted:[2]
Note: Hover over the text and scroll to see the full text.
Sec. 10 of Article II
(a) An initiative statute or referendum approved by a majority of votes cast thereon the electors pursuant to Section 10.5 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. If a referendum petition is filed against a part of a statute the remainder of the statute shall not be delayed from going into effect.
(b) If provisions of two or more measures approved at the same election conflict, the provisions of the measure receiving the highest number of affirmative votes shall prevail.
(c) The Legislature may amend or repeal a referendum statute. The Legislature may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without the electors’ approval.
(d) Before circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the Attorney General who shall prepare a title and summary of the measure as provided by law.
(e) The Legislature shall provide for the manner in which a petition shall be circulated, presented, and certified, and the manner in which a measure shall be submitted to the electors.
Sec. 10.5. (a) Except as provided in subdivision (b), a statewide initiative statute or referendum is approved if a majority of the votes cast on the measure are in favor.
(b) Notwithstanding Section 4 of Article XVIII or any other provision of the Constitution, an initiative measure that includes one or more provisions that amend the Constitution to increase the voter approval requirement to adopt any state or local measure is approved by the voters only if the proportion of votes cast in favor of the initiative measure is equal to or greater than the highest voter approval requirement that the initiative measure would impose for the adoption of any state or local measure.
(c) This section applies to all statewide initiative measures submitted to the electors on or after January 1, 2024, including measures that appear on the ballot at the same election at which the measure adding this section is approved by the electors.
Article XI
Sec. 7.8. At any election, pursuant to procedures that the Legislature shall provide, a local governing body may hold an advisory vote concerning any issue of governance for the purpose of allowing voters within the jurisdiction to voice their opinions on the issue. An advisory question is approved only if a majority of the votes cast on the question are in favor. The results of the advisory vote shall in no manner be controlling on the sponsoring local governing body.[6]
Support
Supporters
Officials
- State Rep. Christopher Ward (D)
Political Parties
Unions
- AFSCME California
- California Federation of Teachers
- California Teachers Association
- SEIU California State Council
- UNITE-HERE Coalition
Organizations
- ACLU of California
- California Common Cause
- California State Association of Counties
- League of Women Voters of California
Arguments
Opposition
Opponents
Political Parties
Organizations
- California Association of Realtors
- California Business Roundtable
- California Chamber of Commerce
- California Farm Bureau Federation
- California NAIOP
- California Taxpayer Protection Committee
- California Taxpayers Association
- Howard Jarvis Taxpayers Association
- National Federation of Independent Business - California
Arguments
Campaign finance
Ballotpedia has not identified any committees registered in support or opposition to the measure.
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
---|---|---|---|---|---|
Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Background
California Two-Thirds Legislative Vote and Voter Approval for New or Increased Taxes Initiative (2024)
An initiated constitutional amendment to require new state taxes proposed by the state legislature to be enacted via a two-thirds legislative vote and voter approval and new local taxes to be enacted via a two-thirds vote of the electorate qualified for the 2024 ballot on February 1, 2023. On June 20, 2024, the California Supreme Court unanimously ruled that the initiative amounted to a revision of the state constitution and was, therefore, unconstitutional and could not go before voters at the November 5, 2024 election. The initiative would have also prohibited local governments from placing a non-binding advisory question on the same ballot as a general tax proposal asking how the revenue should be spent.
The amendment was sponsored by Californians for Taxpayer Protection and Government Accountability and has received endorsements from the Howard Jarvis Taxpayers Association, California Business Roundtable, and California NAIOP. Under ACA 13, the initiative would have needed to be approved by 66.67% of voters to pass.[7][4]
Jon Coupal, president of the Howard Jarvis Taxpayers Association, said, "[T]he real target of ACA 13 is the Taxpayer Protection and Government Accountability Act. If approved by voters in November 2024, TPA will restore the original intent of several voter-approved taxpayer protection initiatives including Prop. 13, Prop. 218, and Prop. 26, all of which have been weakened by a tax-hungry legislature and a hostile judiciary."[8]
California State Council of Service Employees International Union (SEIU California), which supports ACA 13, said, " These anti-democratic measures to increase voter thresholds are intended to take away our freedoms such as abortion access and to prevent progress. ... [ACA 13] would retain and protect the majority vote, require any initiative that increases voter approval requirements to also be approved at the higher level, and would ensure local governments can always ask voters for their opinion on issues."[9]
Supermajority requirements for state constitutional amendments
Of the 49 states that require voter approval for constitutional amendments, 11 states require a supermajority vote on the amendment or some rule that combines different criteria. Delaware is the one state where voter approval is not required for state constitutional amendments.
Supermajority requirements by state for specific topics
The following states have supermajority vote requirements for specific topics of statewide ballot measures.
Arizona
Arizona requires a 60% vote for voters to pass ballot measures to approve taxes. Voters approved this requirement via Proposition 132 in 2022.
Oregon
In Oregon, a ballot measure proposing a supermajority vote, such as a 60% vote, on ballot measures must be passed by the same vote threshold, such as 60%, as the measure itself proposes. Voters passed a constitutional amendment establishing this requirement in 1998.
Utah
Utah requires a two-thirds (66.67%) vote for the approval of any initiatives concerning the taking of wildlife. Voters adopted this requirement with the passage of Proposition 5 in 1998.
Washington
Washington requires 60% supermajority approval from all voters casting a ballot on initiatives or referendums related to lotteries. Other questions require simple majority approval to be enacted. This requirement was adopted with the passage of Washington SJR 5 in 1972.
Path to the ballot
- See also: Amending the California Constitution
A two-thirds (66.67%) vote is required during one legislative session for the California State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 54 votes in the California State Assembly and 27 votes in the California State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
This amendment was introduced as Assembly Constitutional Amendment 13 (ACA 13) on July 13, 2023. The state Assembly passed ACA 13 on September 6. On September 14, the Senate voted 28-9 to pass ACA 13. Later on September 14, the Assembly voted 55-19 to concur with changes made in the Senate. The amendment was held at the desk by unanimous consent until November 1, 2023, thereby putting the amendment on the November 2024 ballot rather than the March 2024 ballot.[1]
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Assembly Bill 440 (2024)
The state legislature passed Assembly Bill 440 on July 3, 2024. AB 440, among other election changes, moved the amendment from the November 5, 2024, ballot to the November 3, 2026, ballot. Gov. Gavin Newsom (D) signed AB 440 on July 3.[10]
How to cast a vote
- See also: Voting in California
See below to learn more about current voter registration rules, identification requirements, and poll times in California.
See also
View other measures certified for the 2026 ballot across the U.S. and in California.
Explore California's ballot measure history, including constitutional amendments.
Understand how measures are placed on the ballot and the rules that apply.
External links
Footnotes
- ↑ 1.0 1.1 California State Legislature, "ACA 13 Overview," accessed August 21, 2023
- ↑ 2.0 2.1 2.2 2.3 California State Legislature, "ACA 13 Text," accessed August 21, 2023
- ↑ 3.0 3.1 California State Legislature, "ACA 13 Analysis," accessed January 11, 2024
- ↑ 4.0 4.1 Cal Matters, "High court blocks anti-tax measure from California ballot," June 20, 2024
- ↑ OC Register, "ACA 13 attacks both Proposition 13 and direct democracy in California," accessed January 11, 2024
- ↑ 6.0 6.1 Note: This text is quoted verbatim from the original source. Cite error: Invalid
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tag; name "quotedisclaimer" defined multiple times with different content - ↑ California Attorney General, "Initiative 21-0042," November 30, 2021
- ↑ OC Register, "ACA 13 attacks both Proposition 13 and direct democracy in California," accessed January 11, 2024
- ↑ California State Legislature, "Bill analysis," accessed April 4, 2025
- ↑ California State Legislature, "Assembly Bill 440," accessed July 8, 2024
- ↑ California Secretary of State, "Section 3: Polling Place Hours," accessed August 12, 2024
- ↑ California Secretary of State, "Voter Registration," accessed August 13, 2024
- ↑ 13.0 13.1 California Secretary of State, "Registering to Vote," accessed August 13, 2024
- ↑ California Secretary of State, "Same Day Voter Registration (Conditional Voter Registration)," accessed August 13, 2024
- ↑ SF.gov, "Non-citizen voting rights in local Board of Education elections," accessed November 14, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ California Secretary of State, "What to Bring to Your Polling Place," accessed August 12, 2024
- ↑ BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS, "Section 20107," accessed August 12, 2024
- ↑ Democracy Docket, "California Governor Signs Law to Ban Local Voter ID Requirements," September 30, 2024