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SB-443 Referendum measures.(2021-2022)

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Date Published: 04/27/2021 09:00 PM
SB443:v97#DOCUMENT

Amended  IN  Senate  April 27, 2021
Amended  IN  Senate  April 12, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 443


Introduced by Senator Hertzberg

February 16, 2021


An act to amend Sections 13115 and 13120 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 443, as amended, Hertzberg. Referendum measures.
(1) Existing law specifies the order in which statewide ballot measures are required to appear on the ballot, with referendum measures required to be last after all initiative measures.
This bill would instead require initiative and referendum measures to appear in the order in which they qualify for the ballot.
(2) The California Constitution provides that the electors may approve or reject a statute by referendum. Senate Constitutional Amendment 1 of the 2021–22 Regular Session, if approved by the voters, would require that the ballot for a referendum measure provide that a “Yes” vote is in favor of the referendum and rejects the statute or part of the statute subject to the referendum, and a “No” vote is against the referendum and approves the statute or part of the statute subject to the referendum, thus requiring a majority vote in favor of the referendum to reject the statute or part of the statute subject to the referendum.
This bill would make conforming statutory changes contingent on the approval of the voters of SCA 1 of the 2021–22 Regular Session.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13115 of the Elections Code is amended to read:

13115.
 The order in which all state measures that are to be submitted to the voters shall appear on the ballot is as follows:
(a) Bond measures, including those proposed by initiative, in the order in which they qualify.
(b) Constitutional amendments, including those proposed by initiative, in the order in which they qualify.
(c) Legislative measures, other than those described in subdivision (a) or (b), in the order in which they are approved by the Legislature.
(d) Initiative and referendum measures, other than those described in subdivision (a) or (b), in the order in which they qualify.

SEC. 2.

 Section 13120 of the Elections Code is amended to read:

13120.
 The ballots used when voting upon a state, county, city, or district statute or ordinance referred to the voters of the respective jurisdiction as a referendum measure pursuant to Division 9 (commencing with Section 9000) shall have printed on them the words “Shall the statute (or ordinance) (stating the nature thereof, including any identifying number or title) be rejected or adopted?” rejected? Opposite the statement of the statute or ordinance to be voted on and to its right, or immediately below if there is not sufficient space opposite the statement or ordinance and to its right, the words “Yes” and “No” shall be printed on separate lines, with voting targets. If a voter marks the voting target next to the printed word “Yes,” the voter’s vote shall be counted in favor of the referendum and against adoption of the ordinance or statute. If the voter marks the voting target next to the printed word “No,” the voter’s vote shall be counted against the referendum and in favor of adoption of the ordinance or statute.

SEC. 3.

 Section 2 of this act shall become operative only if SCA 1 of the 2021–22 Regular Session is approved by the voters.