California Legislature can negotiate measures off the ballot

Can the California Legislature actually negotiate measures off the statewide ballot? If so, how can that be done? As we head toward the June deadline for measures to be placed on the November 2026 statewide ballot, here is what interested parties should know about the role that the Legislature can play with those initiatives.

Legislation enacted during the 2014 Session authorizes the proponents of a statewide initiative or referendum measure to have the measure withdrawn from the ballot at any time before the measure qualifies for the ballot. The last day for initiative and legislative measures to qualify to appear on the November ballot is Thursday, June 25, per the California Secretary of State.

That 2014 law also requires a petition for a statewide initiative measure to contain prescribed language in its notice to the public describing the right of proponents to withdraw the measure from the ballot. And, the law makes it a crime for a proponent of a statewide initiative measure to seek, solicit, bargain for, or obtain any money or thing of value of or from any person, firm, or corporation for the purpose of withdrawing an initiative petition after filing it with the appropriate elections official. This law is called the “Ballot Initiative Transparency Act.”

Section 16 of the 2014 bill amended Elections Code Section 9604 to provide that “the proponents of a statewide initiative or referendum measure may withdraw the measure after filing the petition with the appropriate elections official at any time before the Secretary of State certifies that the measure has qualified for the ballot.”

Note that existing Elections Code Section 9604 already provides the following:

(a) Notwithstanding any other law, any person may engage in good faith bargaining between competing interests to secure legislative approval of matters embraced in a statewide or local initiative or referendum measure, and the proponents may, as a result of these negotiations, withdraw the measure at any time before filing the petition with the appropriate elections official.

(c) Withdrawal of a statewide initiative or referendum measure shall be effective upon receipt by the Secretary of State of a written notice of withdrawal, signed by all proponents of the measure.

(d) Withdrawal of a local initiative or referendum measure shall be effective upon receipt by the appropriate local elections official of a written notice of withdrawal, signed by all proponents of the measure.

Section 17.5 of the 2014 bill provides that the proponent of an initiative or referendum cannot seek, solicit, or obtain any money or thing of value for obtaining signatures or withdrawing an initiative petition after filing it with the appropriate elections official.

What does all of the above mean? As we saw most recently in June 2024, one or more of the statewide measures that have a sufficient number of signatures to be placed on the November 2026 statewide ballot could be withdrawn by the initiative’s proponents if the Legislature and Governor enact a suitable alternative by statute.

This invites the obvious question of which measure(s) that could be placed before voters on the November 3, 2026 ballot might be ripe for a legislative compromise and for the ballot measure’s proponents to withdraw the measure by the June 25 deadline? That also means that there are just five weeks for a legislative alternative to be negotiated and signed into law.

As a result, over the course of the several weeks, legislators, staff, lobbyists, interest groups, and proponents and opponents of proposed 2026 ballot measures may try to negotiate statutory language that would be a sufficient alternative for all parties to justify withdrawal of a particular ballot measure. Currently there are 17 initiatives that could be subject to those negotiations. About half a dozen proposed ballot measures in 2024 were withdrawn due to legislative deals. How many will be withdrawn this year?

Support for The Micheli Files is provided by The McGeorge School of Law Capital Center for Law & Policy.