Constitutional amendment and revision provisions

The following provides commentary regarding the specific provisions of Article XVIII of the California Constitution, which deal with amending and revising the state Constitution.

SEC. 1.

The Legislature by rollcall vote entered in the journal, two-thirds of the membership of each house concurring, may propose an amendment or revision of the Constitution and in the same manner may amend or withdraw its proposal. Each amendment shall be so prepared and submitted that it can be voted on separately.

Commentary: The Legislature place either an amendment or a revision to the state Constitution on the ballot by use of an Assembly Constitutional Amendment or a Senate Constitutional Amendment. Either an ACA or SCA requires a 2/3 vote of both houses. These measures are not acted upon by the Governor. The Legislature can also consequently amend or withdraw that proposed constitutional amendment or revision.

SEC. 2.

The Legislature by rollcall vote entered in the journal, two-thirds of the membership of each house concurring, may submit at a general election the question whether to call a convention to revise the Constitution. If the majority vote yes on that question, within 6 months the Legislature shall provide for the convention. Delegates to a constitutional convention shall be voters elected from districts as nearly equal in population as may be practicable.

Commentary: The Legislature, by a 2/3 vote of both houses, can place a proposal to call a constitutional convention on the statewide ballot. If the call passed by the statewide voters, then the Legislature has six months to convene the convention, which is comprised of voter delegates.

SEC. 3.

The electors may amend the Constitution by initiative.

Commentary: Voters are specifically authorized (see also Article II) to amend the state Constitution by using the initiative.

SEC. 4.

A proposed amendment or revision shall be submitted to the electors and, if approved by a majority of votes cast thereon, 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 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.

Commentary: Ballot measures take effect on the fifth day after the Statement of Vote is published, which usually occurs about 30 days after the election. A ballot measure can have a delayed operative date, just like a statute can. That operative date is later than the effective date. Where two or more ballot measures conflict on their subject matter, the one with the highest number of votes prevails against the competing measure(s).

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