Micheli Files
Vote requirements for the Legislature to amend voter-approved ballot measures
Image by Vitalii VodolazskyiInitiative measures proposed by voters and approved at a statewide election can make changes to the state Constitution or statutes. Statutory initiatives can be amended by another statutory initiative approved by the voters at a statewide election.
However, they cannot be amended by the Legislature, unless the initiative authorizes the two houses to amend the statutory language of the initiative (and with approval by the Governor). In most instances, a higher vote requirement is imposed (most commonly a 2/3 vote) and the legislative amendment must be consistent with or further the purposes of the ballot measure.
I reviewed the language of all of the voter-approved ballot measures adopted over the past six decades in order to properly review whether and to what extent those statutory initiatives allows amendments by the Legislature. Senate Rule 47 provides the initial basis for the chart below, but many more were added to that initial list.
In the following chart, I list the statewide ballot measure along with the required vote necessary for the two houses of the Legislature to approve amendments to each measure.
| Ballot Measure Adopted by the Voters | Vote Required |
| To pass a bill amending Sections 11369 or 11395 of the Health and Safety Code for the Homelessness, Drug Addiction, and Theft Reduction Act (Prop. 36, 2024) | 21 in the Senate and 41 in the Assembly |
| To pass a bill amending the scope of their application, to recognize additional rights of victims of crime, or to further the rights of victims of crime in the “Victims’ Bill of Rights Act of 2008: Marsy’s Law.” (Prop. 9, 2008) | 21 in the Senate and 41 in the Assembly |
| To pass a bill amending the scope of the application or to increase the punishments or penalties provided in “The Sexual Predator Punishment and Control Act: Jessica’s Law.” (Prop. 83, 2006) | 21 in the Senate and 41 in the Assembly |
| To pass a bill amending the DNA Fingerprint, Unsolved Crime and Innocence Protection Act (Prop. 69, 2004) | 21 in the Senate and 41 in the Assembly |
| To pass a bill amending Section 10248(a)(6) of the Government Code of the California Legislature Transparency Act (Prop. 54, 2016) | 21 in the Senate and 41 in the Assembly |
| To pass a bill amending the “Californians Against Sexual Exploitation Act” (Prop. 35, 2012) | 21 in the Senate and 41 in the Assembly |
| To pass a bill amending Sections 5 to 5.5, and Sections 6 to 6.3, of the Control, Regulate and Tax Adult Use of Marijuana Act (“the Adult Use of Marijuana Act”) (Prop. 64, 2016) | 21 in the Senate and 41 in the Assembly |
| To pass a bill amending, adding, or repealing provisions to further reduce the penalties for any of the offenses addressed by the “the Safe Neighborhoods and Schools Act” (Prop. 47, 2014) | 21 in the Senate and 41 in the Assembly |
| To pass a bill amending Sections 4.1 or 4.2 of the Public Safety and Rehabilitation Act of 2016 (Prop. 57, 2016) | 21 in the Senate and 41 in the Assembly |
| To pass a bill amending the California Privacy Rights Act of 2020 (Prop. 24, 2020) | 21 in the Senate and 41 in the Assembly |
| To pass a bill amending the Safety for All Act of 2016 (Sec. 13, Prop. 63, Nov. 8, 2016) | 22 in the Senate and 44 in the Assembly |
| To pass a bill amending Title 9 (commencing with Section 81000) of the Government Code, the Political Reform Act of 1974 | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the Arts and Music in Schools—Funding Guarantee and Accountability Act (Prop. 28, 2022) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending Section 6 of the Smaller Classes, Safer Schools and Financial Accountability Act, Section 47614 of the Education Code | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending “the Safe Neighborhoods and Schools Act” (Prop. 47, 2014) | 27 in the Senate and 54 in the Assembly |
| To pass a bill suspending the minimum funding guarantee for K-14 education contained in the Classroom Instructional Improvement and Accountability Act (Prop. 98, 1988) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the Three Strikes Reform Act of 2012 (Prop. 36, 2012) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the Campaign Spending Limits Act of 1986 (Prop. 68, 1988) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the California Occupational Safety and Health Restoration Act (Prop.97, 1988) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the California Voters FIRST Act, commencing with Section 8251 of the Gov’t Code (Prop. 11, 2008) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending California’s Arts and Music in Schools Act, Education Code Section 8821(c) (Prop. 28, Nov. 2022) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the No Place Like Home Program, commencing with Section 5849.1 of the Welfare and Institutions Code (Prop. 2, 2018) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the “Prison Inmate Labor Initiative of 1990” (Prop. 139, 1990) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the California State Lottery Act, numerous sections of the Government Code (Prop. 37, 1984) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the Gang Violence and Juvenile Crime Prevention Act of 1998 (Prop. 21, 2000) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending California’s Mental Health Services Act (Prop. 63, Nov. 2004) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending insurance rate regulation in the Insurance Code (Prop. 103, 1998) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the Public’s Right to Know Act (Prop. 105, 1998) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the After School Education and Safety Program Act of 2002 in the Education Code (Prop. 49, 2002) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the “California Privacy Rights Act of 2020” in the Civil Code (Prop.24, 2020) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the Control, Regulate and Tax Adult Use of Marijuana Act (“the Adult Use of Marijuana Act”) (Prop. 64, 2016) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the Crime Victims Justice Reform Act (Prop. 115, 1990) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the Homelessness, Drug Addiction, and Theft Reduction Act (Prop. 36, 2024) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the “Fair Competition and Taxpayer Savings Act” (Prop. 35, 2000) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending “The Sexual Predator Punishment and Control Act: Jessica’s Law.” (Prop. 83, 2006) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the “California Children and Families First Act of 1998.” (Prop. 10, 1998) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the “Substance Abuse and Crime Prevention Act of 2000” (Prop. 36, 2000) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the English As Required Language of Instruction in Public Schools Act. (Prop. 227, 1998) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the California Political Reform Act of 1996. except for Sections 84201, 85301, 85303, 85313, 85400, and 85402 (Prop. 208, 1996) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the Safe Drinking Water and and Toxic Enforcement Act of 1986 (Prop. 65, 1986) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending “The California State Lottery Act of 1984” (Prop. 37, 1984) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the Fair Responsibility Act of 1986 (Prop. 51, 1986) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the act that increased sentences for repeat offenders (Prop. 184, 1994) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the Coastal Zone Conservation Act (Prop. 20, 1972) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending “The Tribal Government Gaming and Economic Self-Sufficiency Act of 1998” (Prop. 5, 1998) | 27 in the Senate and 54 in the Assembly |
| To pass a bill amending the statutory provisions, other than the bond provisions, of the California Stem Cell Research and Cures Act (Sec. 8, Prop. 71, Nov. 2, 2004) | 28 in the Senate and 56 in the Assembly |
| To pass a bill amending the statutory provisions of the Victims’ Bill of Rights Act (Sec. 9, Prop. 9, Nov. 4, 2008) | 28 in the Senate and 56 in the Assembly |
| To pass a bill amending the statutory provisions, other than the bond provisions, of the California Stem Cell Research, Treatments, and Cures Initiative of 2020 (Sec. 26, Prop. 14, Nov. 3, 2020) | 28 in the Senate and 56 in the Assembly |
| To pass a bill amending the Death Penalty Reform and Savings Act of 2016 (Sec. 20, Prop. 66, Nov. 8, 2016) | 30 in the Senate and 60 in the Assembly |
| To pass a bill amending the “Victims’ Bill of Rights Act of 2008: Marsy’s Law.” (Prop. 9, 2008) | 30 in the Senate and 60 in the Assembly |
| To pass a bill amending the Protect Access to Health Care Act of 2024 (Prop. 35, 2024) | 30 in the Senate and 60 in the Assembly |
| To pass a bill amending specified provisions of the Tobacco Tax and Health Protection Act of 1988 (Prop. 99, Nov. 8, 1988; Sec. 30130, R.& T.C.) | 32 in the Senate and 64 in the Assembly |
| To pass a bill amending the Clean Air and Transportation Improvement Act of 1990 (Prop. 116, June 5, 1990; Sec. 99605, P.U.C.). | 32 in the Senate and 64 in the Assembly |
| To pass a bill amending the California Wildlife Protection Act of 1990 (Sec. 8, Prop. 117, June 5, 1990) | 32 in the Senate and 64 in the Assembly |
| To pass a bill amending specified provisions of the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Sec. 9(c), Prop. 56, Nov. 8, 2016) | 32 in the Senate and 64 in the Assembly |
| To pass a bill amending the Emergency Ambulance Employee Safety and Preparedness Act (Prop. 11, Nov. 6, 2018; Sec. 890, Lab. C.) | 32 in the Senate and 64 in the Assembly |
| To pass a bill amending the Prevention of Cruelty to Farm Animals Act (Sec. 8, Prop. 12, Nov. 6, 2018) | 32 in the Senate and 64 in the Assembly |
| To pass a bill amending specified provisions of the Protect App-Based Drivers and Services Act (Prop. 22, Nov. 3, 2020; Sec. 7465, Bus. & Prof.) | 35 in the Senate and 70 in the Assembly |
Support for The Micheli Files is provided by The McGeorge School of Law Capital Center for Law & Policy
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