Legislature approves voter initiative protection amendment to California Constitution

SACRAMENTO, Calif. – The California Legislature passed the Protect and Retain the Majority Act, also known as Assembly Constitutional Amendment 13 (ACA 13), which protects a simple majority vote process for a measure to pass via ballot initiative.

ACA 13 also requires that any statewide initiative that aims to increase a threshold for passage, be passed at that higher threshold it proposes.

For example, if a ballot initiative proposed raising the threshold for passage of amendments to 67%, that initiative would need to garner 67% or more of the vote to pass.

The proposed addition to the California Constitution will be available for voters to decide its fate on the ballot next year.

“I am thrilled to know the Protect and Retain the Majority Vote Act will now be heading to California voters to decide next year,” said Assemblymember Chris Ward of San Diego. “After careful consideration, ACA 13 will go on the November 2024 ballot when voter participation is historically higher to ensure the broadest representation of our democracy will have their voices heard on this Constitutional issue of fairness.”

This California-based ballot initiative comes as other states have seen attempts to alter their thresholds or change their voter-based amendment approval process.

During an August special election this year, the Ohio Legislature proposed raising the voting threshold for making changes through amendments passed by ballot initiatives up to 60%. Ohio voters rejected the proposed changes during the off-year election.

Missouri's Senate attempted but failed to raise the voter threshold to 57% in May of this year and outside groups in North Dakota took steps to raise their voter-approved amendment process to 60% in April.

Current state law here in California allows for any ballot initiative approved by a majority of voters to selectively require a future measure to pass with a supermajority of the vote, providing an opportunity to undermine popular voter initiatives even after they receive majority support.

ACA 13 does not affect Proposition 13 nor does it seek to raise taxes. If approved by voters, it would go into effect beginning in 2024.

The proposed amendment also preserves the option for local governments to place non-binding advisory questions on the ballot that allow voters to provide their opinions on potential ordinances.

“We are pleased see ACA 13 pass the Legislature,” said Carolyn Coleman, Executive Director and CEO of the League of California Cities. “It’s a fair, good government constitutional amendment that ensures that voters — and not wealthy corporations or special interest groups — get to decide what is right for their communities.”