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California 2012 ballot propositions

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Altogether, thirteen statewide ballot propositions will be on the 2012 ballot in California. Eleven are on the November 6, 2012 ballot and two were on the June 5, 2012 ballot.[1]

No additional initiatives will qualify for the November 6, 2012 ballot. The cut-off date for submitting signatures in time to qualify for the state's November 6, 2012 ballot was in early May.

Contents

2012 will be yet another very high-stakes, high-drama ballot proposition year in California. The tug-of-war led to a successful effort to change the traditional order of how the propositions are numbered, and the order in which they will appear on the ballot. A "trailer bill" appended to the 2012 budget and signed by Jerry Brown requires that all proposed constitutional amendments appear at the top of part of the ballot proposition portion of the ballot, before any proposed state statutes appear. This was done to give an advantage to Jerry Brown's Tax Hike, which is a proposed constitutional amendment, over Molly Munger's Tax Hike, which is a proposed statute. Munger went into court to resist this change from the traditional ordering and on Friday, June 29, judge Timothy Frawley issued a temporary restraining order (TRO) forbidding Debra Bowen from assigning ballot numbers based on the new ballot-numbering system.[2][3][4] Ultimately, however, the judge ruled that Brown's change could proceed.[5]

Note: California's 3rd District Court of Appeals is considering a lawsuit filed by the Howard Jarvis Taxpayers Association that challenges the order in which the propositions were numbered by California's Secretary of State Debra Bowen. The day after Bowen assigned the numbers, the court said they wanted to hear a justification from Bowen by July 30 about the way she numbered the propositions. This situation means that the order (and numbers) of the state's November propositions might still change.[6] In the argument she filed with the court by the July 30 deadline, Debra Bowen "offered no legal arguments defending" the ballot re-ordering and instead argued that too many logistical problems would result from having to change the order again.[7]

Three of 2012's questions were originally scheduled to appear on the February 7 presidential preference ballot. However, on July 29, 2011, Gov. Jerry Brown signed a bill that moved California's presidential primary from February 7 to June 5.[8] Then, on October 7, Brown signed Senate Bill 202, thereby moving all ballot proposition elections in 2012 onto the November 6, 2012 ballot, with the exception of two initiatives that had already been qualified for the June 5 election.

The Rainy Day Budget Stabilization Act was originally certified for the November 6, 2012 ballot. However, a line was included in Senate Bill 202, signed by Gov. Brown on October 7, 2011, that moved the Rainy Day Act from the November 6, 2012 ballot to the November 4, 2014 ballot.

The 2012 ballot is the first time in the hundred-year history of initiative & referendum California that no propositions legislative referrals are on a general election year ballot in the state.[9]

On the ballot

See also: 2012 ballot measures

June 5:

Type Title Subject Description Result
CICA Proposition 28 Term limits Limit of 8 years (senate)/6 years (assembly) replaced with 12-year limit on combined service Approveda
CISS Proposition 29 Taxes Increase the tax on cigarettes to fund cancer research Defeatedd

November 6:

Type Title Subject Description Result
CICA Proposition 30 Taxes Jerry Brown's Tax Increase (revenues for general fund and education) Approveda
CICA/SS Proposition 31 State budget Two-Year Budget Cycle Defeatedd
CISS Proposition 32 Labor Ban on corporate and union contributions to state and local candidates Defeatedd
CISS Proposition 33 Insurance Car insurance rates can be based on a person's history of insurance coverage ("persistency discounts") Defeatedd
CISS Proposition 34 Death penalty "End the Death Penalty" Defeatedd
CISS Proposition 35 Law enforcement Increased Penalties for Human Trafficking and Sex Slavery ApprovedaOverturnedot
CISS Proposition 36 Law enforcement Modification of the "Three Strikes" Law Approveda
CISS Proposition 37 Regulations Mandatory Labeling of Genetically Engineered Food Defeatedd
CISS Proposition 38 Taxes Molly Munger's State Income Tax Increase for Education Defeatedd
CISS Proposition 39 Taxes Income Tax Increase for Multistate Businesses Approveda
VR Proposition 40 Redistricting Referendum on the State Senate Redistricting Plan Approveda

Initiative petitions

2012 propositions
Flag of California.png
June 5
Proposition 28
Proposition 29
November 6
Proposition 30
Proposition 31
Proposition 32
Proposition 33
Proposition 34
Proposition 35
Proposition 36
Proposition 37
Proposition 38
Proposition 39
Proposition 40
DonationsVendors
EndorsementsFull text
Ballot titlesFiscal impact
Local measures

Cost of processing

It costs the Attorney General of California about $5,000 per filed initiative to implement the required process of issuing a ballot title and summary. Those who file proposed initiatives are only required to pay $200 of this cost, or 4% of the actual cost of processing each initiative. The $200-per-filed-initiative fee was set in 1943.[10]

Political consultant Steven Maviglio commented on the number of filed proposals, "It all boils down to money. There's a $3 million gap, sometimes thankfully, between an idea for the ballot and the reality of getting before the voters. Unfortunately, filing a ballot initiative has become a publicity stunt...This also has become a business operation for many political consultants. Dream up an idea, file a measure, and then see if you can find a Sugar Daddy to fund it. Many of the measures will end up falling by the wayside if they can't attract the millions required to be on the ballot and then approved by voters."[11]

Circulating (Eligible for 2014)

See also: Potential 2012 ballot measures and California 2014 ballot propositions

Once the Office of the Attorney General of California has prepared a ballot title and a summary of a proposed initiative, the initiative is considered to be "cleared for circulation". Its supporters than have 150 days from the date that the title and summary were prepared to collect and submit to election officials the required signatures. Many times, initiative sponsors submit more than one version of a proposed initiative to the Attorney General's office. When this happens, a circulation deadline for an earlier version may elapse with no signatures having been submitted, but the general idea of that initiative is still in play because its sponsors have instead set their sights on circulating a version that filed later on that has, or will have, a later circulation deadline.

See also: California signature requirements

The signature deadlines for the approved-for-circulation initiatives below (see right-most column) are based on when the Attorney General of California provided a ballot title and summary for the proposal. In order to qualify for the November 6, 2012 ballot, initiative sponsors would have had to file their signatures by March 2, 2012 (if a full check of all signatures was required) or by April 20, 2012 (if so many signatures were filed that the random sampling system can be used).

See, however, Is April 20 the real signature deadline in California? Based on the fact that five major proposed initiatives filed their signatures between May 1 and May 15, 2012, it seems likely that initiative sponsors actually had about three weeks to submit their signatures past the deadline that had earlier been announced by the California Secretary of State.[12][13][14][15] (Sponsors of a sixth initiative filed their signatures on May 18[16]).

Note: The initiatives listed below did not file signatures in time to qualify for the November 6, 2012 ballot. If they file within their alloted 150-day deadline, however, they can still qualify for the state's 2014 ballot.

Type Title Description 150-day deadline
CICA #12-0003 "Corporations Are Not People" August 13, 2012
CISS #12-0004 "Stop the $100 Billion Bullet Train to Nowhere" August 13, 2012
CICA #12-0007 "Government Spending Limit" Initiative August 13, 2012
CISS #12-0005 Medical Marijuana Patient Access and Associations August 16, 2012
CICA #12-0002 Property Tax Exemption for Disabled Vets August 20, 2012
CICA #12-0006 "Public Postsecondary Student Tuition and Fees" September 6, 2012

Withdrawn/missed deadline

See also: Proposed ballot measures that were not on a ballot

Initiatives

Note that initiative sponsors sometimes file multiple versions of what is essentially the same ballot initiative with the Attorney General of California. Each version is given its own summary date and circulation date. This means that while the circulation deadline may come and go on one version of the initiative without signatures being filed, the initiative itself may still be alive, if its sponsors are pinning their hopes on a later version of the initiative with a deadline farther in the future.

Type Identifying # Description
CISS #10-0004 Public fund investments prohibited in businesses that do business with Israel
CICA #10-0018 Parental notification required prior to minor's abortion
CICA #10-0019 No divorces
CISS #10-0020 Public fund investments prohibited in businesses that do business with Israel
CISS #10-0021 Require mortgage lenders to reduce mortgage balances to current fair market value of property
CICA #10-0022 Speech based on "biblical authority" granted absolute first amendment speech protections
CISS #10-0023 Requires law enforcement personnel to investigate immigration status of possible illegal immigrants
CISS #10-0024 Electoral college votes determined by presidential vote in congressional districts
CISS #11-0001 "Election Day Holiday Act"
CISS #11-0003 "Article V Convention"
CICA #11-0005 "Save Our Secret Ballot in California Act"
CICA #11-0006 "California Deficit Prevention Act"
CICA #11-0007 "Public Employee Pension Reform Act"
CISS #11-0008 "The Nuclear Waste Act of 2011"
CICA #11-0009 "Best Practices Budget Accountability Act"
#11-0010 Qualified for the ballot
CISS #11-0011 "Regulate Marijuana Like Wine Act"
CISS #11-0012 No CalWORKS Benefits for Children of Undocumented Immigrants
#11-0013 Qualified for the ballot
CICA #11-0014 "Foreclosure Modification Amendment"
CICA #11-0015 Parental Notification Before Minor's Abortion
CICA #11-0016 Parental Notification Before Minor's Abortion
CICA #11-0018 Public Pension and Retirement Systems Required to Invest in California Businesses
VR #11-0019 The "Amazon Sales Tax" Referendum
CICA #11-0020 "End Public Sector Bargaining Act"
CICA #11-0021 "Tax Public Pensions Above $100,000 Per Year Act"
CICA #11-0022 "Raise Public Pension Retirement Ages Act"
VR #11-0023 Non-Discrimination Requirements for School Material, Repeal of SB 48
VR #11-0024 $150 Fire Prevention Fee
VR #11-0025 Redevelopment Agencies
CISS #11-0026 "Pension Solvency Act"
CISS #11-0027 Purchase of State and Local Materials
#11-0028 Qualified for the ballot
CISS #11-0029 No Special Benefits for Incumbents, Officials or Candidates Initiative
CISS #11-0030 Incumbents, Officials and Candidates Not Allowed to Favor Large Donors
CISS #11-0031 Politicians Made Personally Liable for Unscrupulous Behavior
CISS #11-0032 Cap on Retirement Benefits for Government Officials and Advisors
CISS #11-0033 Tax on Oil
#11-0035 Qualified for the ballot
VR #11-0036 Referendum on the U.S. Congress Redistricting Plan
CICA #11-0037 Parental Notification Before Minor's Abortion
CICA #11-0038 Parental Notification Before Minor's Abortion
CISS #11-0039 Regulate Marijuana Like Wine
CISS #11-0040 Reduced Marijuana Penalties
CICA #11-0041 Define human personhood as beginning at moment of conception
CISS #11-0042 Rules governing disposal of nuclear waste
CICA/SS #11-0043 Eliminate Environmental Protection Laws and Agencies
CISS #11-0044 Tax on oil to fund education
CISS #11-0045 Tax on prescriptions of controlled substances
CISS #11-0046 "Repeal Cannabis Prohibition Act"
VR #11-0047 Referendum on SB 202
CICA #11-0048 Parental Notification Before Minor's Abortion
CICA #11-0049 Parental Notification Before Minor's Abortion
VR #11-0050 Referendum on AB 131, the Non-Resident Tuition Act
CICA #11-0051 Tax on California Oil and Gas
CISS #11-0052 "Repeal the Dills Act"
CISS #11-0053 Initiative to Require State Law Enforcement Officers to Enforce Federal Immigration Laws
CICA #11-0054 Regulation of Corporations
VR #11-0055 Referendum on AB 1236, the Prohibition on Use of E-Verify Act
CISS #11-0056 Concealed Carry for Firearms
#11-0057 Qualified for the ballot
CICA #11-0058 Right of Same-Sex Couples to Marry
#11-0059 Qualified for the ballot
CISS #11-0060 Variety of Rules and Regulations on Health Insurers
CICA #11-0061 Guarantee of Sales Tax Allocations to Local Governments
CISS #11-0062 Online K-12 Education, College Preparatory Courses
CICA #11-0063, 64 Pension Reform
CISS #11-0065 State Police Required to Enforce Federal Immigration Laws
CICA #11-0066 No Benefits for Part-Time Local Officials
CICA #11-0067 Very Significant Expansion in Size of State Legislature
#11-0068 Qualified for the ballot
CICA #11-0069 State Legislature Must Be 50% Female
CISS #11-0070 Approval of Healthcare Insurance Rate Changes
#11-0072 Signatures submitted, but too late for the 2012 ballot
CISS #11-0073 Marijuana Legalization
CISS #11-0074 Repeal Non-Discrimination Requirements for School Instruction
CISS #11-0075 Permit Parents to Excuse Children from Instruction in Social Sciences and Family Life
CICA #11-0076, 77 Parental Notification Before Minor's Abortion
CICA #11-0078 Pollution Producers To Pay for Pollution Mitigation
CICA #11-0079 Fees on Pollution Producers to Pay for Mitigation
#11-0080 Qualified for the ballot
CISS #11-0081 Charity Care Provided by Non-Profit Hospitals
CISS #11-0082 Limit on Prices Set by Private Hospitals
CISS #11-0083 Repeal of Non-Discrimination Requirements for School Instruction
CICA #11-0084 Elimination of California High Speed Rail Authority
CISS #11-0085 Repeals Non-Discrimination Requirements for School Instruction
CICA/SS #11-0086 Tuition & Fees at California Colleges Paid by Taxpayers, Not Students
CICA #11-0087 Tax Assessment Required of Most Commercial Property Every Three Years
CISS #11-0089 Payment of State Income Tax by Undocumented Workers
CICA #11-0090 Jerry Brown's (First) Tax Increase Proposal
CISS #11-0091 "Millionaire's Tax"
CICA #11-0092 Government Spending Limits
CISS #11-0093 "Children Learning Accurate Social Science"
CISS #11-0094 "Protection from Transnational Gangs" Initiative
CICA #11-0095 Part-Time Legislature/Two-Year Budget Cycle Initiative
CISS #11-0096 Tax on Oil; Revenues to Higher Education
CISS #11-0097 "Corporate Political Accountability" Initiative
CISS #11-0098 Regulation and Taxation of Medical Marijuana Industry
#11-0099 Qualified for the ballot
#11-0100 Qualified for the ballot
CICA #12-0001 Jerry Brown's (First) Tax Increase Proposal
#12-0009 Qualified for the ballot

Legislative referrals

This is a list of some proposals that members of the California State Legislature had introduced as potential statewide ballot propositions. However, none of these propositions ultimately qualified for the ballot.[9]

Type Title Subject Description
Advisory AB 78 Immigration Create a pathway to citizenship for undocumented immigrants
LRCA SCA 5 Elections Reduce threshold required to pass parcel taxes from 2/3rds to 55%
LRCA ACA 6 I&R Ballot initiatives to spend money must identify where money would come from
LRCA SCA 7 Admin of gov't Public bodies required to post agendas and disclose any actions taken in meetings

Local ballot measures

See also: Local ballot measure elections in 2012

See also

External links

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References

  1. The count of 13 does not include the Water Bond Measure. The state legislature voted to remove it from the ballot on June 5, 2012. The bill to remove it awaits the signature of Jerry Brown. It is considered to be a sure bet that he will sign the removal bill.
  2. Fox and Hounds Daily, "The Initiative That Has Most to Lose From Brown’s Leap", June 27, 2012
  3. Daily News, "Democrats try to change rules to help tax hike", June 26, 2012
  4. California Healthline, "Judge Delays State Efforts To Order Nov. Ballot Measures", July 2, 2012
  5. Sacramento Bee, "What's In a Number?", July 9, 2012
  6. Sacramento Bee, "California appeals court to review ballot change that put Jerry Brown's measure on top", July 11, 2012
  7. Sacramento Bee, "California officials: Too late to renumber ballot initiatives", August 1, 2012
  8. Prop Zero, "California Gives Up on Presidential Election Clout", July 29, 2011
  9. 9.0 9.1 Prop Zero, "Is November's a Historic Ballot?", July 9, 2012
  10. Los Angeles Times, "Little initiative for change", February 16, 2012
  11. Capitol Weekly, "Elections 2012: A ballot stew starts to boil again", December 1, 2011
  12. Sacramento Bee, "Jerry Brown says tax signatures in hand", May 3, 2012
  13. 89.3 KPCC, "Initiative to close tax exemption for out-of-state businesses to join November ballot", May 4, 2012
  14. FireDogLake Elections, "CA: Genetically Modified Food Labeling Initiative Likely to Make the Ballot", May 2, 2012
  15. Sacramento Bee, "Signatures for Molly Munger's tax plan submitted in Los Angeles", May 2, 2012
  16. Los Angeles Business Journal, "Signatures Submitted for Health Insurance Rate Initiative", May 18, 2012

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