California Authorize Local Land Use and Planning and Repeal Article 34 Initiative (2024)

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California Authorize Local Land Use and Planning and Repeal Article 34 Initiative
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Election date
November 5, 2024
Topic
Housing
Status
Not on the ballot
Type
Constitutional amendment
Origin
Citizens

The California Authorize Local Land Use and Planning and Repeal Article 34 Initiative was not on the ballot in California as an initiated constitutional amendment on November 5, 2024.

The ballot measure would have repealed Article 34 of the state constitution, which requires local voter approval via a ballot measure for federal and/or state government-funded housing projects classified as low rent. The initiative would have also authorized local laws related to land use, planning, and zoning to supersede state laws if they are enacted by the local electorate. It would have also established a process for resolving conflicts between state and local planning and zoning laws.[1]

Text of measure

Ballot title

The ballot title would have been as follows:[2]

Limit state's ability to set statewide land-use and housing policy. Initiative constitutional amendment.[3]

Petition summary

The summary provided for inclusion on signature petition sheets was as follows:[2]

Provides that local laws automatically override conflicting state land-use and zoning laws (including affordable housing laws), unless such state laws address specified statewide concerns. For state laws enacted after 2016 to prevail over local laws, they must include specific findings of statewide concern, which may require recent laws to be re-enacted or amended. Prohibits state from changing, granting, or denying funding to local governments based on their implementation of this measure. Repeals Article XXXIV of the California Constitution, which requires local voter approval for publicly funded low-rent housing projects.[3]

Fiscal impact

The fiscal impact statement was as follows:[2]

Fiscal effects of the measure depend on future decisions by the cities and counties and therefore are unknown.[3]

Full text

The full text is available here.

Path to the ballot

See also: Laws governing the initiative process in California

Process in California

In California, the number of signatures required for an initiated constitutional amendment is equal to 8 percent of the votes cast in the preceding gubernatorial election. Petitions are allowed to circulate for 180 days from the date the attorney general prepares the petition language. Signatures need to be certified at least 131 days before the general election. As the verification process can take multiple months, the secretary of state provides suggested deadlines for ballot initiatives.

The requirements to get initiated constitutional amendments certified for the 2024 ballot:

  • Signatures: 874,641 valid signatures were required.
  • Deadline: The deadline for signature verification was 131 days before the general election, which was around June 27, 2024. However, the process of verifying signatures can take multiple months and proponents are recommended to file signatures at least two months before the verification deadline.

Signatures are first filed with local election officials, who determine the total number of signatures submitted. If the total number is equal to at least 100 percent of the required signatures, then local election officials perform a random check of signatures submitted in their counties. If the random sample estimates that more than 110 percent of the required number of signatures are valid, the initiative is eligible for the ballot. If the random sample estimates that between 95 and 110 percent of the required number of signatures are valid, a full check of signatures is done to determine the total number of valid signatures. If less than 95 percent are estimated to be valid, the initiative does not make the ballot.

Initiative #23-0011

John Heath, Peggy Huang, Jovita Mendoza, Dennis Richards, Susan Candell, Anita Enander, and Kalimah Priforce filed the ballot initiative on July 13, 2023.[4]

On September 18, 2023, the secretary of state announced that the initiative had been cleared for circulation.[4]

The campaign did not submit a sufficient number of signatures by the deadline.

See also

External links

Footnotes