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California Child Custody Determination by Jury Initiative (2022)
| California Child Custody Determination by Jury Initiative | |
|---|---|
 | |
| Election date November 8, 2022 | |
| Topic Divorce and custody | |
| Status Not on the ballot | |
| Type State statute | Origin Citizens |
The California Child Custody Determination by Jury Initiative (#21-0019) was not on the ballot in California as an initiated state statute on November 8, 2022.
The ballot measure would have allowed people involved in child custody cases to demand a jury, rather than a judge, determine the custody of a child.[1][2]
Text of the measure
Ballot title
The ballot title would have been as follows:[3]
| “ |
Allows a Party to Choose to Have a Jury Trial in Child-custody and Dependent-child Cases. Initiative Statute.[4] |
” |
Petition summary
The summary provided for inclusion on signature petition sheets was as follows:[3]
| “ |
Allows a party in child custody cases to choose that a jury, rather than a judge, determines who receives legal custody of the child. Prohibits the judge from rejecting a jury’s decision in child-custody cases. Allows a party in dependent-child proceedings to choose that a jury, rather than a judge, determines whether a child should be declared a dependent of the court.[4] |
” |
Fiscal impact
The fiscal impact statement would have been as follows:[3]
| “ |
Unknown ongoing net fiscal impact on state courts that would depend significantly on (1) how the measure is interpreted and implemented by the courts and (2) how individuals respond to the ability to demand a jury trial in child custody and juvenile dependency jurisdictional hearings. Potential ongoing increase in county costs that could reach the low millions of dollars annually related to juvenile dependency jurisdictional cases – some or all of which could be shifted to the state.[4] |
” |
Full text
The full text is available for Initiative #21-0019.
Path to the ballot
Process in California
In California, the number of signatures required for an initiated state statute is equal to 5 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 state statutes certified for the 2022 ballot:
- Signatures: 623,212 valid signatures were required.
- Deadline: The deadline for signature verification was 131 days before the general election, which was around June 30, 2022. 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 #21-0001
Proponents filed the ballot initiative on January 26, 2021.[1] The Attorney General of California issued ballot language for the initiative on April 1, 2021, allowing a signature drive to begin and setting the initiative-specific signature submission deadline as September 28, 2021. No signatures were filed by the deadline.
Initiative #21-0019
Proponents filed the ballot initiative on September 8, 2021.[2] The Attorney General of California issued ballot language for the initiative on November 12, 2021, allowing a signature drive to begin. Signatures were due on May 11, 2022.
On May 26, 2022, the secretary of state reported that the initiative did not make the 2022 ballot.[5]
See also
External links
Footnotes
- ↑ 1.0 1.1 California Attorney General, "Initiative 21-0001," January 26, 2021
- ↑ 2.0 2.1 California Attorney General, "Initiative 21-0019," September 8, 2021
- ↑ 3.0 3.1 3.2 California Secretary of State, "Initiatives and Referenda Cleared for Circulation," accessed October 20, 2021
- ↑ 4.0 4.1 4.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Cite error: Invalid
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