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California Independence Referendum in 2021 Initiative (2020)

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California Independence Referendum in 2021 Initiative
Flag of California.png
Election date
November 3, 2020
Topic
Statehood
Status
Not on the ballot
Type
State statute
Origin
Citizens


The California Independence Referendum in 2021 Initiative (#18-0001) was not on the ballot in California as an initiated state statute on November 3, 2020.

The measure would have placed a referendum on the ballot for an election on May 4, 2021, which would have asked: "Do you want California to be an independent country in the form of a republic?"[1]

Should a majority of votes cast be in favor of independence, the initiative would have instructed the California State Legislature to issue a California declaration of independence from the United States.[1]

Text of measure

Ballot title

The official ballot title was as follows:[2]

Requires a Vote in 2021 on Whether California Should Become an Independent Country. Initiative Statute.[3]

Petition summary

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

Requires a special election in May 2021 to ask voters whether California should become an independent country, in the form of a republic. If approved by a majority of voters, requires the Legislature to declare California’s independence from the United States. Requires California to invite and encourage international election monitors to observe and monitor the measure, including the voting process, collection of ballots, and certification of results.[3]

Fiscal impact

The fiscal impact statement was as follows:[2]

Potential one-time state and local costs in the tens of millions of dollars to hold a statewide special election.[3]

Full text

The full text is available here.

Secession

There is no mechanism in the United States Constitution for a state to secede from the United States of America.[4] In Texas v. White of 1869, the United States Supreme Court ruled that the union between Texas and the rest of the United States was "as complete, as perpetual, and as indissoluble as the union between the original States." Secession, according to the court, was not possible "except through revolution or through consent of the States."[5] Supreme Court Justice Antonin Scalia summarized the issue, saying, "If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede."[6]

For California to secede from the United States, the U.S. Constitution would need to be amended. Amending the United States Constitution would require a two-thirds vote of each chamber of the United States Congress and ratification by 38 states. An alternative would be to call a convention of states, have two-thirds of the delegates at the convention back California's secession, and then have 38 state legislatures approve the amendment.[6]

Path to the ballot

See also: Laws governing the initiative process in California

In California, the number of signatures needed to qualify a measure for the ballot is based on the total number of votes cast for the office of governor. For an initiated state statute, petitioners must collect signatures equal to five percent of the most recent gubernatorial vote. To get a measure on the 2020 ballot, the number of signatures required will be tied to voter turnout in 2018. In California, initiatives can be circulated for 180 days. Signatures needed to be certified at least 131 days before the 2020 general election, which was around June 25, 2020. As the signature verification process can take several weeks, the California secretary of state issues suggested deadlines for several months before the certification deadline.

The following was the timeline for the initiative:[7]

  • Marcus Evans and Louis J. Marinelli submitted a letter requesting a title and summary on February 14, 2018.
  • A title and summary was issued by the California attorney general's office on April 20, 2018.
  • Proponents of the initiative needed to submit 365,880 valid signatures by October 17, 2018, in order for it to make the ballot. Signatures were not filed.

See also

External links

Footnotes