Your feedback ensures we stay focused on the facts that matter to you most—take our survey.

California Limits on Public Health Emergency Powers Initiative (2022)

From Ballotpedia
Jump to: navigation, search
California Limits on Public Health Emergency Powers Initiative
Flag of California.png
Election date
November 8, 2022
Topic
State executive official measures
Status
Not on the ballot
Type
State statute
Origin
Citizens

The California Limits on Public Health Emergency Powers Initiative (#20-0004) was not on the ballot in California as an initiated state statute on November 8, 2022.

The ballot measure would have provided that officials can issue public health advisories or public service announcements during public health emergencies but cannot use the state's police power or take actions that affect "the operation of private businesses or public facilities, including, but not limited to, beaches and parks" or actions that limit "the exercise of individual liberties."[1]

Text of measure

Ballot title

The ballot title was as follows:[2]

Limits State and Local Officials’ Authority to Respond to Public Health Emergencies. Initiative Statute.[3]

Petition summary

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

Prohibits state and local officials from issuing enforceable orders, regulations, or ordinances to address public health emergencies (resulting from epidemics, infectious disease outbreaks, and similar conditions), or otherwise taking any actions in response to health emergencies that directly affect the operation of private businesses or public facilities (including beaches and parks), or that limit the exercise of individual liberties. Continues to permit state and local officials to issue public health advisories or public service announcements during public health emergencies.[3]

Fiscal impact

The fiscal impact statement was as follows:[2]

Unknown, but potentially significant, fiscal effect due to the state and local governments being restricted in responding to public health emergencies.[3]

Full text

The full text of the ballot measure 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 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.

Stages of this initiative

On September 15, 2020, Steve Clark filed the ballot initiative.[4] Attorney General Xavier Becerra (D) released ballot language for the initiative on November 19, 2020.[5]

Proponents had until May 18, 2021, to collect 623,212 signatures. No signatures were filed.

See also

External links

Footnotes

  1. California Secretary of State, "Initiative 20-0004," September 15, 2020
  2. 2.0 2.1 2.2 California Secretary of State, "Initiatives and Referenda Cleared for Circulation," accessed November 23, 2020
  3. 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  4. Cite error: Invalid <ref> tag; no text was provided for refs named text
  5. California Attorney General, "Initiative and Referendum Qualification Status," accessed November 23, 2020