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California Referendum on SB 714: Vaccination Medical Exemptions Review (2020)

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California Referendum on SB 714: Vaccination Medical Exemptions Review
Flag of California.png
Election date
November 3, 2020
Topic
Healthcare
Status
Not on the ballot
Type
Referendum
Origin
Citizens


The California Referendum on SB 714: Vaccination Medical Exemptions Review (#19-0015) was not on the ballot in California as a veto referendum on November 3, 2020.

The ballot measure would have asked voters whether to uphold or repeal Senate Bill 714 (SB 714), which Gov. Gavin Newsom (D) signed into law on September 9, 2019. SB 714 was written to amend Senate Bill 276, which the governor also signed on September 9. SB 714 was designed to:[1]

  • establish the information that must appear on vaccination medical exemption forms;
  • create a system to monitor immunization levels in schools and institutions and monitor patterns of high exemption form submissions by physicians;
  • create a process for the California Department of Public Health to review medical exemption forms for school attendance and allow a trained immunization department staff member (who must be a physician, surgeon, or registered nurse) to revoke medical exemptions that do not meet CDC, ACIP, or AAP criteria;
  • allow students with medical exemption issued before January 1, 2020, to have their exemption status remain unchanged until the next grade span, defined as (a) birth—preschool; (b)grades K—6; and (c) grades 7—12.
  • provide that within 30 days of a medical exemption being revoked, the student shall begin the immunization schedule or the student's parent or guardian shall appeal the revocation to the Secretary of Health and Human Services;
  • in cases of appeal, have the Secretary of Health and Human Services establish a three-member panel of licensed physicians and surgeons with relevant knowledge, training, and experience to decide whether the medical exemption should be maintained or revoked; and
  • prohibit medical exemptions by physicians who the department of public health determines are contributing to a public health risk or that there are pending accusations against related to immunization standards until the issues are resolved;

Proponents of the referendum on Senate Bill 714 also filed a referendum on Senate Bill 276, which Senate Bill 714 was written to amend. That referendum also failed to appear on the ballot.

Text of measure

Ballot title

The official ballot title was as follows:[2]

Referendum Challenging 2019 Law Increasing State Oversight Of Medical Exemptions To School Vaccination Requirements.[3]

Petition summary

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

If this petition is signed by the required number of registered voters and timely filed, a referendum will be placed on the next statewide ballot requiring a majority of voters to approve a 2019 state law before it can take effect. The 2019 law amends related statute increasing state oversight of medical exemptions from school vaccination requirements, as follows: (1) exemptions obtained before 2020 remain effective until child starts next grade span (i.e., kindergarten; 7th grade); (2) doctors need not certify exemptions under penalty of perjury.[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 a veto referendum is equal to 5 percent of the votes cast in the preceding gubernatorial election. Petitions are allowed to circulate for 90 days from the date the targeted bill was signed. Signatures for referendums need to be certified at least 31 days before the general election. As the verification process can take multiple months, the secretary of state recommends submitting signatures before the certification deadline.

The requirements to get veto referendums certified for the 2020 ballot:

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 referendum 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 referendum does not make the ballot.

Stages of this initiative

On September 11, 2019, three individuals—Tara Thornton, Denise Aguilar, and Heidi Munoz Aguilar—filed the veto referendum.[4] Secretary of State Alex Padilla (D) released ballot language for the veto referendum on September 23, 2019, which allowed proponents to begin collecting signatures. Signatures for the veto referendum were due on December 19, 2019. On December 9, 2019, proponents of the referendum announced that signatures would not be filed.[5]

See also

External links

Footnotes