California State of Emergency Remote Legislature Amendment (2020)

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California State of Emergency Remote Legislature Amendment
Flag of California.png
Election date
November 3, 2020
Topic
State legislatures measures
Status
Not on the ballot
Type
Constitutional amendment
Origin
State legislature


The California State of Emergency Remote Legislature Amendment was not on the ballot in California as a legislatively referred constitutional amendment on November 3, 2020.

The ballot measure would have allowed the California State Legislature to hold remote legislative proceedings and votes during a state of emergency, as declared by the governor or president, that prevents legislators from safely attending in person. The ballot measure would have also allowed proxy voting if authorized by a legislative chamber.[1]

Text of measure

Constitutional changes

See also: Article IV, California Constitution

The measure would have added a Section 25 to Article IV of the California Constitution.[2]

Path to the ballot

See also: Amending the California Constitution

In California, a two-thirds vote is needed in each chamber of the California State Legislature to refer a constitutional amendment to the ballot for voter consideration.

The constitutional amendment was introduced into the California State Legislature as Assembly Constitutional Amendment 25 (ACA 25) on May 21, 2020. The California State Assembly voted 60 to 13 to pass ACA 25 on June 10, 2020. As one seat was vacant in the Assembly, 53 votes were needed to pass ACA 25. The California State Senate did not vote on ACA 25 before the deadline on June 25, 2020, or the extended deadline of July 1, 2020.[2]

Vote in the California State Assembly
June 10, 2020
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 53  Approveda
YesNoNot voting
Total60136
Total percent75.95%16.46%7.59%
Democrat5533
Republican5102
Independent001

Senate Bill 300

Based on California Elections Code 9040 (CEC 9040), the deadline for the California State Legislature to place legislative referrals, including constitutional amendments, on the ballot for the general election on November 3, 2020, was June 25, 2020. Since CEC 9040 is a statute, the state Legislature can waive or adjust the referral deadline with a bill.[3]

With Senate Bill 300 (SB 300), the state Legislature is seeking to allow more time to place three constitutional amendments—ACA 4, ACA 11, and ACA 25—on the ballot for November 3. SB 300 would give the state Legislature until July 1, 2020, to pass the constitutional amendments.[4]

On June 26, the Assembly voted 47 to 16 to pass SB 300. On June 29, the Senate voted 29 to 8 to pass SB 300.[4]

Gov. Gavin Newsom (D) signed SB 300 into law on June 30, 2020.[5]

See also

External links

Footnotes