Section § 1

Explanation

This section states that all political power comes from the people. The government exists to protect, secure, and benefit them. If necessary for the public good, people have the right to change or improve the government.

All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require.

Section § 2

Explanation

This law states that any U.S. citizen who is 18 or older and lives in California is allowed to vote. However, if a person is serving time in state or federal prison, they cannot vote during their sentence. Once they have finished their prison term, their voting rights will be restored.

(a)CA California Constitution Code § 2(a) A United States citizen 18 years of age and resident in this State may vote.
(b)CA California Constitution Code § 2(b) An elector disqualified from voting while serving a state or federal prison term, as described in Section 4, shall have their right to vote restored upon the completion of their prison term.

Section § 2.5

Explanation
If you vote following California's rules, your vote must be counted.
A voter who casts a vote in an election in accordance with the laws of this State shall have that vote counted.

Section § 3

Explanation

The state legislature is responsible for defining what it means to be a resident, setting up a system for voter registration, and ensuring that elections are conducted fairly and without charge.

The Legislature shall define residence and provide for registration and free elections.

Section § 4

Explanation

This law section requires the California Legislature to stop unethical practices that might interfere with fair elections. It also states that people can't vote if they are mentally incompetent or currently in prison for a felony conviction.

The Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or serving a state or federal prison term for the conviction of a felony.

Section § 5

Explanation

This section explains how primary elections work for congressional and state offices in California. Anyone who can vote in these elections can choose any candidate, no matter their political party. The top two candidates with the most votes, regardless of party, move on to the general election. Candidates can show their party preference on the ballot if they want, but political parties can't officially nominate candidates for these primaries.

The rules for presidential primaries are different. The state arranges these as partisan elections, allowing recognized candidates and those who petition to be on the ballot. Political parties in these elections can participate in the general election and place their top-voted candidate from the primary on the general election ballot.

(a)CA California Constitution Code § 5(a) A voter-nomination primary election shall be conducted to select the candidates for congressional and state elective offices in California. All voters may vote at a voter-nominated primary election for any candidate for congressional and state elective office without regard to the political party preference disclosed by the candidate or the voter, provided that the voter is otherwise qualified to vote for candidates for the office in question. The candidates who are the top two vote-getters at a voter-nominated primary election for a congressional or state elective office shall, regardless of party preference, compete in the ensuing general election.
(b)CA California Constitution Code § 5(b) Except as otherwise provided by Section 6, a candidate for a congressional or state elective office may have his or her political party preference, or lack of political party preference, indicated upon the ballot for the office in the manner provided by statute. A political party or party central committee shall not nominate a candidate for any congressional or state elective office at the voter-nominated primary. This subdivision shall not be interpreted to prohibit a political party or party central committee from endorsing, supporting, or opposing any candidate for a congressional or state elective office. A political party or party central committee shall not have the right to have its preferred candidate participate in the general election for a voter-nominated office other than a candidate who is one of the two highest vote-getters at the primary election, as provided in subdivision (a).
(c)CA California Constitution Code § 5(c) The Legislature shall provide for partisan elections for presidential candidates, and political party and party central committees, including an open presidential primary whereby the candidates on the ballot are those found by the Secretary of State to be recognized candidates throughout the nation or throughout California for the office of President of the United States, and those whose names are placed on the ballot by petition, but excluding any candidate who has withdrawn by filing an affidavit of noncandidacy.
(d)CA California Constitution Code § 5(d) A political party that participated in a primary election for a partisan office pursuant to subdivision (c) has the right to participate in the general election for that office and shall not be denied the ability to place on the general election ballot the candidate who received, at the primary election, the highest vote among that party’s candidates.

Section § 6

Explanation

This section mandates that certain public offices in California, like judicial, school, county, and city offices, as well as the Superintendent of Public Instruction, must remain nonpartisan. This means candidates for these offices can't be officially nominated by a political party, and their political party preference will not appear on the election ballot.

(a)CA California Constitution Code § 6(a) All judicial, school, county, and city offices, including the Superintendent of Public Instruction, shall be nonpartisan.
(b)CA California Constitution Code § 6(b) A political party or party central committee shall not nominate a candidate for nonpartisan office, and the candidate’s party preference shall not be included on the ballot for the nonpartisan office.

Section § 7

Explanation

This law states that votes must be cast in a way that keeps how a person voted private and confidential.

Voting shall be secret.

Section § 8

Explanation

This law section describes the process and rules for creating and voting on initiative measures in California. It allows citizens to propose new laws or constitutional amendments by gathering signatures from voters amounting to 5% for laws and 8% for constitutional amendments, based on the last governor's election turnout. Once the initiative has enough signatures, it's placed on the ballot for a public vote at the next election. However, initiatives must focus on a single subject, apply uniformly across the state, and cannot have conditional outcomes based on voting results.

(a)CA California Constitution Code § 8(a) The initiative is the power of the electors to propose statutes and amendments to the Constitution and to adopt or reject them.
(b)CA California Constitution Code § 8(b) An initiative measure may be proposed by presenting to the Secretary of State a petition that sets forth the text of the proposed statute or amendment to the Constitution and is certified to have been signed by electors equal in number to 5 percent in the case of a statute, and 8 percent in the case of an amendment to the Constitution, of the votes for all candidates for Governor at the last gubernatorial election.
(c)CA California Constitution Code § 8(c) The Secretary of State shall then submit the measure at the next general election held at least 131 days after it qualifies or at any special statewide election held prior to that general election. The Governor may call a special statewide election for the measure.
(d)CA California Constitution Code § 8(d) An initiative measure embracing more than one subject may not be submitted to the electors or have any effect.
(e)CA California Constitution Code § 8(e) An initiative measure may not include or exclude any political subdivision of the State from the application or effect of its provisions based upon approval or disapproval of the initiative measure, or based upon the casting of a specified percentage of votes in favor of the measure, by the electors of that political subdivision.
(f)CA California Constitution Code § 8(f) An initiative measure may not contain alternative or cumulative provisions wherein one or more of those provisions would become law depending upon the casting of a specified percentage of votes for or against the measure.

Section § 9

Explanation

This section explains how California voters can use a referendum to approve or reject certain state laws, except for urgent ones or those related to elections, taxes, and typical state expenses. To propose a referendum, a petition must be signed by at least 5 percent of voters from the last governor's election, and submitted to the Secretary of State within 90 days of the law's enactment.

There's a special rule for laws enacted near a legislative session's recess: these petitions must reach the Attorney General before January 1 following the law's passage. Once qualified, the referendum is placed on the ballot at the next general or special statewide election.

(a)CA California Constitution Code § 9(a) The referendum is the power of the electors to approve or reject statutes or parts of statutes except urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations for usual current expenses of the State.
(b)CA California Constitution Code § 9(b) A referendum measure may be proposed by presenting to the Secretary of State, within 90 days after the enactment date of the statute, a petition certified to have been signed by electors equal in number to 5 percent of the votes for all candidates for Governor at the last gubernatorial election, asking that the statute or part of it be submitted to the electors. In the case of a statute enacted by a bill passed by the Legislature on or before the date the Legislature adjourns for a joint recess to reconvene in the second calendar year of the biennium of the legislative session, and in the possession of the Governor after that date, the petition may not be presented on or after January 1 next following the enactment date unless a copy of the petition is submitted to the Attorney General pursuant to subdivision (d) of Section 10 of Article II before January 1.
(c)CA California Constitution Code § 9(c) The Secretary of State shall then submit the measure at the next general election held at least 31 days after it qualifies or at a special statewide election held prior to that general election. The Governor may call a special statewide election for the measure.

Section § 10

Explanation

This section explains how initiative statutes and referendums work in California. An initiative or referendum that's approved by voter majority becomes effective five days after the Secretary of State finalizes the vote count, although it may become operative later if specified. If two measures conflict, the one with more votes prevails. The Legislature can change or repeal referendums, and can do the same with initiatives, but only with voter approval unless stated otherwise. Before signatures can be collected for such petitions, they must be submitted to the Attorney General for a title and summary. Additionally, the Legislature is responsible for outlining the petition process and how measures are voted on.

(a)CA California Constitution Code § 10(a) An initiative statute or referendum approved by a majority of votes cast thereon takes effect on the fifth day after the Secretary of State files the statement of the vote for the election at which the measure is voted on, but the measure may provide that it becomes operative after its effective date. If a referendum petition is filed against a part of a statute, the remainder of the statute shall not be delayed from going into effect.
(b)CA California Constitution Code § 10(b) If provisions of two or more measures approved at the same election conflict, the provisions of the measure receiving the highest number of affirmative votes shall prevail.
(c)CA California Constitution Code § 10(c) The Legislature may amend or repeal a referendum statute. The Legislature may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without the electors’ approval.
(d)CA California Constitution Code § 10(d) Before circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the Attorney General who shall prepare a title and summary of the measure as provided by law.
(e)CA California Constitution Code § 10(e) The Legislature shall provide for the manner in which a petition shall be circulated, presented, and certified, and the manner in which a measure shall be submitted to the electors.

Section § 11

Explanation

This section of the California Constitution outlines the rules for initiative and referendum powers used by city or county voters. It establishes that these powers must follow procedures set up by the state legislature. However, for cities that have their own charters, other provisions may apply.

The law restricts initiatives in two key ways. First, it ensures that no part of a city or county can be selectively included or excluded from an initiative based on how votes are cast or the percentage of approval in that area. Second, it prohibits initiatives from having alternative rules that kick in depending on how many votes they receive, preventing provisions from becoming law based on vote percentages.

(a)CA California Constitution Code § 11(a) Initiative and referendum powers may be exercised by the electors of each city or county under procedures that the Legislature shall provide. Except as provided in subdivisions (b) and (c), this section does not affect a city having a charter.
(b)CA California Constitution Code § 11(b) A city or county initiative measure may not include or exclude any part of the city or county from the application or effect of its provisions based upon approval or disapproval of the initiative measure, or based upon the casting of a specified percentage of votes in favor of the measure, by the electors of the city or county or any part thereof.
(c)CA California Constitution Code § 11(c) A city or county initiative measure may not contain alternative or cumulative provisions wherein one or more of those provisions would become law depending upon the casting of a specified percentage of votes for or against the measure.

Section § 12

Explanation

This law says that any changes to the Constitution or new laws that the government wants voters to approve cannot name a specific person for a job or a private company to do a task or have a special role. This is to ensure fairness and prevent favoritism in legal and constitutional amendments.

No amendment to the Constitution, and no statute proposed to the electors by the Legislature or by initiative, that names any individual to hold any office, or names or identifies any private corporation to perform any function or to have any power or duty, may be submitted to the electors or have any effect.

Section § 13

Explanation

This law section explains that voters have the power to remove someone from an elected position through a process called recall.

Recall is the power of the electors to remove an elective officer.

Section § 14

Explanation

This section explains how to initiate the recall of a state officer in California. To start, you need to hand a petition to the Secretary of State that says why the recall is sought, though the reason itself doesn't get evaluated. You have 160 days to gather and file the required signatures. For statewide officers, the petition needs signatures from 12% of voters who last voted for that office, including signatures from at least 5 counties at 1% each. For lower offices like Senators or judges, you need signatures from 20% of voters from the last election. The Secretary of State keeps an ongoing tally of certified signatures.

(a)CA California Constitution Code § 14(a) Recall of a state officer is initiated by delivering to the Secretary of State a petition alleging reason for recall. Sufficiency of reason is not reviewable. Proponents have 160 days to file signed petitions.
(b)CA California Constitution Code § 14(b) A petition to recall a statewide officer must be signed by electors equal in number to 12 percent of the last vote for the office, with signatures from each of 5 counties equal in number to 1 percent of the last vote for the office in the county. Signatures to recall Senators, members of the Assembly, members of the Board of Equalization, and judges of courts of appeal and trial courts must equal in number 20 percent of the last vote for the office.
(c)CA California Constitution Code § 14(c) The Secretary of State shall maintain a continuous count of the signatures certified to that office.

Section § 15

Explanation

This section talks about the process for recalling an elected official in California. Once enough signatures are collected, an election is set by the Governor to decide if the official should be removed and a new one elected. This election must happen between 60 to 80 days after the signatures are certified. However, it can be extended up to 180 days to align with another scheduled election, as long as enough voters are eligible. If most people vote for the recall, the official loses their position, and the candidate with the most votes becomes the new official. The recalled official can't run to get their position back.

(a)CA California Constitution Code § 15(a) An election to determine whether to recall an officer and, if appropriate, to elect a successor shall be called by the Governor and held not less than 60 days nor more than 80 days from the date of certification of sufficient signatures.
(b)CA California Constitution Code § 15(b) A recall election may be conducted within 180 days from the date of certification of sufficient signatures in order that the election may be consolidated with the next regularly scheduled election occurring wholly or partially within the same jurisdiction in which the recall election is held, if the number of voters eligible to vote at that next regularly scheduled election equal at least 50 percent of all the voters eligible to vote at the recall election.
(c)CA California Constitution Code § 15(c) If the majority vote on the question is to recall, the officer is removed and, if there is a candidate, the candidate who receives a plurality is the successor. The officer may not be a candidate, nor shall there be any candidacy for an office filled pursuant to subdivision (d) of Section 16 of Article VI.

Section § 16

Explanation

This section mandates that the California Legislature is responsible for setting up the processes for handling petitions, nominating candidates, and conducting recall elections.

The Legislature shall provide for circulation, filing, and certification of petitions, nomination of candidates, and the recall election.

Section § 17

Explanation

If there's a recall for the Governor, the Lieutenant Governor takes over the recall responsibilities. If it's the Secretary of State being recalled, the Controller steps in for those duties.

If recall of the Governor or Secretary of State is initiated, the recall duties of that office shall be performed by the Lieutenant Governor or Controller, respectively.

Section § 18

Explanation

If a state officer is not removed from their position after a recall election, the state will cover the costs that the officer personally and legally incurred during the recall election. Additionally, no new recall attempt can be made against this officer for six months following the election.

A state officer who is not recalled shall be reimbursed by the State for the officer’s recall election expenses legally and personally incurred. Another recall may not be initiated against the officer until six months after the election.

Section § 19

Explanation

This section requires the state legislature to create a way for local officials to be removed from office through a recall process. However, this doesn't apply to counties and cities that already have their own rules for recalling officials in their charters.

The Legislature shall provide for recall of local officers. This section does not affect counties and cities whose charters provide for recall.

Section § 20

Explanation

This section explains when elected officials, aside from Members of the Legislature, begin their terms. These terms start on the Monday after January 1, following their election, which occurs in the last even-numbered year before the term ends.

Terms of elective offices provided for by this Constitution, other than Members of the Legislature, commence on the Monday after January 1 following election. The election shall be held in the last even-numbered year before the term expires.