Voter Threshold Efforts Increase - Call to Action on ACA 13
Thursday, August 24, 2023
Posted by: CalChiefs
A constitutional amendment was recently amended by Assembly Member Christopher Ward Assembly Constitutional Amendment 13, related to ballot measures. There is a significant interplay between ACA 13 and Initiative 21-0042A1 (The Taxpayer Protection and Government Accountability Act). The successful passage of ACA 13 is expected to protect public agencies from the potentially disastrous effects of the initiative measure which has qualified for the November 2024 ballot. For that reason, we believe your agency would be particularly interested in supporting Assembly Member Ward’s ACA 13. ACA 13, if passed by two-thirds of the California Legislature, would propose to voters the following: - If an initiative constitutional amendment includes provisions that impose vote thresholds greater than a simple majority of votes cast, then that initiative constitutional amendment must receive a percentage of votes in support equal to those increased vote thresholds.
- i.e., if an initiative constitutional amendment includes a provision that would impose a supermajority (e.g., three-fifths, two-thirds, four-fifths, etc.) voter approval threshold, then that initiative would be required to gain the approval of the same super majority (three-fifths, two-thirds, four-fifths, etc.; whatever threshold the initiative proposes) of California voters in order to pass.
- if the initiative constitutional amendment includes provisions that impose a supermajority vote threshold and fails to gain the corresponding supermajority of voters in support of the underlying amendment, the initiative constitutional amendment would not be considered approved, thereby failing in its entirety.
As you may recall, The Taxpayer Protection and Government Accountability Act (Initiative 21-0042A1) imposes thresholds requiring the approval of two-thirds of voters in various places throughout the text of the measure. The successful passage of ACA 13 would mean that Initiative 21-0042A1 would also be required to garner the approval of two-thirds of voters for the initiative constitutional amendment to be considered approved; failure to garner the approval of two-thirds of voters in this scenario would mean that the entire measure and all its provisions would fail to become law. Here's where you and your agency come in… CFCA is encouraging fire protection agencies to consider supporting ACA 13 and to submit a letter of support to that effect. To make this process easy, we are sharing a sample letter provided by the California Special Districts Association (CSDA).
LINK TO SAMPLE LETTER Also, in play regarding voter thresholds is ACA 1. ACA 1, introduced by Assembly Member Cecilia Aguiar-Curry, would lower the voter threshold from a two-thirds majority to a 55% majority to approve local bonds and certain special taxes for housing and public infrastructure.
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