California Government 101: How to Amend the Constitution

SCA5 is legislation seeking to amend the California Constitution.  So here's how the process works.

California has two legislative houses:  State Assembly and State Senate.

According to Article 18, Section 1 of the California Constitution, the legislature can propose an amendment to the California Constitution.  That amendment must pass each house by a two-thirds vote.

"The Legislature by rollcall vote entered in the journal, two-thirds of the membership of each house concurring, may propose an amendment or revision of the Constitution and in the same manner may amend or withdraw its proposal. Each amendment shall be so prepared and submitted that it can be voted on separately."  (Cal. Const. Art. 18. Sec. 1)

If the amendment passes each house by the required vote, then, according to Article 18, Section 4, the amendment goes before the voters as a Proposition.  If the voters pass the amendment by a majority vote, then the amendment becomes law.

"A proposed amendment or revision shall be submitted to the electors and if approved by a majority of votes thereon takes effect the day after the election unless the measure provides otherwise. If provisions of 2 or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote shall prevail."  (Cal. Const. Art. 18. Sec.1)

On January 30, 2014, the State Senate passed SCA5 by a vote of 27 yeas, 9 nays; there were also 3 senators who did not vote.  All 27 yeas were Democrats.  All 9 nays were Republicans.  Of the 3 Senators who did not vote, one was a Democrat and two were Republicans.

As of February 27, 2014, the State Assembly has not yet voted on SCA5.