Initiatives and Referenda Cleared for Circulation

The Attorney General prepares a circulating title and summary of the chief purpose and points of a proposed initiative measure. Proposed initiative measures are cleared for circulation on the day the circulating title and summary is sent to the initiative proponent(s). No petition may be circulated for signatures before it has been cleared to do so by the Attorney General.

Please note: Counties have 8 working days after a proposed initiative measure's circulation deadline (Elections Code section 9030 (b)) to notify the Secretary of State's Office if any petition signatures were received. If no signatures are submitted, a proposed initiative measure will fail on the 9th working day after its circulation deadline.

 

1861. (18-0011)
Allows For Jury Trials in Child-Custody and Dependent-Child Determinations. Initiative Statute.
Summary Date: 01/09/19 | Circulation Deadline: 07/08/19 | Signatures Required: 623,212
Proponents: Erin O’Doherty, Charles H. Eldredge, Manu Martinez, Wylmina Hettinga

Gives parties in child-custody matters the right to demand that a jury, rather than a judge, determine who receives legal custody of the child. Prohibits the judge from rejecting a jury’s joint-child-custody decision. Provides that findings in dependent-child proceedings, in which a juvenile may be declared a dependent of the court, can be made by a judge or jury. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown ongoing net fiscal impact on state courts that would depend significantly on (1) how the measure is interpreted and implemented by the courts and (2) how individuals respond to the ability to demand a jury trial in child custody and juvenile dependency jurisdictional hearings. Potential ongoing increase in county costs that could reach the low millions of dollars annually related to juvenile dependency jurisdictional cases—some or all of which could be shifted to the state. (18-0011.)

 

 

*Elections Code section 9034 requires that once proponent(s) of a proposed initiative measure have gathered 25% of the number of signatures required (currently 91,740 for an initiative statute and 146,352 for a constitutional amendment) proponent(s) must immediately certify that they have done so under penalty of perjury to the Secretary of State.

Upon receipt of the certification, the Secretary of State must provide copies of the proposed initiative measure and the circulating title and summary to the Senate and the Assembly. Each house is required to assign the proposed initiative measure to its appropriate committees and hold joint public hearings, at least 131 days before the date of the election at which the measure is to be voted on. However, the Legislature cannot amend the proposed initiative measure or prevent it from appearing on the ballot.