Article II, Section 9, of the California Constitution provides for the referendum process in California. Electors have the power to approve or reject statutes or parts of statutes, with the exception of urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations for usual, current state expenses.

Referenda can qualify for a statewide ballot up to 31 days before an election (unlike initiatives, which must qualify 131 days before).

Since July 2011, referendum measures only appear on general election ballots.

Note: For the purposes of this page, references to a “statute” have the same meaning as references to a “law”.

Preparation and Circulation of Petition
A proponent has only 90 days from the date of the enactment of a bill* to request and receive a circulating title and summary from the Attorney General, print petitions, gather the required number of valid signatures, and file the petitions with county elections officials. (Elec. Code, §§ 9006, 9014(c).) It should be noted that the Attorney General has 10 days to prepare the circulating title and summary. (Elec. Code, § 9006(b).)

The petitions must be signed by registered voters in an amount equal to at least 5% of the votes cast for all candidates for Governor at the last gubernatorial election, which was held on November 8, 2022. The total number of valid signatures required to qualify a referendum for the ballot is 546,651. (Cal. Const., art. II, § 9(b).)

*In the case of a redistricting map, the proponent has 90 days from the date a final map is certified to the Secretary of State (SOS).

Withdrawal of Petition Signatures
Any voter who has signed a referendum petition may have their signature withdrawn from the petition upon filing a written request for the withdrawal with the appropriate elections official prior to the date the petition is filed. This written request must include the name or title of the petition and the voter’s name, residence address, and signature. (Elec. Code, §§ 103, 9602.)

Withdrawal of Referendum Measure
Proponent(s) of a referendum may withdraw their measure at any time prior to qualification for the ballot. (Elec. Code, §§ 9033, 9604.)

  • Proponent(s) may withdraw their referendum measure at any time before filing the petition with the appropriate elections official, effective upon receipt by the SOS of a written notice of withdrawal signed by all proponents of the measure. (Elec. Code, § 9604(a).)
  • Proponent(s) may also withdraw their referendum measure after filing the petition with the appropriate elections official, but before the SOS certifies that the measure has qualified for the ballot. Such a withdrawal would be effective upon receipt by the SOS of a written notice of withdrawal, signed by a majority of the proponents, no later than 5 p.m. on the day the SOS certifies that the measure has qualified for the ballot. (Elec. Code, §§ 9033(c), 9604(b),(d).)

Contingent Withdrawal of Referendum
Proponent(s) of a referendum may file a written notice of withdrawal with the SOS that is contingent upon the enactment of a particular legislative measure. (Elec. Code, § 9604.)

  • A referendum may be conditionally withdrawn after filing with the appropriate elections official, but before the SOS certifies the measure as qualified for the ballot. Such a conditional withdrawal shall be filed no later than 5 p.m. on the day the SOS certifies that the referendum has qualified for the ballot. (Elec. Code, §§ 9033(c), 9604(c),(d).)
  • In the contingent withdrawal notice, the proponents shall identify the publication date of the most recent version of the legislative measure upon which the withdrawal is contingent. The SOS shall reject a contingent notice of withdrawal if the contingency relates to any action other than the enactment of a specified legislative measure. (Elec. Code, § 9604(c)(1).)
  • A notice of contingent withdrawal is effective only if the legislative measure identified in the notice is given a chapter number by the SOS prior to the certification of the referendum as qualified for the ballot. (Elec. Code, §§ 9033(c), 9604(c)(2).) If the legislative measure is not chaptered or is amended after the notice of contingent withdrawal is filed, the conditional withdrawal of the referendum measure will not be given effect. Elec. Code, § 9604(c)(3).)
  • If a contingent withdrawal fails, the proponents may file a new notice of contingent withdrawal at any time before the SOS certifies the referendum as qualified for the ballot. (Elec. Code, § 9604(c)(3).)
  • The proponents of a referendum measure may cancel a notice of contingent withdrawal by filing a written notice with the SOS at any time before the legislative measure identified in the contingent withdrawal notice is enacted and given a chapter number by the SOS. (Elec. Code, § 9604(c)(4).)
  • A contingent withdrawal or a cancellation of a contingent withdrawal must be signed by at least a majority of the proponents of a referendum measure. (Elec. Code, § 9604(c)(5).)
  • A notice of withdrawal takes precedence over any notice of contingent withdrawal on file with the SOS. (Elec. Code, § 9604(c)(6).)

Turning in Signatures
Once the requisite number of signatures has been collected, the petition is filed with the appropriate county elections official(s). Petitions may be submitted in sections; however, all the sections submitted in a single county must be filed at the same time and must contain signatures of registered voters in that particular county. Once filed, petitions may not be amended except by order of a court of competent jurisdiction. (Elec. Code, § 9030(a).)

To prevent unauthorized petitions from circulating and unauthorized persons from filing petitions, only the proponent(s) of a proposed referendum measure and persons authorized in writing by one or more of the proponents, may file petitions. Any other petitions submitted must be disregarded by the county elections official of the county (or city and county) in which it was circulated. (Elec. Code, § 9032.)

Raw Count of Signatures
Once petitions are filed, county elections officials have 8 business days to determine a raw count of the signatures submitted and report their findings to the SOS. If the SOS determines that the raw count of signatures on petitions submitted throughout the state lacks 100% of the signatures required, the SOS shall notify the proponent(s) and the county elections officials of the failure of the proposed referendum measure, and no further action will be taken on that petition. (Elec. Code, § 9030(b).) If the statewide raw count reaches 100% or more of the total number of signatures required, the SOS notifies counties to begin verification of a random sample of petition signatures. (Elec. Code, § 9030(c).)

Signature Verification: Random Sample
Within 30 business days of the SOS’s random sample notification, county elections officials are required to verify the validity of the signatures filed with their office using a random sampling technique of verification. (Cal. Code Regs., tit. 2, § 20521.) The elections official is required to verify at least 500 signatures or 3% of the number of signatures filed in their county, whichever is greater. Counties receiving fewer than 500 petition signatures are required to verify all signatures filed in their county. (Elec. Code, § 9030(d).) Upon completion of a random sample, the elections official immediately certifies to the SOS the number of valid signatures appearing on the petitions filed in their counties. (Elec. Code, § 9030(e).) The SOS then applies a formula to determine the projected statewide total number of valid signatures. (Elec. Code, § 9030; Cal. Code Regs., tit. 2, §§ 20530-20532, 20540.)

Under 95 Percent:
If the total number of valid signatures is projected to be less than 95% of the number of signatures required to qualify for the ballot, the measure is deemed to have failed to qualify. The SOS must immediately generate a failure notice and mail a copy to the proponent(s) and county elections officials. (Elec. Code, § 9030(f).)

Over 110 Percent:
If the statewide random sample total projects more than 110% of the required number of valid signatures (601,317), one of the following will occur depending on how many days remain until the next statewide general election. (Elec. Code, § 9033(c).)

  • If at least 131 days remain before the next statewide general election, the referendum would be eligible, but not yet qualified, for that ballot. On the 131st day before that election, the SOS must issue a certificate certifying that the referendum is qualified for the ballot.
  • If fewer than 131 days, but not fewer than 31 days, remain before the next statewide general election, the SOS must immediately issue a certificate certifying that the referendum is qualified for that ballot.
  • If fewer than 31 days remain before the next statewide general election, the referendum would be eligible for the following statewide general election ballot. On the 131st day before that election, the SOS must issue a certificate certifying that the referendum is qualified for the ballot.

Between 95 Percent and 110 Percent:
If the statewide random sample total projects between 95% and 110% of the required number of valid signatures, the SOS notifies county elections officials to verify every signature on the petition. This process is referred to as a “full check.” (Elec. Code, § 9031(a).)

Signature Verification: Full Check
If a full check of signatures is necessary, within 60 business days of receipt of the SOS’s full check notification, the county elections officials must determine the total number of qualified signatures and transmit this information to the SOS. (Elec. Code, § 9031(a).)

If the proposed referendum measure fails to reach 100% of the required number of valid signatures, the measure fails to qualify for the ballot, and the SOS must so notify the proponent(s) and county elections officials. (Elec. Code, § 9031(e)(2).)

If it is determined that the proposed referendum measure has reached 100% of the required number of valid signatures, one of the following will occur depending on how many days remain until the next statewide general election.

  • If at least 131 days remain before the next statewide general election, the referendum would be eligible, but not yet qualified, for that ballot. On the 131st day before that election, the SOS must issue a certificate certifying that the eligible referendum measure is qualified for that ballot.
  • If fewer than 131 days, but not fewer than 31 days, remain before the next statewide general election, the SOS must immediately issue a certificate certifying that the referendum is qualified for that ballot.
  • If fewer than 31 days remain before the next statewide general election, the referendum would be eligible for the subsequent statewide general election ballot. On the 131st day before that election, the SOS must issue a certificate certifying that the referendum is qualified for the ballot.

Status of Statute
A statute that is the subject of a referendum measure ceases to have effect upon notification of the proponents and county elections officials that the raw count has reached 100% or more of the required number of qualified signatures. The statute would continue to cease to have effect unless and until one of the following occurred:

  1. The SOS or a court of competent jurisdiction concludes that the petition was not signed by the requisite number of qualified voters,
  2. the proponents of the referendum measure withdraw the measure, or
  3. the voters vote to keep the statute.
    (Elec. Code, § 9033(d).)

Referendum on the Ballot
Once on the ballot, voters will be asked whether they want to “Keep the law” or “Overturn the law” (rather than “Yes” or “No” as with all other ballot measures). (Elec. Code, § 13247.)

  • If voters cast more votes to “Keep the law” than to “Overturn the law,” the statute that is subject to a referendum takes effect on the fifth day after the SOS certifies the election results, unless the statute that is subject to a referendum provides otherwise. (Cal. Const., art. II, § 10(a).)
  • If voters cast more votes to “Overturn the law” than to “Keep the law”, the statute is repealed.

The Summary of Referendum Data (PDF) provides a one-page summarization of the total number of proposed referenda that were cleared for circulation and either failed, became eligible, or qualified for the ballot, as well as the number of referendum measures placed on the ballot and the number of laws that were approved or rejected by voters.

Below is a complete list of referendum measures, including those that were placed on the ballot and those that were circulated for signature but did not qualify for the ballot.

Print Version (PDF)

 

CALIFORNIA REFERENDA

1912 – January 31, 2024

  Election Date Proposition Issue Outcome Yes % No %
1 November 5, 1912 3 Appointment of
Registrar of Voters		 Law rejected by voters 145,924 36.4% 255,051 63.6%
2 November 5, 1912 4 Salaries and Fees,
Officers, Courts, 3rd class		 Law rejected by voters 135,303 34.8% 254,327 65.2%
3 November 5, 1912 5 Officers of a County Law rejected by voters 142,729 36.6% 246,818 63.4%
4 November 3, 1914 4 Abatement of Nuisances Law approved by voters 402,629 53.3% 352,821 46.7%
5 November 3, 1914 5 Investment Companies Act Law approved by voters 343,805 54.4% 288,084 45.6%
6 November 3, 1914 6 Water Commission Act Law approved by voters 309,950 50.7% 301,817 49.3%
7 November 3, 1914 18 Non-Sale of Game Law rejected by voters 353,295 49.4% 361,446 50.6%
8 October 26, 1915   Direct Primary Law Law rejected by voters 112,681 41.8% 156,967 58.2%
9 October 26, 1915 2 Form of Ballot Law Law rejected by voters 106,377 41.3% 151,067 58.7%
10 November 7, 1916   Direct Primary Law Law rejected by voters 319,559 47.7% 349,723 52.3%
11 November 5, 1918 17 Tax Levy Limitations Law rejected by voters 127,634 33.0% 259,626 67.0%
12 November 2, 1920 2 Prohibition Enforcement Act Law rejected by voters 400,475 46.2% 465,537 53.8%
13 November 2, 1920 8 Poison Act Law approved by voters 479,764 63.9% 270,562 36.1%
14 November 2, 1920 13 Community Property Law rejected by voters 246,875 32.0% 524,133 68.0%
15 November 2, 1920 14 Insurance Act Law rejected by voters 308,062 48.4% 328,115 51.6%
16 November 2, 1920 15 Irrigation District Act Law approved by voters 314,522 52.8% 280,948 47.2%
17 Date Unknown N/A Establishment of
Home for Elderly Women		 Did not
qualify		        
18 November 7, 1922 2 Prohibition Enforcement Act Law approved by voters 445,076 52.0% 411,133 48.0%
19 November 7, 1922 5 State Housing Act Law rejected by voters 117,110 15.6% 635,919 84.4%
20 November 7, 1922 24 Regulating Practice of Law Law rejected by voters 197,905 26.3% 555,522 73.7%
21 Date Unknown N/A Repeal of Wright Act Did not
qualify		        
22 Filed in 1923 N/A Repeal of
Community Property Law		 Did not
qualify		        
23 November 3, 1926 3 Oleomargarine Law rejected by voters 287,703 27.7% 749,640 72.3%
24 November 6, 1928 1 Reapportionment of Legislative Districts Law approved by voters 692,347 54.9% 570,120 45.1%
25 November 6, 1928 8 Motor Vehicle Registration Fees Law approved by voters 936,695 71.9% 365,309 28.1%
26 Filed in 1931 N/A Reapportionment of
Senate/Assembly Districts		 Did not
qualify		        
27 Date Unknown N/A Reapportionment of
Congressional Districts		 Did not
qualify		        
28 May 3, 1932 1 Oil Control Law rejected by voters 303,417 21.3% 1,124,592 78.7%
29 May 3, 1932 2 Preventing Leasing of
State Owned Tide or Beach
Lands for Oil Production		 Law approved by voters 794,329 59.3% 545,464 40.7%
30 December 19, 1933 1 Water and Power Law approved by voters 459,712 51.9% 426,109 48.1%
31 Filed in 1935 N/A Retail Store Licenses Did not
qualify		        
32 November 3, 1936 18 Oleomargarine Tax Law rejected by voters 400,367 20.9% 1,513,924 79.1%
33 November 3, 1936 22 Retail Store Licenses Law rejected by voters 1,067,443 43.8% 1,369,778 56.2%
34 November 8, 1938 10 Oil Leases on
State Owned Tidelands
and Huntington Beach		 Law rejected by voters 491,973 22.8% 1,666,251 77.2%
35 November 8, 1938 13 Revenue Bond Act of 1937 Law rejected by voters 516,591 26.1% 1,465,841 73.9%
36 November 8, 1938 24 Leasing State Owned
Tidelands for Oil Drilling		 Law rejected by voters 309,795 15.1% 1,744,801 84.9%
37 November 7, 1939 3 Personal Property Law approved by voters 1,853,663 71.1% 753,480 28.9%
38 November 7, 1939 4 Personal Property Brokers Law approved by voters 1,850,811 71.6% 732,873 28.4%
39 November 7, 1939 5 Oil and Gas Control Law rejected by voters 1,110,316 38.7% 1,755,625 61.3%
40 November 3, 1942 1 Prohibiting "Hot Cargo"
and "Secondary Boycott"		 Law approved by voters 1,124,624 55.3% 909,061 44.7%
41 Filed in 1943 N/A Allows Absence of Children
from Public Schools for
Participation in Religious Exercises		 Did not
qualify		        
42 Filed in 1951 N/A Property Tax Exemption Did not
qualify		        
43 November 4, 1952 3 Taxation: Welfare Exemption
of Nonprofit School Property		 Law approved by voters 2,441,005 50.8% 2,363,528 49.2%
44 Filed in 1963 N/A Discrimination in Housing Did not
qualify		        
45 Filed in 1964 N/A School District Unification Did not
qualify		        
46 Filed in 1975 N/A Sexual Offenses Did not
qualify		        
47 June 8, 1982 9 Peripheral Canal Law rejected by voters 2,049,042 37.3% 3,444,483 62.7%
48 June 8, 1982 10 Reapportionment of
Congressional Districts		 Law rejected by voters 1,764,981 35.4% 3,226,333 64.6%
49 June 8, 1982 11 Reapportionment
of Senate Districts		 Law rejected by voters 1,883,702 37.8% 3,101,411 62.2%
50 June 8, 1982 12 Reapportionment
of Assembly Districts		 Law rejected by voters 1,889,730 37.9% 3,091,888 62.1%
51 Filed in 1983 N/A Reapportionment of
Congressional Districts		 Did not
qualify		        
52 Filed in 1999 N/A Assault Weapons Did not
qualify		        
53 March 7, 2000 29 Overturning Indian
Gaming Statutes		 Law approved by voters 4,713,594 64.6% 2,592,107 35.4%
54 March 7, 2000 30 Insurance Claims
Practices. Civil Remedies.		 Law rejected by voters 2,210,112 31.5% 4,795,576 68.5%
55 March 7, 2000 31 Insurance Claims Practices.
Civil Remedy Amendments.		 Law rejected by voters 1,959,194 28.4% 4,936,904 71.6%
56 Filed in 2002 N/A Greenhouse Gas
Emissions Law		 Did not
qualify		        
57 Filed in 2002 N/A Amendments to Judicial
Summary Judgment Procedure		 Did not
qualify		        
58 Filed in 2003 N/A Immigrant Driver's
License Law		 Did not
qualify		        
59 Filed in 2003 N/A Domestic Partner Law Did not
qualify		        
60 November 2, 2004 72 Health Care
Coverage Requirements		 Law rejected by voters 5,709,500 49.2% 5,889,936 50.8%
61 Filed in 2005 N/A Authorizing Dog-
Breed-Specific Ordinances		 Did not
qualify		        
62 Filed in 2007 N/A Referendum to Overturn
Amendments to Education Code		 Did not
qualify		        
63 February 5, 2008 94 Referendum on Amendment
to Indian Gaming Compact		 Law approved by voters 4,812,313 55.6% 3,848,998 44.4%
64 February 5, 2008 95 Referendum on Amendment
to Indian Gaming Compact		 Law approved by voters 4,809,573 55.6% 3,841,352 44.4%
65 February 5, 2008 96 Referendum on Amendment
to Indian Gaming Compact		 Law approved by voters 4,785,413 55.5% 3,844,408 44.5%
66 February 5, 2008 97 Referendum on Amendment
to Indian Gaming Compact		 Law approved by voters 4,786,884 55.5% 3,838,892 44.5%
67 Filed July 18, 2011 N/A Referendum to Overturn
Law Requiring Internet Retailers to
Collect Same Sales or Use Taxes
as Other Retailers		 Did not qualify        
68 Filed July 25, 2011 N/A Referendum to Overturn
Non-Discrimination Requirements
for School Instruction.		 Did not qualify        
69 Filed August 1, 2011 N/A Referendum to Overturn
Law Requiring State to
Establish Fire Prevention Fee.		 Did not qualify        
70 Filed August 1, 2011 N/A Referendum to Overturn
Authorization of Alternative
Redevelopment Agencies.		 Did not qualify        
71 November 6, 2012 40 Redistricting. State
Senate Districts. Referendum.		 Law approved by voters 8,354,156 71.9% 3,258,740 28.1%
72 Filed September 9, 2011 N/A Redistricting.
Congressional Districts. Referendum.		 Did not qualify        
73 Filed October 17, 2011 N/A Referendum to
Overturn Changes to
Ballot Measure Elections.		 Did not qualify        
74 Filed October 20, 2011 N/A Referendum to
Overturn State Financial Aid for
Undocumented Students.		 Did not qualify        
75 Filed October 28, 2011 N/A Referendum to
Overturn Law That Prohibits the
Required Use of Federal Electronic
Employment-Verification Systems.		 Did not qualify        
76 November 4, 2014 48 Referendum to
Overturn Indian Gaming Compacts.		 Law rejected by voters  2,702,157  39.00%  4,219,881  61.00%
77 Filed August 26, 2013 N/A Referendum to Overturn
Non-Discrimination Requirements
for School Programs and Activities.		 Did not qualify        
78 Filed November 7, 2013 N/A Referendum to Overturn
Law Allowing Specified
Licensed Medical Professionals to Perform
Early Abortion Procedures.		 Did not qualify        
79 Filed November 7, 2013 N/A Referendum to Reimpose
Different Standards on Clinics Providing Abortion
Services than on
Other Primary Care Clinics.		 Did not qualify        
80 Filed October 10, 2014 67 Referendum to Overturn
Ban on Single-Use Plastic Bags.		 Law approved by voters  7,228,900  53.30%  6,340,322  46.70%
81 Filed July 1, 2015 N/A Referendum to Allow
Personal Belief Exemption from Mandatory Immunization Program for Schoolchildren.		 Did not qualify        
82 Filed October 16, 2015 N/A Referendum to Overturn
Aid-in-Dying Law.		 Did not qualify        
83 Filed July 25, 2016 N/A Referendum to Overturn
Law Redefining Assault Weapons.		 Did not qualify        
84 Filed July 25, 2016 N/A Referendum to Overturn
Law Prohibiting Possession of Large-Capacity Ammunition Magazines.		 Did not qualify        
85 Filed July 25, 2016 N/A Referendum to Overturn
Law Regulating Ammunition Sales.		 Did not qualify        
86 Filed July 25, 2016 N/A Referendum to Overturn
Law Redefining Assault Weapons.		 Did not qualify        
87 Filed July 25, 2016 N/A Referendum to Overturn
Law Establishing Criminal Penalties for Falsely Reporting Lost or Stolen Firearms.		 Did not qualify        
88 Filed July 25, 2016 N/A Referendum to Overturn
Law Regulating Loans of Firearms.		 Did not qualify        
89 Filed August 8, 2016 N/A Referendum to Overturn
Law Requiring Serial Numbers on Personally Manufactured or Assembled Firearms.		 Did not qualify        
90 Filed October 27, 2017 N/A Referendum to Overturn
Law Defining State and Local Law-Enforcement Agencies' Participation in Specified Immigration Enforcement.		 Did not qualify        
91 Filed September 11, 2019 N/A Referendum Challenging 2019 Law Increasing State Oversight of Medical Exemptions to School Vaccination Requirements. Did not qualify        
92 Filed September 11, 2019 N/A Referendum Challenging 2019 Law Regarding State Oversight of Medical Exemptions to School Vaccination Requirements. Did not qualify        
93 November 3, 2020 25 Referendum to Overturn a 2018 Law That Replaced Money Bail System with a System Based on Public Safety Risk. Law rejected by voters 7,232,380 43.60% 9,358,226 56.40%
94 November 8, 2022 31 Referendum Challenging a 2020 Law Prohibiting Retail Sale of Certain Flavored Tobacco Products. Law approved by voters 6,803,424 63.40% 3,923,383 36.60%
95 November 5, 2024 N/A Referendum Challenging 2022 Law Authorizing Creation of Council to Set Minimum Wage and Working Standards for Fast-Food Workers Withdrawn1        
96 November 5, 2024 N/A Referendum Challenging 2022 Law Prohibiting New Oil and Gas Wells Near Homes, Schools, and Hospitals. Eligible2        

1 Pursuant to the enactment of Assembly Bill 421 (Ch. 162, Stats. of 2023), effective September 8, 2023, the certificate qualifying this referendum for the November 5, 2024, General Election ballot was voided. As a result, the measure became eligible for the November 5, 2024, General Election ballot unless withdrawn by the proponents prior to qualification on June 27, 2024. The referendum was withdrawn by the proponents on December 29, 2023.

2 Pursuant to the enactment of Assembly Bill 421 (Ch. 162, Stats. of 2023), effective September 8, 2023, the certificate qualifying this referendum for the November 5, 2024, General Election ballot was voided. The measure is currently eligible for the November 5, 2024, General Election ballot unless withdrawn by the proponents prior to qualification on June 27, 2024.