Amending California’s Constitution
The California Constitution, ratified in 1879, is the supreme law of the state and has been amended 525 times. This body of law is known for being quite lengthy and for allowing citizens to directly change the law of the state through the initiative process, a feature often used for major policy shifts.
But first, a little background starting with the infancy of our Constitution: California became the 31st state on September 9, 1850. The state’s first Constitution was adopted in 1849 and was used until 1879, when the second constitution became effective. California’s only two constitutional conventions preceded the 1849 and 1879 constitutions. The convention of 1849 consisted of 49 delegates and met for six weeks. The 1849 constitution was approved by a vote of 12,061 to 811.
In February 1878, the state legislature passed a bill calling for a convention of 152 delegates (three from each senate district and 32 at-large delegates). On May 7, 1879, the Constitution was approved with nearly 78,000 in favor to 67,000 opposed.
Voters rejected proposals for a constitutional convention in 1898, 1914, 1920, and 1930. In 1934, voters approved a proposal for a constitutional convention. However, the state legislature did not pass any enabling legislation, therefore the convention was never held.
In 1947, the state legislature created the Joint Interim Committee on Constitutional Revision that submitted a report to voters reducing the state constitution by approximately 14,500 words. It was approved. A similar constitutional revision commission was created in 1963. The commission’s work ended in June 1976 when the last proposal was approved. The proposals removed a total of 40,000 words.
How can the California Constitution be amended? All changes to the Constitution must be made by a majority vote of the electorate, but there are three ways for changes to get on the ballot:
- A legislative referral;
- A constitutional convention; and
- A citizen initiative.
The amendment process stems from Article XVIII of the California Constitution. The above listed paths include:
- Legislative Referral: Both the Senate and Assembly can propose amendments or revisions if two-thirds of the membership of each house concur. These legislative measures are called Assembly Constitutional Amendments (ACAs) and Senate Constitutional Amendments (SCAs). These do not require the Governor’s signature and are placed directly on the ballot.
- Constitutional Convention: The legislature, by a two-thirds vote, can submit to the voters the question of whether to call a convention to revise the constitution.
- Citizen Initiative: Voters can directly amend the Constitution by filing a petition with the Secretary of State. The petition requires signatures equal to 8% of the total votes cast for all candidates for Governor in the most recent gubernatorial election (in 2026, this meant over 800,000 signatures).
Following the proposals, some key aspects of the amendment process consist of:
- Voter Approval: All proposed amendments or revisions must be approved by a majority of the voters at a general election.
- Effective Date: Ratified amendments take effect on the fifth day after the Secretary of State files the statement of the vote.
- Distinction Between Revision and Amendment: While the Legislature can propose both, voter initiatives are limited to amending the Constitution. Revisions involve widespread changes to the document’s configuration, whereas amendments change specific provisions.
- Legislative Role: The Legislature may also call for a special election to consider a constitutional amendment, rather than wait for the next general election.
For 50 years, our firm has been providing the legislative history for bills and propositions from the 1800s to the present. And in case you weren’t aware, we also provide in-depth research on propositions and legislatively referred constitutional amendments. If you are interested in knowing more about the background of any Constitutional amendment, state or federal statute, please contact our office today! We even provide a legislative history report and analysis on your bill of interest with a procedural summary that helps guide you through the intricacies of how your bill eventually became law. Please contact our office for a quote today: quote@legintent.com or (530) 666-1917.