By @Marcus Detwiler
The California State Assembly voted to concur in Senate amendments to Assembly Constitutional Amendment 13 (Ward), clearing the final procedural hurdle necessary for the measure to appear on the ballot before California voters. Throughout the final days of session, ACA 13 was intended to appear on the March 2024 ballot, several months before the November 2024 ballot and that same number of months prior to voters considering Initiative #1935, the initiative backed by the California Business Roundtable. However, following conversations with the Governor’s Office, sponsors and author’s office, an agreement was reached to place the measure on the November 2024 ballot. This maneuver was effectuated by means of a motion following the final passage of ACA 13 on the Assembly Floor, where lawmakers agreed to hold the passed measure at the Assembly Desk until November 1, 2023— several days after the October 26 deadline for measures to qualify for the March 2024 ballot. Assembly Member Chris Ward, the author of the measure, said at the time that “[a]fter careful consideration, ACA 13 will go on the November 2024 ballot when voter participation is historically higher to ensure the broadest representation of our democracy will have their voices heard on this Constitutional issue of fairness.” Amendment language taken in the Senate Elections & Constitutional Amendments Committee states that the provisions of ACA 13 apply to any initiative “submitted to the electors on or after January 1, 2024, including measures that appear on the ballot at the same election [as this one],” which would appear to include Initiative #1935 as well as any other initiative posed to voters on or after that date.
Dozens of special districts wrote and contacted their local legislators and the Office of Assembly Member Ward in support of ACA 13, heavily contributing to the grassroots advocacy campaign that ran counter to opponents’ persistent and deceptive efforts to stymie the measure. Districts that contacted their legislators about ACA 13 are encouraged to follow-up to express their appreciation for their support (or, in the event the legislator did not vote to support ACA 13, to educate the legislator on the need to protect the efficient and effective delivery of essential local services).
The Protect and Retain the Majority Vote Act (ACA 13) will ask voters whether, in the event a citizen-initiated constitutional amendment contains vote thresholds in excess of a simple majority, such an amendment should be supported by the same vote threshold it seeks to impose. Any citizen-initiated constitutional amendment with supermajority vote thresholds would thus need to obtain the same level of supermajority approval it would require. ACA 13 was supported by a coalition of local government stakeholders, organized labor, nonprofits and good governance groups like California Common Cause and the League of Women Voters of California. It will next need the support of a majority of California voters on the November 2024 ballot in order to become part of the California Constitution.
Of similar, significant importance to special districts is the successful passage of Assembly Constitutional Amendment 1 (Aguiar-Curry). ACA 1 would propose to voters a question: whether to allow a city, county, or special district, with 55% voter approval, to incur bonded indebtedness or impose specified special taxes to fund projects for affordable housing, permanent supportive housing, or public infrastructure.
ACA 1, sponsored by the California Professional Firefighters and the California State Building and Construction Trades Council, was supported by a coalition of local government stakeholders, organized labor, nonprofit housing providers, and social justice groups like California Common Cause and the Western Center on Law and Poverty. It will next need the support of a majority of California voters on the ballot in order to become part of the California Constitution.
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