How a measure gets on the ballot in California

People-powered policy-making – or another way for wealthy interests to exert influence?

Picture+of+a+petitioner+and+their+tent+on+the+main+walkway+on+campus.

Cornell Chuaseco

Petitioners on campus were set up along the walkway in early 2022 and some students have complained about being approached aggressively.

Why are there so many ballot measures in California during midterm and presidential election cycles, and how do they get on the ballot in the first place?

There were 11 statewide propositions in the 2018 midterm election and 12 in the 2020 presidential election — and there are seven in the upcoming November election.

California residents have the power to add propositions on the ballot through initiative petitions. The process was created in California to allow for “direct democracy,” to let real people power policies — not just legislators and the governor. After all, elected officials must raise money to run for office, and they might be influenced by campaign contributions from powerful special interests or lobbyists.

Those same wealthy or powerful people and groups could also influence whether propositions make it to the ballot, according to Dr. Raphael J. Sonenshein, executive director of the Pat Brown Institute at Cal State LA.

“You can get a lot of things on the ballot if you have enough money because you can hire people to get those signatures,” said Sonenshein. But, he added, “The voters don’t always know who’s paying for these things.” 

Sometimes, they are more likely to sign something to put it on the ballot, knowing they still get to vote. They might turn around and vote ‘no’ on it.”

But that also means that an issue that may be actually supported by voters may fail because of the lack of funds needed to collect enough signatures.

A recent example of a failed initiative campaign is one that would have prohibited fracking and phased out the use of the oil, natural gas and coal. The petition was officially withdrawn in June after it failed to collect the required 623,212 signatures.

According to a PPIC survey, 61% of voters support the banning of fracking permits, a plan introduced by Gov. Gavin Newsom. 

Here are the steps involved with getting propositions on the ballot, according to the California secretary of state and attorney general’s websites

  1. Draft the proposal: Any initiative petition begins with writing a proposal draft, also known as the initial draft.
  2. Submit draft: The draft is submitted to the attorney general with a filing fee of $2,000, which is refunded if the proposal makes it onto the ballot.
  3. Collect signatures: Organizers can use volunteers or paid workers to collect citizen signatures on the initiative petition.
  4. Allow for verification: Election officials verify that the signatures are from California residents who are citizens and registered to vote.

After that, the secretary of state determines whether the initiative qualifies for the ballot or not. 

If it’s verified, supporters and opponents typically start raising awareness in an attempt to convince voters of its merits or flaws — and that’s the second time in the process that money can influence outcomes.

“Some of [the ballot initiatives] aren’t getting a lot of publicity behind them because there’s not a lot of money on either side. And yet, they’re very important,” Sonenshein said.

For example, a 2021 proposed initiative known as the Elijaih McClain Police Accountablity Act would have introduced consequences for police officers using excessive force against the public, but it failed to make it onto the ballot. 

Other times, the funding on one side far outweighs the other. According to state data compiled by Ballotpedia, supporters of Prop 31, a state proposition on the November ballot that would uphold the state’s ban on flavored tobacco products, raised more than $6 million; while those opposing it, including tobacco companies, raised more than $22 million.

Prop. 26, which would legalize sports betting at Native American casinos if it passed this November, is on the ballot alongside Proposition 27, which would legalize online sports betting. Prop. 26 is being funded by Native American tribes, which stand to benefit from the addition of sports betting to their casinos, whereas Prop. 27 is being primarily funded by online gambling companies. A list of donors can be found on the secretary of state’s website. 

However, those who really believe in a proposition can also organize grassroots campaigns — using social media, community forums and other spaces to rally enough support to pass the ballot measure.

In 2012, Prop. 30, which increased taxes in the state to fund public schools, saw the support of many women and teachers groups. The measure passed with 55.37% of votes. 

A version of this story was cross-published on KCET and PBS SoCal’s websites.