CRS-9

9.

10.

11.

12.

Vote necessary for recall - candidate receiving largest number of votes in special election is declared elected for the remainder of the term (Const., Art. 8, pt. 1, $4; $19-216).

Effective date of recall Unless incumbent receives highest number of votes, he is deemed to be removed from office upon qualification of his successor (Const., Art. 8, pt. 1, §4; §19-216).

Filling vacancy - If successor does not qualify within 5 days after result of election is declared, office is vacant and may be filled as provided by law (Const., Art. 8, pt. 1, §4; $19-216).

Special provisions

(a)

(b)

Candidate for U.S. Senate or House of Representatives may file pre-primary statement promising to resign if not re-elected in a recall vote, and, if elected, is then bound to such pledge (SS19-221, 19-222).

Special provisions concerning the recall of U.S. District Judges are set forth at $$19-231--19-234.

CRS-10

ARKANSAS

Unless otherwise indicated, references are to the Arkansas Constitution of 1874, as amended, and the Arkansas Statutes Annotated (1956 Main Volume, 1973 Supplement, and 1975 Temporary Supplement).

2.

(a)

3.

Signatures required on petition-
Constitutional amendments 10% of total vote cast for all can-
didates at last preceding gubernatorial election in at least 15
counties, the petitions of which shall bear the signatures of not
less than 1/2 of the designated percentage of the electors of such
county.

(b)

Statutory enactment - 8% of total votes, etc. (Const., Amendment 7).

Filing provisions with Secretary of State at least 4 months prior to the election, provided that at least 30 days prior to the filing the proposal shall have been published once, at the expense of the petitioners, in some paper of general circulation (Const., Amendment 7).

8.

9.

10.

11.

12.

Effective date - 30 days after the election upon proclamation of the Governor ($2-218).

· must be

Amendment or repeal by legislature after approval by voters
approved by 2/3 of the Members of each House of the Legislature
(Const. Amendment 7).

ed at election places, plus press publication (§§2-212--2-214; Supp; $$ 2-215, 2-225--2-227).

Restrictions on the initiative

None (Const., Amendment 7).

CRS-11

Referendum

1.

2.

On statutes enacted by the legislature Yes (Const., Amendment 7). (Note constitutional amendments proposed by the legislature shall be submitted to the people for a majority decision of the voters voting at the election; see Const., Art. XIX, $22.)

Signatures required on petition - 6% of the legal voters of the total votes cast at the last preceding gubernatorial election, from at least 15 counties, the petition bearing signatures of not less than 1/2 of the designated percentage of electors from such county (Const., Amendment 7).

3. Filing provisions - with Secretary of State, not later than 90 days after final adjournment of legislature (Const., Amendment 7).

4.

Application of referendum to entire act or any item of appropriations bill (Const., Amendment 7).

7.

8.

Vote necessary for approval or rejection - majority of votes cast thereon (Const., Amendment 7).

Statute voided if majority vote rejects - Any measure referred to the people shall remain in abeyance until the vote is taken, except that emergency measures for the preservation of the public peace, health and safety, passed by 2/3 of each house shall go into effect immediately, although subject to referendum (Const., Amendment 7).

9. Availability of information to voters See under "Initiative," supra.

10. Restrictions on use of referendum - None (Const., Amendment 7).

11.

Amendment or repeal by legislature after approval by voters - see under "Initiative," supra.

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CALIFORNIA

Unless otherwise noted, references are to the California Constitution, as amended, and the California Election Code (1961, 1976 Supp.).

total vote cast at last gubernatorial election.
Statutory enactments- qualified voters equal to 5%, etc.
[Const., Art. 4, §22(b)).

2.

Signatures required

(a)

Constitutional amendments

(b)

3.

Filing provisions
4, §22(b)].

4.

5.

6.

7.

8.

9.

10.

Preliminary filing before soliciting signatures - with Attorney General [Const., Art. 4, $24(d); $3500.5, Supp.; $3501].

Form and contents of petition specified by law Yes ($3500. 1, Supp.)
Submission to legislature - heading of proposed initiative measure states
that it is to be submitted directly to the electors ($3500.1, Supp.).
The Attorney General, after preparing the summary required under
$3501.3, Supp., transmits copies of the text of the measure and sum-
mary to the Senate and Assembly. The appropriate committees of each
house may hold public hearings on the subject of the measure but may
not alter the measure or prevent it from appearing on the ballot ($3524,
Supp.).

Vote necessary for adoption - majority of voters voting thereon [Const.,
Art. 4, $24(a)].

Effective date of the law day after election, unless measure provides otherwise [Const., Art. 4, §24(a)].

Applicability of Executive veto - No.

Amendment or repeal by legislature after approval by voters only by statute that becomes effective when approved by voters, unless measure permits amendment or repeal without such approval [Const., Art. 4, $25(c)].

CRS-13

11.

12.

Availability of information to voters text of proposal and pros and cons thereon are printed in a publicity pamphlet and mailed to all voters $3501; Supp. (§§3559-3573).

Restrictions on the initiative - must relate to only one subject [Const., Art. 4, §22(d)]. The powers of initiative and referendum are to be afforded a liberal construction and such powers apply to acts which are legislative in nature. Pacific Rock & Gravel Co. v. City of Upland, 63 Cal. Rptr. 572, 433 P.2d 476 (1967). For a discussion on the scope of these powers, see 54 Cal. L. Rev. 1717 (1966).

Referendum

1.

2.

3.

4.

5.

On statutes enacted by the legislature - Yes [Const., Art. 4, §23(a)].
[Note Constitutional amendments, as well as the call for a constitu-
tional convention submitted by the legislature to the people for a deci-
sion by a majority of those voting thereon, are also subjects of a re-
ferendum; see Const., Art. XVIII. Measures proposed by the legis-
lature may also be submitted to the people; see Supp., $$5577 et ff.]
Signatures required on petition - qualified voters equal to 5% of total
vote cast in last preceding gubernatorial election [Const., Art. 4, §23
(b)).

Filing provisions with Secretary of State within 90 days after enactment date of statute [Const., Art. 4, §23(b)`.

Preliminary filing before soliciting signatures - with Attorney General [Const., Art. 4, §24(d); $3501].

6.

Form and contents of petition specified by law

Yes (§$3503, 3504).

7.

8.

9.

10.

Vote necessary for approval or rejection - majority of votes cast thereon [Const., Art. 4, §24(a)].

Availability of information to voters

see under "Initiative," supra.

Restrictions on the use of the referendum
may not be used against
urgency statutes, statutes calling elections, and statutes providing for
tax levies or appropriations for usual current expenses of the State
[Const., Art. 4, §23(a)].

Amendment or repeal by legislature after approval by the voters
[Const., Art. 4, §24(c)].