STATE BALLOT MEASURE

READING THE MEASURE

This measure is composed of several parts. Sections 1 and 2 are introductory. Section 3 in bold text below is what we propose to add. Further explanation can be found here.

HONOR IN OFFICE LEGISLATIVE REFORM ACT

SECTION 1. Title.

This measure shall be known and may be cited as the "Honor in Office Legislative Reform Act."

SECTION 2. Findings and Declarations.

The people of the State of California hereby find and declare all of the following:

1. As long as our legislators can pass laws they themselves and no average citizen can understand, can vote by proxy, can pass them without notice to its citizens, without using simple common sense, and without anyone having the opportunity to read and understand them, our state will always be in jeopardy and subject to political whims, pressures and special interests.

2. Our current legislative procedures encourage and permit sloppy legislation, the scratching of backs and selling of votes, and the insertion of special interest clauses which have nothing to do with serving the people.

3. California Penal Code section 85 and 86, and section 15 of Article IV of the California Constitution prohibits corruptly influencing legislation. It is not clear that these prohibitions are foremost in our legislators' minds, are understood or are strictly adhered to.

SECTION 3. Section 8.25 is added to Article IV of the California Constitution, to read:

Sec. 8.25
(a) In order to permit legislators the time to read and understand the final version of a bill, and in order for a house vote to be valid, a house vote to pass or defeat a bill shall not occur until three business days after the absolute entirety of the final version of the bill has been distributed to the members of the house. Any alterations, revisions, additions or deletions to the bill, during this three day review period, require a redistribution and restart of the review period. (explained here)

(b) In order to permit the public to review the work of their legislators, once a bill has been passed by one house of the Legislature, and in order for the vote by the other house of the Legislature to be valid, a vote to pass or defeat the bill by the other house shall not occur until after the absolute entirety of the final version of the bill has been posted continuously on the Internet for eight business days. Any alterations, revisions, additions or deletions to the bill, during this eight day public review period, require a reposting and restart of the public review period. Any bill posted on the Internet that cites or references other statutes, rules, codes or laws, shall link to those and shall also provide an understandable translation and explanation of them, in order for the eight day public review to start. (explained here)

(c) No house or committee vote shall occur on any bill that is not written in a clear and coherent manner, using words with common and everyday meanings that the average functionally literate citizen can understand. (explained here)

(d) One legislator, one vote. Any person who votes for another member of the Legislature is guilty of a felony. A legislator's vote is not valid unless the legislator is present and places the vote personally. (explained here)

(e) No member of the Legislature shall vote in favor of the passage of any bill by either house unless such member certifies that he or she has fully read and understood the contents of such bill. Prior to voting in favor of the passage of any bill, each member of the Legislature who intends to vote in favor of such bill shall execute a writing containing the following two-part statement (the first part does not require a signature and is a non-binding request from the People):

"We the people of the State of California specifically want practical, common sense, real world solutions which have a track record of proven uniform success, which don't violate or encroach upon the Constitution of the United States, and which don't infringe upon our rights as citizens.

"Your personal integrity, honesty and honor, as a legislator of the State of California, are more important than any personal interest, vested interest, other political pressures or your political career. You are in office to serve the People and no one else.

"Thank you,
"The People of the State of California.

"I hereby certify under penalty of perjury that I have read [INSERT BILL NUMBER AND TITLE] in its entirety, and that I have taken the steps to understand the entire contents of this bill to the best of my ability."

A vote in favor of the passage of a bill shall not be counted unless it is determined that the member casting such vote has executed this writing. This certification requirement shall not apply to committee votes, or dire emergencies involving state security or natural catastrophes, which require immediate action. (explained here)

(f) Prior to voting on any bill, each member of the Legislature who intends to vote shall execute a writing containing the following statement:

"I hereby certify under penalty of perjury that I have not committed any act in violation of Penal Code section 86, in connection with [INSERT BILL NUMBER AND TITLE]. I further certify under penalty of perjury that, to the best of my knowledge, my vote on [INSERT BILL NUMBER AND TITLE] has not been influenced by any act taken by any person in violation of Penal Code section 85 and/or section 15 of Article IV of the California Constitution."

A vote shall not be counted unless it is determined that the member casting such vote has executed this writing. This certification requirement shall not apply to committee votes, or dire emergencies involving state security or natural catastrophes, which require immediate action. (explained here)

SECTION 4. Severability. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

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