California State Legislature votes to send a constitutional amendment to the 2024 ballot related to local votes on certain housing projects

On Aug. 31, the last day of the legislative session, the California State Legislature voted to send Senate Constitutional Amendment 2 (SCA 2) to the ballot in 2024. SCA 2 would repeal Article 34 of the state constitution, which requires local voter approval via a ballot measure for federal and/or state government-funded housing projects classified as low-rent. The ballot measure would allow housing projects that are intended for households at certain income thresholds and that receive government funding or assistance to be developed, constructed, or acquired without a local referendum.

Article 34 was adopted in 1950 with the passage of Proposition 10, an initiated constitutional amendment. Proposition 10 was approved by a margin of 50.8% to 49.2%. In 1980 and 1993, voters rejected ballot measures to repeal or amend Proposition 10. Both were defeated with about 59% of the vote.

In California, a two-thirds vote is needed in each chamber of the California State Legislature to refer a constitutional amendment to the ballot for voter consideration.

Senators Ben Allen (D) and Scott Wiener (D) introduced the constitutional amendment on Dec. 7, 2020. On Jan. 26, 2022, the Senate passed the amendment in a unanimous vote of 37-0 with three senators absent. On Aug. 31, 2022, the California State Assembly passed the amendment in a unanimous vote of 73-0 with seven assembly members absent.

This is the fourth measure to be certified for the ballot for elections in 2024. California voters will also be considering establishing a Pandemic Early Detection and Prevention Institute; increasing the state’s minimum wage to $18; and replacing the Private Attorneys General Act (PAGA).

Between 1985 and 2020, an average of 9.72 measures appeared on statewide ballots per year.