Copyright 1941 by The American Legion, Department of California.
Revised 1968 by John F. Hopkins and Robert C. Lutz.
Revised 1971 by Jean Morony.
Revised 1999 by Stanley L. Dunn, Hon. Robert C. Lutz, and William A. Smelko.
Revised 2000, 2005 by William A. Smelko.
Revised 2008 by William A. Smelko, Gerald Richards, Esquire, and Dale Major, William A. Smelko III
Revised 2012 by William A. Smelko, William A. Smelko III.
Revised 2018, 2019, 2021, 2022, 2023, 2024 by Dale Major.
Part I: Introduction to State & Local Government
I. Formation
California's government history is unique because it was never a territory.
Usually, land annexed to the U.S. goes through a territorial government phase before statehood.
A. Treaty Government
California transitioned directly from treaty government to statehood.
In 1848, acquired from Mexico via the Treaty of Guadalupe Hidalgo (Treaty of Queretaro).
The U.S. established a military government under Brigadier General Riley, with its seat in Monterey.
B. Statehood
In fall 1849, a Constitutional Convention in Monterey drafted a Constitution for popular approval.
It was approved by the people, then the U.S. Congress.
On September 9, 1850, California became a state.
C. Capitol
First capitol: San Jose.
Moved to Vallejo, then Benicia, and finally Sacramento via legislative action.
Currently, only the People can move the state capitol.
Article XX, Section 1 amended in 1970, designating Sacramento as the capital of California.
II. The State Constitution: Amendments & Revisions
The 1849 Constitution's inadequacies led to a new Constitution in 1879.
The revised Preamble: "We, the People of the state of California…do establish this Constitution."
The California Constitution can be amended or revised.
A. Amendments
1. By the Legislature
Proposed by either house (Assembly or Senate).
Requires a 2/3 vote in each house.
Submitted to state electors for approval by a majority vote.
2. By the People
Electors can amend the Constitution by initiative.
B. Revisions
1. By the Legislature
Proposed by the legislature and acted upon by the people like amendments.
2. By Constitutional Convention
Proposed by 2/3 vote of both houses.
Submitted to electorate at a general election.
If approved, the legislature provides for the convention within six months.
Delegates elected by voters from districts with nearly equal population.
Revised constitution submitted to electors.
If approved by a majority vote, it takes effect the day after the election unless otherwise specified.
III. The Federal System & Legislature
A. Federal Legislators
California represented in U.S. Congress by Senators and Representatives.
B. Selection-Tenure
Congressional delegation is elected by the people.
Two Senators elected statewide, serve six-year terms.
Representatives selected from congressional districts based on population, serve two-year terms.
As of 2020, California had 53 representatives; in 2022, it lost one seat, resulting in 52 representatives.
Population changes, based on the federal census every decade, determine the number of representatives.
1. Qualifications
Senator: At least 30 years old, U.S. citizen for at least nine years, and a California resident.
Representative: At least 25 years old, U.S. citizen for at least seven years, and a California resident.
2. Vacancies
a. Senator
Filled at the next State election, with interim appointment by the Governor.
b. Representative
Filled by a special election called by the Governor; otherwise, the office remains vacant until the next general election.
IV. City-County-State Government – An Overview
State executive, legislative, and judicial offices serve Californians as part of the U.S.
Under the Tenth Amendment, powers not delegated to the federal government are reserved to the states.
The California Constitution structures the government into executive, legislative, and executive departments.
These operate under the Elections Code, Government Code, and other statutory directives.
Besides cities, counties, and state government, regional organizations and special focus agencies also exist.
Regional organizations improve cooperation among local governments.
Special focus agencies and districts provide expertise in monitoring and facilitating services.
Examples: school, fire protection, water, and hospital districts; they exercise governmental and regulatory powers.
Victim rights are highlighted in an extended section in Article I, Section 28, of the State Constitution.
Part II: City Government
I. Incorporation
All Californians are residents of a County; however, they may not be residents of a city.
Those in unincorporated areas follow State and County laws, and ordinances.
City or municipal governments serve as the primary point of contact with government for most Californians.
Cities can pre-date California’s statehood.
New cities are created, and existing cities’ reach expands/contracts via incorporation.
A. Procedure for Incorporation: The Local Agency Formation Commission (“LAFCO”)
1. California law has a LAFCO in each county, outlining powers, duties, etc.
LAFCOs approve/disapprove consolidation proposals, including city formation (incorporations/annexations) and special districts.
2. LAFCOs regulate boundary changes, proposed by public agencies/individuals, through approval/denial.
LAFCOs can't initiate changes themselves, except for dissolving/consolidating special districts and merging subsidiary districts.
They review proposals for new agencies and changes in existing agencies, working with nearly 4,000 governmental agencies.
They consider effects on agriculture/urban sprawl and conduct "Spheres of Influence" studies for efficient service boundaries.
3. LAFCOs usually have two County Supervisors, two City Council representatives, and one public member.
Members serve four-year terms.
Some counties have special legislation for commission composition, including a seat for a major city representative.
4. LAFCOs may approve incorporation, un-incorporation, or annexation without an election if less than 25% of eligible voters protest after legal notices/hearings.
For consolidations, only 20% of eligible voters must protest for an election to be required.
For annexation proposed by individuals, at least 5% of eligible voters must protest to avoid an election.
5. If an election is required for incorporation, the ballot includes "For Incorporation" or "Against Incorporation."
Elections may also consider the name of the city and whether there will be a city manager government.