| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Constitutional Amendment No. 8Introduced by Assembly Member PellerinFebruary 20, 2025 A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 16 of Article VI thereof, relating to the judiciary. LEGISLATIVE COUNSEL'S DIGESTACA 8, as introduced, Pellerin. Elections: incumbent judges of the Supreme Court and courts of appeal.Under the California Constitution, an incumbent judge of the Supreme Court or a court of appeal who seeks a successive term in office must file a declaration of candidacy. If a declaration is not filed, the Governor must nominate a candidate. At the next general election, the name of the candidate that is declared or nominated will appear on the ballot, which must present the question of whether the candidate should be elected.This measure would authorize the Legislature to enact a statute providing that if an incumbent judge of the Supreme Court or a court of appeal files a declaration of candidacy, the judges name will not appear on the ballot and the judge will instead be deemed elected, unless a petition is filed by a requisite number of voters requesting that the judges name appear on the ballot for a vote.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextResolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 202526 Regular Session, commencing on the second day of December 2024, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California that the Constitution of the State be amended as follows: That Section 16 of Article VI thereof is amended to read:SEC. 16. (a) Judges of the Supreme Court shall be elected at large and judges of courts of appeal shall be elected in their districts at general elections at the same time and places as the Governor. Their terms are 12 years beginning the Monday after January 1 following their election, except that a judge elected to an unexpired term serves the remainder of the term. In creating a new court of appeal district or division the Legislature shall provide that the first elective terms are 4, 8, and 12 years.(b) Judges of superior courts shall be elected in their counties at general elections except as otherwise necessary to meet the requirements of federal law. In the latter case the Legislature, by two-thirds vote of the membership of each house thereof, with the advice of judges within the affected court, may provide for their election by the system prescribed in subdivision (d), or by any other arrangement. The Legislature may provide that an unopposed incumbents name not appear on the ballot.(c) Terms of judges of superior courts are six years beginning the Monday after January 1 following their election. A vacancy shall be filled by election to a full term at the next general election after the second January 1 following the vacancy, but the Governor shall appoint a person to fill the vacancy temporarily until the elected judges term begins.(d) (1) Within 30 days before August 16 preceding the expiration of the judges term, a judge of the Supreme Court or a court of appeal may file a declaration of candidacy to succeed to the office presently held by the judge. If the declaration is not filed, the Governor before September 16 shall nominate a candidate. At Except as provided in paragraph (2), at the next general election, only the candidate so declared or nominated may appear on the ballot, which shall present the question whether the candidate shall be elected. The candidate shall be elected upon receiving a majority of the votes on the question. A candidate not elected may not be appointed to that court but later may be nominated and elected.(2) The Legislature may provide by statute that the name of a judge of the Supreme Court or a court of appeal who files a declaration of candidacy shall not appear on the ballot, and instead the judge shall be deemed elected, unless a petition requesting that the judges name appear on the ballot is filed by a requisite number of registered voters qualified to vote for the office. (2)(3) The Governor shall fill vacancies in those courts by appointment. An appointee holds office until the Monday after January 1 following the first general election at which the appointee had the right to become a candidate or until an elected judge qualifies. A nomination or appointment by the Governor is effective when confirmed by the Commission on Judicial Appointments.(3)(4) Electors of a county, by majority of those voting and in a manner the Legislature shall provide, may make this system of selection applicable to judges of superior courts. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Constitutional Amendment No. 8Introduced by Assembly Member PellerinFebruary 20, 2025 A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 16 of Article VI thereof, relating to the judiciary. LEGISLATIVE COUNSEL'S DIGESTACA 8, as introduced, Pellerin. Elections: incumbent judges of the Supreme Court and courts of appeal.Under the California Constitution, an incumbent judge of the Supreme Court or a court of appeal who seeks a successive term in office must file a declaration of candidacy. If a declaration is not filed, the Governor must nominate a candidate. At the next general election, the name of the candidate that is declared or nominated will appear on the ballot, which must present the question of whether the candidate should be elected.This measure would authorize the Legislature to enact a statute providing that if an incumbent judge of the Supreme Court or a court of appeal files a declaration of candidacy, the judges name will not appear on the ballot and the judge will instead be deemed elected, unless a petition is filed by a requisite number of voters requesting that the judges name appear on the ballot for a vote.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION |
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| 11 | 11 | | Assembly Constitutional Amendment |
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| 13 | 13 | | No. 8 |
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| 15 | 15 | | Introduced by Assembly Member PellerinFebruary 20, 2025 |
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| 17 | 17 | | Introduced by Assembly Member Pellerin |
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| 18 | 18 | | February 20, 2025 |
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| 20 | 20 | | A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 16 of Article VI thereof, relating to the judiciary. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | ACA 8, as introduced, Pellerin. Elections: incumbent judges of the Supreme Court and courts of appeal. |
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| 28 | 28 | | Under the California Constitution, an incumbent judge of the Supreme Court or a court of appeal who seeks a successive term in office must file a declaration of candidacy. If a declaration is not filed, the Governor must nominate a candidate. At the next general election, the name of the candidate that is declared or nominated will appear on the ballot, which must present the question of whether the candidate should be elected.This measure would authorize the Legislature to enact a statute providing that if an incumbent judge of the Supreme Court or a court of appeal files a declaration of candidacy, the judges name will not appear on the ballot and the judge will instead be deemed elected, unless a petition is filed by a requisite number of voters requesting that the judges name appear on the ballot for a vote. |
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| 30 | 30 | | Under the California Constitution, an incumbent judge of the Supreme Court or a court of appeal who seeks a successive term in office must file a declaration of candidacy. If a declaration is not filed, the Governor must nominate a candidate. At the next general election, the name of the candidate that is declared or nominated will appear on the ballot, which must present the question of whether the candidate should be elected. |
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| 32 | 32 | | This measure would authorize the Legislature to enact a statute providing that if an incumbent judge of the Supreme Court or a court of appeal files a declaration of candidacy, the judges name will not appear on the ballot and the judge will instead be deemed elected, unless a petition is filed by a requisite number of voters requesting that the judges name appear on the ballot for a vote. |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 202526 Regular Session, commencing on the second day of December 2024, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California that the Constitution of the State be amended as follows: |
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| 40 | 40 | | That Section 16 of Article VI thereof is amended to read:SEC. 16. (a) Judges of the Supreme Court shall be elected at large and judges of courts of appeal shall be elected in their districts at general elections at the same time and places as the Governor. Their terms are 12 years beginning the Monday after January 1 following their election, except that a judge elected to an unexpired term serves the remainder of the term. In creating a new court of appeal district or division the Legislature shall provide that the first elective terms are 4, 8, and 12 years.(b) Judges of superior courts shall be elected in their counties at general elections except as otherwise necessary to meet the requirements of federal law. In the latter case the Legislature, by two-thirds vote of the membership of each house thereof, with the advice of judges within the affected court, may provide for their election by the system prescribed in subdivision (d), or by any other arrangement. The Legislature may provide that an unopposed incumbents name not appear on the ballot.(c) Terms of judges of superior courts are six years beginning the Monday after January 1 following their election. A vacancy shall be filled by election to a full term at the next general election after the second January 1 following the vacancy, but the Governor shall appoint a person to fill the vacancy temporarily until the elected judges term begins.(d) (1) Within 30 days before August 16 preceding the expiration of the judges term, a judge of the Supreme Court or a court of appeal may file a declaration of candidacy to succeed to the office presently held by the judge. If the declaration is not filed, the Governor before September 16 shall nominate a candidate. At Except as provided in paragraph (2), at the next general election, only the candidate so declared or nominated may appear on the ballot, which shall present the question whether the candidate shall be elected. The candidate shall be elected upon receiving a majority of the votes on the question. A candidate not elected may not be appointed to that court but later may be nominated and elected.(2) The Legislature may provide by statute that the name of a judge of the Supreme Court or a court of appeal who files a declaration of candidacy shall not appear on the ballot, and instead the judge shall be deemed elected, unless a petition requesting that the judges name appear on the ballot is filed by a requisite number of registered voters qualified to vote for the office. (2)(3) The Governor shall fill vacancies in those courts by appointment. An appointee holds office until the Monday after January 1 following the first general election at which the appointee had the right to become a candidate or until an elected judge qualifies. A nomination or appointment by the Governor is effective when confirmed by the Commission on Judicial Appointments.(3)(4) Electors of a county, by majority of those voting and in a manner the Legislature shall provide, may make this system of selection applicable to judges of superior courts. |
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| 42 | 42 | | That Section 16 of Article VI thereof is amended to read: |
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| 44 | 44 | | ### |
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| 46 | 46 | | SEC. 16. (a) Judges of the Supreme Court shall be elected at large and judges of courts of appeal shall be elected in their districts at general elections at the same time and places as the Governor. Their terms are 12 years beginning the Monday after January 1 following their election, except that a judge elected to an unexpired term serves the remainder of the term. In creating a new court of appeal district or division the Legislature shall provide that the first elective terms are 4, 8, and 12 years.(b) Judges of superior courts shall be elected in their counties at general elections except as otherwise necessary to meet the requirements of federal law. In the latter case the Legislature, by two-thirds vote of the membership of each house thereof, with the advice of judges within the affected court, may provide for their election by the system prescribed in subdivision (d), or by any other arrangement. The Legislature may provide that an unopposed incumbents name not appear on the ballot.(c) Terms of judges of superior courts are six years beginning the Monday after January 1 following their election. A vacancy shall be filled by election to a full term at the next general election after the second January 1 following the vacancy, but the Governor shall appoint a person to fill the vacancy temporarily until the elected judges term begins.(d) (1) Within 30 days before August 16 preceding the expiration of the judges term, a judge of the Supreme Court or a court of appeal may file a declaration of candidacy to succeed to the office presently held by the judge. If the declaration is not filed, the Governor before September 16 shall nominate a candidate. At Except as provided in paragraph (2), at the next general election, only the candidate so declared or nominated may appear on the ballot, which shall present the question whether the candidate shall be elected. The candidate shall be elected upon receiving a majority of the votes on the question. A candidate not elected may not be appointed to that court but later may be nominated and elected.(2) The Legislature may provide by statute that the name of a judge of the Supreme Court or a court of appeal who files a declaration of candidacy shall not appear on the ballot, and instead the judge shall be deemed elected, unless a petition requesting that the judges name appear on the ballot is filed by a requisite number of registered voters qualified to vote for the office. (2)(3) The Governor shall fill vacancies in those courts by appointment. An appointee holds office until the Monday after January 1 following the first general election at which the appointee had the right to become a candidate or until an elected judge qualifies. A nomination or appointment by the Governor is effective when confirmed by the Commission on Judicial Appointments.(3)(4) Electors of a county, by majority of those voting and in a manner the Legislature shall provide, may make this system of selection applicable to judges of superior courts. |
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| 48 | 48 | | SEC. 16. (a) Judges of the Supreme Court shall be elected at large and judges of courts of appeal shall be elected in their districts at general elections at the same time and places as the Governor. Their terms are 12 years beginning the Monday after January 1 following their election, except that a judge elected to an unexpired term serves the remainder of the term. In creating a new court of appeal district or division the Legislature shall provide that the first elective terms are 4, 8, and 12 years.(b) Judges of superior courts shall be elected in their counties at general elections except as otherwise necessary to meet the requirements of federal law. In the latter case the Legislature, by two-thirds vote of the membership of each house thereof, with the advice of judges within the affected court, may provide for their election by the system prescribed in subdivision (d), or by any other arrangement. The Legislature may provide that an unopposed incumbents name not appear on the ballot.(c) Terms of judges of superior courts are six years beginning the Monday after January 1 following their election. A vacancy shall be filled by election to a full term at the next general election after the second January 1 following the vacancy, but the Governor shall appoint a person to fill the vacancy temporarily until the elected judges term begins.(d) (1) Within 30 days before August 16 preceding the expiration of the judges term, a judge of the Supreme Court or a court of appeal may file a declaration of candidacy to succeed to the office presently held by the judge. If the declaration is not filed, the Governor before September 16 shall nominate a candidate. At Except as provided in paragraph (2), at the next general election, only the candidate so declared or nominated may appear on the ballot, which shall present the question whether the candidate shall be elected. The candidate shall be elected upon receiving a majority of the votes on the question. A candidate not elected may not be appointed to that court but later may be nominated and elected.(2) The Legislature may provide by statute that the name of a judge of the Supreme Court or a court of appeal who files a declaration of candidacy shall not appear on the ballot, and instead the judge shall be deemed elected, unless a petition requesting that the judges name appear on the ballot is filed by a requisite number of registered voters qualified to vote for the office. (2)(3) The Governor shall fill vacancies in those courts by appointment. An appointee holds office until the Monday after January 1 following the first general election at which the appointee had the right to become a candidate or until an elected judge qualifies. A nomination or appointment by the Governor is effective when confirmed by the Commission on Judicial Appointments.(3)(4) Electors of a county, by majority of those voting and in a manner the Legislature shall provide, may make this system of selection applicable to judges of superior courts. |
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| 50 | 50 | | SEC. 16. (a) Judges of the Supreme Court shall be elected at large and judges of courts of appeal shall be elected in their districts at general elections at the same time and places as the Governor. Their terms are 12 years beginning the Monday after January 1 following their election, except that a judge elected to an unexpired term serves the remainder of the term. In creating a new court of appeal district or division the Legislature shall provide that the first elective terms are 4, 8, and 12 years.(b) Judges of superior courts shall be elected in their counties at general elections except as otherwise necessary to meet the requirements of federal law. In the latter case the Legislature, by two-thirds vote of the membership of each house thereof, with the advice of judges within the affected court, may provide for their election by the system prescribed in subdivision (d), or by any other arrangement. The Legislature may provide that an unopposed incumbents name not appear on the ballot.(c) Terms of judges of superior courts are six years beginning the Monday after January 1 following their election. A vacancy shall be filled by election to a full term at the next general election after the second January 1 following the vacancy, but the Governor shall appoint a person to fill the vacancy temporarily until the elected judges term begins.(d) (1) Within 30 days before August 16 preceding the expiration of the judges term, a judge of the Supreme Court or a court of appeal may file a declaration of candidacy to succeed to the office presently held by the judge. If the declaration is not filed, the Governor before September 16 shall nominate a candidate. At Except as provided in paragraph (2), at the next general election, only the candidate so declared or nominated may appear on the ballot, which shall present the question whether the candidate shall be elected. The candidate shall be elected upon receiving a majority of the votes on the question. A candidate not elected may not be appointed to that court but later may be nominated and elected.(2) The Legislature may provide by statute that the name of a judge of the Supreme Court or a court of appeal who files a declaration of candidacy shall not appear on the ballot, and instead the judge shall be deemed elected, unless a petition requesting that the judges name appear on the ballot is filed by a requisite number of registered voters qualified to vote for the office. (2)(3) The Governor shall fill vacancies in those courts by appointment. An appointee holds office until the Monday after January 1 following the first general election at which the appointee had the right to become a candidate or until an elected judge qualifies. A nomination or appointment by the Governor is effective when confirmed by the Commission on Judicial Appointments.(3)(4) Electors of a county, by majority of those voting and in a manner the Legislature shall provide, may make this system of selection applicable to judges of superior courts. |
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| 54 | 54 | | SEC. 16. (a) Judges of the Supreme Court shall be elected at large and judges of courts of appeal shall be elected in their districts at general elections at the same time and places as the Governor. Their terms are 12 years beginning the Monday after January 1 following their election, except that a judge elected to an unexpired term serves the remainder of the term. In creating a new court of appeal district or division the Legislature shall provide that the first elective terms are 4, 8, and 12 years. |
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| 56 | 56 | | (b) Judges of superior courts shall be elected in their counties at general elections except as otherwise necessary to meet the requirements of federal law. In the latter case the Legislature, by two-thirds vote of the membership of each house thereof, with the advice of judges within the affected court, may provide for their election by the system prescribed in subdivision (d), or by any other arrangement. The Legislature may provide that an unopposed incumbents name not appear on the ballot. |
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| 58 | 58 | | (c) Terms of judges of superior courts are six years beginning the Monday after January 1 following their election. A vacancy shall be filled by election to a full term at the next general election after the second January 1 following the vacancy, but the Governor shall appoint a person to fill the vacancy temporarily until the elected judges term begins. |
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| 60 | 60 | | (d) (1) Within 30 days before August 16 preceding the expiration of the judges term, a judge of the Supreme Court or a court of appeal may file a declaration of candidacy to succeed to the office presently held by the judge. If the declaration is not filed, the Governor before September 16 shall nominate a candidate. At Except as provided in paragraph (2), at the next general election, only the candidate so declared or nominated may appear on the ballot, which shall present the question whether the candidate shall be elected. The candidate shall be elected upon receiving a majority of the votes on the question. A candidate not elected may not be appointed to that court but later may be nominated and elected. |
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| 62 | 62 | | (2) The Legislature may provide by statute that the name of a judge of the Supreme Court or a court of appeal who files a declaration of candidacy shall not appear on the ballot, and instead the judge shall be deemed elected, unless a petition requesting that the judges name appear on the ballot is filed by a requisite number of registered voters qualified to vote for the office. |
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| 64 | 64 | | (2) |
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| 68 | 68 | | (3) The Governor shall fill vacancies in those courts by appointment. An appointee holds office until the Monday after January 1 following the first general election at which the appointee had the right to become a candidate or until an elected judge qualifies. A nomination or appointment by the Governor is effective when confirmed by the Commission on Judicial Appointments. |
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| 70 | 70 | | (3) |
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| 74 | 74 | | (4) Electors of a county, by majority of those voting and in a manner the Legislature shall provide, may make this system of selection applicable to judges of superior courts. |
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