California’s supermajority vote requirements kick in for a defined set of legislative and ballot actions: raising taxes, passing urgency statutes, proposing constitutional amendments, overriding a governor’s veto, appropriating General Fund money outside the budget, expelling or suspending legislators, convicting impeached officials, and approving local special taxes. In the 80-seat Assembly, two-thirds means 54 votes. In the 40-seat Senate, it means 27. Most other bills pass with a simple majority (41 and 21). The higher bar is reserved for decisions the state constitution treats as too consequential to leave to a bare majority.
Raising State Taxes
Any change in state law that results in any taxpayer paying a higher tax must clear two-thirds of both houses. This comes from Proposition 13, approved in 1978, which wrote the requirement into Article XIII A of the state constitution.1California Legislative Information. California Constitution Article XIII A The test is not whether total state revenue goes up. If any individual taxpayer would owe more, the supermajority applies.
Proposition 26, passed in 2010, broadened what counts as a “tax” for this purpose. Charges that lawmakers had previously imposed as “fees” or “levies” by simple majority were reclassified as taxes, pulling them under the two-thirds rule.2Legislative Analyst’s Office. Proposition 26 The Legislature has narrow room to raise revenue without bipartisan agreement, because even a restructured fee can trip the threshold if it raises what someone pays.
The Budget and Other Appropriations
The annual state budget used to require two-thirds. Proposition 25, approved in 2010, changed it to a simple majority. The budget bill and related spending bills identified in it now pass with 41 in the Assembly and 21 in the Senate.3California Legislative Information. California Constitution Article IV – Section 12 Prop 25 also docks legislator pay for every day the budget misses the June 15 deadline.4Legislative Analyst’s Office. Proposition 25 – Changes Legislative Vote Requirement to Pass a Budget
Two things Prop 25 did not touch. General Fund appropriations that are not part of the budget package still need two-thirds, with an exception for public school funding.3California Legislative Information. California Constitution Article IV – Section 12 And the two-thirds vote for tax increases remains intact, so the budget process cannot be used to pass a tax hike at the lower threshold.
Urgency Statutes
New California laws normally take effect on January 1 of the year after the governor signs them. An urgency statute takes effect immediately. Because immediate enactment cuts off the public’s window to file a referendum, the constitution requires two-thirds in each house to pass one. The bill must also contain a separate section explaining why the law is needed for public peace, health, or safety, and that section gets its own vote.5California Legislative Information. California Constitution Article IV – Section 8
Constitutional Amendments Proposed by the Legislature
The Legislature can propose amendments to the state constitution, but only with a two-thirds vote in each house. The vote does not change the constitution on its own. It places the amendment on the statewide ballot, where a simple majority of voters decides.6California Legislative Information. California Constitution Article XVIII The same two-thirds vote is needed if the Legislature later wants to withdraw or modify a proposal it has submitted.
This is separate from the citizen initiative process, where voters qualify amendments by signature. Legislatively proposed amendments have to clear the supermajority in Sacramento before the public sees them.
Overriding a Governor’s Veto
When the governor vetoes a bill, the Legislature can override it with a two-thirds vote in each house. The bill returns to the house of origin, and if both chambers reach the threshold by recorded vote, it becomes law without the governor’s signature. The same rule applies to line-item vetoes on appropriations, where each reduced or eliminated item can be reconsidered and restored by two-thirds of each house.7Justia Law. California Constitution Article IV – Legislative – Section 10 Overrides are rare in practice. As long as either party holds more than one-third of one chamber, a governor from that party can usually sustain a veto.
Disciplining Legislators and Impeachment
Each house can expel one of its own members by a two-thirds vote.8Justia Law. California Constitution Article IV – Legislative – Section 5 Proposition 50, approved in 2016, added a lesser option: each house can suspend a member by the same two-thirds vote, with authority to strip salary and benefits during the suspension.9California Secretary of State. Proposition 50 – Suspension of Legislators Suspension lasts until a set date or until two-thirds of the house votes to end it.
For impeachment of state officers, the Assembly brings the charges and the Senate holds the trial. Conviction requires two-thirds of the full Senate membership.10Justia Law. California Constitution Article IV – Legislative – Section 18 The constitution does not set a specific vote threshold for the Assembly to impeach.
Changing Voter-Approved Initiatives
Once voters pass an initiative statute, the Legislature usually cannot amend or repeal it without sending the change back to voters.11Justia Law. California Constitution Article II – Voting, Initiative and Referendum – Section 10 Some initiatives, though, include their own amendment clauses. The Political Reform Act of 1974 lets the Legislature amend it to further the act’s purposes, but only with a two-thirds vote of each house.12LegiScan. California Assembly Bill 1789 Each initiative sets its own rule. Some allow simple-majority amendments, some require two-thirds, and many require voter approval for any change at all.
Local Taxes and School Bonds
Supermajority rules also apply at the ballot box for local taxes, and the threshold depends on how the revenue will be used.
Special Taxes
A local tax dedicated to a specific purpose (parks, fire, libraries, and so on) is a special tax and requires two-thirds voter approval. Proposition 13 established the rule and Proposition 218 reinforced it, and it applies to cities, counties, and special districts.13Legislative Analyst’s Office. Understanding Proposition 218 Local measures sometimes fail with 60 percent or more support because they still fall short of two-thirds.
General Taxes
A tax that goes into the local general fund for any lawful purpose is a general tax and passes with a simple majority.14Legislative Analyst’s Office. Overview of Proposition 218 – The Right to Vote on Taxes Initiative The catch: if the ballot measure directs the money to a specific use, it becomes a special tax and the two-thirds threshold applies, no matter what the local government calls it.
School Facility Bonds
Proposition 39, approved in 2000, set a middle threshold for school construction. Local general obligation bonds for building, renovating, or equipping school facilities can pass with 55 percent voter approval instead of two-thirds. The lower threshold comes with conditions: the measure must list specific projects, the school board must certify it evaluated safety and class-size needs, and independent financial and performance audits are required annually until the bond funds are spent.15Legislative Analyst’s Office. Proposition 39 – School Facilities, 55% Local Vote, Bonds, Taxes, Accountability Requirements Prop 39 also caps the property tax rate that can be levied to repay these bonds, and those limits must be disclosed before the election.16California Debt and Investment Advisory Commission. Measuring K-14 Property Tax Rates Against Proposition 39 Limits
Quick Reference
- State tax increases: two-thirds of each house of the Legislature
- General Fund appropriations outside the budget: two-thirds of each house, except public school funding
- Urgency statutes: two-thirds of each house
- Legislatively proposed constitutional amendments: two-thirds of each house to place on the ballot
- Veto overrides (including line-item vetoes): two-thirds of each house
- Expelling or suspending a legislator: two-thirds of the member’s house
- Impeachment conviction: two-thirds of the Senate
- Amending some voter-approved initiatives: varies by initiative; often two-thirds when allowed at all
- Local special taxes: two-thirds voter approval
- School facility bonds under Prop 39: 55 percent voter approval with accountability requirements
- Local general taxes: simple majority of voters
- State budget bill: simple majority of each house since Prop 25