ARTICLE 1. TITLE
- This law shall be known as the California Self-Determination Referendum Act, and shall be added as the next available numerical Division to the Elections Code.
ARTICLE 2. OBJECTIVE
- This Act governs the holding of a binding self-determination referendum on the independence of California and its effects from the United States.
ARTICLE 3. SOVEREIGNTY OF CALIFORNIA AND ITS LEGISLATURE
- The people of California are a sovereign political subject and, as such, exercise their right to freely and democratically decide upon their political condition.
- The Legislature of California acts as the representative of the sovereignty of the people of California and is responsible for implementing the collective general will, which shall be established through the self-determination referendum held under this Act.
- This Act establishes a legal regime aimed at governing and guaranteeing the self-determination referendum of California. It has hierarchical prevalence over any other regulations that may come into conflict with it, in that it governs the exercising of a fundamental and inalienable right of the people of California.
- Pursuant to Article VI of the United States Constitution, treaties made under the Authority of the United States are the supreme law of the land and supersede the California State Constitution. The Charter of the United Nations, a treaty ratified under the Authority of the United States, guarantees the right of peoples to self-determination and the people of California hereby exercise that right through this Act.
ARTICLE 4. SELF-DETERMINATION REFERENDUM
- The people of California are called upon to decide the political future of California by means of holding a referendum, the terms of which are detailed in this Article.
- The question to be asked in the referendum is: “Do you want California to be an independent country in the form of a republic?”
- The result of the referendum shall be binding in nature.
- Pursuant to Article I, Section 3 of the California Constitution, the people of California have a right to “instruct their representatives,” and do hereby instruct their representatives in the Legislature, as follows: Pursuant to Section 24008 of this Article, if the counting of votes validly cast gives a result of more affirmative than negative votes, the Legislature shall, within seven days of the certification of the results, hold an ordinary session to issue the formal declaration of independence of California and its effects from the United States.
- If the counting of votes cast gives a result of more negative than affirmative votes, the Legislature shall take no action.
- The scope of the referendum is the entire territory of California, and those persons with the right to vote in state elections shall be able to vote, if registered in accordance with existing state election laws. Those Californians resident abroad whose most recent registration to vote was in California shall also be entitled to vote.
- The ballot papers shall contain the question established in Section 24007. The question shall be worded in English and Spanish on all ballots, paper and electronic.
- There shall be a specimen ballot paper: a ballot paper with the question and the words ‘Yes’ and ‘No’ (‘Sí’ and ‘No’) in boxes.
- The vote may be affirmative (Yes/Sí), or negative (No), depending upon the option marked by the voter, or blank if neither of the two options is chosen.
- The referendum shall be held on Tuesday, May 4, 2021.
- California government agencies must remain neutral in the referendum campaign and no state, county, or local government worker or civil servant may utilize public funds or resources to promote or oppose the referendum campaign.
- The Government of California shall encourage the presence of international election observers. To this end, international election observers are invited to observe and monitor the carrying out and implementation of the referendum.
- The California Secretary of State shall accredit international election observers and shall ensure the unfettered carrying out of their activities.
- Accredited international election observers may freely attend all processes associated with the holding of the referendum, including, but not limited to, the preparation for the opening of polling stations, the voting process, the collection of ballots, the counting of ballots, and the certification of the results.