California Proposition 71, Effective Date of Ballot Measures Amendment (June 2018)
- General election: Nov. 6
- Voter registration deadline: Oct. 22
- Early voting: Oct. 8 - Nov. 5
- Absentee voting deadline: Postmark Nov. 6
- Online registration: Yes
- Same-day registration: Yes
- Voter ID: No
- Poll times: 7:00 a.m. to 8:00 p.m.
California Proposition 71 | |
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Election date June 5, 2018 | |
Topic Direct democracy measures | |
Status![]() | |
Type Constitutional amendment | Origin State legislature |
California Proposition 71, the Effective Date of Ballot Measures Amendment, was on the ballot in California as a legislatively referred constitutional amendment on June 5, 2018.[1] The measure was approved.
A "yes" vote supported this amendment to move the effective date of ballot propositions, including citizen initiatives and legislative referrals, from the day after election day to the fifth day after the secretary of state certifies election results. |
A "no" vote opposed this amendment to move the effective date of ballot propositions from the day after election day to the fifth day after the secretary of state certifies election results. |
Election results
California Proposition 71 |
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Result | Votes | Prozentualer Anteil | ||
4,527,073 | 77.85% | |||
No | 1,288,385 | 22.15% |
Übersicht
What did Proposition 71 change about when ballot measures go into effect?
Heading into 2018, voter-approved ballot propositions went into effect on the day following the election date, unless the ballot proposition's language specified a different date. Proposition 71 moved the effective date of ballot propositions to the fifth day after the secretary of state certifies election results, rather than the day after the election. As of 2018, the secretary of state was required to certify election results no later than the 38th day after the election.
For example, when voters approved Proposition 64 on November 8, 2016, the recreational use of marijuana became legal under state law on November 9, 2016. If Proposition 64 was approved under the process outlined by Proposition 71, the recreational use of marijuana would have become legal on December 17, 2016.
How did Proposition 71 get on the ballot?
Both chambers of the California State Legislature voted without opposition to refer Proposition 71 to the ballot. The state Senate gave unanimous approval to the measure. All but one member of the state Assembly, who did not vote, supported sending the measure to the ballot.
Why was Proposition 71 on the ballot?
According to the Senate Committee on Appropriations, the ballot proposition was intended to account for the process of counting vote-by-mail ballots. As of 2018, vote-by-mail ballots were allowed to be counted by election officials if they were cast by election day and received no later than three days after the election.[2] At the 2016 general election, 51 percent of registered voters were enrolled to vote-by-mail.[3] Although there was no organized opposition to Proposition 71, Gary Wesley, who wrote the official argument against the measure, said the amendment was a solution in search of a problem as propositions cannot be certified until the outcome is determined.[4]
Text of measure
Ballot title
The ballot title was as follows:[4]
" | Sets Effective Date for Ballot Measures. Legislative Constitutional Amendment.[5] | ” |
Ballot summary
The ballot summary was as follows:[4]
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Fiscal impact statement
The fiscal impact statement was as follows:[4]
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Constitutional changes
- See also: Article II and Article XVIII of the California Constitution
The measure amended Section 10 of Article II and Section 4 of Article XVIII of the California Constitution. The following underlined text was added and struck-through text was deleted:[1]
Note: Use your mouse to scroll over the below text to see the full text.
Section 10 of Article II (a) An initiative statute or referendum approved by a majority of votes cast thereon takes effect on the fifth day after the (b) If provisions of (c) The Legislature may amend or repeal a referendum (d) (e) The Legislature shall provide for the manner in which Section 4 of Article XVIII A proposed amendment or revision shall be submitted to the electors and, if approved by a majority of votes casts thereon, takes effect on the fifth day after the |
Readability score
- See also: Ballot measure readability scores, 2018
Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The California attorney general wrote the ballot language for this measure.
In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here. During the 10-year period from 1997 to 2007, political scientists Shauna Reilly and Sean Richey found that average California ballot title score was equivalent to 13 years of U.S. formal education. |
Support
Supporters
Officials
- Asm. Kevin Mullin (D-22)[2]
- Asm. Marc Berman (D-24)[4]
- Sen. Henry Stern (D-27)[4]
Parties
Organizations
- Rural County Representatives of California[7]
Arguments
Asm. Kevin Mullin (D-22) provided an argument in support of the amendment in the Senate Floor Analysis of ACA 17. He stated:[2]
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[In] 2016, with millions of ballots still left to be counted, initiatives and referenda deemed to have passed went into effect the day after the election, unless specified otherwise in the language of the measure. Even before the vote had been finalized and certified, these measures were considered law. This begs the question: what if a measure that was deemed to have passed was in fact shown not to have received enough votes by the certification of the vote? Allowing initiatives and referenda to go into effect essentially immediately following the election has the potential to create confusion and even the potential for an erroneous perceived change in the law. This problem is exacerbated by the increase in vote-by-mail (VBM), which has led to longer times in counting ballots as many VBM ballots arrive on, or up to three days after, Election Day. Additionally, processing these VBM ballots takes longer - elections officials must confirm each voter's registration status, verify each voter's signature on the vote-by-mail envelope, and ensure each person did not vote elsewhere in the same election. After a statewide election counties must send their certified election results to the Secretary of State up to 30 days after Election Day. Following that, the Secretary of State has seven days to compile the complete Statement of Vote (SOV), containing the official results. ACA 1 will delay the enactment of initiative or referenda until five days after the Secretary of State releases the SOV. By delaying the enactment until after the vote has been certified, this measure ensures that the true and correct implementation of ballot measures occurs.[5] |
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Official arguments
Asm. Kevin Mullin (D-22), Ralph E. Shaffer, professor emeritus of history at Cal Poly Pomona, and Helen Hutchinson, president of the League of Women Voters of California, wrote the official argument in support of Proposition 71 found in the state's voter guide:[4]
Proposition 71 provides that an initiative statute, referendum, or constitutional amendment approved by the voters takes effect after the Secretary of State has fully and completely counted all the votes and files the Statement of Vote. Under existing law an initiative statute, referendum, or constitutional amendment approved by the voters takes effect on the day after the election, unless otherwise specified by the measure itself. However, existing law has created some uncertainty for Californians who are directly impacted by propositions. An example was Proposition 67 (2016), a referendum relating to the ban on singleuse plastic bags, signed into law by the Governor in 2014. Californians voted in favor of Proposition 67 which allowed the ban to stand, however questions remained as to when the actual ban, established by the Legislature, would go into effect. Proposition 71 will prevent such confusion in future elections by shifting the implementation date of measures to after election results are certified by the Secretary of State, providing a clear effective date for statewide propositions. Proposition 71 will enhance the accuracy of statewide election results. In 2016, 53% of all voters (about 9.2 million Californians) were registered to vote-by-mail. Given the convenience, it is likely that the trend toward more voters choosing to vote-by-mail will increase. This trend, while positively encouraging voter participation, has also lengthened the time it takes to count ballots. Elections officials must confirm each voter’s registration status and verify each voter’s signature on the vote-by-mail envelope. Additionally, mailed ballots may arrive at county elections offices on, or up to three days after, Election Day. In some instances, election results can be very close. History has shown that results of an election contest can change after the Election Day vote tally. Shifting the implementation date of initiatives, referenda, and constitutional amendments to after election results have been certified by the Secretary of State will ensure the true and correct implementation of ballot measures. Please vote “YES”on Proposition 71. |
Opposition
Arguments
Official arguments
Gary Wesley wrote the official argument against Proposition 71 found in the state's voter guide:[4]
This is a proposal by the State Legislature to amend two provisions of the California Constitution regarding most statewide ballot measures. Some ballot measures (including this one) are proposed by the State Legislature; others qualify for the ballot through the voter petition process. Anytime the State Legislature proposes to change the process, the proposal is worth examining carefully. Most legislators would not likely favor measures that qualify for the ballot through the petition process. Usually, the petition process is used when the Legislature will not make a change on its own or has passed a law that voters want to suspend and eliminate by “referendum.” There is some danger in this measure that the State Legislature could, in the future and by its own enactment, delay how long the Secretary of State may take to declare the outcome of elections on measures (currently 38 days) and thereby undermine the process. The Legislature’s summary of this measure (in what’s called Assembly Constitutional Amendment 17—“ACA 17”) reads as follows: The California Constitution provides that an initiative statute, referendum, or constitutional amendment or revision approved by a majority of voters thereon takes effect the day after the election unless the measure provides otherwise. Existing law requires the Secretary of State to compile the results of all statewide measures, and to prepare, certify, and file a statement of the vote from the compiled results no later than the 38th day after the election. This measure would instead provide that an initiative statute, a referendum, or a constitutional amendment or revision approved by a majority of voters thereon takes effect 5 days after the Secretary of State files the statement of the vote for the election at which the measure is voted on, and the measure clarifies that an initiative statute, referendum, or constitutional amendment or revision may provide that it become operative after its effective date. This measure would also make nonsubstantive changes to these provisions. While the summary is correct, some folks may wonder whether the Legislature is addressing a real problem with the existing Constitutional language (adopted way back in 1970). No law enacted by voters can ever take effect before the outcome of the vote has been determined. As currently written, the language makes changes retroactive to the day after an election (unless the enacted change otherwise provides). The amendments proposed by this measure would eliminate such an early (and retroactive) effective date for a law enacted by state voters. Maybe proponents will explain more about why this measure is needed. |
Media editorials
Support
- The Desert Sun said, "Proposition 71 was placed on the ballot by unanimous bipartisan votes of both the state Assembly and Senate. It deserves overwhelming voter approval as well. Vote yes on Proposition 71."[8]
- Los Angeles Times said, "The potential for a law to be wrongly put into effect grows every year as more voters cast mail ballots and the count on the day after the election becomes less reliable. ... Proposition 71 was placed on the ballot with the unanimous support of both houses of the Legislature. It deserves a unanimous yes from voters as well."[9]
- The Mercury News said, "Proposition 71 would clarify when a ballot initiative goes into effect in California and prevent a situation that could turn into an ugly legal fight. Voters should give it overwhelming support on June 5."[10]
- Monterey County Herald said, "Proposition 71, on the other hand, is straight forward, providing a common-sense solution to a non-political election issue that has widespread, bipartisan support."[11]
- The Orange County Register said, "Proposition 71 is an uncontroversial, reasonable adjustment to the timing of when a ballot initiative, referendum or constitutional amendment approved by voters goes into effect."[12]
- The Press-Democrat said, "This is a simple cleanup measure. Because it can take almost a month to count ballots, this would change the effective date for initiatives to five days after the results are certified."[13]
- The Sacramento Bee said, "Yes. Of all the initiatives, this is probably the most needed. Right now under the state constitution, all propositions that appear likely to pass on election night automatically become law the next day. That may have been fine when the state was young, but absentee and provisional ballots and voting by mail can now add weeks to the time it takes to determine an election’s outcome. The result is a real potential for ballot measures to take effect, and then turn out to be defeated and have to be rolled back."[14]
- San Diego Union-Tribune said, "Proposition 71 would fix a glitch in state law that lets ballot measures that seem to have won approval take effect the day after an election — before all votes are counted and voting tallies are official."[15]
- San Francisco Chronicle said, "Under longtime rules, a result can take effect right away, even if the results are incomplete. This measure would delay the effect until the votes are counted, a process that assures the true outcome is tallied, not just the election night total. Vote Yes."[16]
Opposition
Ballotpedia did not find any media editorial boards opposing Proposition 71. If you are aware of an editorial, please email it to [email protected].
Background
Effective date of ballot initiatives by state
As of June 2018, California was one of four states where voter-approved ballot initiatives take effect upon voter approval, unless the initiative specified a different date. The other three states were Idaho, Missouri, and Oklahoma. In neighboring Oregon, ballot measures go into effect 30 days after voter approval. As of 2018, Nevada ballot measures went into effect when the Nevada Supreme Court completed a canvass of votes, which occurs by the fourth Tuesday in November. Likewise, in Arizona, ballot measures went into effect when the state completed a canvass of votes.
The following table shows when ballot initiatives went into effect in each state as of 2018:
Effective date of ballot initiatives by state | ||
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State | Effective date | |
Alaska | 90 days after voter approval | |
Arizona | Completion of official canvas | |
Arkansas | 30 days after voter approval | |
California | 1 day after voter approval | |
Colorado | 30 days after the official canvas | |
Florida | 1st Tuesday after the 1st Monday in Januarys | |
Idaho | Upon approval of voters | |
Illinois | Completion of official canvas | |
Maine | 30 days after governor's proclamation of official results (45 days after start of the next legislative session for initiatives needing funding sources) | |
Massachusetts | 30 days after voters approval | |
Michigan | 10 days after official canvas for statutes and 45 days after official canvas for amendments | |
Mississippi | 30 days after official canvas | |
Missouri | Upon approval of voters | |
Montana | October 1 of following year | |
Nebraska | Upon governor's proclamation of official results | |
Nevada | Completion of official canvas | |
North Dakota | 30 days after voters approval | |
Ohio | 30 days after voters approval | |
Oklahoma | Upon approval of voters | |
Oregon | 30 days after voters approval | |
South Dakota | Completion of official canvas | |
Utah | 5 days after governor's proclamation of official results | |
Washington | 30 days after voters approval | |
Wyoming | 90 days after completion of official canvas |
Vote-by-mail in California
According to the Senate Committee on Appropriations, the ballot proposition was intended to account for the process of counting vote-by-mail ballots. As of 2018, vote-by-mail ballots were allowed to be counted by election officials if they were cast by election day and received no later than three days after the election.[2]
Before 1978, Californians were able to acquire ballots to vote on from home and send in the mail for specific reasons, such as illness. Starting in 1978, voters were allowed to receive a vote-by-mail ballot for any reason by requesting one for each election. In 2001, the state began allowing voters to permanently sign up for vote-by-mail ballots.[17] In 2007 and 2014, the legislature passed bills to allow voters to sign up for permanent vote-by-mail status using other means besides sending a written application to an elections office.
- In 2007, the state legislature passed Assembly Bill 1243 (AB 1243), which allowed voters to sign up electronically for permanent vote-by-mail status through their local elections officials' webpage.[18]
- In 2014, the state legislature approved Assembly Bill 530 (AB 530), which allowed voters to sign up for permanent vote-by-mail statute by calling their local election officials on a telephone.[19]
The California State Legislature approved Senate Bill 450 (SB 450) in August 2016, and Gov. Brown signed the bill on September 29, 2016. SB 450 was designed to allow counties to conduct elections where all voters are mailed an election ballot to return through the mail or to drop off at a vote center or designed drop-off location beginning in 2018 for 14 counties and 2020 for the remaining counties. SB 450 received support from Secretary of State Alex Padilla (D). The Howard Jarvis Taxpayers Association was opposed to the bill. The legislation passed the state Assembly in a 51-26 vote and the state Senate in a 27-11 vote.[20]
The following graph depicts the percentage of registered California voters who had permanent vote-by-mail status at each general election between 2002 and 2016:[3]
Referred amendments on the ballot
From 1996 through 2016, the California State Legislature referred 28 constitutional amendments to the ballot. Voters approved 24 and rejected four of the referred amendments. Most of the amendments (23 of 28) were referred to the ballot during even-numbered election years. The average number of amendments appearing on the ballot during an even-numbered election year was two. In 2016, one referred amendment was on the ballot. The approval rate at the ballot box was 85.71 percent during the 20-year period from 1996 through 2016. The rejection rate was 14.29 percent.
Legislatively referred constitutional amendments, 1996-2016 | |||||||||
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Years | Total number | Approved | Percent approved | Defeated | Percent defeated | Annual average | Annual median | Annual minimum | Annual maximum |
Even years | 23 | 23 | 100.00% | 0 | 0.00% | 2.09 | 2.00 | 0 | 6 |
Odd years | 5 | 1 | 20.00% | 4 | 80.00% | 0.45 | 0.00 | 0 | 4 |
All years | 28 | 24 | 85.71% | 4 | 14.29% | 1.27 | 0.50 | 0 | 6 |
Campaign finance
Total campaign contributions: | |
Support: | $0.00 |
Opposition: | $0.00 |
There were no ballot measure committees registered in support of the measure or in opposition to the measure.[21]
Reporting dates
In California, ballot measure committees filed a total of four campaign finance reports in 2018. The filing dates for reports were as follows:[22]
Campaign finance reporting dates for June 2018 ballot | ||
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Date | Bericht | Period |
1/31/2018 | Annual Report for 2017 | 1/01/2017 - 12/31/2017 |
4/26/2018 | Report #1 | 1/01/2018 - 4/21/2018 |
5/24/2018 | Report #2 | 4/22/2018 - 5/19/2018 |
7/31/2018 | Report #3 | 5/20/2018 - 6/30/2018 |
1/31/2019 | Annual Report for 2018 | 1/01/2018 - 12/31/2018 |
Path to the ballot
- See also: Amending the California Constitution
In California, a constitutional amendment must be passed by a two-thirds vote in each chamber of the California State Legislature during one legislative session.
Asm. Kevin Mullin (D-22) introduced a version of the amendment into the state legislature as Assembly Constitutional Amendment 1 (ACA 1) on December 5, 2016. The California State Assembly approved the amendment 75 to 0 with five members not voting on May 31, 2017. On July 13, 2017, ACA 1 rewritten to no longer address the effective date of ballot measures. Rather, ACA 1 was designed create a Greenhouse Gas Reduction Reserve Fund.[23]
Asm. Mullin reintroduced the amendment as Assembly Constitution Amendment 17 (ACA 17) on July 19, 2017. The state Assembly approved the amendment 78 to 0 with one member not voting on August 24, 2017. There was also one vacant seat at the time. On September 14, 2017, the state Senate voted 40-0, a unanimous vote, to approve the amendment. The measure was sent for enrollment on the same day.[2]
September 15, 2017, was the last day of the 2017 regular legislative session that the legislature was allowed to pass bills.
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How to cast a vote
- See also: Voting in California
Poll times
All polls in California are open from 7:00 a.m. to 8:00 p.m. Pacific Time. An individual who is in line at the time polls close must be allowed to vote.[24]
Registration requirements
- Check your voter registration status here.
To vote in California, an individual must be a U.S. citizen and California resident. A voter must be at least 18 years of age on Election Day. Pre-registration is available at 16 years of age. Pre-registered voters are automatically registered to vote when they turn 18.[25]
Automatic registration
California automatically registers eligible individuals to vote when they complete a driver's license, identification (ID) card, or change of address transaction through the Department of Motor Vehicles. Learn more by visiting this website.
Online registration
- See also: Online voter registration
California has implemented an online voter registration system. Residents can register to vote by visiting this website.
Same-day registration
California allows same-day voter registration.
Californians must be registered to vote at least 15 days before Election Day. If the registration deadline has passed for an upcoming election, voters may visit a location designated by their county elections official during the 14 days prior to, and including Election Day to conditionally register to vote and vote a provisional ballot, which are counted once county election officials have completed the voter registration verification process. The state refers to this process as Same Day Voter Registration.[26][27]
Residency requirements
To register to vote in California, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible.
Verification of citizenship
California's constitution requires that voters be U.S. citizens. When registering to vote, proof of citizenship is not required. Individuals who become U.S. citizens less than 15 days before an election must bring proof of citizenship to their county elections office to register to vote in that election.[26]
Verifying your registration
The secretary of state's My Voter Status website allows residents to check their voter registration status online.
Voter ID requirements
California does not require voters to present identification before casting a ballot in most cases . However, some voters may be asked to show a form of identification when voting if they are voting for the first time after registering to vote by mail and did not provide a driver license number, California identification number, or the last four digits of their social security number.[28][29]
The following list of accepted ID was current as of August 2024. Click here for the California Secretary of State page to ensure you have the most current information.
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See also
External links
Recent news
The link below is to the most recent stories in a Google news search for the terms California 2018 Effective Date Ballot Measures Amendment. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
Footnotes
- ↑ 1.0 1.1 California Legislature, "Assembly Constitutional Amendment 17," accessed August 28, 2017
- ↑ 2.0 2.1 2.2 2.3 2.4 California Legislature, "ACA 17 Overview," accessed August 28, 2017
- ↑ 3.0 3.1 California Secretary of State, "Vote By Mail," accessed January 10, 2018
- ↑ 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 California Secretary of State, "June 2018 Voter Guide," accessed March 20, 2018
- ↑ 5.0 5.1 5.2 5.3 5.4 5.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
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tag; name "quotedisclaimer" defined multiple times with different content - ↑ CBS 8, "Democratic State Convention delegates decide against key endorsements," February 25, 2018
- ↑ Sierra Sun Times, "Rural County Representatives of California Board of Directors Adopt Positions on Statewide Ballot Initiatives," May 28, 2018
- ↑ The Desert Sun, "Proposition 70 is a misfire, but 71, 72 are must-haves for California voters. Here's why," May 17, 2018
- ↑ Los Angeles Times, "Say yes to Prop 71 and to ballot sanity," April 18, 2018
- ↑ The Mercury News, "Editorial: Prop. 71 fixes potential ballot measure confusion," March 15, 2018
- ↑ Monterey County Herald, "Editorial, April 18, 2018: State primary: Vote yes on propositions 71, 72; No on 70," April 17, 2018
- ↑ The Orange County Register, "Yes on California Proposition 71," May 9, 2018
- ↑ The Press-Democrat, "PD Editorial: Press Democrat endorsements," May 11, 2018
- ↑ The Sacramento Bee, "Vote ‘yes’ on all the June 2018 ballot measures but one," March 22, 2018
- ↑ San Diego Union-Tribune, "Vote yes on state Propositions 69, 71 and 72," May 17, 2018
- ↑ San Francisco Chronicle, "Editorial: Chronicle recommendations on Props. 68, 69, 70, 71, 72," April 19, 2018
- ↑ Korey, J. L. (2008). California Government. Pomona, CA: Wadsworth Cengage Learning. (pages 44-45)
- ↑ California State Legislature, "AB 1243," accessed January 10, 2018
- ↑ California State Legislature, "AB 530," accessed January 10, 2018
- ↑ California State Legislature, "SB 450," accessed January 10, 2018
- ↑ Cal-Access, "Propositions & Ballot Measures," accessed October 25, 2017
- ↑ California Fair Political Practices Commission, "When to File Campaign Statements: State & Local Filing Schedules," accessed December 6, 2017
- ↑ California Legislature, "ACA 1 Overview," accessed June 1, 2017
- ↑ California Secretary of State, "Section 3: Polling Place Hours," accessed August 12, 2024
- ↑ California Secretary of State, "Voter Registration," accessed August 13, 2024
- ↑ 26.0 26.1 California Secretary of State, "Registering to Vote," accessed August 13, 2024
- ↑ California Secretary of State, "Same Day Voter Registration (Conditional Voter Registration)," accessed August 13, 2024
- ↑ California Secretary of State, "What to Bring to Your Polling Place," accessed August 12, 2024
- ↑ BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS, "Section 20107," accessed August 12, 2024
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