2020 California Proposition 25

Proposition 25, officially the Referendum to Overturn a 2018 Law That Replaced Money Bail System with A System Based on Public Safety Risk, is a California ballot proposition that appeared on the ballot for the general election on November 3, 2020.^[1] The "no" side prevailed, resulting in retention of the system of cash bail in the state.^[2]

Proposition 25

November 3, 2020 (2020-11-03)
Referendum to Overturn a 2018 Law That Replaced Money Bail System with A System Based on Public Safety Risk
Results
Choice Votes  % Yes 7,232,380 43.59% No 9,358,226 56.41% Valid votes 16,590,606 93.28% Invalid or blank votes 1,194,545 6.72% Total votes 17,785,151 100.00% Registered voters/turnout 22,047,448 80.67%
For   60%–70%   50%–60% Against   80%–90%   70%–80%   60%–70%   50%–60%

The proposition was a veto-referendum that was placed on the ballot by the American Bail Coalition.^[3] Placed on the ballot via petition, it is a referendum on 2018's Senate Bill 10, which would have replaced the state's cash bail system with a risk assessment-based bail system, which uses an algorithm to determine whether a suspect should be released.^[4] SB 10 had been signed into law in August 2018, and had been scheduled to take effect on October 1, 2019.^[5]

A "yes" vote on Proposition 25 was to uphold the contested legislation to replace cash bail with risk assessments, and a "no" vote was to repeal the contested legislation, and continue the system of cash bail.^[3]

Background

As of 2019, California used a cash bail system to release criminal suspects awaiting trial and to ensure that they return for their court dates. On August 28, 2018, then governor Jerry Brown signed SB10, which ended the use of cash bail, replacing it with a risk assessment. The American Bail Coalition, a trade association, organized and led the effort to repeal this legislation.^[3]

Support

The California Democratic Party supported the Yes on Proposition 25 campaign, as did Governor Gavin Newsom and Assembly speaker Anthony Rendon. In addition, the Service Employees International Union and the California Medical Association supported Yes on Proposition 25.^[6]

Opposition

Various groups argued against Proposition 25, and hence against SB10.

The California Peace Officers' Association and the California Bail Agents Association opposed SB10.^[why?]

In addition, civil rights advocates argued that the algorithm should not be used for release decisions, and that SB10 did not sufficiently address supposed racial biases in the criminal justice system. The California Conference of the NAACP and Human Rights Watch opposed SB10 for similar reasons.^[6]

Polling

Poll source	Date(s) administered	Sample size[a]	Margin of error	For Prop. 25 (uphold bail reform law)	Against Prop. 25 (repeal bail reform law)	Undecided
UC Berkeley Institute of Governmental Studies/LA Times	September 13–18, 2019	3,945 (LV)	± 2%	39%	32%	29%

Results

Choice	Votes	%
For	7,232,380	43.59
Against	9,358,226	56.41
Blank votes	1,194,545	-
Total	17,785,151	100
Registered voters/turnout	22,047,448	80.67
Source: elections.cdn.sos.ca.gov

Notes

1. Key:
   A – all adults
   RV – registered voters
   LV – likely voters
   V – unclear

References

1. "The fate of California's cash bail industry will now be decided on the 2020 ballot". Sacramento Bee. August 17, 2019.
2. Prop. 25, which would have abolished California’s cash bail system, is rejected by voters
3. "California Proposition 25, Replace Cash Bail with Risk Assessments Referendum (2020)". Ballotpedia. Retrieved 2020-09-23.
4. "Qualified Statewide Ballot Measures". Secretary of State of California. Retrieved July 2, 2020.
5. The fate of California’s cash bail industry will now be decided on the 2020 ballot
6. "California Proposition 25: Replacing cash bail with algorithm". CalMatters. Retrieved 2020-09-23.