A black and white mid-rise apartment building is pictured at three-quarters view, revealing a pink side wall with a medical cross symbol on it. A small blue shape and a field of red dollar symbols are collaged to the left of the building.

Proposition 36

Should California roll back past reforms and make it easier to charge people with felony crimes and send them to jail or prison if they repeatedly shoplift, or possess some drugs, including fentanyl and methamphetamine?

Passes with majority vote.

Yes70.6%
5,244,351 votes
No29.3%
2,182,319 votes
Race called at 8:57 PM PT on November 5, 2024
41.91% of votes countedAssociated Press
This percentage is an Associated Press estimate of how much of the vote in an election has been counted. It is informed by turnout in recent elections, details on votes cast in advance and – after polls close – early returns. The estimate may fluctuate as election officials report additional results and AP learns more about how many voters have cast a ballot.

Results are provided by the Associated Press (AP). The AP calls races by analyzing vote tallies and other election data. Check marks are used to denote a result only when the AP calls a race.

Proposition 36 would roll back parts of a 2014 ballot measure (Proposition 47) which reclassified certain petty theft and drug possession crimes as misdemeanors instead of felonies. Proposition 36 would allow prosecutors to charge someone with a felony if they steal anything and have been convicted of theft twice before. It also lets prosecutors seek felony charges against people possessing drugs, including fentanyl, heroin and cocaine — although they could also be given the choice to enter drug treatment.

Yes Argument

California has a growing shoplifting and retail theft problem, driven by drug-addicted people who have no incentive to enter treatment. This measure would give prosecutors the power they need to crack down on repeat shoplifting offenders and compel drug users into treatment by providing a “stick” — potential jail or even prison time. The measure would help curb the state’s homelessness problem and lower overdose deaths by getting people the help they need.

No Argument

Proposition 36 would cost taxpayers up to $750 million a year and take money away from drug treatment, rehabilitation and victim services. Instead of funding drug treatment for people struggling with addiction, this measure would increase prison spending and bring back the war on drugs, leading to more crime. Police and prosecutors already have the tools they need to crack down on retail theft and other property crimes, and this measure does nothing to fund drug treatment opportunities.

Fundraising
Campaign finance data comes from the California Secretary of State’s office or the Federal Election Commission.

Updated at 3:00 PM PT on Oct 31, 2024
Source: California Secretary of State
In Support
$16.2mTotal
Walmart
$3.5m
Home Depot
$1.0m
Target
$1.0m
California Business Roundtable
$901.1k
7-Eleven
$550.0k
In Opposition
$7.7mTotal
Patty Quillin
$1.5m
Stacy H. Schusterman
$1.0m
The Heising-Simons Action Fund
$645.0k
Mark W. Heising
$427.5k
Elizabeth Simons
$427.5k

Key Supporters

This list represents notable organizations and individuals who have taken a position on the ballot measure or candidate, or who are funding campaigns in support or opposition. This list is not exhaustive, and may be updated.

In Support

  • California District Attorneys Association
  • London Breed, mayor, San Francisco
  • Matt Mahan, mayor, San José
  • Walmart
  • Home Depot

In Opposition

  • Gavin Newsom, governor, California
  • Diana Becton, district attorney, Contra Costa County
  • William Lansdowne, former police chief, city of San Diego
  • ACLU of Northern California
  • Californians for Safety and Justice

More Statewide Propositions

A black and white mid-rise apartment building is pictured at three-quarters view, revealing a pink side wall with a medical cross symbol on it. A small blue shape is collaged to the left of the building.

Passes with majority vote.

Yes56.6%
4,205,575 votes
No43.3%
3,213,550 votes
Updated at 9:20 PM PT on November 5, 2024
41.87% of votes countedAssociated Press
This percentage is an Associated Press estimate of how much of the vote in an election has been counted. It is informed by turnout in recent elections, details on votes cast in advance and – after polls close – early returns. The estimate may fluctuate as election officials report additional results and AP learns more about how many voters have cast a ballot.
A black and white mid-rise apartment building is pictured at three-quarters view, revealing a pink side wall with a medical cross symbol on it. A small blue shape is collaged to the left of the building.

Passes with majority vote.

Yes62.7%
4,671,636 votes
No37.2%
2,777,232 votes
Updated at 9:20 PM PT on November 5, 2024
42.03% of votes countedAssociated Press
This percentage is an Associated Press estimate of how much of the vote in an election has been counted. It is informed by turnout in recent elections, details on votes cast in advance and – after polls close – early returns. The estimate may fluctuate as election officials report additional results and AP learns more about how many voters have cast a ballot.
A black and white mid-rise apartment building is pictured at three-quarters view, revealing a pink side wall with a medical cross symbol on it. A small blue shape is collaged to the left of the building.

Passes with majority vote.

Yes57.8%
4,325,643 votes
No42.1%
3,145,637 votes
Updated at 9:20 PM PT on November 5, 2024
42.16% of votes countedAssociated Press
This percentage is an Associated Press estimate of how much of the vote in an election has been counted. It is informed by turnout in recent elections, details on votes cast in advance and – after polls close – early returns. The estimate may fluctuate as election officials report additional results and AP learns more about how many voters have cast a ballot.
A black and white mid-rise apartment building is pictured at three-quarters view, revealing a pink side wall with a medical cross symbol on it. A small blue shape is collaged to the left of the building.

Passes with majority vote.

No54.4%
4,029,573 votes
Yes45.5%
3,367,590 votes
Updated at 9:20 PM PT on November 5, 2024
41.74% of votes countedAssociated Press
This percentage is an Associated Press estimate of how much of the vote in an election has been counted. It is informed by turnout in recent elections, details on votes cast in advance and – after polls close – early returns. The estimate may fluctuate as election officials report additional results and AP learns more about how many voters have cast a ballot.
A black and white mid-rise apartment building is pictured at three-quarters view, revealing a pink side wall with a medical cross symbol on it. A small blue shape is collaged to the left of the building.

Passes with majority vote.

No52.9%
3,858,224 votes
Yes47%
3,433,132 votes
Updated at 9:20 PM PT on November 5, 2024
41.14% of votes countedAssociated Press
This percentage is an Associated Press estimate of how much of the vote in an election has been counted. It is informed by turnout in recent elections, details on votes cast in advance and – after polls close – early returns. The estimate may fluctuate as election officials report additional results and AP learns more about how many voters have cast a ballot.
A black and white mid-rise apartment building is pictured at three-quarters view, revealing a pink side wall with a medical cross symbol on it. A small blue shape is collaged to the left of the building.

Passes with majority vote.

No50.6%
3,780,263 votes
Yes49.3%
3,683,266 votes
Updated at 9:22 PM PT on November 5, 2024
42.12% of votes countedAssociated Press
This percentage is an Associated Press estimate of how much of the vote in an election has been counted. It is informed by turnout in recent elections, details on votes cast in advance and – after polls close – early returns. The estimate may fluctuate as election officials report additional results and AP learns more about how many voters have cast a ballot.
A black and white mid-rise apartment building is pictured at three-quarters view, revealing a pink side wall with a medical cross symbol on it. A small blue shape is collaged to the left of the building.

Passes with majority vote.

No59.6%
4,405,672 votes
Yes40.3%
2,982,679 votes
Updated at 9:22 PM PT on November 5, 2024
41.69% of votes countedAssociated Press
This percentage is an Associated Press estimate of how much of the vote in an election has been counted. It is informed by turnout in recent elections, details on votes cast in advance and – after polls close – early returns. The estimate may fluctuate as election officials report additional results and AP learns more about how many voters have cast a ballot.
A black and white mid-rise apartment building is pictured at three-quarters view, revealing a pink side wall with a medical cross symbol on it. A small blue shape is collaged to the left of the building.

Passes with majority vote.

Yes50.9%
3,657,758 votes
No49%
3,517,451 votes
Updated at 9:22 PM PT on November 5, 2024
40.49% of votes countedAssociated Press
This percentage is an Associated Press estimate of how much of the vote in an election has been counted. It is informed by turnout in recent elections, details on votes cast in advance and – after polls close – early returns. The estimate may fluctuate as election officials report additional results and AP learns more about how many voters have cast a ballot.
A black and white mid-rise apartment building is pictured at three-quarters view, revealing a pink side wall with a medical cross symbol on it. A small blue shape is collaged to the left of the building.

Passes with majority vote.

Yes67.5%
4,977,989 votes
No32.4%
2,392,015 votes
Updated at 9:22 PM PT on November 5, 2024
41.59% of votes countedAssociated Press
This percentage is an Associated Press estimate of how much of the vote in an election has been counted. It is informed by turnout in recent elections, details on votes cast in advance and – after polls close – early returns. The estimate may fluctuate as election officials report additional results and AP learns more about how many voters have cast a ballot.