theantijock saidDo such statutes as...
State of California Department of Justice
Office of the Attorney General
California's Civil and Criminal Laws Pertaining to Hate Crimes
1) "The Ralph Act," Civil Code sections 51.7 and 52--provides that it is a civil right for a person to be free of violence or its threat against the person or his or her property, because of a person's race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age or disability or position in a labor dispute, or because a person is perceived to have one or more of these characteristics....
2) "The Bane Act," Civil Code section 52.1 --provides protection from interference by threats, intimidation, or coercion or for attempts to interfere with someone's state or federal statutory or constitutional rights (these include association, assembly, due process, education, employment, equal protection, expression, formation and enforcement of contracts, holding of public office, housing, privacy, speech, travel, use of public facilities, voting, worship, and protection from bodily restraint or harm, from personal insult, from defamation, and from injury to personal relations)-- proof of "hate motivation" required, according to a 1994 Court of Appeal decision in Boccato v. City of Hermosa Beach
Enforced by Attorney General, any district attorney or city attorney, or a private attorney
Provides for civil penalties for perpetrators, civil remedies to victims of "hate violence," three times actual damages, but no less than $1000, punitive damages, injunctive and other equitable relief (violation of the injunctive relief is punishable by a criminal contempt action, with a penalty of six months in jail and/or a fine not exceeding $1000) and attorney's fees
....make either civilly or criminally actionable the submitting of such an initiative AND the acceptance of that proposal by a municipal clerk?
I like what you're thinking, but no. Political acts, just like the words written and said in a lawsuit, receive immunity. You could sue him, as anyone can sue anyone, but it'd be throw on on a Motion to Dismiss when they interposed and invoked political acts immunity.
Now, IF this absurd law were to pass, then that'd be an interesting legal battle of which law trumps which law in California, but almost certainly the federal rights of due process and equality would enjoin any potential enactment of this law.
In short, while this is an interesting academic exercise: (1) he cannot be sued (successfully) or otherwise prosecuted for proposing a law--even a genocidal law, and (2) the law practically will not pass, and if it did pass, wouldn't see a second of enactment because a federal (and likely California State court) would enjoin it faster than you could sneeze.