REFERENDA - CALIFORNIA

Eblovi v. Blair

Court of Appeal, First District, Division 3, California - December 1, 2016 - Cal.Rptr.3d - 2016 WL 7011551

Proponent of a citizen-sponsored city initiative filed a petition for writ of mandate seeking an order directing city’s interim clerk to strike ballot arguments submitted by other electors.

The Superior Court denied petition. Proponent appealed.

The Court of Appeal held that city initiative ballot argument statute is permissive and thus does not restrict participation by unnamed people or entities.

The statute providing that persons filing a city initiative petition “may file a written argument in favor of the ordinance” and “the legislative body may submit an argument against the ordinance” is permissive and thus does not restrict participation by other unnamed people or entities.



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