Indeed, the central example in this case was Proposition 1A which the voters approved of in 2008 by 52%. Written by the California High Speed Rail Authority and passed through by 2/3rds vote of both Houses of the Legislature, the ballot measure itself was jammed full of HSR marketing BS. But that specific HSR measure is not overturned, despite it being the case in point. So, as far as we're concerned, nothing has changed. But, it's interesting nonetheless.
What this ruling does encourage is the placing of a new ballot on the 2012 ballot, rescinding the current law, AB3034 and the 2008 Proposition 1A ballot measure. There is already a bill in the Legislative pipeline, SB 22, by State Senator LaMalfa, which proposes to do just that.
That piece of legislation has been significantly strengthened by the Appellate Court's ruling.
THE LATEST ON CALIFORNIA POLITICS AND GOVERNMENT
January 27, 2011
Court says Legislature can't write own ballot language
A state appeals court today ruled that the state Legislature did not have authority to draft its own ballot language for the successful high-speed rail bond measure lawmakers placed on the 2008 ballot.
State law tasks the state attorney general with writing an impartial ballot title, label and official summary for "measures to be voted on throughout the State," though the Legislature has in the past drafted language for measures it places on the ballot with a two-thirds vote.
The Howard Jarvis Taxpayers Association had challenged the ballot language for Proposition 1A [the high-speed rail ballot measure], arguing the Legislature used its pen to "lavish praise on its measure in language that virtually mirrored the argument in favor of the proposition."
The appeals court sided with HJTA, ruling in a 23-page decision published today.
"Simply stated, the Legislature cannot dictate the ballot label, title and official summary for a statewide measure unless the Legislature obtains approval of the electorate to do so prior to placement of the measure on the ballot," the decision reads.
HJTA President Jon Coupal applauded the decision, saying "no longer can the California Legislature use the ballot pamphlet as a biased advertising for its own pet ballot measures."
The decision does not invalidate the passage of the high-speed rail act, which was approved with roughly 52 percent of the vote. It is unclear how it will impact the water bond and "rainy day fund" measures already approved for future ballots.
Read the full decision here. http://www.courtinfo.ca.gov/opinions/documents/C060441.PDF
Posted by Torey Van Oot
Read more: http://blogs.sacbee.com/capitolalertlatest/2011/01/appeals-court-rules-legislatur.html#ixzz1CIypUpGV
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