Ferrara

This case arises out of a controversy over the proper interpretation and application of various provisions of the Elections Code pertaining to the filing of "pro" and "con" ballot arguments in municipal initiative elections. Elections Code section 5013 [1] provides generally that prior to municipal elections involving a ballot proposition the city clerk shall establish a deadline for the filing of ballot arguments "[b]ased on the time reasonably necessary to prepare and print the arguments and sample ballots for that particular election." Section 5012 provides, in turn, that "[t]he legislative body ... or any individual voter or bona fide association of citizens ... may file a written argument for or against any city measure" prior to such deadline.

In the instant case, however, the city clerk declined to follow the dictates of sections 5012 and 5013 because he interpreted a separate provision, section 4017, to establish a distinct, more restrictive procedure for the filing of ballot arguments as to municipal initiative measures. Section 4017 provides that "persons filing an initiative petition ... may file with the petition a written argument in favor of…

*256 Opinion

This case arises out of a controversy over the proper interpretation and application of various provisions of the Elections Code pertaining to the filing of “pro” and “con” ballot arguments in municipal initiative elections. Elections Code section 5013 1 provides generally that prior to municipal elections involving a ballot proposition the city clerk shall establish a deadline for the filing of ballot arguments “[bjased on the time reasonably necessary to prepare and print the arguments and sample ballots for that particular election.” Section 5012 provides, in turn, that “[t]he legislative body ... or any individual voter or bona fide association of citizens . . . may file a written argument for or against any city measure” prior to such deadline.

In the instant case, however, the city clerk declined to follow the dictates of sections 5012 and 5013 because he interpreted a separate provision, section 4017, to establish a distinct, more restrictive procedure for the filing of ballot arguments as to municipal initiative measures. Section 4017 provides that “persons filing an initiative petition . . . may file with the petition a written argument In favor of the…

I concur in denying the writ, but disagree with the opinion of the majority.

We are here called upon to construe a portion of section 4017 of the Elections Code, which provides for the manner and timing of filing ballot arguments for and against municipal initiative ordinances. Two issues are presented: first, whether the statute requires that any proposed ballot arguments in favor of a municipal initiative measure be filed simultaneously with the filing of the initiative petition; and secondly, *266 whether only proponents of the measure are permitted to submit such arguments. I would answer each question in the affirmative.

On November. 7, 1975, an initiative petition signed by the required number of voters was filed by its five proponents with respondent City Clerk of Union City. If approved by the voters, the initiative would have permitted “card clubs” in which the gambling games of draw poker and panguingue could be played and wagered upon. The initiative was to be voted on at the March 2, 1976, municipal election."

On January 5, 1976, petitioner Ferrara, a proponent of the initiative, presented the city clerk with an argument in support of the measure for inclusion in…