Brennan

Brennan v. Board of Supervisors

Good Law
125 Cal. App. 3d 87·177 Cal. Rptr. 677·1981 Cal. App. LEXIS 2300
Court of Appeal of CaliforniaOctober 1, 1981Civ. 46695California3,428 words

Opinion

Opinion

Newsom, J.

We are asked to review a trial court order which enjoined distribution of a ballot proposition summary of Proposition U. In accordance with applicable municipal laws, a ballot proposition summary of a proposition entitled “San Francisco Renter’s Property Tax Rebate Ordinance of 1978”—was prepared by “The Ballot Simplification Committee” (hereinafter Committee).

Prior to the election, respondent filed a petition for writ of mandate challenging the legality of the digest for Proposition U, and seeking to enjoin distribution of the pamphlet until the digest was corrected to conform to the law. Based upon a finding that the ballot summary was not a fair representation of the proposition, the court orally granted the petition for writ of mandate and enjoined distribution of the voters’ pamphlets pending an attempt by the Committee to redraft the digest in language acceptable to the court.

After submittal of a modified digest by the Committee—also found unacceptable—the trial court prepared its own “Revised Analysis” of the proposition, which, as part of its judgment granting respondent’s petition, ordered distributed to each voter with the explanation that it was “to be…

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