Huening

Elections Code section 3564.1 (hereafter section 3564.1), deals with arguments concerning measures submitted to the voters. It prohibits the use in a ballot argument of the name of anyone represented to be for or against a ballot measure without that person’s consent. In this appeal we decide that section 3564.1 is invalid and of no force or effect because its enactment did not comply with the procedure specified in the Political Reform Act of 1974 (Gov. Code, § 81000 et seq., hereafter the Political Reform Act) for the amendment of that act. (See Gov. Code, § 81012.)

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Section 3564.1 was added to the Elections Code in 1978 as part of an act adding several sections to that code and one section to the Education Code, all of which apply virtually identical restrictions to different types of elections. (See Stats. 1978, ch. 172, pp. 401-402.) Section 3564.1 provides: “A ballot argument or a rebuttal argument which includes in its text the name or title of a person, other than the author of the argument, who is represented as being for or against a measure, shall not be accepted unless the argument is accompanied by a signed consent of that person. The consent of a…

I concur with the result reached by the majority. However, I am not persuaded by the majority’s rationale, viz.: that Elections Code section 3654.1 is an invalid amendment to the Political Reform Act of 1974 (Political Reform Act) because it was not enacted in compliance with Government Code section 81012.

The majority correctly observes that “[t]he Political Reform Act covers a wide variety of topics relating to elections.” Clearly, not every effort to legislate on these “wide variety of topics” would constitute an “amendment” to the act within the meaning of section Government Code 81012.1 or the underlying provision of the California Constitution, article II, section 10.

Prior to passage of the Political Reform Act, the Legislature had enacted a body of statutes governing ballot arguments. (See generally Elec. Code, § 3559 et seq.) While the Political Reform Act added provisions to the Government Code relating to the statewide ballot pamphlet, the provisions could fairly be characterized as innocuous. Requirements were *781 added regarding the placement of arguments and the printing of the pamphlet. (Gov. Code, §§ 88000-88007.) No effort was undertaken to prescribe a…

Remcho, Johansen & Purcell, Lowell Finley and John Lewis for Real Parties in Interest and Appellants.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, N. Eugene Hill, Assistant Attorney General, Catherine Van Aken and Marsha A. Bedwell, Deputy Attorneys General, for Defendant and Respondent and for Real Party in Interest and Respondent.

OPINION

PUGLIA, P.J.

Elections Code section 3564.1 (hereafter section 3564.1), deals with arguments concerning measures submitted to the voters. It prohibits the use in a ballot argument of the name of anyone represented to be for or against a ballot measure without that person's consent. In this appeal we decide that section 3564.1 is invalid and of no force or effect because its enactment did not comply with the procedure specified in the Political Reform Act of 1974 (Gov. Code, § 81000 et seq., hereafter the Political Reform Act) for the amendment of that act. (See Gov. Code, § 81012.)

Section 3564.1 was added to the Elections Code in 1978 as part of an act adding several sections to that code and one section to the Education Code, all of which apply virtually identical restrictions to different types of elections. (See Stats.…