Watson

Watson v. Fair Political Practices Commission

Good Law
1990 Cal. App. LEXIS 90·217 Cal. App. 3d 1059·266 Cal. Rptr. 408
Court of Appeal of CaliforniaFebruary 2, 1990Docket Nos. B042250, B041680California7,966 words

Opinion

Opinion

Compton, J.

In two separate actions, plaintiffs, consisting of several state legislators, their constituents, and other elected officials, initiated suit against the Rules Committee of the California State Senate and the Fair Political Practices Commission (FPPC), challenging the constitutionality of one portion of an initiative measure dealing with political reform, Proposition 73, adopted at the June 1988 primary election.

Article IV, section 3 of that measure amended Government Code section 89001 to read as follows: “No newsletter or other mass mailing shall be sent at public expense.”

Although the trial court initially found the newly amended statute to be unconstitutional, it reversed its position in a subsequent action brought to enforce the original judgment. Since the appeals from these conflicting rulings involve similar issues and parties, we have consolidated the cases for purposes of our review.

We have concluded that the statute neither interferes with the Legislature’s authority to govern its internal affairs nor burdens the exercise of any fundamental right. We therefore reverse the judgment of the trial court which declared section 89001 to be unconstitutional, and…

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