Patterson

These two cases present identical questions concerning the propriety of the deletion of ballot arguments from the San Francisco voter pamphlets for the general elections held in June and November of 1987. We have consolidated the appeals in order to consider appellants’ challenge to the constitutionality of Elections Code sections 3795 and 5025.

Facts

Geary Appeal, A038352

Appellant Bob Geary and others submitted several written arguments for inclusion in the official San Francisco voter pamphlet for the June 1987 election as authorized by San Francisco Charter section 9.112, paragraph 1 and San Francisco Administrative Code section 5.74, paragraph 1. These arguments were submitted in opposition to two referenda on the ballot: Proposition “A,” an ordinance to rezone the site of the former Polytechnic. High School at 701 Frederick Street from P (Public) to RH-3 (House, Three-Family); and Proposition “B,” an ordinance to rezone the Balboa Reservoir South site at Ocean and Phelan Avenues from P (Public) to RH-1 (House, One-Family).

Pursuant to provision of the Elections Code, the city attorney, on behalf of the registrar of voters, thereafter filed this action in…