In Re County of Monterey Initiative Matter

ORDER RE: MOTIONS FOR INJUNC-TIVE RELIEF AND DECLARATORY JUDGMENTS

I. INTRODUCTION

Monterey County is subject to the Federal Voting Rights Act of 1965. The County is required to provide ballots and other materials in both English and Spanish and is subject to certain pre-clearance requirements. This case requires the Court to determine whether a petition and materials for a citizen sponsored initiative, entitled “The Monterey County Quality of Life, Affordable Housing, and Voter Control Initiative” (the “Initiative”), which was not provided in both English and Spanish is unlawful under the Voting Rights Act. The Court holds that it is and enjoins further processing of the Initiative.

II. FACTUAL AND PROCEDURAL BACKGROUND

A group of citizens in Monterey County, wished to circulate an initiative petition, the Initiative, which if passed, would amend certain zoning and land development provisions of the Monterey County General Plan and would require a public election for zoning changes. Pursuant to the California Elections Code, in January of 2006, the proponents of the Initiative, filed a notice of their intent to circulate the petition and a copy of the proposed Initiative with…