Opinion No. (2002)

BILL LOCKYER Attorney General ANTHONY S. DA VIGO Deputy Attorney General THE HONORABLE TOM TORLAKSON, MEMBER OF THE STATE SENATE, has requested an opinion of this office on the following question: Where the general municipal election for a general law city has been set by ordinance for the date of the statewide general election in November of even numbered years, may an initiative measure to repeal a city tax be submitted to the voters on the date of the statewide direct primary election in March? CONCLUSION Where the general municipal election for a general law city has been set by ordinance for the date of the statewide general election in November of even numbered years, an initiative measure to repeal a city tax may be submitted to the voters on the date of the statewide direct primary election in March only if the measure statutorily qualifies to be submitted at a special election which coincides with the March primary election. ANALYSIS At the November 5, 1996, statewide general election, the voters approved Proposition 218, adding article XIII C to the Constitution. Section 3 of the new article states as follows: "Notwithstanding any other provision of this Constitution,…