Bowen

Howard Jarvis Taxpayers Ass'n v. Bowen

Good Law
120 Cal. Rptr. 3d 865·192 Cal. App. 4th 110·2011 Cal. App. LEXIS 90·2011 WL 242446
Court of Appeal of CaliforniaJanuary 27, 2011No. C060441California6,319 words

Opinion

Lead Opinion

Scotland, J.

California voters have a powerful tool, the ballot initiative, to make public policy. (Cal. Const., art. É, § 8, subd. (a) [“The initiative is the power of the electors to propose statutes and amendments to the Constitution and to adopt or reject them.”], art. IV, § 1 [“The legislative power of this State is vested in the California Legislature . . . but the people reserve to themselves the powers of initiative and referendum.”].)

Indeed, it was by a ballot initiative, Proposition 9, that voters adopted the Political Reform Act of 1974 (Gov. Code, § 81000 et seq.; Political Reform Act or Act) to address, among other things, potential abuse of the very process by which voters adopted Proposition 9. (Gov. Code, § 81000 et seq.; further section references are to the Government Code unless otherwise specified.) *

*115 The purposes to be accomplished by the Political Reform Act are set forth in section 81002, including subdivision (d), which provides: “The state ballot pamphlet should be converted into a useful document so that voters will not be entirely dependent on paid advertising for information regarding state measures.”

To this end, the Political Reform Act’s…

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