AB 421 Contains Two Unique Provisions

AB 421 Contains Two Unique Provisions By Chris Micheli

            Assembly Bill 421 that deals with referendum measures has two “plus sections” of interest because they are not seen regularly in legislation. The first would limit the time in which AB 421, if it were to become a statute, could be challenged in court. The second makes a legislative finding that does not arise very often

            In Section 12 of the bill, AB 421 provides the following:

 

Any judicial action or proceeding to challenge, review, set aside, void, or annul the provisions of this act, or any portion of this act, may proceed only by application or complaint filed in a court of competent jurisdiction within 45 days of the effective date of this act. The action or proceeding, or any appeal therefrom, shall be given precedence on the court’s docket and shall have priority over all other civil matters. Any relief granted by a court shall not interfere with the conduct of the November 5, 2024, statewide general election, and in no event shall relief be granted after the 88th day preceding that election.

            As a result of this language, a lawsuit to challenge the validity of AB 421 would have to be brought within a month and a half of when the statute takes effect. Because AB 421 contains an urgency clause, it would take effect immediately upon the Governor’s signature and the chaptering of the bill, which occur before mid-October.

            Of interest is that there are fewer than 20 statutes in the California Codes with a similar limitation on a legal challenge to the statute. One existing statute provides a 180-day period in which to file a lawsuit; one existing statute provides a 90-day period in which to file the legal challenge; and, the remainder provide a 120-day period.

            In Section 14 of the bill, AB 421 provides the following:

 

The Legislature finds and declares that this act permits or requires the inclusion of additional information in the ballot pamphlet in accordance with Section 88007 of the Government Code.

            As a result of this language, the Legislature is making a finding and declaration that the statute, if AB 421 were enacted, would have the Secretary of State include additional information in the statewide voter pamphlet.

            Government Code Section 88007 is found in Title 9, the Political Reform Act of 1974, Chapter 8, dealing with ballot pamphlets. Section 8807 provides the following:

 

Notwithstanding the provisions of Section 81012, the Legislature may without restriction amend this chapter to add to the ballot pamphlet information regarding candidates or any other information.

            One question raised in my mind is why a finding and declaration has to be made. In other words, Government Code Section 88007 allows “without restriction” the Legislature to add required information to be added to ballot pamphlets. As the Legislature has free reign to do so, why would a finding and declaration need to be made?

Comments

Post a Comment

Popular posts from this blog

Another Reason to Limit Bill Introductions?

Another Reason to Limit Bill Introductions?  By Chris Micheli             As I did my final review of Governor Newsom’s actions on the 1,046 bills sent to him after the 2023 Legislative Session, I noticed that some of the Governor’s veto messages provide additional rationales for limiting bill introductions.             Out of 156 vetoes from the 2023 Session, the number one reason for the Governor’s veto was budget concerns or cost pressures. In fact, 41% of the vetoes used that basis. That by itself is not a reason to limit bill introductions, but another statistic may provide such a reason…             By my count, just over 1/3 of the bills vetoed by Governor Newsom likely should not have been sent to his Desk and, arguably, should not have made it through the process at all. In fact, perhaps they should not h...
Read more

Frequently Asked Questions about California’s Budget Process

Frequently Asked Questions about California’s Budget Process  By Chris Micheli             What are the main parts of the California state budget? They are the Budget Bill, Budget Bill Junior, Trailer Bills, and Supplemental Reports.             What is the Budget Bill? This bill contains the appropriations and “Budget Bill Language”. Note that only a Budget Bill (or BBJ) can contain multiple appropriations. It requires a majority vote for passage and the bill takes effect immediately. There is just one Budget Bill. What is the “Budget Bill Jr.”? This is the bill that amends the main Budget Bill by making changes to multiple appropriations. There are often multiple BBJs. What is a Trailer Bill? This bill makes the statutory changes needed to implement the budget. It is the same as any other bill, but it takes effect immediately with a majority vote if it contain...
Read more

Can Any Bill Call an Election?

Can Any Bill Call an Election?  By Chris Micheli             In June 2024, we saw two bills that contain a provision to call an election.             Both bills contain a “plus” section at the end of the bill, which is an uncodified statute, stating the following: “this act calls an election within the meaning of Article IV of the California Constitution and shall go into immediate effect.” Such a measure only requires a majority vote, unless some other constitutional provision requires a higher vote threshold (e.g., a tax increase). What is the basis for this statement? Section 8(c)(3) of Article IV of the state Constitution provides: “ Statutes calling elections, statutes providing for tax levies or appropriations for the usual current expenses of the State, and urgency statutes shall go into effect immediately upon their enactment.” However, there is no further gui...
Read more