AB 2338, as introduced, Wagner. Initiatives: writ of mandate.
(1) In cases of actual controversy relating to the legal rights and duties of respective parties, existing law authorizes a party to bring an action in superior court for a declaration of the party’s rights and duties and to request a determination of any question of construction or validity arising under an instrument or contract.
This bill would, if a local initiative measure has been certified by an elections official as having qualified for the ballot, prohibit a public agency from bringing suit seeking a declaration of rights related to the construction or validity of the initiative measure until after the election for which the initiative measure qualified has been held.
(2) Under existing law, the elections official administering a county, municipal, district, or school district election is required to make a copy of certain election materials available for public examination in his or her office for a period of 10 calendar days immediately following the filing deadline for submission of those documents. Existing law permits any voter of the jurisdiction in which the election is being held, or the elections official, himself or herself, to seek a writ of mandate or an injunction requiring the amendment or deletion of any or all of the materials, as specified, during that 10-calendar-day public examination period. Existing law also requires that a peremptory writ of mandate or injunction be issued only upon clear and convincing proof, as specified.
This bill would require that, if the governing body of the jurisdiction in which the initiative measure will be voted upon seeks to challenge the qualification or validity of the initiative measure, it shall do so by seeking the above-described writ of mandate or injunction during the 10-calendar-day public examination period in order to prohibit the initiative measure from being placed on the ballot. The bill also would require that a peremptory writ of mandate or an injunction be issued only upon clear and convincing proof that the initiative measure does not qualify or is not valid for placement on the ballot, and that issuance of the writ of mandate or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1060 of the Code of Civil Procedure is
2amended to read:
begin insert(a)end insertbegin insert end insert Any person interested under a written instrument,
4excluding a will or a trust, or under a contract, or who desires a
5declaration of his or her rights or duties with respect to another,
6or in respect to, in, over or upon property, or with respect to the
7location of the natural channel of a watercourse, may, in cases of
8actual controversy relating to the legal rights and duties of the
9respective parties, bring an original action or cross-complaint in
10the superior court for a declaration of his or her rights and duties
11in the premises, including a determination of any question
of
12construction or validity arising under the instrument or contract.
13He or she may ask for a declaration of rights or duties, either alone
14or with other relief; and the court may make a binding declaration
15of these rights or duties, whether or not further relief is or could
16be claimed at the time. The declaration may be either affirmative
17or negative in form and effect, and the declaration shall have the
18force of a final judgment.begin delete The declaration may be had before there begin insert A party may obtain a declaration before any
19has been any breach of the obligation in respect to which said
20declaration is sought.end delete
21breach of the obligation giving rise to the declaration has occurred.end insert
P3 1(b) Notwithstanding subdivision (a), if an initiative measure
2has been certified by an elections official as having qualified for
3the ballot pursuant to Section 9116, 9118, 9214, 9215, 9310, or
49311 of the Elections Code, a public agency shall not bring an
5original action or a cross-complaint seeking a declaration under
6this section until after the election for which the initiative measure
7qualified has been held.
Section 9190 of the Elections Code is amended to read:
(a) The county elections official shall make a copy of
10the materials referred to in Sections 9119, 9120, 9160, 9162, and
119167 available for public examination in the county elections
12official’s office for a period of 10 calendar days immediately
13following the deadline for submission of those materials. Any
14person may obtain a copy of the materials from the county elections
15official for use outside of the county elections official’s office.
16The county elections official may charge a fee to any person
17obtaining a copy of the material. The fee may not exceed the actual
18cost incurred by the county elections official in providing the copy.
19(b) (1) During the 10-calendar-day public examination period
20provided
by this section, any voter of the jurisdiction in which the
21election is being held, or the county elections official, himself or
22herself, may seek a writ of mandate or an injunction requiring any
23or all of the materials to be amended or deleted. The writ of
24mandate or injunction request shall be filed no later than the end
25of the 10-calendar-day public examination period.
26(2) A peremptory writ of mandate or an injunction shall be
27issuedbegin insert pursuant to this subdivisionend insert only upon clear and convincing
28proof that the material in question is false, misleading, or
29inconsistent with this chapter, and that issuance of the writ or
30injunction will not substantially interfere with the printing or
31distribution of official election materials as provided by law.
32(3) The county elections
official shall be named as respondent
33and the person or official who authored the material in question
34shall be named as real parties in interest. In the case of the county
35elections official bringing the mandamus or injunctive action, the
36board of supervisors of the county shall be named as the respondent
37and the person or official who authored the material in question
38shall be named as the real party in interest.
39(c) (1) If the board of supervisors of the county challenges the
40qualification or validity of an initiative measure, it shall seek a
P4 1writ of mandate or an injunction under this section to prohibit the
2initiative measure from being placed on the ballot. The writ of
3mandate or injunction request shall be filed no later than the end
4of the 10-calendar-day public examination period.
5(2) A peremptory writ of mandate or an injunction shall be
6issued pursuant to this subdivision only upon clear and convincing
7proof that the initiative measure does not qualify or is not valid
8for placement on the ballot, and that issuance of the writ of
9mandate or injunction will not substantially interfere with the
10printing or distribution of official election materials as provided
11by law.
Section 9295 of the Elections Code is amended to read:
(a) The elections official shall make a copy of the
14material referred to in Sections 9223, 9280, 9281, 9282, and 9285
15available for public examination in the elections official’s office
16for a period of 10 calendar days immediately following the filing
17deadline for submission of those materials. Any person may obtain
18a copy of the materials from the elections official for use outside
19of the elections official’s office. The elections official may charge
20a fee to any person obtaining a copy of the material. The fee may
21not exceed the actual cost incurred by the elections official in
22providing the copy.
23(b) (1) During the 10-calendar-day public examination period
24provided by this section, any voter of the
jurisdiction in which the
25election is being held, or the elections official, himself or herself,
26may seek a writ of mandate or an injunction requiring any or all
27of the materials to be amended or deleted. The writ of mandate or
28injunction request shall be filed no later than the end of the
2910-calendar-day public examination period.
30(2) A peremptory writ of mandate or an injunction shall be
31issuedbegin insert pursuant to this subdivisionend insert only upon clear and convincing
32proof that the material in question is false, misleading, or
33inconsistent with the requirements of this chapter, and that issuance
34of the writ or injunction will not substantially interfere with the
35printing or distribution of official election materials as provided
36by law.
37(3) The elections official shall be named as
respondent, and the
38person or official who authored the material in question shall be
39named as real parties in interest. In the case of the elections official
40bringing the mandamus or injunctive action, the board of
P5 1supervisors of the county shall be named as the respondent and
2the person or official who authored the material in question shall
3be named as the real party in interest.
4(c) (1) If the legislative body of the city challenges the
5qualification or validity of an initiative measure, it shall seek a
6writ of mandate or an injunction under this section to prohibit the
7initiative measure from being placed on the ballot. The writ of
8mandate or injunction request shall be filed no later than the end
9of the 10-calendar-day public examination period.
10(2) A peremptory writ of mandate or an injunction shall be
11issued pursuant to this subdivision only upon clear and convincing
12proof that the initiative measure does not qualify or is not valid
13for placement on the ballot, and that issuance of the writ of
14mandate or injunction will not substantially interfere with the
15printing or distribution of official election materials as provided
16by law.
Section 9380 of the Elections Code is amended to read:
(a) The elections official shall make a copy of the
19materials referred to in Sections 9312, 9315, and 9317 available
20for public examination in his or her office for a period of 10
21calendar days immediately following the filing deadline for
22submission of those documents. Any person may obtain a copy of
23the materials from the elections official for use outside of the
24elections official’s office. The elections official may charge a fee
25to any person obtaining a copy of the material. The fee may not
26exceed the actual cost incurred by the elections official in providing
27the copy.
28(b) (1) During the 10-calendar-day public examination period
29provided by this section, any voter of the jurisdiction in which the
30election is being held, or the elections
official, himself or herself,
31may seek a writ of mandate or an injunction requiring any material
32to be amended or deleted. The writ of mandate or injunction request
33shall be filed no later than the end of the 10-calendar-day public
34examination period.
35(2) A peremptory writ of mandate or an injunction shall be
36issuedbegin insert pursuant to this subdivisionend insert only upon clear and convincing
37proof that the material in question is false, misleading, or
38inconsistent with this chapter, and that issuance of the writ or
39injunction will not substantially interfere with the printing or
40distribution of official election materials as provided by law.
P6 1(3) The elections official shall be named as respondent and the
2person or official who authored the material in question shall be
3named as real parties
in interest. In the case of the elections official
4bringing the mandamus or injunctive action, the board of
5supervisors of the county shall be named as the respondent and
6the person or official who authored the material in question shall
7be named as the real party in interest.
8(c) (1) If the governing board of the district challenges the
9qualification or validity of an initiative measure, it shall seek a
10writ of mandate or an injunction under this section to prohibit the
11initiative measure from being placed on the ballot. The writ of
12mandate or injunction request shall be filed no later than the end
13of the 10-calendar-day public examination period.
14(2) A peremptory writ
of mandate or an injunction shall be
15issued pursuant to this subdivision only upon clear and convincing
16proof that the initiative measure does not qualify or is not valid
17for placement on the ballot, and that issuance of the writ of
18mandate or injunction will not substantially interfere with the
19printing or distribution of official election materials as provided
20by law.
Section 9509 of the Elections Code is amended to read:
(a) The elections official shall make a copy of the
23materials referred to in Sections 9500, 9501, and 9504 available
24for public examination in his or her office for a period of 10
25calendar days immediately following the filing deadline for
26submission of those documents. Any person may obtain a copy of
27the materials from the elections official for use outside of the
28elections official’s office. The elections official may charge a fee
29to any person obtaining a copy of the material. The fee may not
30exceed the actual cost incurred by the elections official in providing
31the copy.
32(b) (1) During the 10-calendar-day public examination period
33provided by this section, any voter of the jurisdiction in which the
34election is being held, or the elections
official, himself or herself,
35may seek a writ of mandate or an injunction requiring any or all
36of the materials to be amended or deleted. The writ of mandate or
37injunction request shall be filed no later than the end of the
3810-calendar-day public examination period.
39(2) A peremptory writ of mandate or an injunction shall be
40issuedbegin insert pursuant to this subdivisionend insert only upon clear and convincing
P7 1proof that the material in question is false, misleading, or
2inconsistent with this chapter, and that issuance of the writ or
3injunction will not substantially interfere with the printing or
4distribution of official election materials as provided by law.
5(3) The elections official shall be named as respondent and the
6person or official who authored the material in question shall be
7named
as real parties in interest. In the case of the elections official
8bringing the mandamus or injunctive action, the board of
9supervisors of the county shall be named as the respondent and
10the person or official who authored the material in question shall
11be named as the real party in interest.
12(c) (1) If the governing board of the district challenges the
13qualification or validity of an initiative measure, it shall seek a
14writ of mandate or an injunction under this section to prohibit the
15initiative measure from being placed on the ballot. The writ of
16mandate or injunction request shall be filed no later than the end
17of the 10-calendar-day public examination period.
18(2) A
peremptory writ of mandate or an injunction shall be
19issued pursuant to this subdivision only upon clear and convincing
20proof that the initiative measure does not qualify or is not valid
21for placement on the ballot, and that issuance of the writ of
22mandate or injunction will not substantially interfere with the
23printing or distribution of official election materials as provided
24by law.
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