[EL] CA AG Kamala Harris Does Not Want to Issue Title and Summary for Shoot the Gays Initiative

[Fredric Woocher]

Rick Hasen said:

"Statement
<http://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-issues-statement-proposed-ballot-initiative>
.

But I bet a court orders [her] to do so.  Further I bet she knows a court
will order her to do so."


I'll take that bet, Rick.  There is precedent in California at the local
initiative level relieving city attorneys of the obligation to prepare a
title and summary for a blatantly unconstitutional or invalid initiative
proposal.  The same theory should apply to the AG's office for a statewide
initiative.  See, e.g., *Widders v. Furchtenicht* (2008) 167 Cal.App.4th
769; *Jahr v. Casebeer *(1999) 70 Cal.App.4th 1250.  And even in *Schmitz
v. Younger* (1978) 21 Cal.3d 90, in which the California Supreme Court held
that the AG could not unilaterally refuse to issue a title and summary for
a statewide initiative based on his belief that it violated the single
subject rule, the Court stated:  "This does not mean that the Attorney
General may not challenge the validity of the proposed measure by timely
and appropriate legal action. We hold only that without prior judicial
authorization he may not delay or impede the initiative process while
claims of the measure's invalidity are determined."  (*Id.* at p. 93.)

I don't think any court is going to want to be responsible for ordering the
AG to clear this initiative for circulation.

Fredric D. Woocher
Strumwasser & Woocher LLP

<https://a.next.westlaw.com/Link/Document/FullText?findType=Y&serNum=1978109154&pubNum=661&originatingDoc=I04f48ac79e8f11dd9876f446780b7bdc&refType=RP&originationContext=document&transitionType=DocumentItem&contextData=%28sc.Search%29>
<https://a.next.westlaw.com/Link/Document/FullText?findType=Y&serNum=1999087498&pubNum=3484&originatingDoc=I04f48ac79e8f11dd9876f446780b7bdc&refType=RP&originationContext=document&transitionType=DocumentItem&contextData=%28sc.Search%29>
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