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

[Rick Hasen]

I've learned to never bet against Fred Woocher.


Rick Hasen

Sent from my iPhone. Please excuse typos.

On Mar 25, 2015, at 11:05 PM, Fredric Woocher <fwoocher at strumwooch.com<mailto:fwoocher at strumwooch.com>> wrote:

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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