August 11, 2014
After last week asking for expedited preliminary briefing concerning a writ petition that seeks to remove an anti-Citizens United proposition (Prop. 49) from this November’s election ballot, the Supreme Court this afternoon issued an order to show cause.
Noting that the measure “can be placed on a future ballot at the Legislature’s direction if the court ultimately determines it is valid,” the court’s order directs the Secretary of State “to refrain from taking any further action related to the placement of Proposition 49 on the November 4, 2014, ballot.” It also requires a formal return to be filed by September 10.
Today is the deadline for the Secretary of State to send the voter information guide to the state printer. It looks like Prop. 49 won’t be part of what is sent.
Chief Justice Cantil-Sakauye filed a concurring and dissenting statement, agreeing that the writ petition merits review by the court, but disagreeing with the court’s decision to take Prop. 49 off the ballot. Justice Liu issued a concurring statement that responds to the Chief Justice’s statement.