November 17, 2016

Temporary stay temporarily denied in Prop. 66 challenge case

In the original proceeding filed to challenge Proposition 66, the Supreme Court this afternoon declined to prevent the Secretary of State from certifying the ballot measure’s election results or to stay enforcement of the likely new law, although the denial of the stay is temporary.  The court said that a stay before election results are certified is “unnecessary” and that the challengers can renew their request for a stay of enforcement once the certification occurs.  Election results should be certified by December 16.

The court’s order suggests that the court believes Proposition 66 will not be effective until the Secretary of State certifies its passage (the Constitution provides, however, “An initiative statute . . . approved by a majority of votes thereon takes effect the day after the election”) and that the court will not even decide whether it will hear the challenge until after the certification.

Chief Justice Tani Cantil-Sakauye and Justice Ming Chin are recused and did not participate in today’s order.

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