Warner v. Kenny

CARTER, J.

Petitioners seek a writ of mandate to compel the respondent attorney general to forthwith issue a title and summary for a proposed initiative measure.

On October 15, 1945, petitioners submitted to the attorney general a draft of their proposed measure together with the required fee of $200, and requested the preparation of a title and summary (Elec. Code, §1401). No action was taken by the attorney general until January 2, 1946, when petitioners were notified by letter of his refusal to issue a title and summary on the ground that the measure was substantially the same as a measure which had been duly entitled and summarized in May, 1945, but on which no petitions had been "

[629]

filed within the prescribed 90-day period thereafter (Elec. Code, § 1407). Petitioners thereupon instituted the present proceeding.

The question presented is that of proper interpretation of section 1407,

supra,

of which the pertinent portion provides that “No petitions for a proposed initiative measure shall be circulated for signatures prior to the official summary date. First petitions with signatures on a proposed initiative measure shall be filed with the clerk or registrar of voters not later than 90 days from the ‘Official summary date’ of such proposed initiative measure, and no clerk or registrar of voters shall accept first petitions on such proposed initiative measure thereafter.”

The position taken by the attorney general is that if he were to issue a title and summary for a measure which is substantially the same as a previously entitled and summarized measure which has lapsed by reason of the failure of its proponents to qualify it for a place on the ballot, the effect would be to nullify the above quoted provision of section 1407 prohibiting the acceptance for filing of any first petition on a measure later than 90 days from the official summary date.

Unquestionably the Legislature has authority to supplement the constitutional provisions for the initiative (Const., art. IV, § 1) with statutes designed to further its purpose and safeguard the process from abuse (see Elec. Code, div. IV), and any reasonable legislative regulation which is in furtherance of and not a limitation upon the power reserved in the Constitution to the people is valid and enforceable.