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Home→Uncategorized→California State Appeals Court Says Legislature May Not Provide for Public Funding of Campaigns Unless Voters Repeal Existing Statutory Ban

California State Appeals Court Says Legislature May Not Provide for Public Funding of Campaigns Unless Voters Repeal Existing Statutory Ban

Posted on August 31, 2019 by Richard Winger

On August 26, the California State Appeals Court issued a 20-page opinion in Howard Jarvis Taxpayers Association v Newsom, C086334. It says that a 2016 law passed by the legislature, authorizing public funding of campaigns by the state or any local government, is invalid. This is because in 1988 the voters passed Proposition 73, which bans public funding of campaigns. Proposition 73 did not put the ban into the state constitution. It was merely a statute. But California generally does not allow the legislature to repeal or amend laws enacted by initiative, unless that original initiative said the legislature could amend it. So, the 2016 law is void.

The issue is complicated because of the numerous changes to the California campaign finance laws. It is likely the state will ask the State Supreme Court to review this decision.

Comments

California State Appeals Court Says Legislature May Not Provide for Public Funding of Campaigns Unless Voters Repeal Existing Statutory Ban — 2 Comments

Demo Rep on August 31, 2019 at 12:17 pm said:

Basic point – voters superior to minority rule gerrymander hacks.

IE ONLY voters can amend/repeal law approved by voters earlier –

BUT legis be able to propose to amend/repeal any such law.
Chris J. on September 2, 2019 at 7:27 am said:

Does this have any effect on public financing programs in chartered cities in California like LA and SF?