On January 4, the California Supreme Court ruled that the legislature has the power to put advisory questions on the statewide ballot, if that measure asks about a proposed federal constitutional amendment. Howard Jarvis Taxpayers Association v Padilla. The vote was 6-1. Justice Chin dissented.
Four of the seven justices believe that the legislature cannot put other types of advisory measures on the statewide ballot. Two justices believe that the legislature can put any advisory question on the ballot.
The issue arose when the California legislature passed a bill to put a statewide advisory on the ballot in 2014, asking if the voters want the legislature to help pass a federal Constitutional amendment to overturn Citizens United v FEC. It seems likely that the California legislature will now pass a similar bill, putting such a measure on the ballot in either June or November this year.
In 1984 the California Supreme Court ruled that the initiative process cannot be used to put advisory questions on the ballot, even if they concern a proposed federal constitutional amendment. That case was AFL v Eu, 36 Cal. 3d 687. Thanks to Rick Hasen for the link.
