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HUENING v. EU

Docket No. C008543.

231 Cal.App.3d 766 (1991)

282 Cal. Rptr. 664

TOM HUENING, Plaintiff and Respondent, v. MARCH FONG EU, as Secretary of State, etc., Defendant and Respondent; DONALD MALE, as State Printer, etc., Real Party in Interest and Respondent; TOM NOBLE et al., Real Parties in Interest and Appellants.

Court of Appeals of California, Third District.

June 25, 1991.

Attorney(s) appearing for the Case

COUNSEL

No appearance for Plaintiff and Respondent.

Remcho, Johansen & Purcell, Lowell Finley and John Lewis for Real Parties in Interest and Appellants.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, N. Eugene Hill, Assistant Attorney General, Catherine Van Aken and Marsha A. Bedwell, Deputy Attorneys General, for Defendant and Respondent and for Real Party in Interest and Respondent.

OPINION

PUGLIA, P.J.

Elections Code section 3564.1 (hereafter section 3564.1), deals with arguments concerning measures submitted to the voters. It prohibits the use in a ballot argument of the name of anyone represented to be for or against a ballot measure without that person's consent. In this appeal we decide that section 3564.1 is invalid and of no force or effect because its enactment did not comply with the procedure specified...

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