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DC BD. OF ELECTIONS AND ETHICS v. DC

Nos. 03-CV-549, 03-CV-560.

866 A.2d 788 (2005)

DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS and District of Columbia Campaign for Treatment, Appellants, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided January 27, 2005.

Attorney(s) appearing for the Case

Terri D. Stroud, with whom Kenneth J. McGhie, was on the brief, for appellant District of Columbia Board of Elections and Ethics.

Julie M. Carpenter, with whom Jared O. Freedman, Washington, DC, was on the brief, for appellant District of Columbia Campaign for Treatment.

Bennett Rushkoff, Senior Counsel, with whom Robert J. Spagnoletti, Corporation Counsel at the time, and Edward E. Schwab, Acting Deputy Corporation Counsel at the time, were on the brief, for appellee.*

Before WAGNER, Chief Judge, REID, Associate Judge, and STEADMAN, Senior Judge.

STEADMAN, Senior Judge:

In November 2002, the voters of the District of Columbia approved and adopted the "Treatment Instead of Jail for Certain Non-Violent Drug Offenders Initiative of 2002," which provided for substance abuse treatment as an alternative to incarceration for certain drug offenses. The District of Columbia brought suit to invalidate the initiative on the ground that it fell within the exclusion from the initiative process of "laws appropriating funds...

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