CALIFORNIANS FOR AN OPEN PRIMARY v. McPHERSON

No. S126780.

43 Cal.Rptr.3d 315 (2006)

38 Cal.4th 735

134 P.3d 299

CALIFORNIANS FOR AN OPEN PRIMARY et al., Petitioners, v. Bruce McPHERSON, as Secretary of State, etc., Respondent; California Legislature, Real Party in Interest.

Supreme Court of California.

May 25, 2006.


Attorney(s) appearing for the Case

Strumwasser & Woocher, Fredric D. Woocher, Michael J. Strumwasser, Santa Monica, and Aimee E. Dudovitz, for Petitioners.

Bill Lockyer, Attorney General, Louis R. Mauro, Assistant Attorney General, Catherine M. Van Aken and Geoffrey L. Graybill, Deputy Attorneys General, for Respondent.

Diane F. Boyer-Vine, Jeffrey A. DeLand, Marian M. Johnston, Sacramento, Dulcinea A. Grantham; Remcho, Johansen & Purcell, Kathleen J. Purcell, Robin B. Johansen, San Leandro, Thomas A. Willis, Margaret R. Prinzing and Karen Getman, for Real Party in Interest.


GEORGE, C.J.

We granted review to address an issue of first impression: the proper interpretation of California Constitution, article XVIII, section 1 (article XVIII, section 1), which requires in its second sentence that when the Legislature proposes an amendment of the state Constitution, "[e]ach amendment shall be so prepared and submitted that it can be voted on separately."

We conclude, as did the Court of Appeal below, and consistently with our provision...

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