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HOWARD JARVIS TAXPAYERS ASSN. v. PADILLA

No. S220289.

62 Cal.4th 486 (2016)

196 Cal. Rptr. 3d 732

363 P.3d 628

HOWARD JARVIS TAXPAYERS ASSOCIATION et al., Petitioners, v. ALEX PADILLA, as Secretary of State, etc., Respondent; LEGISLATURE OF THE STATE OF CALIFORNIA, Real Party in Interest.

Supreme Court of California.

January 4, 2016.

Attorney(s) appearing for the Case

Bell, McAndrews & Hiltachk, Thomas W. Hiltachk and Charles H. Bell, Jr. , for Petitioners.

No appearance for Respondent.

Diane F. Boyer-Vine , Jeffrey A. DeLand , Robert A Pratt ; Strumwasser & Woocher, Fredric D. Woocher , Michael J. Strumwasser and Dale K. Larson for Real Party in Interest.

Douglas T. Kendall , Elizabeth B. Wydra , David H. Gans and Tom Donnelly for Constitutional Accountability Center as Amicus Curiae on behalf of Real Party in Interest.

Ronald A. Fein ; Arnold & Porter, Steven L. Mayer and Amie L. Medley for Free Speech for People, Inc., as Amicus Curiae on behalf of Real Party in Interest.

Michael B. Salerno , Steven Bonorris and Nedda Black for The Center for State and Local Government Law as Amicus Curiae on behalf of Respondent and Real Party in Interest.

OPINION

In 2014, the California Legislature sought to place on the general election ballot a nonbinding advisory question, Proposition 49. The measure would have asked the electorate whether Congress should propose, and the Legislature ratify, a federal constitutional amendment overturning the United States Supreme...

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