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July 22, 2005
Proposition 80 Ordered Removed from the Ballot
After the Sacramento Superior Court ordered Proposition 77 off the ballot yesterday, the Calfironia Court of Appeal for the Third District issued a decision today removing Proposition 80 from the ballot. Proposition 80 would impose new regulatory measures on electricity providers.
The Court explained:
"Proposition 80 is such an unquestionably invalid initiative
measure. Its primary purpose is to confer additional authority
and jurisdiction on the PUC with respect to the electricity market
in our state. It would do so by statutory amendment if enacted
by the voters. However, Proposition 80 runs afoul of the voters'
decision years ago to give the Legislature the exclusive authority
to effect such change. Article XII, section 5 of California’s
Constitution explicitly states the Legislature has the 'plenary
power, unlimited by the other provisions of [the] constitution but
consistent with this article, to confer additional authority and
jurisdiction upon the [PUC] . . . .' Plenary means full, absolute,
and unqualified. Thus, in giving the Legislature such plenary
authority, 'unlimited' by other provisions of the Constitution
(including the electorate's power to enact laws by initiative),
the voters chose to prevent the use of the initiative process to
effect such change."
The opinion can be found here.
At this rate, there will be no measures left on the ballot by the end of next week.
Posted by Randy Riddle at July 22, 2005 01:40 PM