The Supreme Court had just yesterday finished its review of one controversial ballot proposition, when another one landed on its docket today. Governor Jerry Brown is asking the Supreme Court to overturn a superior court order, filed yesterday, that the Sacramento Bee calls “a major setback for Gov. Jerry Brown’s sweeping prison and parole initiative.” The order, which was sought by the California District Attorneys Association, prevents the circulation for voter signatures of an initiative that would make certain nonviolent felons eligible for early parole.
The governor’s emergency writ petition in Brown v. Superior Court is available here, and the two-volume appendix in support of the petition is available here and here. Attorney General Kamala Harris — a real party in interest in the writ proceeding — has already filed a letter supporting the writ petition.
From a very quick review of these materials, it appears the primary issue concerns the application of a recent change in the initiative process. The submission to the Attorney General of a proposed initiative now begins a 30-day public review period, during which the initiative proponent can “submit amendments to the measure that are reasonably germane to the theme, purpose, or subject of the initiative measure as originally proposed.” (Elections Code, section 9002.) It looks like Governor Brown submitted amendments that the superior court found to be not germane.
The governor bypassed the Court of Appeal with his writ petition because of exigent circumstances – the petition reports that the governor’s “signature-gathering firm has advised [the governor and two other proponents] that it may become impossible to qualify the measure in time for the November 2016 election if the Attorney General is prohibited from issuing a circulating title and summary by [tomorrow].” The petition requests an immediate stay of the superior court’s order. The Supreme Court will move quickly on this.
[Updated with link to the proposed initiative as proposed to be amended.]
[Evening update: No stay, but expedited supplemental briefing, for governor’s writ petition.]
[Friday evening update: Supreme Court gives Governor Brown a stay.]