Sacramentans for Accountable Government files emergency writ in the Court of Appeal seeking to overturn Superior Court ruling
1.25.10

SACRAMENTO – Today Sacramentans for Accountable Government (SAG) filed an emergency writ in the Third District Appellate Court seeking to overturn last week’s ruling by Superior Court Judge Loren McMaster removing the Sacramento Charter Reform Initiative from the June ballot.

The appeal challenges the Superior Court’s conclusion that the initiative is an unconstitutional revision of the City Charter, stating that, “The ruling misinterprets not only the charter amendment, but also the relevant law. It also deprives the voters of Sacramento of their precious right of initiative despite the fact that there is no direct authority in support of the Court’s order.”

In addition, the appeal points out that the Superior Court ruling was flawed in a number of ways, such as:
  • The court ignored its duty to resolve all doubts in favor of the people’s power of initiative;
  • The court ignored the appellate courts’ repeated admonition against pre-election review;
  • The court misapplied the California Supreme Court’s analysis of the distinction between amendments and revisions;
  • The court misconstrued the charter measure; and
  • The court fails to recognize Constitutional provisions that permit changes in the manner of appointment of city officers to be made by amendment
The appeal emphasizes that the ruling amount to an unjustified intervention in the electoral process, noting that, “Since 1911, the California Supreme Court has invalidated two statewide ballot measures as impermissible revisions of the Constitution, and California courts have never even considered what constitutes a similar revision of a city charter.”

Thomas Hiltachk, legal representative for SAG stated, “This appeal stands on solid legal ground and we are fully confident the Appellate Court will recognize its merits given previous decisions in similar cases. More than 50,000 Sacramentans wanted the opportunity to vote for change at City Hall in June and they should have that right.  Sacramento deserves better than the status quo and the courts should not stand in the way of reform. We expect that the Appellate Court will side with the people.”

Text of Appeal (PDF)
 
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