Becerra v. Superior Court of Sacramento Cnty.
19 Cal. App. 5th 967
| Cal. Ct. App. 5th | 2017Background
- In April 2017 the Legislature enacted SB 1 (Road Repair and Accountability Act), instituting new gas/diesel taxes and vehicle fees to fund transportation projects.
- Proponent Travis Allen filed an initiative (17-0004) to repeal many provisions of SB 1, including specified tax and fee increases; Allen requested a circulating title and summary from the Attorney General under Elections Code §9001.
- The Attorney General prepared a ≤100-word circulating title and summary describing repeal of specified fuel taxes and vehicle fees and stating the fiscal impact estimate from the Legislative Analyst.
- Allen petitioned the superior court, arguing the Attorney General’s circulating title and summary was false, misleading, and omitted the words “tax” and “fee” in the title; the superior court ordered the AG to rescind and replace the title/summary with court-drafted language that explicitly used “taxes” and “fees.”
- The Attorney General sought a peremptory writ in the Court of Appeal; this court stayed the superior court’s order and, after briefing, granted the writ, holding the AG’s title and summary were not false, misleading, or prejudicial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the AG’s circulating title and summary are false, misleading, or argumentative | Allen: Title omits the words “tax” and “fee,” is misleading, focuses on eliminating funding rather than repeal of taxes/fees | AG: Title and summary read together identify specific taxes/fees repealed and fiscal impacts; within AG’s discretion and not misleading | Held: Title and summary are not false, misleading, or prejudicial; AG has broad discretion and materials must be overturned only on clear and convincing proof |
| Whether title and summary must be judged separately (title alone must include words like “taxes”/“fees”) | Allen: Title must independently satisfy statutory requirements and include explicit words | AG: Elections Code treats title and summary as a single document to be read together | Held: Read together as one document; title need not independently include particular words if summary supplies them |
| Whether the order of presenting the initiative’s effects (eliminating funding vs. repealing taxes/fees) makes language misleading | Allen & superior court: Presenting elimination of funding first obscures primary purpose (repeal of taxes/fees) | AG: Both effects are accurate and neutrally presented; AG may choose order within discretion | Held: Order choice falls within AG’s considerable latitude and does not render the language misleading |
| Whether the superior court properly substituted its own language for the AG’s | Allen: Court-proposed language clearer and complies with 100-word limit; AG could have used different wording | AG: Courts must defer to AG absent clear and convincing proof of misleading language | Held: Superior court erred — judicial replacement not warranted given deference to AG and lack of clear & convincing evidence |
Key Cases Cited
- Palma v. U.S. Industrial Fasteners, Inc., 36 Cal.3d 171 (describing peremptory writ in first instance procedural requirements)
- Amador Valley Joint Union High Sch. Dist. v. State Bd. of Equalization, 22 Cal.3d 208 (Attorney General's title and summary presumptively accurate; avoid misleading public)
- Yes on 25, Citizens for an On-Time Budget v. Superior Court, 189 Cal.App.4th 1445 (standard for overturning AG titles: clear and convincing proof needed)
- Epperson v. Jordan, 12 Cal.2d 61 (deference to Attorney General's actions in preparing titles and summaries)
- Tinsley v. Superior Court, 150 Cal.App.3d 90 (Attorney General afforded considerable latitude)
- Lungren v. Superior Court, 48 Cal.App.4th 435 (title/summary may legitimately vary; courts should accept AG’s opinion absent untruth or misleading content)
- Costa v. Superior Court, 37 Cal.4th 986 (courts most concerned where ballot materials withhold vital information from signature-gathering public)