AgdaPkt 2008-07-07 Clsd and Reg - Laserfiche WebLink

Browse Search

As a practical matter, most initiatives contain a conflict provision stating that if a competing initiative addressing the same subject is on the same ballot, the initiative that receives the highest number of votes shall prevail. Such a provision ensures that the entirety of the initiative receiving the most votes prevails and that none of the provisions of the other initiative go into effect, even if the two initiatives contain different provisions, propose different solutions, or even have provisions that are arguably consistent. Such a conflict provision establishes that the voters intended that one prevail over the other regardless of whether they conflict in all respects. (See Concerned Citizens v. City of Carlsbad (1988) 204 Cal.App.3d 937.) The conflict provision will be determinative if both initiatives propose alternative regulatory schemes and are presented as competing initiatives. (Taxpayers to Limit Campaign Spending v. Fair Political Practices Comm. (1990) 51 Cal.3d 744, 770.) For example, in City of Carlsbad, the court found that an initiative sponsored by city council (creating an overall limit on the number of dwellings to be built in the City) was valid while a competing initiative (creating an annual limit on the number of dwellings) that received a majority of votes but less votes than the city initiative was invalid. The court found that the City initiative prevailed over the other initiative because it contained an "all or nothing" conflict provision. This was so even though proponents argued that the two measures were arguably consistent and could be implemented together. The Court rejected that argument, saying that what mattered was that the City initiative made clear how the conflict between the two initiatives should be resolved. In sum, a competing initiative does not have to address an issue in the same manner as a competing initiative in order to create a conflict and prevail in its entirety. The important thing is that the initiative contains a provision establishing how the voters want a conflict to be resolved. The proposed Charter amendment initiative contains just such a provision: By voting for this Charter Amendment, the voters expressly declare that any other measure that appears on the same ballot as this Charter Amendment and conflicts with, or purports to amend, any provision of this Charter Amendment, shall be deemed to conflict with the entire set of policies adopted by this Charter Amendment. Because of this conflict, if this Charter Amendment and any such other measure receive a majority of votes by the voters voting thereon at the same election, the measure receiving the most votes in favor shall prevail in its entirety and no provision of the other measure shall take effect. (Proposed Initiative, 95.) Any proposed counter initiative should contain a similar provision. II. COUNTER INITIATIVE PROPOSALS At the June 30 meeting, concerns about the proposed Charter amendment initiative focused primarily on two issues: (1) the two-thirds (supermajority) vote requirement, 3 78 Page 3