Cal Supreme Court Grants Request from Governor and Legislature to Invalidate Tax Measure

Proposed Initiative Ruled an Unlawful Means of Revising the Constitution

California State Seal Sacramanto, California, Usa

On June 20, 2024 the California Supreme Court unanimously ruled that an initiative from the November 2024 state ballot requiring voter approval for any increase in state or local fees was unconstitutional. On September 26, 2023 attorneys from Olson Remcho filed an emergency writ with the California Supreme Court on behalf of Governor Gavin Newsom, the California Legislature, and former Senator John Burton asking the Court to invalidate the initiative. Olson Remcho attorneys on the writ include Robin Johansen, Richard Rios, Margaret Prinzing, and Inez Kaminski, with Prinzing arguing the case before the court on May 5.

The Court’s opinion states: “The only question before us is whether the measure may be validly enacted by initiative. After considering the pleadings and briefs filed by the parties and amici curiae as well as the parties’ oral arguments, we conclude that Petitioners have clearly established that the challenged measure would revise the Constitution without complying with the appropriate procedure . . . We therefore issue a peremptory writ of mandate directing the Secretary to refrain from taking any steps to place the TPA on the November 5, 2024 election ballot or to include the measure in the voter information guide.”

“We are very pleased to have been able to represent the Governor and Legislature in this important matter,” said Richard Rios, Managing Partner of Olson Remcho. A spokesperson for Governor Newsom noted that “the Governor believes the initiative process is a sacred part of our democracy, but as the Court’s decision affirmed today, that process does not allow for an illegal constitutional revision.”