Gage v. Jordan

147 P.2d 387, 23 Cal. 2d 794, 1944 Cal. LEXIS 201
CourtCalifornia Supreme Court
DecidedMarch 21, 1944
DocketL. A. 18816
StatusPublished
Cited by57 cases

This text of 147 P.2d 387 (Gage v. Jordan) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gage v. Jordan, 147 P.2d 387, 23 Cal. 2d 794, 1944 Cal. LEXIS 201 (Cal. 1944).

Opinions

CARTER, J.

Petitioner, a qualified elector of Los Angeles County, applied to this court for a writ of mandate to compel the Secretary of State and the Registrar of Voters of Los Angeles County to omit from any ballot at any general or special election to be held in the future, the proposed initiative constitutional amendment known as the “Retirement Life Payment Amendment,” and entitled by the attorney general, “Gross Income Tax, Warrant Credits.” Petitioner also asked that the Secretary of State be compelled [797]*797to correct certificates of qualification transmitted by him in June, 1943, to the county clerk or registrar of voters of each county in the state by notifying those officials that the certificates should be disregarded, that the measure has never qualified, and that it must be omitted from any future ballot.

An alternative writ issued, in return to which the attorney general filed a demurrer and answer and the sponsors of the measure also intervened and answered. There is no dispute as to the facts. The issues joined present solely the problem of proper construction and application of article IV, section 1, of the Constitution of this state, particularly the provision of the second paragraph of said section which reads as follows:

“The first power reserved to the people shall be known as the" initiative. Upon the presentation to the Secretary of State of a petition certified as herein provided to have been signed by qualified electors, equal in number to eight per cent of all the votes cast for all candidates for Governor at the last preceding general election, at which a Governor was elected, proposing a law or amendment to the Constitution, set forth in full in said petition, the Secretary of State shall submit the said proposed law or amendment to the Constitution to the electors at the next succeeding general election occurring subsequent to 130 days after the presentation aforesaid of said petition, or at any special election called by the Governor in his discretion prior to such general election. . . .” (Italics ours.)

The initiative measure here involved was first promulgated in 1940. On March 5th of that year the sponsors obtained from the attorney general a title and summary preparing the measure for submission to the voters as proposed article XXXII of the Constitution. Petitions for signatures were circulated in various counties and on May 29, 1940, the first certificates were received by the Secretary of State from county clerks. Supplemental certificates were received up to August 16, 1940, when a total of 196,498 signatures of qualified electors had been certified.

The “last preceding” general election for governor had been held in November, 1938, at which 2,651,463 votes were cast. As specified in the above quoted provision, 8 per cent of this number or 212,117 signatures were required to entitle an'initiative measure to a place on the ballot “at the [798]*798next succeeding general election occurring subsequent to 130 days after the presentation aforesaid of said petition.” The circulation of original, as distinguished from supplemental, petitions had been discontinued on June 28th, which was exactly 130 days prior to November 5, 1940, the date of the “next succeeding general election.” Therefore, because of lack of sufficient signatures the measure did not qualify for a place on the ballot in November, 1940. A last minute attempt to certify enough additional signatures to qualify the measure was unsuccessful (Thompson v. Kerr (1940), 16 Cal.2d 130 [104 P.2d 1021]), and the certified signatures lay dormant in the office of the Secretary of State through all of 1941 and 1942.

At the general election in November, 1942, however, only 2,234,545 votes were east for governor, 8 per cent of that number being 178,764. Hence if ,the qualification, certification, and presentation of signatures to the Secretary of State in 1940 did not become ineffective and void upon the failure of the measure to qualify for the 1940 ballot, there were by reason of the intervening 1942 election, enough signatures to qualify the measure for the 1944 ballot. Thus the question is directly presented of whether or not an initiative measure, having once failed to qualify for the ballot for want of enough signatures, is automatically revitalized by a sufficient decrease in the number of votes east at a subsequent gubernatorial election to bring the number of signatures secured within the 8 per cent limit based upon the number of votes cast at said subsequent election.

In addition, it appears that in 1943, signatures were sought in Imperial County, where petitions had not previously been circulated, and that in May of that year thirty-nine qualified signatures from that county were certified to the Secretary of State. This made a grand total of 196,537 signatures. But without these additional signatures there had already been certified more than sufficient'to qualify the measure for the 1944 ballot on the basis of 8 per cent of the votes cast in 1942, if that basis could properly be employed upon the theory that the time for “presentation” to the Secretary of State (see above quoted provision) had not lapsed upon the failure of the measure to qualify for the 1940 ballot. Thus the further question is also presented whether an initiative petition received by the Secretary of State and continuing [799]*799to be circulated is not to be regarded as finally “presented” to or “filed” by him until it has sufficient signatures to qualify for the ballot, regardless of how many years this may take. In this connection, paragraph 13 of section 1, supra, provides that “a petition shall be deemed to be filed with the Secretary of State upon the date of the receipt by him of a certificate or certificates showing said petition to be signed by the requisite number of electors of the State.”

Preliminary to a discussion of these questions, it may be noted that the problem is one of first impression upon which no authority directly in point has been found in this or any other jurisdiction of the United States. It must therefore be solved by a proper and reasonable construction of the quoted provision, read in pari materia with the full context of the section and all other pertinent legislation. No similar situation will arise in the future because the Legislature in 1943 incorporated in the Elections Code a statute containing a time limitation provision (see Elec. Code, sec. 1407, Stats. 1943, p. 1127).

The desirability of having initiative measures, particularly those of such importance as the present one, reach the ballot without delay or excessive expenditures of time, money, and effort is a factor of which the courts are ever mindful. All doubt as to the construction of pertinent provisions is to be resolved in favor of the initiative and such legislation is to be given the same liberal construction as that afforded election statutes generally (Ley v. Dominguez (1931), 212 Cal. 587 [299 P. 713]; see, also, California Teachers Assn. v. Collins (1934), 1 Cal.2d 202 [34 P.2d 134]; Willett v. Jordan (1934), 1 Cal.2d 461 [35 P.2d 1025]; Uhl v. Collins (1932), 217 Cal. 1 [17 P.2d 99, 88 A.L.R. 1371]; Hinkley v.

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Bluebook (online)
147 P.2d 387, 23 Cal. 2d 794, 1944 Cal. LEXIS 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gage-v-jordan-cal-1944.