MALDEF Files Suit Against California Initiative

From a MALDEF Press Release I have received:

Proposition 77, the measure to change redistricting in California, is being improperly placed on the upcoming special election ballot, said MALDEF in a federal lawsuit filed today. MALDEF is calling for the state to hold off placing the measure on the Nov. 8 ballot until the state complies with the Federal Voting Rights Act. The lawsuit follows a separate state court action by the California Attorney General which also challenges the process by which petitioners gathered signatures for a version of the proposal that differed from the one approved by the Attorney General.

The lawsuit, Martinez v. Monterey County (United States District Court, Northern District, San Jose Division) asserts that the Secretary of State and County officials’ certification and preparations for an election on Proposition 77 violates Section 5 of the federal Voting Rights Act, which is designed to protect minority voters. Under the Act, all changes to voting procedures in certain counties of California, including Monterey County, may not be implemented without first obtaining federal approval.

“Proposition 77's proponents violated the California constitution and election code by filing one version of their ballot initiative to change the way congressional and state legislative districts are redrawn in California, but then collected signatures on another version, giving the state Attorney General no opportunity to review those changes,” said MALDEF Attorney Steven J. Reyes. “And by certifying Proposition 77 for a November 8 election, the Secretary of State has changed the rules for initiative ballot measures.”...

Posted by Rick Hasen at July 20, 2005 02:38 PM