The City and County of San Francisco on March 18, 2010 joined with public entities from throughout California in a lawsuit to strike the controversial PG&E-funded initiative constitutional amendment, Proposition 16, from the June 8, 2010 statewide ballot for being wholly false and misleading, and for concealing its true nature and purpose from voters.
Dubiously self-entitled the "Taxpayers Right to Vote Act" by its proponents, despite having no bearing on taxation or government spending, the California Attorney General recently re-entitled the measure, "New Two-Thirds Vote Requirement for Local Public Electricity Providers." The proposed amendment would impose a new super-majority vote threshold before public entities in California would be allowed to pursue virtually any energy services programs intended to benefit ratepayers or the environment.
Said City Attorney Dennis Herrera: "Despite what its proponents would have us believe, Prop 16 doesn't help taxpayers and doesn't empower voters-in fact, it does the exact opposite. Enabling a one-third minority to hold the will of the majority hostage has been a disaster for our state budget process in Sacramento. Now, Prop 16 would impose that recipe for deadlock on California's energy future. State law enables courts to remove initiatives that misrepresent and conceal their true nature and purpose. If our elections laws are to have meaning, the court should strike this deceptive amendment from the ballot."
April 28, 2010 Reply Brief
March 18, 2010 Original Petition