Can the Attorney General's summary be struck down as violative of the single subject rule?

California, United States of America


The following excerpt is from Insurance Industry Initiative Campaign Com. v. Eu, 203 Cal.App.3d 961, 250 Cal.Rptr. 320 (Cal. App. 1988):

Petitioners complain that the Attorney General's summary does not specifically mention the subjects with which sections 11 and 17 deal. Assuming, for present purposes only that the omission renders the summary legally inadequate and incomplete, we have been cited to no authority nor are we aware of any holding that an initiative may be struck down as violative of the single subject rule solely because the Attorney General has misdescribed it. 3 Although we observed in California Trial Lawyers v. Eu, supra, that the danger of voter deception may inhere in this circumstance, there was an actual violation of the single subject rule in that case. (200 Cal.App.3d at p. 631, 245 Cal.Rptr. 916.) The point of our discussion was that given such a violation, an incomplete title, summary or description by the Attorney General "heightened" (ibid.) the potential for misleading the voters. Here, in contrast, our determination that sections 11 and 17 satisfy the "reasonably germane" test satisfies the single subject requirement of the constitution and ameliorates any deleterious impact the claimed deficiencies in the Attorney General's summary or description might otherwise have had.

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