What is the test for a referendum on an existing statute?

California, United States of America


The following excerpt is from Santa Clara County Local Transp. Auth, 19 Cal.App.4th 1792, 24 Cal.Rptr.2d 854 (Cal. App. 1993):

Next, a referendum, contrary to RPI's view, does not operate on an "existing statute," if by that term RPI mean a statute that has become effective. Rather, a referendum operates "to require voter ratification of measures passed but not yet in effect." (Westminster, supra, 204 Cal.App.3d at p. 627, 251 Cal.Rptr. 511; see Whitmore v. Carr (1934) 2 Cal.App.2d 590, 592, 38 P.2d 802.) Indeed, a referendum petition stays the effective date of a measure that has been enacted by the legislative body. (See Elec.Code, 3753, 4051.) If the voters ratify the measure, then it becomes effective; if they reject it, then it does not. This process accurately describes the operation of section 53722: if a local government passes a tax measure, voters must ratify it to make it effective.

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