What is the test for determining whether a voter initiative is constitutional?

California, United States of America


The following excerpt is from People v. Helms, E063889 (Cal. App. 2016):

When interpreting a voter initiative, "we apply the same principles that govern statutory construction." (People v. Rizo (2000) 22 Cal.4th 681, 685.) We first look "'to the language of the statute, giving the words their ordinary meaning.'" (Ibid.) We construe the statutory language "in the context of the statute as a whole and the overall statutory scheme." (Ibid.) If the language is ambiguous, we look to "'other indicia of the voters' intent, particularly the analyses and arguments contained in the official ballot pamphlet.'" (Ibid.)

Defendant Failed to Meet His Burden of Proof of Eligibility for Resentencing

Page 5

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