What is the test for judicial review in this case?

Finally, this is not a case where government speech has entered the lists in a political controversy submitted to a vote of the people. We are told that when the electorate is to exercise its franchise there is a heightened need for constitutionally based judicial oversight to avoid "poisoning the well" of majoritarian principle. (See, e.g., Stanson v. Mott (1976) 17 Cal.3d 206, 219, 130 Cal.Rptr. 697, 551 P.2d 1.)