Independent Energy Producers Association v. McPherson

Opinion

GEORGE, C. J.

As in the recent case of Costa v. Superior Court (2006) 37 Cal.4th 986 [39 Cal.Rptr.3d 470, 128 P.3d 675] (Costa), we granted review in this case after a lower court, in an expedited preelection decision, directed that a proposed initiative measure—in this case, Proposition 80—be withheld from the November 8, 2005, election ballot. Unlike the situation presented to this court in Costa, however, in the present case the lower court’s action was not based upon a determination that the initiative failed to comply with a procedural requirement relating to the circulation of the…