Alliance for a Better Downtown Millbrae v. Wade

Opinion

GEMELLO, J.

Does a city elections official have authority to refuse to certify an initiative petition based on extrinsic evidence relating to the manner of its circulation? We conclude that she does not, and that an elections official’s role in certifying an initiative petition is confined to the ministerial task of examining the four comers of the petition for compliance with submission requirements. Here, a city clerk refused to certify an initiative petition after deciding based on extrinsic evidence that it was circulated in violation of state law. This fact finding exceeded the…