Allen v. Burkhart

For reasons hereafter stated, I am unable to agree with the conclusion reached in the majority opinion.

The question posed by this proceeding is whether power and authority rests in the Governor to call a special election on an initiated measure where the date of such election falls on the same date of a so-called general election.

If the answer to the mentioned question is “yes”, then Initiated Petition No. 271, hereafter referred to as “measure”, was adopted. This is true because 335,045 affirmative votes and only 237,287 negative votes were cast on the measure.

This question has never…