Eblovi v. Blair

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Eblovi was a proponent of a citizen-sponsored initiative appearing on the City of Half Moon Bay June 7, 2016 ballot as Measure F. Eblovi sought an order directing the interim city clerk to strike "Primary Argument Against Measure F" and "Rebuttal to Argument in Favor of Measure F.” Eblovi alleged that because Measure F was placed on the ballot by petition, by statute, only the city council had authority to submit an argument against the ballot measure. Elections Code 9282(a) states: For measures placed on the ballot by petition, the persons filing an initiative petition pursuant to this article may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance. The Arguments had been submitted by five electors. Denying the motion, the court reasoned that section 9282(a) should be interpreted to favor permissive participation in the electoral process, not restrictive participation. The court of appeal affirmed, noting the “long-standing” interpretation of the word “may” in this context. View "Eblovi v. Blair" on Justia Law