AB 421 Contains Two Unique Provisions

Assembly Bill 421 by Assemblyman Isaac Bryan (D-Los Angeles), that deals with referendum measures has two “plus sections” of interest because they are not seen regularly in legislation. The first would limit the time in which AB 421, if it were to become a statute, could be challenged in court. The second makes a legislative finding that does not arise very often.

In Section 12 of the bill, AB 421 provides the following:

Any judicial action or proceeding to challenge, review, set aside, void, or annul the provisions of this act, or any portion of this act, may proceed only by application or complaint filed in a court of competent jurisdiction within 45 days of the effective date of this act. The action or proceeding, or any appeal therefrom, shall be given precedence on the court’s docket and shall have priority over all other civil matters. Any relief granted by a court shall not interfere with the conduct of the November 5, 2024, statewide general election, and in no event shall relief be granted after the 88th day preceding that election.

As a result of this language, a lawsuit to challenge the validity of AB 421 would have to be brought within a month and a half of when the statute takes effect. Because AB 421 contains an urgency clause, it would take effect immediately upon the Governor’s signature and the chaptering of the bill, which occur before mid-October.

Of interest is that there are fewer than 20 statutes in the California Codes with a similar limitation on a legal challenge to the statute. One existing statute provides a 180-day period in which to file a lawsuit; one existing statute provides a 90-day period in which to file the legal challenge; and, the remainder provide a 120-day period.

In Section 14 of the bill, AB 421 provides the following:

The Legislature finds and declares that this act permits or requires the inclusion of additional information in the ballot pamphlet in accordance with Section 88007 of the Government Code.

As a result of this language, the Legislature is making a finding and declaration that the statute, if AB 421 were enacted, would have the Secretary of State include additional information in the statewide voter pamphlet.

Government Code Section 88007 is found in Title 9, the Political Reform Act of 1974, Chapter 8, dealing with ballot pamphlets. Section 8807 provides the following:

Notwithstanding the provisions of Section 81012, the Legislature may without restriction amend this chapter to add to the ballot pamphlet information regarding candidates or any other information.

One question raised in my mind is why a finding and declaration has to be made. In other words, Government Code Section 88007 allows “without restriction” the Legislature to add required information to be added to ballot pamphlets. As the Legislature has free reign to do so, why would a finding and declaration need to be made?