Voice of Surprise v. Skip Hall

Summary

The court held that omitting the challenged ordinance from an application for a referendum petition serial number is an application defect that cannot be cured by proving that officials and petition signers knew which ordinance was being referred. It also held that the City Clerk lacked constitutional or statutory authority to reject the circulated petition sheets and signatures on that basis. The court vacated the appellate decision, reversed the superior court judgment, and remanded for consideration of defenses and any alternate challenges.