Howard Jarvis Taxpayers Association, Petitioners v. Alex Padilla, as Secretary of State

Summary

The court held that the California Legislature may place a nonbinding advisory question on the statewide ballot to obtain public input relevant to its powers under article V of the federal Constitution. Although the particular election had passed and the controversy was technically moot, the court retained jurisdiction because the issue was important, likely to recur, and could arise again through identical legislation. Applying deferential review, the court concluded that Proposition 49 was reasonably related to the Legislature’s article V functions and was not barred by the California Constitution. Justice Chin, dissenting, would have prohibited future legislative advisory measures of this kind, while the concurring opinions generally agreed with the result but differed over the breadth and constitutional basis of the Legislature’s authority.