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

Summary

The California Supreme Court held that the 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. The court concluded that the Legislature possesses an implied investigative authority, that advisory consultation is consistent with historical practice and constitutional structure, and that Proposition 49 was reasonably related to the Legislature’s potential federal-amendment actions. The court retained jurisdiction despite technical mootness, denied the writ petition, discharged the order to show cause, and vacated the stay. Justice Chin, dissenting, would have barred future legislative advisory measures, while the other separate writings generally agreed with the result but differed over the proper source and scope of legislative authority.