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Single-Subject Challenge to Death Penalty Initiative

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CJLF has filed a challenge to the "Savings, Accountability, and Full Enforcement for California Act" initiative.

What is that, you ask?  Given the title, you will probably be surprised to learn it is the initiative to repeal the death penalty.  And that is a prominent feature of our argument.

The California Constitution provides, "An initiative measure embracing more than one subject may not be submitted to the electors...."  This initiative combines death penalty repeal with an unrelated provision to transfer $100M from the state general fund to a special fund under the control of the Attorney General.  Neither the proponents nor the Attorney General have been able to come up with a title that embraces both provisions, a strong indication they are separate subjects within the meaning of the constitutional provision.

The lead petitioner is Phyllis Loya.  Her son, Officer Larry Lasater, was murdered in the line of duty in 2005.  One of the perpetrators is on death row.

Our petition in Loya v. Bowen, C071040, is here.

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