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California Proposition 49, Prohibition of Political Party Endorsements for Nonpartisan Candidates Amendment (June 1986)
| California Proposition 49 | |
|---|---|
 | |
| Election date June 3, 1986 | |
| Topic Elections and campaigns | |
Status / Approved/Overturned | |
| Type Constitutional amendment | Origin State legislature |
California Proposition 49 was on the ballot as a legislatively referred constitutional amendment in California on June 3, 1986.
A "yes" vote supported amending the state constitution to prohibit political parties or party central committees from endorsing or opposing nonpartisan candidates. |
A "no" vote opposed this amendment, thereby maintaining that political parties or party central committees could endorse or oppose nonpartisan candidates. |
Election results
|
California Proposition 49 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
2,292,678 | 55.95% | ||
| No | 1,805,305 | 44.05% | ||
Aftermath
Renne v. Geary (1991)
After Proposition 49 was enacted, a group of 10 registered voters sued to have it overturned in the case Renne v. Geary on the grounds that it violated the First and Fourth Amendments of the U.S. Constitution. The United States Court of Appeals for the 9th Circuit agreed that Proposition 49 was unconstitutional. However, the defendant parties to the lawsuit appealed the case to the U.S. Supreme Court and there, the Ninth Circuit's decision was reversed on grounds that the issue was not ripe for review.[1]
California Democratic Party v. Lungren (1996)
In 1996, the United States District Court for Northern California ruled that Section 6(b) of Article 2 of the California Constitution, which was added by Proposition 49, violated the First and Fourteenth Amendments of the U.S. Constitution. The court stated, "California's desire to "level the playing field" for potential candidates by suppressing political parties' speech is not a compelling interest because it is entirely at odds with the First Amendment." The court ordered the state to not enforce the constitutional provision.[2]
Text of measure
Ballot title
The ballot title for Proposition 49 was as follows:
| “ | Nonpartisan offices. Legislative constitutional amendment. | ” |
Ballot summary
The ballot summary for this measure was:
| “ | Existing provisions of California Constitution provide that judicial, school, county, and city offices shall be nonpartisan, but do not prohibit a political party or party central committee from endorsing, supporting, or opposing a candidate for nonpartisan office. This measure would add a provision that no political party or party central committee may endorse, support, or oppose a candidate for such a nonpartisan office. | ” |
Full Text
The full text of this measure is available here.
Path to the ballot
A two-thirds vote was needed in each chamber of the California State Legislature to refer the constitutional amendment to the ballot for voter consideration.
See also
External links
Footnotes
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