The Electricity in the voters can’t be usurped by a legislative physique. Since the Court docket of Attraction has at this time mentioned, enabling the Board of Supervisors to put into practice the very important options on the protested ban ordinance would force the voters to (1) devote beyond regular time, profits and function in circulating a fresh protest petition or (two) acquiesce during the board’s legislative agenda.
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The referendum petition check my reference brought on distinct obligations beneath the Elections Code, which includes that the County was predicted to both (1) place the ban before the voters at an election, or (two) fully repeal the ban and
The Courtroom of Attraction concluded that when the voters communicate on an issue like they did Using the referendum petition, a legislative human body (the Board of Supervisors below) is prohibited from having any action that could contain the effect of employing the crucial element of exactly what the voters protested.
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 Before the successful day of your dispensary ban ordinance, Yet, the County gained a referendum petition from voters protesting the dispensary ban ordinance.
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Even should they attained more than enough legitimate voter signatures in time for you to protest the additional action, a board of supervisors could start off the process once more by repealing the additional motion and adopting a rather modified motion that also accomplished the essential aspect of your protested ordinance. This cycle could continue on until finally essentially the most established protesters ended up worn down, thereby efficiently nullifying the referendum energy of regional voters. T.C.E.File.