The Planning and Conservation League (PCL), a Sacramento-based Nonprofit Environmental Organization, filed a Lawsuit in the California Supreme Court to remove the Three States Initiative, Proposition 9, from the November Ballot.
The Lawsuit claimed, “Proposition 9, which would make sweeping changes in our state’s basic constitutional framework, constitutes a patent misuse of California’s initiative process.” Tim Draper, the Initiative’s Sponsor, had not responded to the Litigation. The State Supreme Court will decide whether to take up the Case in the coming weeks.
The Lawsuit focuses on whether Proposition 9 would make a Major Change to the State's Constitutional Framework.
Article 18 of the California Constitution says that Ballot Initiatives can Amend the State Constitution. However, Constitutional Revisions require a Two-Thirds Vote of each Legislative Chamber or a Vote of Delegates, a Constitutional Convention, and Voter Approval. The California Supreme Court has defined Constitutional Revisions as Changes that alter the Basic Governmental Framework and concluded that Initiatives cannot make Revisions.
Section 3 of Article IV of the U.S. Constitution requires the Consent of the California State Legislature and the U.S. Congress to Divide California.
Draper acknowledges this, stating, "To be clear: The vote this November is just the first step toward greatness... From there, we will need the U.S. Congress to approve our right to be three."
The Initiative itself States that the Initiative fulfills the Role of the Legislature. The Initiative would task the Governor with asking Congress to Divide the State of California into Three States.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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