Plainly constitutional

On Friday (April 3), the United States Court of Appeals for the Ninth Circuit upheld a district court decision that keeps corporations and associations from being official proponents of ballot measures.

A group called Chula Vista Citizens for Jobs and Fair Competition and the Associated Builders and Contractors of San Diego had initially brought suit against Chula Vista mayor Cheryl Cox and two members of the city council. The State of California entered the case as an intervenor on Chula Vista's side

In an en banc (all the sitting judges participating) decision, the court held that an official proponent of a ballot measure had to be qualified to vote — thereby eliminating corporations, associations, and the like from initiative sponsorship. Also, the court said that the official proponent's name should appear on each section of the initiative petition for voters to sign.

The plaintiffs had tried to place an initiative on the ballot that ultimately became Proposition G, which would prohibit Chula Vista from entering project labor agreements. Among other things, the plaintiffs said the First Amendment should knock out the requirement eliminating corporations from sponsoring initiatives. The appeals court, however, decided on April 3 that the requirements are "plainly constitutional."