By Will McCarthy, POLITICO
The California Supreme Court is giving some indications they will consider a case asking for the removal of a November ballot measure that targets the funding of one organization, the AIDS Healthcare Foundation.
Late last week, the court requested briefs related to the Proposition 34 challenge on an expedited timeline, an unusual request that suggests it is open to hearing the case.
Why it matters: If the state’s highest court removes the measure from the November ballot, it will mark the second such decision in recent weeks. Last month, the court killed the Taxpayer Protection Act, a high-profile initiative that would have made it more difficult to raise taxes in the state.
Key context: Opponents of Prop 34 have argued that it is unconstitutional because it targets one organization, the AIDS Healthcare Foundation. The measure would require AHF to spend 98 percent of its taxpayer-generated revenues on direct patient care, an apparent attempt to stop the tax-exempt nonprofit from using its funding to advance its political agenda, including expanded rent control, at the ballot box.
The California Apartment Association, the group that spearheaded the initiative, filed a brief on Friday in support of Prop 34. The same day, the court asked for a reply from AHF within two business days — a sign that the court is seriously considering the challenge.
“It doesn’t happen often,” said Jerry Flanagan, the litigation director for Consumer Watchdog, a progressive nonprofit that filed an amicus letter on behalf of AHF. “The justices are not going to push a quick turnaround if they’re not interested.”
What’s next: California courts are typically reluctant to cut off democratic debate or remove a measure before voters have a chance to weigh in. But an expedited timeline shows the court may indeed rule on whether Prop 34 should be booted off the ballot prior to the Aug. 12 deadline for the secretary of state to print materials for the November ballot.
