An attorney at the heart of a major California election law case said Thursday he doesn’t object to a request for the state Supreme Court to expedite its review, since it could impact the fate of the Chargers stadium vote and another important San Diego ballot measure .
Lawyer Roger Jon Diamond represents the California Cannabis Coalition, which sued the city of Upland, in San Bernardino County, after municipal officials initially held off on putting a citizen’s initiative before voters. The initiative specifies certain fees that officials believed to be a tax, necessitating two-thirds approval to pass instead of a simple majority.
A Superior Court judge earlier ruled that tax requirements in state law that necessitate two-thirds approval don’t apply to initiatives brought by citizens. The decision was overturned on appeal, and the state’s high court agreed June 30 to hear the case.
San Diego City Attorney Jan Goldsmith on Wednesday sent a letter to the Supreme Court asking for an expedited review, so that voters in November know whether the local ballot measures on the Chargers stadium and tourism funding will require two-thirds to pass, or 50 percent plus one. Both call for hiking the city’s hotel room tax.
Otherwise, the initiatives could get more than 50 percent of the vote, but less than 66.7 percent, and residents won’t know if they passed or not, according to the city attorney.
In his letter to the Supreme Court, he said San Diego faces “a legal perfect storm.” Both initiatives “are of great importance” to the city and its residents, Goldsmith wrote.
If the high court justices decide against expedited review, the city attorney asked that they take jurisdiction over the matter and tell local officials the percentage required for the initiatives to pass, so that the results can be certified.
Diamond told City News Service he has spoken to Goldsmith about the issue and doesn’t object to an expedited review.
The Chargers, who seek to construct a stadium and convention center annex in the East Village, have long expected to need two-thirds approval.
Supporters of the Citizens Plan for San Diego — which would direct tourism funding, ban a waterfront expansion of the San Diego Convention Center and encourage university expansion onto the Qualcomm Stadium property, should it become available — contend they only need a simple majority to pass.
–City News Service
