Taxpayers to Limit Campaign Spending v. Fair Political Practices Commission

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Taxpayers to Limit Campaign Spending v. Fair Political Practices Commission was decided by the California Supreme Court on November 1, 1990.

The court determined that when two initiatives covering the same topic appear on the same ballot, the one initiative receiving the most votes supersedes the other measure in all respects, even though some of the provisions of the one initiative with fewer voters do not conflict with the provisions of the other measure receiving the higher number of voters.

The case concerned California Proposition 68 (1988) and California Proposition 73 (1988). Both initiatives were about regulating political campaign contributions. They both passed, but 73 received more votes than 68. In the litigation, it was established that the provisions of the two initiatives conflicted and could not be reconciled.

The same law firm (Remcho, Johansen and Purcell) that brought this action then sued, in the case of Service Employees International Union v. Fair Political Practices Commission, and got Proposition 73 invalidated, as well.

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