Howard Jarvis Taxpayers Assn. v. Weber
Annotate this CasePetitioners Howard Jarvis Taxpayers Association, David Shawver, Brooke Paz, Ryan Hoskins, and Amanda McGuire brought two petitions for writ of mandate challenging the constitutionality of legislative amendments made to the procedures governing the recall of state officers. Petitioners began a recall proceeding in April 2017 with the aim of obtaining certification in August 2017 for the November 2017 election. The Legislature changed the law in June 2017 by passing Senate Bill No. 96 (2017-2018 Reg. Sess.). Petitioners filed a writ petition in case No. C085176, challenging the constitutionality of Senate Bill No. 96 on single-subject grounds. The Court of Appeal issued an order temporarily staying the enforcement of the amendments to the Elections Code effected by Senate Bill No. 96. On August 24, 2017, the Legislature enacted similar revisions to the recall procedures by adopting Senate Bill No. 117 (2017-2018 Reg. Sess.), a bill providing for appropriations related to the budget bill. Petitioners filed a writ petition in case No. C085381, challenging the retroactive application of Senate Bill No. 117’s Elections Code amendments, arguing the amendments impaired their right to a speedy recall, denied them due process, and were not a valid budget-related bill that could be passed by a majority vote and take effect immediately. The Court of Appeal consolidated both cases and issued an order directing the parties to address the following question: “Does the Legislature of the State of California have the authority to (1) amend the budget bill by a majority vote, and (2) adopt ‘other bills providing for appropriations related to the budget bill’ to become effective immediately by a majority vote.” The parties complied. After review, the Court of Appeal found no grounds upon which it could grant relief, and denied both petitions.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.