School Integration. Pupil Transportation. Privileges And Immunities.

Transcription

1 University of California, Hastings College of the Law UC Hastings Scholarship Repository Initiatives California Ballot Propositions and Initiatives School Integration. Pupil Transportation. Privileges And Immunities. Follow this and additional works at: Recommended Citation School Integration. Pupil Transportation. Privileges And Immunities. California Initiative 188 (1979). This Initiative is brought to you for free and open access by the California Ballot Propositions and Initiatives at UC Hastings Scholarship Repository. It has been accepted for inclusion in Initiatives by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact

2 Office of the Secretary of State 1230 J Street \larch Fong Eu Sacramento, California Elections Division (916) July 31, 1979 TO: FROM: ALL COUNTY CLERKS/ REGISTRARS OF VOTERS CASHMERE M. APPERSON, Elections Technician Pursuant to Elections Code Section 3520(b), you are hereby notified that the total number of signatures to the hereinafter named proposed initiative constitutional amendment filed with all county clerks is less than 100 percent of the number of qualified voters required to find the petition sufficient. TITLE: School Integration. Pupil Transportation. Privileges and Immunities. SUl'WIARY DATE: Fe bruary 28, 1979 PROPONENTS: Doris Allen and Doris Enderle The petition has failed and no further action is necessary.

3 from: Secretary of State :March Fang Eu 1230 J Street, Sacramento, CA (916) For Immediate Release August 3, 1979 Contact: Caren Daniel.s SCHOOL INTEGRATION INITIATIVE DRIVE' DROPPED SAYS EU SACRAMENTO -- Secretary of State March FangED today (Aug.. 3) announced the official conclusion of an initiative drive to amend the California Constitution with respect to school integration policies. Doris Enderle of Huntington Beach and Doris: Allen of Westminster dropped their attempt, officially known as the School Inteqration" Pupil Transportation, Privileges and Immunities Initiative", because of its similarity to the Robbins amendment goinq before the voters as P!:op. 1 on the Nov. 6 statewide special. election ballot. The measure needed 553,790 registered voter signatures by: JuLy 27, but Allen, director of Orange County Bus-Bloc, recently notified the secretary of state they did not circulate the.ir petitions because "the Robbins amendment passed shortly after. our :receiving' title and summary, and we did not want to confuse the voters on this issue." The initiative proposed to amend the. cons.titution' s equal protection clause lito provide that it shall not be construed as imposing any obligations different from those imposed by the federaj.constitution 14t.h Amendment equal protection clause," since Bunder existing law it is t.u'l.clear whether the California Constitution imposes obligations. on public agencies greater than those imposed by the federal Consti.tution with respect to school busing for desegregation." The initiative further required "modification of conflicting court decrees and local. ordinances and deletes language relating to privileges and. immunities of citizens." 7939CD

4 July 26, 1979 Office of Secretary of State The Honorable I'larch Fong SU 1230 J street Sacramento, California ATTEXTION: Cashmere M. Apperson Dear Secretary 3u: This is to inform you that we will not be filing any petitions since we never circulated the petitions we initiated titled, "SCHOOL INTEGRATION. PUPIL TRANSPORTATION. PRIVILBGES AND Il\/,Q,,:U l\l I TIE S ti ;rie did not circulate the above titled petition because of its similari ty with the Robbins AInendment. Since the Robbins Amendment passed shortly after our receiving title and summary, we did not want to confuse the voters on this issue. Sincerely, jlj Ii ~~ J (2-( ~~2 -c;~_ j Doris Allen, Director Orange County Bus-Bloc if-" DA:cn

5 Office of the Secretary of State 1230 J Street \farch Fang Eu Sacramento, California Elections Division (916) TO ALL COUNTY CLERKS/ REGISTRARS OF VOTERS February 28, 1979 Pursuant to Section 3513 of the Elections Code, there is transmitted herewith a copy of the Title and Summary prepared by the Attorney General on a proposed Initiative Measure entitled: SCHOOL INTEGRATION. PUPIL TRANSPORTATION. PRIVILEGES AND IMMUNITIES. INITIATIVE CONSTITUTIONAL AMENDMENT Circulating and Filing Schedule 1. Minimum number of signatures required Constitution II, 8(b) , Official Summary Date Wednesday, 2/28/79 Elections Code Section Petition Sections: * a. First day Proponent can circulate Sections for signatures Wednesday, 2/28/79 Elections Code Section b. Last day Proponent can circulate and file with the county. All Sections are to be filed at the same time within each county... Friday, 7/27/79 * Elections Code Sections 3513, 3520(a). c. Last day for county to determine total number of signatures affixed to petition and to transmit total to Secretary of State Friday, 8/ 3/79 (If the Proponent files the petition with the county on a date prior to 7/27/79, the county has 5 working days from the filing of the petition to determine the total number of signatures affixed to the petition and to transmit this total to the Secretary of State.) Elections Code Section 3520(b). Date adjusted for official deadline which falls on Saturday. I

6 Page 2 d. Last day for county to determine number of qualified electors who have signed the petition, and to transmit certificate, with a blank copy of the petition to the Secretary of State Saturday, 8/18/79 (If the Secretary of State notifies the counties to determine the number of qualified electors who signed the petition on a date prior to 8/3/79, the last day is not later than the fifteenth day after the notification.) Elections Code Section 3520(d), (e). e. If the signature count is between 498,411 and 609,169 then the Secretary of State notifies counties using the random sampling technique to determine validity of all signatures. --- Last day for county to determine actual number of all qualified electors who signed the petition, and to transmit certificate, with a blank copy of the petition to the Secretary of State Monday, 9/17/79 (If the Secretary of State notifies the counties to determine the number of qualified electors who have signed the petition on a date prior to 8/18/79, the last day is not later than the thirtieth day after the notification.) Elections Code Section 352l(b), (c). 4. Campaign Statements: Last day for Proponent to file a Campaign Statement of Receipts and Expenditures for period ending 8/24779 Friday, 8/31/79 (If the Secretary of State finds that the measure has either qualified or failed to qualify on a date earlier than 7/27/79, the last date to file is the 35th calendar day after the date of notification by the Secretary of State that the measure has either qualified or failed to qualify. The closing date for this campaign statement is 7 days prior to the filing deadline.) Government Code Section ~. &.;;;

7 Page 3 5. The proponents of the above named measure are: Doris Enderle St. Croix Circle Huntington Beach, CA (714) Doris Allen 8561 Fairmont Circle Westminster, CA (714) CMA.:rh WILLIAM N. DURLEY Assistant to the Secretary of State Elections and Political Reform UhU-,~--w,. ~,.J--h'~ CASHMERE M. APPERSON Elections Technician NOTE TO PROPONENTS: Your attention is directed to Elections Code Sections 41, 44, 3501, 3507, 3508, 3516, 3517, and 3519 for appropriate format and type considerations in printing, typing and otherwise preparing your initiative petition for circulation and signatures. Your attention is further directed to the campaign disclosure and petition circulating requirements of the Political Reform Act of 1974, Government Code Sections et seq.

8 DECLARATION OF SERVICE BY MAIL I, ISABEL SARTORE, declare as follows: I am over the age of 18 years, and not a party to the within action; my place of employment and business address is 555 Capitol Mall, Suite 350, Sacramento, California On February 28, 1979, I served the attached LETTER TO THE HONORABLE MARCH FONG EU DATED FEBRUARY 28, 1979, RE: INITIATIVE CONSTITUTIONAL AMENDMENT--SCHOOLINTEGRATION. PUPIL TRANSPORTATION. PRIVILEGES AND IMMUNITIES. (Our File No. SA78RF0125) by placing a true copy thereof in an envelope addressed to each of the persons named below at the ~ddress set out immediately below each respective name, and by sealing and depositing said envelope in the United States Mail at Sacramento, California, with postage thereon fully prepaid. There is delivery service by United States Mail at each of the places so addressed, or there is regular communication by mail between the place of mailing and each of the places so addressed: DORIS ENDERLE St. Croix Circle Huntington Beach, CA Tel: (714) DORIS ALLEN 8561 Fairmont Circle Westminster, CA Tel: (714) I declare under penalty of perjury that the foregoing is true and correct. Executed on February 28, 1979, at Sacramento, California.

9 STATE OF CALIFORNIA GEORGE OEUKMEIIAN (Pronounced DUke-may-gin) <l.ttorney GENERAL Honorable March Fong Eu Secretary of State 925 L Street, Suite 605 Sacramento, CA Attention: Rico Nannini OFFICE OF THE ATTORNEY GENERAL irpat1nttnt nf 3Justttr 555 CAPITOL MALL. SUITE 350 SACRAMENTO (916) February 28, 1979 Re: Initiative Constitutional Amendment - SCHOOL INTEGRATION. PUPIL TRANSPORTATION. PRIVILEGES AND IMMUNITIES. (Our File No. SA78RF0125) Dear Mrs. Eu: FILED '1'1... of the..,..." of... ef... SIwt... C...,. MAR ~etiry of Stit. Pursuant to the prov1s~ons of sections 3503 and 3513 of the Elections Code, you are hereby informed that on this day we mailed to Doris Enderle and Doris Allen, as proponents, the following title and summary: SCHOOL INTEGRATION. PUPIL TRANSPORTATION. PRIVILEGES AND IMMUNITIES. INITIATIVE CONSTITUTIONAL AMENDMENT. Under existing law it is unclear whether the California Constitution imposes obligations on public agencies greater than those imposed by the federal Constitution with respect to school busing for desegregation. This measure would amend article I, section 7 of the California Constitution to provide that it shall not be construed as imposing any obligations in this regard different from those imposed by the federal Constitution Fourteenth Amendment equal protection clause. Requires modification of conflicting court decrees and local ordinances. Deletes language relating to privileges and immunities of citizens. Financial Impact: Could involve potential, but unknown, state savings or redirection of state and local education support. By -::m~ Deputy ~.

10 Honorable March Fong Eu February 28, 1979 Page 2 Enclosed herewith is a declaration of mailing thereof, and a copy of the proposed measure. According to information available in our records the addresses and telephone numbers of the proponents of this measure are as stated on the declaration of mailing. VWR:ims Enclosures Very truly yours George Deukmejian Attorney General l'ii!j~to~ ~'rw. Raye Deputy Attorney General

11 PROPOSED AMENDMENT TO ARTICLE I, SECTION 7, CALIFORNIA CONSTITUTION (a) A person may not be deprived of life, liberty or property without due process of law or denied equal protection of the laws. (b) Subsection (a) herein shall not be construed to confer any obligations or responsibilities upon any state or local agellcy greater than or different from those required by the Equal Protection Clause of the 14th Amendment to the Constitution of the United States with respect to the assignment of pupils to public schools or transportation of pupils thereto for the purpose of achieving racial integration or of avoiding or alleviating racial segregation or imbalance, or for effecting any change or alteration in the number or ratio of school pupils of any ethnic or linguistic group in attendance at any public school. (c) This section, as amended, shall have retrospective as well as prospective effect and every judgment, order or decree of any court of this State and any local ordinance which is not in conformity with this Section shall be modified by a party competent to bring such motion, subject only to the limitations imposed by the Constitution of the United states of America.

12 from: Secretary of State March Fong Eu 1230 J Street, Sacramento, CA For Immediate Release March 5, 1979 Contact: (916) Caren Daniels BUSING LIMITATION INITIATIVE DRIVE BEGINS SAYS SECRETARY OF STATE EU SACRAMENTO Secretary of State March Fong Eu announced today (March 5) the start of an initiative drive to limit the equal protection clause of the California Constitution as it relates to school desegregation to those protections imposed by the United States Constitution. This is the second constitutional amendment currently in circulation by proponents Doris Enderle of Huntington Beach, telephone (714) , and Doris Allen of Westminster, telephone (714) Their first is the "School District Organization, Power of Legislature Initiative Constitutional Amendment" with t.he new proposal being officially titled the "School Integration, Pupil Transportation, Privileges and Immunities Initiative Cons titutional Amendment." Some 553,790 valid registered voter signatures are needed by July 27 to qualify this measure for the June 1980 ballot. According to the attorney general title and summary, this initiative proposes to amend the California Constitution's equal protection clause "to provide that it shall not be construed as imposing any obligations.. different from those imposed by the federal Constitution 14th Amendment equal protection clause," since "under existing law it is unclear whether the California Constitution imposes obligations on public agencies greater than those imposed by the federal Constitution with respect to school busing for desegregation." The initiative further "requires modification of conflicting court decrees and local ordinances and deletes language relating to privileges and immunities of citizens." A copy of the title and summary and circulation calendar is attached for your reference. 79llCD