Cases

The City of Riverside held a regularly scheduled City Council runoff election and included a city tax measure on the same ballot.  Voters approved the tax measure, but a taxpayer group challenged it.  The group argued that the City had referred to the runoff election as a “special municipal election” in its agendas and minutes, and under Proposition 218, the tax measure could be considered only in a general election—not a special election.  The trial court agreed with the taxpayer group and entered a declaratory judgment ruling that the election was a special election.

The Court of Appeal reversed.  Agreeing with GMSR’s arguments on behalf of Riverside, the court held that for Proposition 218’s purposes, a “general election” is one occurring at regular intervals fixed by law, while a “special election” is one for which the time is not prescribed by law.  Under that definition, the regularly scheduled City Council runoff election was a general election.

To read the Court of Appeal Opinion, click HERE.