As the November 5, 2019 election season heats up in San Francisco, ballot measure committees and consultants should keep in mind that the law allows campaigns to challenge false, misleading or improper information which will appear in the voter information pamphlet and/or on the ballot. These include ballot questions, fiscal analyses, Ballot Simplification Committee digests, and arguments for or against ballot measures. For the most part, filing a lawsuit is the exclusive means for changing these materials.
These legal challenges must be brought during very strict time periods:
* For challenges to ballot questions, the Controller’s fiscal analyses, and Ballot Simplification Committee digests, the period is August 13 to 23.
* For challenges to official arguments for or against ballot measures, the period is August 16 to 26.
* For challenges to ballot measure rebuttal arguments and paid arguments for or against ballot measures, the period is August 20 to 30.
These dates are subject to some exceptions, and additional dates and deadlines may apply, so please contact us as soon as possible if you want to consider filing a lawsuit against any ballot materials.
In addition, you might consider having us review your ballot arguments before submitting them to the Department of Elections to make them as “bulletproof” as possible with regard to a potential legal challenge.
If you are interested in knowing more about pre-election litigation, please contact a Sutton Law Firm attorney.
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THIS ALERT IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE.