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Judge rules state used misleading language in measure to repeal gas tax

Credit: Getty Images

Assemblyman Travis Allen (R-Huntington Beach) joined us this afternoon with some good news! A judge has issued a preliminary ruling granting Allen's request for Attorney General Xavier Becerra to rewrite his misleading title and summary for the Repeal the Gas Tax Initiative. 

Allen said in a press release:

“This preliminary ruling is a major victory for Californians. This brings us one step closer to repealing Jerry Brown’s hugely unpopular gas tax. I look forward to the final ruling on Friday, and ensuring that the Repeal the Gas Tax Initiative receives the straightforward ballot title and summary that it deserves.”  

He also listed some highlights from the ruling:

“The court agrees with Petitioner that the Attorney General's title and summary is confusing, misleading, and likely to create prejudice against the proposed measure.

The problem with the Attorney General's title and summary is that an ordinary, reasonable elector, who is otherwise unfamiliar with the initiative, would not be able to discern what the initiative would do.

What the initiative would do is to repeal taxes and fees (legislation) expected to raise new revenues. But an ordinary voter reading the Attorney General's title is highly unlikely to understand this. Rather, the ordinary voter would assume that the sole purpose of the measure is to eliminate (reduce) transportation funding. The title appears to be written to focus attention on the elimination of funding and avoid mentioning 'taxes' and 'fees.' This is misleading and is likely to create prejudice against the measure.

Petitioner's [Travis Allen’s] proposal shows it is not difficult to write a summary of the initiative in clear and understandable language. And this does call into question why the Attorney General used the confusing language that he did."

Click here to read more at Assemblyman Travis Allen's website.

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