List of local ballot measure lawsuits in 2023

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Laws governing ballot measures

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Laws governing local ballot measures

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This page lists summaries of lawsuits about local ballot measures filed or ruled on in 2023. Lawsuits can be filed before an election specifically to keep a measure from being put on the ballot. Such pre-election lawsuits often allege one or more of the following:

  • invalid signatures,
  • unqualified signature gatherers,
  • the unconstitutionality of the measure,
  • biased or misleading petition language, or
  • other criticisms that—if agreed to by a judge—could cause the measure to be removed or blocked from the ballot.

Pre-election lawsuits are most often filed against citizen initiatives and veto referendums; very infrequently are they filed against measures referred to the ballot by the legislature.

Lawsuits alleging the invalidity or unconstitutionality of a measure can also be filed after the election. Sometimes these court cases extend for years after a measure has been approved.

Click on the tabs below to see summaries of lawsuits:

  • The By state tab organizes lawsuits about local measures proximate to 2023 by state.
  • The By subject tab organizes lawsuits about local measures proximate to 2023 according to the subject of the lawsuits.
  • The Historical measures tab lists lawsuits filed or ruled on in 2023 about historical local ballot measures.
  • The State tab will bring you to information about lawsuits over statewide ballot measures.

By state

Ballot Measure Law

This tab lists lawsuits that were filed or ruled on in 2023—by state—for local measures proximate to 2023. It also lists 2023 lawsuits about any local measures targeting a ballot in 2023 or a later year.


California

See also: Laws governing local ballot measures in California


  • Monterey County, California, Ban on Oil and Gas Drilling, Measure Z (November 2016) - 
  •   
    Lawsuit overview
    Issue: Whether Monterey County has jurisdiction over oil and gas operations
    Court: Superior Court of Monterey County, California Supreme Court
    Ruling: Overturned by California Supreme Court, unanimously ruling that state law reserves the power to regulate fossil fuel extraction
    Plaintiff(s): Chevron USA Inc, et al. (Other petitioners include Aera Energy, Key Energy Services, Ensign United States Drilling, San Ardo Union Elementary School District, California Resources Corporation, National Association of Royalty Owners, Trio Petroleum, Bradley Minerals, Monroe Swell Prospect, Sunset Exploration, and Eagle Petroleum.)Defendant(s): Monterey County
    Plaintiff argument:
    Monterey County does not have jurisdiction over drilling operations; there is currently no fracking in the county; and the provisions included in the measure could cause all operations to shut down, which could have a significant economic impact on the area.
    Defendant argument:
    The measure is valid.

      Source: Superior Court of Monterey County, PR Newswire, and Courthouse News

    Click here for details.



    Texas

    See also: Laws governing local ballot measures in Texas


  • San Antonio, Texas, Proposition A, Law Enforcement on Abortion, Marijuana, and Police Actions Charter Amendment (May 2023) - 
  • Lawsuit overview
    Issue: Does the measure contain more than one subject, and should it be broken up on the ballot?
    Court: Texas Supreme Court
    Ruling: Charter amendment would remain as one ballot item
    Plaintiff(s): Maria Teresa Ramirez Morris, and Texas Alliance for Life, Inc.Defendant(s): Ms. Debbie Racca-Sittre, in her official capacity as San Antonio City Clerk, and City of San Antonio City Council

      Source: Texas Courts

    Click here for details.


    By subject

    This tab lists lawsuits there were filed or ruled on in 2023—by subject—for local measures proximate to 2023. It also lists 2023 lawsuits about any local measures targeting a ballot in 2023 or a later year.

    Subjects listed include the following:

    Methodological note: Since multiple lawsuits are often filed surrounding one measure, and these lawsuits provide important context for each other, information about all lawsuits surrounding a specific measure will be listed whether or not each separate lawsuit concerns the subject under which the lawsuits are listed on this tab.

    Ballot language

    Ballotpedia did not cover any 2023 lawsuits about local measures proximate to 2023 regarding ballot language that took place in 2023.

    Campaign finance

    Ballotpedia did not cover any 2023 lawsuits about local measures proximate to 2023 regarding campaign finance that took place in 2023.

    Circulators

    Ballotpedia did not cover any 2023 lawsuits about local measures proximate to 2023 regarding circulators that took place in 2023.

    Post-certification removal

    Ballotpedia did not cover any 2023 lawsuits about local measures proximate to 2023 regarding post-certification removal that took place in 2023.

    Post-election


  • Monterey County, California, Ban on Oil and Gas Drilling, Measure Z (November 2016) - 
  •   
    Lawsuit overview
    Issue: Whether Monterey County has jurisdiction over oil and gas operations
    Court: Superior Court of Monterey County, California Supreme Court
    Ruling: Overturned by California Supreme Court, unanimously ruling that state law reserves the power to regulate fossil fuel extraction
    Plaintiff(s): Chevron USA Inc, et al. (Other petitioners include Aera Energy, Key Energy Services, Ensign United States Drilling, San Ardo Union Elementary School District, California Resources Corporation, National Association of Royalty Owners, Trio Petroleum, Bradley Minerals, Monroe Swell Prospect, Sunset Exploration, and Eagle Petroleum.)Defendant(s): Monterey County
    Plaintiff argument:
    Monterey County does not have jurisdiction over drilling operations; there is currently no fracking in the county; and the provisions included in the measure could cause all operations to shut down, which could have a significant economic impact on the area.
    Defendant argument:
    The measure is valid.

      Source: Superior Court of Monterey County, PR Newswire, and Courthouse News

    Click here for details.


    Preemption

    See also: Preemption conflicts between state and local governments


  • Monterey County, California, Ban on Oil and Gas Drilling, Measure Z (November 2016) - 
  •   
    Lawsuit overview
    Issue: Whether Monterey County has jurisdiction over oil and gas operations
    Court: Superior Court of Monterey County, California Supreme Court
    Ruling: Overturned by California Supreme Court, unanimously ruling that state law reserves the power to regulate fossil fuel extraction
    Plaintiff(s): Chevron USA Inc, et al. (Other petitioners include Aera Energy, Key Energy Services, Ensign United States Drilling, San Ardo Union Elementary School District, California Resources Corporation, National Association of Royalty Owners, Trio Petroleum, Bradley Minerals, Monroe Swell Prospect, Sunset Exploration, and Eagle Petroleum.)Defendant(s): Monterey County
    Plaintiff argument:
    Monterey County does not have jurisdiction over drilling operations; there is currently no fracking in the county; and the provisions included in the measure could cause all operations to shut down, which could have a significant economic impact on the area.
    Defendant argument:
    The measure is valid.

      Source: Superior Court of Monterey County, PR Newswire, and Courthouse News

    Click here for details.


    Signature validity

    Ballotpedia did not cover any 2023 lawsuits about local measures proximate to 2023 regarding signature validity that took place in 2023.

    Signature deadlines

    Ballotpedia did not cover any 2023 lawsuits about local measures proximate to 2023 regarding signature deadlines that took place in 2023.

    Single subject

    Ballotpedia did not cover any 2023 lawsuits about local measures proximate to 2023 regarding single subject that took place in 2023.

    Subject restriction

    Ballotpedia did not cover any 2023 lawsuits about local measures proximate to 2023 regarding subject restriction that took place in 2023.

    Substantive constitutionality

    Ballotpedia did not cover any 2023 lawsuits about local measures proximate to 2023 regarding substantive constitutionality that took place in 2023.

    Voter approval requirements

    Ballotpedia did not cover any 2023 lawsuits about local measures proximate to 2023 regarding voter approval requirements that took place in 2023.

    Voter guide

    Ballotpedia did not cover any 2023 lawsuits about local measures proximate to 2023 regarding voter guide language that took place in 2023.

    Historical measures

    This tab shows a list of lawsuits, by state, that were filed or ruled on in 2023 against historical local ballot measures. For lawsuits about local measures proximate to 2023, see the By state and "By subject tabs.

    Ballotpedia did not cover any local ballot measure lawsuits about historical measures in 2023.


    Statewide measures

    See also: List of ballot measure lawsuits in 2023

    Ballotpedia covers all statewide measures in every state.

    A compiled list of 2023 lawsuits about statewide ballot measures can be found here.

    See also

    Footnotes