"day after the election" interpretation

Professor Shaffer, "effect" would seem to require the needed time to certify. That takes more than 24 hrs. I would have the Counties hold until the results are certified (ideally). David Curtis 415 317 4002 cell

On 4/7/2014 9:13 AM, Ralph Shaffer wrote:

Greetings, Mr, Curtis: As Secretary of State, how would you interpret the state constitutional provision on initiatives - Art. II, Sec 10a - that says a winning initiative goes into effect the "day after the election"? You as secretary of state will have up to a month to verify election results. Has an initiative won on the day after the election if you haven't verified the results? Prop. 8 was implemented by several county clerks on Wednesday after the election on Tuesday but at that time there were far more than enough ballots still uncounted so that the election could have gone either way. The results were not certified by the S O S for several weeks. As Secretary of State, what would be your position on the date of implementation of a winning initiative? In the case of Prop. 8, when clerks stopped issuing marriage licenses to same sex couple on Wednesday, would you have asserted the authority of your office and have told them the election wasn't over, or would you have remained silent, as the incumbent did, allowing clerks to do as they saw fit? I have asked the state department of justice for clarification but attorney general Harris has chosen not to respond. The agency that handles initiatives responded that it could not give legal advice. That makes it even more necessary for the S O S to take a stand on this question. What is your position? (portion redacted) Ralph E. Shaffer Professor Emeritus, History Cal Poly Pomona

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