As far as U.S. District Judge Roger Benitez is concerned, despite the Supreme Court’s Citizens United ruling, corporations don’t enjoy the same rights as individuals when it comes to submitting ballot propositions.

 

In a ruling out of San Diego, Benitez wrote that the California Constitution allows only people to use the initiative process, not companies.

 

The case arose after Chula Vista Citizens for Jobs and Fair Competition sued the city of San Diego claiming it unfairly prohibited corporations from proposing ballot measures. The group was also trying to put on the ballot a measure that would allow the city of Chula Vista to contract with non-union construction firms. Benitez ruled against the plaintiffs, saying:

 

“Permitting a corporation or association to be a ballot initiative proponent could lead to local laws being proposed by foreigners unready to contribute to the city or bear the responsibility of citizenship.”

 

The judge added: “Worse, corporations with assets, operations, or shareholders located outside the city, state, or country might propose initiatives adversely affecting the welfare of citizens of Chula Vista, in order to gain a business advantage elsewhere.”

 

As for the anti-union proposition, the group resubmitted it using the names of individuals and it passed in June 2010.

-Noel Brinkerhoff

 

Judge Shuns Corporate-Sponsored Propositions (by Maria Dinzeo, Courthouse News Service)