Opinion

East Bay Municipal Utility District v. Appellate Department

  • 23 Cal. 3d 839
  • 153 Cal. Rptr. 597
  • 591 P.2d 1249
  • 1979 Cal. LEXIS 232
Court
California Supreme Court
Filed
Mar 27, 1979
Status
Published
Author
Newman
On the bench
Clark, Newman
Cited by
11 cases

“A statute, of course, must be construed toward giving it meaning and effect.” (citations omitted)

How later courts described this case

  • “A statute, of course, must be construed toward giving it meaning and effect.” (citations omitted)

Written by the judges who cited it.

The opinion

NEWMAN, J.

I dissent. The majority opinion states, “A ‘free election’

[guaranteed by article II, section 3 of the California Constitution] does not mandate a free ride from all election campaign expense and particularly not from the pro rata cost of publicizing personal qualifications for the office one seeks.”

By no means does this case involve “a free ride from all election campaign expense.” It involves government action, government financing. In my view an election is not free, within the meaning of article II, section 3, if a government is allowed to assess any of its costs to the candidates.

Bird, C. J., concurred.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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