Bill would force AG to defend measures

State Sen. Tom Harman has introduced legislation designed to strengthen the ability of voters to defend statewide ballot initiatives from what Harman called “politically motivated legal actions.”

“SB 617 preserves the rights of Californians to have their voice heard when an initiative is passed and subsequently challenged in our courts,” Harman said.

Currently a court has sole discretion as to which interested parties can intervene in a case challenging the constitutionality of an initiative passed by the people. SB 617 would make that intervention a right, not a courtesy, under the law. It will ensure that the party responsible for placing the initiative statute or constitutional amendment on the ballot has the ability to participate in any court action challenging the constitutionality of the measure, Harman said.

The California attorney general has the constitutional right and requirement to represent the will of the people in court proceedings, but Harman argues there is no legal protection for the people’s voice in cases where the attorney general’s personal or political beliefs diverge from those of the voters.

“SB 617 would ensure the voters have the ability to be zealously represented,” he said. “SB 617 will guarantee that California voters always have the ability to defend their decisions even in the instance where an attorney general personally disagrees with that decision.”

Harman, who has announced he may run for attorney general, has criticized current Attorney General Jerry Brown for declining to defend Proposition 8, the constitutional amendment approved by voters that outlaws same-sex marriage, against legal challenges.

The city of Laguna Beach has joined those seeking to have Proposition 8 declared unconstitutional.

Harman represents the 35th Senatorial District, which includes Laguna Beach.

— Cindy Frazier