HUNTINGTON BEACH : Ballot Measure With Most Votes to Prevail

If two competing measures scheduled for the Nov. 6 city ballot are both approved by a majority of voters, the one receiving the most votes will prevail, City Atty. Gail C. Hutton said.

One proposal is a citizens’ initiative that would require a citywide vote before the City Council could sell or lease any beach land or parkland. A rival measure adopted by the council would restrict the sale of beach and parkland but still allow leases without voter approval.

Hutton’s ruling answers a legal question that had confounded attorneys because the dueling measures are proposed amendments to the City Charter, which is governed by a unique set of laws and guidelines. Hutton said her office will draft a detailed legal opinion on the issue if one is requested by the City Council.

She said the clarification comes from a section of the state Constitution dealing with conflicting ballot measures that involve land use and land transfers. Her staff began researching the dilemma after the council voted earlier this month to place the competing measure on the ballot.

The constitutional law applying to charter-amendment proposals differs slightly from legislative rulings that govern conflicting state initiatives, Hutton said.

If voters approve two competing state initiatives, the non-conflicting aspects of both measures become law. The measure garnering the most votes prevails only in regard to contradicting sections of the two initiatives.