Stanson v. Mott

In Stanson v. Mott (1976) 17 Cal.3d 206, the state Supreme Court declared that "a fundamental precept of this nation's democratic electoral process is that the government may not 'take sides' in election contests or bestow an unfair advantage on one of several competing factions." The Legislature is uniquely positioned to bestow an unfair advantage to one side in its description of a ballot measure submitted for a vote of the people. In Stanson, the Supreme Court was concerned with the use of public funds to tilt the balance in an election contest. (Id. at p. 217.) It cautioned that "the use of the public treasury to mount an election campaign which attempts to influence the resolution of issues which our Constitution leave to the 'free election' of the people (see Cal. Const., art. II, 2) does present a serious threat to the integrity of the electoral process." (Stanson, at p. 218.)