Opinion 1979 Pt.2

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Both perform ministerial functions in reviewing a properly drafted referendum and placing it before the voters. The basic proposition is that if the petition proposes an initiative or referendum beyond the referendum powers, the public officials have no power and may therefore lawfully refuse to process said petition.
Riedman v. Brison (1933) 217 Cal. 383, 388.
In Board of Education v. Superior Court (1979) 93 Cal.App.3d 578, citizens in Palo Alto submitted a petition to the Board of Education
...of the Palo Alto Unified School District calling upon it either to rescind its decision to close a school or to submit the matter to the voters. The Board of Education declined either to rescind the action or to submit it to the voters. The Superior Court in a mandate proceeding had ordered the Board of Education to submit the Gilbert Boreman September 12, 1979 OPINION NO. 79-62 matter to the voters. The Court of Appeal in a subsequent original proceeding granted a writ of mandate directing the Superior Court to vacate its prior order.

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