Lankster v. Alpha Beta Co‪.‬

Propositions 73 (Gov. Code, tit. 9, ch. 5, art. 1 et seq.) and 68 (ibid.), both designed to implement campaign contribution reform, were each approved by the voters at the June 1988 Primary Election. The former garnered more affirmative votes than the latter. In Taxpayers to Limit Campaign Spending v. Fair Pol. Practices Com. (1990) 51 Cal. 3d 744 [274 Cal. Rptr. 787, 799 P.2d 1220] (hereafter Taxpayers), we held that under California Constitution, article II, section 10, subdivision (b), "when two or more measures are competing initiatives,. .. only the provisions of the measure receiving the highest number of affirmative votes [can] be enforced." (51 Cal. 3d at p. 747.) Accordingly, we declined to "merge" the two measures, and instead held that Proposition 73 was effective and that Proposition 68 was inoperative. (Id., at pp. 770-771.) At the Conclusion of our opinion, we observed in a footnote: