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Appeals court to examine Calif. ballot numbering

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POSTED July 10, 2012 9:14 p.m.

SACRAMENTO  (AP) — An appeals court is asking the California secretary of state to explain why Gov. Jerry Brown's tax initiative should be first on the November ballot.

The Third District Court of Appeal in Sacramento agreed Tuesday to examine a challenge to the decision, one day after the state's chief elections officer assigned numbers to 11 measures on the November ballot.

The anti-tax Howard Jarvis Taxpayers Association is challenging a new law that placed the Democratic governor's tax initiative at the top of the ballot. President Jon Coupal says Democrats skirted legislative rules to "rig the election."

Secretary of state spokeswoman Shannan Velayas says her office does not comment on pending litigation.

Brown's campaign spokesman, Dan Newman, says it makes sense to list upfront constitutional amendments that will have a "lasting impact."


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