Proposition 22 passed 59% to 41% in November 2020, and classified most app-based drivers as independent contractors. A trial court in Alameda County recently invalidated the initiative measure, citing three grounds. (Castellanos v. State of California, No. RG21088725.) This commentary will discuss why the court’s reasoning supporting one of those grounds—a violation of the “single-subject” rule—appears to run counter to precedent in that area.

“An initiative measure embracing more than one subject may not be submitted to the electors or have any effect.” (Cal. Const., art. II, § 8(d).) The rule is designed to prevent the similar concepts of “logrolling” and “riders.” “Logrolling” is the combining of two proposed statutes, neither of which would have enough votes to pass individually. A “rider” is a minor provision—that would not pass on its own—attached to a popular bill. The penalty for violating the single-subject rule is extremely severe: the entire ballot measure is rendered void.

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