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Sacramento Superior Court Judge Timothy M. Frawley today affirmed two tentative decisions he issued on the death penalty ballot measure. One maintains the wording on the initiative's ballot label and title and summary. The other orders a slight change in the ballot arguments.

The judge reaffirmed his position in the tentative decision that there was nothing misleading in the state attorney general's wording on the ballot label and in the title and summary of Proposition 34.

The Nov. 6 ballot measure would repeal the death penalty in California. The challenge to the wording was presented by the state prosecutors' association as well as district attorneys Jan Scully of Sacramento, Steve Cooley of Los Angeles and Elizabeth Egan of Fresno.

In a second petition filed by prosecutors and statewide police management and rank-and-file groups, Frawley ordered that the death penalty opponents who qualified the measure for the ballot cannot say in their arguments that the initiative "redirects" $100 million in general fund money to front-line law enforcement from savings generated by the elimination of capital punishment.

Frawley said the $100 million appropriation would be "unrelated to ... any savings achieved by Propostion 34." He ordered the Secretary of State's Office to change the wording from "redirects" to "directs." Deputy Attorney General Ryan Marcroft said he would have no problem with the change.


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