Superseding initiative

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A superseding initiative is an initiative that is approved in the same election as an alternate initiative that covers similar ground, but which earns more votes. In the case of Taxpayers to Limit Campaign Spending v. Fair Political Practices Commission, in California in 1990, the California Supreme Court invalidated an initiative that was approved in the same election as another initiative that was also approved but earned more votes. The court decided that the provisions of the two initiatives were incompatible and since both had won, the court needed to determine which one would be enacted into laws.

State statutes may also determine which of two conflicting measures should be enacted. Several states have laws dictating that in the event that two measures conflict, the measure with the most affirmative votes supersedes the other on any points of conflict.

The concept of a "poison pill" ballot measure is related to the idea of a superseding initiative. These measures seek to defeat one or more provisions of another measure by introducing a similar measure that differs with respect to that provision. The "poison pill" clause of the measure provides that whichever measure garners more votes will supersede the other in all areas of conflict.

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