Drake Trent
Volume 77, May 2026
State executive officers have historically refused or failed to enforce certain state laws, but in recent years selective enforcement has become increasingly pervasive. This trend poses a particular danger to popular sovereignty in states that have adopted voter-initiative power, like California. Further, federal courts have denied voters standing to assert their interest in the enforcement of laws, narrowing voters’ ability to protect their power. This Note proposes that blanket non-enforcement policies by a high-ranking executive official violate California law. As a result, the voters must turn to the courts to resolve the issue. California state courts already have remedies in the form of a writ of mandate. However, to resolve the conflict on standing doctrine between federal courts and state courts, the voters should be understood as acting in their legislative capacity.