Referendum Will Get Day in Court Tomorrow

The controversial ballot referendum known as Proposition 1-2-3 headed to court yesterday, as the City Council found itself unable to break an Election Commission deadlock over the measure's wording on the ballot.

Although the council discussed several ways to avoid future deadlocks, several councillors said they could not take action in time to keep the referendum--which would allow some tenants in rent-controlled housing to buy their apartments--out of court.

The Supreme Judicial Court (SJC) is expected to issue a decision on the referendum's wording tomorrow, just two days before the ballots are scheduled to go to the printer.

The four-member Election Commission agreed in July on wording for the ballot. But early in August, the commission voted to reconsider that decision, and the commission has been stuck in a 2-2 tie ever since.

The controversy revolves primarily around five words--the phrase "changing rent control" in the preamble and the words "if any" in a description of the new revenue that proponents say the measure would raise.

A ruling last week by City Solicitor Russell B. Higley found that reconsideration was in order, and a decision over the wording would have to be made in court. In theory, Higley told the council last night, the court could block printing of the ballots unless certain phrases are included.

"I think the SJC will break the deadlock," Higley said.

Michael H. Turk, a spokesperson for the Committee to Defeat Proposition 1-2-3, said after the meeting that the group will file a motion to intervene in the court process today.

The council also discussed the possibility of changing the structure of the commission to avoid such deadlocks in the future.

"If we are going to get embroiled in these initiative petitions that come along, then we need a special act of the Legislature to change the composition of the Election Commission," said Councillor Saundra Graham.

Councillors also discussed a plan approved by the commission to mail city voters short descriptions of the referendum written by proponents and opponents.