Legislative drafting error
Encyclopedia
Drafting errors sometimes occur in legislation. Usually these errors are minor, such as incorrect punctuation or capitalization, and the meaning is unaffected. But sometimes the matter is more substantive.
Commonly, the error will have something to do with cross-referencing of statutes. For instance, the U.S. statutes pertaining to probation had a drafting error which caused the section about revocation of probation for failing to submit to a drug test to incorrectly reference a section about domestic violence. By clerical error, the law also omitted an accurate reference to community confinement. However, in both cases, courts upheld Congressional intent.
Sometimes courts refuse to apply legislative intent
that conflicts with the text of the law, as in the case of the Virginia General Assembly
accidentally repealing the exemptions of almost all industries from the statute requiring employers to allow employees not to work on Sabbath. It was necessary for the legislature to re-assemble for a special session to correct the error.
There have been instances, most commonly involving ballot initiatives, in which the drafting error was known prior to enactment. For instance, in the case of Proposition 165, a California welfare reform
initiative, Governor Pete Wilson announced that his public campaign statements would let the courts know that a provision eliminating the legislature's power to override a veto was an "unintended error," and the mistake would be corrected, if necessary, by the courts.
Commonly, the error will have something to do with cross-referencing of statutes. For instance, the U.S. statutes pertaining to probation had a drafting error which caused the section about revocation of probation for failing to submit to a drug test to incorrectly reference a section about domestic violence. By clerical error, the law also omitted an accurate reference to community confinement. However, in both cases, courts upheld Congressional intent.
Sometimes courts refuse to apply legislative intent
Legislative intent
In law, the legislative intent of the legislature in enacting legislation may sometimes be considered by the judiciary when interpreting the law...
that conflicts with the text of the law, as in the case of the Virginia General Assembly
Virginia General Assembly
The Virginia General Assembly is the legislative body of the Commonwealth of Virginia, and the oldest legislative body in the Western Hemisphere, established on July 30, 1619. The General Assembly is a bicameral body consisting of a lower house, the Virginia House of Delegates, with 100 members,...
accidentally repealing the exemptions of almost all industries from the statute requiring employers to allow employees not to work on Sabbath. It was necessary for the legislature to re-assemble for a special session to correct the error.
There have been instances, most commonly involving ballot initiatives, in which the drafting error was known prior to enactment. For instance, in the case of Proposition 165, a California welfare reform
Welfare reform
Welfare reform refers to the process of reforming the framework of social security and welfare provisions, but what is considered reform is a matter of opinion. The term was used in the United States to support the Personal Responsibility and Work Opportunity Act...
initiative, Governor Pete Wilson announced that his public campaign statements would let the courts know that a provision eliminating the legislature's power to override a veto was an "unintended error," and the mistake would be corrected, if necessary, by the courts.