Sacramento Superior Court Judge Timothy Frawley upheld his previous decisions on the death penalty ballot measure.

He ruled that the ballot's title and summary written by the state's attorney general is not misleading.

But he did order one slight change in the ballot's arguments about savings that would result from eliminating the death penalty.

Jeanne Woodford and other proponents of the repeal are calling the ruling a victory.

Woodford "We are very pleased with today's ruling, it's abundantly clear that proposition 34 will save California taxpayers 130 million dollars every year and these are real savings at a time when the police and firefighters and schools face budget cuts."

Sacramento District Attorney Jan Scully and the state prosecutors' association had challenged the wording.

Scully says despite the ruling, she was pleased how the judge labeled some of the ballot language.

"There were other assertions by the proponents in their ballot arguments that the judge labeled as hyperbole and as opinion. Translation… their assertions are exaggerated claims or opinions. Unfortunately our laws allow for that."