Ballot Propositions November 2016 Election Dr. Nadine Koch October 2016
Agenda n The Initiative Process in California n Overview of the 17 Propositions (Props.51-67) n A closer look at the most high profile propositions 2
Progressive reforms, c. 1910 n Initiative, referendum, n Federal income tax recall – approved in CA n 17 th amendment October 10, 1911 n Direct voting for n Primary elections Senators n The office block ballot n Prohibition n Women’s suffrage 3
History of Initiatives in CA n 1911-2016: 381 ballot initiatives n 1911-2014: passage rate 34% n 1996-2016 214 ballot initiatives n 1996-2014 passage rate 50% n New law (2014): n Filing fee increased from $200 to $2000 n 30-day public review period begins when the initiative is first proposed n Secretary of State’s office must post online and update top ten donors contributing to both sides of an initiative 4
You got your voter guide? n How nice! n Mailed 9/29 – takes 2 weeks to mail out n Does anyone read it? n 224 pages (longer than The Great Gatsby ) and estimated it would take 14 hrs to read. n Cost $15 m to print and mail n It goes to all 18 m voters, but 1 copy per household n We’ve had more propositions in the past n But never a longer booklet n Be happy you don’t live in SF à n 25 extra local propositions! 5
Sources of information n State propositions: n Ballotpedia – https://ballotpedia.org/California_2016_ballot_propositions n LWV - https://lwvc.org/ or https://lwvc.org/vote/download-november-8-2016-pros-and-cons-pdf n Secretary of State’s office – http://www.sos.ca.gov/elections/upcoming-elections/ general-election-november-8-2016/ 6
How do propositions get on the ballot? n 1. Idea – write measure n A. Write it yourself n B. Use your lawyer n C. Office of Legislative Counsel will draft it, if: n You have 25 signatures requesting a draft 7
2. Submit to the AG n 2. AG posts it on their web site n You now have a 30 day public review period n Pay $2000 fee n Fiscal Estimate n Title and Summary n Assigned # n Legislature holds public hearings after 25% of required signatures are collected 8
3. Circulate petitions n The race is on! n 180 days maximum from official filing date n Initiative must qualify 131 days before the next election n Initiative statute – 5% of votes in last governor’s election: n 504,760 in 2012 & 2014. n 365,880 from 2016- . (Gubernatorial election, 2014) n Initiative constitutional amendment – 8% of votes in last governor’s election, n 807,615 in 2012 & 2014. n 585,407 from 2016-. 9
Petition circulators n Can be volunteer or paid n Only registered, qualified voters can sign 10
4. Turn petitions in n In each of the 58 counties n All for each county must come in at the same time n Any transmittal time is part of the 180 days 11
5. Counting signatures n 1. Within 8 days, counties report # of signatures n Each county must verify 500 signatures or 3% of the # filed in the county, whichever is greater n Less than 95% valid, it fails 12
Important n Amending initiatives n Laws/statutes n Initiatives say in them whether the legislature may amend them n If the initiative statute says nothing , the legislature approves changes, and the voters must approve them n Constitutional amendments n Can only be changed with another constitutional amendment n Point: initiatives are difficult to amend, inflexible 13
Competing Initiatives n If 2+ initiatives on the same topic are approved, n The one with the highest # of votes prevails. The other is deemed “not approved,” even if it passed n From a court case in 1990 n Once passed, a measure takes effect the next day n Unless the initiative says otherwise 14
Proposition Spent Pro/Anti $ LWV Const. LA per millions Amend- Times/ signature Raised ment? Sac Bee 51-School Bonds $3.42 $8.4 m /0 Yes No No / No 52-Voter Approval to Change $2.72 $8.4 m yes x Yes Yes / Yes Hospital Fees Dedicated to $0 no Medi-Cal 53-Bonds over $2b $4.56 $5.6 m yes x Yes No / No $1.5-$2.3 m no 54-Public Display Bills Prior to $11.31 $9.1 m yes Yes Yes Yes / Yes Vote $0 no 55-Extend Prop. 30 income $7.24 $42.0 m yes Yes Yes No/Yes taxes $0 no 56-Tobacco Tax $7.73 22.3yes neutral Yes Yes/Yes 56.2 no 15
Proposition Spent Pro/Anti $ LWV Const. LA per millions Amend- Times/ signature Raised ment? Sac Bee 57-Parole Non-Violent Felons $8.23 $8.4 m /0 Yes Yes Yes / Yes 58-Bilingual Education ? $1.1 m yes Yes No Yes /Yes $0 no 59-Campaign Finance ? $78,000yes No Advisory No / Yes vote 60-Condoms in Pornographic $3.85 $4.1 m yes x No No / No Films $390,000 no 61-Drug Price Standards $3.36 $14.5 m yes x No No/No $87 m no 63-Background ChecksAmmo/ $6.09 $4.7 m yes Yes No Yes/Yes Ban Large Capacity Magazines $650,000 no 16
Proposition Spent Pro/Anti $ LWV Const. LA per millions Amend- Times/ signature Raised ment? Sac Bee 64-Marijuana $5.72 $17 m yes x No Yes / No $2 m no 62-Repeal Death Penalty $8.73 $6 m yes Yes No Yes/ ? $4.2 no 66-Death Penalty Procedures $8.38 $4.7 m yes No No No / ? $6.6 m no 65-Carry Out Bags Revenue to $5.84 $6.1 m yes No No No / No Wildlife Conservation $0 no 67-Plastic Bag Ban $5.77 $3.4 m yes Yes No Yes/Yes Ratifies SB270 $6.1 no 17
51: California Public Education Facilities Bond Initiative n Initiative. Statute. n Yes/No on whether California should issue: n $9 billion in bonds n To fund school facilities, K-12 and CCs n Not UC or CSU n Not a proposal from the state n A proposal from developers and contractors 18
Proposal n This year’s proposal: n State pays for most of the buildings n Prevents sharp increases in new home construction fees n Preserves local development planning process n Favored by home builders n $9 billion – allocated by 20 year old framework n Distribution to schools not need-based 19
n In favor n CA PTA, CA Chamber of Commerce, CA Building Industry Assn., CA Labor Federation n Teachers’ groups, business groups, unions, school districts n Against n Governor Brown: n “I am against the developers' $9-billion bond. It's a blunderbuss effort that promotes sprawl and squanders money that would be far better spent in low-income communities.” n Howard Jarvis Taxpayers Assn., Gov. Brown, CA Taxpayers Action Network n Libertarian party, Peace and Freedom party 20
n Editorials n At least 10 newspapers across the state follow the governor’s position – against n One in favor n $ n In favor: $9.8 m as of 10/02 n Against: $0 as of 10/02 n Polls n Early September – PPIC – 47% in favor, 43% against, 10% undecided n What should happen n The gov. and legislature should fashion a smaller bond, update the formula. Will this happen? 21
52: Voter Approval to Divert Hospital Fee Revenue Dedicated to Medi-Cal (2016) n Initiative. Constitutional amendment. Statute. n Medicaid – Medi-Cal in California n A national program largely decentralized to states n States spend $ - n Feds reimburse according to formula n California gets matching $ 1 for 1 (50-50) n About $30 b is spent on Medi-Cal n Half federal, half state n State legislature diverted some of $2b provided by federal gov’t. to balance budget. This Proposition would prohibit that. 22
n The initiative puts language in law and the constitution n To extend the existing law indefinitely n To prevent any of the $ from being diverted for any purpose – without a 2/3rds vote n Legislature agrees with the proposition n Bipartisan support n And hundreds of health care institutions n Some hospital groups have given up to $4 m each to support it 23
Supporters n California Hospital Association n The originators n Plus business, labor, medical groups, everyone n They’ve raised $60 million n Opponents n Almost no one, just part of the SEIU n The SEIU has since withdrawn their opposition n Still raised $11.5 million 24
n Editorials n At least 7 newspapers across the state are in favor of this proposition n None are opposed n What should happen: n Why should funding formulas and guarantees that may well change over time be in the constitution? n There’s no problem with the legislature passing this as a law n This is not the sort of thing that belongs in a constitution 25
60: Condoms in Pornographic Films n Initiative. Statute. n Yes/No on whether California should: n Require use of condoms during filming n Require producers to pay for certain health req’s and checkups n A proposal from For Adult Industry Responsibility (FAIR) which is solely supported by the AIDS Healthcare Foundation 26
Proposal n Requires performers to use condoms n Producers are responsible for implementation and costs n Imposes liability on producers for violations, on certain distributors, on performers if they have a financial interest in the film involved, and on talent agents who knowingly refer performers to noncomplying producers. n Regulations can be enforced by state, performers, OR ANY STATE RESIDENT 27
Supporters n Aids Healthcare Foundation n The originator n Plus occupational health and sex health organizations n Opponents n Coalition Against Worker Harassment n CA Democratic and Republican Parties n Various LGBT and AIDS organizations 28
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