California Democrats Scheming on Last Minute Alternative to Prop. 47 Reform Initiative

Just when we thought it was safe to go back in the water, California Democrats are now calling session for late night Wednesday, July 3rd to enact an alternative to the Proposition 47 reform initiative. Capitol Staffers received that message late Sunday.

This isn’t going to go well.

Before readers give in to temptation to offer the middle finger to Capitol staffers, remember that many are very skilled policy experts who genuinely want a functioning state government. And the really good staffers have been there many years – some for decades – through long, arduous budget sessions, often to only see their functional policy recommendations go up in smoke.

At issue at this moment is the ballot initiative to reform the 2014 Proposition 47, which qualified with 900,000 signatures for the November ballot. Democrats in the Legislature and Gov. Gavin Newsom are attempting to derail it, despite the important legal fixes it will implement to California’s outrageous crime problems, to ultimately make crime illegal again in California.

“Selfish Democrat legislative leaders are throwing a temper tantrum because all their efforts to stop the initiative repealing Prop. 47 have been stymied, mainly by their own members,” a Senior Senate Republican staffer told the Globe Sunday on the condition of anonymity. “They are threatening to keep legislators and staff in session all night on July 3rd and into the 4th. When Sen Min (drunk driving in a state vehicle) announces he’s standing for ‘law and order’ you know vulnerable Democrats are in ‘CYA mode.’”

“This could hopefully be the biggest political revolution since Prop 13!”

Wow. Just wow.

An important legal issue was brought up by San Luis Obispo County District Attorney Dan Dow – on June 29th, he asked:

Anyone have an idea what legal authority the @CAgovernor or @CAlegislature can use to circumvent the 131 day deadline (to propose an initiative) contained in Election Code section 9040? I sure would like to know why they seem to think the statutory deadline does not apply to them. Even though they acknowledge the deadline applied to the ACA they passed on Thursday (the last day). Here’s Election Code section 9040: “Every constitutional amendment, bond measure, or other legislative measure submitted to the people by the Legislature shall appear on the ballot of the first statewide election occurring at least 131 days after the adoption of the proposal by the Legislature.” https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=ELEC&sectionNum=9040. The 131st day before November 5, 2024 was last Thursday 6/27/20.

My source in the Capitol reminded me that “Democrat Assembly Speaker Leo McCarty and liberal Republican Senator Peter Behr tried in 1978 against Prop. 13 but it didn’t work. They put a rival ballot measure to Prop 13 on the June ‘78 ballot but the media and voters saw through it and more voted for Prop 13 than the Legislature’s phony Prop 8.”

I asked the Capitol staffer how this is legal. Here is the response:

“With a 3/4 vote and a governor willing to declare an emergency anything can be done. If challenged in court, the State Supreme Court will fold and say they are ‘reluctant to interfere with the Legislature’ etc, etc.”

This is the money quote from the Capitol staffer:

“A great quote from a famous 1962 movie ‘Advise and Consent’ that is from a famous actor (Charles Laughton) who appears to be playing then-conservative Democrat Senator Strom Thurmond of South Carolina. He’s advising a younger Democrat Senate colleague about the power of the Democrat White House: ‘You are dealing with devious powerful men.’”

This is not good for the state of California, and not good for the people who live and work and vote in California. It’s a power play for the sake of power, rather than governing for the good of the people and the state.

And if no one in the California Legislature listens to the people, perhaps their usefulness should be challenged by the people.