Court Approves Lying to Voters to Pass Bonds

If ever voters needed a reason to vote no on every single bond measure that appears on the ballot, here it is: The Court of Appeal for Third Appellate District just ruled that, despite all the lies voters were told about California’s infamous High-Speed Rail project, taxpayers have no remedy, even though the project as it exists today bears no relation to what voters were told when they approved the $9.9 billion bond in 2008.

Californians were promised a super-fast train that would travel between Los Angeles and San Francisco in about two and a half hours; the ticket price would be about $50; the total cost of the high-speed rail would be about $40 billion; and there would be significant private-sector support –money from investors — to build the project.

Even before the 2008 vote, transportation experts were warning that the project would become a massive black hole into which California taxpayers would be committed to pouring hundreds of billions of dollars. In fact, a 2008 study sponsored by the Reason Foundation and the Howard Jarvis Taxpayers Foundation predicted that the promised total cost of $45 billion would quickly turn into $100 billion or more, stating that “There are no genuine financial projections that indicate there will be sufficient funds.” The only error in the study now appears that the dollar amount was too low.

The HSR project has been the target of multiple lawsuits, including a few that challenged the legality of the entire enterprise. But it now appears that the last legal roadblock to this continued wasting of taxpayer dollars has been removed. In Tos v. State of California, the court ruled that even though nothing the voters were promised in 2008 could possibly become true, the bonds could now be sold to finance the project.

There is a disturbing message here for all California voters and taxpayers. When it comes to bond measures, nothing that is promised in the law authorizing the bond is worth the paper it is written on. If a bond act states that voter approval will authorize the construction of a high school, don’t be surprised if the revenue is later used for a prison. While that may be an extreme example, it is not beyond the realm of possibility.

Even more disappointing is the fact that whenever a state or local government spends bond funds for a project that deviates in substantive ways from what was described in the ballot material presented to the voters, there will be no legal remedy. The voters’ only option to prevent this bait-and-switch is to adopt a policy of blanket rejection of all bond measures.

Click here to read the full article at the OC Register

California Redistricting: Four Key Questions

California’s independent redistricting commission reaches a key milestone by releasing its preliminary congressional and legislative maps for public comment. But many changes are likely before final districts are adopted in late December for the 2022 election.

It took weeks of long, late-night meetings full of wonky debate and digital line drawing — as well as a haiku and at least two songs as public comment. 

But on Nov. 10, California’s independent redistricting commission reached a key milestone: Its first official maps are out. 

The citizen panel voted unanimously to release preliminary congressionalstate Senate and state Assembly districts for public comment. 

The commission’s work is far from done, however. It acknowledges that these preliminary maps are far from perfect, and that it will need the six weeks before its Dec. 27 court-ordered deadline to fix them before adopting final districts for the next decade, starting with the 2022 elections. On its schedule: At least four public input meetings starting Nov. 17, then 14 line-drawing sessions between Nov. 30 and Dec. 19.

“It’s messy. It’s very slow,” commissioner Linda Akutagawa said just before the Nov. 10 vote. “But I do believe that it is a process that has enabled as many people who seek to be engaged in this process to be engaged.”

The commission is working toward “final maps that will best reflect everybody,” added Akutagawa, a no party preference voter from Huntington Beach who is president and CEO of Leadership Education for Asian Pacifics. 

Some key questions as the 14 commissioners start their next phase: 

How much could the maps change?

A lot, commissioners concede. 

While they’re required to follow a specific set of criteria, with equal population numbers being the highest priority, there are different ways to achieve those goals. 

The draft maps that were approved Wednesday night are generally along the lines of the final round of “visualizations” that the commission worked on this week. They include reworked congressional districts in Northern California, the Central Valley and San Diego in response to public feedback. 

For example, the progressive city of Davis was moved from a U.S. House district with politically conservative, rural areas in Northern California in earlier maps into a more urban, liberal district that includes parts of Yolo, Solano and Contra Costa counties

To meet its self-imposed deadline so it could avoid meetings around Thanksgiving, the commission also put a pin in several areas that need further work, including congressional and legislative districts in Los Angeles. 

Who are some early winners and losers?

The commission responded to concerns about earlier maps that combined two congressional districts represented by longtime African American representatives into one, and kept them separate in the latest maps. Commissioners were also able to keep the Hmong community united in congressional maps, and kept Native American tribes mostly united in Congressional and state Assembly maps. 

The commission also addressed concerns from community members in Orange County’s Little Saigon by ensuring they were in the same state Senate district. San Joaquin County community leaders who wanted less divided districts are also likely happy with the draft maps.

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Meanwhile, voters in and near Tracy who were disappointed with being grouped into a congressional district with the Bay Area were relieved to see their city placed back with the Central Valley. 

But other areas and advocacy groups are on the losing end so far.

Inyo and Mono counties, where officials asked to be kept together, were split in congressional and Senate districts, as was the city of Santa Clarita in Senate maps. 

Advocates say that proposed state Assembly districts divide Asian Americans and Pacific Islander communities in San Francisco.

“Losers” also include voters in Sacramento County, which hasn’t been as vocal in the process and is in danger of being sliced into several congressional districts, according to Jeff Burdick, a political blogger and 2020 congressional candidate.

And the uncertainty surrounding the districts is making it difficult for candidates and campaigns to get going for the June primary, some political professionals told Politico.

Click here click to read the full article on CalMatters.org

GOP Leader Says Republicans Could Flip 60 Seats Next Year

Republicans took a victory lap Wednesday following Republican Glenn Youngkin’s stunning win in the Virginia governor’s race, with House Minority Leader Kevin McCarthy (R-Calif.) predicting his party could flip more than 60 House seats in next year’s midterm elections.

“If you’re a Democrat and President Biden won your seat by 16 points, you’re in a competitive race next year. You are no longer safe,” McCarthy told reporters while flanked by his leadership team and Virginia Republicans.

“It’ll be more than 70 [Democratic seats] that will be competitive. There’s many that are going to lose their races based upon walking off a cliff from [Speaker] Nancy Pelosi [D-Calif.] pushing them,” he continued. “She may not care if she lose. She lost 63 the last time she was Speaker moving policy that the country didn’t care for. 

“Many believe she won’t stay around” in Congress, McCarthy asserted. Speaking to Democrats, he added, “So she’s not going to be there to defend you.”

Pelosi and the Democrats did lose 63 seats — and the House majority — in the Tea Party wave of 2010, the midterms that came two years after former President Obama won the White House.

Click here to read the full article at thehill.com

Proposed Bill Would Let 17-Year-Olds Vote in All California Elections

VotedCalifornia doesn’t have a particularly high opinion of the maturity of 18-year-olds, who can join the military but who can’t legally buy alcohol, tobacco, marijuana or firearms until they’re 21.

But Assemblyman Evan Low (pictured), D-San Jose, wants to go in a different direction on voting. He has introduced Assembly Constitutional Amendment 8, which would lower the voting age from 18 to 17. First it needs to get two-thirds support in both the Assembly and the Senate, then approval of a majority of state voters.

Twenty-three states allow 17-year-olds to vote in primary elections if they will be 18 on the day of the general election. Assemblyman Kevin Mullin, D-San Mateo, has introduced Assembly Constitutional Amendment 4 to allow such voting in California.

But according to a San Francisco Chronicle analysis, no state allows voting at age 17 in general elections.

“Lowering the voting age will give a voice to young people and provide a tool to hold politicians accountable to the issues they care about. Young people are our future, and when we ignore that we do so at our own peril,” Low said in a statement provided to the Sacramento Bee.

Last year, Low’s similar proposal got 46 votes in the Senate – eight shy of the two-thirds threshold. He believes with Democrats now holding 61 of the Assembly’s 80 seats and 29 of the Senate’s 40 seats, his chances of making the ballot are much improved.

Republicans have been generally opposed to Low’s measure at least partly for partisan reasons. Polls in recent years have shown younger voters lean strongly to the left – to the point where a Gallup survey from last August found more of those aged 18 to 29 had a favorable view of socialism (51 percent) than capitalism (45 percent).

San Francisco nixed 2016 measure lowering voter age

But it’s not clear if Democrats will see the change as a way to gain a political advantage or are even enthusiastic about the idea. In May 2016, in San Francisco – where Democrats outnumber Republicans by 8 to 1 – the Board of Supervisors put Measure F on the November ballot, which would have lowered the voting age to 16 for local elections. But voters rejected it 52.1 percent to 47.9 percent, a 15,000-vote spread.

The debate over the measure likely foreshadowed the debate to come in the Legislature over Low’s bill.

Supporters said 16- and 17-year-olds were as capable as adults of making smart, informed election choices. They also said the voting change would promote awareness of civics at a time when polls show many young people are unfamiliar with basics about democracy.

Critics questioned why the measure had such a different view of young people’s maturity when it came to voting than with other adult privileges.

The close election may have been swung by a critical Chronicle editorial in September 2016.

“Young people must wait until the age of 21 to drink alcohol and, in California, smoke tobacco. They must wait until the age of 18 to serve their country,” the newspaper’s editorial board wrote. “It makes no sense for San Francisco to send the message that voting is a responsibility any less serious than these are.”

This article was originally published by CalWatchdog.com

How push polls pervert politics

Voting booth“There are lies, damn lies and statistics,” goes the old saying. It has always been true that statistics can be presented in ways that are highly deceptive and intentionally misleading.

A Midwestern city might truthfully claim that its average temperature is a perfect 74 degrees — just like the Hawaiian Islands.  It could be technically true, except that the deviation from that temperature in the sub-tropical climate isn’t very great, while the Midwestern city might swing from below freezing in the winter to triple-digit heat in the summer. That comfortable-sounding “average” is sure not the full story.

Still, for susceptibility to manipulation, statistics don’t hold a candle to polling — especially political polling.  During this primary season in California, the various candidates are releasing reams of polling to show how far ahead they are of their competitors.  Two different polls can show diametrically opposite results, with one candidate showing he or she is leading 80 percent to 20 percent over an opponent while the opponent might claim to be ahead by a margin of 90 to 10.

The credibility of political polling took a huge hit in the last presidential election. Virtually all the polling showed Hillary Clinton coasting to a relatively easy victory over Donald Trump.  In fact, his path to victory in the Electoral College was so narrow that he would have to “run the table” in every swing state — something all the pundits said was next to impossible.

What’s particularly odd about that election is that even the good polls were wrong. And by good polls we mean those administered by pollsters who don’t have a political agenda.  Good pollsters will admit that their reputations depend on being accurate in their predictions.

The lesson here is that voters need to take any polling with a grain of salt. That is especially true when the polling is paid for by an interest group.

One recent example makes this clear. There has been a recent push by supporters of higher taxes to impose a statewide “fee” on the monthly water bills of all water users — homeowners and businesses — to pay for programs to deal with contaminated water supplies.  Interestingly, the opposition to the proposal includes both the Association of California Water Agencies (ACWA) and the Howard Jarvis Taxpayers Association, two groups frequently at odds over water-rate practices.  But here, both groups have deep concerns about the state intruding in an area best left to local government interests. …

Click here to read the full article from the OC Register

Nine Secrets For Getting Elected

Getting elected 2Suddenly it seems that everyone is ready to dive into politics. Neighbors, people at work, friends; they all want to get involved – so they call you, someone who’s won campaigns and held elected office. Maybe the thing that finally pushed them into the political arena was small, such as another $65 parking ticket.

Or maybe it’s something big, like the daily turmoil churning Washington, D.C. They tell you the national leadership is driving them crazy and they’re ready to do something about it. Or maybe they believe it’s not being nearly aggressive enough and they’re ready to do something about it.

But your time is limited and you can’t organize their campaign for them, raise money, make phone calls, or walk the precincts they’ll need to win. You barely have enough time to deal with your responsibilities.

I’m with you. And that’s why I wrote “Nine Secrets For Getting Elected.” It’s for all the people who’ve decided it’s time to get involved but aren’t sure how to start.

“Nine Secrets For Getting Elected” looks at the questions every politician – newbie or veteran – ultimately has to answer:

•      Can you raise the money needed to win?

•      Are you prepared to deal with the special interests, political factions, and gadflies?

•      Have you figured out why exactly you want to run and are you able to explain why constituents should give you their vote?

•      How do you gain the name recognition you need to win your race?

•      Do you know how many votes you need to win, and do you have a plan to get them?

“Nine Secrets For Getting Elected” chronicles 7½ years of wonderful and bizarre encounters as an elected official in the sun-splashed Hermosa Beach. It offers a rare chance to pull back the stage curtain and observe how political rabbits are smuggled into the government hat.

Everything in the book actually happened. Only the names have been changed.

The full manuscript for “Nine Secrets For Getting Elected” is available on Amazon in digital format, paperback or hard cover.

https://www.amazon.com/Nine-Secrets-Getting-Elected-Candidates/dp/1947368052/ref=sr_1_1?ie=UTF8&qid=1507430348&sr=8-1&keywords=kit+bobko

Patrick “Kit” Bobko was a two-term Mayor and City Councilman of Hermosa Beach and a Republican candidate for Congress in 2011. Kit is a graduate of the Air Force Academy and former Captain in the U.S. Air Force. He currently practices law in Los Angeles.

Early California presidential primary could backfire and help Republicans

As reported by the Washington Examiner:

California has done it again: rescheduled its presidential primary so that it will vote earlier in the presidential selection process. Instead of voting in early June, at the end (or just about the end: Utah voted later last time) of the primary and caucus system, California will now vote in March. Of course that may not be early enough to make California the central focus of presidential politics. In the 2008 cycle it voted in February, and even then 33 states voted earlier or on the same day.

Which is not to say that California has not made a difference in selecting presidential nominees. Voting in June, it provided narrow but decisive victories for Barry Goldwater over Nelson Rockefeller in the 1964 Republican primary and for George McGovern over Hubert Humphrey in the 1972 Democratic primary. From those results, and from Ronald Reagan’s success in the 1966 Republican gubernatorial primary and the 1966 and 1970 general elections for governor, some (including me, at the time) drew the conclusion that California was partial to the (arguably) extreme candidates of both parties, and would tend to tilt their nominations in that direction.

There was a certain tension between that idea — that California was somehow at the leading edge of both conservative and liberal politics — and that it was a reasonable bellwether of national opinion. In support of the latter view, however, you could cite data that showed California voting very much like the nation as a whole in presidential general elections, generally not varying as much as 5 percent off the national Democratic and Republican percentages (more in 1968, when George Wallace took 14 percent of the national vote but won only 7 percent in California).

Click here to read the full article

Current One-Party System is Bad for California

californiaTechnically speaking, California’s political system is a “two party system,” but that is largely in name only in most places in the state.

California has become a “one party state” controlled by the California Democratic Party and California Democrat politicians.
Two key drivers was the decline of the Republican Party in the wake of Pete Wilson’s Prop. 187, and the redistricting deal in the early 2000s that helped Congressional Republicans and Republican incumbents by making most of California’s districts solidly Democrat or solidly Republican, according to a conversation with the late Allan Hoffenblum, legendary GOP strategist and former publisher of the California Target Book.

Republicans are not competitive in the vast majority of districts, and once the 2016 election is over it has been reported by David Crane, Stanford University, that there will be no open Assembly seats in the state until 2024. Campaign consultants are already sulking over the lack of potential competitive elections in the years following 2016.

This lack of party competition will primarily hurt California working families and the declining middle-class and help powerful special interests. The reason is that the lack of a viable political opposition in the vast majority of districts allows politicians to pander to their “core constituencies” and ignore the vast majority of voters including independents and the political center.
The one bright spot is the passage of the “top two primary system” as the result of a back door budget deal which has enabled the rise of the “moderate democrat” in California politics which tend to be less tied to the Democratic pro-labor base and more sensible on business and independent voter issues (i.e. taxes, government regulation).

Republican challengers, and their backers, tend to be the ones who can challenge California Democrat politicians on their weakest policy stances including taxes, out of control government spending, and onerous and costly government regulation.
But in most legislative races in California the Democrat establishment candidates do not have a viable Republican challenger. The result is that many of the key issues facing California are not even debated in the campaign. This is bad for the state’s political system and its voters.

Most competitive legislative races in California are characterized as a race between a far-left “progressive, pro-labor” Democrat, and a more moderate “pro-business” Democrat. This trend is the result of the state’s relatively new “top two primary system” and is surely better than having no competition but does not provide the same benefits as a true two party system.
Most “moderate Democrats” are still pro-labor, just not as far left as the organized labor establishment–backed Democrat candidates. And most “moderate Democrats” stick to the California Democratic Party platform on most economic and social issues. They are essentially Democrats, with a pro-business slant, which is good for the state and its political debate, but does not tend to challenge the Democratic status quo on most important issues in the state.

For example, take the example of Senator Bill Dodd (D), running as a moderate Democrat in the Sacramento valley in 2016. He is selling himself as a reasonable centrist Democrat who can work with both Democrats and Republicans to get things done. But he is still “pro-labor” and tied to the Democrat labor base on most issues including environmental regulation and state spending issues–perhaps the state’s two most important current policy issues.

Perhaps most alarming, is that after 2016 many of the “moderate Democrats” may not even have the threat of a viable moderate pro-business challenger, which makes it likely that they could sway back to the left, even the far-left, staked out organized labor and California Democratic Party.

In conclusion, there are really two potential paths to bringing back electoral competition to California politics.
First, the Republican Party and its candidates could move closer to the political center to better challenge Democrat candidates. This is unlikely to happen because the state’s Republican candidates are simply a reflection of the state’s Republican voters who tend to be very conservative.

Second, the more likely scenario is that you will see an increasing split in the California Democrat Party between its “pro-labor” base and “moderate Democrats.” This split has increased dramatically in the last year, and likely to continue.
If one considers voting data, one finds that the political center is huge, larger than either party, and there is really a lot of room for new varieties of Democrat candidates to stake out a more centrist positions that appeal to independent voters who tend to be more fiscally conservative than the Democratic base yet still pro-environment. These voters tend to be more reasonable on regulatory issues and other common sense policy positions, such as keeping a lid on the state’s rising tax burden and expansion of the welfare state.

Only time will tell, but one thing is for certain, the state’s current one-party system is bad for California and the average voter, particularly independents, who in many cases do not even have the option to vote for a candidate that fits their political and policy preferences.

Kersten Institute for Governance and Public Policy

This piece was originally published by Fox and Hounds Daily

Supreme Court Justices Are About To Tip The Scales In California Politics

Photo courtesy Envios, flickr

Photo courtesy Envios, flickr

California politics could be shaken up this spring when the U.S. Supreme Court hands down its decisions in two potentially landmark cases.

The framers of the U.S. Constitution thought they were keeping the judiciary out of politics, but it hasn’t worked out that way. Today the Supreme Court exercises so much power over our lives that if one of the justices mentions retirement, half the country experiences chest pains. And the stress is not unwarranted: Policies that were created by judges can be reversed by judges.

Right now the Supreme Court is considering whether to change the rules that control state redistricting, and whether to abolish mandatory union dues for public employees. The impact of the two decisions could make California’s predictable elections a lot less predictable.

In the redistricting case, Evenwel v. Abbott, the issue is whether Texas should be allowed — perhaps even required — to draw its legislative district boundaries based on eligible voters instead of total population.

For example, an Assembly district might have a population of half a million people but far fewer citizens who are eligible to vote. The court’s ruling could result in the district’s boundaries being redrawn to take in new geographical areas with more citizens and fewer immigrants. The decision could scramble the political map in Texas and potentially in other states with a high proportion of non-citizens, including California.

Until the mid-20th century, the federal courts stayed out of state redistricting. That changed when Chief Justice Earl Warren decided to get involved.

As governor of California in the 1940s, Warren had opposed a plan to draw district lines based on population instead of geographical area. At the time, rural Senate districts with fewer voters had the same political power as urban districts jammed with voters. The votes of city residents were, in a sense, unequal to the votes of rural residents. Los Angeles was outvoted on everything.

As chief justice, Warren had second thoughts about the fairness of that arrangement. In two landmark decisions, Baker v. Carr and Reynolds v. Sims, the court imposed a “one person, one vote” standard that required voting districts to have roughly equal populations.

But the Evenwel case could be a new landmark.

The second case that could shake up California politics, Friedrichs v. California Teachers Association, may determine whether public employees have the right to refuse to pay union dues. Ten California teachers are suing the CTA over the automatic deduction from their paychecks of “agency fees,” or what unions call “fair share fees.”

Public employee unions have had the power to collect fees from non-members ever since the Supreme Court ruled in a 1977 case, Abood v. Detroit Board of Education, that mandatory dues were legal as long as no one was forced to pay for a union’s political activities. But the teachers argue that everything the union does is a political activity, because it negotiates with government officials for salaries and benefits paid from tax dollars.

If the court rules against the union, the continuous stream of cash that has flowed from teachers’ paychecks to the California Teachers Association could slow to a trickle. That may limit the CTA’s campaign spending, which for decades has flooded the political landscape to elect union-friendly lawmakers. Other public employee unions could find themselves in the same boat.

The Supreme Court’s decisions could unsettle California politics virtually overnight.

We’ve had some low-turnout elections, but this must be some kind of record. Thirty-eight million people live in California and its future may be decided by nine voters.

 

CARTOON: Death of Vaccination Referendum

vaccination cartoon