Legislative Report Card: Who Passes; Who Fails On Taxes?

Photo courtesy Franco Folini, flickr

Photo courtesy Franco Folini, flickr

Like inattentive students who dread having their parents see their unsatisfactory grades, most members of the California Legislature would just as soon not have their constituents see the Howard Jarvis Taxpayers Association Legislative Report Card documenting their votes on issues important to taxpayers.

Of the 120 members of the Legislature, 73 received a grade of “F” while only 36 earned an “A” grade.

The Report Card is a non-partisan tool for citizen taxpayers to hold legislators accountable based on actual legislative votes. It was Will Rogers who said, “If you ever injected truth into politics you have no politics.” While a satirist is allowed to paint with a broad brush, there is still more than a grain of truth here. Many in the political class dishonestly attempt to present themselves as standing for the interests of average folks. They pay lip service to low and moderate income Californians, while voting to make getting to work more expensive by increasing the already tops in the nation gasoline tax. They claim to be supporters of homeownership, but support measures that would increase the tax burden on property owners.

In the legislative session that ended last month, Governor Brown signed 808 bills. These bills create thousands of pages of new laws, spanning across dozens of code sections. The HJTA Legislative Report Card pulls the curtain back and identifies for taxpayers legislation that harms their interests, bills that otherwise do not receive much public attention. A prime example is Senate Bill 705 (Hill) a bill that was completely amended in the last month of session that allows for San Mateo and Monterey counties to pursue increased sales taxes beyond those authorized in current law.

The Report Card also rewards lawmakers who supported legislation that helps taxpayers like Assembly Bill 809 (Obernolte), an HJTA sponsored proposal that places additional information regarding tax increases in the ballot for all voters to see.

Votes on sixteen bills were used to score legislators. These reflect a range of policy issues including new tax and regulatory burdens, and attacks on the initiative process that would make it more difficult for taxpayers to have their voices heard.

With over a quarter of the members of the Legislature new to Sacramento politics, the HJTA Report Card provides an early indication as to who will be faithful to the interests of taxpayers. While grades have improved slightly over last year, it is clear that this new legislative class has started off by falling well short of taxpayer expectations.

Eight lawmakers deserve credit for a perfect score. Members of the Assembly receiving 100 percent are Frank Bigelow, Brian Jones, Beth Gaines, Tom Lackey, Chad Mayes, Jay Obernolte, and Jim Patterson. Senator Mike Morrell also received a perfect score.

To view the 2015 Legislative Report Card, and find which representatives are proud of their grades and which ones hope no one notices, please go to www.hjta.org where it can be found under “Hot Topics.” And remember, a functioning democracy depends on an informed electorate.

Jon Coupal is president of the Howard Jarvis  Taxpayers Association — California’s largest grass-roots taxpayer organization dedicated to the protection of Proposition 13 and the advancement of taxpayers’ rights.

California Assembly Democrats Seem Determined to Completely Eliminate Minor Party Candidates

VotedOn April 15, the Assembly Elections Committee passed Assembly Bill 372, a bill which seems motivated by a desire to completely rid the November ballot of minor party candidates. Even though the bill has a Republican sponsor, it received no votes from either Republican member of the committee. But it passed because four of the five Democrats on the committee voted for it.

Ever since the top-two system went into effect in 2011, there have been virtually no minor party candidates on the November ballot for Congress or partisan state office. There were only three such minor party candidates in 2012, and just three in 2014.  All six of the minor party candidates were running in races in which only one person had filed to be on the primary ballot. So, the minor party candidates noticed there was only one person on the primary ballot, and they all then filed to be write-in candidates in the primary. In all six cases, the minor person then placed second in the June primary, with write-in votes, and were allowed on the November ballot.

AB372 says if someone places first or second in the primary via write-in votes, that person still can’t be on the November ballot unless, after the primary is over, he or she pays a filing fee of 1 percent of the annual salary of the office (for U.S. House and Legislature), or 2 percent of the annual salary (for statewide office). California does not ask declared write-in candidates to pay a filing fee, because in 1972 the State Supreme Court enjoined the filing fee for write-in candidates, in Steiner v. Mihaly.

The bill’s author is Assemblyman Frank Bigelow, from the 5th assembly district in the Sierra Nevada counties. He had a Libertarian opponent on the November 2014 ballot who had qualified via write-ins. That Libertarian, 25-year-old Patrick Hogan, received 26 percent of the vote against Bigelow in November. Assemblyman Bigelow feels that since he had to pay a filing fee to get his name on the June primary ballot, therefore Hogan should have been required to pay the same fee after the primary was over.

If AB372 is signed into law, the effect will be that fewer minor party candidates file to be declared write-in candidates, in races in which only one person qualified to have his or her name on the primary ballot. And that will mean even more one-candidate races in November. One-candidate elections for important office like U.S. House and state Legislature are not good policy, especially when other candidates want to run. An analysis of the one-candidate partisan races from November 2012 reveals that, on the average, 25.3 percent of the voters who cast a ballot leave the ballot blank when there is only one candidate on the ballot. This is especially so, given that California no longer allows write-in votes in November for Congress or partisan state office.

The four Democratic members of the Assembly Elections Committee who voted for AB372, and who seem to like one-candidate elections, are Richard Gordon, Kevin Mullin, Henry Perea and the committee chairman, Sebastian Ridley-Thomas. At the hearing, no one mentioned that the California Constitution itself would seem to block this bill. Article 2, sec. 5(a) says, “The candidates who are the top two vote-getters at a voter-nominated primary election for a congressional or state elective office shall, regardless of party preference, compete in the ensuing general election.”  A mere statute cannot override the state Constitution, and the state Constitution seems to say that people who place first or second have a right to appear on the November ballot, whether they come up with $1,100 after the primary or not.

Originally published by Fox and Hounds Daily

ditor of Ballot Access News