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I. Ballot Measures
Prop 32
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No
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Veteran's Bond Act of 2000
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more info
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Prop 33
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No
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Legislature. Participation in public employee' retirement system. Legislative constitutional amendment.
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more info
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Prop 34
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No
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Campaign contributions and spending. Limits. Disclosure. Legislative initiative amendment.
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more info
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Prop 35
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Yes
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Public works projects. Use of private contractors for engineering and architectural services. Initiative constitutional amendment and statute.
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more info
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Prop 36
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Neutral
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Drugs. Probation and treatment program. Initiative statute.
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more info
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Prop 37
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Yes
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Fees. Vote requirements. Taxes.
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more info
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Prop 38
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Yes
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School vouchers. State-funded private and religious education. Public school funding.
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more info
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Prop 39
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No
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School facilities. 55% local vote. Bonds, taxes. Accountability requirements.
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more info
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Prop 32
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Veteran's Bond Act of 2000
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NO
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Would provide a bond issue of $500 million "to provide farm and home aid for California
veterans."
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Although ostensibly designed for a noble goal, to assist veterans in obtaining low-interest
loans to purchase homes and farms, the Cal-Vet program is fraught with problems. In principle,
it is not the purpose of government to provide charity in the form of transfer payments
or tax breaks to any constituency, no matter how seemingly deserving. While the
Cal-Vet Farm and Home Loan Program is supposedly self-supporting (i.e. the veterans
who receive the loans pay the principal and interest back as well as pay for the
cost of administering the program), the bond is still
a general obligation bond, meaning that it is backed by the state. Thus taxpayers
will have to pay any amount not paid by veterans participating in the program each
year.
For this $500 million bond measure, principal and interest payments (assuming a rate
of 5.5%) would come to about $34 million per year, or $858 million over the 25-year
life of the bond.
The other problem with the Cal-Vet program is that the issuing of government bonds
competes for investor money in capital markets. And since the government attracts
bond buyers by exempting interest earned as tax-free, this is $500 million siphoned
away from private capital markets. Banks and financial institutions are better
suited and more efficient at lending money to inviduals.
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Further Info Links:
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None
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Prop 33
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Legislature. Participation in public employee' retirement system. Legislative constitutional amendment.
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NO
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Would allow legislators to participate in the Public Employees' Retirement System.
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This is a clear attempt to circumvent the limitation imposed by Proposition 140, which
passed in 1990. Proposition 140 set new term limits on state legislative offices
and also prohibited legislators
from earning any new retirement benefits other than Social Security. Proposition 33
proposes to circumvent this by allowing State Assemblymen and State Senators to
participate in the state Public Employees' Retirement System (PERS), which provides
retirement benefits to most state government workers.
The problems are numerous. First, it is not the responsibility of taxpayers to
provide for the retirement benefits of our elected representatives, especially
since they are limited to terms of six years in the Assembly and eight years in
the State Senate. Equating public service with state employment is a specious
comparison. Remember that state legislators are already entitled to Social Security
benefits just like everyone else. The proposed constitutional amendment would
make legislators unequal participants in the PERS program, eligible to receive
full retiree health benefits within a 10 year vesting period as opposed to
other state employees, who have a vesting period of 20 years for the same benefit.
Why are public servants superior to public employees?
Second, this proposition was put on the ballot by vote of the state legislature.
Any time this happens one should be suspicious. Ask yourself why they didn't
just pass a law to provide the same benefit? The answer here is because our
legislators were already voting themselves irresponsible perks -- over the last
10 years state legislators have voted pay raises for themselves totalling 90%.
Voters passed Proposition 140 to stop such irresponsibility. And now the only
way legislators can escape those restrictions is through a ballot measure.
Lastly, the ballot measure is a constitutional amendment. Amending the state
constitution is the only way the legislators can escape the restraints we voted
on them. The state constitution, like our US Constitution, is not a document
to be trifled with lightly. Amendments should be reserved for important changes
in legal principle, not loopholes to allow legislators to vote themselves
bigger perks.
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Further Info Links:
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None
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Prop 34
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Campaign contributions and spending. Limits. Disclosure. Legislative initiative amendment.
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NO
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Would limit campaign contributions and loans to state candidates and political parties.
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Although being sold ostensibly as "campaign finance reform", this is another ballot measure
passed by the state legislature to circumvent existing or soon-to-be rules.
In 1996, California voters approved Proposition 208, which established limits on campaign
contributions to candidates, voluntary limits on campaign spending, and further restrictions
on fund-raising. Enforcement of 208 was blocked by the courts after the Proposition was
challenged in court. Opponents of Proposition 34 believe Proposition 208 will be
reinstated given a recent Supreme Court decision upholding a similar initiative in another
state.
Proposition 34 is being offered by the current legislature to substitute more lenient
campaign finance rules in place of 208, should the courts uphold that Proposition. For
example, proposed campaign contribution limits under 34 are higher than they were under
208, and some limits from 208 are repealed altogether.
The problem is that both Proposition 208 and the current Proposition 34 are freedom-limiting
solutions to a non-problem. The perceived problem is that unrestricted money corrupts
the election process. The real problem is that the focus is entirely upon the wrong
people. Fraud and blackmail laws are already in place that prohibit the quid pro quo
purchase of votes from, or undue influence on a legislator. The focus should be on clear acts of fraud
or corruption, not on abridging First Amendment rights because we feel we can't trust politicians to
behave ethically. There are strict reporting laws already on the books about
campaign contributions. If you feel a legislator's vote has been purchased, file
charges against the scoundrel or vote him/her out of office.
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Further Info Links:
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Yes on 34
Californians Against 34
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Prop 35
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Public works projects. Use of private contractors for engineering and architectural services. Initiative constitutional amendment and statute.
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YES
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Would eliminate existing restrictions on state and local contracting with private entities
for engineering, architectural services; contracts awarded by competitive selection; bidding permitted, but not required.
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This is an example of an unfortunate, but appropriate use of the ballot initiative process.
It is appropriate because it was placed on the ballot by the petition process to force our
legislature to make a change it has been unwilling to do in session. At issue are how public
works projects are handled. Under the current California State Constitution, services provided
by state agencies generally must be performed by state civil service employees. In some
cases the state may contract with private services to obtain services, but these contracts
are governed by byzantine rules and a quasi-competitive process. For example, state
and local governments do not use a bidding process for most contract services.
The proposed constitutional amendment would allow state and local governments to contract
with qualified private entities for architectural and engineering services for all phases of
a public works project. While the proposed change seems flawed in that it focuses only on
a narrow set of services, it is a step in the right direction in opening up the state's
overly restrictive public works contracting. As a principle, the government is responsible
for road and other public works construction, but they should contract out these services
as much as possible to the private sector.
It is telling that major organizations opposing this proposition are the public employees'
union for Caltrans engineers, other public employee organizations such as the California
Teachers' Association, and a host of Democratic legislators and local officials.
The fiscal impact is much in dispute but seems favorably disposed to save California
taxpayers millions of dollars. The warnings by Prop 35 opponents that construction
projects will be delayed and taxes may go up hundreds of millions of dollars seem
ill-founded. After all, if there is indeed a backlog of thousands of public works
projects, then CalTrans is not doing its job properly and should have its
monopoly on projects forcibly broken up.
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Further Info Links:
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Yes on 35
No on 35
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Prop 36
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Drugs. Probation and treatment program. Initiative statute.
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NEUTRAL
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Would require probation and drug treatment, not incarceration for possession, use, and transportation
of controlled substances and similar parole violations, except sale or manufacture. Authorizes
dismissal of charges after completion of treatment.
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On the surface, this appears to be a reasonable first step toward ending the war on drugs.
However, further investigation reveals this is an imperfect solution to the
problem. The proposition would amend state law to change the penalty for specific
categories of drug offenses from prison or jail to drug treatment and supervision in
the community instead. The general category of drug offense affected includes "nonviolent
drug possession." Drug offenses outside the scope of this proposition would include
possession for sale, producing, or manufacturing of illegal drugs.
The fiscal impact, as assessed by the independent legislative analyst, is that the
state would save between $100 milion and $150 million annually after implementation
from reduced prison operations costs. In addition, an additional one-time
savings of between $450 million and $550 million is estimated from avoidance of
one-time capital outlay costs for prison construction.
A neutral recommendation is given because whether you support or oppose this
measure depends on your beliefs about our current drug laws. If you believe
current drug laws are immoral and that people engaging in private activity that
does not harm anyone else or their property should not be arrested and imprisoned for these
activities, then vote yes. If you support the 'War on Drugs' and believe
incarceration is an appropriate penalty for these drug offenses, then vote
no on the proposition.
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Further Info Links:
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Yes on Prop 36
No on 36
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Prop 37
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Fees. Vote requirements. Taxes.
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YES
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Would require 2/3rds vote of the State Legislature, or a majority or 2/3rds of the local
electorate, to impose future state, local fees on activity to study or mitigate its
environmental, societal or economic effects. Would also redefine such fees as taxes.
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Placed on the ballot by initiative, this measure would stop a current trend by state
and local governments to impose taxes by calling them fees. The problem is that
it is typically much easier to create or increase a fee than it is a tax -- a
tax requires a 2/3rds vote of the Legislature at the state level or a 2/3rds
local voters at the local level while a fee generally requires only a majority
vote of the Legislature or local governing body.
Proposition 37 would amend the State Constitution to classify as "taxes" some classes
of government charges that would otherwise be classified as "fees." Proposition 37
affects fees related to health, environmental, or other "societal or economic"
concerns. This would make it more difficult for state and local governments to
impost new regulatory charges.
The proposition should be passed because it stops the general principle of
hidden taxation, which is the imposition of regulatory fees on companies which
are passed on to customers through higher prices, but which never appear to
the consumer as a tax. Although a seeming matter of semantics, at stake is a
much larger issue between government and the people. On two previous occasions
California voters have passed initiatives that require the 2/3rds vote of
the State Legislature or localities to impose new taxes or tax increases. Government
has circumvented the wishes of the people by passing hidden taxes in the form of
regulatory fees.
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Further Info Links:
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Yes on Prop 37
Taxpayers Against Polluter Protection
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Prop 38
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School vouchers. State-funded private and religious education. Public school funding.
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YES
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Would authorize annual vouchers of at least $4,000 per pupil for private/religious schools.
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Proposition 38 would require the state to offer an annual scholarship called a voucher
to every school age child in California. The vouchers would be paid to private schools selected
by parents. Voucher money could only be used for tuition and other educational fees at
approved private schools. The proposition also limits restrictions that the state and local
governments can impose on a private school that participates in the voucher program.
Vouchers are needed to break the government's near-monopoly on education. The current
state of education allows parents to send their kids to private schools, but they still
have to pay for equivalent public education through property taxes. In other words,
if you send your kids to private school now, you have to pay twice. This proposition
is a first step toward redressing this unfair double-charge. The problem is that it is
only a first step -- much more needs to be done to break the government's public
education monopoly.
In states where similar voucher programs have been implemented, test scores have
improved in both public and private schools. This is because public schools must
compete whereas before they had no incentive to improve the quality of their services.
The main argument of Prop 38 opponents is that the public school system should be fixed
by spending more taxpayer money on them, and not trusting parents with the freedom
to make their own educational choices. The problems with this argument are multiple and manifest.
First, it is insulting to citizens to presume that they can't be trusted to make
decisions for themselves. Second, the problem with public schools is not a lack
of funds. Even though
per-child spending (adjusted for inflation) on public education is at an all-time high, the quality of
public education is at an all-time low. While there are multiple reasons other than
money why public schools are failing, the appeal of a voucher system is that it
does not proscribe untested theories to fix the problem -- it allows for the
free market to devise multiple solutions, and for parents as customers to select
schools that work.
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Further Info Links:
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Yes on Prop 38
No on Prop 38 Committee
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Prop 39
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School facilities. 55% local vote. Bonds, taxes. Accountability requirements.
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NO
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Would lower the voting requirement for passing bond measures for repair, contruction or
replacement of school facilities and classrooms from 2/3rds local vote to 55%. In addition,
the proposition would allow property taxes to exceed 1%.
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Prop 39 would amend the State Constitution to lower the voting requirement on passage
of bond measures for education construction from 2/3rds of local voters to 55%. In addition,
it would amend the constitution to allow state property taxes to exceed 1% of
assessed property value.
Sadly this is the most destructive and deceptive measure on the ballot this year.
It is deceptive because it is being sold as a measure to fix crumbling classrooms
and improve accountability. This could not be further from the truth. All of the
supposed accountability protections touted by supporters of Prop 39 were added
after the language of Proposition 39 was filed with the state Legislature
In point of fact all Prop 39 does is make it easier for citizens to approve school
bonds and easier to repay them by busting the cap on property tax increases.
As mentioned above in the reasons to approve Prop 38, the problem with our public
school system is not a lack of funds. Making it easier to get more money through
public bonds would only exacerbate the current spending problems.
In general, bond measures are an abomination. It is an abrogation of our elected
leaders' responsibility to spend the money they already collect from us in
taxes. By issuing a bond measure outside of their normal legislative process,
state legislators do not have to spend from their alloted budgets. Worse still,
legislators use bond measures to fund projects dear to taxpayers that they
know are hard to turn down, like school construction, clean water, hospital care, freeways,
and veterans' issues. This is by design -- they know voters are compassionate and
care deeply about such issues, and are therefore unlikely to turn down the bond.
A perfect analogy is an alcoholic who spends his paycheck on alcohol, then
borrows money to pay for food, shelter, and baby food.
To make matters worse, bond measures are doubly insidious because California taxpayers
have to pay interest on the bonds. Don't make it easier
for our State Legislators to spend irresponsibly.
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Further Info Links:
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Yes on Prop 39
Save Our Homes Committee (No on 39)
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