[EL] Help Get Calif. Gas Tax Votes Prop. Off the Ballot?

[D. A. Holtzman]

Property taxes are set at the local level.  Prop. 6 would shackle the 
STATE legislature.

On 8/3/2018 4:02 AM, Tom Cares wrote:
> I’m curious how you might argue that this is any different from Prop 
> 13, the result of which is that the legislature can’t allow property 
> taxes above a fairly low limit.
>
> Something to think about at least.
>
> On Fri, Aug 3, 2018 at 12:46 AM D. A. Holtzman <d at lavotefire.org 
> <mailto:d at lavotefire.org>> wrote:
>
>     Well, same-sex "marriage" (the subject of Prop. 8) wasn't in our
>     basic governmental plan.
>     Representative democracy, including a state legislature that can
>     pass laws on any subject, is basic.
>     It would be very far reaching to break that in any way and open
>     the door for three-branch dysfunction by initiative.
>
>     Lawyers I've heard from so far are focusing on what to do if Prop.
>     6 passes.  But suing before the election would be better than
>     letting an unconstitutional initiative draw anti-tax voters to the
>     polls, which Prop. 6 seems designed to do.  - dah
>
>
>     On 8/2/2018 7:30 PM, Tom Cares wrote:
>>     This wouldn’t have any legs.
>>
>>     I recommend reviewing the 2009 CSC opinion that Prop 8 was not a
>>     revision.
>>     http://www.courts.ca.gov/documents/S168047.pdf
>>
>>     For an amendment to be considered an improperly enacted revision,
>>     it must enact “far reaching changes in the nature of our basic
>>     governmental plan.”
>>
>>
>>     On Thu, Aug 2, 2018 at 5:50 PM D. A. Holtzman <d at lavotefire.org
>>     <mailto:d at lavotefire.org>> wrote:
>>
>>         Hi Election Law List People,
>>
>>         I’ve refined the argument for blocking the Gas Tax Votes
>>         proposition (see below), and really hope some of you can
>>         offer help.Please let me know what you think.Or maybe you can
>>         refer me to someone who might help.
>>
>>         The measure, Proposition 6, threatens California government,
>>         not just one gas tax.
>>
>>         Prop. 6 seeks to change the California Constitution to
>>         require automatic votes on *all future* state gas or car
>>         taxes.In addition to significantly hobbling one branch of
>>         state government, that change would set a precedent that
>>         could end up crippling all three branches.So, like the “Three
>>         Californias” Prop. 9 did before the California Supreme Court
>>         took it off the ballot, Prop. 6 truly proposes a
>>         constitutional revision, not an ordinary amendment.For that
>>         reason, and because a constitutional revision may not be
>>         placed on the ballot by initiative, a lawsuit can get Prop. 6
>>         off the ballot.
>>
>>         The precedent set by Prop. 6 would be awful and could be
>>         catastrophic.Imagine if the legislature, agencies, and courts
>>         could not act on any of a list of subjects without waiting
>>         for a statewide election and voter approval! Although it’s
>>         true that a state may require local voter involvement before
>>         some types of local government actions take effect, in the
>>         United States a *state* government must be sovereign and able
>>         to act on any subject at any time.
>>
>>         The California Constitution requires representative democracy
>>         as well as functioning agencies and courts.Blocking our
>>         government from working without waiting for a statewide
>>         election and voter approval might not split the state into
>>         pieces, but it would fundamentally revise the Constitution’s
>>         functional structure. In a way, Prop. 6 is worse than Prop. 9
>>         was.Having one broken state government would be worse than
>>         having three new ones that work.Prop. 6 could usher in a
>>         dysfunctional future!
>>
>>         I really hope some of you will help get a suit to court as
>>         soon as possible.California Code offers a window until August
>>         13 to obtain a writ of mandate ordering the proposition off
>>         the ballot. So please contact me ASAP.
>>
>>         - David A. Holtzman, M.P.H., J.D.
>>         (310) 826 - 7398
>>         dahmph at umich.edu <mailto:dahmph at umich.edu>
>>
>>
>>         _______________________________________________
>>         Law-election mailing list
>>         Law-election at department-lists.uci.edu
>>         <mailto:Law-election at department-lists.uci.edu>
>>         https://department-lists.uci.edu/mailman/listinfo/law-election
>>
>>
>>
>>     _______________________________________________
>>     Law-election mailing list
>>     Law-election at department-lists.uci.edu
>>     <mailto:Law-election at department-lists.uci.edu>
>>     https://department-lists.uci.edu/mailman/listinfo/law-election
>
>
>     -- 
>        --
>     Acceptable candidates, in the order you prefer them:
>     1.
>     2.
>     3.
>     4.
>     5.
>     (...)
>
>
>
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
> https://department-lists.uci.edu/mailman/listinfo/law-election


-- 
   --
Acceptable candidates, in the order you prefer them:
1.
2.
3.
4.
5.
(...)

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20180803/a79474ed/attachment.html>