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

[D. A. Holtzman]

FWIW, the LATimes published my letter on the subject today:
http://www.latimes.com/opinion/readersreact/la-ol-le-gas-tax-prop-6-signs-20180803-story.html
   - dah

On 8/3/2018 11:26 AM, D. A. Holtzman wrote:
> 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>
>>>
>>>
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>>>
>>>
>>>
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>>     []
>>
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