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

[Tom Cares]

I believe this has always been the quintessential celebrated power of
California inititatives - to shackle the state legislature.

Even mere statutes enacted by initiative cannot be undermined by the
legislature without a vote of the people, unless the initiative specified
that the legislature can make such changes.



On Fri, Aug 3, 2018 at 11:27 AM D. A. Holtzman <d at lavotefire.org> 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> 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> 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
>>>
>>>
>>> _______________________________________________
>>> Law-election mailing list
>>> Law-election at department-lists.uci.edu
>>> https://department-lists.uci.edu/mailman/listinfo/law-election
>>
>>
>>
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