I won't chime in further on the referendums/referenda controversy, but there
was a more recent referendum than the one on the Peripheral Canal, although
it did not ultimately attract much attention. In the March 2000 Primary,
there was a vote on Prop 29, which was a referendum sponsored by the Agua
Caliente Indian tribe challenging the Legislature's 1998 approval of a series
of Indian gaming compacts signed by then-Governor Wilson, which the remaining
tribes thought were too restrictive and set a bad precedent for them in their
negotiations and legal strategy for future gaming compacts. The
qualification of the referendum in November 1998 placed those original
compacts on "hold" until the March 2000 vote. In the meantime, the
Legislature agreed to put another Indian Gaming measure on the March 2000
ballot (Proposition 1A), which effectively mooted out the need for the
referendum (indeed, it caused the Indians to urge a "no" vote on their own
referendum) and led it to recede into the background. Proposition 1A passed,
the referendum was defeated, and the money flows in the Indian gaming
casinos.
There is a rather stringent time limit within which the signatures must be
gathered in order to qualify a statewide referendum, which has made the cost
of qualifying a statewide referendum prohibitive to all but those who can
afford to spend the $3 million dollars or so that it would take to pay to
gather the necessary signatures. That is why statewide referenda (there -- I
dared to enter into the debate after all) are so rare in California.
Fredric D. Woocher
Strumwasser & Woocher LLP
fwoocher@strumwooch.com
(310) 576-1233