How Avalos Can Beat Lee in the IRV Tabulation

On election night in San Francisco, Ed Lee ended up with 31% of the first-choice votes. John Avalos had 19%, and Dennis Herrera had 11%.  The remaining 39% of the votes were split up among the rest of em.  Here are the preliminary results.

Avalos has a shot to beat Lee in the IRV tabulation, but just barely. The only way he wins is if the second and third choice votes of all the other candidates transfer at a rate of at least 3-to-1 Avalos over Lee. I think this is unlikely because there were so many other qualified candidates in the race, and because Ed Lee is generally considered a competent Mayor. Very few people hate him, he got a lot of second- and third-choice votes.

In the Oakland Mayor’s race last year, the results were surprisingly similar on Election Night. Don Perata ended the first-choice tabulation with a commanding 11-point lead over Jean Quan. But when third-place finisher Rebecca Kaplan was eliminated and her votes transferred over, an unprecedented two-thirds of them went with Quan, sending Quan across the finish line. This happened because Quan and Kaplan were the only credible candidates in the race other than Perata, and because they ran a concerted IRV strategy, convincing the voters to rank each other second. Moreover, Perata was a polarizing figure – it was an “Anybody but Perata” strategy.

The same doesn’t hold true here. I don’t think Avalos and Herrera ran an IRV strategy together, and there were loads of other credible candidates in the race who will eat up each other’s second- and third-choice votes. Ed Lee himself will get a lot of those second- and third-choice votes. Because he’s no Don Perata.

AND – a lot of ballots are going to be exhausted. Which will be good for Lee. As ballots get exhausted –  because voters bullet-voted (i.e. voting for only one candidate), or because all three of their choices are eliminated – the total vote count goes down. As the total vote count goes down, the percentage of the total vote count for a candidate goes up, inching Lee up towards the goal of obtaining 50% of the total vote count. And that’s where he wins.

And so a ballot that includes votes for only candidates OTHER THAN Avalos or Lee… is ultimately a vote for Lee.

There were a lot of candidates in the race, and so a high percentage of ballots are going to be exhausted early. Because I didn’t see many IRV strategies out there, I’m guessing a lot of voters bullet-voted.  It’s all going to come down to one question: Who did the losing candidates’ voters choose as their second- and third-choice votes, if anyone?

The people who picked Ting, Dufty, Rees, Hall, and Alioto-Pier are more likely to give Lee their second choice votes based on their shared politics. That’s about 20,000 votes, not counting exhausted ballots.

The Baum and Herrera voters are more likely to have picked Avalos as their second or third, and that’s about 17,000 votes, not counting exhausted ballots.

Adachi voters? Forget about it. His votes will transfer to other Asian candidates, some conservative candidates, some to progressives. He’s the wild card. And that’s 9000 votes.

The Chiu and Yee voters are going to be squirrely.  Yee and Chiu worked hard to defeat Lee, and their voters are more progressive than Lee’s. Yet Chinese-American voters tend to be loyal to Asian candidates, and these seconds and thirds are more likely to go with Lee over Avalos. But it’s hard to tell where the Chiu and Yee votes came from just yet. I voted for Chiu, and my second went to Avalos. I also got 1400 hits on my voter guide, so I bet a lot of my friends did the same.

Together, Yee and Chiu had 23,000 votes. Based on the numbers above, these votes have to transfer to Avalos at an extraordinarily high rate (4-to-1?) to put Avalos over the top. And I just don’t see that happening.

Big Ol’ Voter Guide – November 2011

If you’re like me, you’ve been getting piles and PILES of mailers from the campaigns in the upcoming San Francisco election.  I even got two of the same flyer in one day!  It’s over the top.

Why is this happening? Two reasons: (1) All three candidate races (Mayor, District Attorney, and Sheriff) are competitive, boasting several strong candidates for each office; and (2) San Francisco has a robust public financing program, which has pumped several million dollars into the campaigns, so that they can spend more money on things like, uh, mailers.

Despite this colossal waste of trees, and despite the dramatic claims in those mailers about what will happen if certain campaigns win or lose, this is actually a relatively tame election. Why? Because polarizing figures are out of the picture (I mean you, Gavin Newsom and Chris Daly).  And because the candidates for each office are relatively good-natured, competent leaders, with their hearts in the right place and with some great ideas for governance.

Don’t get me wrong. There are certainly some candidates who are MUCH better than others, with a lot more relevant experience and better priorities, IMO.  In the pages below, I offer my thoughts and suggestions, explanations and advice.  I expect to get some heat for many of the choices I’ve made below, particularly in the Mayor’s race. I say: bring it! If you disagree with me, please comment below.  I love to hear opposing opinions (so long as they are not personal attacks), and other readers will appreciate it too. And if you find this guide useful, please post it on your Facebook page, or email it to your friends and frenemies.

If you want to compare this voter guide with other endorsing organizations, I strongly recommend checking out DemDash. It’s a site that allows you to compare easily various endorsements of groups like democratic clubs, newspapers, and political parties.

At the top is a brief summary, and below you can find more detailed explanations of my endorsements.  In the interest of full disclosure, I’m an attorney who specializes in municipal law, elections and entertainment law, and a San Francisco progressive whose passions include preserving and promoting nightlife and culture, fighting for economic and social justice, and getting more women elected to office.  I like to boast that I’m the lowest ranking elected official in California, having been elected last year to the governing body of the San Francisco Democratic Party. And I also like long walks on the beach.

Before we begin, I should also mention that I serve as counsel for two of the campaigns I endorse below (Sharmin Bock for District Attorney and Yes on Proposition G), though my support of each of those campaigns predated the campaigns hiring me to do their legal work.  I have not been paid for any aspect of this voter guide.

With those caveats, here are my choices for the November San Francisco election.

Mayor: (1) David Chiu (2) John Avalos (3) Dennis Herrera
District Attorney:
(1) Sharmin Bock (2) David Onek
Sheriff:
(1) Ross Mirkarimi

Proposition A (School Bonds): YES
Proposition B (Street Repaving and Street Safety Bonds):
YES
Proposition C (Pension Reform – Consensus Proposition):
YES
Proposition D (Pension Reform – Adachi Proposition):
NO
Proposition E (Reforming the Initiative Ordinance Process):
YES
Proposition F (Campaign Consultant Ordinance):
NO
Proposition G (Sales Tax):
YES
Proposition H (School District Student Assignment):
NO

MAYOR:

It’s confusing… what do you do when there isn’t a polarizing character in the San Francisco Mayor’s race? Incumbent Mayor Ed Lee is widely considered to be the front-runner. He’s a competent manager with a disarming mustache and many years of experience in city government.  He has also brought openness and a sense of humor to the office. However, he has a serious problem keeping his promises, some of his supporters have been accused of election fraud, and most agree that he takes direction from Willie Brown and Chinatown powerbroker Rose Pak.  But he’s no wine mogul who sleeps with his employees, marries B-list actresses and hates the little people.  Ahem. That said, there are several better candidates for Mayor in this race, so why settle for Mr. Not-a-Douche?

But first, can we talk for a second about Joanna Rees? She’s not going to win, but I feel like saying a few words about her candidacy. Rees is the least qualified person on the ballot. She’s Meg Whitman – a lifelong Republican (until recently) who has shown no interest in government until she decided to run. Managing a city with a multi-billion dollar budget and with complicated and unique problems requires a leader with experience in those same problems. We’re talking about complex civil service rules, transparency requirements unique to public officials, public contracting laws, the intricate budgeting process, understanding the nuance of negotiating a legislative agenda… it’s going to take Rees all four years of her term just to get up to speed on these things. Please don’t vote for her.

My choices are (1) David Chiu (2) John Avalos (3) Dennis Herrera. These guys are the most qualified candidates to be Mayor because of their experience, progressive ideals, and ability to cut through the bureaucracy and get things done.

#1 – David Chiu

Chiu is a pragmatist, a progressive, and a really smart guy. He serves as the President of the Board of Supervisors and on the Democratic County Central Committee (DCCC) with me.  He doesn’t own a car, he rides his bike to City Hall every day, and environmental initiatives are his highest priority.  David has been a great friend to the women’s political organizations in SF, having carried legislation for them for many years. He has made urban agriculture and funding for public art two of his highest priorities. (Yay for public art and urban farming!) At my urging, he came to Burning Man this year for a brief visit, and he loved it; he’s already planning to come to the desert on his own in 2012.

David is an independent thinker, and he often finds himself as the swing vote in Board of Supervisors decisions, because his politics are somewhere in the middle of the Board’s.  This Board, keep in mind, ranges from super-lefty Democrat to moderate Democrat. (That’s right, every single member of the Board votes blue.)

David has been endorsed by the Chronicle (#1), the League of Conservation Voters (#1), the Bicycle Coalition (#2), many labor unions, San Francisco Arts Democratic Club (#3), Supervisors Mar, Kim and Cohen, four members of the school board, among many others.

David caught some heat from the left for supporting Ed Lee’s appointment to complete Newsom’s term as Mayor (See: “It’s on like Donkey Kong!”), and it is probably his biggest regret in his tenure on the Board.  He and Lee were friends for many years, and when the Board was considering appointing Lee as interim Mayor, Lee promised Chiu and others on the Board that he would only serve as a caretaker for the remaining year; that he would not run for a full term. Lee’s decision to renege on this promise was a personal and political betrayal.

I support David because I trust him to do the right thing, because he is great at finding practical solutions to complex problems, and because he is focused on government accountability.  (Here’s his Blueprint for San Francisco if you want to know more about his vision.) And besides, I’d really like for the next Mayor to be a Burner. ; )  Please vote for David as your #1 choice.

#2 – John Avalos.

My second choice for Mayor is John Avalos. This guy tops Ed Lee on the facial-hair-and-likeability index.  He’s also very smart, and he’s got some exciting ideas for San Francisco’s future. He will bring a progressive reform agenda to the Mayor’s office; he understands the plight of the poor, working class families, and small business. He’s also been a vocal supporter of the Occupy movement, staying up with them until 4am on the night the police were supposed to raid the camp. John is the 99%.

Something else I love: John’s life partner Karen Zapata is at the front and center of his campaign. She’s a teacher and activist, his partner in every sense of the word.  John and Karen are raising two kids in the Excelsior, one with special needs. They live and breathe the life of a working family in San Francisco.

John is the most lefty candidate in the race. He serves on DCCC with me and on the Board of Supervisors, representing the oft-neglected District 11 (Excelsior, Ingleside, Outer Mission).  As the progressive thought leader on the Board, Avalos has been a strong voice for bicycling and livable streets, for tenants and labor unions, for urban agriculture, and for a vibrant arts community.  And you have to see his rad bike video.

John has an impressive list of endorsements: San Francisco Democratic Party (#1), the SF Bicycle Coalition (#1) Harvey Milk LGBT Democratic Club (#1) San Francisco Bay Guardian (#1), League of Pissed Off Voters (#1), Dog PAC (#1), SF Arts Democratic Club (#2), Sierra Club (#2), League of Conservation Voters (#3), Assembly member Tom Ammiano, and many labor unions. This many lefties can’t be wrong! Vote for Avalos #2.

#3 – Dennis Herrera.

It can’t be easy to run for Mayor as City Attorney, particularly when you are running against half of your clients in City government, but Dennis is doing a good job of navigating the ethical minefields. Dennis is known to be a good manager, a top notch City Attorney, and an innovator in government. Part of me doesn’t want to endorse him because I’d really like for him to stay on as City Attorney.

He is endorsed by many of the organizations I care about, including San Francisco Women’s Political Committee (#1), SF Arts Democratic Club (#1), San Francisco Labor Council (#1), League of Conservation Voters (#2), San Francisco Democratic Party (#2), San Francisco Bay Guardian (#2), Harvey Milk LGBT Democratic Club (#2), and many, many more.

Dennis walks the walk. He has won all of those endorsements because of his many years in the trenches fighting for each of the constituencies that these groups represent, from women (see: battling the Bush administration over abortion records), to environmentalists (see: suing to shut down polluting power plant). And he has worked tirelessly to make marriage equality a reality in California. Vote for Dennis.

District Attorney: (1) Sharmin Bock (2) David Onek

Incumbent George Gascon made a good police chief. He has decades of experience, he brought professionalism to the SFPD, he is very personable, and has a long history of standing up for immigrants in the criminal justice system. But he is a bad fit for District Attorney.

When then-Mayor Newsom appointing Gascon as District Attorney, it had the intended effect: it surprised the political elite and frustrated his adversaries. We all wondered, “Does he have a law degree? Did he pass the bar? Has he ever practiced law?” It was very confusing. [The answers are yes, yes, and no]. The switch to DA created all kinds of conflicts of interest, particularly in police misconduct cases. Can we trust that the former police chief is going to aggressively prosecute misconduct cases? Will he be transparent about accusations made against his former colleagues? Is he going to be an objective judge of the credibility of officers who testify in cases brought by the DA’s office? Absolutely not. The fox is guarding the henhouse.

#1 – Sharmin Bock.

My choice is Sharmin Bock.  A career prosecutor, Bock has spent decades working on crimes against women and children, she has extensive experience managing several divisions within the DA’s Office in Alameda County.  This point bears repeating: Sharmin has 22 years of experience prosecuting crimes and managing other prosecutors. She is the only candidate in this race with this kind of experience.

Sharmin has an extraordinary 95% conviction rate in felony cases brought to trial.  She has led the way in focusing public attention on and prosecuting the purchase of children for sex. Though she has good working relationships with police officers, she believes it is vital that the DA and the police be entirely independent of one another so that the public can be assured of police transparency and accountability.

Sharmin has been endorsed by lots of people and organizations I care about, including the Sierra Club, SF Women’s Political Committee, Bay Area Lawyers For Individual Freedom (BALIF), African American Democratic Club, EMILY’s List, Harvey Milk LGBT Democratic Club (#2), SF Democratic Party (#2), San Francisco Bay Guardian (#2), SF Arts Democratic Club (#2), SF League of Conservation Voters (#2), San Francisco League of Young Voters (#2), Congresswoman Jackie Speier, Supervisors Cohen, Mar and Mirkarimi.  For more about her campaign, go here. Please vote for Sharmin!

#2 – David Onek

Like Gascon, Onek has also never prosecuted a case. He is a progressive and a smart guy who has made a career of thinking about criminal justice issues.  Onek understands that the criminal justice system is broken, and that the entire system needs to change.  It bothers me that he has no experience working as a prosecutor, but he would be a better DA than the incumbent.

Onek’s endorsement list is long and impressive, and includes dozens of law enforcement professionals, elected officials and organizations, including outgoing Sheriff Mike Hennessey; Assemblymember Tom Ammiano; Supervisors Chiu, Avalos, Chu, and Mar; six members of the school board, the SF Democratic Party, the California Police Chiefs Association, SF Bay Guardian, several unions, SF League of Conservation Voters, Sierra Club, Harvey Milk LGBT Democratic Club, SF Young Democrats, SF League of Young Voters, SF Arts Democratic Club.

Sheriff: (1) Ross Mirkarimi

Retiring Sheriff Mike Hennessey has done a great job. He’s been Sheriff for over 30 years, and has implemented many innovative reforms to the City’s jail system, such as creating the country’s first charter high school within the jails.  He has handled evictions in a humane way, he has held his deputies to a high standard of behavior, and he has done great work in reducing recidivism and providing alternatives to incarceration.

Hennessey has endorsed Supervisor Ross Mirkarimi to replace him as Sheriff. The two have much in common; both are progressives and reformers. They both think outside the box when it comes to how law enforcement can prevent crime and reduce recidivism, not just penalize criminals. Ross is the candidate best situated to carry Hennessey’s legacy forward.

What’s interesting about Mike Hennessey is that he had no law enforcement experience going into the job; he was a civil rights attorney before being elected. By contrast, Mirkarimi has extensive law enforcement experience, having graduated from the Police Academy, where he was president of his class, and having worked as an investigator in the DA’s office for nearly a decade.

Ross represents a district with many crime-related challenges (Western Addition, Haight, Fillmore) and he has spent much of his tenure on the Board of Supervisors focused on public safety issues. He personally appeared at every homicide scene, pushed for community policing and for organizing the community around crime — and he delivered the first veto override of Mayor Newsom’s career over forcing the police to use foot patrols in high crime neighborhoods.

Ross is endorsed by just about everybody: Sierra Club, San Francisco Democratic Party, San Francisco Bay Guardian, Harvey Milk LGBT Democratic Club, SF Tenants Union, San Francisco Women’s Political Committee, San Francisco Arts Democratic Club, San Francisco for Democracy, African American Democratic Club, Latino Democratic Club, San Francisco Young Democrats, League of Pissed Off Voters, San Francisco Labor Council, Senator Mark Leno, Assemblymembers Fiona Ma and Tom Ammiano, Supervisors Mar, Kim, Campos, Avalos.  For more about his candidacy, go here. Please vote for Ross!

Proposition A (School Bond): YES

Yes, I know. It seems like we are asked to approve a school bond in every single election. Why? Because California’s budget process is bleeding schools to death, and this is really the only way local school districts are able to make capital improvements. Sad.

The $531 million new bond will go towards upgrading the seismic safety of 50 of 140 schools in the district, and it will require homeowners to pay about $21 per $100,000 of assessed value every year until the bond is paid off.  If you are not a homeowner, frankly you have nothing to lose in voting yes. You don’t have to pay for it, and the money will improve these schools significantly. I’m a (child-free) homeowner, and I’m voting yes because improving school quality in San Francisco makes it easier for families to stay here, it improves my property value, and because $21 is a small price to pay for seismically safer school facilities. Every member of the school board signed the ballot argument for this one, and it has been endorsed by just about everybody I care about. Vote YES.

Proposition B (Street Repaving and Street Safety Bond): YES

If you ride a bike or a scooter, you know that pavement quality in the City is horrible and dangerous. If Prop B passes, the new $248 million bond will accelerate major streetscape enhancements for biking, walking, and transit. It will make it easier to obtain grants from federal, state, and local agencies, and it will fund other badly needed infrastructure work. The Bike Coalition supports it, and so do I.

But one thing bothers me: City streets are supposed to be maintained by the general fund as a part of the City’s normal maintenance budget. Paying for this by way of a bond sets a really bad precedent. However, the City’s financial situation is dire, and delaying street repair can lead to exponentially higher costs down the road (not to mention the safety hazards), and so all things considered, the city will be worse off if B fails.  Vote YES.

Proposition C (Pension Reform – Consensus Measure): YES
Proposition D (Pension Reform – Adachi Measure):
NO

Everyone agrees: San Francisco’s pension liability is a huge cause for concern.  While pension costs are rapidly increasing, the investment funds that support them are being decimated by the economy.  By 2013, the Department of Human Resources estimates that pensions are going to constitute 52% of the City’s payroll expenses. And according to the San Francisco Chronicle, San Francisco owes $4.476 billion in pensions to its employees but can only afford to pay three-quarters of that cost. Yikes!

How did we get into this mess? Because during the fat years, city management offered increasingly better and better retirement options and benefits to city workers to improve the quality of employees they could attract, and to make the unions happy. The promise to a new city employee was: Take a pay cut to come work for the public sector now, and we’ll take care of you after you retire. I know, I was one of these public employees who took that deal.

Then, the City’s pension investment fund took a $4 billion hit in 2008, and the City was forced to start contributing hundreds of millions of dollars to pension costs using its annual revenues that pay for basic services such as police, fire, parks and roads. So here we are. With battling pension reform measures that we need to decide between.

Propositions C and D present voters with two different pension reform options. If both propositions receive a majority vote, the one with the most votes will go into effect.

Prop C is called the “consensus” measure because it was the product of a collaborative effort by Mayor Lee, the Labor Council AND the Chamber of Commerce, and the Board of Supervisors. It requires all City workers to pay a higher percentage of their salary into their own pensions – 2.3% to 12.5%, depending on the type of job and the City’s future investment successes. It also requires recent and future employees to contribute a percentage of their salaries into their retirement health plan.

Proposition D, by contrast, was written by Public Defender Jeff Adachi with little or no input from the City’s managers or organized labor. It will save the city $50 million more a year than Proposition C. It will require a higher contribution percentage across the board, and it will set a $140,000 cap on the total annual pension payout to any employee. Prop D does not address how the city handles health care for retired workers.

Labor strongly opposes D, and it will be a much more difficult burden to bear for most public employees, who have already taken many hits in recent years, including cuts to pay and benefits, and increases in workloads as the City has been laying off workers. Believe me, it is very difficult to be a public employee in the current environment. Please vote YES on C and No on D.

Proposition E (Reforming the Initiative Ordinance Process): YES

The ballot measure system is seriously flawed.  If the voters approve a law by ballot measure, that law can’t be amended except by going back to the voters.  This makes it nearly impossible to amend the law in many cases, and burdensome on voters who shouldn’t have to vote on a law every time it needs tweaking.

Because of the way the ballot measure system is set up, the City’s municipal code is a patchwork including dozens of crazy unworkable (and sometimes unenforceable) laws.  Prop E is an important reform to the way in which voters can make law, and coming from a person whose job it is to interpret the municipal code, I tell you this measure is a breath of fresh air.

If it is approved, Prop E will make the following changes:

  • For the first three years after a measure is approved, the San Francisco Board of Supervisors will not be able to amend it.
  • In years four to seven after the law is passed, the Board will be able to amend or repeal a measure with a 2/3 vote.
  • After seven years, the measure will be amendable or repealable by a simple majority vote of the Board of Supervisors.

Prop E does not apply to any past voter-approved measures. It will only apply, if it is approved, to ballot measures adopted in the future. Sometimes laws have unintended consequences that need fixing, or they need a little tweaking to make them more workable. This law allows the Board of Supes to do the fixing and tweaking, and to remove provisions ruled illegal or unenforceable by the courts.

Supervisor Scott Wiener, SPUR (the San Francisco Planning and Urban Research Association), and the Chronicle support Prop E. It is opposed by the San Francisco Democratic Party, the Bay Guardian, Supervisor John Avalos and former Ethics Commissioner Eileen Hansen. They each say that Supervisor Wiener, the measure’s sponsor, hasn’t provided an adequate explanation as to why the law is needed, and that the democratic process is fine the way it is.  I disagree! This reform is a modest and thoughtful one, and it includes protections against abuse by future lawmakers. I suspect that much of the opposition is due to political biases against Supervisor Wiener, and due to fears that he has a particular law or laws in mind that he wants to change. Sup. Wiener is a former Deputy City Attorney, and I’ve spoken with him at length about his motivations – I think he genuinely wants to make the Municipal Code easier to use.

Reduce the size of future ballots, and allow City government to operate more efficiently.  Please vote yes on E.

Proposition F (Campaign Consultant Ordinance): No?

Prop F asks you whether you want to modify the law that sets reporting rules for local political consultants.  The San Francisco Ethics Commission, which is in charge of administering rules governing political consultants, asked for the changes.

Under the existing law, consultants are required to register if they earn $1,000 or more a year on political consulting (which is nothing, IMO). Under Prop F, that threshold would be raised $5,000 in annual consulting income (which is still very low). These changes are fine by me because it really won’t change the number of people registering as consultants. However, the new law would also allow the Ethics Commission to make any other changes it wants in the future.  In the words of Supervisor Wiener, the measure’s sponsor, “We don’t want to have to go back to voters and ask whether consultants should file every month or every three months.”  Sounds good, except that I’m not so sure the Ethics Commission can be trusted – it is not elected, but appointed by the very elected officials who would probably do away with the registration law if they had the chance. Unlike Prop E, this measure doesn’t include the same safeguards in exchange for taking away the voters’ power to make amend this law.

Prop F is supported by Supervisor Wiener, SPUR, and the Chamber of Commerce.  Environmental groups and lefty organizations like the Sierra Club, the Coalition for San Francisco Neighborhoods and the San Francisco Democratic Party oppose it. So does Assembly member Tom Ammiano, who drafted the original law.

I’m all for streamlining government (see Prop E above), but I think this measure goes a little too far.

Proposition G (Sales Tax): YES

The next few paragraphs are very dry and involve math, so bear with me.

At the beginning of the year, the sales tax in SF was 9.5%.  It is now 8.5% because state lawmakers couldn’t agree on whether to extend a 1% temporary sales tax that expired June 30. Letting that 1% expire means less money coming from Sacramento for cities and counties.  (If you haven’t been paying attention, in the last few years the state government has been starving city and county governments by imposing new fees on them and refusing to pass along monies that the localities used to depend on for basic services).

So the Mayor and the Board of Supervisors put Prop G on the ballot to increase the local sales tax rate by 0.5% to make up some of that revenue loss – and it will pump approximately $60 million back into the City’s general fund. The sponsors say the money will go toward public safety, children’s services and programs for seniors.  AND – if Sacramento acts to raise the California sales tax by 1% sometime before November 30, or by 0.75% by January 2016, this new local sales tax hike will be scrapped. If it’s not scrapped, the increase will expire after 10 years.

The City needs the money really badly. And the new tax doesn’t even take us back to where it was earlier this year. Yes, OK, it’s regressive – meaning, poor people are hurt more by this tax than the rich.  But I honestly don’t think it’s going to make that much of a difference to people’s pocketbooks – if it passes, it will add 5 cents to your next $10 purchase.  And $60 million WILL make a big difference to the services that the City is able to provide. Vote yes.

Proposition H (School District Student Assignment): NO

Prop H is based on a fallacy: that every San Francisco family wants their kid to go to the school that is closest to their home. If Prop H is approved, it will become an official policy of the City of San Francisco to encourage the school district to give the highest priority to assigning each student to the school closest to where they live. And I understand the premise: that families are leaving SF in large numbers because their kids are being bused across town.  And yet proximity is only one of many factors in a family’s school choice, and this premise ignores the many complicated factors that go into school preferences.

The teachers union and every member of the school board oppose Prop H, and for good reason: this measure only helps those families who live in neighborhoods with good schools. And it punishes those who live in poor neighborhoods and/or near underperforming schools.  Moreover, there are lots of different kinds of schools to choose from, depending on your child’s interests and abilities. Even if you live near a “good” school, you still might want your kid to go somewhere else. As if that weren’t enough, the measure is badly written, and will encourage school reassignments to happen in the middle of the school year if it passes. Prop H is just a bad idea all around. Please vote NO.

Big Ol’ Voter Guide – California & SF 2010

Now that I sit on the governing board of the San Francisco Democratic Party, I’ve had to pay very close attention to the campaigns that are vying for your vote in November. I’ve researched and grumbled, debated and pondered.  And here’s what I’ve come up with for the upcoming election in California and San Francisco.

At the top is a brief summary, and below you can find more detailed explanations of my endorsements.  In the interest of full disclosure, I’m a government lawyer and a San Francisco progressive whose passions include preserving and promoting nightlife and culture, fighting for economic and social justice, and getting more women elected to office.  I also like long walks on the beach.

If you live in California, but not SF, check out the statewide endorsements at the very top.  SF peeps? Hang on, this is a long one. You have 53 decisions to make before election day. Yikes. Aren’t you glad you know a policy nerd who did the research for you? ; )

CALIFORNIA BALLOT:
U.S. Senate – Barbara Boxer
Congress, 8th District – Nancy Pelosi
Governor – Edmund G. (Jerry) Brown
Lieutenant Governor – Gavin Newsom? Kinda?
Secretary of State – Debra Bowen
Controller – John Chiang
Treasurer – Bill Lockyer
Attorney General – Kamala Harris
Insurance Commissioner – Dave Jones
Board of Equalization (Dist. 1) – Betty Yee
Superintendent of Public Instruction – Tom Torlakson
State Senate Dist. 8  – Leland Yee
State Assembly Dist. 12 (West side of SF) – Fiona Ma
State Assembly Dist. 13 (East side of SF) – Tom Ammiano
Prop 19 – Legalize Marijuana – OH HELL YES
Prop 20 – Congressional District Reapportionment – NO
Prop 21 – Vehicle License Fee for Parks – YES
Prop 22 – Stop the State’s Raid on Local Government – YES
Prop 23 – Suspending Air Pollution Control Laws – OH HELL NO
Prop 24 – Restore Business Taxes – YES
Prop 25 – Simple Majority Budget Passage – OH HELL YES
Prop 26 – 2/3 Vote for Fees – OH HELL NO
Prop 27 – Eliminating Redistricting Commission – YES
 

SAN FRANCISCO BALLOT:
Supervisor District 2 – Janet Reilly
Supervisor District 4 – Carmen Chu
Supervisor District 6 – Debra Walker!
Supervisor District 8 – Rafael Mandelman!
Supervisor District 10 – Malia Cohen
SF Board of Education: Margaret Brodkin, Emily Murase (and Hoehn, Maufas or Mendoza)
SF Community College Board – John Rizzo
BART Board of Directors – District 8 – Bert Hill
Assessor-Recorder – Phil Ting
Public Defender – Jeff Adachi
SF Superior Court Judge (Seat 15) – Richard Ulmer
Prop AA – Vehicle Registration Fee – YES
Prop A – Earthquake Retrofit Bond – YES
Prop B – City Retirement and Health Plans – OH HELL NO
Prop C – Mayor Appearances at the Board – YES?
Prop D – Non-Citizen Voting in School Board Elections – YES
Prop E – Election Day Voter Registration – YES
Prop F – Health Service Board Elections – NO?
Prop G – Transit Operator Wages – NO
Prop H – Local Elected Officials on Political Party Committees – NO
Prop I – Saturday Voting – YES
Prop J – Hotel Tax Clarification and Temporary Increase – YES
Prop K – Hotel Tax Clarification – NO
Prop L – Sitting or Lying on the Sidewalk – OH HELL NO
Prop M – Community Policing and Foot Patrols – YES
Prop N – Real Property Transfer Taxes – YES

CALIFORNIA BALLOT:

U.S. SENATE – BARBARA BOXER
It’s a fascinating trend in politics, particularly in California. The Republican billionaire with little or no political record (or voting history) takes on a sorta well-liked Democrat with a long history in politics. The GOP tries to use that history against the Democrat, with some success. Here that Republican – Carly Fiorina – might just win. She’s arguing that she has run a multi-billion dollar company, and so she can help recover California from its financial mess. Nevermind that Fiorina was fired from HP after screwing up a merger, and exported 30,000 jobs while she was there. The choice is clear – Boxer’s one of the leading progressive voices in the U.S. Senate. She’s good on foreign policy and on immigration issues, she has been a lifelong champion of the environment and reproductive rights. Nuff said.

CONGRESS, 8TH DISTRICT – NANCY PELOSI
First female Speaker of the House. She’s a fighter, and a survivor. She’s also not perfect, but she takes care of her district, she is doing the best she can under extremely trying (highly partisan) circumstances.

GOVERNOR – EDMUND G. (JERRY) BROWN
Having worked in Oakland City Hall under Mayor Brown, I know him well. He’s a far more moderate guy than the Jerry who served as Governor from 1975-83, and perhaps that’s what it takes to get elected statewide in 2010.  Brown opposes tax cuts for the rich, he is promoting green jobs and takes bold stands on the environment and on gay marriage. And his hail-Mary campaign strategy (save all your limited resources until the very end when the voters are actually paying attention) is a HUGE risk. But it might just work. The more money Meg Whitman spends on her campaign, the less popular she becomes. And she’s just awful. First thing she wants to do is lay off 40,000 state employees. Really? The state’s unemployment rate will skyrocket. She’ll cut taxes at exactly the time that we’re closing state parks and libraries due to revenue problems. She’s yet another billionaire Republican who thinks she can buy the election – she has no political experience or background, and hasn’t indicated an interest in voting or government until she decided to run.  Ew. Vote for Jerry.

 LIEUTENANT GOVERNOR – GAVIN NEWSOM? KINDA?
Yeah, I’ve heard the argument. Vote for Newsom to get him out of San Francisco. But given his history in City Hall, his political pettiness (see Prop H below) and his pattern of sabotaging the careers of strong women in government, I have a hard time promoting his career any further. Besides, the job of Lieutenant Governor is not very important. The LG sits on, or appoints representatives to, several of California’s regulatory commissions and executive agencies. He or she doesn’t write laws or issue executive orders, and has very little influence over policies that come out of Sacramento. Both Newsom and his opponent are political moderates – there isn’t much difference between them. If you were to vote for a Republican for any statewide seat, this would be it. BUT – Newsom is a little better on promoting a green economy and on marriage equality. If you can’t bear to vote Republican, vote for Newsom.

SECRETARY OF STATE – DEBRA BOWEN
This office runs elections and keeps corporate filings, and Bowen has done a great job at both, IMO. As a former Elections Commissioner in SF, I care very much about maintaining the integrity of electronic voting systems – and this is something Bowen has excelled at.  Like Meg Whitman and Carly Fiorina, Bowen’s opponent is another wealthy Republican who has shown no interest in voting or government until recently.  Damon Dunn is a 34-year-old former pro football player who FIRST REGISTERED TO VOTE LAST YEAR.  If you picked a random person off the street, chances are they would have more elections-related experience than this guy.  And he wants to run the office that oversees elections? His campaign is an insult to your intelligence. Vote for Bowen.

CONTROLLER – JOHN CHIANG
Get to know John Chiang (pronounced “chung”). This guy’s a keeper. Aside from being a perfectly competent Chief Financial Officer for California, Chiang butted chests with Gov. Schwarzenegger when the Guv tried to cut the pay of state employees to minimum-wage level — and forced the Governator to back down.  Chiang is great.

TREASURER – BILL LOCKYER
Lockyer is a lock. His opponent is a weak candidate, and Lockyer has been a decent Treasurer by all accounts. Done.

ATTORNEY GENERAL – KAMALA HARRIS
This is a tight race, and an easy one for me.  Kamala’s opponent – Steve Cooley, DA of LA County – is your typical law-and-order, throw-more-cops-at-the-problem Republican. He’s a big proponent of the death penalty, vowing to make it easier to send people to the death chamber. Cooley has hammered Harris  on problems in the SF crime lab, and in the failure to out bad cops – problems that Kamala’s people should have detected earlier. But Kamala is still a far a better choice. Where Cooley is focused on punishing crime, Harris is focused on deterring it. She has placed an emphasis on preventing recidivism, being “smart on crime” rather than just “tough on crime.” She wants the AG’s office to attack a broad range of issues, including environmental justice and human trafficking. She has refused to seek the death penalty in San Francisco, and would bring the perspective of a woman of color to the AG’s office. She’s the future. Vote for Harris.

INSURANCE COMMISSIONER – DAVE JONES
Assemblymember Dave Jones is a former Legal Aid attorney who is widely known as a consumer advocate.  I like him because he’s so earnest. He’s got the chops – and more important, the integrity – to do this job well.  His opponent, a classic conservative, opposes consumer protections, and wants to limit lawsuits that would keep corporate America accountable.  Jones it is.

BOARD OF EQUALIZATION, DISTRICT 1 – BETTY YEE
The Board of Equalization is more important than you think – it sets and enforces tax policy, and has a hand in just about every area of revenue generation for California.  Betty is one of my political heroes. She was one of the first elected officials to endorse the legalization – and TAXATION – of marijuana. Betty’s a strong progressive, she mentors young women who want to run for office, and she’s one of the rare San Francisco political figures who is liked by folks on both sides of the (San Francisco) aisle. Go Betty!

SUPERINTENDENT OF PUBLIC INSTRUCTION – TOM TORLAKSON
This race is a battle over the power of the teachers’ unions. Torlakson – who has the support of the unions – is in a runoff with Larry Aceves, who thinks the unions are the biggest problem in public education.  (I personally think chronic underfunding is the problem, but what do I know?)  Torlakson is a former science teacher who has made education his focus while in the state legislature. Aceves is a former principal and school superintendent who wants the unilateral right to suspend labor contracts. I think the teachers unions have done a good job of keeping school funding at the forefront of every budget debate in California, and I support their endorsement in this race. Vote Torlakson.

STATE SENATE – DISTRICT 8 – LELAND YEE
Yee has no real opposition, and he’ll be easily re-elected.  Even so, he’s running hard because he’s probably running for Mayor next year. He’s worth sending back to Sacramento, because he’s particularly good on governmental and corporate transparency issues.

STATE ASSEMBLY, DISTRICT 12 – FIONA MA
Fiona represents the more conservative district in SF, and her politics align with her constituency. I disagree with many things she’s done in Sacramento, including promoting anti-tenant laws – but she’s good on lots of other issues I care about, like public power and high-speed rail. If you live on the west side of town, vote for Fiona.

STATE ASSEMBLY, DISTRICT 13 – TOM AMMIANO
Ammiano is the elder statesman of San Francisco politics; his accomplishments are too plentiful to enumerate here.  He was the author of SF’s universal health care law and the City’s rainy day fund – both game-changers.  In the Assembly, he’s championed legalizing and taxing marijuana, and has demanded accountability on public safety issues. Tom is great, please vote for him.

PROP. 19 – LEGALIZE MARIJUANA – OH HELL YES
Millions of Californians have been waiting for this day. Prop 19 lets cities and counties set their own regulations for the adult use of marijuana – it’s a modest way of going about ending prohibition.  Fresno may want to keep it illegal, and Oakland may want to become the weed capitol of California, thereby benefiting from taxing and permitting grow-houses and dispensaries.  Experts agree that marijuana use is far less bad for you than cigarettes or alcohol, both of which are legal and widely used. The Bay Guardian said it best: continuing with pot prohibition will (1) empower the Mexican drug cartels and their violence and political corruption, (2) perpetuate a drug war mentality that is ruining lives and wasting law enforcement resources, and (3) deprive state and local governments of tax revenue from California’s number one cash crop.   Yes on Prop 19! It’s about time.

PROP. 20 – CONGRESSIONAL DISTRICT REAPPORTIONMENT – NO
Full disclosure – I’m a big-D Democrat. And this issue is a Democrat versus Republican issue, period. Prop. 20 has to do with the power to draw congressional districts in California – and whether we want to re-draw the district lines to give more power to Republicans (and moderate Democrats) than there is now. The Prop 20 campaign argues that the measure would create more competitive elections and hold politicians accountable. I’m all for holding politicians accountable. But Prop. 20 could also give the GOP an advantage in a Democratic state. Doesn’t make sense to me.

PROP. 21 – VEHICLE LICENSE FEE FOR PARKS – YES
Before the Governator took office, Californians were paying a reasonable vehicle license fee – one that helped cover the full impacts of cars on the state – in road maintenance and repairing environmental damage, for example. Schwarzenegger repealed that fee, costing the state tens of billions of dollars. Prop 21 would charge an $18 annual fee on vehicle license registrations and reserve at least half of the $500 million in revenues for state park maintenance and wildlife conservation programs. The measure would also give cars free entrance to the state parks – bonus! $18 a year? We can afford it. Vote yes.

PROP. 22 – STOP THE STATE’S RAID ON LOCAL GOVERNMENT – YES
As an employee of local government, this one is close to home. In 2009, the California state legislature raided about $5 billion from city, county, transit, redevelopment and special district funds. These local taxpayer dollars would have been used to fund public safety, emergency response, and other local government services (and uh, my salary). Prop 22 would prevent the state from raiding these funds. Which is the right thing to do, because when these taxes were approved, taxpayers were expecting the revenues to go toward LOCAL services, not state programs.  Vote yes.

PROP. 23 – SUSPENDING AIR POLLUTION CONTROL LAWS – OH HELL NO
This one is really REALLY bad.  Prop. 23 was put on the ballot by oil companies and wingnuts in order to repeal a really important law that is helping combat global warming. Assembly Bill 32, California’s Global Warming Solutions Act, imposed enforceable limits on greenhouse gas emissions by 2012 — and Prop. 23 would reverse that law, by suspending it until unemployment drops to 5.5 percent for a full year. Right. Like that’s going to happen any time soon. They call it the “California jobs initiative,” which just makes me sick. By pitting jobs versus the environment, you would think the business community would get behind 23 – right? Wrong. The SF Chamber of Commerce is actively opposing Prop. 23. And many business leaders recognize that green jobs are the future, and AB 32 is actually going to lead to more jobs, not less. For more, see this interactive video by my friends at Green for All. No on 23!!

PROP. 24 – BUSINESS TAXES – YES
Prop. 24 will restore certain taxes on large corporations (that had previously been repealed), and it will raise about $1.7 billion for the state’s general fund. California is in dire straits and the money to support our essential services has to come from somewhere. Might as well be the people who can afford to pay. Vote yes.

PROP. 25 – SIMPLE MAJORITY BUDGET PASSAGE – OH HELL YES
This is a really important one. The state budget was a full THREE MONTHS LATE this year. Why? Because California requires a 2/3 majority of the legislature to approve the budget. Which means that a minority (Republicans) can hold the budget process hostage until they get what they want. And in the meantime, workers can be furloughed, state offices can be shut down, the state can issue IOU’s, until a budget is passed. Prop. 25 would fix this problem by allowing the state legislature to pass a budget with a simple majority vote.  And the budget, frankly, will look a lot more like the priorities of the progressives in the legislature. End the gridlock. Vote yes on 25.

PROP. 26 – TWO-THIRDS VOTE FOR FEES – OH HELL NO
Currently, state and local governments must ask the voters to approve any new tax with a 2/3 vote. But “fees” are different from taxes because the revenues that fees generate go directly toward covering costs. For example, SF can charge a fee to block off a street for a festival, to cover the costs of cleanup or re-routing traffic. But Prop 26 would require the legislature or City Council or Board of Supervisors to go to the voters every time they wanted to impose a new fee. You think the ballot is too long now? Wait ‘til this measure passes. Seriously. It’s yet another attempt to make it harder for the City to cover the cost of doing business. Oh yeah, it’s also supported by Big Business and Big Oil, because it would also prevent governments from imposing new environmental impact fees on polluters. Vote NO!

PROP. 27 – ELIMINATING REDISTRICTING COMMISSION – YES
In 2008, voters approved a measure to create a redistricting task force on the premise that the state Legislature shouldn’t be drawing its own district lines. Yeah, I can see how that’s a conflict of interest. But the new task force – which is composed of an equal number of Democrats and Republicans – isn’t the solution. While the task force is supposedly less political, it is not representative of the state, which is dominated by Democrats. (Which of course I think is a good thing). Prop 27 would abolish the task force and return the task to the state legislature. Vote yes.

 

SAN FRANCISCO BALLOT: 

SUPERVISOR, DISTRICT 2 (Pac Heights, Marina, Cow Hollow, Presidio) – JANET REILLY
Frankly, Janet Reilly is overqualified to be Supervisor. She sits on the governing board of the Golden Gate Bridge, she’s a crackerjack fundraiser and policy wonk, she’s smart, thoughtful and level-headed. Which is exactly why City Hall needs her. Janet and I won’t always agree – she opposes most tax measures and she won’t always be aligned with the progressive majority on the board. But her politics seem to closely reflect that of her district – which is on the conservative side of town. And she has far more good ideas and experience than her opponents. Vote for Janet.

SUPERVISOR, DISTRICT 4 – (Sunset) – CARMEN CHU
You may start to detect a theme here. Carmen Chu and I usually disagree, but I recognize that she represents a conservative district, and her politics are similar to those of her constituency.  What I find interesting is that Chu never wanted to be Supervisor – Mayor Newsom plucked her out of his policy staff to serve out the rest of Ed Jew’s term. But she quickly got the hang of it, and she’s running unopposed for re-election. While we may not see eye-to-eye, I trust that she arrives at her decisions honestly, and with her constituents’ best interests in mind.

SUPERVISOR,DISTRICT 6 – (SOMA, Tenderloin, Civic Center, parts of Inner Mission) – DEBRA WALKER!
This is a fascinating race. Debra Walker serves on the Democratic County Central Committee (DCCC) with me, she’s worked on District 6 issues for a couple of decades, and has served on the Building Inspection Commission for many years. She understands land use and housing, the key issues in D6.  School Board member Jane Kim moved into the district recently in order to run for Supervisor, because she thinks her background, name recognition and political leanings can get her elected in this very leftist district. She, too, is a solid progressive, and her candidacy has split the City’s political left, opening the door for the more conservative candidate to win.  Theresa Sparks is the Chamber of Commerce’s candidate, though it’s interesting to note that she’s also transgender, used to be CEO of Good Vibrations, and served on the Police Commission – an interesting combination. It’s a big field, but those are the three candidates to watch. I’m supporting Walker because she’s paid her dues, she knows the district well, and she’s a progressive with proven integrity and a sharp mind.  Vote for Debra!

SUPERVISOR,DISTRICT 8 – (Castro, Noe Valley, Inner Mission, Glen Park) – RAFAEL MANDELMAN!
I ran for this seat four years ago, and so I’ve been following this race very closely. The three top candidates are Rafael Mandelman, Scott Weiner, and Rebecca Prozan. (All three are gay Jewish attorneys. Funny.)  This is a critical race for San Francisco, because District 8 is ground zero for the changing demographics of the City, the gentrification of our neighborhoods, the flight of families and the middle class. Rebecca Prozan is a deputy prosecutor and former campaign strategist who is painting herself as the middle-of-the-road candidate. She’s endorsed by outgoing Supervisor Bevan Dufty, whose focus on neighborhood services she wants to emulate. Scott Wiener, a deputy city attorney, has done a lot of work in the district. But he might be the most conservative candidate running for Supervisor in any district this November. He and I disagree on almost every local issue.

I support Rafael Mandelman – he is the only progressive on this ballot, he promises to fight for immigrants and tenants, and for economic and social justice. As a former member of the Building Inspection Commission and Board of Appeals, and as a lawyer who advises local government agencies on land use issues, Rafael has good judgment and he has the know-how to be a great Supervisor. Vote for Rafi.

SUPERVISOR, DISTRICT 10 (Potrero, Visitation Valley, Bayview, Dogpatch) – MALIA COHEN
A fellow graduate of the Emerge Program, which recruits and trains Democratic women to run for office, Cohen is my choice for D10 Supervisor. Malia has a long family history in this district, and knows it really well, having served as the D10 neighborhood liaison to the Mayor’s office many years ago.  Her priorities are keeping D10 “working, healthy and safe” – she wants to clean up the Hunters Point shipyard, create jobs, and focus on combating crime in the district. Elect Malia.

SAN FRANCISCO BOARD OF EDUCATION – MARGARET BRODKIN, EMILY MURASE (and Hoehn, Maufas or Mendoza)
Three spots are open on the School Board, and I have only endorsed two candidates, Emily Murase and Margaret Brodkin. As for my third vote, I’m torn among Kim-Shree Maufas, Natasha Hoehn and Hydra Mendoza. Emily Murase was in my class of the Emerge Program (which recruits and trains Democratic women to run for office), and she is Executive Director of the San Francisco Department on the Status of Women. She is a public school parent activist, and her emphasis is on performance incentives for teachers and encouraging parental involvement. She’s a coalition builder, as evidenced by her variety of endorsements from all sides of the San Francisco political world. I am supporting Margaret Brodkin because she is creative, independent and smart, and because she might have more experience advocating for children and their families than all of the other candidates combined.  She has had some personality clashes with certain City Hall folks, but I don’t think that should keep her from serving the school district well.  As the former director of Coleman Advocates for Children and Youth, and as the former director of the SF Department of Children, Youth and Their Families, she is by far one of the most qualified people to run for School Board in a long time.

As for my third choice, I’m torn among Hoehn, Maufas and Mendoza. Natasha Hoehn is an up-and-comer, an 8th grade teacher with a broad range of endorsements. I think her teaching experience would be valuable to the board. But she doesn’t have much local political experience, and so I don’t know if she has what it takes to survive the blood sport that is San Francisco politics. Kim-Shree Maufas (also an Emerge alum) has a strong progressive voting record on the board, and I’m inclined to support her, but I have some reservations. Last year, she was reported to have used a school district credit card for personal expenses, and while she paid the district back, it was an error in judgment. But – she has been a tireless advocate for low-income kids and teachers, and she has always voted the right way on the issues that matter to me.  Hydra Mendoza is dynamic, experienced, and shrewd. While serving on the School Board, she has worked for Mayor Newsom as an education advisor – which I think is a conflict of interest – but she’s been a good School Board member, and she cares deeply about public education. You really can’t go wrong with any one of these three.

SAN FRANCISCO COMMUNITY COLLEGE BOARD – JOHN RIZZO
Here’s the thing: Only three people are running for College Board – for three spots – and all three are incumbents. They are all going to be re-elected, but that doesn’t mean they all should be. The Community College District is a mess. I’m deep into local politics, and even I have had a hard time keeping track of all the scandals and indictments and misused funds that have made the news in the many years while I’ve lived here.  And I place some of the blame on Lawrence Wong and Anita Grier, the two longtime incumbents running for re-election this November. Even if they weren’t responsible for the College Board mess, they certainly haven’t been a part of the solution. John Rizzo, on the other hand, has only served one term, and he is a leader in the movement to reform the Community College District. He is former chair of the Bay Area chapter of the Sierra Club, he is thoughtful and well regarded, and has worked hard to get the district’s finances and foundation under control.  Vote for Rizzo.

BART BOARD OF DIRECTORS, DISTRICT 8 – BERT HILL
I like Bert Hill – he’s earnest, smart, and knows a whole lot about transportation policy. And he’s a Democrat, running against the only elected Republican in San Francisco (James Fang). He wants to bring more transparency to the BART Board and more accountability to the BART police department. Bert for BART!

ASSESSOR-RECORDER – PHIL TING
The Assessor-Recorder evaluates real estate for tax purposes. Boring, right? Wrong! Ting has been an aggressive assessor who has gone after big corporations (and the Catholic church) for trying to duck taxes. He has also been pushing for a statewide tax reform that, if approved, would lead to billions more dollars a year in annual revenues for the state. In this era of dwindling municipal resources, this is exactly the kind of Assessor we need. Phil is great, please vote for him!

PUBLIC DEFENDER – JEFF ADACHI
Most people will agree that Adachi has been doing a solid job as Public Defender, with limited staff and shrinking resources. He did a strange thing this year by sponsoring Prop B – a heinous measure that will cut health care benefits for City employees, and which will hurt the low-wage workers the most. That said, he’s definitely worth re-electing, assuming this Prop B thing was an anomaly.

SAN FRANCISCO SUPERIOR COURT – SEAT 15 – RICHARD ULMER
To me, this election has little to do with the candidates – Incumbent Richard Ulmer and challenger Michael Nava – and everything to do with the interference of politics in judicial decision-making.  I apply a different standard to my judicial endorsements than to political endorsements. In my view (and the view of most attorneys I know), sitting judges who are widely considered to be competent and ethical should be allowed to do their jobs without a political challenge. If a sitting judge is challenged, it requires that judge to raise money from the very attorneys and law firms who appear before him or her, which is icky.  And if judges regularly face electoral challenges they will start factoring endorsements and other political considerations into the decisions they render, with an eye toward their next campaign.  This is how the bench becomes politicized.

In this race, incumbent Judge Ulmer is an interesting candidate – he’s been a judge for less than a year, he’s a former Republican with a long history of pro bono work fighting for reforms in the juvenile detention system. He has a long list of endorsements from people whom I respect. By all accounts, he is doing a fine job. Michael Nava is a gay Latino who has been working as a research attorney for a California Supreme Court Justice, and whose campaign is based on adding diversity to the bench.  Nava has every right to run, of course, but if he wins, it could set a dangerous precedent whereby every judgeship is fair game, and the local judiciary is permanently compromised by electoral politics. I look forwardto supporting Nava when he runs for an open seat in the future. Vote for Ulmer.

PROP. AA – VEHICLE REGISTRATION FEE – YES
Proposition AA would add $10 to the existing annual fee for vehicles registered in San Francisco, and generate an estimated $5 million a year in revenues that would go toward street repairs, public transit, new bike infrastructure, pedestrian crosswalks, and transit reliability projects. These projects need money badly. I think $10/year is a fair price to pay for improving our streets and MUNI. Vote yes.

PROP. A – EARTHQUAKE RETROFIT BOND – YES
Prop A is a $46.15 million bond to support seismic upgrades for affordable housing. Hundreds of buildings will be affected – and this bond is essential to protect vulnerable San Franciscans who live in affordable housing units.  The measure would fund seismic upgrades with grants and deferred loans, which would accrue interest but would only need to be paid back if the building owner converts the building from affordable housing to some other use. Vote yes on Prop. A.

PROP. B – CITY RETIREMENT AND HEALTH PLANS – OH HELL NO
Public Defender Jeff Adachi placed this measure on the ballot to combat rising health insurance costs for the City. Prop. B requires public employees to bear the brunt of these ballooning costs, and in some cases it will cost the employee thousands of dollars.  And it’s regressive – the measure hurts the lowest-wage workers the most, because the additional payment is the same whether the employee earns $40,000 or six figures. I agree that something must be done to limit the City’s expanding health care costs, but this measure is not the answer.  Adachi placed Prop B on the ballot without consulting public employee unions, who deserve a seat at the table when major decisions like this are made.  Let’s defeat Prop B, and then bring everyone to the table to arrive at a more reasonable solution.

PROP. C – MAYOR APPEARANCES AT BOARD – YES?
This measure requires the mayor to appear monthly, in person, at a meeting of the Board of Supervisors to formally discuss policy matters. I’m torn on this one. On the one hand, I’d like to see Mayor Newsom engage in a serious and public discussion of the issues that face the City. This mayor doesn’t value transparency; he has been particularly secretive about his budget decisions and appointments. On the other hand, this measure seems petty. It is clearly aimed at one particularly petulant mayor, whose term is up in a year (or less, if he is elected to statewide office). But can we set aside personal vendettas for a minute, and ask whether we really want to require all future mayors to engage in debate with the Board once a month? I have a feeling that whoever the next mayor is, he or she will be far more personally engaging and transparent than the incumbent. But heck, why not? It will make for good political theater.  Vote yes?

PROP. D – NONCITIZEN VOTING IN SCHOOL BOARD ELECTIONS – YES
This charter amendment would establish a 4-year pilot program to allow San Francisco residents who are parents, guardians, and caregivers of children who attend school in San Francisco, to vote in local school board elections, regardless of whether these residents are U.S. citizens.  The idea is that voting in school board elections will encourage parental involvement, and educational studies show that when parents are involved in the school system, the entire school system improves. Vote yes.

PROP. E – ELECTION DAY VOTER REGISTRATION – YES
California requires voters to register at least 15 days before an election. Prop. E would allow any SF resident to simply show up at a polling place on Election Day, register to vote, and participate in a municipal election. It will increase turnout (by at least 3%-6%), expand the number of people who are eligible to vote, thereby including more citizens in the democratic process! This is a good thing! This change would primarily benefit low-turnout populations such as the young, renters and transients, those who have mobility issues, and the poor. (Note that these people also tend to vote more progressive, ahem). The Department of Elections is confident that if Prop E passes, their existing procedures can ensure against fraud.  I agree with the Bay Guardian here: “In an era of growing political apathy and cynicism, anything that draws more people into the electoral process is a good thing.” Vote yes.

PROP. F – HEALTH SERVICE BOARD ELECTIONS – NO?
I’m not sure why this one is on the ballot. Supervisor Sean Elsbernd sponsored this measure to save the City $30,000 per year (that’s nothing, really), by consolidating elections for the board that oversees the city employee health care fund. Unions are against it because they say the measure will turn board elections into more expensive and complex political contests. So I say no.

PROP. G – TRANSIT OPERATOR WAGES – YES
Muni drivers are the only City employees who don’t have to engage in collective bargaining for wages and work rules, and the City Charter guarantees them the second-highest salary level of all comparable transit systems in the nation. The Muni drivers union squandered all their good will during this year’s budget negotiations. Many of Muni’s work rules need to be changed, and if Prop G passes, it would give the City the leverage it needs to make those changes. Don’t get me wrong, I am a proud union member, and I usually oppose measures that detract from union power – see Props B & F. But here, as a government employee whose pay and benefits have been slashed in the last few years, I think it’s only fair that all City employees – including Muni drivers  – share the pain. Vote yes.

PROP. H – LOCAL ELECTED OFFICIALS ON POLITICAL PARTY COMMITTEES – NO
If I were an average voter, I’d be pretty annoyed at Mayor Newsom for wasting my time with this one. Here’s the back-story: Newsom supported a bunch of candidates for the Democratic County Central Committee (DCCC) this past June, and almost all of them lost. The progressive slate (of which I was a member) had several current and past members of the Board of Supervisors on it, with more name recognition, good will among the voters, and funding than Newsom’s candidates. And we won. Which really chapped Newsom’s hide.  So he placed Prop H on the ballot in order to bar elected officials in San Francisco from serving on the Democratic or Republican committees. Bitter much?  Even if it passes, it’s almost certainly unenforceable  — the parties get to decide their own membership rules — and it just doesn’t pass the smell test. Vote no.

PROP. I – SATURDAY VOTING – YES
As a former chair of the San Francisco Elections Commission, I get excited about measures that make it easier for people to vote (see Props D & E). Prop I proposes an experiment in opening the polls the Saturday before the next mayoral election (November 2011). Saturday voting makes way more sense than Tuesday. Congress established Tuesday voting in 1845, in order to accommodate horse-and-carriage travel times. Obviously, this is not important in modern day San Francisco. I’d like to see Election Day held at a time when most people aren’t working, allowing the voting process to be more of a community and family activity. Vote yes.

PROP. J – HOTEL TAX CLARIFICATION AND TEMPORARY INCREASE – YES
PROP. K – HOTEL TAX CLARIFICATION – NO
Props J and K are two competing measures that correct a loophole in San Francisco’s existing hotel tax. The loophole is this: If a visitor books her hotel herself, she’d pay the full tax. But if she booked it through Travelocity or some other online booking service, she avoids paying a tax on a chunk of the cost.  Also, airlines that book rooms for flight crews avoid paying hotel taxes. Both Props J & K correct these loopholes. Those changes are expected to generate at least $12 million a year. Prop. J asks visitors to pay a slightly higher tax — about $3 a night — for the next three years. The $3 increase in the hotel tax will generate about $26 million per year.  If both measures pass, whichever gets the most votes will take effect. The Chamber of Commerce and the tourism board say the $3 tax could hurt tourism — but I find this hard to believe. San Francisco desperately needs this revenue to prevent additional layoffs of city workers, and to protect vital services. Vote YES on J and NO on K.

PROP. L – SITTING OR LYING ON SIDEWALKS  – OH HELL NO
Prop L prohibits sitting and lying on the sidewalk. Have you participated in a street fair or Bay to Breakers? Then you know there is nothing inherently wrong about sitting on the sidewalk. We lawyers call measures like Prop L both “overinclusive and underinclusive.” On the one hand, it goes too far – it would prohibit certain behavior that can and should be legal – like sitting on the curb while watching a parade or waiting for a bus. On the other hand, it doesn’t go far enough – it doesn’t actually prohibit the kind of behavior that it is supposedly aimed at, which is the harassment of pedestrians by menacing kids. Moreover, the police already have all the laws they need to stop the harassment of pedestrians.  This measure is unnecessary and it delegates too much authority to the police to cite behavior that should remain legal. Vote no.

PROP. M – COMMUNITY POLICING AND FOOT PATROLS – YES
Prop. M is a great idea. It would require the chief of police to establish a citywide program to get cops out of their cars – and on foot – to deal with safety and civility issues – like, say, the harassment of pedestrians by menacing teenagers (see above).  It would also get the Police Commission involved in developing a community policing policy and encouraging citizen involvement in combating crime.  Prop. M also includes a poison pill: if the voters adopt both M and L, but M gets more votes, then the Sit/Lie Law (Prop L) will not take effect. I’m voting for Prop M because I think it’s a good idea, and also because I don’t like Prop L. Vote yes.

PROP. N – REAL PROPERTY TRANSFER TAX – YES
This measure slightly increases the tax charged by the City on the sale of property worth more than $5 million, and promises to bring in additional revenue of $36 million. Given the City’s budget woes, that’s all I need to hear. Vote yes.