Alix’s Voter Guide – California – March 2024

Hello! I’ve missed you, it’s been too long.

This is the shortest voter guide I’ve ever written. It’s a primary election, so there are lots of questions on the ballot for you: candidates for US President, US Senator, members of Congress, members of the State Legislature, a few judgeships. The most exciting races, IMO, are for US Senate to replace the late Senator Dianne Feinstein, and the East Bay Congressional seat replacing Barbara Lee, who is running for Feinstein’s seat.

Lateefah Simon, Rockstar

For Lee’s Congressional seat, I’m voting for the incredibly talented Lateefah Simon. With a compelling personal story and a plan of action, she is truly electrifying. For Feinstein’s seat, I haven’t yet decided among Barbara Lee, Katie Porter and Adam Schiff. Honestly, all three would be terrific advocates for our state – you can’t go wrong with any of them.

San Francisco and Oakland have several contentious measures and races, but – you’re on your own there. To maintain my sanity (and focus), I’m only analyzing statewide ballot measures these days, and there’s only one proposition on the March ballot in California (phew!). If you need help with other races and local measures, I highly recommend using Ballotpedia to study each race.

If you haven’t read my voter guide before, you should know that I research the hell out of ballot measures so that you don’t have to! My aim is to provide you with way more information than you ever thought you would need to make an informed decision. 

Before we begin, I should clarify that the opinions I express in this voter guide are my own and should not be attributed to any of my clients. Please send all hate mail to me at info (at) votealix.com.

In the interest of full disclosure, I’m a single mom, a liberal Democrat, a startup attorney and a government nerd, whose passions include arts and culture, getting more women elected to public office, and reversing global climate change. I’ve worked on more political campaigns than I can count, including my own, and I also like long walks on the beach.

Without further ado, I offer my thoughts on the March 2024 ballot measure.

Proposition 1 – Behavioral Health Services Program and Bond Measure – YES

Photo by Kerem Yücel for MPR News

I’ll sum this one up by saying: the homeless situation in California is horrific. Local governments have tried a lot of different tactics to get unhoused folks off the streets and into treatment if they need it. Prop 1 would enable the state to step in and throw money at the problem without any new taxes – by raising $6.38 billion in bonds to build mental health treatment facilities, and – for the first time – allow for substance use as an eligibility for these services. It would change the way counties spend their homelessness funds, and hold them accountable to the state’s goals.

Background:

Let’s go back in time to the 1950’s and 1960s, when California had numerous publicly funded mental health institutions where the seriously ill could reside and be treated indefinitely. Many of these patients had schizophrenia, or other forms of brain dysfunction that prevented them from leading normal lives. These patients weren’t always treated well – the hospitals were under-funded, patients were often neglected and physicians over-relied on medication, lobotomies and electroconvulsive therapy (yikes!). We’ve come a long way since then.

In light of these abuses, the 1960’s saw the rise of a “deinstitutionalization” movement, which, when paired with a conservative antipathy toward big government (thanks, Governor Ronald Reagan!), led to the closing of these institutions and the dumping of tens of thousands of these patients out into the streets. Since then, cities and counties have worked to fill the gap in services, but the problem continued to grow as California’s income disparity worsened. The counties with fewer resources struggled the most to keep folks off the streets and in supportive housing.

Photo by Beyondchron.org

Enter Prop 63 in 2004, titled the Mental Health Services Act (MHSA), which enacted a 1% tax on personal income above $1 million and dedicated the revenue to fund mental health services and programs at the county level. The MHSA helped local governments address mental health challenges of the unhoused, but it failed to address two big factors in homelessness: substance use disorders and lack of available housing for those being treated.

What Prop 1 Will Do:

Prop 1 would amend the MHSA to rename it to the Behavioral Health Services Act (BHSA) and expand its support to substance use treatment for those without other mental health issues. It would change how county mental health plans are required to spend the revenue from the 1% so-called “millionaire’s tax” – requiring 30% to be allocated to housing intervention programs. Most important, it authorizes the state to borrow $6.38 billion to build housing and mental health treatment facilities for the unhoused, and those with mental health and substance use challenges. Up to $4.4 billion of those bond revenues would go toward mental health care and drug or alcohol treatment facilities and $2.0 billion would go to housing for the homeless.

It’s clever in that it does not include any new taxes; it merely redirects some of the existing tax revenues toward housing and treatment of substance use disorders. It signifies a major shift in the state’s role in how homeless programs are administered, and in doing so, is ruffling a lot of feathers.

They tried to make her go to rehab, but she said no, no, no. Photo by Matt Dunham/AP

It’s important to note that when it passed in 2004, no one thought the millionaire’s tax would generate $3.5 to $4 billion per year. There are hundreds of county departments and local nonprofits that are now dependent on this revenue… that’s about to change for them if Prop 1 passes.   

Let’s talk about the bond – more than $4 billion of its proceeds will go toward building treatment facilities like crisis care centers, rehabs, outpatient services. The rest – about $2 billion – will go to supportive housing, about half of which will go toward housing veterans, who are disproportionately affected by these issues. As a reminder, a bond measure is a way for the state to borrow money. The state will pay interest on those bonds using general fund money, which is why the voters need to approve them.

Supporters of Prop 1:

Look at Newsom! He’s wearing jeans and personally cleaning up a homeless encampment. But his hair is still perfect. (Office of the Governor)

This is Governor Newsom’s baby. He’s been passionate about solving homelessness since he was Mayor of San Francisco, and he is (understandably) sensitive to the criticism that it has gotten worse on his watch. Newsom has raised more than $14m in favor of Prop 1, and he has gathered an impressive amount of allies and endorsers, including first responders, teachers, health care organizations, business groups, labor unions and Native American tribes, and the League of California Cities. When Newsom proposed Prop 1 this year, the state legislature voted nearly unanimously to place it on the ballot.

Newsom argues that the mental health system is broken, the COVID pandemic only made things worse, and the government hasn’t done enough to build housing for the poor. On KQED’s Forum, he pointed out that since the deinstitutionalization of mental health patients in the 70s and 80s, the state hasn’t been involved in solving the problem. Cities and counties have been bearing the burden of homeless and mental health crises on the streets, and they are not keeping pace with the growing population. It’s time for the state – with its ability to dedicate vastly more resources behind the effort – to step in and get more Californians into supportive housing. The state can also do better in holding counties accountable to meet performance goals.

The Prop 1 campaign argues that the new law will:

13newsnow.com
  • Provide treatment over incarceration. One in three California prisoners has a diagnosed mental illness. Prop. 1 will prioritize treatment not punishment for the mentally ill.
  • Help homeless veterans. They argue that it is shameful that over 10,000 California veterans, many suffering from PTSD, are homeless and on the streets.
  • Require strict accountability without raising taxes. These measures include mandatory audits of county departments.  
  • Improve access to care. Prop 1 is expected to fund additional professionals, reducing long wait times for mental health services.

Opponents of Prop 1:

The opposition has raised exactly $1000 and they claim to be an all-volunteer effort. This doesn’t mean their campaign is going to lose, but it will certainly be an uphill battle for them.

Their coalition includes an interesting hodgepodge of groups: folks who hate all taxes generally, some mental health and disability rights groups, County officials, and good government organizations like the League of Women Voters of California.

The mental health and disability rights groups are worried about funding being redirected from mental health treatment into building housing. Carl DeMaio, a leader of the NO on Prop 1 campaign said “At a time when we face a growing mental health crisis with homelessness, Prop 1 actually diverts existing funds from mental health treatment programs so the money can be diverted to government-financed housing projects. In doing so, Prop 1 raids and diverts funding from the very mental health treatment programs that currently serve homeless people!” These groups are also concerned that Prop 1’s focus on institutionalization could lead to worse health outcomes and infringe on individual liberties.

Good government advocates and fiscal watchdogs worry that the $6.4 billion bond would exacerbate the state’s financial issues, given California’s $68 billion deficit. They claim (and I haven’t fact-checked it) that repayment of this bond could cost taxpayers up to $12.45 billion. They are also skeptical about the state’s ability to manage the funds effectively, citing past failures with bonds for high-speed rail, water, housing, and infrastructure projects.

County officials don’t like Prop 1 because it’s going to change the way they do business, shift their budgets, and force them to be accountable to the state. The League of Women Voters is similarly concerned about the loss of local control.

Then there are the Newsom-haters, who say that Prop 1 is a craven political maneuver to address criticisms of Newsom’s handling of California’s homelessness crisis. They say it provides him with political cover without properly addressing the root causes of the issues it hopes to solve. 

And finally, some advocates claim that Prop 1 isn’t ambitious enough. Given the scale of the state’s homelessness problem, the plan to build 4,350 housing units and accommodate 6,800 people for mental health care or drug or alcohol treatment is a drop in the bucket.  

My Analysis:

On balance, I’ll support Prop 1. Here are my thoughts:

  1. Prop 1 is probably going to help the state make progress on homelessness. Given the situation on our streets, *anything* is better than what we are doing now.
  2. It is shameful that so many veterans are on the street with untreated PTSD. Prop 1 will dedicate $1 billion to get these folks into housing.  
  3. I am not the biggest fan of Governor Newsom, but he is a subject matter expert after all these years. Let’s give him one last chance to try to make a dent in this massive problem.
  4. I’m not worried about the civil liberties of profoundly disabled folks who are posing threats to themselves and others. Let’s try getting them into institutions so they can start living healthier (and safer) lives. This is not the 1960s – institutions no longer have the cloak of secrecy to shield their treatment of mental patients. I hope that the state will oversee the administration of these institutions in addition to making sure the money is well spent.
  5. Counties need to suck it up. What they have been doing ISN’T WORKING. It’s time to try something else and hold them accountable to metrics.
  6. I agree Prop 1 won’t completely solve homelessness, but it is likely to make a difference. At the very least, we’ll learn more about what works and what doesn’t.
  7. I agree with good government groups on one thing: major policy changes and budgetary shifts shouldn’t be decided by the ballot box. As you’ve heard me say before, it is absolutely ridiculous that you need a graduate degree and loads of free time to fully understand most measures on the California ballot these days. However, since this proposition amends a previous ballot measure, there is no other way to do it. Until we hold a constitutional convention and completely scrap the way California legislates, we are stuck with this method of governance. Blah.

But don’t take my word for it. Here’s what the state’s major newspapers say:

“California is short thousands of mental health beds at all levels of care, according to a 2021 study from the nonprofit think tank Rand Corp. Furthermore, even when beds are available, many facilities are unwilling or unable to accept patients with complex co-occurring conditions, criminal records and a history of violence. Other times, beds sit empty because there aren’t enough workers to staff them. As of late last year, some behavioral health nonprofits that contract with San Francisco had vacancy rates reaching 40%. Enter Proposition 1, a state ballot measure that Gov. Gavin Newsom’s administration describes as the ‘linchpin’ of its strategy to overhaul California’s behavioral health system. The status quo is not an option — and that means voting ‘yes’ for Prop. 1 on March 5.”   

“When compared with the cost of doing nothing, Proposition 1 is an important step forward in meeting California’s responsibility to the most vulnerable homeless people and those housed Californians with behavioral health problems most at risk of ending up on the street. It is a worthy addition to other state, local and private investments, and it warrants support. The Times urges voters to approve Proposition 1.”

“The state has limited resources, the current distribution of money is not getting the job done and the problem requires a statewide approach. To provide a clearer picture of federal, state and county efforts in California to address mental health issues, Prop. 1 would also require counties to report how they spend all the money from those sources. Newsom wants to try something new. Voters should give him that chance. But they should also hold him accountable to ensure that Proposition 1 delivers promised improvements.” 

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Thanks for reading! If you like what you read here, and found it to be helpful, please throw a few pennies in the jar to help cover my costs, forward this blog post to your friends and frenemies, subscribe your roommates to my blog without telling them (kidding!). This blog is a labor of love for me. I don’t accept donations or advertisements from campaigns, so I rely on my readers to support this weird little passion project of mine.

Oh and I’m warning you now – the November ballot is going to break records. 10 measures have already qualified for the ballot, with another 28 (!!!) cleared to collect signatures. In addition to those, there could be any number of measures referred by the legislature. Pray for me.

Alix’s Voter Guide – California – November 2022

Before we begin, I should tell you that the opinions I express in this voter guide are my own, and should not be attributed to my employer, my little girl, or any of the many Democratic clubs I belong to. Please send all hate mail to me at info (at) votealix.com.

So you know where I’m coming from: I’m a single mom, a liberal Democrat, an attorney and a government nerd, whose passions include arts and culture, getting more women elected to public office, and protecting our environment for future generations. I’ve worked on more political campaigns than I can count, including my own, and I also like long walks on the beach.

This ballot is surprisingly short for a Gubernatorial election, with only seven statewide measures. (I think I still have PTSD from 2016’s ballot, which clocked in at 18 measures. Writing that voter guide nearly killed me). What this ballot lacks in length, however, it makes up for in complexity – several of these measures require a graduate degree and a few hours of free time to study and understand them. That’s where I come in – I research the hell out of these measures so that you don’t have to! My aim is to provide you with way more information than you ever thought you would need to make an informed decision. 

This year I have decided not to analyze the statewide candidate races. Every race is a Republican running against a Democrat, and I shouldn’t need to tell you how to vote in those races. But I’ll make it easy for you:

Governor: Gavin Newsom (D)

Lieutenant Governor: Eleni Kounalakis (D)

Secretary of State: Shirley Weber (D)

Controller: Malia Cohen (D)

Treasurer: Fiona Ma (D)

Attorney General: Rob Bonta (D)

Insurance Commissioner: Ricardo Lara (D)

State Superintendent of Public Instruction: Tony Thurmond

Board of Equalization, District 2: Sally Lieber

Here are my thoughts on the 2022 statewide ballot measures. First a summary, followed by the more detailed analysis.

Prop 1 – State constitutional right to reproductive freedom – HELL YES

Prop 26 – Legalizes sports betting at American Indian casinos and racetracks – NO

Prop 27 – Legalizes mobile sports betting and dedicates revenue to homelessness– NO

Prop 28 – Requires funding for K-12 art and music education – YES!

Prop 29 – Yet another dialysis measure – HELL NO

Prop 30 – Tax on Income Above $2M for Electric Vehicles and Wildfire Prevention – HELL YES!

Prop 31 – Upholds the ban on flavored tobacco sales – YES!


Prop 1 – Provides a state constitutional right to reproductive freedom, including the right to an abortion – HELL YES

I’ll make this one easy for you: if you support reproductive rights, vote yes on this constitutional amendment to enshrine “an individual’s reproductive freedom in their most intimate decisions, which includes their fundamental right to choose to have an abortion and their fundamental right to choose or refuse contraceptives.” If you oppose abortion and contraceptives, you will vote no.

“But wait,” you ask, “aren’t abortion and contraception already legal in California?” The answer is yes. Prop 1 doesn’t change reproductive rights law in California, per se, because contraception and abortion are both fully legal here, with abortion being legal up to fetal viability and after viability only if an abortion is necessary to protect the life or health of the mother. These rights are protected by the privacy provision of the California Constitution, which has been repeatedly used by the California Supreme Court to strike down numerous attempts at abortion restrictions, as well as the Reproductive Privacy Act of 2002, approved by the California State Legislature and signed by then-Governor Gray Davis.

But if the recent Dobbs decision by the US Supreme Court (striking down Roe v Wade) has a lesson for us, it’s that longstanding precedent can be reversed at any time. And legislatures can change the law whenever they feel like it. This is why the proponents of Proposition 1 put this constitutional amendment on the ballot – because the constitution is much, much harder to amend, and they wanted to lock that shit down.  

Supporters include the California Democratic Party, Governor Gavin Newsom, US Senators Feinstein and Padilla, Planned Parenthood Affiliates of California, American College of Obstetricians and Gynecologists, and the California Medical Association, California Nurses Association, California Teachers Association, ACLU, and the Human Rights Campaign. 

In his endorsement, Newsom said, “California will not sit on the sidelines as unprecedented attacks on the fundamental right to choose endanger women across the country. This measure will ensure that women in our state have an inviolable right to a safe and legal abortion that is protected in our constitution.”

My cynical political mind suspects that the measure is also about pulling Democratic women out to vote in the Gubernatorial election for Newsom, whose Kennedy-esque looks and feminist spouse make him popular with liberal moms. Polls show that support for reproductive rights are strongest in the Bay Area, which also happens to be Newsom’s base. Coincidence? Perhaps. Then again, Governor Newsom’s opponent is a Republican State Senator that no one has ever heard of, so maybe he doesn’t need the extra votes? But I digress.

Opponents of Prop 1 include the Republican Party of California, which is kind of surprising to me since the state GOP can’t afford to lose more suburban moms from its base, and opposing Prop 1 will continue to marginalize the party in this state. 

Naturally, lots of Catholic organizations also oppose the measure, including the California Conference of Catholic Bishops, Democrats for Life of America, and the Knights of Columbus. In his endorsement, Roman Catholic Bishop Jaime Soto said, “The state’s political leadership continues to stubbornly cling to the practice of abortion and the throw-away culture. It is reprehensible to enshrine in the State Constitution the practice of abortion even until moments before delivery. The language of SCA 10 is overly vague, reckless and could further endanger children, especially among the poor and marginalized in our state.”  

The Republican Party also argues that the amendment’s language is too broad, and will therefore allow all abortions late into pregnancy, overriding current laws that restrict post-viability procedures. This is baseless fear-mongering; there is nothing in Prop 1 that will change the current law’s viability restrictions.

Anyhoo, Prop 1 is likely to win by an overwhelming margin, since Democrats dominate California politics, and the polls are looking good.  And you can follow the money: the committee sponsoring the campaign has raised over $9.3 million, and the opposition has raised less than $100k. A huge imbalance in campaign spending doesn’t always predict the outcome, but it is a strong indicator of a measure’s relative support.

Prop 26 – Legalizes sports betting at American Indian gaming casinos and licensed racetracks in California – NO

Prop 27 – Legalizes mobile sports betting and dedicates revenue to the California Solutions to Homelessness and Mental Health Support Account and the Tribal Economic Development Account – NO

I’m going to analyze Prop 26 and 27 together since they are intertwined.  Before I tell you what the measures would do, I’ll share a bit of the history.

If you want to gamble in California, you are pretty much limited to 84 card rooms, 33 horse racing facilities, 23,000 stores selling lottery tickets, and the 66 Native American casinos on tribal land. Sports gambling is not legal here.

Enter Draft Kings and other online sports betting companies, who are working to break into the state. Online and mobile gaming has become a multi-billion dollar business across the U.S. in recent years, particularly during the pandemic. To give you a sense of just how big these guys are… Draft Kings went public in 2020 and its valuation in 2021 was over $20 billion. The global sports betting market size was valued at $76.75 billion in 2021 and is expected to grow by 10.2% every year from 2022 to 2030.

California is a huge untapped market for these companies, so they designed a measure in California that would allow them to operate here. Prop 27 would legalize sports gambling for adults 21 and older, and would establish regulations for the mobile sports betting industry. As a sweetener, it would also impose a 10% tax on sports betting revenues and licensing fees, and allocate the revenue to an account for homelessness programs (85%) and an account for tribes that don’t operate sports betting (15%). According the state’s nonpartisan Legislative Analyst’s Office, that sweetener could generate “possibly in the hundreds of millions of dollars but likely not more than $500 million annually” in state revenue.

But allowing sport wagering in California will jeopardize the financial future of the state’s Native American tribes, whose casinos generate $23.2 billion in economic activity every year. The companies tried to cut a deal with the casino-owning tribes, but they couldn’t reach agreement. So the tribes wrote their own measure (Prop 26) that would allow sports betting and other kinds of gambling only at casinos and licensed racetracks in California, further marginalizing the online betting companies. Ha. Game on!

In addition to sports betting, Prop 26 would allow casinos to expand into roulette and dice games.  The measure defines “sports betting” as wagering on professional, college, or amateur sport and athletic events, with the exception of high school sports and events featuring a California college team. Like Prop 27, it would limit sports betting to adults 21 and over, and it would impose a 10% tax on profits derived from sports betting at racetracks (but not casinos). The revenues would be distributed to gambling prevention and mental health treatment (15%); enforcement of sports wagering laws (15%); and the rest to the state’s General Fund.

TBH, I am not a gambler or a fan of professional sports, so I’m ambivalent about whether California should allow online gambling. Should Californians be able to participate in sports wagering, as a matter of public policy? I could go either way. Do we need to spend more money on solving homelessness? Heck yeah!

Oh. Except that Prop 27 would generate no more than $500 million annually, according to the Legislative Analyst’s Office. And the state already spends three to four billion dollars on homelessness every year – will another half a billion solve the problem? I’m not convinced.

I was surprised to learn that Major League Baseball supports Prop 27. They say,As legalized sports betting continues to expand across the country, Major League Baseball remains committed to protecting the integrity of its games and creating a safe experience for fans who wish to wager on those games. Proposition 27… includes strong integrity provisions designed to help MLB carry out those commitments.” I think they are saying, much like illegal drug use, sports betting is happening anyway, so let’s get it out in the open and tax the hell out of it.

Opponents of Prop 27 include the California Teachers Association, a smattering of Democratic and Republican elected officials, the League of California Cities, and both the Democratic and Republican Parties of California, who never agree on anything. They cite the need to protect tribal sovereignty, as well as the fear that legalizing sports wagering would send 90% of profits from sports gambling out-of-state or even out of country.

And of course, there’s the argument that unprecedented access to sports wagering would lead to more problem gambling, addiction and crime. The San Jose Mercury News opposes Prop 27 and argues that “turning every cell phone into a 24/7, portable casino” would increase the rate of gambling addiction across the state, just as it has in New Jersey, Pennsylvania and Connecticut after each of those states legalized sports wagers.

Gambling addiction, they say, leads to financial ruin, broken families, increased crime, mental health issues and homelessness. That’s right, homelessness.

For me, it really comes down to what Prop 27 will do to the existing Indian casinos. Native Americans remain the most impoverished and underprivileged minority community in the nation, and I’m sure I don’t need to tell you why. (But I will anyway…) Early white Americans forced them onto land that they couldn’t mine or farm, and left them with nothing after obliterating their communities by way of violence and disease. (But how do you really feel, Alix?). The 19th century federal government acknowledged their tribal sovereignty, which later enabled some tribes to establish gaming casinos to support their communities. But the casinos have had inconsistent results: while some tribes (near urban areas) are doing relatively well, rural casinos don’t generate as much revenue. Here’s a good history of tribal casinos if you’re interested. 

Anyhoo, U.S. census data consistently indicate that the legalization of Indian gaming has not improved the lot of the indigenous population in the aggregate, and many tribes continue to languish in poverty. Allowing sports betting to become legal in California would certainly undercut the casino-owning tribes’ self-sufficiency, and threaten the billions of dollars in economic activity that tribal casinos generate every year, along with a few hundred thousand California jobs.

Both the yes on 26 and 27 campaigns have been accused of spreading misinformation. For example, check out the Yes on 27 campaign website – the header is “Yes on Prop 27 – Homelessness Funding Backed by California Tribes.”  It says almost nothing about sports betting, which I find incredibly disingenuous and deceptive. They also tout the support they have from the non-casino-owning tribes who stand to benefit from their measure, without mentioning that tribes have raised tens of millions in opposition.

It is intentionally confusing. Yuck.

You may also find it interesting that Prop 27 never gained widespread support among the folks you’d think would be thrilled to have a new half billion dollars a year to play with: California’s homeless service providers and low-income housing builders.

As for Prop 26, the supporters include a few law enforcement organizations and racetrack owners in addition to the casino-owning tribes. The supporters’ main argument is that Californians should have the choice to participate in sports wagering at highly regulated, safe and experienced gaming locations. Prop 26 helps make Indian casinos more profitable, which in turn supports the tribes’ independence.

The No on Prop 26 campaign includes the Republican Party, the California Animal Welfare Association (which presumably doesn’t support making racetracks more profitable), in addition to the online sports betting companies. They argue that Prop 26 will expand the tribal casinos’ “tax-free monopoly on gaming” and “rewards those operators for prioritizing their own wealth over public health and safety.” Oh, boo hoo. The tribes are being selfish instead of sharing the bounty of gambling in California with multi-billion-dollar corporations. Poor Draft Kings! Someone call them a Wambulance.

Given how much money is at stake in these two measures, it won’t surprise you to learn it is the most expensive campaign in California history. As of September 24, the pro-27 campaign had raised over $169.2 million. Its top three donors include BetMGM LLC, Betfair Interactive US LLC (FanDuel Sportsbook), and Crown Gaming, Inc. (DraftKings).  The No on 27 campaign has raised $214.6 million. The top three donors include the San Manuel Band of Mission Indians, the Pechanga Band of Luiseno Indians, and the Yocha Dehe Wintun Nation.  The Yes on 26 campaign is supported by several American Indian tribes, and has raised more than $73.08 million. The online gambling companies have raised more than $42 million to oppose the measure. 

All of the newspapers oppose both measures: LA Times, SF Chronicle, San Jose Mercury News, Sacramento Bee, and I agree. Vote no.

Prop 28 – Requires funding for K-12 art and music education – YES!

Prop 28 is very simple – it secures funding for arts and music education in California schools, without raising taxes.

In 1998, California voters approved Prop 98, which required at a minimum, roughly 40% of California’s budget to go to schools and community colleges each year.  Prop 28 would mandate that at least 1% of the total Prop 98 funds be spent on arts and music education. It also makes sure that more funding is allocated to schools with a high percentage of students from low-income households, rather than wealthy schools. Finally, it requires schools with 500 or more students to spend 80% of the money on employing teachers, with 20% going to training and materials. The nonpartisan Legislative Analyst’s Office puts the number at around $1 billion annually! That’s a lot of arts teachers.

I won’t waste much of your time on Prop 28, because there is no organized opposition and Prop 28 is likely to pass. Proponents have raised more than $9.3 million in support of the campaign, and endorsers include former U.S. Secretary of Education Arne Duncan, the California Teachers Association, lots of elected school board members across the state.

Numerous celebrities and musicians back the measure, including Dr. Dre, Goldie Hawn, Jason Momoa, Katy Perry, Lenny Kravitz, Will.I.Am, John Lithgow, Christina Aguilera, Issa Rae, and even Weird Al Yankovich.

Even though there isn’t organized opposition, there is at least one good government argument against Prop 28, which is that budgeting by the ballot box is a bad idea. While arts and music education is an extremely noble cause, I generally don’t like it when voters are asked to earmark specific programs. Once a measure is approved by the voters, it is extremely hard to change or repeal. Prop 28 will be forever tying the hands of the legislature, of the Governor, and of the very schools this measure is intended to help. Measures like Prop 28 are all well and good in a year like 2022 when there is a budget surplus, and we have an extra BILLION dollars to throw around, but the next time the economy takes a downturn, Prop 98 funds are going to be much tighter and will force the schools to make some hard decisions.  

As the San Jose Mercury News noted, “It’s fiscally reckless to keep earmarking unpredictable state general fund money when we don’t know what the future needs of California will be as it confronts, for example, a housing shortage, climate change, inadequate water supplies and wildfires.”

I am a mom and an arts enthusiast, so on balance I will support this one. Experts agree that arts education is not a luxury – it’s critical to the health of civil society, as expressed by increased civic engagement, greater social tolerance, and reductions in criminal behavior. One study in Boston showed that students and parents were more engaged in schools where art and music were a part of the curriculum — which led to lower truancy, and better test scores in some instances.

Unless you have a kid in public school, you may be surprised to learn that only 1-in-5 California schools have a full-time art or music program, according to Prop. 28 proponents. So this measure is sorely needed, particularly in schools that don’t have multi-million dollar PTA fundraisers. Rampant learning loss due to the pandemic, and the flight of students from the public school system continue to challenge our education system. Juicing up the arts and music programs in schools could get some kids and parents more engaged in schools again, and that is a good thing.

I am voting yes.

Prop 29 – Enacts staffing requirements, reporting requirements, ownership disclosure, and closing requirements for chronic dialysis clinics – HELL NO

OMG, seriously?? Prop 29 makes me mad because it is such a waste of your time. It is indeed the third time in six years that California voters have been asked to weigh in on whether dialysis clinics should be subjected to new requirements, because the union trying to organize those clinics can’t get the clinic owners to bargain with them. Voters have overwhelmingly rejected the dialysis measures in the past (See Prop 8 in 2018, which lost by 20% of the vote, and Prop 23 in 2020, which lost by a whopping 27%).

Prop 29 would require dialysis clinics to:

  • Have at least one licensed physician, nurse practitioner, or physician assistant to be on site during treatment;
  • Report dialysis-related infection data to state and federal governments;
  • Not close or reduce services without approval from the state; and
  • Not discriminate against patients based on the source of payment for care.

The only difference between this year’s measure and 2020’s Prop 23 is a change in the staffing requirement. Prop 23 would have required all clinics to keep a physician on-site during treatment hours. Prop 29 is the same, only the new measure would require either a physician, physician assistant or nurse practitioner with at least six months of experience providing care to kidney patients to be available on-site. If clinics can’t find the personnel, they can request an exemption to provide this service through telehealth.

Note that dialysis facilities are already required to employ a physician medical director and keep a registered nurse on site.Prop 29 would require that the physician, PA or RN be on site during every treatment, around the clock. California’s nonpartisan Legislative Analyst’s Office found that this measure would “increase each clinic’s costs by several hundred thousand dollars annually on average.” You don’t need to be a financial whiz to know that this could force clinics to close, particularly in rural regions, putting patients at risk.

Here is what I wrote in 2020:

I can’t believe it, ANOTHER KIDNEY DIALYSIS BALLOT MEASURE?! You may remember Prop 8 from 2018, which asked voters to limit the profits of kidney dialysis clinics. I went “no” on that one because I didn’t think it was the kind of law that should be decided by the voters. And it was clearly a revenge play by SEIU-UHW West, the labor union that was in a fight with the state’s two largest dialysis businesses DaVita and Fresenius Medical Care. I feel that same way about Prop 23.

Here we are again. Same story, different day. …

SEIU-West has been trying to organize the kidney dialysis clinics for years, and they claim that the big greedy dialysis clinic owners aren’t doing right by their patients or staff and they want better staff-to-patient ratios. The union put Prop 23 on the ballot because they tried getting a law passed in the legislature, but they couldn’t get the votes.

As to the doctor requirement, they argue that dialysis is a dangerous procedure, and if something goes wrong, a doctor or highly trained nurse should be nearby. As for the reporting requirement, they say that they want problems to be identified and solved to protect patients, implying that the clinics aren’t meeting patient needs. Finally, they say that the clinics are critical to patient survival so they shouldn’t be allowed to close or reduce their services, even if this measure makes their costs go up.

…[Opponents] argue that Prop 23 jeopardizes access to care by imposing unnecessary bureaucratic mandates, making it harder for the clinics to do their jobs well. They worry that Prop 23 would increase state healthcare costs by an estimated $320 million annually, and force some clinics to close, pushing patients into emergency rooms for treatment.

For the on-site physician requirement, [opponents] argue that every dialysis patient is already under the care of their personal kidney physician and dialysis treatments are administered by specially trained and experienced dialysis nurses and technicians. Prop 23 would make the state’s physician shortage worse by taking physicians away from other hospitals and clinics where they are more needed.

Prop 23’s restrictions on clinics are a bit triggering for me. For most of my career, I’ve been closely watching all the restrictions religious conservatives have succeeded in placing on abortion clinics around the country, and the rules proposed in Prop 23 are eerily familiar. The abortion clinic rules have never been about quality of care, they have always been about making it harder for the clinics to keep their doors open. I suspect the same is true here. Why else would a non-healthcare related labor union put a measure on the ballot with healthcare-related implications? Seems very fishy. ESPECIALLY since the healthcare advocacy organizations (see: California Nurses Association, California Medical Association) oppose the bill.

I’ll conclude by quoting my 2018 analysis of Prop 8, because the same reasoning applies here:

“As you knowa ballot measure can only be amended or repealed by another ballot measure, and that’s no way to govern a state. Super detailed, highly technical laws should NEVER be passed by ballot measure because they usually need adjusting over time, and that can’t happen if they are approved by voters. Moreover, if this measure passes, and dialysis clinics start going out of business, it jeopardizes access to care for patients in California who need dialysis treatments to stay alive.  SEIU should make its case in court, or with the legislature, or the National Labor Relations Board, anywhere but the ballot box.”

It’s notable that many public health and patient advocates oppose Prop 29, including California Nurses Association, California Medical Association, Minority Health Institute, Renal Healthcare Association, Chronic Disease Coalition, and many others. Likewise, all the newspapers have come down against it, including the SF Chronicle, LA Times, Sacramento Bee, Santa Cruz Sentinel, and San Jose Mercury News.

Over 80,000 Californians receive dialysis for kidney diseases. For these patients, missing even one dialysis appointment can be life-threatening. This cynical effort by SEIU to bring the clinics to the bargaining table is playing a dangerous game with these patients’ lives. I am a strong NO on this one.

Prop 30 – Tax on Income Above $2 Million for Zero-Emissions Vehicles and Wildfire Prevention Initiative – HELL YES! – I have posted my analysis separately here  

Prop 31 – Upholds the ban on flavored tobacco sales – YES!

In August 2020, Governor Newsom signed into law a ban on the sale of flavored tobacco products. Senate Bill (SB) 793 bans menthol cigarettes, flavored e-cigarette products, and flavored oral tobacco products. Retailers can be fined $250 for each illegal sale, and exceptions were made for hookah, premium cigars, and pipe tobacco.

Even though it was signed two years ago, SB 793 has never gone into effect. The big tobacco companies bought themselves some time by filing Prop 31, which delayed the enforcement of the law until after the voters could weigh in. A YES vote on Prop 31 would approve of SB 793’s ban on flavored tobacco, and a NO vote would overturn the law.

If Prop 31 passes, California would become the second state in the U.S. to enact such a ban after Massachusetts. A number of cities, including Los Angeles and San Diego, have already enacted their own bans.

When you’re deciding how to vote on a measure, sometimes all you need to do is look at who is lined up on both sides. In the case of Prop 31, supporters include liberal politicians and advocates for children and public health: California Gov. Gavin Newsom, Democratic Party, Campaign for Tobacco-Free Kids, American Cancer Society Action Network, Kaiser Foundation Health Plan, American Heart Association, the American Lung Association, and the California Teachers’ Association.

Opponents include big tobacco companies (R.J. Reynolds Tobacco Co. and Philip Morris USA), small business advocates who worry about the loss of revenue from cigarette sales, and the folks who hate taxes and regulation, including the Howard Jarvis Taxpayers Association, and the Republican Party of California. Which side do your values align with?

Supporters of Prop 31 argue that flavored tobacco products are intended to hook kids on tobacco, and they are especially dangerous amid the COVID pandemic when youth deaths spiked from respiratory complications.  They acknowledge it’s already illegal to sell tobacco products to anyone under 21, but they say flavored cigarettes and vaping cartridges are still too easy for teens to obtain.

They note that menthol cigarettes disproportionately impact minority communities, observing that around 85 percent of Black smokers use a menthol cigarette, with the tobacco industry gearing its marketing of menthol cigarettes toward Black Americans. They also allege that menthol acts as a cooling agent, masking the harsh taste of tobacco, which allows new smokers to become hooked more easily.

The tobacco industry has fired back, defending the right of Black and Latinx consumers to smoke menthols. “It’s unfair for communities of color. Bad law. Bad consequences,” said one ad paid for by R.J. Reynolds.  But the ads drew a backlash from some Black leaders. Then-Assemblywoman Shirley Weber, chair of the California Legislative Black Caucus, said it was offensive for the tobacco industry to “make us believe that mentholated cigarettes are part of African American culture, and that this is a discriminatory piece of legislation against Black people.”

The tobacco giants also argue that the increase in the tobacco age to 21 in 2020 has already reduced youth access to tobacco products. While the desire to protect youth may be well-intentioned, opponents say that California is becoming a nanny state, and adults should have the right to choose whether to use these products just like with alcohol and marijuana.

Howard Jarvis and the California Republican Party wants to repeal SB 793 because they say it would cause a giant loss in tax revenue. (This is a strange argument coming from the guys who normally oppose all taxes. But these taxes are OK, I guess? Mmm hmm.)

And they are right about the loss of revenue – sorta. The independent Legislative Analyst’s Office (LAO) estimates a ban could cost the state tens of millions of dollars to around $100 million annually in tax revenue. However, the LAO continues, if a substantial number of smokers quit because of the ban, it could mean some savings to the state’s health care system. And yet, the LAO further adds, if these smokers quit and live longer, it could increase the government’s health care costs. “Given the possibility of both savings and costs, the resulting long-term net impact on government health care costs is uncertain,” the LAO concludes.

Opponents also argue that a ban on flavored e-cigarettes is problematic from a health care standpoint because e-cigarettes are safer than combustible cigarettes. And yet, the claim that vaping is a healthy alternative to smoking isn’t supported by any legitimate medical authority. In fact, there is a growing body of evidence to the contrary

According to the Chronicle, tobacco use still kills 40,000 people each year in California and costs the state nearly $10 billion in health care. And the evidence about teens using menthol cigarettes and other flavored tobacco products is undeniable – 1 in 8 California high school students was a tobacco user as of 2019,  86.4% of whom used flavored products.

It is worth noting that Canada banned menthol cigarettes several years ago without any controversy. One study predicted, based on Canada’s experience, that if the U.S. were to ban menthols it would help over 1.3 million people quit smoking.

What pisses me off is the tobacco industry’s cynical manipulation of the political system to buy themselves some time.  By delaying the implementation of SB 793, and spending $20 million to get Prop 31 on the ballot, they will make an estimated $830 million in revenue from menthol cigarette sales alone since the start of 2021. So, regardless of whether they win or lose Prop 31, they have already won. Let’s hand them a clear message that they are on the wrong side of history. Vote no.

Thanks for reading! If you found this voter guide useful, please throw a few pennies in the jar to help me cover my costs. And please forward this link to your friends and frenemies, or post it on social media. Thank you!

Alix’s Voter Guide – California Ballot, June 2018

Hello! Long time no talk. It’s been 19 months since the last election and it was nice to get some time off from campaign life.

There are some exciting decisions to be made in the upcoming election here in California. All of the statewide officers are up – Governor, Lt. Governor, Attorney General, all the way down to the Board of Equalization. Senator Dianne Feinstein and every member of Congress and the state Assembly are up for election. Remember: this is a “Top Two” open primary, meaning all of the Republicans and Democrats appear on your ballot in June, and then the first and second place finishers – regardless of party – will move on to the November General Election.

Everyone in my world is predicting that 2018 is going to be another Year of the Woman: unprecedented numbers of women are running for office this year, and it’s about time. In the first election following Trump’s inauguration, the #metoo movement, and the women’s marches, I’d like to see some progress in making our government look more like America. Luckily, there are some great female candidates on the June ballot.

Before we begin, I should clarify that the opinions I express in this voter guide are my own, and should not be attributed to my employer, my baby girl, or any of the many Democratic clubs I belong to. Please send all hate mail to me at info (at) votealix.com.

In the interest of full disclosure, I’m a liberal Democrat attorney and a government nerd, whose passions include arts and culture, getting more women elected to public office, and protecting our environment for future generations. I’ve worked on more political campaigns than I can count, including my own, and I also like long walks on the beach.

My guide to the 2018 San Francisco candidates and measures is here.
My printable one-pager with my ballot recommendations is here. Take a screen shot and take it with you to the polls!

With that said, let’s dig in.

Governor – Newsom, Eastin, or Chiang
Lieutenant Governor – Kounalakis
Secretary of State – Padilla
Controller – Yee
Treasurer – Ma
Attorney General – Becerra
Insurance Commissioner  – Lara
Member, State Board of Equalization (Dist. 2) – Cohen
U.S. Senator – Feinstein
State Superintendent of Public Instruction – Thurmond
Statewide Proposition 68 – Yes
Statewide Proposition 69 – Yes
Statewide Proposition 70 – No
Statewide Proposition 71 – Yes
Statewide Proposition 72- YES!!
Regional Measure 3 – Yes

Governor – Newsom, Eastin, or Chiang

Lieutenant Governor Gavin Newsom has a solid lead in this race, and so the June election is really just about seeing who will make it into the top two to face Newsom in the November election.

The other Democrats include Antonio Villaraigosa, a former mayor of Los Angeles; John Chiang, the state treasurer; and Delaine Eastin, the former superintendent of public education. The two main Republican candidates are John Cox, a business executive endorsed by President Trump, and Travis Allen, a State Assembly member who has stayed in the race despite having been found to have sexually harassed a staffer. Ugh.  If you’re reading this voter guide, I can assume you won’t vote for a Trump supporter or a sexual harasser, so I won’t even bother analyzing Cox and Allen for you.

The Dems aren’t that far apart from each other on issues like the environment, education, universal preschool, housing and homelessness. They all (except for Villaraigosa) support universal health care and agree that high speed rail is a good idea, but are wary about how the state is going to pay for both of these very expensive initiatives.

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Delaine Eastin

Newsom has more experience, vision and charisma than the other candidates. As Lt. Governor, he has had a front row seat to the workings of the Capitol, and having served as SF Mayor, he is sympathetic to the plight of big cities, particularly on homelessness and housing issues. I had some problems with his work as Mayor (see: ending Halloween in the Castro), and I think his flip-flop on California’s high speed rail project is problematic. And he’s going to make it into the top two anyway, so let’s look at his opponents.

Having met John Chiang (pronounced “Chung”) on a number of occasions, I can tell you he is genuine, hard working, and wonky.  I really like him. He doesn’t have the star power of a Newsom or Villaraigosa, and that’s probably why his campaign isn’t attracting the high level donors and endorsers. Which is too bad, I think he’d make a great governor.

Villaraigosa has been focused on winning the Central Valley vote, visiting the region more times than the other candidates combined. I haven’t been hearing much about his campaign, but that’s because I live in SF, and it seems that Villaraigosa has conceded my vote to Newsom.

Delaine Eastin is the only female candidate in the race, and she is also smart and has some good ideas for California, but the last time she held elective office was 15 years ago, and voters probably don’t remember anything about her. All things being equal, I’ll vote for the qualified woman in the race, since only 6 states in the US have female governors, and um, it’s 2018.

Lieutenant Governor – Kounalakis

The main job of the lieutenant governor is being ready to serve as Governor should something terrible happen to him (yes, it has always been a him).  There are a few substantive roles the Lt. Gov. plays, though, such as UC Regent, Trustee for the California State University system, State Lands Commissioner and chair of the California Commission for Economic Development. Whoever holds the seat can also use the position as a bully pulpit, taking on whatever issues matter to them. It’s a pretty sweet gig, actually.Screen Shot 2018-05-31 at 9.57.55 PM

In this year’s election there are three viable Democratic candidates for the job, and you really can’t lose with whichever one you pick. Eleni Kounalakis was US Ambassador to Hungary, and while she has never held elected office, she has been a Democratic activist for many years, and she has amassed a pile of endorsements from people and organizations I personally care about (Senator Kamala Harris, women’s groups, etc.). She plans on using the Lt Governor’s office to draw attention to the equal pay and equal treatment of women in the workplace. Huzzah!

Jeff Bleich, the former US Ambassador to Australia, is also in the mix, with the endorsement of the Chronicle, Congresswoman Jackie Speier and a few others. Dr. Ed Hernandez is the only candidate who has electoral experience, having served in the State Assembly and the State Senate, and he has the endorsements of labor and many organizations.  Since I’d like to see more women in public office, and Kounalakis seems capable, I’m with her.

Secretary of State – Padilla

Incumbent Alex Padilla is endorsed by everybody and is running virtually unopposed. He cleared the field because he has done a good job of modernizing the Secretary of State’s office, increasing voter registration and protecting voter rights.

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Controller – Yee

Incumbent Betty Yee is endorsed by everybody and is running virtually unopposed. She stuck her neck out for the state’s cannabis industry, long before it became legal for recreational purposes, and she has always been a fierce advocate for women’s rights and undocumented Californians. Vote for Betty.

Treasurer – Ma

Screen Shot 2018-05-31 at 10.03.32 PMFiona Ma is a CPA, a former member and chair of the state Board of Equalization, and she has the endorsement of everybody, including the California Democratic Party. She is supporting a bill to create a banking system for cannabis, which would allow the state to collect millions of dollars in additional tax revenue. Her work in rooting out nepotism and questionable accounting practices at the Board of Equalization has received widespread praise. Her main opponent is Vivek Viswanathan, who has never held public office, and he can’t seem to scrape many endorsements together.

Attorney General – Becerra

Two Democrats are the front runners in this race: Incumbent Xavier Becerra and outgoing Insurance Commissioner Dave Jones. Becerra was appointed Attorney General by Governor Brown to replace Kamala Harris when she was elected Senator. Dave Jones, who currently serves as Insurance Commissioner, is running a strong campaign against Becerra. And while the two Republican candidates are long shots, if Jones and Becerra split the Democratic vote, it’s possible that a Republican could make it into the top two if they unify the party.

Attorney General Becerra has made headlines for himself by suing the Trump administration on several fronts, most notably immigration. Jones is equally as aggressive, having served as a fierce consumer advocate as Insurance Commissioner. Both men have distinguished records, and share similar positions on the issues that matter to Democrats in California.

Jones is very smart and I’ve been impressed with his dedication to public service. After graduating with a law degree and a degree in public policy from Harvard, he worked at legal aid for years, and then three years in the Clinton Justice Department. Although… he is a white dude, and we don’t need any more of those in office. (Sorry white dudes, you’ve had your turn).

Insurance Commissioner  – Lara

One year ago, I wrote a column in the Examiner about what it would take to get single payer health care in California. The bill I wrote about – S.B. 562 – would have helped bring universal health care to our state, and its author, Senator Ricardo Lara, is now running for state Insurance Commissioner to stand up to insurance companies and continue his work on developing a single payer system. Which I think is WAY overdue (although it’s going to be very expensive).

Lara’s main opponent, businessman Steve Poizner, is a former Republican, now running as an independent. He previously served as Insurance Commissioner in 2006, and says he will concentrate on prosecuting insurance fraud (read: defending insurance companies against the little guy) and improving coverage for natural disasters. Poizner opposes universal health care.

Member, State Board of Equalization (Dist. 2) – Cohen

California’s Board of Equalization (BOE) is the only elected tax board in the country. The BOE oversees property taxation collected locally by county tax collectors, and sets “fair market value” of public utility property including buildings, land, structures, improvements, fixtures, and personal property.

Screen Shot 2016-05-19 at 9.28.15 AMThis race is between two women: Supervisor Malia Cohen from San Francisco, and State Senator Cathleen Galgiani from Stockton.  Senator Galgiani chairs the Senate Agriculture Committee, and she is a moderate Central Valley Democrat. She comes from an agricultural region, and her perspective and her campaign promises are pro-farming and pro-business.

Malia Cohen is a progressive Democrat from the big city, she has a track record of taking on the special interests and big corporations (see: Big Soda and Big Tobacco). I know Malia personally, and I can tell you that she is smart, and she has integrity and a fearlessness that I admire. The Board of Equalization has faced serious allegations of misconduct, including misallocation of tax payers dollars, widespread nepotism, and questionable spending. Malia has the tenacity to root out the causes of these problems, and she will hold people accountable for them.

U.S. Senator – Feinstein

Many of Dianne Feinstein’s critics think that she is too stodgy and bipartisan. In August 2017 she called for patience with Trump saying that “he could be a good president.” (Gah!) After those comments, the backlash she felt was fierce, and it inspired State Senator Kevin DeLeon to file to run against her. DeLeon was hoping Senator Feinstein would retire or be weakened by the resurgence of progressive activists in the form of the Resistance movement.Screen Shot 2018-05-31 at 10.06.28 PM

DeLeon’s candidacy clearly lit a fire under her because Feinstein has since become a vocal critic of the Trump administration’s policies. She is also a strong supporter of gun control laws and has introduced legislation to ban bump stocks. I think she is worth keeping around,  because she has a deep knowledge of the judiciary and international relations, and has seniority on key committees. But kudos to DeLeon for pulling Feinstein to the left and reminding her that California is, and must remain, at the front lines of the Resistance.

State Superintendent of Public Instruction – Thurmond

This race is between Assemblymember Tony Thurmond from the East Bay, and Marshall Tuck, a former charter school executive from Los Angeles.

Tuck is a former investment banker and a charter school advocate, and he ran against incumbent Tom Torlakson in 2014. As I said back then, I think charter schools threaten to drain the public school system of its high achieving students, leaving underperforming students in the dust. (See this great article by Paul Buchheit on the subject).

Thurmond is the real deal. He has served as a social worker helping foster kids, truants and the developmentally disabled. Unlike Tuck, he has held government positions for many years, on the school board and the city council in Richmond. As an elected member of the state Assembly, he has made improving public education his top priority. This experience will help him pull the levers of government to support the public schools, and get them the funding that they so desperately need.

Statewide Proposition 68 – Yes

This measure would authorize $4 billion in general obligation bonds for state and local parks, environmental protection projects, water infrastructure projects, and flood protection projects. For perspective, keep in mind that the state’s overall budget was $190.3 billion this year.

Given how hard climate change is already hitting our state (See: wildfires, floods, longer droughts, shrinking snowpack), this measure is critically important. Every single environmental organization in California supports it, as well as every major newspaper, and a few powerful Chambers of Commerce. The only serious opposition is from people who hate taxes generally. Vote yes.

Statewide Proposition 69 – Yes

Prop 69 is a Constitutional amendment requiring that all tax revenues from the Road Repair and Accountability Act of 2017, enacted by the legislature last year, be dedicated for transportation-related purposes. This is a SUUUPER technical measure having to do with state budgeting, and the “Gann limit” of 1978, which determines how state and local budgets are calculated. You can dig into the details here, or you can just vote yes to make sure that the gas taxes you pay will not be diverted by future legislatures into other non-transportation related funds. Also, it has no formal opposition. 

Statewide Proposition 70 – No

Ballot measures like this make me so mad. They require a graduate degree to understand them, and they illustrate how broken our ballot measure system is. Prop 70 is a Constitutional amendment that would require a two-thirds vote in each chamber of the California State Legislature to use revenue from the State Air Resources Board’s auctioning or sale of greenhouse gas emissions allowances under the state’s cap-and-trade program, which vote would need to take place sometime in 2024 or later. Requiring a 2/3 majority in the state Legislature simply gives Republicans the power to decide how cap-and-trade funds are allocated.

Not sure why this is on the ballot now, except that Jerry Brown promised to put it on there and he’s about to retire. He is one of the very few supporters of the measure, and all of the environmental organizations have lined up against it. Vote no.

Statewide Proposition 71 – Yes

Today, when a ballot measure is approved by the voters in California, it goes into effect the day after the election. That’s nuts, because the Secretary of State doesn’t even certify that the election results are valid until a month after the election takes place. In very close elections, a ballot measure could go into effect before all the ballots are counted! A yes vote on Prop 70 will correct this problem, moving the effective date of ballot propositions from the day after election day to the fifth day after the election results are certified. This one is easy. There is no formal opposition.

Statewide Proposition 72- YES!!

Screen Shot 2018-05-31 at 10.09.58 PMCalifornia is facing some very serious water shortages in its future, and capturing rainwater is one way homeowners are going to start solving the problem. Prop 72 is a Constitutional amendment that will make it easier for Californians to install rainwater capture systems by eliminating a tax penalty for their installation. (Or rather, by enabling the state legislature to exempt them from taxes, same same). All of the major newspapers support Prop 72, as well as the Democratic Party and many major environmental organizations. There is no formal opposition.

Regional Measure 3 – Yes

Eek. Living in the Bay Area is expensive enough. Raising the Bay Bridge and Richmond Bridge tolls by $3 (over six years) will be painful for most commuters. However, this money will go toward a very good cause – funding the Bay Area Traffic Relief Plan, including a $4.5 billion slate of transportation projects. And if it gets more people off the bridges and onto public transit, that will be a very good outcome. I say vote yes.

 

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Big Ol’ Voter Guide for California – November 2014

This ballot is a long one, but I have great news. You’ve already voted for a lot of these same people once this year (WHAA? Yes). Let’s review, shall we?

California has adopted the “top two” open primary system of electing our state officers and legislators, which means that: (1) in the June election, voters chose among candidates of all parties, not just the party they are registered in; and (2) the top two candidates, regardless of party, advanced to the general election in November. So if you’re like me, you’re voting in November for all the same people you voted for in June in the State Assembly and statewide officer races. (Surprise! They are all Democrats.) You can find them all in my June voter guide. But not to worry, I’ve included my explanations here too.

There is also some REALLLLLY interesting and important stuff in the propositions. So pay attention.

This is my guide for the statewide candidates and ballot measures in the November 2014 election. The guide specific to San Francisco is posted here.

Without further ado, I submit to you my Big Ol’ Voter Guide. This time, I put my recommendations in order of how each race or measure appears on the ballot. In the interest of full disclosure, I’m a progressive attorney with a background in real estate and land use, whose passions include protecting and promoting San Francisco’s nightlife and culture, getting more women elected to public office, and bringing more public art to cities around the world. I’m a Vice Chair of the San Francisco Democratic Party, and I also like long walks on the beach.

Click here for more information on your voter registration and what your ballot looks like.

California Statewide Offices

Jerry Brown for Governor
Gavin Newsom for Lieutenant Governor
Alex Padilla for Secretary of State
Betty Yee for Controller
John Chiang for Treasurer
Kamala Harris for Attorney General
Dave Jones for Insurance Commissioner
Fiona Ma for Board of Equalization, District 2

Judiciary
Approve all of the Supreme Court Justices and Justices of the Court of Appeal

Superintendent of Public Instruction
Tom Torlakson

State Measures
Yes on Prop 1, Water Bonds
Yes on Prop 2, Rainy Day Fund
Yes on Prop 45, Health Insurance Rate Regulation
NO NO NO on Prop 46, Random Drug Testing of All Doctors, Increasing Malpractice Damages Cap
YES YES YES on Prop 47, Misdemeanor Offense Classification
Yes on Prop 48, Off-Reservation Indian Gaming Compacts

CALIFORNIA STATEWIDE OFFICES

Linda Ronstadt’s ex-boyfriend

Governor: Jerry Brown

Remember when Jerry Brown ran for Governor four years ago, when the economy was in the tank and nobody else wanted the job? Think about how far we’ve come. Governor Brown can’t take ALL the credit for the vastly improved economy, but he can take credit for having turned around some of the state’s structural budget deficits. Today he has a 60% approval rating, and during his term, California went from a $25 billion budget deficit to a $4.2 billion projected budget surplus, in no small part due to the tax measure that Brown pushed for in 2012.

His opponent Neel Kashkari is a Republican former banker with marginal support. He is running a very strange campaign, in that he’s trying to win over voters who oppose Brown from both the left AND the right. He is arguing that Brown hasn’t done enough for the poor, for schools, or for jobs. But these arguments ring hollow to me, given the numbers I cited above. Brown is doing a fine job, let’s keep him.

Lieutenant Governor: Gavin Newsom

Newsom’s hair looks exactly the same in every single picture taken of him ever.

I kind of feel bad for Gavin Newsom. The Lieutenant Governor doesn’t have much to do other than fill in when the Governor is absent or incapacitated. He sits on the State Lands Commission and the UC Board of Regents, and these can be powerful places to be – but very boring places for someone like Newsom, who likes to be the star of the show. But Newsom has been able to use his office to draw attention to important issues like drug policy reform. He has called for ending the war on drugs, calling it “nothing more than a war on communities of color and on the poor.” (Tell it, brother!). I’m happy to support him again.

His opponent is political consultant (and former chair of the California Republican Party) Ron Nehring from San Diego. Field Polls have Newsom ahead by a landslide, and Newsom has ten times the amount of money in the bank, so this campaign is all but over. I was listening to Nehring on KQED radio the other day, and his campaign motto seems to be, glumly, “Everyone deserves to have an opponent.” Aw. Sad.

Secretary of State: Alex Padilla

padilla

You wouldn’t guess this charming fellow is an MIT-trained nerd.

Senator Alex Padilla is a Democrat. His opponent Pete Peterson is a Republican. Is that enough for me? Yeah probably. But in case you’re interested, here’s more detail.

Peterson, an academic at Pepperdine University, has some interesting ideas. He has suggested that politicians’ salaries be based on the number of campaign promises they are able to keep. (Ha! Yeah. Right.) He has proposed a ban on all fundraising activities by state legislators and statewide officeholders while the legislature in is session, thus leveling the playing field for candidates who are running against incumbents. Hmm. I kind of like that idea, actually.

But I like Padilla because he has been a prolific (and liberal) legislator in the State Senate, authoring bills on a wide range of issues including local prosecution of military sexual assault, criminalizing the mislabeling of seafood, and improving campaign communication disclosures. Remarkably, he is also an MIT-trained engineer who is both charismatic and charming (!). If elected, he promises to modernize the technology used by the Secretary of State’s office (‘bout time!) to make it easier to open a business and to register to vote. Given his background, he is just the guy to tackle this pressing matter.

Controller: Betty Yee

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Betty Yee speaks for me

I can’t say enough good things about Betty Yee…she is genuine and smart, tough and effective, and she has far more  financial experience than her opponent. She is a lifelong public servant, having worked in financial-related offices in state government before running for the Board of Equalization, on which she now serves. On the BoE, she has used her position to fight for tax equity for same-sex couples, she has advocated for the legalization of recreational marijuana (think of the tax revenues!), and she has adhered to the highest of ethical standards (for example, she rejected campaign contributions form the tobacco industry). The Controller’s primary responsibility is to track and control the disbursement of the state of California’s money, and so having an unimpeachable ethical record is important.

Her opponent Republican Ashley Swearingen is the mayor of Fresno, and is widely considered to be a rising star in her party. Her only relevant experience is turning Fresno’s financial ship around, and she did so by cutting city jobs and forcing public employees to pay more of their pension contributions. (If you know me, you know these things make me wince). Fresno is not California, and I don’t think she’s ready for prime time.

Treasurer: John Chiang

Mathlete John Chiang

The Treasurer is the state’s banker, the officer who is responsible for managing the state’s investments, including state employee pension funds. Who better to serve as our next Treasurer than the person who has done a great job as the state’s Controller for the last 8 years? As Controller, he made a name for himself by enforcing a constitutional requirement holding that legislators would not be paid if they failed to pass a balanced budget by June 15, 2011. During the Great Recession, as California teetered on the brink of bankruptcy, Chiang helped to keep the state functioning and paying its bills. He also helped balance the budget by identifying $6 billion in waste that was made available for more productive purposes. Also: he was a high school mathlete (I ❤ nerds!), and he is virtually unopposed.

Attorney General: Kamala Harris

Future Governor Kamala Devi Harris

Future Governor Harris

Incumbent Kamala Harris is also virtually unopposed, so I’ll keep it brief: Kamala is a rockstar. She has been a powerful advocate for consumers and privacy protections, prisoner anti-recidivism programs, victims of mortgage fraud, and same sex marriage in California. She is also brings a fresh perspective to the office, as she is the first African American, the first Indian American, and the first woman to serve as the state’s top cop. I am proud that she comes from San Francisco, and I hope she runs for Governor in four years.

Her opponent is Republican Ron Gold, whose campaign is focused on legalizing recreational marijuana (Yes! And he’s a Republican!). I’m all for it, but Gold doesn’t have a chance – he got only 12% of the vote in the June primary. But his campaign seems to have softened Harris’ stance on the issue. Which is a good thing.

Insurance Commissioner: Dave Jones

Insurance Commissioner Dave Jones – I can’t think of a single snarky thing to say about him.

Dave Jones is earnest and hard working, and he’s done some great things with his first four years as Insurance Commissioner. He has required health insurance companies to use no more than 20 percent of premiums on profits and administrative costs, and he has secured strict regulations on life insurance companies to prevent them from withholding benefits improperly. Recently, Jones held hearings on the insurance practices of ride-sharing companies to make sure that they are adequately insured to protect both their drivers and the general public. Jones’ Republican opponent, State Senator Ted Gaines, actually wants to decrease oversight of the insurance industry. Um, no. And no.

Board of Equalization: Fiona Ma

Fiona Ma no longer hates raves

Fiona Ma represented the west side of San Francisco on the Board of Supervisors and in the State Assembly for many years. She and I have disagreed on some policy issues, including a bill she wrote in 2010 that would have banned large-scale electronic music events in California. But she did write some great legislation in the Assembly, including a bill that would have required more employers to provide paid sick leave and one that banned toxic chemicals in plastics and children’s toys. She is a good fit for the Board of Equalization, which is the state’s main taxing body. She is a certified public accountant, and would bring her financial experience to that role. She is virtually unopposed, and she deserves your vote.

 

JUDICIARY

Approve All Of The Supreme Court Justices And Justices Of The Court Of Appeal


Does it even matter which one is which? No. No it does not.

Your ballot includes an entire page asking you to ratify judges you’ve never heard of. Save yourself the headache and just vote yes on all of them.

Justices of the State Supreme Court and the State Courts of Appeal must run for “retention” in the first gubernatorial election after they are appointed and then every 12 years. In these elections, voters are asked to ratify them with a yes or no vote, there is no competition. And since the state started its system of retention elections in 1934, justices have been rejected only once – in 1986, when three Supreme Court Justices were thrown out for ruling against the death penalty.

In this election, there doesn’t seem to be any kind of public outrage threatening the ouster of any of these folks. And I couldn’t find any particularly interesting dirt on any of them. So they are all going to win by large margins, perhaps because they should.

SUPERINTENDENT OF PUBLIC INSTRUCTION – TOM TORLAKSON

Tom Torlakson is busy thinking about ways to improve public schools

Incumbent Tom Torlakson and his main opponent, Marshall Tuck, have very different visions of how to improve public schools in California. A former teacher himself, Torlakson champions teachers and their unions, dislikes the nation’s growing reliance on standardized tests, and advocates for more funding.

An investment banker by trade, Tuck is an advocate for charter schools and for changing the seniority rules for teachers. Personally, I think privatization will serve to drain the public school system of its high achieving students, leaving underperforming students in the dust. (See this great article by my friend Paul Buchheit on the subject.)

On the other hand, it’s clear that the current regime isn’t working for our kids, and I’m sensitive to the argument that the teacher tenure system is broken. But if you ask me, the major problem facing the school system is the lack of funding; California ranks 48th in the United States in school spending! Ridiculous! And sad. It’s clear that Torlakson will be a more effective advocate for more funding, and is a better choice for this reason alone.


STATE MEASURES

Yes on Prop 1, Water Bond

This complicated measure will authorize $7.12 billion in new general obligation bonds for state water supply infrastructure projects, such as public water system improvements, surface and groundwater storage, drinking water protection, water recycling and advanced water treatment technology, water supply management and conveyance, wastewater treatment, drought relief, emergency water supplies, and ecosystem and watershed protection and restoration.

The environmental groups can’t agree on this one. The Sierra Club went with no endorsement, other big environmental groups like The Nature Conservancy support it because of the funding it provides for ecological restoration. The Center for Biological Diversity opposes it because $2.7 billion will go toward dam projects with possible environmental consequences.

It’s tough call, but I support Prop 1 because California is in a severe drought, and this solution is better then no action at all. The measure will not raise taxes, it merely reallocates money from unused bonds to invest in critical projects. Folks from across the political aisle agree: Democrats, Republicans, farmers, and some environmentalists. I think it’s worth a shot.

Yes on Prop 2, Rainy Day Fund


Proposition 2 is highly technical, so bear with me. It’s a constitutional amendment that would change the state’s existing requirements for its rainy day fund, and it would create a Public School System Stabilization Account (PSSSA). If approved, it would require the state Controller to deposit annually in to the rainy day fund 1.5% of all general fund revenues and significantly more of the state’s capital gains tax revenues. Deposits would be made starting no later than October 2015, and would continue until the rainy day fund balance reaches an amount equal to 10% of all general fund revenues. For the first 15 years, the rainy day payments would be split in two, with 50% going towards the state’s liabilities, like pensions and loans. In case you’re worried about future lean years, there’s a relief valve so that the payments can decrease if the Governor declares a budget emergency.

Prop 2 seems like a common sense fiscal reform to me, and I’m delighted that our economy is doing so well that we can have a real conversation about saving for the future. It’s about time that we start thinking long term about protecting vital services during an economic bust. If you’ve lived in California for more than a few years, you know that the public schools and social services are held hostage with every budget cycle, and this measure will insulate them a bit from the ups and downs.

Yes on Prop 45, Health Insurance Rate Regulation

Prop 45 will require health insurance companies to get any rate changes approved by the state Insurance Commissioner before taking effect. It also requires for more transparency in rate changes, including public notices and hearings. Finally, it prohibits health, auto, and homeowners insurers from determining policy eligibility or rates based on lack of prior coverage or credit history.

Have you seen lots of TV ads about this measure? Yeah, the insurance companies are freaking out about this one. Prop 45 seeks to place controls on rising insurance costs so that consumers will stop getting ripped off by insurance companies.

Insurance Commissioner Dave Jones sponsored the measure, and its supporters include Senators Feinstein and Boxer, consumer watchdog groups, NOW, the California Democratic Party, teachers and nurses unions.

Opponents include the California Republican Party, Nancy Pelosi (!), insurance companies, medical organizations, and business groups. They claim that Prop 45 is an attack on Obamacare and that it’s not necessary because Covered California already negotiates insurance rates and benefits on behalf of consumers. It’s true that Prop 45 would give the Insurance Commissioner the right to reject a premium increase by one of Covered California’s approved providers – but what’s the harm in adding safeguards against higher rates? I don’t buy the argument, and I don’t trust insurance companies.

NO NO NO on Prop 46, Random Drug Testing of Doctors, Increasing Malpractice Damages Cap


This measure does three things: (1) it increases the amount of non-economic damages that can be awarded for pain and suffering in medical malpractice claims from $250,000 to over $1 million; (2) it requires the random drug testing of all doctors and requires the medical board to suspend all doctors with positive tests; and (3) requires health care practitioners to consult a state prescription drug history database before prescribing certain controlled substances.

I don’t have a problem with increasing the “pain and suffering” damages cap; in fact, it’s been 40 years since the current cap was established, and increasing it is probably warranted. Creating a statewide prescription drug history database makes me a little itchy – there will be people with access to this database who are not medical professionals and this measure hasn’t thought through the patient privacy issues.

But the main reason why I oppose this measure is…RANDOM DRUG TESTING OF ALL DOCTORS?? Really? C’mon. A dermatologist can lose her medical license because she smokes a joint on the occasional weekend? That’s just not right. I’m not aware that rampant drug use by doctors is a big problem. And who says that the state medical board isn’t already doing a decent job of disciplining doctors who are impaired on the job? The measure doesn’t say what kinds of drugs would be tested or how, or what kinds of penalties would apply.

The measure’s proponents just seem to be demonizing doctors here. They should come back to us with a measure that only increases the pain and suffering cap – that’s a measure I would support. Over 500 state and community organizations oppose Prop 46 – including labor unions, business organizations, the ACLU, women’s rights groups and Planned Parenthood. Please vote no.

YES YES YES on Prop 47, Misdemeanor Offense Classification


This state jails far too many people for nonviolent property and drug crimes. Period.

Prop 47 will reduce the classification of most “nonserious and nonviolent property and drug crimes” from a felony to a misdemeanor, unless the defendant has prior convictions for violent crime. The measure would require misdemeanor sentencing instead of felony for the personal use of most illegal drugs, and for shoplifting, grand theft, receiving stolen property, forgery, fraud, and writing a bad check, where the value of the property or check does not exceed $950. It will also permit re-sentencing for anyone currently serving a prison sentence for any of the above offenses, making about 10,000 inmates eligible for re-sentencing.

Our state’s prison system is overcrowded, and so this measure is way overdue. I also think it’s fundamentally unfair to put someone in prison for possession of small amounts of drugs or bouncing a check; we need to rebalance our criminal justice system so that it prioritizes violent and dangerous crimes. Prop 47 will save the state millions of dollars a year, and put that money towards treating mental illness and drug addiction, fund anti-truancy programs in K-12 schools, and help victims of crime recover from their trauma. The measure is sponsored by SF District Attorney George Gascon, and supported by the ACLU, the California Democratic Party, Newt Gingrich (really?! yes), labor unions, and many victims groups. It is opposed by Senator Feinstein, police officers groups and district attorneys.

Yes on Prop 48, Off-Reservation Indian Gaming Compacts

This measure affirms compacts negotiated by Governor Brown and ratified by all stakeholders to allow the North Fork Tribe to establish an off-reservation casino in Madera County, splitting revenues between the North Fork and the Wiyot tribes. Proponents say that it will create thousands of jobs, promote tribal self-sufficiency, avoid an alternative development plan in environmentally sensitive areas, and generate business opportunities and economic growth. Opponents say that gambling is a bad thing for California, that this measure is a slippery slope that will cause an avalanche of off-reservation casino projects. I don’t have a moral objection to gambling, and the slippery slope argument rings hollow to me, so I don’t see a reason to oppose this measure.