(June 6, 2012) California voters yesterday overwhelmingly passed California Chamber of Commerce-supported Proposition 28, which reduces the total time a person may serve in the state Legislature from 14 years to 12 years. Voters also rejected the flawed tobacco tax measure, Proposition 29.
Proposition 28 allows a person to serve a total of 12 years in the Assembly or the Senate, or a combination of both.
With 100 percent of precincts reporting this morning, Proposition 28 passed 61 to 39 percent.
The importance of more competitive elections, redistricting and term limits were discussed yesterday by CalChamber President and CEO Allan Zaremberg in a Sacramento Bee op-ed.
Proposition 29, opposed by the CalChamber, would have imposed an additional $1 per pack tax on cigarettes and an equivalent tax increase on other tobacco products to fund research for cancer and tobacco-related diseases. The measure failed 49 to 51 percent with 100 percent of precincts reporting this morning.
The latest election results are available at the website of the Secretary of State at www.ss.ca.gov.
Proposition 28
The CalChamber Board of Directors voted in March 2011 to support an initiative constitutional amendment that altered the term limits created when voters approved Proposition 140 in 1990.
Unlike a 2008 attempt to reform term limits (Proposition 93), Proposition 28 applies its revised limits only to legislators first elected after the proposition passes. Legislators elected before the passage of Proposition 28 will continue to be subject to existing term limits.
The CalChamber opposed Proposition 93 in 2008 because it did not include a companion reform measure on redistricting, a goal subsequently accomplished with the passage of Proposition 11 in 2008.
In announcing support for Proposition 28, CalChamber President and CEO Allan Zaremberg said it is “a much- needed improvement to the current term limits law while keeping the original initiative intact.”
Proposition 29
The CalChamber Board voted in March 2011 to oppose an initiative statute described as imposing an additional tax on cigarettes for cancer research.
Proposition 29 would have imposed an additional $1 per pack tax on cigarettes and an equivalent tax increase on other tobacco products to fund research for cancer and tobacco-related diseases.
Editorials opposing Proposition 29 appeared in several newspapers including the Los Angeles Times on April 27 and in The Orange County Register and The Press-Enterprise on May 1.
It was estimated to raise nearly $1 billion in new taxes, but nothing in Proposition 29 required the funding to be spent in California or even in the United States.
Although cancer research is important, the CalChamber Board thought it was inappropriate to create a new program when the state is slashing existing essential programs, such as education and courts.
In addition, the Legislative Analyst’s Office concluded that the revenue stream to fund these new programs would be declining and the Board was concerned that it would once again put existing programs at risk to keep the new programs.
Top Two Candidates Open Primary Act
The June 5 election was the first to comply with the Top Two Candidates Open Primary Act, which requires that all candidates for a voter-nominated office be listed on the same ballot.
Political parties can no longer formally nominate candidates for voter-nominated offices, so a candidate who finishes in the top two at the primary election and advances to the general election is not the official nominee of any party for the office. Previously known as partisan offices, voter-nominated offices are state legislative offices, U.S. congressional offices, and state constitutional offices.
The new open primary system means voters can vote for any candidate, regardless of the party preference indicated on the voter’s registration form. Only the two candidates receiving the most votes—regardless of party preference—move on to the general election regardless of vote totals. If a candidate receives a majority of the vote (50 percent +1), a general election still must be held. Even if there are only two candidates in the open primary, a general election is still required.
California's new open primary system does not apply to candidates running for U.S. President, county central committee, or local offices.
More Competitive Elections
The CalChamber supported the Top Two Candidates Open Primary Act and Proposition 11, placing the drawing of political boundaries in the hands of the Citizens Redistricting Commission, to create new opportunities for competitive elections.
At least half the seats in the 80-member Assembly are going to change hands this year due to existing term limits and competitive redistricting.
As a result of Proposition 28’s approval, at least half the candidates elected to the Assembly this year could be incumbents for the next 12 years.
The latest election results are available at the website of the Secretary of State at www.ss.ca.gov.