Proposition 77: Judge Kicks the Measure Off the November Special Election Ballot

Superior Court Judge Gail Ohanesian has ordered Proposition 77, the redistricting constitutional amendment off the November Special election ballot. She ruled that supporters violated California’s constitution by using two versions of the initiative in the qualifying process.

“The differences are not simply typographical errors,” Judge Gail Ohanesian said. “They’re not merely about the format of the measure. They are not simply technical. Instead they go to the substantive terms of the measure.”

The proposal, Proposition 77, is one of three initiatives that the Republican governor is supporting in the Nov. 8 special election. It would take the power to draw legislative and congressional districts away from the Legislature and give it to a panel of three retired judges.

Attorney General Bill Lockyer asked the judge to order the measure off the ballot because its supporters used two versions — one to gather voter signatures and another that they gave to him to prepare a title and summary of the proposal to use on petitions.

This ruling will undoubtedly be appealed, but the Governor has to tread very carefully. This initiative can be recirculated for either the June or November 2006 ballot. Would it be better to accept the judgment of the court, admit an error (albeit technical), recirculate an initiative petition and then run on the issue for re-election? Of course, Ted Costa and Bill Rundell have other motives, but the Governor must separate his own and Republican Party interests from theirs.

The ruling is a big setback for Schwarzenegger, whose ballot agenda has languished in the polls under almost constant criticism from rival Democrats and labor groups who are opposing his proposals.

If the judge’s ruling stands, Schwarzenegger and his supporters will be forced to go before voters with just two ballot measures: a complex plan for imposing new limits on state spending and a proposal that would lengthen the probationary period for public school teachers before they are granted tenure.

Actually, the ruling is NOT a big setback for Schwarzenegger. Flap has pontificated before that the Governor has already won the special election, if he were to stay the course. Whether Proposition 77 is on the ballot, the Governor will be positioned well for 2006.

It is apparent that fears of conservatives that Schwarzenegger would deal away Prop. 77 for a change in term limits were unfounded. With today’s ruling and the apparent delay in any appeal, and with the Democratic Party’s decision to file a wide-ranging ethics complaint against the Governor this week it probably signaled the end to any chance of a bipartisan compromise on the fate of the November ballot initiatives.

Good! There are sufficient issues to be decided on the November election ballot..

Governor, the gloves are off.

Time to fight for your remaining initiatives, endorse the Paycheck Protection Measure, Proposition 75, and fight for budget restraint, Proposition 76. Teacher’s tenure, Proposition 74 will pass without too much effort.

Proposition 73, Termination of Minor’s Pregnancy. Waiting Period and Parental Notification will bring the Christian Right to the polls and THEY will vote yes for 75 and 76.

Time to bring on the election.

Technorati Tags: Schwarzenegger, Bill Lockyer, Proposition 77, California, California Special Election

Cross-posted to the Bear Flag League Special Election Page

Update #1

Eric Hogue has ‘Prop 77′ Tossed Off the Ballot by Judge. He concurs with Flap’s opinion:

This is a slight setback for the governor, no doubt, but there are still major reform initiatives remaining on the ballot for November. The chances that there will be negotiations and legislation on Arnold’s reform package items in the legislature is very, very remote now. There is no reward for the Democrats to negotiate and come to a compromise. Now the Democrats can lock horns with the power and influence of the Public Employee Unions, and spend millions to defeat Prop 75 (Paycheck Protection).

If the appeal process falls short, the governor should immediately embrace Prop 75, and add it to his remaining two initiatives, Prop 76 (Live Within Your Means), and Prop 74 (Teacher Tenure). There is a tomorrow, and there is a June 2006 Primary for the return of the re-districting initiative, the latest polls were showing a majority of support for those who understood its value for elections and campaigns in California.

Update #2

Jeff over at Southern California Law Blog has Proposition 77 Thrown Off November’s Ballot.

Interesting and related links:

• You can read the ruling here. (via Election Law Blog)
• Rick Hasen thinks the trial court got it right. Read today’s post here and his earlier, more substantive post on the subject here. Rick notes that because this case presents pure questions of law, if an appeal is filed, the Court of Appeal and/or Supreme Court will apply de novo review (i.e., the higher courts are not required to defer to the lower court at all and may look at the issues from scratch). I question whether the trial court’s factual findings that the redistricting proponents knew of the discrepancies and failed to take timely action are: a) dispositive of the question of whether the initiative should be removed from the ballot; and b) entitled to review under the more deferential, “abuse of discretion” standard.

Atrios calls Schwarzenegger a loser.