Proposition 77 Watch: Ordered Off Ballot REDUX

The San Diego Union has Redistricting initiative petitions wrong, it rules.

A state appeals court dealt another blow to Gov. Arnold Schwarzenegger’s special election agenda yesterday by refusing to order his redistricting initiative back on the Nov. 8 ballot.

In a 2-1 ruling, the 3rd District Court of Appeal in Sacramento said that proponents of Proposition 77 were in “clear violation” of the law when they circulated initiative petitions that did not match the one that was submitted to the state Attorney General’s office.

Daniel Kolkey, an attorney representing Ted Costa, the official sponsor of the initiative, said he will appeal the ruling to the state Supreme Court.

The ruling of the court is here.

The Governor responded by denouncing the ruling as thwarting the will of the voters.

“The court today ignored the will of nearly 1 million Californians who signed petitions demanding redistricting reform,” the Republican governor said in a written statement.

“Those voters knew they were signing petitions in support of reform and they deserve to get it. I believe that Proposition 77 earned a rightful place on the November ballot and the people of California should be given a right to vote on it.”

Sacramento Superior Court Judge Gail D. Ohanesian threw out Proposition 77 on July 21 after ruling that such discrepancies made the initiative unconstitutional. But the 3rd District Court of Appeal suspended her decision in order to allow a required public review period for the measure to continue.

But in upholding Ohanesian’s ruling, appellate Justices Blease and Butz argued that the differences in wording could result in “voter confusion” because the version circulated (to voters) undeniably changes the meaning of key provisions in the copy submitted to the attorney general.

Blease and Butz were appointed to the 3rd District court, respectively, by former Democratic Govs. Jerry Brown and Gray Davis.

Ok, so some leftie appeals court judges upheld a weak-knee superor court judge. The California Supremes will ultimately decide the case.

But, as Flap has maintained over and over like a broken record: Governor Arnold Schwarzenegger has already won the Special Election with or without Proposition 77.

Flap has some recommenations for the Governor:

1. Let Ted Costa and Bill Mundell sort out Proposition 77. If the California Supremes strike the measure from the ballot then make some modifications in the measure, recirculate it and run on the measure in November 2006.

2. Immediately announce your re-election for Governor and hold a fund-raising event for your re-election campaign committee. Danny Devito would be good and a Hollywood theme would be appropriate.

3. Support the Paycheck Protection Initiative, Proposition 75 and raise money for it.

4. Develop a media campaign to immediately combat television ads from the Alliance for a Better California. Flap is tired of seeing poor school teachers and firemen saying the Governor is picking on ME. While their pensions and other speical interest funding are busting the budget and forcing massive state budget deficits year after year. And which may ultimately lead to tax increases.

5. Stick to Your Guns. The people of California support your reform agenda.

Now get going.

When are you bringing the campaign to Ventura County? How about an event at the Reagan Library?

Technorati Tags: Arnold Schwarzenegger, California Recovery Team, California Special Election, Bear Flag League, Proposition 75, Proposition 77

Cross-posted to the Bear Flag League Special Election Page