George Will , Columnist

 

 

 

 

 

 

 

 

 

 

                               Bob Burton of Santa Barbara is the   State   Chairman   of   the

Electoral    Reform    California Committee.   Bob  has  been  a  political activist for many years  and   has  been  an   influential member  of  the  Santa Barbara community.  Bob is well known as "The Bounty Hunter"  and a movie was made of him starring Robert  De Nero  of  the  same name   about  the  business  of catching bad guys. Bob Burton is  one  of  the  most respected  bounty hmade 20,000 arrests.  

Bob is the author eight books including "The Bounty Hunter".

unters  in  the country.

He's been  in  the business for 25 years, during which time he  has brought  thousands of bail jumpers  to  justice.  Last  year alone his agents

 

 

 

 

 

 

 

  
Home PageLegislation

Electoral Reform

    CALIFORNIA COUNTS  FAILED TO SUBMIT THE PETITIONS. 

    GILLARD, BLANNING, WYSOCKI & ASSOCIATES did not 

    complete the task of qualifying the initiative.

                                  ###

                                 

    "Electoral vote effort delayed"

    Initiative backers decide to aim for the

    November ballot instead of June's.

    By Kevin Yamamura        Friday, December 7, 2007

     

         GOP backers of a controversial initiative to change how California's

    electoral votes are counted acknowledged Thursday that qualifying for

    the June 2008 ballot is "unrealistic" and said they will continue gathering

    signatures for November.
         The initiative has drawn national attention because it would assign

    California's electors on a district-by-district basis rather than award the

    statewide winner all 55 electoral votes, altering the national political

    calculus by dividing up a state that has been reliably Democratic since 1992.
         Appearing on the ballot in November, rather than June, has two significant

    downsides for the initiative. Republican proponents are unable to benefit from

    the depressed turnout expected in June, a factor that would have likely meant a

    smaller proportion of Democratic voters. They also stand to face a legal challenge

    over whether the initiative would apply to the 2008 presidential election because

     it would appear on the same ballot.
         "Due to the tight calendar we are operating under and the challenge of raising

    money and gathering signatures during the holiday season, we understand that

    submitting signatures and having them counted in time to make the June ballot

    is no longer a realistic goal," Dave Gilliard, a Sacramento consultant running the

    California Counts campaign, said in a statement.
         As of Thursday, the group had not yet submitted signatures to county registrars.

    Secretary of State Debra Bowen's timetable for the June 3 ballot recommended

    that initiative backers turn in petitions more than three weeks ago and that

    counties begin a 30-day random sampling process by today.
         California Counts has until Feb. 4 to submit signatures, 150 days after the

    initiative was first cleared for circulation. Gilliard said his group had collected

    more than 500,000 signatures; political strategists believe they need about

    700,000 to ensure they have enough valid ones to meet the state threshold.
         If the initiative qualifies and is approved by voters in November, Democrats

    would dispute its application to the 2008 presidential election, said Chris Lehane,

    a Democratic consultant running the opposition campaign.
         In California, an initiative becomes effective one day after an election. Democrats

    say the state would have to use the Electoral College process in place the day of

    the presidential election, not one that goes into effect the next day. Republicans

    have suggested that because results are not certified and electors do not formally

    vote for weeks after an election, the new law could take effect.
         Gilliard said the question would be "for the lawyers to answer." Tom Hiltachk, a

    GOP election law attorney who initially filed the initiative before abandoning it,

    said he has not studied the issue because he thought it would appear on the

    June ballot.
         Richard L. Hasen, a professor specializing in election law at Loyola Law School

    Los Angeles, said it is not clear whether the initiative would be valid in the 2008

    presidential race if it passes the same day. He said it would "likely not be

    effective," but that his interpretation is based on the law stating that an initiative's

    results are valid one day after it is passed.
          A 2004 initiative backed by Democrats in Colorado sought a similar change on

    the same ballot as the presidential contest. The threat of a Republican legal

    challenge became moot when the initiative failed.
          But that ballot measure specified that it would apply to the 2004 election,

    whereas the California proposal does not. Authors of the California initiative

    cannot change the language without restarting signature-gathering efforts from

    scratch.
        
      Gilliard said his campaign has collected over $1.2 million to pay signature gatherers.

    He and other GOP consultants took over the initiative drive in late October after

    earlier proponents abandoned the proposal due to a lack of funding and a

    questionable six-figure donation from a Rudy Giuliani supporter.
          Republicans behind the initiative argue that it would give minority-party voters a

    say in presidential races and provide greater incentive for candidates to visit

    California. Gilliard said the initiative would "make our state count again in

    presidential elections."
          But Democrats charge that the initiative is a Republican ploy to obtain 20 or

    more electoral votes in California, a state no GOP presidential candidate has

    won since George H.W. Bush in 1988.
         Lehane, who called the initiative "an effort to rig the election," said he backs

    national reform of the Electoral College, but not a change in only the largest

    Democratic state.
         "This is a good reminder of why we need legitimate election reform and

    should put together steps to pursue a national popular vote," Lehane said.
    The proposal would assign California's electors based on who wins each

    congressional district and give two additional electoral votes to the statewide

    popular winner. Only Maine and Nebraska – a combined nine electoral votes –

    use that method.

                                                           ###

     

    ******************************************************************************************                                                                                                                                                                    

     

    Sacbee 12-4-2007      Electoral bid's time crunch

    GOP-backed intiative may miss June vote, aim instead for November.

    By Kevin Yamamura - kyamamura@sacbee.com
    Published 12:00 am PSTTuesday, December 4, 2007

    Elections officials on Monday said backers of an initiative to change how California's

    electoral votes are counted are at risk of missing the June ballot because it will be

    difficult to finish counting signatures by a state deadline next month.

    The initiative has drawn national attention because it would assign California's electors

    on a district-by-district basis rather than award the statewide winner all 55 electoral

    votes, potentially dividing up a state that has been reliably Democratic since 1992.

    Proponents have yet to submit signatures to counties despite a recommendation

    from Secretary of State Debra Bowen that they do so three weeks ago.

    Republican political consultant Dave Gilliard, who is spearheading the Electoral

    College initiative effort, has insisted for the past month that local elections officials

    could speed up the random counting process so the initiative could qualify for the

    June election by a Jan. 24 state deadline.

    But such an assumption may be unreasonable because county registrars already

    have committed workers to prepare for the Feb. 5 election, said Stephen Weir,

    registrar of voters in ContraCostaCounty and president of the California Association

    of Clerks and Election Officials.

    Counties are slammed with duties that include mailing ballots to overseas voters,

    preparing ballot guides, training poll workers and gearing up for absentee voting

    that begins Jan. 7. At the same time, many county election offices are juggling staff

    vacation time around the holidays.

    "They're risking it, honestly," Weir said of Gilliard's initiative effort. "They're risking it.

    They're up against a tidal wave of programming. ... You can't miss deadlines when

    you have a live election going."

    Democrats have charged that the initiative is a ploy to ensure Republicans obtain

    20 or more electoral votes in California, a state no GOP presidential candidate

    has won since George H.W. Bush in 1988. But Republicans behind the initiative

    said it would force presidential candidates to visit California more often and give

    more voters a voice in the presidential outcome.

    Gilliard and other GOP consultants took over the initiative drive in late October

    after earlier proponents abandoned the proposal due to a lack of funding and a

    questionable donation received from a Rudy Giuliani supporter.

    They need 433,971 signatures to qualify their initiative for the ballot but are aiming

    to collect roughly 700,000 to ensure they have enough valid petitions. Gilliard in

    October had hoped to get the proposal on the June ballot but said he would shoot

    for November 2008 if he could not meet deadlines for the earlier election.

    Gilliard did not return repeated phone calls Monday, but wrote in an e-mail,

    "We are still hopeful of making the June ballot but understand we are at the mercy

    of the calendar."

    He estimated a week ago that his campaign had more than 500,000 signatures

    and was hoping to turn them in by Monday. He estimated that his campaign had

    collected $1.3 million.

    Political analysts believe the initiative would fare better in June because it is

    expected to have a low turnout, which generally hurts Democratic causes. Gilliard

    believes the initiative would still affect the 2008 presidential outcome if it is on the

    same November ballot, but opponents disagree.

    Bowen's office gives counties eight working days to verify that proponents have

    submitted the bare minimum of signatures required to pass. At that point, the

    secretary of state authorizes counties to begin conducting a random sample of

    signatures to verify their validity, a process that can take up to 30 working days.

    Counties are required to submit random sample results to Bowen by Jan. 22.

    As of Tuesday, there are only 33 working days until that deadline, five fewer

    than counties are given to complete their raw counts and random samples.

    If the random sampling does not begin by Friday, counties are free to finish their

    counting after Jan. 22 and the initiative could miss the June ballot.

    "There's a whole bunch of things we're trying to do for February besides this

    initiative," said Brad Buyse, campaign services manager for SacramentoCounty's

    elections office. "So it would be wise of them to turn (signatures) in because of

    Christmas, New Year's and the February election. Many counties may use every

    day that's allotted to them."

    Weir said that staff members who would normally have time to verify petitions

    will likely be swamped with registering voters and other last-minute election activities.

    "I'm telling you, your data-entry people are going to be focusing on that and will

    focus on petitions when they have the time," Weir said.

    Chris Lehane, who is leading the Democratic effort to oppose the initiative,

    said he believes initiative proponents are a long shot to qualify for June at this point.

    "They have alternatively talked about shooting for November (2008), which

    would appear to be what they're focusing on now if they're moving forward at all,

    " Lehane said. "Whether it's June or November, we will defeat it no matter which

    ballot it shows up on."

    *********************************************************************************************


    CBS News
    Calif. Measure Would Split Electoral Votes
    CBS News, NY - Dec 1, 2007
    While California, like most states, is winner take all, a proposed initiative would slice the state's electoral votes up by district. ...
     

    ***********************************************************************************

    Electoral College campaign still needs signatures

    Backers of plan to alter California's winner-take-all vote miss deadlines.

    By Dan Morain            December 1, 2007     Los Angeles Times Staff Writer

    SACRAMENTO — As deadlines came and went, backers of an initiative

    that could affect the 2008 presidential election continued struggling Friday

    to gather enough signatures to place the measure before voters.

    Organizers had set this week as a deadline for wrapping up their petition

    drive, but said they had not raised the roughly $2 million needed to pay

    petition circulators. Secretary of State Debra Bowen had recommended a

    deadline of Nov. 29.

    Campaign manager Dave Gilliard said that agents would work through the

    weekend to obtain the 434,000 valid signatures required to put the Electoral

    College initiative on next June's ballot and that he expected to submit the

    names by midweek.

    Gilliard was less than certain that he would reach his goal of 700,000

    names, a number allowing leeway for signatures that might be disqualified.

    "We won't know until they're collected," he said.

    The proposed initiative would alter California's winner-take-all system of

    awarding its 55 electoral votes. Instead, electors would be allocated based

    on which candidate captured majorities in individual congressional districts.

    That could help the eventual Republican presidential nominee in California.

    With Republicans holding 19 congressional seats, the GOP nominee would

    presumably win at least that many districts, giving the candidate 19 electoral

    votes, almost as many as Ohio has.

    In 2004, President Bush, a Republican, won majorities in 22 congressional

    districts, despite losing to Democratic U.S. Sen. John Kerry in California

    44.4% to 55.4%.

    If California altered its Election Code to count electoral votes by congressional

    district, the state would join just two others using that method: Maine and

    Nebraska, which combined have nine electoral votes.

    Gilliard said Friday that he was unsure whether the campaign would reach its

    fund-raising goal.

    Tapping some Republican stalwarts, proponents have raised more than $1 million;

    the actual figure won't become public for several days. But Gilliard said $200,000

    to $250,000 more was needed to pay circulators for the signatures they have gathered.

    "Until it is the bank, I don't want to make any pronouncements," he said.

    Initiative organizers often miss deadlines and still qualify their measures, but pushing

    the target date is risky. Once signatures are submitted, local elections authorities

    must verify them and send them to the secretary of state, who certifies the measure

    for the ballot.

    The initiative has attracted interest among presidential campaigns because

    of its national implications.

    Democratic National Party Chairman Howard Dean has said that Democrats

    could not win the White House without winning all California's 55 electoral votes.

    This state accounts for more than 10% of the 538 electoral votes nationally,

    by far the biggest block of any state.

    Backers have said that if they failed to qualify the Electoral College measure

    for June, they would try to place it on the November 2008 ballot. It is unclear

    what that would mean for that month's presidential election.

    The Electoral College initiative has had a troubled past. Its original campaign

    team, including its author, Sacramento attorney Thomas Hiltachk,

    abandoned the measure in October.

    Hiltachk and his team had been unable to raise sufficient money.

    Hiltachk also became angry when the one donation he received -- $175,000

    from Wall Street mogul Paul E. Singer -- took a circuitous route through a

    Missouri attorney and a hitherto unknown corporation. That route hid,

    at least for a time, the true source of the contribution.

    The measure itself is relatively simple, taking fewer than four pages.

    Supporters portray it as a way to make California's elections fair.

    The idea of altering California's system has been discussed within

    Republican circles for years.

    It became so serious in the 2004 campaign that California

    Republicans approached the Republican National Committee about it.

    But the GOP and President Bush's political team concluded that

    Bush could win the election without the added boost that such a

    move would bring.

                                                         ###

    ************************************************************************

     

    NEW !   LEADING A MOVEMENT TO MAKE A DIFFERENCE

    Richard K. Wagner, President, Lincoln Club of Orange County

     

    The Lincoln Club of Orange County Board of Directors has voted

    decisively to endorse and support the California Counts Electoral

    College Reform initiative.  Agreeing to contribute $100,000 to the

    cause, the Board felt that for far too long, too many voters in

    California have not been counted in Presidential elections.

     

    For over 45 years the Lincoln Club has been at the forefront of

    most of the major issues confronting California.  It was initial

    support and funding of club members that helped launch Ronald

    Reagan's 1966 gubernatorial campaign.  In 1978 early seed

    money and support by the club helped allow for Proposition 13

    to proceed to the ballot. 

     

    In 2003 it was a $200,000 commitment along with the club's good

    name that helped to launch the recall of Gray Davis. 

    In most instances, the club acted only after substantial, and

    sometimes heated, debate, and this vote was no exception.

     

    The greatest cause for concern by some club members was the

    idea of reforming the Electoral College process in California. 

    Taking the state from a winner-take-all to one where electors are

    chosen by Congressional district caused great angst.  In fact only

    a month ago most board members were against this initiative for

    just this reason.  However the debate established some solid

    arguments as to why this initiative should be considered and

    supported, and the reasons had nothing to do with trickery or

    slight of hand with regards to the election process.

     

    First, California is an aberration in relation to the rest of the country. 

    There are 38 million people in the state of which 22 million are eligible

    to vote, and around 15 million are actually registered.  About 43% or

    6.5 million of these are Democrats, and about 36% or 5.5 million of

    these are Republicans.  In a winner-take-all scenario, 5 to 6 million

    Republican votes in the nation's largest state are as good as uncounted

    in every Presidential election, and this greatly bothered the board.

     

    Second, most candidates for President do not campaign in the

    state for votes and simply use it for raising money.  By establishing a

    process whereby electors are chosen by Congressional district,

    California then sets itself up as a number of states within a state,

    thus forcing candidates to spend time here.  For example, Orange

    County incorporates roughly five Congressional districts, or as many

    Electoral College votes as West Virginia. 

    In effect, Orange County becomes a state, as does San Diego, L.A., the

    Inland Empire area of San Bernardino/Riverside, the Central Valley,

    and the Bay area.

     

    Third, the idea that all states will follow suit and begin diluting down the

    effect of the Electoral College doesn't make sense.  Why would West

    Virginia, with only five Electoral College votes, make itself less attractive

    by not having a winner-take-all process? 

    The idea of a winner-take-all process was not something board members

    had a problem with.  It just seemed that in the mega-nation state of

    California, it no longer makes sense.

     

    Fourth, the Founding Fathers, in framing the Constitution, were specific

    that the states, not the federal government, could each individually

    determine how their respective Electoral College votes would be

    apportioned.  Club members felt that this in and of itself was a built-in

    check and balance on the Electoral College process, whereby a state

    has the ability to adjust and change as required to ensure the proper

    representation of its voters.  This is a Federalist approach,

    and the Lincoln Club believes that the time to adjust has arrived.

     

    Fifth, and last, one of the prominent ideas behind the formation of the

    Electoral College was to level the playing field between states so that

    the larger states would not be able to impose their will time and again

    over the smaller states.  The situation we find ourselves in today is that

    a few extremely large states in the winner-take-all column are having a

    greater impact on elections than ever before.  Club members felt that

    the Founding Fathers would be aghast at the size and influence of just

    a small number of states, and that they would be in support of the kind

    of political readjustment that the California Counts initiative proposes.

     

    The Lincoln Club believes that California is just too big for a winner-take-

    all process, and that the California Counts initiative solves the

    representation problem without compromising the integrity of the Electoral

    College process.  We think that the Founding Fathers would approve of

    this initiative - one that makes votes count.

    _________________________________________________________

     

     

    NEW!! Electoral change is hope for GOP   November 26, 2007 03:29:39 AM


    By Ben van der Meer    bvandermeer@modbee.com

     

         There used to be a phrase to describe a certain breed of California voter:
    Reagan Democrats.
         Those were the moderate-to-conservative members of the Democratic Party
    who supported President Reagan and the first President Bush in the elections
    of 1980, 1984 and 1988. But for many reasons, Republican candidates have
    written off their chances here ever since.
         Now a coalition of reformers -- with funding from state Republicans -- is hoping
    to make California an important state for the GOP again, by tweaking how
    electoral votes are apportioned.
         If a ballot measure to that end goes before voters next year, and it succeeds,
    battleground states like Ohio and Michigan could be no more important than
    some regions of California, such as the moderate Northern San Joaquin Valley.
         Let's go back. The proposed measure, called the Electoral Reform California
    Initiative, is based on similar practices in Nebraska and Maine.
          In those states, every congressional district is worth one electoral vote.
    The candidate who wins the popular vote in a district receives an electoral vote.
    Two electoral votes, representing the state's two senators, go to whoever wins
    the statewide vote.
         Here, that would mean California's 55 electoral votes -- the most in the nation
    -- would be split between the Democrat and the Republican candidates, rather
    than all going to the state winner.
         If that were in play in 2004, President Bush would've gotten 21 electoral votes
    in California, to Sen. John Kerry's 34. That's one more electoral vote than Bush
    won in Ohio, which gave him a second term.
          The thinking, according to the ballot measure's author, former state
    Sen. Ray Haynes, is that candidates of both stripes would campaign in
    California if they think they can pick up electoral votes in some of the
    congressional districts.
          What does that mean for the valley?
    Haynes thinks it means candidate visits from both sides.
    "California is unique in this country," he said. "Those who like the status quo
    don't want to work for electoral votes."
         Swing parts of the state, such as Modesto, could be attractive to candidates
    who can't take it for granted, as Democrats discovered to their chagrin back
    in the 1980s.
          State Democrats, predictably, vow to defeat the measure if it makes the June
    2008 ballot. But the proposal may have some other handicaps, as well. Haynes
    said as many as 10 districts in California are competitive, suggesting they would
    be the districts candidates from both parties would target.
         Realistically, though, those districts are drawn so that in most cases, the party
    currently representing them stays in power. Since redistricting in 2001, only one
    congressional seat statewide changed parties, the 11th Congressional District
    last year.
         And the measure doesn't have unanimous support within the Republican Party.
    Gov. Schwarzenegger has seemed disinclined to support it, and local
    Republicans said the prospects of it making the state ballot are iffy.
         Then there's early polling that shows most voters are cool to or don't support
    the idea. With statewide propositions, being behind in the polls at the start is
    considered bad mojo, though Haynes pointed out that 1978's Proposition
    13 also started behind but passed in a landslide.
         Even if the measure doesn't pass, it may have other value for the Republicans.
    State Democrats are flush with cash; but state Republicans, not so much.
         If Democrats have to pony up to make sure this measure doesn't pass, that
    could level the playing field somewhat.
          With a national presidential race and a handful of state congressional races
    in play, money thrown at a ballot measure fight is money that can't be spent
    where the party might need it more.
          In a weird way, the proposal could reverse California's standing in presidential
    politics: Rather than pick up money here, Democrats might have to spend it.

    INITIATIVE UPDATE !

         Just two weeks ago, the Reform Initiative was

    destined to join many other great ideas that never

    made the ballot due to lack of money, organization

    or time.

         Today, thanks to the generous support from donors

    and herculean efforts from everyone working on the

    measure, I am very happy to inform that we are well

    on our way to qualifying the Electoral Reform California

    Initiative 07-0032 for the June 3, 2008 ballot.

         Here is the update:

         We have gathered a total of nearly 400,000 signatures
    (300,000 over the last two weeks).  Our paid signature effort

    is proving enormously successful – so much so that we

    were able to decrease the price we are paying circulators

    on the street – an almost unprecedented situation for an

    initiative campaign working on a deadline.
    We are getting thousands of signatures from the internet,
    and mail thanks to a massive internet/email campaign from
    Congressman Darrell Issa.
         The California Republican Party and our CalCounts
    Committee have mailed petitions to a total of over
    750,000 households statewide.
         Our volunteer signature efforts and $2 bounty program
    are starting to produce signatures and we expect some
    big returns from that program over the next couple of weeks.
         Polling continues to show that Californians support our Initiative.
    A new SurveyUSA poll shows that 47% support choosing delegates

    by congressional district.  Only 34% of voters want to keep the

    current winner-take-all system.   The more voters are

    informed about the initiative, the stronger they support it.
        We need about 434,000 valid signatures to qualify this
    initiative. Our goal remains to submit well over 600,000
    signatures before the end of the month. We are well on
    our way, but we need everyone to double their efforts to
    help us put the Electoral Reform Initiative before
    voters in June.

                                  Thank you!
               Dave Gilliard, Manager, California Counts

    **************************************************************


    Electoral Reform Initiative is legal and liberals are full of baloney!

     

    by James Lacy, Attorney -Politcal Law        11-2-2007 and 10-29-2007

       There is a report in the Sacramento Bee today that Art Torres, Chair

    of the California Democratic Party, is claiming that the PERA initiative,

    O7-0032 which would reform California's apportionment of electoral college votes to

    recognize regional diversity and make our state relevant again in Presidential elections,

    is unconstitutional. 
          That position is a bunch of baloney.

        Long established U.S. Supreme Court case law (see Smiley v. Holm, 285 U.S. 355

    (1931) and Davis v. Hildebrant, 241 U.S. 565 (1911) ) provide strong logic and support

    for the initiative.  Those cases establish rock-solid support for the proposition that the

    word "legislature" in Article 1 of the U.S. Constitution, dealing with apportionment of
    Congressional districts for election purposes, includes the lawmaking process in the

    state as determined by its particular "polity."  In these cases, "legislature" in Article 1

    was interpreted to include not only the state legislature itself, but the full lawmaking

    process, including the Governor's veto, and the people's power of referendum.

          In California, all power, including the power to act as the "legislature," is reserved

    to the people in our state constitution.  The "polity" of our lawmaking process includes

    initiatives, and the initiative process in California was placed in the state constitution

    about the time of the Smiley and Davis cases.  Court's are compelled to follow Supreme
    Court precedent, and there is very strong logic that the same analysis actually applied

    by the Supreme Court under Article 1 to Congressional elections will be applied under

    a review of the "California Counts" initiative under Article 2 for Presidential elections of

    the Constitutionally coequal Executive branch.  In other words, these same rules apply

    to the coequal Congressional and Executive Powers, and if the Supreme Court already

    has determined that referenda is action of the "legislature" in Ohio (under Article 1), then

    Courts will find that initiative is action of the "legislature" in California (under Article 2).

            Loyola Law Professor Rick Hasen is quoted in the article.  Rick provides a fine

    service for election lawyers through his blog.  And Rick is a brilliant lawyer.  Rick states

    the law accurately in the news report.  Rick tries to be neutral, but he has been associated

    with liberal legal causes in the past, and I believe he has greatly underplayed the Article

    1/Article 2 "coequal" analysis, which is such a strong argument that even reluctant

    observers who understand the law should agree that even in a close call (which it is not),

    the likelihood is a reviewing court will uphold the California Counts initiative, and

    California will be relevant again in Presidential elections.
    10-29-2007   

         The Federal Constitution states at Article II, Section 1 that states shall "appoint, in

    any manner as the Legislature therof may direct, a Number of Electors" for the purpose

    of electing the President and Vice-President of the United States.
         The California Constitution empowers the people of the state at Article II with "all

    inherent political power" to act as the legislature through the initiative process to

    "propose statutes and amendments..." and to "adopt or reject them."
          In California, the Legislature is not the exclusive source of legislative power; the

    constitution also includes the people's powers of initiative and referendum. 

    Professional Engineers in California Government v. Kempton (2007) 56 Cal.Rptr.3d 814,

    40 Cal.4th 1016, 155 P.3d 226. 
         The people's reserved power of initiative is greater than power of the legislature.

    Rossi v. Brown (1995) 38 Cal.Rptr.2d 363, 9 Cal.4th 688, 889 P.2d 557.  

    All presumptions favor the validity of initiative measures. California Family Bioethics

    Council v. California Institute for Regenerative Medicine (App. 1 Dist. 2007) 55 Cal.

    Rptr.3d 272, 147 Cal.App.4th 1319, review denied.  The initiative power must be
    liberally construed to promote the democratic process. California Assn. of Retail

    Tobacconists v. State of California (App. 4 Dist. 2003) 135 Cal.Rptr.2d 224, 109 Cal.

    App.4th 792, review denied.  The voters' power to decide whether or not the Legislature

    can amend or repeal initiative statutes is absolute and includes the power to enable
    legislative amendment subject to conditions attached by the voters.

    Professional Engineers in California Government v. Kempton (2007)

    56 Cal.Rptr.3d 814, 40 Cal.4th 1016, 155 P.3d 226.

          The Presidential Elector Reform Initiative is a needed reform that will guarantee that

    California's diversity will be represented in the Electoral College, and also make

    California relevant in the presidenital election process.  Other states, such as Maine

    and Nebraska, have similar laws.  The proposed California initiative, as stated above,

    is also strongly supported by the legal authorities and the Federal and state constitution. 

    All voters need to do to make this necessary reform happen is

    sign the petition and then vote "Yes" in June!

    ******************************************************************************

                                                                                      

                                                                                          

     

     

     

     

     

     

     

     

     

               

      

    Art Torres: The big bad wolf!

    ______________________________________________________
        Dump winner-take-all!    Los Angeles Times, October 28, 2007
    The states should divvy up electoralvotes so people

    are more accurately represented.By Alexander Keyssar

    The effort by some California Republicans to alter the way the

    state's electoral votes are distributed in presidential elections

    has been miraculously resurrected.

    The proposal -- which would replace the winner-take-all system

    with an allocation of electoral votes by congressional districts

    had stalled last month in the wake of a strangely surreptitious

    financial contribution to the cause from a Rudy Giuliani backer.

    The proposal had also faced a ferocious assault from Democrats

    (especially Clintonians) who fought it with money, focus groups,

    radio ads and red-hot rhetoric, insisting that the proposed reform

    was nothing but a "power grab" by Republicans, a dangerous and

    blatant ploy designed to rig an election through procedural trickery.

    But now it's back.

    Last week, a new group of experienced organizers said not only

    was it reviving the initiative but it would spend "whatever it takes"

    to get the proposal onto the June ballot. Democrats began crying

    foul again, worried that Republican electoral votes from California

    in the 2008 election could go from zero (under the winner-take-all

    system in this majority Democratic state) to as many as 19 (the

    number of districts that have elected GOP members of Congress).

    But this partisan battle for short-term advantage between Democrats

    and Republicans in California ought not obscure the larger truth:

    The strange method of electing presidents under which we currently

    operate needs to be fixed. The way the system works is, in fact,

    subject to partisan manipulation that could be decisive in a close

    election. Florida. Right now, any state legislature could legally

    decide to apportion its state's electoral votes in almost any way

    it wants -- "winner take all" (the system currently used in most

    states), or by district (as happens in Maine and Nebraska), or in some

    other as-yet-undetermined fashion. In late November 2000, for

    instance, Florida's Republican-controlled Legislature seriously

    considered ignoring the disputed popular vote altogether and

    choosing electors by itself.

    A bit of history suggests that this should not surprise us.

    The winner-take-all system of allocating electoral votes

    -- which we now accept as normal and which awards all of a

    state's electoral votes to the candidate who wins a majority

    of the popular vote in the state -- was itself the product of

    partisan maneuvers, put into place by politicians of different

    parties, including our revered founding father and democratic

    hero, Thomas Jefferson.

    The Constitution drafted in Philadelphia in 1787 said (and says)

    nothing about how a state should choose its electors or apportion

    electoral votes. It leaves that decision to the legislature of each

    state. Not surprisingly, when political leaders were first trying to

    erect the institutions that the founding fathers had sketched on

    paper in Philadelphia, different states adopted different methods

    of choosing presidential electors. In some, the legislatures

    appointed electors by themselves (without holding any popular

    election); others developed a winner-take-all system in which

    they held "general ticket" elections, granting the winning

    candidate all of the state's electoral votes; still others allocated

    the electors by district. Numerous states changed systems

    from one election to the next.

    The most progressive political thinking of the era favored the

    district plan -- because it would most closely link the preferences

    of voters to the selection of electors. As Jefferson observed,

    "All agree that an election by districts would be best, if it could

    be general."

    Yet Jefferson proved more than willing to let partisan advantage

    trump what "would be best." As the 1800 election approached,

    his Republican supporters in Virginia, mindful that their opponents

    in the Federalist Party had won five of the state's electoral votes

    in 1796, replaced the district system with "winner take all"

    -- thereby guaranteeing Jefferson all of Virginia's electoral votes.

    (Massachusetts, the home of Jefferson's rival, John Adams,

    retaliated by entrusting the selection of electors to the Federalist-

    dominated legislature.) A few years later, Jefferson, as president,

    backed away from supporting a constitutional amendment

    mandating a district system throughout the nation -- a strategy

    that would have eliminated the potential unfairness of having a

    district approach in some states and the winner-take-all system

    in others -- because "winner take all" appeared to be benefiting

    his party.

    Indeed, "winner take all" became, and endured as, the primary

    method of choosing electors precisely because of partisan

    dynamics. Regardless of the broader democratic principles at

    stake, dominant parties in nearly all individual states had

    embraced the short-run advantages of "winner take all" by

    1830; since then, few states have had an appetite for dividing

    up their electoral votes while everyone else was using "winner

    take all" -- in part because doing so would appear to lessen the

    state's clout in national politics. (Democrats in Michigan made

    the change in the 1890s and were severely punished for their

    pains after Republicans regained control of the state legislature.)

    National efforts to impose a district plan (or a similar system

    that would allocate electoral votes in proportion to the

    distribution of the popular vote within a state) have occasionally

    garnered widespread support (several times winning passage

    through one branch of Congress), but, so far, partisan opponents

    of such a change have successfully prevented such a

    constitutional amendment from receiving the necessary

    two-thirds vote in both houses of Congress.

    All of which has left us with a winner-take-all system that was

    never voted on or designed as a matter of national policy and

    has numerous intrinsic defects (such as transforming presidential

    elections into nonevents in the many states where candidates

    don't bother to campaign because the outcome is not in doubt).

    We are also left with a constitutional framework that remains

    vulnerable to partisan machinations. That framework, created

    by men of the 18th century who could barely imagine mass

    political parties, permits the rules of the game to be changed

    in midstream by any one state or any collection of states.

    The largest states, of course, would be particularly inviting

    targets.

    If the Republicans truly believe that it would be fairer and

    more democratic to choose electors by district, then instead

    of introducing such plans piecemeal in states where they

    would benefit, they should introduce a constitutional amendment

    to create a national district system -- one that would apply to

    Texas and South Carolina as well as California. And if the

    Democrats truly want to prevent procedural "power grabs,

    " they should sign on to such a proposal -- or offer a

    "proportional plan" or (better yet) actively back a national

    popular election that would eliminate the electoral college

    altogether.

    If both parties worked together on such legislation, jointly

    committing themselves to remedy a design flaw in our

    Constitution, they might even succeed in dissipating a bit

    of the cynicism that the electorate so frequently expresses

    about political parties that seem far more interested in their

    own welfare than the fate of the nation.

    Alexander Keyssar is a professor of history and social policy

    at Harvard University's Kennedy School of Government.

    **************************************************************************

    Will changing the how we elect presidents be the latest California trend?

    BY RHODES COOK       Wall Street Journal

    Wednesday, October 17, 2007       12:01 a.m.

         It would not be surprising if the most important single primary in 2008 takes

    place in California. But don't look for it to be the presidential primary on

    Super-Duper Tuesday Feb. 5. Look instead to the state primary on June 3,

    up to now a low-profile event that could become fraught with significance if

    some California Republicans succeed in getting a highly controversial

    proposition on the ballot.

         If successful, it would ensure the party's nominee 20 or so electoral votes

    from California next fall, even if the GOP candidate loses the state for the fifth

    straight election. And if the 2008 election is as close as the last two have been,

    that could be enough to keep the White House in Republican hands.

         The political weapon of choice for the GOP is a plan that would distribute

    electoral votes to congressional district winners (one per district, plus two to

    the statewide winner of the popular vote) instead of the winner-take-all format that

    nearly every state currently favors. The plan was submitted as a ballot proposal

    to California election officials in July by a law firm that has represented the state

    Republican Party.

         The district plan has been employed for years by two small states, Maine and

    Nebraska, with results consistently the same as winner-take-all. But if the plan

    were applied in California in 2004, the state's electoral vote would have shifted

    dramatically--from 55-0 for Democrat John Kerry (a 10 percentage point winner

    in the state's popular vote) to 33-22 Kerry, with Bush taking one electoral vote

    for each of the 22 congressional districts that he carried.

         In one swoop, Bush would have won more electoral votes in California than he

    did in capturing the highly priced battleground state of Ohio (worth 20 electors).

         And in one instant, the nationwide electoral vote tally would have shifted in

    Bush's favor from 286-251 (with one "faithless" Democratic elector in Minnesota)

    to a more commanding 317-221. The district plan would have transformed

    Bush's narrow Electoral College victory--where Kerry could have won the

    election by taking Ohio--into a decisive triumph.

         If applied nationally over the last generation, the district plan would have

    reversed the outcome of the 1960 election, electing Richard Nixon rather than

    John F. Kennedy, would have produced a 269-269 electoral vote tie between

    Jimmy Carter and Gerald Ford in 1976, and would have consistently tightened

    the Electoral College outcomes in every presidential election from 1960 to the

    end of the 20th century--with the winning candidate losing electoral votes and

    the losing candidate gaining some each time.

         However, in both 2000 and 2004, the district plan would have actually expanded

    George W. Bush's electoral vote margins--from a razor-thin five in 2000 to 38,

    and from 35 in 2004 to 96.

    *****************************************************

    The Hillary's gang of pirates know that this

    initiative will kill her chances to be president! 
    Be aware. Look up "Lincoln Brigade" of the 30/40s.
    Members were the Industrial Workers of the World, "Wobblies",  socialist, and anarchist organizations.
    State Dem group played hardball to kill GOP election system plan

    Carla Marinucci, Chronicle Political Writer

    Sunday, October 7, 2007

     

    They called themselves "The Lincoln Brigade."

    Even as Democrats feared having to spend as much as $40 million for a bruising, bloody fight expected to

    drag on for months, this makeshift group of California Democratic operatives needed just weeks to pummel

    a Republican-funded push for a ballot measure that threatened to change the outcome of the 2008 presidential election.

    The ruthlessly effective battle plan of the California Democrats' group raises the specter that, as the 2008 election looms, Republicans may have to confront a far more aggressive Democratic ground game that has revived the

    old "Clinton war room" philosophy.

    "We need to fight back and not be reluctant - that if they come after you with a knife, to pull out a gun," said

    California Democratic strategist Chris Lehane, former spokesman for President Bill Clinton's White House and

    Vice President Al Gore's 2000 presidential campaign.

    The group took aim at the Presidential Election Reform Act, a proposed California ballot measure that would

    change the way the state apportions its Electoral College votes and likely benefit the Republican nominee.

    After two terms of Republican control of the White House - and angered by what they perceived as a history

    of electoral "dirty tricks" by GOP strategists such as President Bush's key adviser Karl Rove - the Democrats'

    response in California could serve as an indication of what lies ahead in the 2008 battle for the White House.

    "We ran it like a military operation," says Margie Sullivan, a former chief of staff to three Clinton Cabinet

    secretaries who was closely involved in the effort. "You had this SWAT team of talented, hyper-engaged people.

     ... It was: boom, boom, boom."

    Lehane and Sullivan are some of the lead players in the group, which includes many former insiders from the

    Clinton administration. They named their group after the brigade of American volunteers who fought against

    fascism in the Spanish Civil War.

    After events such as the 2000 Florida presidential election recount, the 2003 California recall election that ousted

    Democratic Gov. Gray Davis, the 2004 "Swift Boat" campaign against Sen. John Kerry, "Democrats are waking

    up to reality, " said Doug Boxer, the son of U.S. Sen. Barbara Boxer and a Bay Area consultant who was political

    director for the effort against the ballot measure.

    "It doesn't mean (Democrats are) jettisoning their values system ... but the Clinton administration played hardball

    on a lot of things, and we'd gotten away from that," Boxer said. "We're back to the Clinton era."

    Veteran California Republican strategist Dan Schnur conceded that the recent Democratic effort against the ballot

    measure was astonishingly effective. But he argued that the result - Republican supporters have for the most part

    backed away from the measure - may have been due more to the high stakes and a hunger to get back into the

    White House than brilliant campaign strategy.

    "There's an old saying: Nothing concentrates your attention like the prospect of your own destruction," Schnur

    said. "They correctly identified this as a mortal blow to their Electoral College prospects next year. If they hadn't

    mobilized with everything they had, they would have been signing their own death warrant."

    Interviews with lead players in the effort last week reinforced that scenario: Democrats from local to national levels

    shifted into gear almost as soon as rumors surfaced in May that Republicans might try to "steal the election" in the

    Democratic-leaning state with a ballot measure to benefit the GOP nominee.

    Instead of the winner-take-all system used in all but two states, the measure provided that 53 of California's 55

    electoral colleges votes would go one-by-one to the presidential candidate who wins each of the state's 53

    congressional districts.

    Analysts said such a change could swing about 20 of California's Electoral College votes - about as many as key

    states such as Ohio and Pennsylvania - from the Democratic candidate, who would be favored to win the statewide

    popular vote, to the Republican candidate who could win Republican-dominated congressional districts.

    By the time the GOP-backed group called "Californians for Equal Representation," led by attorney Thomas Hiltachk

    - who has represented Gov. Arnold Schwarzenegger and the state GOP - submitted the ballot measure to the state

    attorney general's office on July 17, the ad-hoc Democratic group was already engaged in a flurry of action.

    Lehane had contacted Sullivan and Tom Steyer, a longtime major party donor and lead fundraiser for Kerry who

    heads San Francisco-based Farallon Capitol.

    "He said, 'We've got to stop this - now' ... and immediately kicked in $150,000," Lehane recalled.

    They roused a crew of party operatives including Peter Ragone, longtime aide to San Francisco Mayor Gavin Newsom,

    who acknowledged that many believed the GOP effort was a longshot.

    But "we'd seen that movie before," Ragone said. "We had learned ... that when Republicans start with these shenanigans,

    you have to hit them hard. Our attitude was: Not in our state."

    The goal, Sullivan said, was to "strangle the baby in the cradle" and kill the ballot measure early, rather than let it

    qualify for the ballot - where it would be much tougher and more expensive to beat.

    As the campaign in favor of the measure prepared to circulate the petitions and get the voter signatures needed to

    qualify it for the ballot, Doug Boxer contacted every major Democratic elected official from mayors to state legislators

    to California's U.S. senators and urged them to speak publicly against the Electoral College plan.

    Steyer and Sullivan hit the phones, rounding up financial backing and commitments from deep-pocketed donors like

    Nancy Parrish, a leading supporter of Sen. Hillary Rodham Clinton's presidential campaign and Hollywood producer

    Norman Lear, who put up $50,000. Also at the ready: producer Steven Bing and major Democratic donor and developer

    Walter Shorenstein, Sullivan said.

    Pollster Paul Maslin's early focus groups found that a slim majority of Californians initially backed the Republicans'

    call for an end to "winner take all," so the Democrats began a daily drumbeat aimed at the media - press conferences,

    meeting with the state's leading editorial boards and outreach to Internet Web sites and blogs.

    The Democrats wanted to "tell our side of the story" additionally through TV and radio ads to erode public support

    and scare off potential GOP donors, Lehane said.

    At one point, "Norman Lear pitched in on a script change," Lehane said. "That made us nervous ... it's was kind of

    like Picasso giving you advice on painting."

    Frank Russo, publisher of the California Progress Report, a popular Democratic Web site, said the strategy achieved

    "a clarion call that went out to all the troops," prompting netroots activists such as the Courage Campaign and Daily

    Kos loyalists to pound the issue to the grassroots. "It was like the old Who song: We won't get fooled again," he said.

    Democratic National Committee Chairman Howard Dean flew to San Francisco for a press conference with labor leaders

    to "make it very clear from the beginning that the new Democratic Party is not going to take it lying down - we still stand

    and fight," said DNC spokesman Karen Finney.

    Editorial boards lined up against the measure. Then came a turning point - Schwarzenegger's public slap at the measure,

    which he said suggested a "loser mentality" by his party and an attempt to change election rules in the middle of the game.

    Democrats still felt they had a big challenge: unmasking the money people behind Hiltachk's group - which by early

    September had said it had collected 40,000 signatures to put the measure on the June 2008 ballot.

    Many of the original backers of the GOP ballot measure also were supporters of GOP presidential candidate Rudy

    Giuliani. Then came the news that the single $175,000 contribution to Hiltachk's Sacramento group was from a separate

    organization run by a Missouri GOP attorney named Charles Hurtt III - another Giuliani donor. But Hurtt's group wouldn't

    reveal its donors.

    Democratic attorney James Harrison announced the party would file a complaint with federal election officials alleging

    money laundering - and the state's Fair Political Practices Commission acknowledged looking into the issue.

    Quickly, the GOP ballot measure drive collapsed. Hiltachk resigned - as did his group's spokesman, Kevin Eckery and

    the chief fundraiser, Marty Wilson. They said they didn't want to accept money from anonymous donors - and support

    and funding had dried up for the measure.

    In the last week, the money man behind the Missouri group was revealed to be Giuliani policy adviser and top fundraiser,

    billionaire New York hedge fund executive Paul Singer. That has prompted Harrison to pledge that Democrats will continue demanding answers regarding Giuliani's links to the effort - right into the 2008 primary season.

    Eckery, the former spokesman for the ballot measure group, said that while the experience served as "a tune-up for the

    Clinton machine in California," Democrats shouldn't get overconfident from the result.

    "Politics is a contact sport," he said, "and the presidential election is the Super Bowl."

    Cast of characters

    Some of the key Lincoln Brigade players and their Clinton connections:

    Chris Lehane: former White House spokesman for President Bill Clinton and 2000 spokesman for Al Gore's presidential

    campaign. Lehane is supporting Hillary Rodham Clinton's presidential effort.

    Doug Boxer: consultant and son of U.S. Sen. Barbara Boxer of California.

    Tom Steyer: founder of San Francisco's Farallon Capital Management, one of Sen. Clinton's biggest donors and a

    leading fundraiser for 2004 John Kerry campaign.

    Margie Sullivan: Farallon Capital management analyst, Democratic fundraiser and former chief of staff to three U.S.

    Cabinet secretaries during the Clinton administration.

    Ari Swiller: Democratic fundraiser and "kitchen cabinet" insider of Los Angeles Mayor Antonio Villaraigosa, a Hillary

    Clinton backer.

    Peter Ragone: a former aide in the Clinton administration and Gore spokesman. He is former spokesman for San

    Francisco Mayor Gavin Newsom, a Clinton endorser.

    Bill Carrick: longtime Democratic strategist for U.S. Sen. Dianne Feinstein, who has endorsed Hillary Clinton.

    Paul Maslin: veteran Democratic pollster, formerly for Democratic National Committee Chairman Howard Dean and

    now for New Mexico Gov. Bill Richardson, a Democratic presidential candidate.

    Sean Sullivan: opposition researcher formerly with the San Francisco firm of Averell "Ace" Smith, who is now

    Hillary Clinton's California campaign manager.

    E-mail Carla Marinucci at cmarinucci@sfchronicle.com.

     

    Sept 2, 2007
                              SFGate by Matthew Yi