CALIFORNIA FOCUS
FOR RELEASE: FRIDAY, NOVEMBER 29, 2013, OR THEREAFTER
BY THOMAS D. ELIAS
“THE NEED FOR INITIATIVE VOLUNTEERS”
There is little doubt about the
historical veracity of one statement in the text of a recently vetoed
California law that would have required at least some signatures for ballot
initiatives to be gathered by volunteers instead of paid workers:
“The voters amended the California
Constitution to reserve for themselves the power of the initiative because
financially powerful interests, including railroad companies, exercised a
corrupting influence over state politics.”
In fact, the initiative process did
work that way for quite awhile. The best example might have been the so-called
Clean Environment Initiative of 1972, a measure that lost – but whose goals
have almost all been achieved: a moratorium on new nuclear power plants in
California, taking lead out of gasoline and many more provisions now taken for
granted.
That initiative, organized by the
populist People’s Lobby group headed by the legendary (among initiative
aficionados) Ed and Joyce Koupal, is considered the start of the modern
initiative era because it opened up shopping malls to petition carriers.
That came after San Bernardino County
sheriff’s deputies kicked volunteers out of a mall, and a lawsuit ensued,
upholding their right to be there.
Soon after, then-Gov. Ronald Reagan
ironically invited the Koupals to meet with him and explain the initiative
process. Their meeting bore strong irony because Koupal once led a drive
to recall Reagan. But Reagan listened, and soon qualified a tax-cutting
initiative for a special election ballot in 1973. That one also lost, but its
goal was realized five years later via the Proposition 13 property
tax limits.
Reagan’s ballot drive was the first to
use significant numbers of paid petition carriers, with corporations, labor
unions and big money interests of all types realizing they also could play
the initiative game.
Within just a few years, tobacco
companies, oil companies, electronics companies, labor unions and many other
types of organizations had small armies of petition carriers pushing many
different types of causes.
At first, paid carriers got about 25
cents per signature; more recently, some have been paid upwards of $5 per valid
name. Initiative petition drives now often cost millions of dollars. It’s
become a political truism that anyone with the money to run a petition campaign
can qualify just about anything for the ballot, with virtually no need for
popular ideas that can draw volunteers.
So much for the original purpose of
taking power away from “financially powerful interests.”
Enter the vetoed bill, which passed
the Legislature as AB 857. It demanded that least 10 percent of petition
signatures be gathered by unpaid workers. That would have been a start toward
ensuring that all future ballot measures enjoy at least a modicum of popular
support before going to the voters.
The problem Gov. Jerry Brown zeroed in
on when vetoing it: labor union members working for an initiative would have
been classified as volunteers. That, he felt, gave unions too much of an
advantage over other interests.
Some Republicans contended the
definition would give a lasting advantage to labor. But there was also
nothing to prevent groups on the right from sending their own members out to
gather significant numbers of signatures. You can be sure the various Tea Party
organizations would have taken heed.
The bill summed up its goal this way:
“Improving the measure of public support for a proposed initiative will
increase the public confidence and protect the integrity of the initiative
process…this is more consistent with the intent of the voters in reserving (to
themselves) the power of the initiative.”
This would not have been a panacea for
ballot measures. Big money could still have had plenty of influence in the
process. The need now is for sponsoring Assemblyman Paul Fong, a Concord
Democrat, and others not to give up, but to make their definition of who is a
volunteer a bit more pure. Then this needed improvement will probably pass
muster with Brown and make a start toward returning initiatives to the populist
purpose for which they were always intended.
Email Thomas Elias at tdelias@aol.com. His book, "The Burzynski Breakthrough: The Most Promising Cancer Treatment and the Government’s Campaign to Squelch It," is now available in a soft cover fourth edition. For more Elias columns, visit www.californiafocus.net
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