by Randy Shaw on May 13, 2024 (BeyondChron.org)
Decimating Local and State Government
Last week, oral arguments were held in Governor Newsom’s legal challenge to a draconian November ballot measure with dire implications for California. It did not go well. It appears the California Supreme Court will keep the so-called “Taxpayer Protection Act” on the ballot, unwilling to rule on its constitutionality unless and until voters have approved it.
The Supreme Court’s reluctance to remove a measure from the ballot is understandable. But it means a huge amount of progressive resources will have to be spent opposing a California initiative rather than on other local, state and national priorities.
Here’s why the initiative reshapes California’s November elections. And why its defeat cannot be taken for granted.
$100 Million on Lies
Tired of losing elections, business groups decided to make an end run around majority rule. Their proposed initiative significantly reins in the taxing power of both legislators and voters. They are so committed to denying majority rule that the initiative voids ballot measures passed by voters since 2022,
That’s right. Taxes approved by voters with less than 2/3 vote since January 2022 will be retroactively voided by this ballot measure.
That’s among the reasons its described as draconian. Full details can be found here, https://www.taxpayerdeceptionact.com/about.
The California Business Roundtable (CBRT) and its allies plan to raise $100 million to support their initiative.
The measure requires voter approval for any increase in state and local taxes or fees. As Justice Goodwin Liu stated at the court hearing, “the measure was so far-reaching that it could require local lawmakers and voters to approve their city’s park fees and library fines.”
If San Francisco needs to raise arboretum fees by $2 for non-resident visitors to Golden Gate Park, should a ballot measure be required? This measure says yes.
Can the Measure Pass?
If you think there is no way such a draconian measure could pass in heavily Democratic California, think again. And I say that knowing that this existential threat to California government will get an all-out response.
But here’s the problem: a lot of Democratic money and activism is already earmarked for the presidential and House races. Commitments of money and people have also been made to local races (think how many there are in San Francisco alone). Now additional resources must be found to defeat a ballot measure backed by potentially $100 million in campaign funds.
Californians in presidential election cycles often do not pay close attention to state ballot measures. Consider Prop 8 in 2008. California voted by a 52% margin to eliminate the right of same-sex couples to marry. This occurred when Barack Obama was on the presidential ballot.
Many assumed that the Obama voter turnout wave would assure Prop 8’s defeat. But many voting for Obama did not pay much attention to state measures. Prop 8’s prospects were increased by Obama voters’ attention being diverted to other races.
Or consider Prop 22 during the Biden-Trump election cycle of 2020. Prop 22 passed with 59% of the vote, allowing Uber and Lyft to classify their drivers as “independent contractors”, rather than “employees.” How did Prop 22 win? It outspent opponents roughly $189 million to $16 million. The Yes on 22 ad campaign convinced voters that Prop 22 was better for workers and many voters, not having time to fully study the initiative in a busy election cycle, bought the argument.
Prop 22 and Prop 8 offer a warning: never take the outcome of a California ballot measure for granted. Particularly when attention is focused elsewhere during a highly focused presidential election.
Local and state groups opposing this Taxpayer Deception should to do more than endorse the “No” side. “No” should be highlighted on all slate cards. This should happen without requiring the No campaign to pay extra for the boost, as is customary.
I’m already hearing about California Democrats planning to go to Michigan, Arizona, Nevada and other “swing” states to help defeat Trump and re-elect President Biden. Hopefully enough will stick around to provide the people power necessary to defeat this $100 million taxpayer deception
There may be a counter-measure on the ballot that requires the Taxpayer Protection Act to get a 2/3 vote. That would certainly help.
I’ve never understood how Prop 13 was upheld despite allowing a less than 2/3 majority vote to require a 2/3 vote for future tax measures. 51% of voters should not be able to mandate future 66.7% approvals.
The Taxpayer Deception Act continues this anti-majority strategy and should be defeated for that reason alone. Please help spread the word about this threat to California’s future.
Randy Shaw
Randy Shaw is the Editor of Beyond Chron and the Director of San Francisco’s Tenderloin Housing Clinic, which publishes Beyond Chron. Shaw’s latest book is Generation Priced Out: Who Gets to Live in the New Urban America. He is the author of four prior books on activism, including The Activist’s Handbook: Winning Social Change in the 21st Century, and Beyond the Fields: Cesar Chavez, the UFW and the Struggle for Justice in the 21st Century. He is also the author of The Tenderloin: Sex, Crime and Resistance in the Heart of San Francisco
