Michael Salerno, a professor at UC-Hastings, thinks that the Democrats do not need a 2/3 vote of the Legislature to get the tax extensions on the ballot:

While the state constitution requires a two-thirds vote to raise taxes, a proposal to extend taxes by placing the question on the ballot would not raise taxes – it would leave that question to the voters. Because the constitution is silent, it does not limit the ability of the Legislature to place a measure on the ballot effective only if approved by the voters. The Legislature has that power.

However, if the Legislature passed a resolution to place the extensions on the ballot without further action, the question would appear on the next regularly scheduled election in 2012. Obviously, this would not address the current crisis, which needs near immediate action. The Legislature may pass a bill by a majority vote to call a special election at the earliest time that is logistically feasible. If signed by the governor, that bill would take effect immediately. Why would it take effect immediately? Again, the answer is in the constitution – a bill calling an election is one of the few instances the constitution specifies that goes into immediate effect with a majority vote.(SacBee)

At which point do we give up looking for political cover to get a sane budget through?  I understand the political reasons for the Governor’s caution.  Democrats, taxes, yeah, I get it.  But there has to be a time where we just ask the people of California what kind of state that they really want to live in.  A state for the super rich? Or one for all Californians to succeed and thrive?

Salerno’s legal take on the issue is sound, though sure to be quickly tested in the courts.  To be honest, we really can’t wait much longer.  Brown and the Democratic leaders in the Legislature need to make up their minds as to whether they think getting Republican votes is a viable option within the next couple of weeks.  If not, we need to adopt some more creative solutions, whether Prof. Salerno’s plan or otherwise.