Tag Archives: Term limits

Arnold Jumps Aboard The Prop. 93 Train

Well that’s… interesting.

oftening his past opposition to changes to California’s term-limits law, Gov. Arnold Schwarzenegger is endorsing a February ballot measure that would allow many sitting lawmakers to run for office again this year rather than be forced to leave the Legislature.

Schwarzenegger, who as a candidate in 2003 supported California’s existing term-limits law as a shield against “special interests” obtaining too much power, reversed himself in an essay released today that said the original law “went too far.”

“Under the current system, our elected officials are not given the time they need to reach their full potential as public servants,” Schwarzenegger wrote in an essay to be published in The Times on Tuesday. “Imagine what would happen if we told a big-city police chief or a sheriff he could stay in the job just long enough to start mastering it and then had to move on.”

The op-ed announcing the endorsement is here, and it amusingly includes the line “It takes time to learn how to govern effectively.”  You said it, Arnold, not me.  Also, considering you’re in your fifth year, what’s your excuse?

The No on 93 campaign is kind of freaking out about this, calling it the result of a “deal on healthcare.”

Discuss.

A discussion with Steve Westly on Prop 93

(Brian’s Disclosure)

Recently, I had the chance to sit down, errm, stand up, with former state controller (and former eBay exec, and former gubernatorial candidate, and current green venture capitalist) Steve Westly about proposition 93. Mr. Westly had an interesting take, which I think you’ll see from these videos. You can play through all of them in a row, or watch just one by selecting a video from the playlist.

California Initiative Update

I just saw the first ad for Yes on 93 on cable; you can view it here.  The No on 93 folks also have a couple ads cut; they’re available here.

Unfortunately, it’s going to be very hard for both sides to get their message out.  Not only are we going to start seeing at least some resources from the Presidential candidates at some point, but the tribal gaming initiatives are due to swamp every other ballot measure and take all of the oxygen out of the room.  I’m already sick of their ads.

On Friday, the Pechanga Band of Temecula, one of the big four tribes who stand to gain from passage of Propositions 94 to 97 and 17,000 new slot machines, contributed $30.8 million in support of these propositions. This brings the total to the yes on 94-97 campaign to $68 million dollars, dwarfing not only the amount raised by opponents who seek to overturn the legislature’s approval of the slot machine compacts. But all contributions made on the other ballot measures being considered February 5, 2008-including term limits.  

This may be only the beginning of money spent, almost exclusively by the tribes on the yes side.

The second largest amount of money on ballot propositions in this cycle is on the “no” side of the Prop 94-97 gambling propositions, and most of it also comes from tribes-those who are not part of the arrangement with the four tribes. At least $11.5 million of the opposition funding comes from “Tribes for Fair Play” out of what appears to be $28 million raised in opposition. There is substantial money- millions each from race tracks and labor that make up the balance. A significant portion of the money raised by opponents was spent on qualifying the four referenda for the ballot.

Russo moved the number down to $54.5 million after further study.  But that’s still at least five times of what any other proposition has.

So it’s unclear who this helps, but to the extent that people are thinking about the ballot initiatives at the polls, it won’t be Props. 92 or 93, it seems.

Prop 93: The battle of the Steves

Steve Westly and Steve Poizner have a remarkably similar background. Both made their fortunes during the DotCom heyday and then used those fortunes to get into politics. Both have tended towards moderate for their respective parties. Well, the two are now squaring off over Prop 93. It’s actually quite entertaining, even if I weren’t working for Yes on 93 (Disclosure).

In the Merc today, the stage was set for what could reasonably be a potential matchup for the governorship:

The battle over Proposition 93, the proposal to loosen term limits, has suddenly become a potential preview of a matchup of two Silicon Valley multimillionaire entrepreneurs with gubernatorial aspirations. Steve Westly, the former state controller who lost in last year’s Democratic primary for governor, said Monday that he will throw his name and money behind Prop. 93, six weeks after Republican Insurance Commissioner Steve Poizner took over the No on 93 campaign and contributed $1.5 million of his own money to defeat the proposition.

Westly played down any further political ambitions — or a potential clash of Silicon Valley titans. “I’ll make a decision next year about whether 2010 is the right time for me, and my family, to run again,” said Westly, responding to an interview request by e-mail. “This initiative isn’t about Steve Poizner or myself, it’s about how we best prepare California to be successful in the future.”(CoCo Times 12.18.07)

Now, it’s reasonably clear to anybody who’s ever observed Poizner that he’s not a bottom of the ticket kind of guy. He’s looking to be governor, and I think it’s reasonable to say the same for Westly. What isn’t so clear is whether Westly would be interested in running again. Either way, this little back and forth in LATimes.com’s Dustup feature is quite entertaining. Yesterday the two Steves discussed whether Prop 93 would make a “good law” better. Poizner says that 93 would not be in the spirit of Prop 140 from way back when, while Westly disagrees. They also seem to be arguing about the meaning of some nonpartisan report.  (By the by, this site is officially nonpartisan. So, I expect random politicians to quote Robert or Dave and argue over what they are saying. Oh, and Dan Walters. But I suppose we are generally pretty clear, huh? Maybe we should focus on ambiguity, and we’ll appear in lots more newspapers and TV reports.)

They just posted today’s “dustup” between the two, with the question being “Have they broken career politicians’ power monopoly in Sacramento or just sped up the game of political musical chairs?” My comment, which I posted quite a while ago, but is still apparently waiting in the moderation queue, discusses the parable of Richard Alarcon.  He went from Senator to Assemblyman to City Councilman in about 4 months. Oh, and I suppose I should also mention that he also ran for Mayor against Villaraigosa and Hahn in 2005. If the legislators constantly have their eyes on the next job, how are they learning and growing in the one they’ve got?

Is Perata Nixing Health Care Reform?

In light of the projected $14 billion budget shortfall, Senate leader Don Perata said late yesterday “‘it would be imprudent and impolitic to support an expansion of health care’ before addressing the state’s budget deficit and its impact on existing programs.”

Meanwhile, Fabian Núñez is “so confident that we will be successful in reaching agreement that I have called for the Assembly to meet on Monday, December 17 in order to take up and pass AB 1X.”  So where are we actually heading on this?

Governor Schwarzenegger is calling for 10% spending cuts across the board in response to the budget shortfall that everyone knew was coming.  And as Dave points out, this means everyone who can’t afford to live without government gets screwed while the rich continue on their merry way.  It also means that next year’s budget fight will likely turn this year into the good ole days of budget wrangling.  And if Perata is serious about not passing anything as long as there’s a shortfall, then we ain’t passing anything for a while cause the shortfall isn’t going anywhere.

But before we even get to that, we find out whether all the extended sessions, coalition-shredding wars over an acceptable level of health-care (I’m looking at you Shum/Maviglio), time, money and both literal and cyber ink may end up coming to nothing because Don Perata can’t see spending on an important mandate when the political leadership in Sacramento can’t figure out how to balance a budget.

This is ultimately going to encapsulate most of the Calitics greatest hits from the past year; starting with health care, this runs through privatization, water usage, high speed rail and transportation, prison reform, Núñez pecadillos, labor relations, term limits, clean money, taxes, and the 2/3 rule.  Because it all runs back to the ability of people to get elected and pass a budget.

Most of all, it’s likely to reinforce the absurd lack of strong, public political leadership in this state.  There are no advocates.  Nobody has tried to convince me to sacrifice.  Nobody has tried to convince me of the inherent wisdom in a program that I might not otherwise think was a good idea.  The art of the possible is starting to discover that, as it turns out, not very much is possible with a $14 billion shortfall and no bold attempts at change.

Perata’s statement closed by saying “The real issue now is the deficit and how this squares with everything else that we are going to do.”  Everything is back up for debate.  Now that we’re staring at the very real possibility of getting less than we started with, it might not be such a bad time for a return to the fundamental principles of budgeting and state spending.  I’m not sure it could end up much worse.

Frank Russo: Term Limits as Sole Motivation?

(Sorry to interrupt the anti-Blackwater high. This article was written by Frank Russo, and originally appeared at California Progress Report. Disclosure: I do some work for Prop 93. Frank does not. – promoted by Brian Leubitz)

I was taught in law school to treat with suspicion and closely examine any sentence that starts off with the phrase, “It is clear that…” and assertions made without evidence. We know from history that big lies are repeated often enough that they are accepted for the truth.

Every time this year that it appears that the legislature has gotten close to a deal on health care or water or actually made progress on some pressing issue Californians care about, there is an eruption of bald faced statements that “They’re just doing that because of term limits” from the nattering nabobs of negativism.

As we are getting close to the end of this year, I’ve asked a dozen or more observers of the Sacramento scene, what would have been different this year had a proposition to change term limits not been placed on the ballot. The folks I’ve talked to include many who are cynical about the political process–yet none of them have been able to come up with a good answer.

I submit to you that we would have had the same dynamic and the same results had term limits not been on the ballot. The Governor would have had the same insistence on a health plan that’s never had a single legislator supporting it or willing to introduce it. He would have the same position on SB 840–the single payer bill the legislature passed in 2006 and would have vetoed it, as he did to AB 8, the health bill that passed this year. He would have the same position on water and we would be at loggerheads over what to do. We would have had the same budget stalemate. The same bills would have passed and the same bills would have floundered.

The chattering started with the introduction of the bill to move the presidential primary from June to February 5. Taken a look at the political calendar for 2008 lately? It would have been pretty lonely having our contest in June. Did all those other states move their primaries because of term limits too? Would we have moved our primary up had the sugar plums of term limit changes not been in the heads of our legislators? Or would we have left it in June when it would have been like a beached whale without meaning? In past elections cycles, California has moved our presidential primary up to an earlier date. Why did we do it then?

Last year–2006–the legislature adopted an on time budget. When there was a move to try to get a budget on time this year, the tongues of some started wagging about the Democrats in the legislature–“They’re going to cave to the Republicans and sell us out, just to get a budget because of term limits.” We all know what happened.

One denizen of the Capitol surmised there may have been one consequence of term limits being on the ballot. With all this talk about Democrats single-minded about term limits, it may have hardened Senate Republicans into thinking they had a good hand to play and led to the crazy hold up of the budget by the gang of 15 figuring the Democrats would jettison Attorney General Jerry Brown’s ability to enforce California’s environmental laws to appease them and look good for those February voters. But in the next breath he said, there’s no proof of that either.

There may yet be a deal on health and water. But it seems to me that if term limits were uppermost in the motivations of our lawmakers that these would have been sealed in the regular session and certainly earlier than the holiday season. It’s a little late for these to have a major impact on the term limits proposition–with most of the fundraising, support and opposition of organizations, and the like already set. The budget would have been passed in June–before they were dragged through the mud, too.

On the contrary, in milieu of money politics and despite the siren song of Proposition 93, the Democrats have held to the course they would have taken in its absence. The California Correctional Peace Officers, the state’s prison guards were an early contributor to the yes side on term limits changes, but have publicly stated that they have shifted to the no side which they are heavily funding precisely because the legislature in the final hours of the regular session did not pass a stealth bill to deal with contractual problems they have had with the Schwarzenegger Administration.

Do politicians want to win? Sure they do. They want to be popular with the voters. They want to be loved–and appreciated. That was the same in 2006, an election year when they passed global warming legislation, an increase in the minimum wage, and other significant legislation. They’re trying to do the same on very difficult and complex issues–health and water–that have bedeviled many prior legislative bodies here and in other states. Seems to me that their detractors want to have it both ways–if they are successful to dismiss it as improperly motivated–and if they fail to deride them as well for not accomplishing in those areas. Heads I win, tails you lose.

I am voting for Prop 93, not because of its effects on the current crop of legislators, but because of my philosophical beliefs that voters should be able to elect and re-elect those they wish and that those in other districts shouldn’t be able to limit my choice if I am satisfied with my state Senator and Assemblymember. Also, because I’d like to see more experienced legislators based on my observations before and after term limits went into effect. We have one of the most restrictive term limits laws in the nation. I’d like to see legislators with some serving up to 12 years in their house so there will be a longer vision about California.

Those are the public policy reasons I’m basing my vote on, not the mud that is being thrown by those who make allegations without evidence.

One-Sided Negotiations

Boy, if you managed to stumble upon pages M8 and M9 of Sunday’s LA Times yesterday, you sure picked up a great deal of information.  On M8 was our buddy Robert’s excellent critique of the Times’ coverage of tax policy.  And on M9 was a column by Anthony York of Capitol Weekly, which seeks to explain why legislative Democrats appear to be negotiating with themselves on health care reform.  We learn that the Governor is basically holding his endorsement of Prop. 93 hostage in exchange for getting his way on health care.

Nuñez is scheduled to be termed out of the Assembly in November. If Proposition 93 passes, however, he could serve in the Assembly — and presumably as speaker — for six more years. If the measure fails, Nuñez would immediately become a lame-duck speaker, and talk of a successor would begin Feb. 6.

That’s why he desperately needs Schwarzenegger’s endorsement of Proposition 93. Most observers believe that voters will defeat the measure if it lacks the governor’s seal of approval.

But Schwarzenegger’s support comes at a price. The governor has consistently used Nuñez’s desire to change the term-limits law as leverage in his negotiations with the speaker about healthcare reform, and it seems to be paying off.

over…

We all suspected this was the case, but this appears to be more informed than opinion.  So now we have a negotiation that’s going to affect millions of Californians being predicated on the political career of one man.  Nuñez is completely compromised, not only by needing to get a legislative victory to tout to the electorate, but by receiving the Schwarzenegger endorsement.  Personally, I’m unconvinced that his endorsement is such a slam-dunk; it sure wasn’t in 2005.

We see the direction that the negotiations have taken.  First the Democrats were fully opposed to an individual mandate.  Then they agreed to a mandate with cost controls (exemptions if coverage costs more than 6.5% of income).  Then they’ll drop that number.  First the plan was that businesses would pay 8% in fees; then it became a sliding scale up to 6%; then it’ll be down to 4, or 3, or really whatever the Governor wants.  This is no way to negotiate.  The Governor has absolutely no reason to budge off his numbers.

The Governor clearly cares about leaving a legacy on healthcare reform, and a smart negotiating strategy would tie that legacy to specifics that could not be compromised.  But that’s clearly not how it’s being waged.  And York even explains how a savvy negotiator could turn this right around.

If a (health care funding) plan ends up on the ballot, it would be a tough sell. All previous healthcare initiatives have been defeated. And with current budget forecasts for 2008 putting the revenue shortfall at $10 billion, an expensive reform plan — some estimates put the price tag at $12 billion — would face even more trouble. To win passage, Schwarzenegger will need help from unions and Nuñez. But if Proposition 93 fails in February, the lame-duck Nuñez could be ousted as speaker, losing his bully pulpit to campaign for reform.That would leave Republican Schwarzenegger as the face of a campaign relying heavily on unions and other Democratic-friendly groups while confronting stiff opposition from many business groups.

The Governor actually needs the Legislature as much as the Legislature needs the Governor.  But that’s not how the battle is being fought, because the Democrats have decided to put themselves in a position of weakness.

Fresno Bee’s bizarre logic on Prop 93

Disclosure: I do some work for Yes on 93.

In today’s Fresno Bee, the editorial board takes a whack at Prop 93. Fair enough, I can handle a little criticism. But I’d like to go through this a little bit.

Term limits should be changed. They haven’t worked as well as voters once hoped. The net effect of term limits has been to reduce the experience level of those who serve in Sacramento, elevate the role of special interests and their lobbyists, and turn electoral cycles into an unending marathon on fundraising and focusing on the next job, rather than on California’s increasingly serious problems.(Fresno Bee 12.3.07)

Now that’s something I can agree with, and something that I’m guessing most progressives would agree with. So, a reasonable start there. But then they get into their hang up: redistricting. Why are term limits and redistricting related? Why because the governor said so of course! Silly Californians.  And boy are these guys angry about the lack of movement on redistricting!

If it is passed, Núñez, Perata and many other incumbents could run for re-election in the June primary. Many of them would still be around when the time comes, after the 2010 census, to draw the legislative boundaries again. That’s a recipe for preserving the gerrymandering that currently makes a mockery of state elections.

But this message is a bizarre one. Basically they want to keep the merry go round spinning until they find a group of legislators that wants to, I don’t know, bend to their superior logic or something. What evidence do they have that any new set of legislators would get with the Fresno Bee program? Well, none, and furthermore Speaker Nunez wasn’t even in the legislature when the current lines were drawn. They present no evidence that anything would change if we have new leadership, and it’s doubtful that it would. But, they don’t like Núñez and Perata, so boo to them, and boo to Prop 93.

But ultimately Prop 93 isn’t about Núñez, Perata, or any other current legislator. It’s about trying to get a system that will work better for the state of California.  The Bee decries the current system, but when somebody tries to change it, they get blasted for not towing to some other random issue.  

So, the question for the Bee is this: Would you really have supported Prop 93 if there was a redistricting proposal? Would that have made everything all hunky dory, or would there have been some other issue? I guess we’ll never know, but I have my ideas on the subject.

Skelton vs. CGS

Disclosure: I do some work for Yes on 93.

In the LA Times today, George Skelton took on a basic assumption of the CGS study (PDF) on Proposition 93. Specifically: 

There's a new theory being raised about legislative term limits and it may be the nuttiest notion yet. It is this: The longer someone serves in the Legislature, the more likely that person is to become corrupt. (LATimes 11.29.07)  

Much of the CGS study is, in fact, focused upon this. That somehow term limits are a good thing because they prevent corruption by long-serving legislators. But that's far from a verifiable fact: 

That's like saying the more years someone puts in as a pharmacist, the more likely he is to start peddling illegal drugs. Or, that a commuter's repeated trips to a parking garage could turn him into an auto thief. My theory always has been that you're either a car snatcher or you're not. It doesn't matter how much time you hang around cars. Likewise, filling blood pressure prescriptions doesn't make you a crack dealer.

 
Look, it doesn't take much experience to sell your vote. The lobbyists are there from day one, I assure you that they know how to buy votes if they so desire. The dirty lobbyists are really the ones who need to be skilled, they just bring the legislator along for the ride. And where are the term limits for them? That would be a clever idea I suppose, but I don't see that on Poizner's wishlist, or well, being legal. But, in the end, this is the basic truth:

But trying to cast term limits as a cleansing agent for corruption is a comical reach.

 
By the way, speaking of Poizner, he says (I really hate linking to Chris Reed, but oh well)

"I would rather all 501(c)4s disclose" the source of their money, he said. Poizner said he has "no idea" who gave the $1.5 million to U.S. Term Limits. America's Finest Blog

But no need to actually make sure that U.S. Term Limits actually does disclose, b/c you know, that's "good money."

Prop 93: Skelton vs. CGS

Disclosure: I do some work for yes on 93

Our Dear Insurance Commissioner Steve Poizner is bothered by corruption, but only the kind that doesn’t help him, or so it seems.  On the $1.5mil that was donated by U.S. Term Limits, he says (unfortunately, I’m going to link to America’s “Finest” Blog, which by the way, doesn’t let you deep link with any ease. Very annoying.)

“I would rather all 501(c)4s disclose” the source of their money, he said. Poizner said he has “no idea” who gave the $1.5 million to U.S. Term Limits.

But no need to actually make sure that U.S. Term Limits actually does disclose, b/c you know, that’s “good money” and corruption doesn’t come from good money.  Speaking of corruption, in the LA Times today, George Skelton took on a basic assumption of the CGS study (PDF) on Proposition 93. Specifically:

There’s a new theory being raised about legislative term limits and it may be the nuttiest notion yet. It is this: The longer someone serves in the Legislature, the more likely that person is to become corrupt. (LATimes 11.29.07)

Much of the CGS study is, in fact, focused upon this. That somehow term limits are a good thing because they prevent corruption by long-serving legislators. But that’s far from a verifiable fact:

That’s like saying the more years someone puts in as a pharmacist, the more likely he is to start peddling illegal drugs. Or, that a commuter’s repeated trips to a parking garage could turn him into an auto thief.

My theory always has been that you’re either a car snatcher or you’re not. It doesn’t matter how much time you hang around cars. Likewise, filling blood pressure prescriptions doesn’t make you a crack dealer.

Look, it doesn’t take much experience to sell your vote. The lobbyists are there from day one, I assure you that they know how to buy votes if they so desire.  The dirty lobbyists are really the ones who need to be skilled, they just bring the legislator along for the ride.  And where are the term limits for them? That would be a clever idea I suppose, but I don’t see that on Poizner’s wishlist, or well, being legal. But, in the end, this is the basic truth:

But trying to cast term limits as a cleansing agent for corruption is a comical reach.