What a week! Three big victories in California will keep us safer from dangerous doctors, toxic polluters and privacy invasions, but we only got there thanks to your support.

State Senator Curren Price and Assemblyman Richard Gordon proposed yesterday to strip the California Medical Board of its authority over physician discipline. The physician-run Board has let dangerous doctors keep practicing as investigations take years to complete. You joined us, and families who lost loved ones to reckless prescribing, when we called for a transfer of doctor investigations to impartial prosecutors at the Department of Justice.

Senator Price said it all when he told the LA Times he proposed cutting the Board’s power because, “I don’t want anybody else to die.” With your help we’ll keep the pressure on in Sacramento to make this reform a reality.

On Wednesday, the state’s top toxics regulator shut down the state’s largest battery recycler, Exide, for leaking lead, arsenic and other toxins into the surrounding community for more than two decades. The action came only after Consumer Watchdog exposed endemic failures at the Department of Toxic Substances Control to prevent pollution and punish serial polluters in our report, Golden Wasteland. Nevertheless, Californians could be on the hook for millions in clean-up costs because the DTSC never required the company to put money away for cleanup.

Rounding out this week’s trifecta was a rare reversal by Google on the privacy front: The internet giant quietly stopped sharing consumers’ private emails and addresses with app developers that use its Google Play store. The reversal came after a Consumer Watchdog complaint to the Federal Trade Commission and California Attorney General Kamala Harris that Google was not only violating consumers’ privacy, but violating its own agreement with the FTC not to share information without consumers’ permission.

And this breaking news: This morning, the Court of Appeal sided with us to reject Mercury Insurance’s attempt to throw out a case the company has delayed for nearly a decade. The suit would hold Mercury accountable for charging illegal broker fees to consumers. We are fighting that battle on a second front before an administrative judge in San Francisco right now.

So that’s really four big wins this week. Thanks for sharing them with us.

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Posted by Carmen Balber, Executive Director of Consumer Watchdog.  Follow Consumer Watchdog on Facebook and on Twitter.

Last month, at an emotional in hearing in Sacramento and in a San Francisco Chronicle op-ed, we called for the state agency that oversees doctors to become a stronger regulator or to go out of business.  The Legislature has to renew the doctor-run medical board every ten years, and that’s this year. Sacramento apparently agrees with us.

After an emotional outpouring from families who lost their love ones to dangerous doctors, and thousands of emails from Californians, the chairmen of the Senate and Assembly Business and Professions Committees sent a message.  The Los Angeles Times is reporting that chairs Curren Price and Richard Gordon have written the medical board to state that they will not reauthorize the board unless it commits to major changes.

This is a big and important step toward strong patient protections in this state. The California Medical Association has for too long stymied real change for patients in the Capitol, and now Gordon and Price have upped the ante by acknowledging the depth of the problem for patients.

Three important areas need to be reformed, as Carmen Balber and I outlined in the San Francisco Chronicle op-ed:

A true overhaul of physician discipline would move complaint investigators into the attorney general’s office to work hand in hand with prosecutors and would create a public-member majority on the medical board.

Real reform should also include mandatory random drug testing of high-risk surgeons and physicians – as is mandated now for bus drivers, college athletes and pilots.

Finally, the state’s 38-year-old limits on the rights of injured patients need to be revisited, too. It’s time for the public to take the power back for itself.

The movement is afoot, and we have taken another step toward greater patient safety. Stay tuned. Momentum is building but we still have a long march ahead.

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Posted by Jamie Court, author of The Progressive’s Guide to Raising Hell and President of Consumer Watchdog, a nonpartisan, nonprofit organization dedicated to providing an effective voice for taxpayers and consumers in an era when special interests dominate public discourse, government and politics. Visit us on Facebook and Twitter.

Well, this is it.  After three months of argument, threats, projections, facts and figures, the special election on the budget has finally arrived.  Voters now get to decide the fate of six ballot measures that will impact the near-term budget deficit and the long-term manner of budgeting in the state.  Well, a FEW of the voters get to decide.  I popped by my local polling place just to see the crowd size – I already voted absentee – and let’s just say that the traffic was, er, light.  

So here are a few lessons as we watch the results tonight:

• Money Isn’t Everything – This race may finally put to rest that axiom of California politics about cash being king.  The No side – and mind you, groups only raised money opposing for certain ballot measures – raised about $4.5 million dollars, all told.  The Yes side raised over $26 million.  Despite this 6.5:1 advantage, most polls show the first five measures on the ballot, the ones that actually affect the budget, going down to defeat.  Prop. 1C, which had NO money against it and the state Democratic Party along with millions from G Tech (the makers of lottery machines) behind it, has consistently polled the worst among all measures.  The No on 1A folks used a strategy that conserved dollars but did get out the message, in particular through Web and Google ads.  But they were obliterated on the air and through mailers, and based on the fact that Arnold Schwarzenegger skipped town and Budget Reform Now doesn’t even have a headquarters tonight, it appeared not to matter.

• No Credible Messengers – The main reason these ballot measures are poised to fail is that, in general terms, absolutely no politician in this state has the trust of the people.  Nobody could sell the message on the Yes side because nobody could even sell themselves.  I’ve heard about internal polls with the legislature in single digits and the Governor below 30%.  We have a crisis of confidence in California, and that stands to reason, considering the extent to which process has overwhelmed personality, making the state largely ungovernable without major revisions to that process.

• Take The Message You Want – The Yacht Party will certainly try to paint this as a victory for their anti-tax jihad, and it’s highly likely that the dwindling state political media, and even possibly the Democratic leadership, will believe them.  However, regardless of conservatives being “emboldened,” the fact is that progressives opposed the special election for very specific reasons, and Democratic leaders must reconcile with that as well.  The constraints on governance here in California are undeniable.  And yet the time has come to stop finding ways around the mountain of structural problems and pick up the shovel and start digging through the mountain.  It won’t take overnight, and in the meantime there are solutions – some painful, some creative – that the leadership will have to take.  But the message from the electorate, including those that sat this race out in anger or frustration, is that people don’t want gimmicks and spending caps and service cuts.  They want a functioning government and they don’t see one, and they will continue to punish these people who call themselves leaders until they start acting like it.

• Musical Chairs – Curren Price will win election to SD-26 today, shrinking the need for Republican votes to reach the 2/3 threshold in the Senate to 2.  At the same time, this will increase the need for Republican votes to reach the 2/3 threshold in the Assembly to 4.  There are more targeted seats in the Assembly, so in the short term this is a slight net win.  But it’s obviously not optimal, and that Assembly seat may not get filled, if the SD-26 odyssey is any guide, until late fall.

Let’s get down to it:

• Asm. Mike Davis has released a get to know you video in his race for the 26th Senate seat, the seat vacated by Mark Ridley-Thomas when he won the LA County Supervisor’s race over Bernard Parks. His main opponent is Asm. Curren Price.  The election is tomorrow.

• Local governments who took losses during the dissolution of Lehman Brothers want a bailout of their own.  Apparently caveat emptor no longer applies as we head toward a slippery slope of bailouts for everyone.  Yes, multiple investors lost their shirts on Lehman, through no fault of their own, but I fail to see how that demands a cash transfer from the Treasury.

• A new study links student obesity and proximity between schools and fast-food restaurants.  I hope that study didn’t cost too much, because it’s completely intuitive.  And I have no problem with urban planners who take this information into account when zoning areas around schools.  There’s a public health responsibility for government here.

• California is going to try to sell about $4 billion of bonds this week. It’s not a particularly huge sale, but the response should be telling. Joel Fox notes that if we have problems selling these, don’t hold your breath on the lottery securitization.  With the recent bond rating decrease, they won’t be an easy sell.  Although, first-day sales yielded about $2.4 billion, almost half of the overall goal.  John Myers examines why.  I’d guess that investors know they’ll get a great yield because they’re demanding a high interest rate because of the state’s fiscal troubles.  With interest rates near zero, these are some of the best deals out there.  But more bonds sold means more future payouts that hit taxpayers’ bottom line.

• Arnold is very sad about raising taxes. Poor Arnold, can I get you a tissue?

• Finally, our condolences go out to the families of the Oakland Police officers gunned down this weekend.  The incident is a profound tragedy for the City of Oakland and the entire state.

Something for the legislature to read while they’re on LOCKDOWN.

• We’re in a special session of the legislature, separate from their normal work.  So while the Yacht Party stonewalls and both sides bicker, they are making $173 a day for the privilege, with the current total at $128,000 and counting.  Good work if you can get it.

• Stockton, Merced and Modesto were dead last nationally in home prices, with homes in all three metro areas losing at least 30% of their value in the first nine months of the year.  The Central Valley is just getting buried.  If you want to know where the rest of the state (and the nation) is headed, look there.

• The state’s Healthy Families program, California’s contribution to S-CHIP, was on the verge of becoming extinct until First 5 provided a $16 million dollar cash infusion, allowing their enrollment to remain open through the end of the fiscal year in June.  This is of course one of the programs on the Yacht Party’s chopping block.  Because who likes healthy kids?

• Peter Schrag tore the Yacht Party a new one today, and it was most satisfying.

Today’s GOP is a very different party, a hard-line group of self-insulated ideologues, more like a political cult than like an inclusive party that stretches its core principles to be inviting to people at or beyond that core.

Couldn’t have said it better myself.

• SD-26: Mark Ridley-Thomas, now an LA County Supervisor, has endorsed Assemblymember Curren Price to fill his seat in the upcoming special election, the primary of which is scheduled for March 24.  Price is expected to be challenged by Assemblymember Mike Davis.  Either of them winning would trigger ANOTHER special election for their vacant Assembly seat.  And on and on.

• CA-31: Ben Smith is reporting that Xavier Becerra will turn down the position of US Trade Representative.  When there was a two-week lull after the rumor leaked with no announcement, I figured as much.  All the more reason for Hilda Solis to run for Governor, as the Vice-Chair of the House Dem caucus won’t be opening up.

(California Young Democrat leaders have begun organizing for AB 1819 on Facebook! – promoted by Bob Brigham)

While the California Republican Party is busy defending tax breaks for yacht owners, Democrats are busy working to decrease barriers to voting and increase participation in democracy. The California Democratic Party Platform even talks about increasing participation:

To promote honest leadership and open government, California Democrats will:

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• Increase voter participation by advocating for extended voting hours and/or days, scheduling elections on weekends, or by declaring Election Day a holiday

While I agree that would be great, the current perspective of the CDP Platform is to seek increases in the percentage of participation among registered voters. Yet there is even greater potential to increase voter participation by reforming barriers to voter registration. This is the premise behind recent national legislation by Democrats in Congress and a bill by Assemblyman Curren Price for California.

These are two pieces of legislation that deserve to be followed closely, which means you’ll probably need to follow on the blogs as so far both reforms have been largely ignored by traditional media.

Federal Election Day Registration Legislation

If you want to increase participation in democracy and provide a crucial check on GOP efforts to disenfranchise voters, the most common sense reform available has already been proven effective:

Election Day Registration (EDR), also known as “Same Day Registration,” permits eligible citizens to register and vote on Election Day. Currently, eight states have EDR. A ninth, North Carolina, allows for Same Day Registration at early voting sites. EDR states typically boast voter turnout rates that are generally 10-12 percent higher than states without EDR, and report few problems with fraud, costs or administrative complexity. EDR significantly increases the opportunity to cast a vote and participate in American democracy.

This really is common sense. In the 2006 midterms, 40% of election news stories were aired in the final week — after the registration deadline in 42 states. Not only does EDR help new voters, but prevents disenfranchisement by allowing an easy remedy for voters who arrive at the polls only to find out there was a problem with their registration (the solution to Katherine Harris purges). Furthermore, this reform is more secure than mailed registration as the registrant is there in person and significantly reduces the volume of staff intensive provisional ballots.

Our friends at Progressive States (disclosure: I helped incubate the organization a few years ago) have been promoting EDR at the state level, but as much as I appreciate lateral redeployment of progress from state-to-state, we need to move forward nationally as all Americans deserve the benefits of such reform. That is why I was delighted to see that the day after the Bush Supreme Court ruled in favor of GOP disenfranchising voter identification laws, Democrats in Washington introduced federal Election Day Registration legislation:

U.S. Senators Russ Feingold (D-WI) and Amy Klobuchar (D-MN) and Representative Keith Ellison (D-MN) are introducing legislation to help more Americans register to vote by allowing Election Day registration at polling places for all federal elections. The Election Day Registration Act addresses chronic problems with the American electoral process – low voter turnout and archaic voter registration laws. Election Day registration is also seen as preferable to advance registration since voters are actually present when they register, reducing opportunities for fraud. The bill’s introduction comes days after the Supreme Court upheld an Indiana voter ID law that seriously impedes the ability of elderly and low-income Americans to vote. Senators Tom Harkin (D-IA) and Jon Tester (D-MT), who represent states that recently enacted Election Day registration, are also cosponsors of the bill.

“The right to vote is at the heart of our democracy, and we should constantly be looking for ways to make it easier for Americans to exercise that right,” Feingold said. “Election Day registration has worked well in Wisconsin for more than 30 years and is a major reason why Wisconsin is a national leader in voter turnout. By allowing people to register in person on Election Day, we can bring more people into the process, which only strengthens our democracy.”

“For over 33 years, Minnesota’s same day registration law has helped produce the highest voter turnout of any state,” said Klobuchar. “Same day registration works, it encourages people to be engaged and interested in the issues facing our country – this bill gives a voice to every American who wants to vote.”

Indeed, Senator Klobuchar is correct in the results and the comparison between states’ differing approaches to unnecessary voter registration deadlines is stark.

From Future Majority PAC’s EDR page

This is important federal legislation and is well worth spending a few minutes to contact your representative and our Senators to politely ask that they co-sponsor this legislation. Please leave a comment with any progress on this front as I’ll be keeping a list to mark progress in getting the entire California delegation to join up. This is a “no brainer” in the words of Minnesota Secretary of State Mark Ritchie.

California Assembly Bill 1819 to Expand Pre-Registration

In California, Assemblyman Curren Price is lowering barriers to participation at the other end of the registration window. His AB 1819 is an extremely forward thinking bill that could bring the youth organizing energy we’ve seen the last few cycles on college campuses into our high schools.

Progressive legislation, authored by Assemblymember Curren Price (D- Inglewood), that will allow young Californians to “pre-register” to vote at the age of 16 passed through the Assembly Elections and Redistricting Committee.

“Research shows that early involvement in politics leads to lifelong involvement,” said Assemblymember Price.  “Facilitating participation by younger voters empowers and engages our youth and ultimately strengthens our entire political process.”

According to the Secretary of State, more than 7.2 million eligible voters in California are not registered to vote – nearly one-third of California’s eligible voters.  Among young voters, participation is even lower – according to the most recent data available from the U.S. Census, more than 45 percent of eligible voters in California between 18 and 24 years of age were not registered to vote in 2004.  Furthermore, while participation by younger voters has increased in the last few elections, California ranks 36th in the nation for turnout among young voters.

As currently written, the bill would go into effect on January 1, 2010 and while I anticipate it would increase interest in that year’s midterm elections, the long-term effects of facilitating an expectation of participation in our high schools would be a boom for democracy. It is great to see AB 1819 co-sponsored by incoming Democratic Party leaders Karen Bass and Darrell Steinberg as I believe it is safe to assume California Republicans will throw a tantrum at the thought of expanding the pre-registration period from current law which allows pre-registration for those turning 18 prior to the next election. In fact, the bill was passed out of the Assembly Elections and Redistricting Committee on a party-line vote, with Republicans apparently having a problem with this:

Research shows that people who get involved in the political process at a young age are much more likely to become lifelong voters, so facilitating participation by younger voters can have positive long term effects on overall voter participation.

[…]

AB 1819 does not change the voting age, but by allowing 16 and 17 year olds to register to vote when they go to the DMV to get their first driver’s licenses, or when they are taking civics and government classes in high school, it will help those individuals take the first steps towards a lifetime of participation in our democracy.

I applaud Assemblyman Price’s focus on facilitating participatory democracy. With the Millennial generation the largest in our country’s history, such a focus will be felt decades down the road.

While we are lucky this cycle to have Barack Obama’s National Voter Registration Drive (beginning next Saturday with events in California from San Diego to Ukiah), it is legislation like this that will institutionalize increased participation regardless of the dynamics of a particular election.

And as long as Republican remains a slur, having more people vote will decrease the voice of yacht owners voting for tax loopholes. Which is why the GOP is fighting the idea of more people (who despise them) voting instead of reversing the actions that created the loathing. Until such an unlikely coming to terms with reality, removing barriers to voter registration will disproportionately benefit Democrats.

A near-term game changer for Democrats and a long-term game changer for democracy.