Skip to main content

Do Ballot Initiatives Foster the Darker Side of Political Spending?

Support Provided By

Californians will soon go to the polls to weigh in on no less than eleven ballot initiatives. These initiatives could change the law on everything from the death penalty to the labeling of food.

I have previously written here about the pitfalls of the initiative process. This mechanism of direct democracy, designed to guard against the power special interests held over our elected officials, is now similarly controlled by special interests. Money is the driving factor behind which proposals qualify for the ballot.

Large sums are spent not only to pay signature gatherers to get proposals placed on the ballot but also to support or oppose those measures once they qualify for the ballot. One need only to open the mailbox or certain websites, or turn on the television or radio, to see the enormous amounts of money being spent to attempt to sway voters on these eleven initiatives.

Last week I wrote about a large donation, $11 million to be exact, given by an Arizona non-profit corporation to two ballot measure committees in California.

This post is, in part, an update on events that occurred last week. Currently members of the voting public only know that a group called "Americans for Responsible Leadership" donated that large sum to a committee opposing Proposition 30 and supporting Proposition 32. Proposition 30 is Governor Jerry Brown's tax initiative. The initiative would raise income taxes on high wage earners and sales taxes for all and put that increased revenue towards public education. (I previously discussed Prop 30 here) Proposition 32, while styled as good government reform, is in fact an effort to reduce the political power of unions in California. (I wrote about Prop 32 here).

Other than the name of the organization, the place it "resides," and the committees to which it donated money, the public knows little to nothing about Americans for Responsible Leadership. In an effort to give the public vitally important information about the identity of this organization, the State's political watchdog organization, the Fair Political Practices Commission (FPPC) sued the organization.

The court held a quick procedural hearing last week, and will hold a hearing on the merits of the case next week, one week before the election. It remains to be seen whether the public will obtain information about this group before the election. I am, however, hopeful that this experience and the quick actions by the FPPC will prevent this scenario from repeating election after election.

Jessica Levinson writes about the intersection of law and government every Monday. She is an Associate Clinical Professor at Loyola Law School. Read more of her posts here.

Support Provided By
Read More
Gray industrial towers and stacks rise up from behind the pitched roofs of warehouse buildings against a gray-blue sky, with a row of yellow-gold barrels with black lids lined up in the foreground to the right of a portable toilet.

California Isn't on Track To Meet Its Climate Change Mandates. It's Not Even Close.

According to the annual California Green Innovation Index released by Next 10 last week, California is off track from meeting its climate goals for the year 2030, as well as reaching carbon neutrality by 2045.
A row of cows stands in individual cages along a line of light-colored enclosures, placed along a dirt path under a blue sky dotted with white puffy clouds.

A Battle Is Underway Over California’s Lucrative Dairy Biogas Market

California is considering changes to a program that has incentivized dairy biogas, to transform methane emissions into a source of natural gas. Neighbors are pushing for an end to the subsidies because of its impact on air quality and possible water pollution.
A Black woman with long, black brains wears a black Chicago Bulls windbreaker jacket with red and white stripes as she stands at the top of a short staircase in a housing complex and rests her left hand on the metal railing. She smiles slightly while looking directly at the camera.

Los Angeles County Is Testing AI's Ability To Prevent Homelessness

In order to prevent people from becoming homeless before it happens, Los Angeles County officials are using artificial intelligence (AI) technology to predict who in the county is most likely to lose their housing. They would then step in to help those people with their rent, utility bills, car payments and more so they don't become unhoused.