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Initiatives, Dual Primaries, and the Electoral College

by: Airpower

Wed Dec 12, 2007 at 23:49:14 PM PST


It appears the GOPigs "Steal the State" initiative will not be on the June 2008 ballot but it could still make it to the November 2008 ballot if it gets enough signatures, or a second version of it could be introduced after a low-turn-out June 2008 primary as a new but similar initiative.  A re-introduced initiative could require fewer signatures based on a low-turn-out election in June, if I understand the rules correctly.  So, either the initiative is dead or it isn't.  Either it will be on the November 2008 ballot or it won't.  Either it will pass in November or it won't.   Either it will be challenging in court or it won't.  Either it will be upheld or it won't.  Either the final court decision will come before the electors cast their votes in December or it won't.  

Well, I say "enough!"  We need to take the lead and not depend on or react to events beyond our control.  We need to quit responding to the GOPigs.  We need to make the GOPigs respond to us.

Follow me over the flip for an idea on how.  

Airpower :: Initiatives, Dual Primaries, and the Electoral College
As I understand it, the number of signatures needed to quality an initiative for the ballot is based on the percentage of voters who voted in the previous election.  If so, getting a favorable initiative on the November 2008 ballot should be easy if turnout in the June 2008 election is as low as expected.  We need to create and place an initiative on the November 2008 ballot that:

1) signs up California for the National Popular Vote and takes effect as soon enough other states that have 50 percent or more of the electoral votes do the same,

2) resets and retains the winner-take-all system in the meantime,

3) keeps the winner-take-all system in the event that the National Popular Vote and/or other portions of this initiative are ruled unconstitutional (the compact clause of Article I, Section 10, last sentence of the U. S. Constitution might apply),

4) repeals or overrides any other changes to the electoral college that may be made by the voters, such as the "Steal The State" initiative, and

5) has a severability clause if any portion is found to be unconstitutional.

The severability clause is important in the event both this proposed initiative and the "Steal The State" initiative pass and the National Popular Vote portion of this one is ruled unconstitutional.  

Doing this by initiative is important because Governor Schwarzenegger vetoed the National Popular Vote passed by the California state legislature in 2006.  We need to sidestep a likely gubernatorial veto.  

An election with both a National Popular Vote initiative and a delayed "Steal the State" initiative on the ballot at the same time would make for a fun campaign.  A big argument being pushed in support of the "Steal the State" measure is "fairness."  Well, what could be more fair than a national popular vote to determine the President?  It would be very hard to argue against a national popular vote while, at the same time, arguing in favor of casting votes based on Congressional districts.  Just imagine the amount of attention California would receive from the Presidential candidates!   And just imagine how this could echo through the rest of the nation if the GOPig nominee were to be against the National Popular Vote initiative.  

If the courts ultimately decide that an initiative measure to change the way electors are determined is a violation of the U. S. Constitution (Article II Section 1, Paragraph 2, 1st sentence) and therefore unconstitutional, we will have not lost anything.  In fact, we will have gained.  We will have shown that the majority of people of the State of California support electing the President of the United States by a national popular vote.  

So let's draft a proposal to file with the Secretary of State's office.  If we start now, we could begin circulating petitions the day after the June 2008 primary.  We could use the basic idea of Dr. Matsumura's 2006 Save Cal Now effort to recall Governor Schwarzenegger as a model to distribute petitions for circulation.  

Thoughts?

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Not sure this is the year (0.00 / 0)
Given the excellent pushback at all levels against the Dirty Tricks initiative, I'm not sure that there's air left to draft, fund and pass a better electoral reform initiative this cycle.  It's just too much.

Plus, any electoral reform on the November ballot would be VERY hard pressed to have any impact on the '08 election, which means we've got some time on this.


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