2010 California Proposition 27

Last updated

Proposition 27 was an unsuccessful ballot proposition on the November 2, 2010 ballot in California, placed there by the initiative process. If approved, this measure would have repealed California Proposition 11 (2008), which authorized the creation of the California Citizens Redistricting Commission to draw the electoral boundaries for State Assembly and State Senate districts. It would also have modified the provision in California law that says that proposed congressional districts can not be subjected to a veto referendum. [1]

Contents

According to political journalist Shane Goldmacher, Democratic political strategists said that this initiative was a political tactic to defeat Proposition 20, the Congressional Redistricting Initiative, which was also on the November 2, 2010 ballot: "Democratic political strategists say the best way to ensure a 'no' vote this fall on California Proposition 20 is to confuse the public further with a second ballot measure on the already head spinning topic of political line drawing." [2] This tactic was ultimately unsuccessful, as Proposition 20 passed, extending the Commission's power over redistricting to include U.S. House districts.

Proposition 27 and Proposition 20 each had a so-called "poison pill" provision. This meant that if both received a majority vote, the proposition that received the highest majority vote would be the law to go into effect. Since Proposition 20 passed but Proposition 27 did not, neither provision was triggered.

Ballot title and summary

Ballot title:

Financial Accountability in Redistricting Act of 2010"
Initiative Constitutional Amendment and Statute

Official summary:

Estimated fiscal impact:

Constitutional changes

If Proposition 27 was approved by California's voters, it would have amended some parts of the California Constitution.

Specifically, it will amend:

Supporters

Daniel Lowenstein, the official proponent of the measure, is a professor at UCLA and a former chairman of the California Fair Political Practices Commission. [1]

Although Lowenstein's name was on the application for the initiative, he said that the real sponsors are Democratic members of the U.S. Congress led by Howard Berman and Berman's brother Michael Berman of Berman & D'Agostino Campaigns, [3] a paid consultant for Democrats on redistricting issues. Lowenstein says, "It's Michael and Howard together." [4] Both Daniel Lowenstein and Michael Berman worked on the No on California Proposition 77 (2005) campaign where Mr. Lowenstein was Chairman and Mr. Berman was the committee's campaign consultant. [5] California Proposition 77 (2005) was a previous attempt at independent redistricting reform that failed at the ballot box. Mr. Lowenstein also wrote scholarly articles that highlight Michael Berman and his company. [6] [7]

During the 2001 California redistricting process, U.S. Congresswoman Loretta Sanchez explained how the pre-Proposition 11 Gerrymandering system worked and Michael Berman's importance in the process. "Twenty thousand is nothing to keep your seat. I spend $2 million [campaigning] every year. If my colleagues are smart, they'll pay their $20,000, and Michael [Berman] will draw the district they can win in. Those who have refused to pay? God help them." [8] [9] [10] Congresswoman Loretta Sanchez did not fund Yes on Proposition 27, but her sister [11] U.S. Congresswoman Linda Sanchez was among the members of Congress funding Yes on Proposition 27. However, both Congresswomen Loretta Sanchez and Linda Sanchez did fund [12] the campaign against a previous redistricting measure, California Proposition 77 (2005).

Arguments in favor

Reasons Lowenstein gives to support his measure include:

Arguments were submitted to the official California Voter Guide on behalf of a "yes" vote on Proposition 27, as were rebuttals to the arguments provided by Prop 27 opponents. The signers of these arguments were:

The arguments made by them for publication in the California Voter Guide on behalf of Proposition 27 focus on these themes:

Donors

Haim Saban loaned $2 million to the campaign in mid-April. [14] Saban is in the entertainment business and his personal fortune has been helped along by his association with the Mighty Morphin' Power Rangers. [15] Saban also has media holdings in Israel, Europe, Asia and the United States, including a major stake in Univision, a Spanish-language network. [16] Saban's donation to the effort to overturn Proposition 11 has raised eyebrows, because in 2008, he gave $200,000 to the campaign to pass Proposition 11.

Many of the donors were also big-money donors to the Democratic Party. Others, including Haim Saban, Fred Eychaner, George Soros, Edith Wasserman, Louise Gund, Jack C. Bendheim, Kathryn Hall, and George M. Marcus also contributed between $25,000 up to $25 million to the William J. Clinton Foundation.

Many of the donors supporting Proposition 27 were also major contributors [12] opposing California Proposition 77 (2005), seeking to defeat an earlier proposed redistricting plan. AFSCME spent more than $1,000,000 on both Proposition 77 and on Proposition 27. The largest contribution to No on Proposition 77 was $4,000,000 from Stephen Bing [17] 's Shangri-La Entertainment Company, [18] a major contributor to 527 political organizations. [19] [20] Stephen Bing is not a contributor to Yes on Proposition 27. However, Stephen Bing was the #1 top political contributor in 2002, [21] joined by Haim Saban (#2), Fred Eychaner (#3), Peter G. Angelos (#8), and Louise Gund (#18), who funded both Yes on Proposition 27 and No on Proposition 77.

Through October 20, 2010, these donors have given $20,000 or more to the "Yes on FAIR, Yes on 27--A Coalition of Entrepreneurs, Working People, Businesses, Community Leaders Such as Karen Bass, and Other Concerned Citizens" campaign committee.

(Updated October 20, 2010)

Donor (Affiliation)Amount
Haim Saban (Saban Capital Group, President)$2,000,000
American Federation of State, County and Municipal Employees (AFSCME)$1,250,000
American Federation of Teachers (AFT)$1,000,000
Working 4 Working Americans (associated with the United Brotherhood of Carpenters & Joiners [22] )$500,000
Democratic State Central Committee of California$250,000
California State Council of Service Employees Political Issues Committee (SEIU)$200,000
Judy Chu TruPAC$125,000
Charles Calderon for State Assembly Committee $100,000
George Soros $100,000
Peter G. Angelos (Attorney, Law Offices of Peter G. Angelos and majority owner of the Baltimore Orioles baseball team)$100,000
Louise Gund$100,000
Edith Wasserman (Wasserman Foundation, Vice-President)$100,000
Fred Eychaner (Newsweb Corporation, Owner)$100,000
Zenith Insurance (Stanley R. Zax, President/Chairman of the Board)$100,000
International Association of Fire Fighters$100,000
Steven S. Myers (Dolphin Capital Holdings, Inc., Chairman/CEO)$100,000
Jack C. Bendheim (Phibro Animal Health Corp., President)$50,000
International Brotherhood of Electric Workers (IBEW) Educational Committee$50,000
International Brotherhood of Electrical Workers (IBEW) Local No. 47$50,000
California State Association of Electrical Workers$50,000
California State Pipe Trades Council of the United Association$50,000
Joseph W. Cotchett (Attorney with Cotchett, Piper & McCarthy)$25,000
Kathryn Hall (Hall Financial Group, Investor; Former Ambassador to Austria, appointed by President Clinton)$25,000
C. Paul Johnson (Astrale e Tierra Winery, CEO)$25,000
Stephen Grand (Grand-Sakwa Properties, real estate investor)$25,000
George M. Marcus (Marcus & Millichap, Chairman; University of California Regent appointed by former Governor Gray Davis)$25,000
Stewart Resnick (Roll International Corp., President and Chairman)$25,000
Plumbers & Pipefitters Local 447$25,000
DRIVE Committee (The Teamsters Union)$25,000
Santa Ynez Band of Mission Indians [23] $25,000
Lloyd Thomas Galloway (Attorney at Galloway & Associates)$20,000

Note: "Working 4 Working Americans" is described by Capitol Weekly as "a Washington, D.C.-based, labor-backed group." [24]

Donations from individuals

The following table lists the individuals that contributed $20,000 or more to the Yes on Prop. 27 campaign. Many of the top individual donors also are big-money donors to the Democratic Party. The table indicates

(Updated October 11, 2010)

IndividualAffiliation$ Amount to
Yes on Prop. 27
Donor Address
in California?
Donor to
No on Prop. 77
(2005)?
$ Amount to
DSCC (2010)
$ Amount to
DCCC (2010)
$ Amount to
DNC (2010)
$ Amount to
Clinton Foundation
$ Amount to
Obama Inauguration
Affiliation's Position on OpenSecrets.org Heavy Hitters ListAffiliation's % of Contributions Given to Democrats
Haim Saban [29] [30] [31] [32] Saban Capital Group (Chairman/CEO)$2,000,000YesYES$34,400 [33] $30,400-$5M to $10M [34] -#85 [35] 99% [36] [37]
Peter G. Angelos [38] Offices of Peter G. Angelos (Attorney)
Baltimore Orioles Archived 2011-02-02 at the Wayback Machine baseball team (Majority Owner) [39]
$100,000NOYES$40,400 [40] -$30,200---94% [41]
Fred Eychaner [30] [42] [43] Newsweb Corporation(Owner), Alphawood Foundation [44] (Founder and Chairman)$100,000NOYES$30,400 [45] -$15,200$10M to $25M [46] $50,000#100 [47] 100% [48]
Louise Gund [49] Philanthropist, Louise Gund Foundation$100,000NOYES$30,000 [50] $30,400-$50K to $100K [51] ---
Steven S. Myers [52] Dolphin Capital Holdings, Inc. (Chairman/CEO)
SM&A (CEO, Retired)
$100,000YesNo-$30,400$60,400 [53] -$300-52% [54]
George Soros Soros Fund Management (Chairman)$100,000NONo-$20,000 [55] $15,200$500K to $1M [56] $200,000
(includes relatives)
-59% [57]
(36% other,
non-Repub.)
Edith WassermanRetired, Wasserman Foundation (Vice-President) [58] $100,000YesYES$35,400 [59] $30,400-$5M to $10M [60] --91% [61]
Stanley R. Zax Zenith Insurance Company (President/Chairman of the Board) $100,000YesNo$10,000 [62] $30,400----91% [63]
Jack C. Bendheim Phibro Animal Health Corp. (President) $50,000NOYES$15,000 [64] $21,300-$25K to $50K [65] --94% [66]
Joseph W. Cotchett Cotchett, Piper & McCarthy (Attorney)$25,000YesNo$30,400 [67] -----99% [68]
Stephen Grand Grand-Sakwa Properties (Real Estate Investor)$25,000YesYES-------
Kathryn Hall Hall Financial Group (Investor)$25,000NOYES$33,600 [69] --$100K to $250K [70] $50,000-100% [71]
C. Paul Johnson Astrale e Terra, (CEO) $25,000YesYES--$30,400 [72] -$3,000-100% [73]
George M. Marcus Marcus & Millichap (Chairman)
University of California (Regent)
$25,000YesYES-$45,600 [74] -$250K to $500K [75] $15,000-91% [76]
Stewart Resnick [77] [78] [79] Roll International Corp. (President and Chairman)$25,000YesNo--$15,200 [80] ---67% [81]
Lloyd Thomas Galloway Galloway & Associates (Attorney)$20,000NONo------100% [82]

Donors Haim Saban and Fred Eychaner received prior attention for their multimillion-dollar donations to the Democratic Party. [30]

Donor Haim Saban ...

Donor Peter G. Angelos ...

Donor Fred Eychaner ...

Donor Louise Gund ...

Donor George Soros ...

Donor Kathryn Hall was named Ambassador to Austria by President Clinton. [103]

Donations from unions

Various labor unions have contributed a total $3,325,000 to the Yes on Proposition 27 campaign as of October 21, 2010. The table shows:

(Updated October 21, 2010)

Labor UnionAffiliation$ Amount to
Yes on Prop. 27
Position on
OpenSecrets.org
Top Donors List
 % Dues Given to Democrats NationallyTotal $
Congress Members
also funding
Prop. 27
Donor to
No on Prop. 77
(2005)?
$ Amount to
Clinton Foundation
American Federation of State, County and Municipal Employees (AFSCME) AFL-CIO $1,250,000#2 [105] 98%$864,200YES$250K to $500K [106]
American Federation of Teachers (AFT) AFL-CIO $1,000,000#13 [107] 98%$332,400No$100K to $250K [108]
Working for Working Americans [22] [109] International Brotherhood of Carpenters & Joiners $500,000#12 [110] 89%$478,200No-
California State Council of Service Employees Political Issues Committee Service Employees International Union (SEIU)$200,000#11 [111] 92%$348,900YES$250K to $500 [112]
International Association of Fire Fighters AFL-CIO $100,000#47 [113] 81%$182,800YES-
International Brotherhood of Electrical Workers (IBEW) Educational Committee International Brotherhood of Electrical Workers (IBEW),
AFL-CIO
$50,000#7 [114] 97%$784,500YES$100K to $250K [115]
International Brotherhood of Electrical Workers (IBEW) Local No. 47 International Brotherhood of Electric Workers (IBEW),
AFL-CIO
$50,000#7 [114] 97%$784,500No$100K to $250K [115]
California State Association of Electrical Workers International Brotherhood of Electric Workers (IBEW)$50,000#7 [114] 97%$784,500No$100K to $250K [115]
California State Pipe Trades Council of the United Association [116] [117] Plumbers & Pipefitters Union, AFL-CIO $50,000#44 [118] 94%$451,100No-
Plumbers & Pipefitters Local 447 [119] Plumbers & Pipefitters Union, AFL-CIO $25,000#44 [118] 94%$451,100No-
DRIVE Committee Teamsters Union $25,000#10 [120] 93%$691,000No-
Pumbers & Steamfitters Union No. 467 [121] Plumbers & Pipefitters Union, AFL-CIO $10,000#44 [118] 94%$451,100No-

Nationally, the Service Employee International Union (SEIU) ...

The California State Council of Service Employees union, part of the SEIU ...

Politicians who are donors

Members of the U.S. Congress who are donors:

Eighteen Democratic members of California’s delegation to the U.S. Congress, including Nancy Pelosi, cumulatively gave $175,000 to the initiative effort in February 2010, when the campaign needed funds to pay petition circulators to collect signatures to qualify the measure for the ballot. [128] Proposition 20, the Congressional Redistricting Initiative, which is also on the November 2, 2010 ballot in California is what motivated the round of donations from congressional representatives, according to some pundits. [129]

California has 54 seats in the U.S. Congress. Heading into the November 2, 2010 election, 34 of those seats are held by Democrats. As of October 11, 2001, 18 (nearly 53%) of those incumbent Democratic members of California's delegation to the U.S. Congress had given money to the campaign to urge a "yes" vote on Proposition 27.

No members of the state's other party delegations have, as of October 21, 2010, given money to the "Yes on 27" committee.

The 18 Democratic incumbent Congress Members who either gave money directly to the campaign, whose campaign committees gave money, or whose affiliated political action committee gave money to Proposition 27 are listed below. The table indicates ...

(Updated October 21, 2010)

Congress MemberCalifornia
Congressional
District
Political
Party
$ Amount to
Yes on Prop. 27
Congressional
Progressive
Caucus
Member?
Donor to
No on
Prop. 77
(2005)?
Career Campaign $
from Unions
Supporting Prop. 27
 % Contributions from
Outside California
 % Contributions from
PACs
Howard Berman CA-28 Democrat $10,000NoYES$126,500 [130] 19% [131] 35%
Lois Capps CA-23 Democrat $10,000NoYES$387,000 [132] 11% [133] 48%
Judy Chu CA-32 Democrat $225,000+YESNo$87,800 [134] 4% [135] 31%
Anna Eshoo CA-14 Democrat $10,000NoYES$158,100 [136] 13% [137] 54%
Sam Farr CA-17 Democrat $10,000YESYES$354,200 [138] 15% [139] 66%
Mike Honda CA-15 Democrat $10,000YESYES$206,200 [138] 23% [140] 42%
Barbara Lee CA-9 Democrat $10,000YESYES$238,100 [141] 17% [142] 39%
Zoe Lofgren CA-16 Democrat $10,000NoYES$191,000 [143] 12% [144] 54%
Nancy Pelosi CA-28 Democrat $10,000YES
(Former)
YES$347,400 [145] 30% [146] 55%
Doris Matsui CA-5 Democrat $10,000NoNo$108,000 [147] 44% [148] 56%
George Miller CA-7 Democrat $10,000YESYES$427,900 [149] 52% [150] 68%
Laura Richardson CA-9 Democrat $5,000YESNo$155,800 [151] 22% [152] 81%
Lucille Roybal-Allard CA-34 Democrat $10,000YESYES$288,000 [153] 24% [154] 58%
Linda Sánchez CA-39 Democrat $25,000YESYES$184,800 [155] 27% [156] 57%
Adam Schiff CA-29 Democrat $10,000NoYES$157,000 [157] 13% [158] 41%
Jackie Speier CA-12 Democrat $10,000NoNo$64,500 [159] 4% [160] 31%
Diane Watson CA-33 Democrat $10,000YESYES$147,000 [161] 18% [162] 53%
Lynn Woolsey CA-6 Democrat $5,000YES
(Co-Chair)
YES$504,200 [163] 8% [164] 54%

Opposition

Opponents

Arguments against

Arguments were submitted to the official California Voter Guide urging a "no" vote on Proposition 27, as were rebuttals to the arguments provided by Prop 27 supporters. The signers of these arguments were:

The themes of the main arguments they make against Proposition 27 (and in favor of Proposition 20) are:

Donors against

There is no committee directly opposing Proposition 27. However, there is a committee called "Yes on 20, No on 27--Hold Politicians Accountable, A Coalition of Taxpayers, Seniors, Good Government Groups, Small Business and Community Organizers" whose aim is to pass Proposition 20, a competing ballot measure, and defeat Proposition 27. Because Proposition 27 contains "poison pill" language countering Proposition 27, any money spent to promote a "Yes" vote on Proposition 20 might be considered money spent to oppose Proposition 27, and vice versa.

Charles T. Munger Jr. and his wife Charlotte Lowell are the primary driving force behind Proposition 20 and are its primary funder. [168] Charles T. Munger Jr. is the son of Charles T. Munger Sr., a Vice-President at Berkshire Hathaway.

Donors of $20,000 and over to "Yes on 20, No on 27" through October 21 are listed below. The table shows ...

(Updated October 21, 2010)

Individual/OrganizationAffiliation$ Amount to
Yes on Prop. 20
No on Prop. 27
Donor Address
in California?
Charles T. Munger Jr. [171] Stanford Linear Accelerator Center (Physicist), Self-Employed$11,177,603YES
Charolette A. LowellAttorney, Self-Employed$956,001YES
Diane B. Wisely [172] A. Wisely Properties (Executive)$100,000YES
California Business Political Action Committee (CALBUSPAC) California Chamber of Commerce $85,000YES
William BloomfieldRetired$50,000YES
Susan L. Groff Northwest Excavating (Contractor)$50,000YES
Rebecca Q. MoranRetired$50,000YES
Geoffrey C. RusackAttorney$20,000YES
Small Business Political Action Committee-$20,000YES

All major donors to "Yes on 20, No on 27" are from California, unlike the donors supporting Proposition 27.

Editorial opinion

NewspaperRecommended Vote
on Prop. 27
Bakersfield Californian NO
Contra Costa Times NO
Fresno Bee NO
L.A. Weekly NO
Lompoc Record NO
Long Beach Press-Telegram NO
Los Angeles Daily News NO
Los Angeles Times NO
Marin Independent Journal NO
Monterey Herald NO
North County Times NO
Oakland TribuneNO
Orange County Register NO
Riverside Press-Enterprise NO
Sacramento Bee NO
San Bernardino Sun NO
San Diego Union-Tribune NO
San Francisco Bay Guardian YES
San Francisco Chronicle NO
San Francisco Examiner [ permanent dead link ]NO
San Gabriel Valley Tribune NO
San José Mercury-News NO
Santa Cruz Sentinel NO
Santa Rosa Press-Democrat NO
USA TODAY Implied NO
Ventura County Star NO

Yes on Prop 27

Newspapers that have editorialized in favor of Proposition 27 include:

No on Prop 27

Newspapers that have editorialized against Proposition 27 include:

Campaign finance complaint

Supporters of the Voters FIRST Act for Congress have asked the Fair Political Practices Commission and the Federal Elections Commission to investigate whether some members of California's U.S. Congressional delegation are "hiding their controlling involvement in the initiative" in a way that obscures who is really behind it. [167]

Path to the ballot

On December 28, 2009, Daniel Lowenstein filed a request with the Office of the California Attorney General for an official ballot title.

The official ballot title was provided on February 5, 2010.

Signatures to qualify the measure for the ballot were collected by Kimball Petition Management at a cost of $2,820,124. [190]

Results

Proposition 27 [191]
ChoiceVotes %
Light brown x.svg No5,457,94059.4
Yes3,729,61240.6
Total votes9,187,552100.00

Basic information

Supporters

Opponents

Further reading

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References

  1. 1 2 "KQED-TV, "Give Redistricting Back To Legislature?", December 29, 2009". Archived from the original on October 11, 2010. Retrieved October 11, 2010.
  2. 1 2 "Political & Legal News - Politics & Law". Politics and Law.
  3. "Berman & D'Agostino Campaigns Beverly Hills CA, 90211 – Manta.com".
  4. "Sacramento Bee, "Ballot fight looms on California redistricting", January 18, 2010".[ permanent dead link ]
  5. "Election Law: "No on 77" White Paper". electionlawblog.org.
  6. "'The Journal of Law & Politics', The Stealth Campaign: Experimental Studies of Slate Mail in California, Spring 2001" (PDF).
  7. "'Loyola of Los Angeles Law Review', Election Law as a Subject, June 1999" (PDF).
  8. Mother Jones, "Gerrymandering: Why Your Vote Doesn't Count", September, 2006
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