How you should vote for the California propositions

Having spent most of my life in Bay Area, I had no idea how ridiculous California’s proposition system was until my roommate Cory pointed it out. It never occurred to me to wonder why I get to vote on what the state requirements for dialysis centers should be. After all, we’re a democracy and it’s great that we get to vote on things, right?

Well, yes, but as with most things in life, it’s not quite so black and white. Here are some interesting facts about the California proposition system I found in my research:

• It was started in 1911 as an answer to counter the influence of big business (railroads at the time), who controlled politicians and the legislature
• The proposition system is commonly referred to as the initiative process, and California is one of 24 states offer it (see differences by state)
• Propositions can be initiated by any eligible California voter (this is known as a direct initiative process, versus an indirect initiative process where it’s first reviewed by the legislature)
• Of the 24 states that have an initiative process, California is the only state that doesn’t allow the legislature to amend or repeal the initiative/proposition unless explicitly stated (most props don’t, which means Prop 22 is actually more flexible than at first glance)

Considering how the California initiative process started, it is ironic that one of the key arguments against it today is that it favors big money; you just need to pay $2,000 and gather enough signatures to put it on the ballot, and they only need a simple majority to pass. The other reason why we should reform the system as it stands: we have a legislature. It’s their job to figure out what laws are best for Californians, and there are legislative analysts on payroll who understand the current system and make recommendations on legislation — 99% of the people I know do not have the same domain expertise, and as such are not equipped to make policy decisions that may affect the lives of millions.

On the other hand, I can see a case for “morals propositions” — for example, whether we should keep the death penalty, legalize gay marriage, etc. Extending daylight savings time year-round would also be a proposition I’d support, even though it doesn’t fall into this category.

In any case, the truth is that most propositions are not “morals propositions.” Take Prop 23, for example — it establishes state requirements for kidney dialysis clinics. Why in the world are average citizens deciding that? Shouldn’t state health and medical authorities be figuring that out? If you dig a little deeper, and you’ll find that Prop 23 was placed on the ballot by union workers as a tactic “to get companies to the negotiating table.”

Then there’s Prop 24, who was brought forth by Alastair Mactaggart, a real estate developer that’s apparently very passionate about privacy. It would establish a new state agency overseeing privacy protection and cost millions of dollars. Think about that: we can create state agencies with propositions we place on the ballot. Who would determine how the agency is created and who would have oversight? It just doesn’t feel right that propositions should be able to do that without legislative input.

I believe most of the problems with California’s initiative process can be fixed with one simple change: increase the voter threshold required to pass the propositions from a simple majority to something north of 60%. (Although, maybe an exception can be made for propositions that repeal past propositions.) Hopefully that would discourage big money interests from randomly putting ill-conceived ideas posing as propositions on the ballot.

Until then, here’s how I think you should vote for the California propositions: no on everything you don’t feel strongly about. If you’re not sure, vote no. If you don’t feel you’re informed to make the decision, vote no. Just vote no as the default.

In the interest of transparency, you can see how I voted for the 2020 California propositions, and I would love to know how you voted if you feel comfortable sharing (feel free to add directly on the spreadsheet). Let’s just keep the conversations civil, ok? Thanks for reading as always.

Additional resources:

• Is It Time To Reconsider California’s Initiative System? | Hoover Institution
• Majority Rules: California’s Proposition Process Explained – The Lowdown
• Here’s whom to thank—or blame—for California’s version of direct democracy | CalMatters
• Quick Facts › Initiative & Referendum Institute
• Opinion | California Ballot Initiatives Are Powerful. The Powerful Have Noticed. – The New York Times
• Why Does California Have So Many Ballot Propositions, Anyway? : LAist
• Signature requirements for ballot measures in California – Ballotpedia
• California’s $100M dialysis battle comes with ancillary benefits for labor union
• Consumer advocates divided over California’s Prop. 24 | CalMatters