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Prop 40 Campaign Throws in the Towel

Not only do California voters have a lot of studying to do before the November election with 11 measures to consider, the crowded ballot just got a little more complicated. While there are 11 measures set for November, of those 11, one is a referendum concerning a repeal of the newly drawn state Senate districts. This referendum has been assigned the number Proposition 40, but it turns out that proponents of the referendum have decided to throw in the towel. This means they won’t seek passage of Proposition 40 and won’t campaign for its success.

Initial supporters of the referendum say Prop 40 is no longer necessary due to a recent court ruling. The campaign released the following statement: “As the official sponsors of Proposition 40, our intention was to make sure its qualification for the ballot would stop the current Senate lines from being implemented in 2012. The Supreme Court intervened to keep the district lines in place. With the court's action, we are no longer asking for a no vote.” (Note: a "no" vote on Proposition 40 overturns the districts).

This is where it gets tricky. The burden now falls on opponents of the Republican-backed referendum to remind voters that the campaign has thrown in the towel and that they should vote yes. If the measure succeeds, the Bee points out that “newly elected senators would serve only four years in those districts. Any future campaigns would be for newly drawn seats.”

31% Turnout for June Primary

The Secretary of State has released voter turnout statistics from the June election and the figures reveal that voters set a record low for a presidential primary in the state. Statewide turnout was 31.1 percent, which is far lower than the previous record low of 41.9 percent for a presidential primary, recorded in 1996. While the turnout was dismal this June, it did not match the lowest voter turnout for any statewide election in California, which was 28.2% in June 2008.

So why was the turnout so low for this year’s primary? It’s likely that Proposition 28 and Proposition 29 did not inspire voters to hit the polls in high numbers and furthermore, relatively speaking California is irrelevant to the Republican presidential contest.

There is another record worth mentioning from June’s voter stats: The June 2012 vote-by-mail ratio of 65% topped the previous record set in the May 19, 2009, Statewide Special Election in which 62% of ballots were cast by mail. Secretary Bowen commented, “Given the ease and convenience that voting by mail offers, it’s not surprising to see more and more people choose to cast their ballots from home.”

Counties with the highest voter turnout as a percentage of registered voters were Sierra (59.2%), Alpine (58.6%) and Amador (57.1%). Sierra and Alpine are the only California counties that conduct elections entirely by mail. Countywide turnout was lowest in Los Angeles (21.8%), San Bernardino (23.7%) and Orange (26.5%).

The Latest: Secretary of State Updates

Here’s the latest rundown on updates from the Secretary of State’s office. Most of the updates concern initiatives that failed to qualify, as the November ballot has now been settled.

1562. (11-0085) Education. Repeals Non-Discrimination Requirements for School Instruction. Initiative Statute.
Initiative Failed to Qualify.

1561. (11-0083) Education. Repeals Non-Discrimination Requirements for School Instruction. Initiative Statute.
Initiative Failed to Qualify.

1560. (11-0087) Requires Assessment of Most Commercial Property Every Three Years. Provides Tax Reduction for Homeowners, Renters, and Businesses. Initiative Constitutional Amendment and Statute.
Initiative Failed to Qualify.

1559. (11-0086) Tax to Pay Tuition and Fees at California Public Universities. Initiative Constitutional Amendment and Statute.
Initiative Failed to Qualify.

1558. (11-0084) Elimination of California High Speed Rail Authority. Initiative Constitutional Amendment.
Initiative Failed to Qualify.

1563. (11-0094) Undocumented Immigrants. Requires State Law Enforcement Officers to Enforce Federal Immigration Law. Denies Driver's Licenses to Undocumented Immigrants. Initiative Statute.
Initiative Failed to Qualify.

1541. (11-0070) Approval of Healthcare Insurance Rate Changes. Initiative Statute.
Initiative Pending Full Check.

1566. (11-0095) Part-Time Legislature. Two-Year State Budget. Initiative Constitutional Amendment.
Initiative Failed to Qualify.

1565. (11-0091, Amdt. #1NS) Tax to Benefit Public Schools, Social Services, Public Safety, and Road Maintenance. Initiative Statute.
Initiative Failed to Qualify.

1564. (11-0089) Undocumented Immigrants. State Income Taxes. Initiative Statute.
Initiative Failed to Qualify.

Nov Ballot Measures Assigned Numbers

It's now official: Californians this November will weigh one referendum and 10 initiatives and the Secretary of State has now assinged numbers to all of the measures.

Here is the numerical order of the ballot measures:

Proposition 30 - Gov. Jerry Brown's tax increase plan
Proposition 31 - State budget process changes
Proposition 32 - Ban on payroll deductions for political contributions; ban on contributions to candidates from unions and corporations
Proposition 33 - Auto insurance rates based on driver's history of coverage
Proposition 34 - Death penalty repeal
Proposition 35 - Increased penalties for human trafficking
Proposition 36 - Changes in "Three Strikes" sentencing law
Proposition 37 - Labeling of genetically engineered foods
Proposition 38 - Molly Munger's tax increase plan
Proposition 39 - Increased taxes on some multi-state companies to fund clean energy programs
Proposition 40 - Referendum on state Senate district boundaries

Legal Dispute over Ballot Placement

Counties were at the center of a legal dispute over the placement of the governor’s tax measure on the November ballot when a rival tax plan from civil rights lawyer Molly Munger argued in court that election officials inappropriately verified signatures so that the governor’s initiative could have the top spot on the ballot. Sacramento Superior Court Judge Michael P. Kenny found no wrongdoing and concluded Los Angeles County was well within its rights to wait to notify the Secretary of State's Office when Munger’s initiative qualified so that it could be included in a group with three other proposals.

The Bee reports that “Judge Kenny said counties have some discretion in how they verify the signatures on petitions. He suggested that if he were to rule for Munger, he would in essence be telling counties exactly how they must run their qualification procedures. ‘But aren't you asking me to essentially micromanage the registrar's office?’ he asked Munger's attorneys. The hearing was entirely focused on arguments surrounding Los Angeles County's procedures and whether Munger should have sued the county rather than the state.”

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