Editorial
By Douglas Partello
There are two camps it seems concerning Ballot Initiatives. Often, it depends upon whom is initiating them, rather than there being a valid option in CA for the election process. The recent tentative ruling by Judge Walsh, Ventura County Superior Court, on June 22, 2021, to invalidate Measure M & N shows City Hall celebrating this initial ruling. Some see it as a blow to direct democracy.
 The City of Oxnard put forward Measure E, which is similar to a voter initiative, but coming from a government agency. This was a general sales tax increase of 1.5%, which the voters passed by 56%. Here locally in Ventura County, we have seen Aaron Starr as a key figure in promoting ballot measures on a number of issues. This past election of November, 2020, he had five measures, three of which the voters passed, Measure F, M, and N. Â
From the Attorney General of CA: The ballot initiative process gives California citizens a way to propose laws and constitutional amendments without the support of the Governor or the Legislature. A simplified explanation of the initiative process follows. Steps for an Initiative to become Law Write the text of the proposed law (initiative draft). Submit initiative draft to the Attorney General for official title and summary. * Active Measures are proposed initiatives. Inactive Measures are withdrawn or failed proposals. Initiative petitions are circulated to collect enough signatures from registered voters. Signatures are turned into county election officials for verification. Initiative will either be Qualified for Ballot or be failed by the Secretary of State, after verifications and deadline dates. California voters will approve or deny the qualified Ballot Initiative. Detailed information about the complete initiative process, petition circulation deadlines and signature requirements can be found in the Secretary of State’s “How to Qualify an Initiative” . * One of the many responsibilities of the Attorney General is to prepare a title and summary for proposed initiative measures prior to the circulation of qualification petitions. State law requires a proponent to furnish the Attorney General’s Office with the complete text of a proposed initiative measure for preparation of an official title and summary. The proposed measure must be submitted with required certifications, and a $2000 filing fee, which is refunded if the measure qualifies for an election ballot. By law, the Attorney General’s title and summary may not exceed 100 words. After preparation, the title and summary is submitted with the proposed initiative measure to the Secretary of State .
Voter ballot initiatives have actually been around for quite a long time, going back as far as 1898.. Twenty-four states allow them. From Ballotpedia: Every year, voters in California decide local ballot measures on as many as a dozen different election dates. In even-numbered years, voters decide hundreds of measures; the number of local measures has ranged from about 530 to over 800 in the last three two-year cycles. In odd-numbered years, local voters generally decide between 100 and 200 measures. Most measures concern parcel taxes, sales taxes, or school bond issues, or other local tax or public revenue issues. Other issues addressed by local measures include marijuana regulations and taxes, development and zoning issues, housing, fracking and the environment, and dozens of other policies that affect the everyday lives of residents.
Voter Initiatives are called direct democracy, as it is an option that voters can take to change the way local government governs, when the public feels that they are not being responsive to their needs. There is significant political skirmishing between the opposing sides of ballot measures, as the stakes can be high. The local City government often feels as though they should govern in the way they choose. They have been elected by the people, and are the representatives of the priorities and values of the community. On the other hand, when local government sets priorities, budgets, and policies, and the administration of programs is not to the satisfaction of the constituents, the voters can have a voice through the voter initiative ballot to make changes that reflects their wants and needs.
It is unfortunate when the issues of public concern, voter initiatives, and public engagement result in it becoming personalized, and the rhetoric goes away from the issues, and more to the personalities, and motivations of the proponents. Respectful discourse, and respect for the laws that allow voters to participate in our election process, which sometimes ends in litigation, as the final arbiter, when differences cannot be resolved, is a well functioning democracy in action. It is unpleasant when things get to this point, but it is part of our structure of government, and setting laws, and allowing all parts of our society to be heard. If someone exercises their right to this process, they should not be villainized, or looked upon disparagingly. Ultimately, whether it is a measure initiated by the local government, or by the voters, it is up to the voters to decide.
Douglas Partello
Community Activist
Homeless Advocate
Executive Director Nicaraguan Children’s Fund
Retired Neonatal Respiratory Therapist
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Local measures are governed by completely different rules than the statewide measures. Why does the author cite the statewide rules — “From the Attorney General?”
According to the California Supreme Court in Friends of Sierra Madre v. City of Sierra Madre (2001) 25 Cal.4th 165, all local measures are initiatives — “whether an initiative ballot measure, generated by a city council rather than by voter petition.”
Local initiatives by voter petition should be treated using the same rules as those generated by a local governing body council. They’re not. Local governing bodies work in concert with each other to defeat initiatives by voter petition that they detest from day one. The Ventura county registrar even got into the act by adding all manner of prejudicial and confusing language to the ballot, which he did in spades on the November 3, 2020 ballot.
Over the past six years I’ve examined the ballots for local measures in all California counties. Last November’s ballot in Ventura was, hands down, the worst example of violation of the Elections Code that I have seen to date.
A judge even got to rewrite the ballot statement for Measure E and added his own language in express violation of the applicable Elections Code provisions.
The local governing bodies, besides the roadblocks they erect for initiatives by voter petition, also get to spend public money to undermine them before and during an election. If all that doesn’t work to defeat a local measure, they can use unlimited public money to abuse the so-called judicial system to get their way.
No matter what people think about Aaron Starr, he’s exposed the corruption of the entire system, even though he still naively believes the courts will follow the law.
Aaron Starr has probably figured out the citizens of Oxnard don’t want to elect him to office. So, what’s the next best thing try to push his agenda through the initiative process. He was a problem child in Simi Valley with the school board if I remember correctly. Now we in Oxnard are the recipients of this arrogant, self righteous and selfish man. The Bible speaks of men like this and not in a kind way.
Such an innocent sounding overview of the process, when the parties that actually prepare these “citizen initiatives” are often funded by dark-money groups or $oro$, and in collusion with corrupt Democrat Attorney Generals and Secretary’s of State (Padilla and Becerra both come to mind, now promoted to the Biden Federal corruption team).
A “Community Activist (dog-whistle for Communist sympathizer) and “Homeless Activist” is likely quite familiar with “Rules for Radicals” and how to overturn the system, but thanks for the feel-good overview of what the blue-team is doing…
You are correct, some ballot initiatives are funded by sources that have a certain agenda, which may be contrary to what it seems the measure does. In the case of the “Starr Initiatives”, he is a resident of Oxnard, and for the most part self-funded, with a genuine interest in using this pathway to get things done for the citizens, that the local leadership is unwilling to do; like fix the roads, and have meetings when most folks are home, after work. Richard Michael made an excellent case of the manipulations, and underhanded tactics of local government to silence the voice of the people, in the local ballot initiative option to get their needs and wishes met. I gave a broad overview of the ballot initiative for folks less informed on this topic. Not sure where Communist sympathizer, or “Rules for Radicals” came from, but ok, interesting perspective.