Monday, August 3, 2009

Bureau of State Audits issues Prop. 11 redistricting commission regulations

When voters passed Proposition 11 last fall to establish a new, citizens redistricting commission to draw legislative district lines starting in 2011, they gave the job of implementing the measure to the Bureau of State Audits, the state's independent, external auditor. The job went to the Bureau because it is one of the few state agencies truly insulated from political or partisan influence by design. However, implementing an initiative and creating a new state program is not the kind of job usually thrown to this agency and its staff, who more typically focus on the effectiveness and efficiency of existing government programs.

However, it is clear the Bureau is dedicated to successfully implementing Prop. 11, and its staff members and consultants have worked hard throughout this year to gather public input before producing regulations to govern the new commission application and selection process. CVF weighed in with a letter of recommendations, focusing on the need for transparency throughout the process, the random selection process, funding, and other topics.

Over the weekend, the Bureau published on its Prop. 11 homepage the new, draft regulations to guide Prop. 11 implementation. These cover a variety of important topics that will impact significantly the application and selection process. For example, the proposed regulations provide definitions for numerous terms that appear in Prop. 11, including key phrases such as "ability to be impartial", "analytical skills" and "appreciation for California’s diverse demographics and geography" that will be judged by the Bureau's Audit Review Panel in deciding which applicants are most qualified to serve on the new commission.

The new regulations are quite comprehensive, and the package on the Bureau's web site includes a number of supporting memoranda that further explain the thinking and legal basis for the various judgment calls the Bureau's staff made in deciding the specific details on how to implement Prop. 11. A public hearing will take place on September 14 at the Secretary of State's office in downtown Sacramento to gather public input on the draft regulations. The Bureau also invites the public to submit written comments. More information on Proposition 11 is available from the Redistricting Reform section of the CVF web site.

Tuesday, June 30, 2009

Youth help bridge the digital divide in a Central Valley town

The California Report featured this inspiring radio story reported by Sasha Khokha about a group of teenagers in the Tulare County town of Pixley who are getting training that helps them connect their community to the Internet. As a recent released Public Policy Institute of California/California Emerging Technology Fund study found, the "digital divide" in California persists for Latinos and Californians living in the Central Valley. CETF has invested millions of dollars to close California's digital divide, and programs like Pixley's "Digital Connectors", sponsored by the Great Valley Center, are providing crucial training and assistance to provide high-speed access to underserved Californians.

Friday, June 19, 2009

More talk about a possible constitutional convention

In the weeks following the May 19th special election which saw the Legislature and Governor's attempt to close the budget gap go down in flames, talk about a possible constitutional convention has flared up again. Next Monday in Sacramento, representatives of the Bay Area Council and California Forward will hold a public forum to discuss the pros and cons of this reform approach. In this week's Sacarmento News and Review cover story, "California Renovation", reporter Cosmo Garvin takes a comprehensive look at what a Constitutional Convention might achieve. Excerpts are below.

The California Constitution is no work of art.

It’s more like the Winchester Mystery House in San Jose. Lots of little rooms, stairs that lead nowhere, doors that open onto blank walls and windows set into the floorboards. “We keep adding rooms, but the hallways don’t connect together,” says state Sen. Mark DeSaulnier, of our state’s constitutional house of mystery. “There’s not a lot of thought given to the overall architecture.”

Since 1879, the state constitution has been amended 512 times. Compare that to the U.S. Constitution, which you just don’t mess with. Its 27 amendments are straightforward principles concerning the essential function of government and the rights of the governed.

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Support is building for a “constitutional convention,” where delegates from all over the political spectrum would hash out a package of fundamental government reforms and then present them to the voters for approval. One group, called Repair California, is hoping to get a measure on the November 2010 ballot that would call a constitutional convention, the first one in California since 1879.

But a constitutional convention is just one way to give state government a makeover. A group called California Forward, led by former Assembly Speaker Bob Hertzberg, is hoping to convince the Legislature to put a package of reforms, called a “constitutional revision,” on the ballot in November 2010. “We have a significant challenge here in California, and we need to fix it as quickly as possible,” Hertzberg told SN&R, adding that his group’s approach would be quicker and more predictable than a constitutional convention.

A convention, a revision … or something else entirely. What’s the best blueprint for fixing California’s ramshackle, dysfunctional mystery house of government?

Monday, June 1, 2009

Assembly bill would give overseas and military voters more time to vote

Should military and overseas voters be given more time to get their ballots delivered? That's what would happen if AB 1340 is enacted. The bill, authored by Assembly Member Bonnie Lowenthal and sponsored by Secretary of State Debra Bowen, would require county election offices to count absentee ballots from overseas and military voters that arrive within ten days of Election Day, as long as they are postmarked on or before Election Day. Last Thursday it sailed out of the Assembly on a unanimous vote and is now headed to the Senate.

As the Pew Center on the States highlighted in its landmark study, No Time To Vote, military voters from half of the U.S. states are not provided ample time to successfully request and cast their absentee ballots (California was found to provide ample time, but only if military voters return their ballots back by fax). A recent Congressional Research Service study requested by Senator Chuck Schumer found that among the seven states with the highest numbers of people serving in the military (including California), more than 25 percent of the ballots requested or returned went uncounted in the last Presidential election. California's Secretary of State has also compiled county-by-county statistics showing how many absentee ballots get sent out, returned, and counted.

While Lowenthal's bill is enjoying strong, bipartisan support in the Assembly, its passage would mark a significant departure in California election policy, representing the first time that ballots received after the close of polls would be eligible to be counted. As the Assembly Elections Committee consultant Ethan Jones points out in his bill analysis. The analysis also notes that Lowenthal's is not the only bill to extend the deadline for receiving and counting overseas absentee ballots; two other bills - AB 1367 by Nathan Fletcher and SB 582 by Robert Dutton - were also introduced. Although neither bill has advanced, the fact that they stalled out may have more to do with the fact that they are authored by Republicans operating in a Democratic-controlled Legislature than with the substance of the measures. There are, however, some significant differences between Dutton's bill and Lowenthal's bill; SB 582 would have given both overseas and domestic military voters the ballot deadline extension, but excluded overseas non-military voters ballots from the change. The extension deadline in Dutton's bill was also longer, 21 days compared to 10 in Lowenthal's bill.

If California were to make the process for voting overseas more reliable and successful, it would likely alleviate pressure from some quarters to move toward Internet voting. While some argue that Internet voting is the solution to time delays involved in casting a paper ballot from overseas, the truth is that Internet voting would create a whole new set of problems that would relegate overseas ballots to security risks and second-class status. There are, however, a number of ways the Internet can and should be used to facilitate overseas voting, such as providing an easy way to request an absentee ballot, look up one's registration or absentee ballot status, and access reliable election information. For California's overseas and military voters, their access to such services largely depends on where they are registered and whether that county provides them.

Of course, such services are beneficial for all voters, not just those stationed or living overseas. And inevitably, if AB 1340 or other similar bills are enacted, some may wonder why we don't give all absentee voters the right to have their ballots counted if they are received a few days after the election but postmarked by Election Day? This is, in fact, one of the complaints I hear the most from absentee voters. Many want to hold on to their ballots as long as possible so they can benefit from all of the election discussions and news coverage, but they don't want to wait too long to drop that ballot in the mail and risk the chance that their votes will not be counted.

So what's the downside? Postmarks may be hard to validate, especially if they are from overseas. Postmarks can also be created using in-house postage meters, which opens up the possibility for fraud. In a close contest, ballots received after Election Day may be viewed as suspect and possibly attempts to tilt the outcome.

California already has taken a number of steps to facilitate timely balloting by overseas and military voters. These include giving such voters their ballots sixty days prior to the election (a full month earlier than regular vote-by-mail voters) and also the opportunity to return their ballots by fax. Whether the Legislature will go even further and take the unprecedented step of extending the ballot return deadline for overseas and military voters remains to be seen. The next stop for AB 1340 is a hearing in the Senate Elections Committee on July 7.

Thursday, May 21, 2009

The saddest little election ever

Another election day has come and gone, the voters (at least some of them) have spoken, and now the legislature and governor must try again to close the gaping hole in California's budget.

Tuesday was the polar opposite of last November's General Election when there was so much excitement and so many new voters eager to participate. A few million voters participated in the statewide special election, but many more stayed home. The number of voters who cast ballots Tuesday will come out somewhere over 4 million, compared to November 2008, with a turnout of 13.7 million California voters. This week's total turnout numbers may not even exceed those of June 2008 (4.5 million), which also was a pretty sad election.

It's clear voters are eager to participate when there are issues or candidates on the ballot that draw them out and where they feel their vote can make a difference. That was not the case for millions of Californians with this statewide special election. For more thoughts on voter participation trends in California and the election process, take a look at my paper, The California Voters' Experience, published last October.

Monday, May 18, 2009

Election news stories - Capital Public Radio, SF Chronicle

Last Thursday I was a guest on Capital Public Radio's Insight show, talking about the campaign money behind the six propositions on tomorrow's ballot. During the interview a clip from the "Proposition Song 2009" was played - probably the one and only broadcast of the song anywhere! Cap Radio played it as a "fair use" clip - just thirty seconds or so. If you'd like to hear it, an archive of the show is available online.

On Sunday, the San Francisco Chronicle ran an article by John Wildermuth about the likelihood that more vote-by-mail ballots will be cast in tomorrow's election than ballots cast at the polls. Excerpts are below.

"Mail voters might be a majority next Tuesday, but it will be an anomaly," said Kim Alexander, president and founder of the California Voter Foundation, a nonprofit, nonpartisan organization promoting the responsible use of technology in voting.

"While the actual number of mail voters doesn't fluctuate that much, the percentage does," she added. "In a high- turnout election like November's presidential, the mail voters are a smaller fraction of the total."

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Schwarzenegger's decision to release the devastating budget details just days before the election points out one of the problems with mail voting.

Up until the day of the election, "news stories are being produced, ads are coming out, more information is becoming available," said Alexander. "Maybe the governor's budget plan changed someone's mind, but if they've already voted by mail, they're out of luck."

While Alexander and other election reformers would like to see the state count every ballot that's postmarked by election day, that's not the way it works in California. Ballots that arrive after the 8 p.m. close of the polls remain unopened and uncounted.

Tuesday, May 12, 2009

My election Q&A with Channel 10 is available online

This election, like never before, many friends and family members are scratching their heads, extremely confused by the propositions on the ballot, and why we are having the election at all. Yesterday I was Sharon Ito's guest on the Channel 10 (Sacramento's ABC affiliate) "Live Online" show. For a half hour Sharon and I talked about the election and took questions from online viewers. Channel 10 has archived the entire webcast on its site, and you can find it here. The discussion will hopefully help answer many of the questions voters have during this confusing election season.

Monday, May 11, 2009

Channel 10's "Live Online" program today at 11 a.m. - May 19th Election

I'll be Sharon Ito's guest today on Sacramento Channel 10's"Live Online" program, talking about and and answering questions from viewers about next week's statewide special election. Log in here if you'd like to participate. One thing I'll be talking about is the updated Top Contributor Data in our California Online Voter Guide, now showing the top five donors for and against each of the measures on the ballot as of May 2. I'll also be talking about the Proposition Poem we debuted last week.