California Neighborhood Legislative Districts and Working Groups Initiative (2018)

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California Neighborhood Legislative Districts and Working Groups Initiative
Flag of California.png
Election date
November 6, 2018
Topic
State legislatures measures
Status
Not on the ballot
Type
Constitutional amendment
Origin
Citizens



The California Neighborhood Legislative Districts and Working Groups Initiative (#17-0002) was not on the ballot in California as an initiated constitutional amendment on November 6, 2018.

The measure would have restructured the California State Legislature, dividing each state legislative district into about 93 (based on 2010 U.S. Census) smaller neighborhood districts; providing that voters would have elected representatives of neighborhood districts; and providing that neighborhood district representatives within each state legislative district would have elected individuals to serve in each chamber of the state Legislature.

Proponents of the initiative submitted 794,204 unverified signatures.[1] At least 585,407 (73.70 percent) of the signatures needed to be valid. A full check of signatures found that 559,906 signatures were valid, meaning the campaign was 25,501 valid signatures short for the initiative to make the ballot.[2]

Initiative design

The measure would have restructured the California State Legislature. The California Senate would have been replaced with the Senate Working Group. The California State Assembly would have been replaced with the Assembly Working Group. The two working groups would have operated as two legislative chambers and would have exercised legislative power. Like the state Senate, the Senate Working Group would have had 40 members. Like the state Assembly, the Assembly Working Group would have had 80 members.[3]

The measure would have divided the state's 40 senate districts into districts of roughly 10,000 persons. The measure would have divided the state's 80 assembly districts into districts of roughly 5,000 persons. These smaller districts would have been referred to as neighborhood districts. Voters would have elected senate and assembly neighborhood district representatives. Neighborhood district representatives would have elected members of their respective working group.[3]

Neighborhood representatives would have been elected on the first Tuesday after the first Monday in November of an even-numbered year. Members to serve in the legislative working groups would have been elected by a simple majority vote of neighborhood representatives on the first Monday in December of an even-numbered year. The annual compensation of neighborhood representatives would have been $1.00. The annual compensation of those elected to the working groups would have been 120 percent of the state's median household income.[3]

The neighborhood representatives in each district would have been permitted to remove a member of their working group through a two-thirds vote of the neighborhood representatives. The neighborhood representatives would have also been responsible for electing a new member of the working group if their member vacated his or her seat.[3]

Text of measure

Ballot title

The official ballot title was as follows:[1]

" Increases Size of Legislature and Changes Legislative Process. Initiative Constitutional Amendment.[4]

Petition summary

The summary provided for inclusion on signature petition sheets was as follows:[1]

" Increases Legislature’s size almost 100-fold by dividing current Assembly and Senate districts into neighborhood districts with each Assemblymember representing about 5,000 persons and each Senator representing about 10,000 persons. Provides for neighborhood district representatives to elect working committees the size of the current Assembly and Senate, 80 Assemblymembers and 40 Senators. Gives working committees legislative power generally, and sole power to amend bills, but requires approval by appropriate vote of the full membership in each house for passage of any non-urgency bill. Reduces legislators’ pay and expenditures.[4]

Fiscal impact

Note: The fiscal impact statement for a California ballot initiative authorized for circulation is prepared by the state's legislative analyst and director of finance.

The fiscal impact statement was as follows:[1]

" Decreased state spending on the Legislature of about $100 million annually. Increased county election costs of tens of millions of dollars in election years beginning in 2022.[4]

Constitutional changes

See also: Article IV, California Constitution

The measure would have amended Sections 1, 2, 3, 6, and 7.5 of and add a Section 9.5 to Article IV of the California Constitution. The following underlined text would have been added, and struck-through text would have been deleted:[3]

Note: Use your mouse to scroll over the below text to see the full text.


Sec. 1. The legislative power of this State is vested in the California Legislature which consists of neighborhood representatives elected to the Senate and Assembly, but the people reserve to themselves the powers of initiative and referendum.

Sec. 2. (a)(1) The Senate shall be comprised of representatives from neighborhood districts, as provided in section 6. has a membership of 40 Senators shall be elected for 4-year terms, half 20 to begin every 2 years.

(2) The Assembly shall be comprised of representatives from neighborhood districts, as provided in section 6. Assembly members shall be has a membership of 80 members elected for 2-year terms.

(3) The terms of a Senator or a Member of the Assembly shall commence on the first Monday in December next following her or his election.

(4) During her or his lifetime a person may serve no more than 12 years in the Senate, the Assembly, or both, in any combination of terms. This subdivision shall apply only to those Members of the Senate or the Assembly who are first elected to the Legislature after the effective date of this subdivision and who have not previously served in the Senate or Assembly. Members of the Senate or Assembly who were elected before the effective date of this subdivision may serve only the number of terms allowed at the time of the last election before the effective date of this subdivision.

(b) Election of members of the Assembly shall be on the first Tuesday after the first Monday in November of even-numbered years unless otherwise prescribed by the Legislature. Senators shall be elected at the same time and places as members of the Assembly.

(c) A person is ineligible to be a member of the Legislature unless the person is an elector and has been is a resident of the legislative neighborhood district for one year, and a citizen of the United States and a resident of California for 3 years, immediately preceding the election, and service of the full term of office to which the person is seeking to be elected would not exceed the maximum years of service permitted by subdivision (a) of this section.

(d) When a vacancy occurs in the Legislature the Governor immediately shall call an election to fill the vacancy.

(e) The Senate Working Committee.shall be comprised of 40 Senate members, chosen from among the neighborhood representatives elected within each Senatorial District. The Assembly Working Committee shall be comprised of 80 Assembly members chosen from among the neighborhood representatives elected within each Assembly District. One Member of the Working Committee shall be elected by majority vote of the neighborhood representatives from each Senatorial and Assembly District in an open meeting held pursuant to section 3(a). When a vacancy occurs in a Working Committee, the vacancy shall be filled by the neighborhood representatives from a Senatorial or Assembly District, as appropriate. The neighborhood representatives may remove their respective Working Committee member upon a rollcall vote entered into the journal, two thirds of the neighborhood representatives concurring.

Sec. 3. (a) The neighborhood representatives from each Assembly and Senate District Legislature shall convene in each respective District in regular session at noon on the first Monday in December of each even-numbered year for the purpose of choosing which neighborhood representative will serve in the Working Committees of and each house. On the second Monday in December of each even-numbered year, the regular session of the Legislature shall commence and each Working Committee shall convene and shall immediately organize. Each session of the Legislature shall adjourn sine die by operation of the Constitution at midnight on November 30 of the following even-numbered year.

(b) On extraordinary occasions the Governor by proclamation may cause the Legislature or both Working Committees to assemble in special session. When so assembled it has power to legislate only on subjects specified in the proclamation but may provide for expenses and other matters incidental to the session.

(c) The neighborhood representatives in each district may convene upon petition signed by twenty-five percent (25%) of the members for the purpose of removing a member of their respective Working Committee pursuant to section 2(e), or to provide direction or input to their respective Working Committee regarding any legislative matter.

(d) Except as provided in section 9.5; all legislative power provided for in this Article shall be exercised by the Senate and Assembly Working Committees and any reference to "Senate," "Assembly," "Legislature," or "house," herein means the Senate and Assembly Working Committees.

(e) The provisions of section 4(a), 4.5, 5, 13 and 15, including the provisions regarding ethics, and conflicts of interest, shall apply to all members of the Legislature, including the Senate and Assembly Working Committees.

(f) Notwithstanding section 8 of Article III:

(1) The annual compensation for each Senate and Assembly neighborhood representative shall be one dollar ($1.00).

(2) The annual compensation for a member of the Senate and Assembly Working Committees shall be equivalent to one hundred and twenty percent (120%) of the annual median household income for the State of California, based on the most recent United States Census Bureau American Community Survey published at the time a new regular session is convened, as described in subdivision (a) of this section.

(3) Notwithstanding section 4(b), neighborhood representatives shall be reimbursed for his or her actual travel expenses attending local meetings of the neighborhood representatives and members of the Senate and Assembly Working Committee shall be reimbursed for his or her actual travel and living expenses, not to exceed two hundred dollars ($200) per day. The Citizens Compensation Commission may adjust the per diem of members based on the Consumer Price Index for California.

Sec. 6. For the purpose of choosing members of the Legislature, the State shall be divided into 40 Senatorial and 80 Assembly districts to be called Senatorial and Assembly Districts. Each Senatorial district shall be further divided into neighborhood districts of populations of approximately 10,000 persons, as nearly equal as is practical.choose one Senator and each Each Assembly district shall be further divided into neighborhood districts of populations of approximately 5,000 persons, as nearly equal as is practical. choose one member of the Assembly.

Sec. 7.5. In the fiscal year immediately following the adoption of The Low Cost New Hampshire-Style Neighborhood Legislature Act this Act, the total aggregate expenditures of the Legislature for the compensation of members and employees of, and the operating expenses and equipment for, the Legislature may not exceed an amount equal to nine hundred fifty thousand dollars ($950,000) per member for that fiscal year or 80 sixty seven (67%) percent of the amount of money expended for those purposes in the completed preceding fiscal year immediately preceding the effective date of this Act, whichever is less. For each fiscal year thereafter, the total aggregate expenditures may not exceed an amount equal to that expended for those purposes in the preceding fiscal year, adjusted and compounded by an amount equal to the percentage increase in the appropriations limit for the State established pursuant to Article XIIIB.

Sec. 9.5. Notwithstanding any other provision of this Constitution, except for urgency bills pursuant to section 8(d), a bill, including the budget bill, passed by both the Senate and Assembly Working Committees shall not be presented to the Governor unless the bill has first been presented to and approved by each house of the whole Legislature by the appropriate vote required for enactment of the bill. The Working Committees shall notify the members of the whole Legislature of bills awaiting their action and provide not less than 10 days for members to cast their votes. Members of the whole Legislature shall vote electronically online from their home districts and all votes shall be viewable by the public. No amendment to a bill so presented may be offered, considered, or approved by either house of the whole Legislature. [4]

Support

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Neighborhood Legislature led the campaign in support of the initiative.[5] John Cox (R), a candidate for governor in 2018, is heading the campaign effort.

Arguments

The Neighborhood Legislature committee said the following about the initiative:[6]

"

The Neighborhood Legislature is an historic reform initiative aimed at removing the corrupting influence of special interest money from California politics.

How do we do this?

By shrinking the size of legislative districts down to the neighborhood level, any individual can run for senate or assembly with a budget of just a few hundred dollars.

Today’s Assembly districts have nearly half a million people in them, and the Senate districts have nearly a million. The Neighborhood Legislature simply divides each of those huge districts into 100 neighborhoods – each with its own representative. Those 100 representatives in each district will meet and select one of their number to go to Sacramento, — so there would still be just 80 Assembly Members and 40 Senators meeting at the Capitol Building.

The beauty is that every one of those members will have been elected in a local neighborhood, and spent hundreds on their election campaign – not the millions they currently have to spend.

The Neighborhood Legislature is not a Republican idea or a Democrat idea, it is about putting control of our government back into the hands of the people, and their freely-elected representatives.[4]

Opposition

Arguments

Steve Maviglio, a Democratic political consultant, stated:[7]

" Bigger isn’t always better. Lawmakers face complex problems that (required) expertise, and having hundreds of amateur politicians running around would empower special interests. What ends up happening is that a handful of leaders end up running the show and the rest follow along like sheep. You simply can’t take the politics out of legislating by expanding the size of an elected body.[4]

Campaign finance

See also: Campaign finance requirements for California ballot measures
Total campaign contributions:
Support: $2,390,953.80
Opposition: $0.00

As of May 1, 2018, there was one ballot measure committee, Neighborhood Legislature, registered in support of the measure. The committee raised $2.391 million and expended $2.385 million.[8]

Around 99.91 percent of the Neighborhood Legislature committee's funds came from John Cox and his gubernatorial committee, John Cox for Governor 2018. The committee hired Arno Petition Consultants to collect signatures.[8]

As of May 1, 2018, there were no committees registered in opposition to the initiative.[9]

Support

The contribution and expenditure totals for the committee in support of the initiative were current as of May 1, 2018.[8]

Committees in support of the Neighborhood Legislative Districts and Working Groups Initiative
Supporting committeesCash contributionsIn-kind servicesCash expenditures
Neighborhood Legislature, a Ballot Measure Committee Controlled by John Cox$2,337,078.30$53,875.50$2,331,582.48
Total$2,337,078.30$53,875.50$2,331,582.48
Totals in support
Total raised:$2,390,953.80
Total spent:$2,385,457.98

Donors

The following were the top donors who contributed to the support committee as of May 1, 2018:[8]

Donor Cash In-kind Total
John Cox $2,335,000.00 $2,562.75 $2,337,562.75
John Cox for Governor 2018 $48,750.00 $0.00 $48,750.00

Background

Size of the California State Legislature

The size of the California State Senate and California State Assembly was set by the California Constitution of 1879 and, as of 2017, the size had remained unchanged since.[10][11] Between 1880 and 2010, the average population size represented by a state Senate district or a state Assembly district increased 4,208 percent. The following line graph illustrates the increases in the average population size represented by state Senate and state Assembly districts from 1880 to 2010.[12]

Population represented by state legislative districts

See also: Population represented by state legislators

Using population sizes derived from the 2010 U.S. Census, each district of the California State Senate represents an average of 931,349 residents and each district of the California State Assembly represents an average of 465,674 residents. The table below shows the number of residents that a state Senate district and state Assembly district represents in the 10 states, including California, with the highest populations in the U.S.

State Population of state Number of Senate seats Population per Senate district Number of Assmbly seats Population per Assembly district
California 37,253,956 40 931,349 80 465,674
Texas 25,145,561 31 811,147 150 167,637
New York 19,378,102 63 307,589 150 129,187
Florida 18,801,310 40 470,033 120 133,186
Illinois 12,830,632 59 217,468 118 108,734
Pennsylvania 12,702,379 50 254,048 203 62,573
Ohio 11,536,504 33 349,591 99 116,530
Michigan 9,883,640 38 260,096 110 89,851
Georgien 9,687,653 56 172,994 180 53,820
North Carolina 9,535,483 50 190,710 120 79,462

Path to the ballot

See also: California signature requirements and Laws governing the initiative process in California

In California, the number of signatures needed to qualify a measure for the ballot is based on the total number of votes cast for the office of governor. For an initiated constitutional amendment, petitioners must collect signatures equal to eight percent of the most recent gubernatorial vote. To get a measure on the 2018 ballot, the number of signatures required was 585,407. In California, initiatives can be circulated for 180 days. Signatures needed to be certified at least 131 days before the 2018 general election, which was around June 28, 2018. As the signature verification process can take several weeks, the California secretary of state issues suggested deadlines for several months before the certification deadline.

  • John Cox submitted a letter requesting a title and summary on February 22, 2017.
  • A title and summary were issued by the California attorney general's office on April 28, 2017.
  • On June 27, 2017, John Cox reported that the campaign collected 25 percent of the required signatures.[13]
  • Proponents of the initiative needed to collect 585,407 valid signatures by October 25, 2017, in order for it to make the 2018 ballot.

Election officials reported that 794,204 unverified signatures were submitted, as of November 8, 2017. Thus, the signatures need a validity rate of 73.7 percent. The deadline for local elections officials to complete the random sampling process to determine signature validity was December 20, 2017. To avoid individual verification of each signature, the random sampling needed to show a validity rate of 81.1 percent, thereby indicating valid signatures equal to 110 percent of the signature requirement.[1][14]

On December 20, 2017, the secretary of state's office announced that an estimated 573,099 signatures were valid based on a random sample. As the number estimated was between 95 percent and 100 percent of the 585,407 required, local election officials were instructed to complete a full check of each signature submitted by February 5, 2018.[15]

On February 6, 2018, the secretary of state announced that the initiative fell 25,501 valid signatures short. The total number of valid signatures collected was 559,906.[2]

On February 6, Cox issued a statement, saying, “Whether or not this reform idea is kept off the ballot, the goal and message of my campaign for governor haven't changed, we need to eliminate the corrupting influence of special interest money in Sacramento and reclaim California.”[16]

See also

Footnotes

  1. 1.0 1.1 1.2 1.3 1.4 California Secretary of State, "Initiatives and Referenda Pending Signature Verification," accessed November 1, 2017
  2. 2.0 2.1 California Secretary of State, "Full Check of Signatures for Initiative," February 6, 2018
  3. 3.0 3.1 3.2 3.3 3.4 California Attorney General, "Initiative 17-0002," accessed March 1, 2017
  4. 4.0 4.1 4.2 4.3 4.4 4.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  5. Neighborhood Legislature, "Homepage," accessed October 25, 2017
  6. Neighborhood Legislature, "About Us," accessed October 25, 2017
  7. The Sacramento Bee, "California must elect 12,000 people to end ‘corruption,’ candidate for governor says," December 15, 2017
  8. 8.0 8.1 8.2 8.3 Cal-Access, "Neighborhood Legislature, a Ballot Measure Committee Controlled by John Cox," accessed October 25, 2017
  9. Cal-Access, "Propositions & Ballot Measures," accessed October 25, 2017
  10. California State Polytechnic University, "California Constitution of 1879," accessed December 26, 2017
  11. California State Legislature, "California Constitution, Article IV," accessed December 26, 2017
  12. U.S. Census Bureau, "Resident Population and Apportionment of the U.S. House of Representatives, 1880-2000," accessed December 26, 2017
  13. California Secretary of State, "Circulating Initiative with 25% of Signatures Reached," June 27, 2017
  14. KTLA 5, "Backers of Bold Initiative to Create California Legislature With 12,000 Representatives Submit Signatures for 2018 Ballot," November 3, 2017
  15. California Secretary of State, "Final Random Sample Count 12/20/2017," December 20, 2017
  16. Los Angeles Times, "Republican John Cox's effort to create 12,000 'neighborhood' lawmakers in California fails to make the ballot," February 6, 2018