The ballots are in, and voter turnout is the clear winner as record numbers of Californians hit the polls on Nov. 4.
While the presidential race captured audiences across the nation, California voters weighed in on propositions dealing with fundamental issues ranging from marriage, criminal justice, and reproductive rights to renewable energy, transportation, and animal rights.
Proposition 1A - The Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century - Passed, 52 percent to 48 percent
Prop. 1A adds provisions to the California Streets and Highway Code. The measure seeks to alleviate growing traffic congestion and dependence on foreign oil, and reduce greenhouse gas emissions at a lower cost than constructing new highways. Critics pointed out that billions of taxpayers’ dollars would be spent before any additional track construction occurred.
Proposition 2 - The Prevention of Farm Animal Cruelty Act - Passed, 63 percent to 37 percent
Prop. 2 adds sections to the California Health and Safety Code. Statewide voters clearly indicated their support for increased animal rights by passing with proposition with a 63-percent majority. Both sides of the Prop. 2 campaigns cited studies suggesting different outcomes. The proponents claimed that food-price increases would only total 1 cent per egg, while the opposition warned that Californians will have to turn to out-of-state and foreign farms for their animal product needs.
Rachel Martin, a 2L member of the SW Animal Law Society, said she is “very pleased with the overwhelming passage of Proposition 2 in California. It follows on the heels of similar initiatives passed in Florida, Arizona, and Oregon in 2002, 2006, and 2007, respectively. Proposition 2 is a modest reform, and it should be lauded for establishing compassionate and commonsense objectives for the treatment of farm animals.”
Proposition 3 - The Children Hospital Bond Act of 2008 - Passed, 55 percent to 45 percent
This voter-approved proposition will devote $980 million to expand, improve, and equip children’s hospitals throughout the state.
Proposition 4 - The Child and Teen Safety and Stop Predators Act: Sarah’s Law - Failed 48 percent to 52 percent
Prop. 4 would have amended the California Constitution to require minor girls to inform to inform parents if they were seeking a pregnancy termination.
State law currently allows female to obtain “sensitive services” such as STI testing, contraceptives, and abortion procedures at the age of 12 without parental notification or permission. Currently, more than 70 percent of girls that obtain abortions discuss their decision with at least one parent. Proponents of Prop. 4 argued that without parental notification, more teens will become pregnant. They suggested minors may make poor choices about receiving abortions and may allow sexual abuse or rape to continue.
Proposition 5 — Nonviolent Offender Rehabilitation Act of 2008 - Failed, 40 percent to 60 percent
Had it passed, this measure would have allowed judges greater leeway to send nonviolent drug-related criminals to treatment facilities to prison.
Proposition 6 — Safe Neighborhoods Act: Stop Gang, Gun, and Street Crime - Failed, 30 percent to 69 percent
Prop. 6 would have increased funding for law enforcement, changed parole policies, and increased severity of sentencing requirements, as well as made other procedural changes.
Among the changes, Prop. 6 would have allowed the sentencing of minors as young as 14 as adults and increased penalties for those with alleged gang affiliations. The change would have also allowed prosecutors to introduce a broader range of witness testimony to suggest gang affiliation.
2L Erin Louria voted against Prop. 6 because she said it would “result in punishments that are disproportionate to the alleged crimes committed and will likely be administered in a discriminatory way.”
Critics argued that the unfunded mandate will take desperately needed funds from essential programs and disproportionately target minority populations. Speaking on behalf of the American Civil Liberties Union, Susan Savage told a SW law student audience that this proposition represented a “lock-‘em-up, jail-not-jobs mentality.”
Proposition 7 - The Solar and Clean Energy Act of 2008 - Failed, 35 percent to 65 percent
The measure would have required utilities, including government-owned utilities, to generate 20 percent of their power from renewable energy by 2010. However, purported poor drafting of the initiative turned even staunch environmentalists away. “Prop. 7 is fatally flawed,” the SW Environmental Law Society stated. “[It] could ultimately set California back with regards to building more renewable energy. It is not easy to oppose this measure but ultimately it is the right thing to do.”
Proposition 8 - California Marriage Protection Act - Passed, 52.5 percent to 47.5 percent
Voters approved this California Constitutional amendment by a narrow majority in a hotly contested battle that received national campaign donations and media coverage. The text amending the California Constitution is brief and direct, reading, in its entirety, “Only marriage between a man and a woman is valid or recognized in California.” This proposition was drafted after the California Supreme Court recognized the right of a same-sex couple to wed five months ago. While the passage of Prop. 8 marks a significant defeat for same-sex marriage rights, this issue has already spawned litigation.
This proposition received national media attention, and both sides of the campaign spent tens of millions of dollars on advertisements. Pundits and analysts have speculated that passage of Prop 8.is due in part to the turnout in support of Pres.-elect Barack Obama, even though he opposed the measure. His campaign brought an increased number of African-Americans to the polls who voted both for him and the amendment. About seven in 10 African-Americans supported the ban, while whites were about evenly split. Some suggest that this gap exists because a greater percentage of the African-American community attends church and therefore votes on the proposition as a moral, rather than a civil rights, issue.
“I am deeply saddened by the fact that approximately 3 out of 4 African-Americans chose to support Proposition 8,” said Scale student Neal Zaslavsky. “I find it to be simply unconscionable that one historically oppressed minority would deliberately support enshrining into the California Constitution any form of discrimination against another suspect class. ”
The day following the election, protestors fled to the streets in Los Angeles and San Francisco to dispute the result. Lawsuits have already been filed by opponents of the measure. It is unclear what the status of the more than 18,000 same-sex couples who tied the knot after the California Supreme Court struck down a law banning same-sex marriage this year.
Proposition 9 — Victims’ Bill of Rights Act of 2008: Marsy’s Law - Passed, 53 percent to 47 percent
Prop. 9 ensures crime victims additional constitutionally guaranteed rights as an amendment to the California Constitution. Courts will notify crime victims of their opportunity to attend and give input during trials and considers the victims’ safety as a factor in sentencing and parole. Additionally, the amendment increases the obligations of criminals to pay restitution directly to their victims and will reduce the circumstances under which prisoners may receive early release due to overcrowding.
Proposition 10 — California Renewable Energy and Clean Alternative Fuel Act - Failed, 40 percent to 60 percent
Prop. 10 would have authorized $5 billion worth of bonds from California’s General Fund to assist drivers in the purchase of specified high-mileage, low-energy-consuming vehicles and fund research into alternative energy sources. SW’s Environmental Law Society opposed the bill, stating “Prop. 10 [was] a give-away to the natural gas industry and promise[d] no environmental benefits to California.” The measure was sponsored and bankrolled by billionaire oilman T. Boone Pickens, who argued that a progressive move toward new clean energy solutions like natural gas is needed to protect the environment and national security. Pickens is also in control of one of the largest resources of natural gas.
Proposition 11 — Voters FIRST Act - Passed, 50.6 percent to 49.4 percent
A commission of California-registered voters will be tasked with redrawing boundaries for the State Senate, Assembly, and Board of Equalization districts, a job formerly reserved for elective representatives. The commission will consist of 14 people: five Democrats, five Republicans, and four unaffiliated members.
Proposition 12 — Veterans Bond Act of 2008 - Passed, 63 percent to 37 percent
The most overwhelming victory of the election was Prop. 12, which will add sections to the Military and Veterans Code to enable veterans to purchase homes with low-interest-rate loans. Veteran loan holders fund the administration and expenditures of the Veterans funds. Since its inception, the Loan Program has assisted more than 420,000 veterans.
Written by Ashton Inness, 2L
