Dems File California Initiative to Eliminate Two-Thirds Requirement

A Democratic law firm filed  two versions of an initiative Monday with the California attorney general. As Democratic leaders have promised, the initiative effectively would eliminate California's requirement of a two-thirds vote to pass a budget. (Though, for political purposes, the two-thirds requirement would remain in the constitution--new language would merely exempt all appropriations from the two-thirds requirement for approving appropriations. Look for advocates of the initiative to say, over and over, that it doesn't remove the two-thirds requirement from the constitution. Because technically, it doesn't).

One of the two versions of the initiative also would eliminate the two-thirds requirement for raising all taxes (with an exception for property taxes that offers a bit of a nod to Prop 13). Again, this is political. Proponents are cutting the heart out of Prop 13, but they'll be able to say, "What are you talking about? We don't touch property taxes!" It's also possible that by filing two versions, backers are telegraphing a political strategy: they could agree not to take on the two-thirds requirement as it applies to taxes -- in return for support for eliminating the two-thirds requirement on the budget.

Neither version of the initiative returns California to the requirement of a simple majority for taxes and budgeting. Instead, there would be a super-majority -- 55 percent. I'm sure that polls better than a simple majority, but it's still weird policy and perhaps not smart politics.  Initiative proponents would be better off making the case for a clean majority. Fifty-five percent won't slow down the opposition to the proposal, and it might look to some voters like a trick.

One point on timing: an early special election -- say in June 2009 -- is almost certainly too early to qualify. (Though I'm hearing that signature gatherers are already being engaged). But if the special election doesn't happen until the fall --as many initiative sponsors would prefer -- this could dominate the political debate.

Also: last Friday, the same law firm filed an initiative to add a new one-cent sales tax on retailers. The money would fund new funds for the schools.