How You Call It

The summit is wrapping up with a presentation from attorney Andrew Giacomini, managing partner of Hanson Bridgett, explaining the legal strategy for calling a constitutional convention without the participation of the legislature.

"Everything I'm telling you is subject to debate," Giacomini says, but he is pretty emphatic that he's right. Such a convention can be called with two initiatives. At first, probably in June 2010, backers of a convention could put an initiative on the ballot that would amend the constitution to permit the people to call a convention directy, without the participation of the legislature. He anticipates legal and political opposition, but isn't worried. "I think that's about as hard as fogging up a mirror with my breath," he says. The second initiative would ask the public to call the convention, and set out the agenda and the delegate selection options. This initiative could appear on the November 2010 ballot -- or on the June 2010 ballot alongside the first initiative.

He also outlined four possible approaches to how to pick delegates. 1. a direct election of delegates in existing districts (the current constitutional process), 2. a Prop 11-style approach, with a citizens commission. 3. a jury pool style approach, with citizens called at random, and 4. a process that includes a panel of experts. He doesn't suggest a favorite, but says a decision has to be made.

Giacomini suggests the second initiative could face competition from other initiatives that would seek to call a constitutional convention under different rules. He also mentions the cost of this. "Who brought their checkboo today?" He also predicts that the political parties and unions will oppose it.

Many other questions have to be answered. But "from a legal perspective, this is totally doable."