California

The first ads have gone up in the effort to recall Jeff Denham, a Republican state senator in California. This would be the first legislative recall in California in 13 years. Don Perata and labor are behind the measure. Denham, a moderate who was one of the few Republican legislators to vote with Democrats, is accused of treachery by Perata for not voting for last year's budget (Given how quickly that budget fell apart and led to the current budget crisis, that vote is highly defensible).

But the attack of this ad is more personal. It's at once, funny, unfair and probably effective in getting voters to pay attention to the recall.

UPDATED APRIL 4 After two nights of contacting gatherers and reading initiatives from all over the country (AND SOME EXCELLENT CORRECTIONS ON ARKANSAS AND MICHIGAN FROM Ballotpedia), here's my report on what's "on the street" and circulating in this great democratic land of ours. Please let me know if you think I'm missing important measures. For a more progressive take and focus, you can look at the Ballot Initiative Strategy Center's issues map.

CRACKDOWN ON SIGNATURE GATHERERS? The Contra Costa Times has this item in praise of a bill that will attempt to hold initiative sponsors liable for misstatements and misrepresentations made by signature gatherers. One wonders if the sponsor has met any signature gatherers, who tend to be, shall we say, independent-minded. They often are folks who, because of their life choices, like to be paid in cash. How does one police these misrepresentations? Who decides? This bill may pass, but it seems like an outrageous criminalization of political speech that will produce nothing more than litigation.

NO EMERGING NATIONAL TREND: Those Nevada ballot initiatives -- one putting more scrutiny on government contracting, the other banning taxpayer funds from being used for lobbying -- have been withdrawn by their conservative backers. Those backers blame legal challenges by labor for slowing down qualification of the measures.

SARASOTA COUNTY: Florida is billed as a model for how to use ballot initiatives to control growth.

A top Democratic consultant in California suggests keeping a close eye on this initiative that appears on its way to the November ballot. The measure, backed by animal rights' groups including the Humane Society, would put limits on how farm animals may be confined. The agriculture lobby is rallying to defeat it. But even in an era where more than 70 percent of California initiatives fail, this measure is considered likely to pass.

Myth: An individual mandate will stifle market competition.

Fact: An individual mandate, coupled with insurance market reforms and subsidies, would make markets work more effectively and efficiently. By reducing the risk of adverse selection, an individual mandate would force insurers to compete based on price and quality, not underwriting and marketing.

Lots of items this morning

INITIATIVE SPONSOR TO GAYS: 'JUST SHUT UP': One of the two Oregon legislators sponsoring a ballot initiative that would allows employers to discriminate on the basis of sexual orientation shares "my advice to the gay community". That advice? "Shut up, just don't talk about it." He nows says that he was sharing advice he used at his own business, which produces hazelnuts.

RIGHT TO WORK EQUALS NIXON: An interesting Huffington Post item recalls then Vice President Nixon's backing of ballot initiatives to establish "right to work" laws, overturning "closed shop" rules that required workers to join unions as a condition of employment. A battle is brewing now in Colorado over a similar measure. (Click read more to see more items)

BUT YOU CAN STILL GET A GOOD STEAK THERE: Kansas City votes April 8 on a local ballot initiative that will strengthen its relatively weak anti-smoking law. The city council there is trying to beat the initiative by adding its own tweaks to the law.

DOING FOR CALIFORNIA HEALTH WHAT THEY DID FOR CALIFORNIA CARS: Advocate Harvey Rosenfeld, author of 1988's Prop. 103 initiative on car insurance, and his organization, the Foundation for Taxpayer and Consumers Rights, is putting together an initiative on health care that aimed for the 2010, Capitol Weekly reports. It's a complicated measure and not yet fully cooked. But the insurance commissioner -- a post that has been heavily politicized (and a source of scandal in California in recent decades) -- would get new powers to oversee HMOs and regulate insurance and co-pays. It also would be easier to sue, which shouldn't surprise anyone. Rosenfeld is close to the trial lawyers. 

TOO BIG A CONSTITUTION: One characteristic of states that have the initiative and use it often -- California, Oregon, Colorado -- is that they have very long constitutions. The people have the right to add to and change the constitution and so they do. (It goes with the territory; Switzerland, birthplace of direct democracy, has one of the longest constitutions in the world.) In Colorado, a special legislative committee is studying the state constitution to see if it can be cleaned up a bit. Face the State, a Colorado news and opinon web site, takes a look at the clean-up effort, and is skeptical.

QUESTION TIME: Last year, San Francisco voted down a ballot initiative that would have required the mayor to submit to "question time" from the board of supervisors, in the same manner that British prime ministers must take questions in the House of Commons. But the board of supes hasn't given up, inviting Mayor Gavin Newsom to show up and take questions. He is declining these invitations. Newsom, who remains popular despite a public confession of adultery with a top aide's wife, has been deflecting requests for information of all kinds as he explores a race for governor in 2010. (Arnold is termed out, so the seat is open).