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Monday, March 3, 2025

Proposal seeks nonpartisan drafting of California ballot measures

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State Senator Roger Niello, District 6 | Facebook Website

State Senator Roger Niello, District 6 | Facebook Website

A proposal is currently before the California Legislature that seeks to change who writes the wording for state ballot initiatives and referendums. Senate Constitutional Amendment 3, sponsored by Senators Roger Niello, R-Fair Oaks, and Tom Umberg, D-Anaheim, aims to transfer this responsibility from the elected Attorney General to the nonpartisan Legislative Analyst’s Office (LAO).

The Orange County Register's Editorial Board supports this change, arguing that the Attorney General's position is inherently political. They point out that past Attorneys General such as Jerry Brown, Kamala Harris, and Xavier Becerra have used the role as a stepping stone to higher office. The board suggests that it is unreasonable to expect politicians with future ambitions to handle contentious ballot measures impartially.

The editorial criticizes current Attorney General Rob Bonta for his handling of Proposition 5 in 2022. Bonta's description of the measure allegedly omitted crucial information about reducing voter approval thresholds for local bonds from two-thirds to 55%, which could lead to increased local government debt. This presentation resulted in a lawsuit from the Howard Jarvis Taxpayers Association (HJTA), which was initially successful but later overturned on appeal.

Similar concerns were raised about former AG Xavier Becerra's wording of Proposition 15 in 2020. The HJTA objected to Becerra’s description of a measure affecting property tax assessments, but their challenge was unsuccessful. Voters ultimately rejected both propositions.

Proponents of shifting responsibilities argue that the LAO provides accurate and objective analyses and would be better suited for preparing ballot titles and summaries. Jon Coupal, president of HJTA, criticized both Bonta and Becerra for failing to provide unbiased material but praised Legislative Analyst Gabriel Petek for his objectivity.

As the 2026 election approaches, Attorney General Bonta has announced he will seek re-election rather than run for governor. The Orange County Register indicates they will monitor his future ballot titles closely when considering their endorsement.

The editorial concludes by advocating for a system where voters are given straightforward facts without political influence.

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