Times Standard (Eureka)

Law needed to stop AGs from rigging ballot

- By Kevin Kiley Special to CalMatters Assemblyma­n Kevin Kiley represents the 6th Assembly District, which includes parts of El Dorado, Placer, and Sacramento counties, Assemblyme­mber.Kiley@ assembly.ca.gov.

Every two years, California­ns become lawmakers by voting on statewide ballot propositio­ns, which often have enormous consequenc­es for the state. To understand what it is they are voting for or against, many voters rely solely on the descriptio­n of the propositio­n written on their ballot. But time and again, this “descriptio­n” has failed to accurately convey what the propositio­n would do.

Oddly, the job of writing these all-important ballot descriptio­ns falls not to an elections officer or some other neutral official, but is instead entrusted to the partisan, elected attorney general of California.

Our current Attorney General, Democrat Xavier Becerra, is only the latest in a line of attorneys general who have exercised this power without even a pretense of impartiali­ty, instead skewing ballot language to lead voters towards their preferred political outcome.

Last month, Becerra’s office released the ballot descriptio­n for a proposed $12.5 billion a year in new taxes on business properties.

The most salient fact about this propositio­n — that it is a massive tax increase — is mysterious­ly absent from Becerra’s descriptio­n.

Instead, the attorney general mentions three times in the 100-word summary that the measure would fund education and schools. Not coincident­ally, this major assist from the attorney general came after polls showed the proposal, when accurately described, failing to gain traction with voters.

For many observers, Becerra’s

latest attempt to subvert the electoral process is a bridge too far. Editorial boards and columnists across the state expressed frustratio­n and outrage, calling his ballot descriptio­n an “abuse of power,” “shameful,” “dishonorab­le,” “taking political sides.”

This misuse of power is not unique to Becerra or his political party. In 1996, Republican Attorney General Dan Lungren wrote a misleading summary for Propositio­n 209, an initiative seeking to end affirmativ­e action in California.

The attorney general, or any elected politician, is simply the wrong person to be tasked with writing neutral ballot language. After all, ballot propositio­ns are supposed to be a way for citizens to make laws directly without politician­s standing in the way.

That’s why I proposed Assembly Constituti­onal Amendment 7, which would take the authority away from the AG and put it in the hands of a nonpartisa­n entity free from political pressures by special interests.

Specifical­ly, ACA 7 would assign ballot descriptio­ns to the Legislativ­e Analyst’s Office, which has proven itself trustworth­y and capable of writing impartial analyses of every initiative that qualifies for the ballot.

This change would ensure fairness in our initiative process regardless of who is elected attorney general— something all voters deserve.

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