Dan Walters' Capitol Q&A

Question: Prop. 90 has at least two parts. One that deals with eminent domain reform and the hidden part (and dangerous part) that defines most police power regulations, such as zoning, as takings deserving of compensation. Is there any possibility that this proposition is not constitutional because of its duality? If so, would such a challenge be mounted before or after enactment?
-- Philippe Melin, Sacramento

Answer: The challenge, if any, that Proposition 90 violates the single-subject rule would come after the election if it's enacted. Whether or not it violates the rule is up to the state Supreme Court, which has wide jursidiction and whose stance on this issue is impossible to predict. A purely uneducated guess would be that it would leave the proposition in force because both of its sections relate to the same general topic of protecting private property rights.
-- Dan Walters

Question: I am wondering, if Arnold's father was confirmed as a Nazi SS Officer and he has made public statements that he is friends with Kurt Waldheim, who is also a Nazi war criminal. My question is why was Arnold eligable to run for public office the in first place?
-- David, Sacramento

Answer: This is a complex question that would take a very long response to answer fully but the short version is this: Schwarznegger is a U.S. citizen and is full qualified to run for any public office except the presidency (because he is a naturalized citizen). Schwarzenegger is not responsible for what his father did or didn't do during World War II, since he wasn't even born then. His father later became the chief of police of a small Austrian town. Schwarzenegger didn't know of Waldheim's background when the two became friendly. Finally, Schwarzenegger took the unusual step of asking Halocaust investigators to look into his background and has been a staunch supporter of the Museum of Tolerance and other anti-anti-semitic groups. One either likes or dislikes what he has done as governor, but to suggest that he's something of a Nazi supporter doesn't square with the facts. That would mean that the Kennedy family has embraced a neo-Nazi, among other absurdities.
-- Dan Walters

Question: Do you have confidence that there will be no election fraud in California on Nov. 7? Do you believe the electorate will have confidence in the vote tally?
-- Steve Gorman, Cameron Park

Answer: Errors are possible, of course. But fraud? I am perfectly confident that the state's election officeras are honest and altert. Just today, it was announced that through the work of the Orange County elections office and the secretary oof state's office, a number of people have been charged with forging voter registration cards.
-- Dan Walters

Question: In an editorial on September 2, 2005, you wrote: "The State Reclamation Board, which oversees flood control, has raised flags about the dangers of building homes behind levees designed to protect farmland. But its warnings are largely ignored by local officials who are eager to approve new subdivisions and know that they won't be held liable should levees fail." Now a year later, I only see more of the same,the Clarksburg approval a glaring example. What does it take to get a responsible Rec. Board?
-- Dale Smith, Auburn

Answer: Board members are appointed by governor, who completely changed makeup of board after it declared that it would take a more activist role. SO I guess you'd have to change governors or change this governor's mind.
-- Dan Walters

Question: What do you anticipate will be the voter turnout for this election with such a long ballot? Will its length and complexity have a negative impact because we have so many propositons? I am concerned that many absentee voters have decided issues without hearing the full presentation of campaigns such as Propositon 90 and there may be a drop out by many voters not wanting to vote on the entire ballot.
-- Allen Settle, San Luis Obispo

Answer: Turnout is generally expect to be low, around 50 percent of those registered or perhaps 8 million voters. And roughly half of the votes will be cast by mail, so last-minute campaign appeals will have a diluted effect at best.
-- Dan Walters

Question: Hello. Does Doolittle think it's still OK for his wife to take a percentage of donations?
-- John Wadden, Auburn

Answer: Apparently he does.
-- Dan Walters

Question: I received an email from the Poochigian for Attorney General campaign claiming that Jerry Brown is not legally qualified to be attorney general at this time. They posit California Government Code 12503 which says: "No person shall be eligible to the office of Attorney General unless he shall have been admitted to practice before the Supreme Court of the state for a period of at least five years immediately preceding his election or appointment to such office." They say his law license has been inactive for 10 out of the last 14 years. What do you think?
-- Joel Hamburger, Oakland

Answer: The law as it applies to Jerry Brown is a bit ambiguous and the courts would have to sort it out. But I would wager that Brown will be elected and his election will not be voided by the courts.
-- Dan Walters

Question: You say that instant runoff voting (IRV) would eliminate primaries (Oct 11); it doesn't have to be that way. Each party could use IRV to choose their best candidate in their own primary (with especially positive effects when there is a crowded primary). IRV could then be used in the general election, eliminating the spoiler effect that third parties sometimes have. What are your thoughts on this arrangement?
-- Steve Chessin, Mountain View

Answer: I still don't see how it could work, without unnecessarily complicating a process that's already too obtuse. A better reform would be to open up primary voting to cross-party particiption, which would also give independents a role in primary voting.
-- Dan Walters

Question: Arnold Schwartznegger went AWOLl from the Austrian military to pursue bodybuilding, yet as Governor called the Native Americans "special interest." Gaming is their vehicle for self-reliance from centuries of marginilization, poverty and invisibility in their own land. Why did you and other media stay silent and not speak up about his disrespectful, demeaning name tagging and violation of human, civil rights of our great people? Everytime I think of this I still get a sick feeling.
-- Sadhana, Fremont

Answer: There are ever-shifting alliances in politics. That said, at the moment, Schwarzenegger is getting on well with casino-owning tribes by negotiating new compacts with them while Democrats in Legislature are on outs with tribes for blocking pacts due to pressure from labor unions. The schism is so severe that tribes may pump a lot of money into Republican campaigns in next week or two.
-- Dan Walters

Question: We elect our best choices to local office: they should be free to engage in frequent, informal conversations to find the best solutions to local issues. Under the Brown Act, however, most can only talk monthly in live public meetings to guarantee public access. In reality, that access is severely limited to those willing to show up real time. Wouldn't it be wise to create a way to involve electronic media to enhance open public discourse, allowing a faster pace than just regular face to face meetings and provide greater public access than just those that attend in person.
-- Rick Verbanec, Pebble Beach

Answer: You are probably correct, but whether electronically or in person, only relative handful of citizens ever becomes directly and intensely involved in governance. For the most part, we elect someone and forget about what they do, leaving it to the media to tell us.
-- Dan Walters

Question: By not releasing the details of the latest offer to the Kings, did the city and/or the county violate the California Brown Act since they obviously met in secret on public business to come up with the offer? And if they did, why hasn't there been something said?
-- Bob Poindexter, Orangevale

Answer: Local officials may have violated open records laws; that issue is still being litigated. But they probably didn't violate the Brown Act, which has many loopholes and exemptions allowing closed meetings.
-- Dan Walters

Question: I started to take an honest look at Prop. 86, for which I was inclined to vote. Check out the following. If they can't add any better than this I'll have to vote no. Main Accounts: Health and Disease Research Account, 5 percent; Health Maintenance & Disease Prevention, 44.50 percent; Health Treatment & Services, 52.50 percent; Total Percent Allocation for the Three Accounts, 102 percent.
-- Philip Thompson, Gold River

Answer: According to the Legislature's budget analyst, the first $180 million raised by the proposed cigarette tax each year would "backfill" other programs supported by existng cigarette taxes and the remainder would be divided this way: 52.75 percent for health treatment and services (mostly hospital emergency care), 42.25 percent to health maintenance and disease prevention (mostly children's health coverage), and 5 percent to health research. That does, in fact, add up to 100 percent, so the reader should recheck his arithmetic.
-- Dan Walters

Question: When did Governor Schwarzenegger receive his B.A. degree? Is it an honorary degree?
-- Joanne, Sacramento

Answer: Schwarzenegger attended Santa Monica Community College after making his way to California and obtained a bachelor's degree in economcis and business from the University of Wisconsin-Superior in 1979 after taking classes mostly by correspondence, although he did do some lecturing at the university on physical fitness. He later was awarded an honorary doctorate from the University of Wisconsin.
-- Dan Walters

Question: LAPD's Bill Bratton, an outsider from New York, came into Los Angeles from New York City and took over than very insular and troubled department and turned it around. Your newspaper has exposed an endless series of scandals involving the highest-ranking leaders in the California Highway Patrol. The San Diego Tribune recently ran an editorial describing the leadership of the California Highway Patrol as "Dumb and Dumber." Nonetheless, there is seemingly no reaction from the CHP's ultimate leader, Governor Schwarzennegger, or his staff ? The governor was elected promising reform in state government. Why no action on this front ?
-- Lamar P. Jablonski, San Diego

Answer: It's an election year and Schwarznegger is already squabbling with prison guards union. He doesn't need another squabble with cops on another front.
-- Dan Walters

Question: What are your predictions on the prospects for passage of Propositions 86, 87 and 90?
-- Allen K. Settle, San Luis Obispo

Answer: Propositions 86 and 87 are looking very dicey, but Proposition 90 appears to be winning.

Question: Why wouldn't instant runoff voting (IRV) for partisan offices make partisan primaries unnecessary? If we have to have primaries, why can't they be combined with IRV in the general election?
-- Bob Richard

Answer: What you propose, depending on details, would eliminate partisan offices as a practical effect, which may sound good at first blush but impractical and perhaps corrosive in practice. Nature abhors a vaccuum, even in politics, and it's a well demonstrated fact that even where there is supposedly no partisan competition, such as in local governments, de facto parties arise as factions. The same is true in areas, such as San Francisco and Orange County, where one party utterly dominates the political landscape.

The competition between these factions is as intense as that between parties but is driven underground and results in factional bosses that choose candidates and control the process without public transparency. You might recall that the primary was a reform aimed at reducing or eliminating the power of party bosses and giving it to ordinary voters.

The primary is a flawed institution, to be certain, and its flaws have allowed bossism to arise anew, but it's still better than the alternative, and could be improved by returning to the open primary that we had for exactly one election cycle in the 1990s before the two parties got together and successfuly challenged it in court.

The bottom line: What you propose is unworkable and would result in less democracy and more control by political elites.
-- Dan Walters

Question: Do elections have to be two rounds? What do you think of instant runoffs (with ranked-choice voting)? They provide fairness, freedom of expression and savings.
-- David A. Holtzman, Los Angeles

Answer: Instant runoffs can be workable in nonpartisan contests but would be unworkable for partisan offices because they would eliminate the primary in which parties choose their candidates.
-- Dan Walters

Question: Political ads announce that ballot measures on infrastructure Propositons 1A to 1E will not raise taxes. Is it not the case that $37 billion in general obligatiion bonds is an increase in taxes even if it is in bonded debt?
--A Settle, San Luis Obispo

Answer: Not necessarily. Servicing the bonds over the years of their maturity is a general fund obligation which comes before ordinary spending. Thus, it reduces the money available for other forms of spending, which could be handled by either reducing the other spending or raising taxes.
-- Dan Walters

Question: When is a negative ad just plain deceitful and boardering on slander? A recent Para ad against Gilmore states he has no ties to the community, when in fact he worked several years, retired, and continues to live in the district. Are all negative ads this reckless?
-- Steve Corl, Lemoore

Answer: We fact check and report on statewide ads and local media should do the same on local political ads
-- Dan Walters

Question: Which of the lesser known appointed positions by the governor have the biggest impact on California (whether financial or in the level of services to the public)?
-- Tim Mickael, Los Angeles

Answer: Offhand, I would say his appointees to major regulatory boards such as Public Utilities Commission and Air Resources Board, whose decisions can have far-reaching, multi-billion-dollar impacts on business and consumers.
--Dan Walters

Question: Do you think Prop. 86 will pass?
-- Taek, Sacramento

Answer: I think it's a tossup.
-- Dan Walters

Question: What is the outcome of SB 1204 where in the prior lift team law is defined and amended with specific demands to meet the proposed Jan. 1, 2007 effective date. Thank you. I have searched the gov web site and and not sure what was indicated and if it's status is up to date.
-- Placerville

Answer: The governor vetoed the bill with these words:

I am returning Senate Bill 1204 without my signature. This bill would require hospitals to implement zero-lift policies relative to the lifting and movement of patients and is similar to measures I vetoed in each of the past two years. Last year, I expressed concern regarding the inflexible requirements imposed by the bill, but indicated a willingness to consider a mandate if hospitals did not take action to enact lift policies voluntarily.

Since my veto message of last year, hospitals of all sizes from throughout the state have reported on progress made in implementing lift policies. I applaud their efforts and encourage the continued development of these policies. I believe this is proof that allowing hospitals the flexibility to implement lift policies that meet their individual needs is far more effective than imposing a rigid one-size-fits-all mandate on every hospital in California.

Question: Proposition 90 is the most deceptive measure on the ballot. If passed, it will greatly damage land use policy of local government. What is your feeling on this measure and what unintended consequences do you see if it passed on Nov. 7?
-- Allen Settle, San Luis Obispo

Answer: I doubt whether it's the most deceptive measure, but it does contain a significant kicker beyond tightenin up eminent domain takings by requiring compensation to those whose property loses value due to government restrictions. That's why some conservative, anti-tax groups are opposing it.

Question: I may not vote for either governor candidate. Are there others who feel this way?
-- Dale R. Molesworth, Buellton

Answer: You're actually in the majority, at least implicitly. There are 22 million or so Californians eligible to vote, two-thirds of which are actually registered, and of the latter, it's doubtful whether more than half - or about one-third of the potential voters - will actually cast ballots this year.

Question: Do you believe the legislature should establish minimum requirements for the office of state controller? It's unbelievable that someone without a background or experience in finance or accounting could be the state's chief financial officer.
-- H.J. Robings, Thousand Oaks

Answer: I do not support such qualifying actions. Any reasonably intelligent person can handle the office since 99-plus percent of the work is done by professional staffers. The controller is largely a figurehead who makes occasional public appearances, usually in pursuit of the governorship or some other office.

Question: What happens if illegals vote in the November election? How does the state verify if these people are citizens or not? Why don't we have to show some identification to vote?
-- R. Matul, Napa

Answer: For the most part voting is on the honor system, but ID is bound to tighten up under new federal security laws.

Question: Would The Bee consider adding once-per-week in its political e-news letters an ongoing feature on statewide ballot proposition recommendations from the state's other major daily newspapers through the November 7 election?
-- Dave Phillips, Inglewood

Answer: That's not in my purview but I'm passing it on to those who decide such things.

Question: Do you trust voting machines?
-- Sue Cummings, Lakewood

Answer: Yes

Question: If I register as "decline to state" when I vote, what exactly does that mean?
-- Mandy Brazell, Sacramento

Answer: It means you are not a registered voter in either party but can vote as you please. More than 18 percent of voters are now DTS.

Question: Do you think it is likely that Judge Henderson will order a federal take-over of the entire state prison system before the end of the year? Thank you.
-- Valeree Lee, Glendale

Answer: By the end of the year is doubtful but sometime is a very distinct possibility.
-- Dan Walters

Question: Of what significance is it that, after spending $30 million since the primary, Gov. Schwartzenegger still isn't breaking 50% in the polls - especially given the fact that he is well-known to 100% of Californians?
-- Linda Rice, Woodland Hills

Answer: Most polls have him over 50 percent among likely voters. Given his position a year ago he's doing remarkably well.
-- Dan Walters

Question: Can Oakland Mayor Jerry Brown run for governor of California? I know he was governor for two terms, but did those two terms come before term limits was law?
-- Randolph, Sacramento

Answer: JB has two terms of gubernatorial eligibility remaining, but he'd be 72 years old in 2010.
-- Dan Walters