A long overdue reform of who writes the wording for state ballot initiatives and referendums is before the Legislature. The bipartisan Senate Constitutional Amendment 3 is sponsored by state Sens. Roger Niello, R-Fair Oaks, and Tom Umberg, D-Anaheim. The proposal would switch responsibility for writing the title and summary of ballot measures from the elected attorney general, currently Democrat Rob Bonta, to the nonpartisan Legislative Analyst’s Office.
The problem with the existing system is the AG post is the highly political nature of the position, often a stepping stone to promotions to governor or U.S. senator. Jerry Brown, Kamala Harris and Xavier Becerra all used the post as a stop on the way to future political posts. Entrusting politicians with an eye toward re-election and future political office with handing contentious ballot measures in a fair manner is too much to expect.
We endorsed Bonta for his 2022 re-election in part because for that year’s elections “he has stuck to his promise to describe ballot measures in a neutral manner.” Unfortunately, that didn’t last too long. His title for Proposition 5 last year read, “Allows local bonds for affordable housing and public infrastructure with 55% voter approval.” Bonta left out the key part: the measure was reducing from two-thirds to 55% the threshold to pass local bonds. In other words, it was making it easier for local governments to take on debt and pass along the costs to local taxpayers.
Bonta’s sneaky presentation yielded a lawsuit from the Howard Jarvis Taxpayers Association. Superior Court Judge Shelleyanne W.L. Chang agreed with HJTA, but the Third District Court of Appeal reversed her and let the inaccurate language stand. Fortunately, voters saw through the subterfuge and defeated it in November anyway, with the nay vote ironically also 55%.
A HJTA lawsuit in 2020 likewise objected to Becerra’s title for Proposition 15, which would have gutted the venerable Proposition 13 tax limitation measure from 1978 by allowing a “split roll,” meaning much higher taxes on business properties. Becerra titled the measure, “Increases Funding for Public Schools, Community Colleges, and Local Government Services by Changing Tax Assessment of Commercial and Industrial Property.” Such wording obfuscated what Prop. 15 would really have done. HJTA lost its challenge on this as well, but voters rejected the tax increase at the polls, with 52% opposing it.
The LAO is a good place to write the initiative titles and summaries. Its budget and other analyses are known for their accuracy and objectivity. Indeed, its analysis of Prop. 5 in the ballot pamphlet sent to voters, but which not everybody read, correctly pointed out, “These costs would be paid with higher property taxes.” That’s what Bonta should have written.
Bonta and Becerra “abandoned what we believe is fiduciary responsibility to provide unbiased, objective material,” explains Jon Coupal, president of the Howard Jarvis Taxpayers Association. By contrast, he said, Legislative Analyst Gabriel Petek and his predecessors “all have been relatively good, although we may quibble on some things.”
With the 2026 election now approaching, Bonta said earlier this month he’s not running for governor, but for re-election as AG. For our endorsement decision, we’ll be watching closely his ballot titles and summaries to see if he returns to the accurate language he used in 2022.
But, at the end of the day, he shouldn’t have that responsibility. Nor should any other elected politician.
Just give the voters the facts. Let them decide.