Please ensure Javascript is enabled for purposes of website accessibility
Walters: California Tests Populist Vision of ‘Direct Democracy’
dan_walters
By Dan Walters, CalMatters Commentary
Published 4 years ago on
August 4, 2021

Share

California’s great reformer, former Gov. Hiram Johnson, envisioned that “direct democracy” would be an effective curb on special interest influence.

At the time, more than a century ago, the Southern Pacific Railroad dominated a corrupt state Legislature and other political venues. Johnson wanted voters empowered to circumvent such dominance via initiative (legislating by ballot measure), referendum (repealing laws passed by the Legislature) and recall (ousting politicians deemed ineffective or corrupt).

The next 15 months will be an especially busy test of Johnson’s direct democracy.

A recall directed at Gov. Gavin Newsom, once a longshot, now appears to have a fair chance of succeeding. Mail voting will begin in a couple of weeks and Newsom and his Democratic Party are obviously worried that low turnout of pro-Newsom voters could be fatal to his political career.

Looking ahead to the general election in November 2022, voters will face at least one referendum and three initiatives that are drawing both support and opposition from moneyed interests — a scenario far different than Johnson’s populist vision.

Medical Malpractice Lawsuits and MICRA

Dan Walters

Opinion

The referendum, backed by the tobacco industry, would torpedo Senate Bill 793, a 2020 measure signed by Newsom that bans flavored tobacco products. SB 793 backers contended that it was needed because “Fueled by kid friendly flavors like cotton candy and bubblegum, 3.6 million more middle and high school students started using e-cigarettes in 2018.”

One initiative is the latest skirmish in a 46-year battle over legislation signed by Jerry Brown in 1975, his first year as governor, that limits “pain and suffering” damages in medical malpractice lawsuits to $250,000.

Medical care providers and their insurers backed the law, known as MICRA, to curb what they said were outlandish damage awards that were making medical services financially untenable.

Ever since, personal injury lawyers and their allies have tried, both in the Legislature and via the ballot, to modify or repeal MICRA, but have repeatedly failed. The 2022 initiative would keep MICRA on the books, but make its limit virtually meaningless.

Keeping Manufacturers Accountable for Reducing Plastic Waste

A second initiative is another skirmish in a years-long battle, this one between environmental groups and the plastics industry over responsibility for waste. The former have often prevailed in the legislative arena and at the ballot. Their new measure would directly impose the burden for reducing plastic waste on manufacturers.

Proponents have already raised several million dollars to pass the measure, but while the American Chemistry Council opposes it, no formal campaign against it has been announced.

Expanding Legal Gambling into Sports Betting

The third initiative promises to be the most expensive because it will determine control of what could be a multi-billion-dollar expansion of legal gambling into sporting events.

Sponsored by a coalition of Indian tribes that already have a monopoly on slot machines and other forms of casino gambling, the new measure would give them and a few horse racing tracks a similar monopoly on sports wagering, which is now illegal.

The tribal ballot measure climaxes years of wrangling in the Legislature over the legalization of sports betting that went nowhere.

Under the measure, such bets would have to be placed in person at the casinos or tracks and it’s likely to be opposed by on-line sports betting sites such as DraftKings and FanDuel, which have hinted they may place their own measure on the ballot.

At the moment, however, the tribes’ only formal opposition comes from poker parlors which see sports betting as new competition for Californians with a yen to gamble.

It’s theoretically possible that other measures could make the 2022 ballot, but given the signature requirements and deadlines, it’s highly unlikely that more will surface.

CalMatters is a public interest journalism venture committed to explaining how California’s state Capitol works and why it matters. For more stories by Dan Walters, go to calmatters.org/commentary.

[activecampaign form=31]

RELATED TOPICS:

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

UP NEXT

Health Care Is a Lifeline. The Central Valley Deserves Better.

Britain and Allies Sanction Israeli Far-Right Ministers for ‘Inciting Violence’

1 hour ago

Trump Aide Criticizes Mexican President on Los Angeles Protests

2 hours ago

Wall Street Ends Higher as Investors Track Progress of US-China Trade Talks

(Reuters) – The S&P 500 ended higher on Tuesday, lifted by a rally in Tesla as investors bet on positive results from U.S.-China t...

19 minutes ago

Traders work on the floor at the New York Stock Exchange (NYSE) in New York City, U.S., June 5, 2025. REUTERS/Brendan McDermid/ File Photo
19 minutes ago

Wall Street Ends Higher as Investors Track Progress of US-China Trade Talks

A bridge crane damaged by Israeli air strikes is pictured in the Red Sea port of Hodeidah, Yemen July 31, 2024. REUTERS/Khaled Abdullah//File Photo
44 minutes ago

Israel Strikes Hodeidah Port, Threatens Naval, Air Blockade

U.S. President Donald Trump boards Air Force One as he departs for North Carolina at Joint Base Andrews, Maryland, U.S., June 10, 2025. REUTERS/Evelyn Hockstein
1 hour ago

Trump Warns Protests at Army Parade Will Be Met With Force

Far-right Israeli lawmakers Itamar Ben Gvir, center, and Bezalel Smotrich, right, attend the swearing-in ceremony for the new Israeli parliament, at the Knesset, or parliament, in Jerusalem, November 15, 2022. Maya Alleruzzo/Pool via REUTERS/ File Photo
1 hour ago

Britain and Allies Sanction Israeli Far-Right Ministers for ‘Inciting Violence’

Mexico's President Claudia Sheinbaum attends a press conference on the country's first judicial election, held on June 1, at the National Palace, in Mexico City, Mexico June 2, 2025. REUTERS/Henry Romero/File Photo
2 hours ago

Trump Aide Criticizes Mexican President on Los Angeles Protests

People attend a rally against federal immigration sweeps, in downtown Los Angeles, California, U.S. June 9, 2025. REUTERS/David Ryder
2 hours ago

Do Americans Support Trump’s Use of Marines in LA? The Numbers Might Shock You

Mourners react during the funeral of Palestinians killed by Israeli fire, according to the Gaza health ministry, near an aid distribution center in central Gaza, at Al-Shifa hospital, in Gaza City, June 10, 2025. REUTERS/Dawoud Abu Alkas
2 hours ago

Israeli Gunfire Kills 17 People Near Gaza Aid Site, Health Officials Say

Palestinians wait to receive food cooked by a charity kitchen, in Jabalia, in the northern Gaza Strip, May 19, 2025. REUTERS/Mahmoud Issa
3 hours ago

Parliament Member Corbyn Calls for Inquiry Into UK Role in Gaza War

Help continue the work that gets you the news that matters most.

Search

Send this to a friend