Despite Gov. Gavin Newsom’s warning that Proposition 36 would revert California to “1980s-era” policies and his urging voters to reject it, Californians have pushed the measure to a nearly 5 million-vote lead as of Tuesday.

The proposition, which increases the punishment for some drug and theft offenses, is all but guaranteed to pass with overwhelming support when the final votes are tabulated. As of Tuesday, it was backed by 69% of voters over the opposition of the state’s progressive establishment.

The Opponents

Opponents included U.S. Sen. Alex Padilla and many Democratic leaders, as well as the California Democratic Party.

The American Civil Liberties Union of Northern California, the Alliance for Safety and Justice, and prominent figures such as Cristine Soto DeBerry, executive director of the Prosecutors Alliance Action, and Don Frazier, executive director of the Reentry Providers Association of California, also opposed the measure.

Diana Becton, district attorney of Contra Costa County, and retired San Diego Police Chief William Lansdowne were also among those opposing Prop. 36.

Ballotpedia reported Gov. Newsom saying, “Prop. 36 takes us back to the 1980s, mass incarceration, it promotes a promise that can’t be delivered. I would ask those who support it, particularly mayors: Where are the treatment slots, where are the beds? Twenty-two counties don’t have one residential treatment facility. Twenty-two counties don’t have one. I mean, they’re lying to you.”

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Smittcamp: Prop 36 Provides Tools to Hold Serial Offenders Accountable

A bipartisan coalition of supporters argued that the measure addresses repeat criminal behavior. Groups such as Crime Victims United of California, the California District Attorneys Association, and the Family Business Association of California backed Prop. 36, according to Ballotpedia.

Fresno County’s District Attorney Lisa Smittcamp, a proponent of this measure, said, “The overwhelming passage of Proposition 36 sends a clear message from the people of California: They are fed up with the rise in criminal behavior and the lack of meaningful consequences. For years, criminal activity has continued largely unchecked due to insufficient accountability.”

She continued, “Proposition 36 changes that by equipping District Attorneys and law enforcement with the tools needed to hold repeat offenders accountable, while also offering rehabilitation options for those trapped in cycles of addiction. This common-sense measure helps correct the unintended consequences of Proposition 47. With Proposition 36, California can now take a more proactive approach to addressing repeat offenders.”

As the final votes are counted, Prop. 36’s decisive victory signals a potential shift in California’s approach to criminal justice, amid continuing debates over balancing public safety with fair sentencing practices.