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James V. Lacy

Constitution supports Presidential Reform Initiative

   The Federal Constitution states at Article II, Section 1 that states shall "appoint, in any manner as the Legislature therof may direct, a Number of Electors" for the purpose of electing the President and Vice-President of the United States.

   The California Constitution empowers the people of the state at Article II with "all inherent political power" to act as the legislature through the initiative process to "propose statutes and amendments…" and to "adopt or reject them."

   In California, the Legislature is not the exclusive source of legislative power; the constitution also includes the people’s powers of initiative and referendum.  Professional Engineers in California Government v. Kempton (2007) 56 Cal.Rptr.3d 814, 40 Cal.4th 1016, 155 P.3d 226.  The people’s reserved power of initiative is greater than power of the legislature. Rossi v. Brown (1995) 38 Cal.Rptr.2d 363, 9 Cal.4th 688, 889 P.2d 557.   All presumptions favor the validity of initiative measures. California Family Bioethics Council v. California Institute for Regenerative Medicine (App. 1 Dist. 2007) 55 Cal.Rptr.3d 272, 147 Cal.App.4th 1319, review denied.  The initiative power must be liberally construed to promote the democratic process. California Assn. of Retail Tobacconists v. State of California (App. 4 Dist. 2003) 135 Cal.Rptr.2d 224, 109 Cal.App.4th 792, review denied.  The voters’ power to decide whether or not the Legislature can amend or repeal initiative statutes is absolute and includes the power to enable legislative amendment subject to conditions attached by the voters. Professional Engineers in California Government v. Kempton (2007) 56 Cal.Rptr.3d 814, 40 Cal.4th 1016, 155 P.3d 226. 

   The Presidential Elector Reform Initiative is a needed reform that will guarantee that California’s diversity will be represented in the Electoral College, and also make California relevant in the presidenital election process.  Other states, such as Maine and Nebraska, have similar laws.  The proposed California initiative, as stated above, is also strongly supported by the legal authorities and the Federal and state constitution.  All voters need to do to make this necessary reform happen is sign the petition and then vote "Yes" in June!