2016 California Proposition 59

none Proposition 59 Corporate Political Spending Advisory Question 6845943 6027084 14610509 19411771 300px County results Yes #47729E 70–80% #7D9CBB 60–70% #B6C8D9 50–60% No #BCBC83 60–70% #DEDEBD 50–60% Source: California Secretary of StateStatement of Vote - November 8, 2016, General Election December 16, 2016 http://www.sos.ca.gov/elections/prior-elections/statewide-election-results/general-election-november-8-2016/statement-vote/ January 7, 2017 California Proposition 59 is a non-binding advisory question that appeared on the 2016 California November general election ballot. It asked voters if they wanted California to work towards overturning the Citizens United U.S. Supreme Court ruling. Background Citizens United v. FEC On January 21, 2010, the U.S. Supreme Court delivered its 5–4 decision on Citizens United v. FEC, ruling that freedom of speech prohibited the government from restricting independent political expenditures by a nonprofit corporation. The principles articulated by the Supreme Court in the case have also been extended to for-profit corporations, labor unions and other associations.Cillizza Chris How Citizens United changed politics, in 7 charts https://www.washingtonpost.com/news/the-fix/wp/2014/01/21/how-citizens-united-changed-politics-in-6-charts/ 4 February 2016 The Washington Post January 22, 2014https://www.usnews.com/news/articles/2015/01/21/5-years-later-citizens-united-has-remade-us-politics How Citizens United Has Changed Politics in 5 Years 21 January 2015 U.S. News & World Report https://archive.today/20170124174819/http://www.usnews.com/news/articles/2015/01/21/5-years-later-citizens-united-has-remade-us-politics 2017-01-24 live Levy Gabrielle 4 February 2016 This decision was criticized by a number of politicians, academics, attorneys and journalists because it allows unlimited election spending by corporations. Members of 16 state legislatures (including California's) have called for a U.S. constitutional amendment to reverse the court.Blumenthal Paul Citizens United Constitutional Amendment: New Jersey Legislature Seeks Reversal Of Ruling http://www.huffingtonpost.com/2012/10/18/citizens-united-amendment-new-jersey_n_1981950.html The Huffington Post October 18, 2012McCarter,Joan, "Oregon becomes 16th state to call for amendment overturning Citizens United", Daily Kos, July 2, 2013 The California State Legislature originally put Proposition 49 on the 2014 California November general election ballot. It would have been a non-binding advisory question presented to voters, asking if the U.S. Congress should propose a constitutional amendment to overturn Citizens United. However, the California Supreme Court ordered that the measure be pulled from the ballot pending further state constitutional review: at issue was that the state legislature had no defined specific power in either the state constitution or in any other state law to place such advisory measures on the ballot.http://blogs.kqed.org/newsfix/2014/08/11/prop-49-removed-from-california-fall-ballot/ 'Citizens United' Measure Removed From California's Fall Ballot KQED August 11, 2014 August 23, 2014 https://web.archive.org/web/20140826161256/http://blogs.kqed.org/newsfix/2014/08/11/prop-49-removed-from-california-fall-ballot/ August 26, 2014 dead mdy-all The California Supreme Court ruled in January 2016 that such an advisory question could indeed be placed on the ballot,Nichols John 2016-01-05 California Could Sound the Loudest Call Yet for Overturning 'Citizens United' en-US The Nation https://www.thenation.com/article/archive/california-could-sound-the-loudest-call-yet-for-overturning-citizens-united/ 2022-11-02 0027-8378 and the California State Legislature subsequently placed Proposition 59 on the November ballot. The advisory question The proposition does not having any binding legal effect, nor any direct fiscal effect. California previously used voter instructions in the Article V process in an 1892 proposition placed on the ballot by the Legislature in support of the 17th Amendment (Direct Election of Senators). The proposition asks, "Shall California's elected officials use all of their constitutional authority, including, but not limited to, proposing and ratifying" constitutional amendment(s) to overturn Citizens United.http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB254 Bill Text - SB-254 Campaign finance: voter instruction Government of California 21 August 2016 Under Article Five of the U.S. Constitution, the process for amending the Constitution can only be initiated by either Congress or a national convention assembled at the request of the legislatures of at least two-thirds (at present 34) of the states. Then, at least three-fourths (at present 38) of the states must approve the proposed amendment before it becomes law.The Constitutional Amendment Process https://www.archives.gov/federal-register/constitution/ The U.S. National Archives and Records Administration November 17, 2015 Editorial opinion Support The San Francisco Chronicle stated that even though it is non-binding, Proposition 59 "is too important to bypass" and that it "would affirm this state's commitment to genuine campaign finance reform".Chronicle recommends: Yes on state Prop. 59 http://www.sfgate.com/opinion/editorials/article/Chronicle-recommends-Yes-on-state-Prop-59-9206221.php San Francisco Chronicle September 7, 2016 September 12, 2016 San Jose Mercury News The Daily Californian Sacramento Bee Oppose The Los Angeles Times wrote in opposition, citing the difficult process of amending the Constitution, as well as the fact that Proposition 59 does not exactly specify what such a proposed constitutional amendment would actually say. Meanwhile, "Citizens United, which was decided only six years ago by a mere 5–4 majority, could plausibly be reconsidered or narrowed with a change in the court's membership."Prop 59: Don't amend the Constitution over Citizens United http://www.latimes.com/opinion/editorials/la-ed-proposition-59-20160906-snap-story.html Los Angeles Times September 6, 2016 September 12, 2016 The Ventura County Star suggested voters leave their votes blank to show opposition both to Citizens United and to advisory measures.Editorial: Do not vote on Prop. 59 September 30, 2016 Ventura County Star http://www.vcstar.com/story/opinion/editorials/2016/09/30/editorial-do-not-vote-prop-59/91290096/ December 13, 2016 References External links Official Voter guide for California voters, November 2016, pages 12, 64–67. Yes on 59 Category:2016 California ballot propositions