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    California Court: Prop 30 tax increase illegally put at top of ballot, but too late to do anything about it

    California Court: Prop 30 tax increase illegally put at top of ballot, but too late to do anything about it

    I wanted to share with Legal Insurrection readers an example of ballot measure manipulation that was partly responsible for the November approval of one of the biggest take hikes approved by California in years.

    Cal Watchdog writer Katy Grimes has this report about a recent court ruling that declared the placement of the tax measure at the top of the ballot was illegal, but that it is too late to do anything about it because the election already took place, Proposition 30 at the top of the ballot was illegal.

    Anyone who still believes that there isn’t monkey business in politics needs only to look at the most recent election and a significant legal ruling handed down on Friday regarding Proposition 30. While it may seem too little, too late, this ruling does matter.

    The California State Court of Appeals found that Gov. Jerry Brown and the California Legislature manipulated the ballot process, maneuvering Prop. 30 to land at the top of the ballot, above all of the other ballot measures. Prop. 30 increased taxes $6 billion a year.

    Political deception was required to get Proposition 30 was placed at the top of the ballot. An assembly bill (AB 1499) was deemed a “budget Bill”, and was forced quickly through the California Legislature.

    AB 1499 cleared the way for Brown’s tax increase initiative, Prop. 30, to receive the number one placement on the November ballot. The bill altered the California statute regarding how ballot measures are placed on the ballot.

    Brown was not only desperate to get his tax increase measure on the ballot, he needed it to stand out in the crowded field of ballot initiatives.

    Because the budget now only needs a simple majority vote to pass, Democrats created the bill language, and then dropped it into a “spot” budget bill. If the bill had any language about tax increases, it would have needed a two-thirds majority vote by the Legislature.

    The “spot” bill, an empty bill awaiting language, was shoved through the Legislature with such force, it passed in only two days. There were no committee hearings or public vetting.

    Examiner writer Lorraine Yapps Cohen notes that ultimately the holding of illegality changes nothing, What difference will it make?

    California Court of Appeals, however, spotted the “spot” bill and declared it illegal. The questionable legislation putting Prop 30 on top was deemed unconstitutional.

    That’s fine. But those who have had a court rule in their favor find that nothing coerces the perpetrator to make amends for losses. And so, we the people have Prop 30 still on the books, collecting 6 billion tax dollars from us every year illegally.

    Many citizens are rightly concerned with voter fraud. However, let story this be a lesson to Californians and other Americans: Pay attention to how business gets done in your state capital.

    Even though the court ruling allows for future challenges to spot bills, it will do nothing to stop the new Proposition 30 taxes from being implemented.

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    snopercod | January 27, 2013 at 8:32 pm

    Here in NC, election law dictates that parties be placed on the ballot in alphabetical order. Therefore the Democrat candidates are always listed before the Republican candidates. Now that we have a Republican majority in the Assembly, maybe we can change that.

    We have a president who is unconstitutionally qualified to hold office, and it seems it’s too late to do anything about that either. (Not true.)

    As only a bozo named Hillary Clinton would say, “What difference does that make now?”


     
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    sablegsd | January 27, 2013 at 9:44 pm

    So tell me again why we have to follow the law.

    Tax Refferendum:  Vote for one of the following:

    (1)   Raise taxes by 5 percentage points.

    (2)   Taxes will be strictly limited, with any increase being no more than five percentage points, such increase to the specified maximum to be implemented immediately only by confirmation by a special majority vote of the legislature.

    (3)   Taxes will be strictly limited, with any increase being no more than five percentage points, such increase to the specified maximum to be implemented immediately only by confirmation by TWO special majority votes of the legislature. The legislature has already voted to NOT RAISE TAXES unless and until there is approval of this ballot measure.

    (4)   Taxes will be strictly limited, with NO TAX INCREASE up to 5 percentage points, except by emergency, special session of the legislature.

    (5)   Republicans have provided here that taxes will remain at their current heartless levels, benefitting greedy millionaire and billionaire business owners, and causing CONTINUED HUNGER, HOMELESSNESS, LACK of JOB TRAINING, and REDUCTION of VITAL SERVICES, depite a continuing humanitarian need for revenue.

    (5) A special, dedicated fund will be established as a lock-box, secure repository to be funded by an additional contributory tax of 5 percentage points, for the sole benefit of orphans, the starving, the homeless, training of the unskilled, and services supporting the continuation of life at the extreme, including hospice care for the destitute. Upon special vote, the legislature may include other worthy objectivess for this dedicated fund.

      None of the above. [Idiot! There are two (5)’s] Instead I vote for number 7.

      (7) Immediate 5% reduction in all taxes, followed in one year by another immediate 5% reduction in all taxes, followed in another year by another immediate 5% reduction in all taxes, followed in another year by another immediate 5% reduction ……….,.,…………. and on and on and on.

      To 49erDweet,

      You seem to have a deficit in recognizing sarcasm. What do you think my comment was about?

      Yes, there are two (5)’s. That’s a typo. So what? I suppose that you are a little old school teacher, looking for typo’s instead of content.

      Leslie Eastman’s post was about manipulation of ballot measures to get approval. How does your comment relate to that?

    If anyone naively says we are a nation ruled by laws anymore, I’ll derisively laugh at them mercilessly. God only knows how far we have fallen from our founding ideals. What a shame.


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