Late yesterday the citizens assembly bill was dropped but not
until the end of today was it printed and posted online. I've
attached below links to relevant bill information. I've also
placed the same links on my citizens assembly blog.
Here's my brief summary of the highlights of the bill. In many
way it tracks the citizens assembly legislation in British
Columbia. Most notably, the bill by definition seeks to create a
citizens assembly via an act of the legislature. This worked in
British Columbia, but a basic assumption here is that it won't
work in California, which is why the initiative option is so
important. Normally, a bill that isn't going to go anywhere
(which is the case with the vast majority of bills) wouldn't be
of much interest. But in this case, because it's a dry run for
an initiative, the significance of this bill is quite different.
Although the spirit of the bill is very much in tune with the
British Colubmia citizens assembly legislation, many of the
details are quite different. One of the most important
differences is the scope of the citizens assembly agenda. The
British Columbia citizens assembly had a very narrowly
prescribed agenda. The agenda for this citizens assembly is
essentially wide open. Just about any reform having to do with
campaigns and elections, including campaign finance, is within
the jurisdiction of this citizens assembly. That doesn't mean
the citizens assembly has to do more than one simple thing as
was done in British Columbia, but nothing in this enabling
legislation prevents it from trying to tackle a more ambitious
agenda.
On a related front, the British Columbia citizens assembly
presented only one recommendation for a ballot item. But this
citizens assembly can create as many ballot items as it so
chooses.
Giving the citizens assembly such a wide agenda is a very risky
maneuver; the citizens could easily be overwhelmed. But because
the bill has devised some clever ways to put a first class chair
in charge of the process, I think the dangers of giving a lot of
options to the citizens assembly is significantly mitigated,
although still a source of great uncertainty and risk.
Another major difference is the creation of a selection task
force. The mechanism of randomly selecting via a stratified
sample two members (a man and woman) from each assembly district
closely parallels the British Columbia member selection system.
But, in addition, a selection task force is given the power to
select ten additional folks to ensure the overall assembly is
representative of California's citizenry. The process of
selecting this selection task force committee is fairly
complicated. The task force would consist of six eminent
academic experts, two each selected by the President of the
University of California, the Chancellor of the California State
University, and the president or a chancellor of a PRIVATE
university. The selection task force is a safety valve in case
something goes seriously wrong with the stratified random sample
and there is an anomaly such as far too few of a particular
minority or political party. Overall, it would be great if we
could have complete confidence in the stratified random sample.
But since that's a pretty risky bet, I think this is a
reasonable hedge involving less than 10% of the potential
members.
The selection task force also has another novel function:
nominating three individuals to be chair of the citizens
assembly and then submitting their names to the citizens
assembly members for a vote. This is novel in two respects:
first, the British Columbia citizens assembly members had no
choice in their leadership; and second, this new type of body is
given control of the nominating function. Overall, this makes
the governance of the citizens assembly far more democratic than
the British Columbia citizens assembly. Whether this is a good
or bad ideas depends a lot on one's assessment of the judgment
of the average citizens in this type of democratic entity. I
happen to have a lot of confidence in the judgment of average
citizens when they are highly motivated and given good
information, which I hope and expect will the case here. So I
applaud this nod to greater democracy and pray that my hope is
justified.
The bill doesn't set a start date for the citizens assembly's
deliberations. But it does set a few deadlines: January 1, 2008
for the assembly's final report, March 31, 2008 to get ballot
items to the Secretary of State, and November 4, 2008 for
citizens to vote on those ballot items.
The bill is nine pages long, but there is a lot missing,
including ethical guidelines for citizens assembly members. The
goal was to get a skeleton of a bill out there and then feel
free to amend it. Most notably, the bill plants a stake in the
ground to start raising support for an initiative. That's where
the real excitement should be going forward, and it is going to
be a sprint to the finish--difficult but not impossible--to
raise millions of dollars for the campaign, get the requisite
signatures, and get it all done within less than six weeks.
Naysayers will say it cannot be done. But I believe the fun has
just begun; and with the passionate backing of these two very
experienced political hands--Canciamilla and Richman--it can and
will be done.
You may send your comments on the bill directly to Assemblyman
Canciamilla by using this
page. This is a remarkable feature of California's bill
tracking system, and I wish that Congres and my own state of
Maryland had something similar. So for all its flaws,
California's legislature is doing something right.
Bill Links
A pdf of bill ACA28
General Bill Information Page for bill ACA28