Votescam.(The Talk of the Town)(California rule on elections)

At first glance, next year's Presidential election looks like a blowout. But it might not be. Luckily for the incumbent party, neither George W. Bush nor Dick Cheney will be running; indeed, the election of 2008 will be the first since 1952 without a sitting President or Vice-President on the ballot. At the moment, survey research reflects a generic public preference for a Democratic victory next year. Still, despite everything, there are nearly as many polls showing particular Republicans beating particular Democrats as vice versa. So this election could be another close one. If it is, the winner may turn out to have been chosen not on November 4, 2008, but five months earlier, on June 3rd.

Two weeks ago, one of the most important Republican lawyers in Sacramento quietly filed a ballot initiative that would end the practice of granting all fifty-five of California's electoral votes to the statewide winner. Instead, it would award two of them to the statewide winner and the rest, one by one, to the winner in each congressional district. Nineteen of the fifty-three districts are represented by Republicans, but Bush carried twenty-two districts in 2004. The bottom line is that the initiative, if passed, would spot the Republican ticket something in the neighborhood of twenty electoral votes--votes that it wouldn't get under the rules prevailing in every other sizable state in the Union.

The Tuesday after the first Monday in June is California's traditional Primary Day. But it's not the one that everybody will be paying attention to. Five months ago, the legislature hastily moved the Presidential part up to February 5th, joining a stampede of states hoping to claim a piece of the early-state action previously reserved for Iowa and New Hampshire. June 3rd will be an altogether sleepier, low-turnout affair. There may be a few scattered contests for legislative nominations, but the only statewide items on the ballot will be initiatives. More than two dozen have been filed so far, ranging from a proposal to start a state-run Internet poker site to pay for filling potholes to a redundant slew of anti-gay-marriage measures. Few will make it to the ballot. Many are not even intended to; they're a feint in some byzantine negotiation, or just a cheap attempt to get a little attention--for a two-hundred-dollar fee, anyone can file one. (Actually getting one on the ballot requires more than four hundred thousand signatures, and the outfits that collect them usually charge a dollar or two per signature.) Initiative No. 07-0032--the Presidential Election Reform Act--is different. It's serious. Its backers have access to serious money. And it could pass.

Nominally, the sponsor of No. 07-0032 is Californians for Equal Representation. But that's just a letterhead--there's no such organization. Its address is the office suite of Bell, McAndrews & Hiltachk, the law firm for the California Republican Party, and its covering letter is signed by Thomas W. Hiltachk, the firm's managing partner and Governor Arnold Schwarzenegger's personal lawyer for election matters. Hiltachk and his firm have been involved in many well-financed ballot initiatives before, including the recall that put Arnold in Sacramento. They specialize in initiatives that are the opposite of what they sound like--the Fair ...