This came over the wire from Assemblyman Don Wagner’s office on Thursday…
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Archive for July, 2012
Assemblyman Don Wagner: Budget Fact Check – Is High Speed Rail More of a Budget Priority Than Education?
Posted by Newsletter Reprint on July 7, 2012
Posted in 68th Assembly District | Tagged: Don Wagner, High Speed Rail | Leave a Comment »
Our Independence has been paid for with the blood of brave men & women
Posted by Thomas Gordon on July 6, 2012
Charlie Daniels wrote this piece and it is all over the internet. I’ve decided to reproduce it below.
This week we celebrate the 236th year of American independence, purchased and defended with the blood of patriots.
We won our Revolution against all odds fighting, what at that time was, the greatest standing army and most powerful navy in the world.
The Spirit of Freedom was strong in the hardy souls who came to the New World to escape tyranny and the class system of the European monarchies, to found a government of the people, by the people and for the people, a place where a common man’s vote meant just as much as the aristocrat’s. It had to be the will of Almighty God for there to be a United States of America, otherwise George Washington’s half starved, ill-equipped army would never have been victorious against the mighty redcoats.
From the hills of Tennessee, from the fishing villages of the Atlantic coastline, from Boston and New Orleans, from the swamps of South Carolina and the teeming streets of Baltimore they came, bringing their long rifles and their steel determination that this new nation would bow to no foreign power and that none but our own flag would fly above it.
America has always bred this kind of man, who sees his duty and does it. They did it at Guadalcanal, at Midway, in the skies over Tokyo, on the beaches of Normandy. In the Philippines and the sands of Iwo Jima.
They did it in the frozen mountains of Korea, the jungles of Vietnam and the deserts of Southwest Asia.
Some came home with empty sleeves and some with deep psychological wounds that changed the course of their lives. Some didn’t come home at all.
This Fourth of July as you enjoy your picnics and cookouts, as you take the family to the beach or slice the watermelon, I want to ask you a favor.
Will you take a few moments to remember and to remind the ones around you that the liberty which you celebrate on this very American holiday has been paid for by the blood of brave men and women who throughout the 236 years of our existence, have put their lives on the line, stood between you and the enemies that would like nothing better than destroying you, your family and the way of life you celebrate today?
And if you’re a praying person, would you offer up a prayer for those who remain in harms way, for the families who will forever have an empty place at the table, for those who patrol our skies, who guard our coasts and borders and those who stand ready to do battle on a moment’s notice?
In spite of the wrinkles and warts, in spite of the rough patches and uncertain times, we are still the greatest nation the world has ever known and in spite of our disagreements, under our different color skins, our diverse political philosophies and our ethnic backgrounds, we’re all Americans.
And I thank God for that fact.
Happy birthday, America and Americans!
Posted in Uncategorized | 5 Comments »
Malware to Knock 277,000 People Off Internet on Monday: Make Sure You’re Not One of Them
Posted by Chris Nguyen on July 6, 2012
So this isn’t one of our normal political posts, but it’s important for all our readers. Click here to test your computer (the test is instantaneous and takes literally one second). Make sure you’re not one of the 277,000 Internet users worldwide who will lose Internet access on Monday, due to a malware infection.
From CNN:
Hundreds of thousands of Internet users whose computers are infected with a particularly nasty virus will be unable to access the Web starting on Monday.
The Federal Bureau of Investigation will shut down Internet servers that it temporarily set up to support those affected by malicious software, called DNSChanger. Turning off those servers will knock all those still infected offline.
Over the past five years, a group of six Estonian cybercriminals infected about 4 million computers around the world with DNSChanger. The malware redirected infected users’ Web searches to spoofed sites with malicious advertisements.
From the LA Times:
The problem is a result of a large online advertising scam that took over more than 4 million computers around the world.
When the FBI went in to shut down the scheme, the agency realized that turning off the malicious servers would cause infected computers to lose access to the Internet. So the FBI set up two other servers, which have been connecting infected users to the Internet, but they will be shut down on July 9 at 12:01 a.m. EDT.
As a result, 277,000 computer users worldwide as well as about 50 Fortune 500 companies could be affected by the shutdown, according to a report by the Associated Press.
Run that test from the beginning of the article. Here’s the link again. If you’ve been infected, go here for a guide on how to fix your computer.
Posted in International | Tagged: DNSChanger, FBI, Malware | 4 Comments »
Congress: Declaration of Independence
Posted by Newsletter Reprint on July 4, 2012
You really should be spending time with your friends and family celebrating Independence Day instead of reading a political blog, but since you’re here, this came over the transom 236 years ago today…
IN CONGRESS, July 4, 1776.
The unanimous Declaration of the thirteen united States of America,
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.
We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.
The 56 signatures on the Declaration appear in the positions indicated:
Column 1
Georgia:
Button Gwinnett
Lyman Hall
George WaltonColumn 2
North Carolina:
William Hooper
Joseph Hewes
John Penn
South Carolina:
Edward Rutledge
Thomas Heyward, Jr.
Thomas Lynch, Jr.
Arthur MiddletonColumn 3
Massachusetts:
John Hancock
Maryland:
Samuel Chase
William Paca
Thomas Stone
Charles Carroll of Carrollton
Virginia:
George Wythe
Richard Henry Lee
Thomas Jefferson
Benjamin Harrison
Thomas Nelson, Jr.
Francis Lightfoot Lee
Carter BraxtonColumn 4
Pennsylvania:
Robert Morris
Benjamin Rush
Benjamin Franklin
John Morton
George Clymer
James Smith
George Taylor
James Wilson
George Ross
Delaware:
Caesar Rodney
George Read
Thomas McKeanColumn 5
New York:
William Floyd
Philip Livingston
Francis Lewis
Lewis Morris
New Jersey:
Richard Stockton
John Witherspoon
Francis Hopkinson
John Hart
Abraham ClarkColumn 6
New Hampshire:
Josiah Bartlett
William Whipple
Massachusetts:
Samuel Adams
John Adams
Robert Treat Paine
Elbridge Gerry
Rhode Island:
Stephen Hopkins
William Ellery
Connecticut:
Roger Sherman
Samuel Huntington
William Williams
Oliver Wolcott
New Hampshire:
Matthew Thornton
Posted in National | Tagged: Abraham Clark, Arthur Middleton, Benjamin Franklin, Benjamin Harrison, Benjamin Rush, Button Gwinnett, Caesar Rodney, Carter Braxton, Charles Carroll of Carrollton, Declaration of Independence, Edward Rutledge, Elbridge Gerry, Francis Hopkinson, Francis Lewis, Francis Lightfoot Lee, George Clymer, George III, George Read, George Ross, George Taylor, George Walton, George Wythe, James Smith, James Wilson, John Adams, John Hancock, John Hart, John Morton, John Penn, John Witherspoon, Jonathan Trumbull, Joseph Hewes, Josiah Bartlett, Lewis Morris, Lyman Hall, Matthew Thornton, Oliver Wolcott, Philip Livingston, Richard Henry Lee, Richard Stockton, Robert Morris, Robert Treat Paine, Roger Sherman, Samuel Adams, Samuel Chase, Samuel Huntington, Stephen Hopkins, Thomas Heyward Jr., Thomas Jefferson, Thomas Lynch Jr., Thomas McKean, Thomas Nelson Jr., Thomas Stone, William Ellery, William Floyd, William Hooper, William Paca, William Whipple, William Williams | 2 Comments »
Creating Wards In Anaheim Would Be A Mistake
Posted by Former Blogger Chris Emami on July 3, 2012
It has been brought to my attention that some misinformed people are pushing for a system that would separate Anaheim into different wards for the City Council races. I will disclose up front that I am a resident of Anaheim Hills and an appointed member of the Anaheim Housing Commission. The concept of putting wards in place is simply a waste of time and resources.
Only 3 other Cities use a Ward system in Orange County (Santa Ana, Newport Beach, and Seal Beach) and Santa Ana has a bizarre system where the entire City votes for the Councilmembers despite the fact that they have to live in the wards.
Anaheim currently has 4 members of the Council (including the Mayor) that live in Anaheim Hills and one minority on the Council. These members were all fairly elected to the Council by the entire City, whether you like them or not they and according to the 2010 Orange County Registrar of Voters Statement of Votes Kris Murray, Gail Eastman, and Tom Tait all won the area covered by the Anaheim Union High School District (http://www.ocvote.com/fileadmin/user_upload/sov/gen2010/sov-web.pdf).
Lets take a look back at the winning candidates for Anaheim City Council/Mayor going back to 2002:
2002- Curt Pringle, Bob Hernandez, & Richard Chavez (All 3 did not live in Anaheim Hills)
2004- Lorri Galloway & Harry Sidhu (Both do live in Anaheim Hills)
2006- Curt Pringle, Lucille Kring, & Bob Hernandez (Only 1 lived in Anaheim Hills)
2008- Lorri Galloway & Harry Sidhu (Both do live in Anaheim Hills)
2010- Tom Tait, Kris Murray, & Gail Eastman (2 live in Anaheim Hills)
(All data comes from http://www.ocvote.com/)
These numbers show that both candidates from Anaheim Hills and the flatlands win races for the City Council and Mayor. It is not some conspiracy that has been put together to keep candidates on the City Council that only live in Anaheim Hills as 2010-2012 is the only time frame i the past 10 years where we have seen 4 Councilmembers living in Anaheim Hills.
Voters should have a right to vote for the best candidates running for City Council regardless of where they live and what race that they are. In my opinion this not only should be the rule for Anaheim but any City including Santa Ana, Seal Beach, and Newport Beach.
Arguably the 2 front-runners for Anaheim City Council in November are Lucille Kring and Steve Chavez-Lodge (neither on lives in Anaheim Hills). Much like the stock market Councilmembers in terms of where they live are cyclical. Sometimes candidates from the flatlands win and other times candidates from the hills win.
I can’t believe that I am saying this but one of the better articles that I have seen on statistical reasoning against switching to a ward system comes from Gustavo Arellano at the OC Weekly who penned this http://blogs.ocweekly.com/navelgazing/2012/06/aclu_anaheim_lawsuit_latinos.php. He and I may not agree on much in terms of policy but he absolutely hit it out of the park with this story even though I don’t agree with some of the ways he expressed his position in the article.
Hopefully the system in Anaheim stays the same and we can continue to simply vote for candidates that will represent all of Anaheim not just their specific wards.
Posted in Anaheim | Tagged: ACLU, Anaheim, Bob Hernandez, Curt Pringle, Gail Eastman, Gustavo Arellano, Kris Murray, Lawsuit, Lorri Galloway, Richard Chavez, Tom Tait | 5 Comments »
What’s Next for Bustamante and What Happens to His Council Seat
Posted by Chris Nguyen on July 3, 2012
Carlos Bustamante’s Mugshot
Clearly, the biggest news in OC politics this week is the arrest of Councilman Carlos Bustamante (R-Santa Ana) on twelve felony counts, including six counts of false imprisonment, three counts of assault with the intent to commit a sexual offense, one count of stalking, one count of attempted sexual battery by restraint, and one count of grand theft by false pretense. Additionally, there were four misdemeanor counts and a sentencing enhancement added.
These charges are in connection with his time as Director of Administrative Services for OC Public Works.
Listed with the occupation of consultant on his booking record, Bustamante was released on $100,000 bail last night at 11:25 PM.
District Attorney Tony Rackauckas will be holding a press conference at 9:30 AM this morning to discuss the Bustamante case in greater detail.
Gustavo Arrellano at OC Weekly reports that Bustamante has a court appearance on Thursday.
Whatever is the end result of his felony prosecution will be between him, his lawyers, and the DA’s office, and possibly, a jury.
However, as Bustamante is a councilman, we will now take a look at the political implications of his arrest. He is almost assuredly not going to run for a third term in November. Even if he does run, he will lose, unless he gets a very extreme split of the anti-incumbent vote (remember, Judge Ronald Kline still received 35% of the vote after being publicly accused of child molestation and being indicted for possessing over 100 images of child pornography).
Assuming Bustamante does the rational thing and does not seek re-election, what happens to Bustamante’s seat in the meantime? Will it go vacant? According to Government Code Section 1770, there are 12 ways in which a city councilmember’s seat can become vacant:
An office becomes vacant on the happening of any of the following events before the expiration of the term:
(a) The death of the incumbent.
(b) An adjudication pursuant to a quo warranto proceeding declaring that the incumbent is physically or mentally incapacitated due to disease, illness, or accident and that there is reasonable cause to believe that the incumbent will not be able to perform the duties of his or her office for the remainder of his or her term. This subdivision shall not apply to offices created by the California Constitution nor to federal or state legislators.
(c) His or her resignation.
(d) His or her removal from office.
(e) His or her ceasing to be an inhabitant of the state, or if the office be local and one for which local residence is required by law, of the district, county, or city for which the officer was chosen or appointed, or within which the duties of his or her office are required to be discharged.
(f) His or her absence from the state without the permission required by law beyond the period allowed by law.
(g) His or her ceasing to discharge the duties of his or her office for the period of three consecutive months, except when prevented by sickness, or when absent from the state with the permission required by law.
(h) His or her conviction of a felony or of any offense involving a violation of his or her official duties. An officer shall be deemed to have been convicted under this subdivision when trial court judgment is entered. For purposes of this subdivision, “trial court judgment” means a judgment by the trial court either sentencing the officer or otherwise upholding and implementing the plea, verdict, or finding.
(i) His or her refusal or neglect to file his or her required oath or bond within the time prescribed.
(j) The decision of a competent tribunal declaring void his or her election or appointment.
(k) The making of an order vacating his or her office or declaring the office vacant when the officer fails to furnish an additional or supplemental bond.
(l) His or her commitment to a hospital or sanitarium by a court of competent jurisdiction as a drug addict, dipsomaniac, inebriate, or stimulant addict; but in that event the office shall not be deemed vacant until the order of commitment has become final.
He’s alive (a), he’s not incapacitated (b), he filed his oath years ago (i), his election was valid (j), his office does not require an additional bond (k), and he has not been committed to a hospital or sanitarium (l).
If (e) or (f) apply, then he will be a fugitive from the law, as I’m pretty sure he’s not allowed to leave the jurisdiction.
He cannot be recalled (d), as Elections Code Section 11007(c) prohibits recalls when there’s less than six months left in an elected official’s term.
That leaves us with (c), (g), and (h). However, (g) is overridden by the stricter Santa Ana City Charter Section 403:
If a member of the City Council absents himself from all regular meetings of the City Council for a period of sixty (60) days consecutively from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes, his office shall become vacant and shall be so declared by the City Council.
So that leaves us with California Government Code Section 1770(c) and Section 1770(h), along with Santa Ana City Charter Section 403:
- Now, (c) is the most straightforward: Bustamante can resign, or he can hang on to office as the legal proceedings on his charges move forward.
- Subdivision (h) depends on the outcome of his criminal proceedings: if he pleads guilty to at least one of the felonies or if he’s convicted, then (h) will occur.
- With City Section 403, he’s already missed the July 2 Council meeting because he was arrested on his way to that meeting. If he misses the July 16, August 6, and August 20 meetings, then he will have absented himself from council meetings for sixty days. The council could then declare his seat vacant at the September 3 meeting, though there’d only be two months until the election to fill his seat for the normal four-year term. If he shows up to just one of those three meetings, then Section 403 will be rendered inoperative.
The other part of Section 403 of the Santa Ana City Charter reads:
In the event of a vacancy in the City Council, for whatever cause, the City Council shall declare the office vacant and fill the same by appointment. In each case the person so appointed shall hold office until the next general municipal election and until his successor is elected and qualified for the remainder of an unexpired term. Such appointee must, at the time of his appointment and continuously for one (1) year prior thereto, have been and be a resident of the ward from which his predecessor was elected. If the City Council shall fail to fill a vacancy by appointment within thirty (30) days after such an office shall have become vacant, it shall forthwith cause an election to be held to fill such vacancy.
In essence, if the Council fails to make an appointment within 30 days of the vacancy, then they will trigger an election. I would note Bustamante’s term expires five months from today. Filing for most offices closes on August 10, but for races where an eligible incumbent chooses not to file (e.g. Bustamante), the deadline is extended to August 15.
If Bustamante resigns before August 15, it’s still possible for the Santa Ana City Council to appoint someone to Bustamante’s seat in time for candidate filing. If he resigns after that, they could appoint a caretaker or one of the candidates but that person would not have the incumbent designation on the ballot.
Posted in Orange County, Orange County District Attorney's Office, Santa Ana | Tagged: Carlos Bustamante, Gustavo Arrellano, Ronald Kline, Tony Rackauckas | 6 Comments »
Santa Ana Councilman Bustamante Arrested for 12 Felonies, Including Assault, Attempted Sexual Battery, False Imprisonment
Posted by Chris Nguyen on July 2, 2012
Carlos Bustamante
The Office of District Attorney Tony Rackauckas has issued a media advisory indicating that Santa Ana City Councilman Carlos Bustamante (the former Director of Administrative Services for OC Public Works) has been arrested for twelve felonies: grand theft by false pretense, stalking, attempted sexual battery by restraint, three counts of assault with the intent to commit a sexual offense, and six counts of false imprisonment. The arrest also included four misdemeanors and a sentencing enhancement, according to the media advisory:
Orange County District Attorney
Media Advisory
WHO: Orange County District Attorney (OCDA) Tony Rackauckas
WHAT: Will hold a press conference to discuss the criminal charges against Santa Ana City Councilman and former administration manager for Orange County Public Works Carlos Bustamante.
Bustamante was arrested today, Monday, July 2, 2012, at 4:30 p.m. by OCDA Investigators on six felony counts of false imprisonment, three felony counts of assault with the intent to commit a sexual offense, one felony count each of stalking, attempted sexual battery by restraint, and grand theft by false pretense, and one misdemeanor count each of battery, assault, sexual battery, and attempted sexual battery with a sentencing enhancement allegation for committing the offenses as a result of sexual compulsion and for the purpose of sexual gratification.
WHEN: Tomorrow, Tuesday, July 3, 2012, at 9:30 a.m.
Media will be permitted to set up beginning at 8:00 a.m.
WHERE: Law Library of the OCDA’s Office, 401 Civic Center Drive W., Santa Ana
Here’s the coverage from the local news media:
- OC Register: Ex-county official arrested on sex charges
- LA Times: Santa Ana councilman arrested on sex charges
- CBS 2 / KCAL 9: Santa Ana City Councilman Arrested On Sexual Battery Charges
- NBC 4: Santa Ana Councilman Carlos Bustamante Arrested on Several Felony Counts
- KTLA Channel 5: OC Councilman, Carlos Bustamante, Accused of Sexual Misconduct
- ABC 7: Santa Ana City Councilman Carlos Bustamante arrested, charged with sexual battery, assault
- KFI-AM 640: OC Councilman Arrest
- KPCC-FM 89.3: Santa Ana councilman Bustamante arrested on over a dozen charges, including 6 felonies
- Voice of OC: Santa Ana City Councilman Arrested on Sex Charges
- OC Weekly: Carlos Bustamante, Santa Ana Councilmember, Arrested on Charges of Sex Crimes/Stalking/False Imprisonment
Here’s The Liberal OC‘s post on the Bustamante arrest.
The Associated Press has the story too, as shown here in the San Jose Mercury-News.
Elected in 2004, Bustamante is the Santa Ana Council’s sole Republican. He is eligible to run for a third term, but this arrest makes that campaign extremely unlikely.
Posted in Orange County, Orange County District Attorney's Office, Santa Ana | Tagged: Carlos Bustamante, Tony Rackauckas | 7 Comments »
Molly Munger Files Suit Over Ballot Measure Placement; Judge Halts Numbering Until 7/9
Posted by Chris Nguyen on July 2, 2012
On June 27, the State Senate passed AB 1499 on a near-party-line 24-15 vote (Democrat Joe Simitian of Palo Alto joined the Republicans in voting against the bill, with Republican Sharon Runner of the Antelope Valley not voting), the State Assembly passed the bill on a party-line 50-24 vote (with three Republicans, two Democrats, and one Republican-turned-independent Nathan Fletcher not voting), and the Governor signed the bill into law.
So what exactly does AB 1499 do? It changes the order that ballot measures appear on the ballot. Because this bill was a budget trailer bill, it has already become law, rather than waiting until January 1, like the average bill.
Under the law as it existed on June 26, this was the order of how measures appeared on the ballot:
- Bond measures proposed by the Legislature
- Constitutional amendments proposed by the Legislature
- Other measures proposed by the Legislature
- Initiative measures
- Referenda
However, AB 1499, which is now the law of the land, changed the order thusly:
- Bond measures (regardless of whether they were put there by the Legislature or initiative)
- Constitutional amendments (regardless of whether they were put there by the Legislature or initiative)
- Measures proposed by the Legislature that aren’t bonds or constitutional amendments
- Initiative measures that aren’t bonds or constitutional amendments
- Referenda
Molly Munger (a Democrat and the sister of Republican Charles Munger, Jr.) has filed suit to stop AB 1499 from affecting the November 2012 election.
Why is she doing this?
Well, take a look at my previous post (which went online just hours before AB 1499 made its way through the Legislature) that noted the likely order of the ballot measures. Then, take a look at what the order will be if AB 1499 is allowed to move forward unfettered:
Proposition 30 – Safe, Clean, and Reliable Drinking Water Supply Act of 2012 (This was the water bond deal of 2009 authored by then-Senate Republican Leader Dave Cogdill that the Legislature put on the 2010 ballot before moving it to the 2012 ballot.)
Proposition 31 – Temporary Taxes to Fund Education. Guaranteed Local Public Safety Funding. Initiative Constitutional Amendment. (This is Governor Jerry Brown’s tax measure.)
Proposition 32 – State Budget. State and Local Government. Initiative Constitutional Amendment and Statute. (This is the two-year budget measure.)
Proposition 33 – Prohibits Political Contributions by Payroll Deduction. Prohibitions on Contributions to Candidates. Initiative Statute. (This is best known as Stop Special Interest Money Now.)
Proposition 34 – Changes Law to Allow Auto Insurance Companies to Set Prices Based on a Driver’s History of Insurance Coverage. Initiative Statute.
Proposition 35 – Death Penalty Repeal. Initiative Statute.
Proposition 36 – Human Trafficking. Penalties. Sex Offender Registration. Initiative Statute.
Proposition 37 – Three Strikes Law. Sentencing for Repeat Felony Offenders. Initiative Statute.
Proposition 38 – Genetically Engineered Foods. Mandatory Labeling. Initiative Statute.
Proposition 39 – Tax for Education and Early Childhood Programs. Initiative Statute. (This is Molly Munger’s tax measure.)
Proposition 40 – Tax Treatment for Multistate Businesses. Clean Energy and Energy Efficiency Funding. Initiative Statute.
Proposition 41 – Redistricting. State Senate Districts. Referendum.
(Any initiatives or referenda that qualify now are too late for the November 2012 ballot and will have to wait for another election. However, the Legislature can still add measures to the ballot or remove the Safe, Clean, and Reliable Drinking Water Supply Act of 2012 from the ballot, which would alter the numbering of the propositions.)
See what happened in the ballot measure sequence because of AB 1499: Molly Munger’s tax measure is buried near the bottom of the ballot while Governor Jerry Brown’s tax measure will be either first or second on the ballot (depending on if the Legislature removes the water bond from the ballot). Without AB 1499, the two measures would be neighbors on the ballot.
Munger obtained a temporary restraining order from Sacramento County Superior Court Judge Timothy Frawley preventing Secretary of State Debra Bowen from officially numbering the ballot measures. But for Frawley’s order, she would have done so today. However, Frawley blocked her from officially numbering the ballot measures until after Frawley holds a hearing on Munger’s suit on July 9.
Not only does Munger challenge the applicability of AB 1499 to the November 2012 ballot, but she also challenges the order of qualification, asserting that the Registrars of Los Angeles and Alamenda Counties improperly validated petitions for Brown’s ballot measure before they validated petitions for her ballot measure, as they are required by law to validate petitions in the order received (yes, Munger’s signatures were turned in before Brown’s).
Should Munger achieve a total victory on July 9 (a week from today), then this will be the ballot order for November:
Proposition 30 – Safe, Clean, and Reliable Drinking Water Supply Act of 2012 (This was the water bond deal of 2009 authored by then-Senate Republican Leader Dave Cogdill that the Legislature put on the 2010 ballot before moving it to the 2012 ballot.)
Proposition 31 – Prohibits Political Contributions by Payroll Deduction. Prohibitions on Contributions to Candidates. Initiative Statute. (This is best known as Stop Special Interest Money Now.)
Proposition 32 – Changes Law to Allow Auto Insurance Companies to Set Prices Based on a Driver’s History of Insurance Coverage. Initiative Statute.
Proposition 33 – Death Penalty Repeal. Initiative Statute.
Proposition 34 – Human Trafficking. Penalties. Sex Offender Registration. Initiative Statute.
Proposition 35 – Three Strikes Law. Sentencing for Repeat Felony Offenders. Initiative Statute.
Proposition 36 – Genetically Engineered Foods. Mandatory Labeling. Initiative Statute.
Proposition 37 – Tax for Education and Early Childhood Programs. Initiative Statute. (This is Molly Munger’s tax measure.)
Proposition 38 – Temporary Taxes to Fund Education. Guaranteed Local Public Safety Funding. Initiative Constitutional Amendment. (This is Governor Jerry Brown’s tax measure.)
Proposition 39 – Tax Treatment for Multistate Businesses. Clean Energy and Energy Efficiency Funding. Initiative Statute.
Proposition 40 – State Budget. State and Local Government. Initiative Constitutional Amendment and Statute. (This is the two-year budget measure.)
Proposition 41 – Redistricting. State Senate Districts. Referendum.
Why does ballot order matter?
Sadly, location on the ballot actually affects odds of passage. The earlier on the ballot a measure appears, the higher its chances of passing. I don’t have the figures for ballot measures, but there are studies that have shown being the first person on the ballot in a long list of candidates can boost a person’s vote by as much as 5%. (This is why candidates appear on the ballot in a random ballot lottery rather than alphabetically.)
To people who vote “yes” on ballot measures because they appear earlier and “no” because they appear later, please for the love of democracy, leave your vote on ballot measures blank! Your ballot still counts even if you don’t fill out every slot. If you just want to vote for Obama or Romney, your vote will still count even if you leave the rest of your ballot blank. Let informed voters who have studied the issues cast their votes for the propositions on the ballot. While I’m here, if you don’t know anything about candidates in down-ticket races, do not automatically vote for the candidate who appears first or has the longest name. Let informed voters who have studied the candidates cast their votes for offices on the ballot.
Alas, there is no point to the admonition above since people who read political blogs (like you, dear reader) are not the people causing this problem, as you’re the ones actually seeking information on the issues.
(In the interest of full disclosure, Custom Campaigns has done some consulting work for Stop Special Interest Money Now, tentatively Proposition 33 under AB 1499, or Proposition 31 if AB 1499 is prevented from taking effect for the November 2012 ballot. For the record, we do not accept payments for blogging and require disclosures when a blogger has a potential conflict of interest in a blog post, unless it’s something really obvious, like a blogger blogging about their own candidacy for office.)
Posted in California | Tagged: Charles Munger Jr., Dave Cogdill, Debra Bowen, Jerry Brown, Joe Simitian, Molly Munger, Nathan Fletcher, Sharon Runner, Timothy Frawley | 3 Comments »
Bill Campbell’s Third District Report
Posted by Newsletter Reprint on July 1, 2012
This came over the wire from Supervisor Bill Campbell’s office on Friday…
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Posted in 3rd Supervisorial District | Tagged: Anh-Tuan Le, Anil Puri, Bill Campbell, Chris Norby, Christine Kehoe, Jack Wu, Katherine Koster, Michael O'Connell, Phillip La Puma | 1 Comment »
Shawn Nelson’s Fourth District Update
Posted by Newsletter Reprint on July 1, 2012
This came over the wire from Supervisor Shawn Nelson’s office on Friday…
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Posted in 4th Supervisorial District | Tagged: Shawn Nelson | Leave a Comment »
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