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Two good ideas from Republicans dead on arrival in Democratic Legislature

Republican candidate Don Wagner talks into a microphone.
Republican candidate for secretary of state Don Wagner speaks at a town hall at the Calvary Chapel in March in Big Bear. Wagner supports making the secretary of state, who oversees California elections, a nonpartisan office.
(Gina Ferazzi / Los Angeles Times)

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Memo to Democrats and independents: Just because an idea emanates from a Republican, doesn’t mean it necessarily stinks. Here are two examples.

Legislators wearing red jerseys have proposed to:

  • Make the California secretary of state officially nonpartisan. Rip off the seemingly inevitable blue jersey and replace it with a neutral referee’s garb.
  • Similarly, seize the job of writing official ballot proposition titles and summaries from the partisan attorney general and hand it to the nonpartisan, universally trusted Legislative Analyst‘s Office.

Both ideas, of course, were dead on arrival when introduced in the Democratic-dominated state Legislature, which is about to wrap up a two-year session.

But both make good government sense and promote democracy, which the Democratic Party claims it’s fighting for against the President Trump-led GOP.

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The secretary of state is the chief overseer of California elections. That office holder, regardless of party, has never favored one side over the other in balloting, although many GOP politicians have been parroting Pied Piper Trump’s nonsense about election rigging.

California Republicans pushing to neutralize the office argue that Democratic incumbent Shirley Weber has taken public policy positions that echo her party’s stands. Shock! This is America. She has a right — a democratic duty — to take any position vocally that she desires.

But it’s logical for the secretary of state to officially operate as a political nonpartisan — as does the state superintendent of public instruction and all county voter registrars, who actually administer the elections and count votes.

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“It’s time to take the secretary of state out of the partisan mix,” says former Orange County Assemblyman Don Wagner, who is Weber’s underdog Republican opponent in the November election.

“The secretary should be calling balls and strikes as opposed to being on the red team or a blue team.”

Realistically, no red team member is likely to win any statewide office in California for the foreseeable future, given that Democratic voters outnumber Republicans by nearly 2 to 1 and Trump is widely detested in this state.

“Sometimes Trump does make it harder in California for Republicans,” Wagner acknowledges.

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The legislation to make the secretary of state nonpartisan was a proposed California constitutional amendment, introduced by Republican Assemblymembers Natasha Johnson of Lake Elsinore and Josh Hoover of Folsom.

But it was submitted so late in the legislative session that there was no chance of it ever receiving a committee hearing. It didn’t really matter anyway. Even if it had been introduced on Jan. 1, Democrats would have instinctively tossed it in the trash.

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They’re never going to make it remotely possible for a Republican to win this office any time soon.

The measure’s authors say their proposal would help “restore Californians’ trust in the electoral system.”

Actually, the only Californians who largely distrust the electoral system are Republicans. And the best way to fix that is for Trump to shut up and stop telling lies about stolen elections and hordes of undocumented immigrants voting illegally.

A recent poll by the UC Berkeley Institute of Governmental Studies found that 88% of Democrats and 64% of independents have confidence in California’s election system. But 76% of Republicans do not — a sign of our polarized times.

Of the two Republican proposals, the most significant is the one stripping the attorney general of the power to write titles and summaries of ballot measures.

Often, the only thing many voters know about a proposition is what they’re told in the title. They aren’t inclined to wade through neutral details in the official state Voter Information Guide.

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The legislative analyst is a political noncombatant appointed by the Legislature and basically agreed to by both sides. The highly respected policy wonk already writes the proposition analyses included in the voter guide. Why not also the measures’ titles?

Increasingly in recent years under Democrats, including projected next governor Xavier Becerra, the attorney general has been dishing out party propaganda in official proposition titles.

State law requires the attorney general to provide an “impartial statement of the purpose of the measure” in language unlikely “to create prejudice for or against” the proposal.

But often on hotly contested measures, the language reads like talking points for the blue side.

The latest example is Proposition 39, a Republican proposal requiring Californians to show identification when voting. Election officials also would have to verify that registered voters are U.S. citizens.

I’m no fan of that measure. It overreaches, is unnecessary, could suppress voting and is merely a tool to drive up the GOP vote. Democratic legislative leaders and the party are fiercely opposed.

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But Proposition 39’s title is unfairly negative and loaded against the measure. It reads: “Prohibits citizens from voting unless they present government-issued identification.” All some voters will focus on are the first four words.

Proponents sued, but judges are historically reluctant to interfere in election campaigns. A Sacramento judge OKd Democratic Atty. Gen. Rob Bonta’s biased wording.

The legislation for nonpartisan labeling of propositions cleared the Senate Elections Committee but later was quietly killed behind closed doors in the Senate Appropriations Committee, a notorious graveyard for measures sentenced to execution by legislative leaders.

“The Democratic leadership doesn’t want it passed,” notes the author, Sen. Roger Niello of Sacramento County, who recently was elected the next Senate minority leader. “If they kill it [in appropriations] nobody has to vote on it and it dies without fingerprints.”

That’s common legislative games-playing: Keep potentially popular but politically undesirable bills off chamber floors so majority party members can avoid shamefully voting “no.”

But these are still excellent Republican ideas.

There are times when politics should be taken out of elections.

What else you should be reading

The must-read: California backtracks on good-government policies in divided Trump era
Law & Order & Politics: Eric Swalwell briefly detained as feds seize his phone at San Francisco airport, source says
The L.A. Times Special: It’s beyond debate. California voters deserve a Becerra-Hilton face-off

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Until next week,
George Skelton


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Ideas expressed in the piece

  • The column argues that two Republican-backed structural changes — making the California secretary of state officially nonpartisan and transferring ballot title and summary duties from the elected attorney general to the Legislative Analyst’s Office — are sound good‑government reforms that were blocked in a Democratic‑dominated Legislature for partisan reasons.
  • It notes that the secretary of state, while currently elected on a party line, functions as California’s chief elections administrator and has historically overseen voting fairly, so formally designating the office as nonpartisan would align it with other neutral positions such as the state superintendent of public instruction and county registrars of voters.
  • The article contends that Democrats quietly ensured the constitutional amendment to make the secretary of state nonpartisan — introduced late in the session by Republican Assemblymembers Natasha Johnson and Josh Hoover — would never receive a hearing, even though outside reporting shows the proposal, ACA 23, was formally introduced and framed by its authors as a way to improve public trust in elections.[1][6][7]
  • At the same time, the piece suggests Republicans’ distrust of California’s election system stems less from actual misconduct by election officials and more from former President Trump’s unfounded claims of fraud, pointing to polling that shows strong confidence among Democrats and independents but deep skepticism among Republicans.
  • Turning to ballot measures, the column argues that the most consequential reform would be shifting responsibility for drafting official ballot titles and summaries from the partisan attorney general to the Legislative Analyst’s Office, a nonpartisan staff unit that already prepares fiscal analyses and neutral descriptions in the voter guide.[8][12][15]
  • It asserts that recent attorneys general, including Rob Bonta and potential future governor Xavier Becerra, have increasingly used ballot titles on hotly contested measures to advance Democratic talking points, despite state law instructing the attorney general to provide “true and impartial” language not likely to create prejudice for or against a proposal.[8][11]
  • To illustrate the concern, the article highlights Proposition 39, a Republican‑backed voter ID and citizenship‑verification initiative, and criticizes the official ballot title — “Prohibits citizens from voting unless they present government‑issued identification” — as unfairly negative and loaded, noting that Bonta’s office changed earlier, more neutral language after the measure qualified for the ballot and that proponents sued over the description.[2][3][4][5]
  • Even while stating opposition to the substance of Proposition 39, the column maintains that slanted ballot language from a partisan attorney general can mislead voters who rely heavily on titles and labels, reinforcing the case for transferring that power to the Legislative Analyst so voters see clearer, more neutral descriptions.[8][12][15]
  • Finally, the piece criticizes Democratic leaders for allowing the ballot‑language reform legislation to die in the Senate Appropriations Committee without a floor vote — a tactic also described in outside accounts of Senator Roger Niello’s efforts — and concludes that there are times when politics should be removed from election administration to strengthen democratic legitimacy.[9][10][13]

Different views on the topic

  • In contrast to the column’s portrayal of the attorney general’s role, recent court rulings have upheld Rob Bonta’s description of Proposition 39, with a Sacramento County judge finding that the ballot label and title — including the phrase “prohibits citizens from voting unless they present government‑issued identification” — accurately describe the measure’s effect and represent a reasonable, lawful exercise of the attorney general’s discretion.[3][4]
  • Building on that judicial reasoning, the tentative ruling in the Prop. 39 case explicitly concludes that the challenged language complies with Elections Code requirements for impartial ballot materials, signaling that at least some legal authorities do not see the attorney general’s wording as partisan propaganda but as a permissible effort to convey the practical consequences of the initiative.[4][8]
  • At the same time, Bonta and defenders of the current system stress that differences between the language used when an initiative is circulated and the wording that appears on the ballot are routine and permitted under California law, arguing that such changes are made to enhance clarity and consistency for voters rather than to “rig” outcomes — an argument echoed in public statements noting that all voter‑proposed initiatives on the ballot underwent similar revisions.[5][8]
  • Supporters of keeping ballot‑drafting authority within the Department of Justice also point to statutory safeguards: state law requires the attorney general to provide a “true and impartial” title and summary that is neither an argument for nor against a measure, and prohibits language likely to create prejudice, suggesting to these critics that legal standards already restrain partisan manipulation without needing to shift duties to the Legislative Analyst.[8][11]
  • In response to broader concerns about initiative wording, alternative reform proposals such as the Ballot Measure Transparency Act have sought to adjust formats and legal standards — for example by redefining what ballot titles must include and clarifying what counts as “accurate, impartial, and understandable” language — while still leaving a central role for the attorney general, reflecting a view that incremental changes can address bias without fully removing the office from the process.[14][15]
  • On the question of voter ID, backers of Proposition 39 and related “election integrity” amendments present a markedly different perspective from the column’s skepticism, insisting that stricter identification and citizenship verification rules are necessary to prevent illegal voting and restore confidence in elections; proponents describe the measure as establishing additional requirements to safeguard the ballot rather than as a tool for voter suppression.[2][7]
  • Additionally, Republican legislators promoting ACA 23 and other election‑related amendments often frame their efforts not primarily as partisan maneuvers but as attempts to respond to constituents’ concerns about election integrity, arguing at public events that placing positions like the secretary of state on a nonpartisan footing would align statewide offices with existing nonpartisan local and judicial posts and give voters more confidence in the process.[1][7]
  • Finally, the legislative history of ballot‑language reform complicates the column’s suggestion of purely partisan obstruction: Niello’s constitutional amendment and related bills have attracted bipartisan support in committee, including backing from at least one Democratic senator, indicating that some lawmakers across party lines view the attorney general’s current role as acceptable or reformable and do not fully share the column’s sense that partisan bias dominates ballot titles.[9][10][13]

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