SEVERE WX : Red Flag Warning View Alerts
STREAMING NOW: Watch Now

Opponents Sue to Strike 3 Californias Measure From Ballot

Opponents of an initiative to split California into three states are asking the state Supreme Court to pull the measure from the ballot.

Posted: Jul 11, 2018 7:38 AM
Updated: Jul 11, 2018 10:43 AM

By SOPHIA BOLLAG , Associated Press

SACRAMENTO, Calif. (AP) — Opponents of an initiative to split California into three states asked the state Supreme Court to pull the measure from the ballot, arguing it's too drastic a change to state government to go through the normal initiative process.

A lawsuit filed Monday by the Planning and Conservation League argues major changes to the state's government structure require approval from two-thirds of the Legislature before going under consideration by voters or a state constitutional convention.

The initiative would break the state into Northern California, California and Southern California.

Northern California would comprise the Bay Area, Silicon Valley, Sacramento and counties north of the current state capital. California would be a strip of land along the coast stretching from Los Angeles to Monterey. Southern California would include Fresno and the surrounding farming communities, reaching all the way to San Diego and the Mexican border.

Venture capitalist Tim Draper is financing the "Cal 3" initiative in his latest attempt to divide the state. He has spent more than $1.7 million supporting it. The nation's most populous state has become too difficult to govern because of its size, wealth disparities and geographic diversity, Draper and the initiative's supporters argue.

Draper did not comment on the lawsuit because he had not seen it. A spokeswoman for the initiative also did not comment.

The California Supreme Court has tossed initiatives in the past after ruling they went too far in changing government structure.

For example, in 1990 the court got rid of part of a measure to reform the state's criminal justice system after voters passed it because the court found it revised the state Constitution beyond what could be done through an initiative.

In another case in 2000, the court struck a measure on lawmaker compensation and redistricting from the ballot before it went to voters because the justices found it violated the state's single subject rule, which requires that initiatives deal with just one issue.

Draper's measure is an abuse of the ballot initiative system, said Carlyle Hall, a lawyer working on the lawsuit.

"The dislocation and the disruption that would be caused by something as great as this just can't be understated," he said. "This will not make things better."

Michael Salerno, a law professor at UC Hastings, described the change that the initiative is trying to make as profound.

"It would not surprise me if the court took this off the ballot," he said.

Loyola law professor Jessica Levinson said it makes sense for opponents to argue that the initiative substantially revises the state's governing structure, but she added that judges are often reluctant to pull measures from the ballot.

The initiative could harm the environment if California's strong environmental protections are scrapped and replaced with something weaker, which could happen if the state were split, Hall said.

Draper's last attempt to divide the state in six didn't gather enough signatures to make the ballot in 2016.

Although California as it exists today is heavily Democratic, the newly proposed Southern California might not be. Democrats have only a slim registration advantage over Republicans in that region.

Oregon Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 32581

Reported Deaths: 542
CountyConfirmedDeaths
Multnomah7113137
Marion465894
Washington449760
Umatilla296241
Clackamas239861
Malheur161723
Lane118517
Jackson11395
Deschutes82512
Yamhill75713
Jefferson5298
Polk52915
Linn51913
Morrow4986
Lincoln48113
Union4462
Benton3106
Wasco2893
Klamath2802
Hood River2510
Douglas2274
Clatsop2040
Josephine1982
Columbia1651
Coos1560
Baker942
Crook621
Tillamook520
Lake320
Curry310
Wallowa301
Sherman180
Harney120
Grant90
Gilliam80
Unassigned00
Wheeler00

California Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 807451

Reported Deaths: 15583
CountyConfirmedDeaths
Los Angeles2669886504
Riverside581781189
San Bernardino54386925
Orange530691214
San Diego46331775
Kern31865367
Fresno28199382
Sacramento22183406
Alameda21136406
Santa Clara21030311
San Joaquin20194441
Contra Costa16469205
Stanislaus16452351
Tulare15970263
Ventura12664150
Imperial11835317
San Francisco11076101
San Mateo9843150
Monterey980771
Santa Barbara9037113
Merced8872142
Kings763177
Sonoma7369122
Marin6694117
Solano630963
Madera448165
Placer356745
San Luis Obispo354429
Butte281944
Yolo279555
Santa Cruz23309
Sutter170511
Napa166913
San Benito134011
Yuba11537
El Dorado11094
Mendocino90818
Shasta80617
Lassen7400
Glenn5783
Tehama5465
Lake53911
Nevada5337
Colusa5296
Humboldt5017
Calaveras31714
Amador29616
Tuolumne2274
Inyo18715
Mono1652
Siskiyou1650
Del Norte1391
Mariposa752
Plumas500
Modoc270
Trinity160
Sierra60
Alpine20
Unassigned00
Medford
Clear
71° wxIcon
Hi: 81° Lo: 50°
Feels Like: 71°
Brookings
Clear
85° wxIcon
Hi: 83° Lo: 67°
Feels Like: 85°
Crater Lake
Clear
68° wxIcon
Hi: 73° Lo: 41°
Feels Like: 68°
Grants Pass
Clear
63° wxIcon
Hi: 81° Lo: 49°
Feels Like: 63°
Klamath Falls
Clear
68° wxIcon
Hi: 75° Lo: 38°
Feels Like: 68°
Warmer and windy Sunday
KDRV Radar
KDRV Fire Danger
KDRV Weather Cam

Community Events