OAKLAND, Calif. â€” The myth of lockstep liberal California took a hit this election.
Voters in the deep-blue state rejected a progressive push to reinstate affirmative action, sided with technology companies over organized labor and rejected rent control. They are poised to reject a business tax that had been a decadeslong priority for labor unions and Democratic leaders.
President Donald Trump regularly portrays California as a land of complete liberal excess, and Democrat Joe Biden currently has 65 percent of California’s vote. Yet decisions on ballot measures this week reflect a state that remains unpredictable, flashing a libertarian streak with a tinge of fiscal moderation within its Democratic moorings.https://e3b374dfacf220d92b4c6008a9eb8004.safeframe.googlesyndication.com/safeframe/1-0-37/html/container.html
â€śWeâ€™re not going to go for everything thatâ€™s progressive,” said Mindy Romero, head of the University of Southern California’s Center for Inclusive Democracy. â€śWe think of ourselves as such a progressive state, and Iâ€™ve always said weâ€™re a blue state but really weâ€™re many shades of blue.”
California has long been an incubator for policies that go national, so industries and labor unions know that winning a ballot fight here has much wider implications. Already, Uber CEO Dara Khosrowshahi said Thursday that he wants to build on his California success by pursuing the same law in other states and nations. And just as the state’s 1996 affirmative action ban touched off a similar set of laws across the nation, the California vote this week could deter other states from trying to reinstate racial or gender preferences.
The ballot outcomes underscore that California voters are not a liberal monolith even as Democrats enjoy unprecedented control in the state that produced Republican presidents Ronald Reagan and Richard Nixon.
Liberals thought 2020 was their moment to secure long-desired changes: California’s electorate has steadily more diverse and Democratic in recent decades, relegating its once-mighty Republican Party to the political margins. A deeply galvanizing presidential election tantalized liberal groups as a potential high-water mark for turnout and a chance to enshrine ambitious ideas.
Decades after a more Republican California electorate curtailed property tax increases in 1978 and banned affirmative action in 1996, campaigns believed that demographic shifts would produce different outcomes a generation later.
But they seemingly miscalculated. There was no bigger example than voters’ decisive rejection of Proposition 16. The ballot measure would have reinstated affirmative action and directly repudiated what liberals consider a racist chapter of California’s recent past.
State lawmakers, inspired by a summer of racial justice activism, saw a rare window to repeal Proposition 209, the 1996 law backed by then-Gov. Pete Wilson, a Republican widely blamed for turning Latino voters against the GOP for good in the state. The affirmative action ban passed when California still had a white majority population, and it was the second major wedge issue initiative that Wilson championed.
Many of the Democratic lawmakers of color who placed the repeal measure on this year’s ballot were inspired to enter politics during that divisive era. They saw Proposition 16 as not only a legal change but a moral imperative â€” and figured voters would as well.
The ballot measure had a clear cash advantage with $31 million from wealthy activist donors and foundations, compared to only $1.6 million raised by opponents. Yet it failed badly, securing only 44 percent support as of Thursday.
California is not uniformly liberal. It is still home to millions of Republicans, while the ever-larger Democratic tent includes plenty of moderates. And the state’s booming minority population still lags in voter participation.
“We have a history of being a more red state,” Romero said. “A big reason why California is blue is because of the growth of communities of color, most dominantly because of the growth of the Latino community,” but “it does matter the shape of the electorate. We still have a voting electorate that is white, wealthier, better educated than the rest of our population.”
Democrats saw a chance to go after another long-sought target: commercial property tax hikes.
Since its passage in 1978, Proposition 13 has been blamed for starving governments and schools of tax dollars by keeping property taxes low relative to the soaring value of housing and commercial real estate in California. Liberals acknowledge the political reality that they can’t convince homeowners to repeal Prop 13 provisions on residential property, often called the third rail of California politics. But they have long wanted to untether business property from the same protections.
Unions, education groups and the foundation started by Facebook CEO Mark Zuckerberg were so convinced that November 2020 was their best opportunity that they gathered enough signatures for the ballot twice, the second one taking revisions they believed were an easier sell. It landed on the ballot as Proposition 15.
They presumed that high turnout from liberals and anti-Trump voters would translate into an anti-business vote; their ads regularly featured white businessmen in board rooms as a foil. Yet the initiative is poised to lose, trailing with only 48.3 percent of the vote.
Former Assemblymember Catharine Baker, a moderate Republican who was the last GOP lawmaker from the Bay Area, suggested Prop 15’s failure could “be an example of how a gigamajority Legislature might have not its finger on the pulse of the California electorate.”
The pandemic loomed inescapably over the election and reshaped campaignsâ€™ appeals to voters. On Proposition 15, for example, backers argued they needed the money more than ever during a debilitating recession, while opponents countered that it would be foolish to further burden reeling businesses. The message of economic caution appeared to resonate, Baker said.
â€śThereâ€™s just no embrace right now for Californians, many of whom are suffering economically, for more taxes, the possible cost of that, and any closure of economic activity,â€ť Baker said. â€śItâ€™s made all the worse by the pandemic, in a time like this you want people to be able to make a living and be able to afford living here.â€ť
Yet, the California electorate defies easy conclusions. The criminal justice landscape was a mixed bag after a year of surging activism. Voters handily rejected law enforcementâ€™s effort to increase property crime sentences and limit early prison releases. They overwhelmingly voted to enfranchise felony parolees. Progressive Los Angeles district attorney candidate George GascĂłn built an early lead over incumbent District Attorney Jackie Lacey in a bellwether contest for criminal justice reform.
But Californians voted to keep cash bail, repudiating a 2019 law that sought to prohibit it and undercutting a state-by-state movement to eliminate the practice. In rejecting Proposition 25, the electorate sided with bail companies that spent millions to stay in business. They also vindicated civil libertarians and criminal justice advocates who warned a replacement system of predictive algorithms would perpetuate discrimination.
Those dynamics led the bail bonds industry to adopt the rhetoric of criminal justice reformers in warning about systemic bias â€” a tactic that reflected a calculation that progressive messages would resonate with voters.
â€śI think they knew they had to in order to win,â€ť said Democratic strategist Katie Merrill. â€śYou canâ€™t win statewide in California on issues unless you are appealing to Democrats and progressives, and they knew they had to do it.â€ť
Those licking their wounds this week pointed to one thing: money.
They said massive campaign spending can be a better predictor than partisan affiliation when it comes to ballot initiatives. Health care unions failed again to rein in kidney dialysis providers after they were outspent enormously by the dialysis industry’s $100 million counterattack. Real estate groups poured money into defeating a second consecutive rent control initiative.
But nowhere was cash clout more evident than in a battle over the tech industry’s employment practices. Homegrown Silicon Valley giants like Uber shattered state spending records by plowing more than $200 million into Proposition 22, which allows them to circumvent a state mandate to convert their independent contractor workers into employees. That massive outlay was enough to surmount unified labor opposition.
â€śI donâ€™t know if we should be looking at this as progressive versus not progressive or if we should be looking at the overwhelming impact that money has in campaigns,â€ť said Sandra Lowe, a Democratic consultant and former top California Democratic Party strategist. â€śItâ€™s pretty hard to compete against $200 million of advertisements and most of the people thatâ€™s the only thing they know, is what theyâ€™re seeing on their television.â€ť
Democratic strategist Michael Trujillo echoed that sentiment, noting that for all of organized labor’s political California clout, “labor’s money isn’t infinite.” Well-funded special interest groups were better able to sway critical Democrats, he said.
â€śCaliforniaâ€™s a liberal, Democratic state so if Democrats want to get an initiative passed itâ€™s really on the backs of Democrats,” Trujillo said, and “for the most part, the folks that were able to get their message through in a very expensive state like California tended to do well.”
Some campaigns likely had a harder time breaking through airwave saturation and mailbox inundation of other big-money measures, said Public Policy Institute of California president Mark Baldassare. That may have been the case with affirmative action, which failed despite polls showing widespread support for racial equity measures. Though backers had $31 million, that was a fraction of the money other campaigns had to blitz voters.
â€śIt was a very difficult landscape for other ballot initiatives to get attention and get support for voters,â€ť which often means people default to voting no, Baldassare said. â€śThe connecting of dots in some cases just didnâ€™t take place.â€ť
Still, Republican consultant Rob Stutzman pushed back on the notion that cash mismatches were the sole determining factor in organized labor getting “creamed at the ballot.”
If money exclusively swung elections, Stutzman argued on a post-election panel, “there would be 60 Democratic senators as well,” referring to cash-soaked challenges to GOP senators like Mitch McConnell, John Cornyn and Lindsey Graham, all of whom won.
This article was originally published by Politico on November 12, 2020 Reprinted with permission.
About the Author: Jeremy B. White co-writes the California Playbook and covers politics in the Golden State. He previously covered the California Legislature for the Sacramento Bee, where he reported on campaigns, myriad nationally significant policy clashes and multiple FBI investigations of sitting lawmakers.
He has a bachelorâ€™s degree in English from Tufts University and a masterâ€™s degree in journalism from Columbia University. A native of Bethesda, Maryland, one of his life dreams is to throw out the first pitch at a Washington Nationals game â€” although he would settle for winning a playoff series. He lives in Oakland with his partner and his cat, Ziggy Pawdust.