Effort to Loosen Term Limits Trails

Early election returns found voters inclined to bolster parks, crack down on insurance fraud and dedicate gas sales taxes to transportation, but a proposal to relax term limits for state lawmakers was trailing.

Another measure, to ensure that all votes are counted, was leading easily, while a bond measure to replace voting equipment was narrowly leading.

Of the six measures on the ballot, Proposition 45, which would allow legislators to seek four more years in office, garnered the most attention. With about a third of the ballots counted, it was trailing badly.

The contest pitted Senate Leader John Burton (D-San Francisco) and many of his fellow Democrats against some Republicans and other term-limit backers. The Legislature is controlled by Democrats, with Burton in charge of the Senate and Speaker Herb Wesson (D-Culver City) holding the reins in the Assembly. Without Proposition 45, each man would be forced to leave office in 2004, though Wesson could seek a Senate seat.

“By rejecting the attempt by career politicians to kill term limits, Californians have sent a message to career politicians across the country: Mess with term limits, and we’ll mess with you,” said Dan Schnur, manager of the No-on-45 campaign.

“It was an uphill battle to begin with,” countered Bob Mulholland, campaign advisor for the California Democratic Party. “Once $1 million in anonymous money came in from the Midwest for the ‘no’ side, it made it harder for us to win.”

The measure would allow lawmakers to run for an additional four-year term in the Senate and two more two-year terms in the Assembly by securing signatures of 20% of the voters who cast ballots in their districts in the prior election. Currently, senators are termed out after two four-year terms and Assembly members must move on after three two-year terms.

Voters were also deciding Tuesday whether the state gasoline sales tax should be earmarked for transportation projects. The measure was leading in early returns. Under current law, proceeds from the tax will be used to relieve urban gridlock from July through June 2008, but would return to the general fund afterward.

Proposition 42 would extend use of the tax for transportation projects beyond July 2008, and would make it more difficult for lawmakers to tinker with the existing plan.

“It’s off to a promising start,” said Nick DeLuca, a spokesman for the Yes-on-42 campaign. “Nobody needs to be sold on the fact that we have a terrible transportation mess in the state.”

Proponents contend the measure is necessary to begin addressing California’s multibillion-dollar transit and road-construction backlog. Two of the state’s most powerful unions, however, dumped $3 million into a last-minute television advertising blitz to defeat Proposition 42.

The California Teachers Assn. and the Service Employees International Union contend the measure would divert money from other state services, including education and health care.

Tuesday’s ballot measures also tested voters’ willingness to dig into their pockets to bolster parks and purchase new voting equipment.

Proposition 41 would raise $200 million through bond sales to help purchase new voting equipment. Supporters contend the measure is a crucial step to help cash-strapped counties replace punch-card voting systems. The measure was leading narrowly in early returns.

A federal judge recently ruled that California must replace its punch-card voting machines by the 2004 presidential election.

Another bond measure, Proposition 40, would raise $2.6 billion to improve and purchase property for state and local parks; conserve land, air and water; and preserve historic and cultural resources. The measure, which was also leading in early returns, is supported by environmental groups.

Both Propositions 40 and 41 are opposed by Lew Uhler, president of the conservative National Tax Limitation Committee.

“Unfortunately, the ‘yes’ sides had all kinds of virtually unlimited funds to campaign,” Uhler said.

In addition to the bond measures, another ballot proposal to rise from Florida’s “hanging chad” debacle is Proposition 43, which would amend the state Constitution to say that all votes legally cast in an election shall be counted. The measure would also allow county election officials to petition the courts for an extension of any deadlines so votes can be tallied or recounted.

Opponents warn the measure will invite needless postelection litigation. Early returns showed the measure leading, and the same for Proposition 44.

That measure asked voters to decide whether the state’s 15,000 licensed chiropractors should be subject to the same penalties as doctors, including the possibility of having their licenses revoked for 10 years for second or multiple offenses.

Proponents contend the measure would help prevent insurance fraud. Opponents say it goes too far by revoking chiropractors licenses.