Enshrined in our Constitution, the century-old right of the people to legislate at the ballot box should be sacred
according to polling from the Public Policy Institute of California.
In 2020, California voters approved Proposition 22 with 58% of the vote. The measure establishes a new test for determining whether app-based drivers, such as those who work with Uber, Lyft and DoorDash, are independent contractors or employees, and it provides new benefits and workplace protections for drivers who work independently.
Nonetheless, opponents of the measure have indicated that they may petition the California Supreme Court for review. In addition to attempting to undo the will of the voters, a continued attack on Proposition 22 threatens to diminish the constitutional right of initiative. Should the case go before the Supreme Court, it’s in the interest of voters and California’s democracy for the measure to be upheld.
Another prominent example is Proposition 9, the Political Reform Act of 1974, the nation’s first comprehensive political reform statute following the Watergate scandal. As a former chairman of the Fair Political Practices Commission — the government ethics agency created by Proposition 9 — I am very familiar with the Political Reform Act initiative and the many unsuccessful challenges to it.
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