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Diamond’s SJR67 testimony

TESTIMONY OF ROGER J. DIAMOND, SJR 67

Voter Initiative Constitutional Amendment

December 13 and 14, 1977

TESTIMONY OF ROGER J. DIAMOND, LEGAL COUNSEL, PEOPLE’S

LOBBY, LOS ANGELES, CALIF.

Mr. DIAMOND. Good morning, Senator. Before I present some of the formal remarks that People’s Lobby want to get on the record I would like to have the privilege of commenting a little bit on a personal matter—namely, the subject of lawyers. I know that came up during Ralph Nader’s discussion and there seems to be some feeling that lawyers are profiting by the system in general, and they are greedy people.

Senator HATCH. Not that they are greedy people but I have had the feeling all over America that people are pretty upset that almost everything that comes through Congress accentuates the position of lawyers and creates litigation and conflict in our courts and really has created this massive influx in law schools that we have today.

Mr. DIAMOND. I want to indicate that I have been a volunteer lawyer for the People’s Lobby for 8 years now, and I’ve never billed them a dime for my time.

Senator HATCH. I want to commend you because when I practiced law I was an “a v” attorney and I spent about 90 hours a week and at least 40 of them were given for free.

But I don’t think you find that too much today.

My contention, of course, is not directed against what I consider to be a noble profession. There are those who are not noble in the profession, as you know, and there are many who are very noble.

My contention is—and one of the points I raised—that so many of the consumer advocates are advocating so many consumer changes in our society that costs billions of dollars which really have not been proven to be that monetarily or otherwise beneficial to the people as a whole.

Sometimes they are. I think it is a blanket indictment that should not be made that no consumer legislation is bad. But at the same time when they talk about creating consumer legislation and creat­ing imbalances. Of course, Ralph Nader talks about the big cor­porate conglomerates that are running our society and I don’t hear anything from him about the big labor unions that dominate us and who are not subject to the antitrust laws. There are many other aspects of society that should be curtailed as well. We never hear the other side of the coin.

I agree that there are bad corporations. I agree that there are bad big labor unions or at least big labor aspects to the union movement which are bad. I am a former union man and I like the union but I don’t like some of the aspects. I agree there is some good consumer legislation. I certainly agree there is some pretty bad and repre­hensible consumer legislation and it’s not doing all the wonderful good that its supposed to.132

But we only hear one side from some of these advocates and that is one reason why that point came up.

I commend you for voluntarily giving your time to this service. Now it may be that you are able to do that a little bit better because you are teaching and teaching constitutional law and understand it.

Mr. DIAMOND. That is true but I primarily practice law. I teach constitutional law 1 night a week at a law school.

Senator HATCH. Lest I be misunderstood, in that little dialog that I just gave I have only covered a couple of problems. I think you have not only corporate abuse and big labor abuse, but also big educational abuse and big Government abuse. There are so many abuses that you can take any area and find them. What I resent are these people who come in as authorities and just talk about abuses in their own special areas and ignore the abuses in other areas that are just as costly to the American people and just as problematical. They oversimplify what is really wrong with our country without looking at it completely.

Most of these people have created this awful bureaucracy that we’re all living with today.

Mr. DIAMOND. I agree with you 100 percent. I wanted to point out that the proposed constitutional amendments to introduce the initiative process in our Federal Government would not create or lead to additional litigation.

Senator HATCH. I would be interested in that because I was talk­ing to Mr. Fish about that.

Mr. DIAMOND. As a matter of fact, I am sure, Senator, you are well aware of the fact that many statutes passed by Congress go to the courts and similarly, many statutes passed by State legislatures end up in the courts. So I do not think there is anything unique to the initiative system that would generate more litigation than has already been generated by statute. As a matter of fact, it might lead to a lessening of litigation to the extent that an initiative measure might take the place of a few statutes which might have otherwise been passed by the House and Senate.

Senator HATCH. Nor do I think that the fact that the initiative procedure may be subject to litigation is bad. I don’t think that is particularly bad.

Litigation has a very definite place in our society. It is the way we right wrongs and it’s the way by which we can have our own par­ticular viewpoint expressed. We can win or lose.

Mr. DIAMOND. As long as we’re on the subject of litigation, I did want to make one remark with respect to my formal presentation, and I will get to that now although it’s near the end of the remark. That relates to the People’s Lobby proposal.

What we have done here this morning and yesterday is submitted a counterproposal. We have looked at the resolution introduced, which is basically the subject of the hearing this morning and was the subject of the hearing yesterday. While the People’s Lobby fully supports the concept of the national initiative as a leader of the initiative process in California, we are concerned about the way in which this particular resolution was drafted. We want to make sure that if this gets off the ground—and we are confident that it will eventually, and hopefully very soon—the best foot is put forward. We are concerned about a number of things in the initiative as presently drafted. One of these relates to the authority of Congress to in effect veto any initiative measure passed by the people through this new initiative system.

We look to the California experience as a guide. In California the legislature cannot veto a measure adopted by the initiative process. There is a very good reason for that.

The whole idea behind an initiative and the whole reason for launching an initiative drive is that the elected representatives have been unresponsive to the request of the people for legislation. And as Joyce Koupal has already indicated, initiatives do not start the first time around. Usually there is pressure on elected representatives for some reform. That pressure is met with defeat. Then the citizens resort to the initiative process.

In other words, there has been an initial rejection by the legislative system or representative system, so you start the initiative process and get the signatures and go through that exhausting process of collecting the signatures. And I’ve gone out and gathered signatures, and I still do, and we all do. We in the People’s Lobby get the signa­tures as well as run the movement and we don’t believe in any sort of elitist system. But it’s an agonizing and difficult process, and the process will not lead to a lot of initiative petitions. Once citizens go through the agonizing process of gathering the necessary signa­tures and placing the measure on the ballot, they do not want to see their hard efforts go down the drain by a veto by the President, which we construe the current proposal to permit. That is subject to some debate of course, but we think it is at least sufficiently unclear to per­mit the Presidential veto.

We don’t want to see that happen, or do we want to see Congress come in and knock out the initiative that we have just adopted.

If that is permitted—and that is what the current drafted resolu­tion would permit—then it would first defeat and discourage a lot of people from even trying to start an initiative drive because they would know that as soon as they were successful, it could be taken away from them.

Senator HATCH. Let me interrupt you for 1 second. I used this yesterday as an illustration. A lot of people in our society would like to see a balanced budget. Assuming that an initiative petition could be put together that was a valid one and was well written and would really express the will of the majority of the people with regard to forcing the Federal Government to live within its means under cer­tain circumstances. Let’s say that that passed and it says that the budget has to be balanced by the year 1981 which in my opinion is impossible regardless of what our President has decided he wants to try and do.

Just under the present legislation that is on the books that would be the case.

And let’s push the hypothetical analogy further. Let’s say that if this isn’t overruled and it really is a tyranny of the majority in this case because the people don’t understand that the country cannot balance the budget by 1981. Would it not be a good safety valve to have Congress be able by two-thirds vote—which let me assure you is very difficult to get especially from both Houses—to overturn that, assuming that it’s blatantly clear that there is a mistake there?

Mr. DIAMOND. I do not believe that the citizens would ever adopt a measure that would result in the chaos which you predict would occur.

Senator HATCH. It could happen.

Mr. DIAMOND. By hypothetical reasoning or thinking you can postulate any ridiculous set of circumstances to defeat any proposal. No matter what proposal you would advocate, I could conceive of a hypothetical set of circumstances to justify an argument against your proposal.

While I agree that in theory what you say may have some validity, in practice that would never occur.

A good example is the California experience. As much as Cali­fornians have demanded property tax relief—and we desperately need it—there have been a number of property tax initiatives which have made it to the ballot but which were drafted in such a way as to have produced, had they been adopted by the electorate, chaos in terms of Government funding services, and they failed. Those have failed because the pro and con campaigns produced in the electorate the knowledge that the proposed initiative laws were not the right way to go a bout t ax reform even though everyone agreed that we needed some solution.

So from a practical point of view the measure was defeated. I do not think that that would ever occur here.

But in terms of the theory behind the initiative which is very important, it seem to the People’s Lobby that putting some sort of legislative veto into the initiative system negates the very idea for the system and in effect is worse than no initiative at all because it creates the illusion that something can be done.

We are very much aware of the argument that once in awhile an initiative measure, like any statute, might have some flaw in it, some defect that was not really recognized when the measure was put together. We know that Congress, from time to time, corrects de­ficiencies and makes technical adjustments in statutes. We recognize that, and we have included in our draft a proposal which we have submitted, and I hope that you have had a chance to look at or will have a chance to look at it.

Senator HATCH. It will be inserted in the record.

Mr. DIAMOND. We have submitted a mechanism for correcting those kinds of mistakes or technical errors that may crop up from time to time in an initiative, and we provide that Congress may amend those kinds of initiative statutes.

Senator HATCH. It still takes a two-thirds vote ~

Mr. DIAMOND. No, not even that. We would require simple ma­jority. However, the amendment would have to be consistent with the intent of the statute and consistent with the intent of the legislation.

If that were the case, then there would be no problem. So we are aware of the argument which I think was raised yesterday about initiative statutes being unique in the sense that they are beyond control and beyond being remedied. We have provided a flexible provision in our proposal for that particular purpose.

In addition, while I’m on the subject of flexibility, I wanted to point out that the People’s Lobby proposal has a number of other measures in it for flexibility that relate to the concept of the number of signatures.

Yesterday and again this morning Senator Abourezk expressed some concern about numbers and how many States should be re­quired and what the percentage of signatures should be and how much time should be allotted for the signature gathering process and so on.

In our proposal, to build in flexibility we advocate that Congress, by statute, can implement the initiative and set those figures. The reason for this is that nobody knows—and we can all come up here and predict and our predictions, but they are not based on too much experience other than at the state level, and we have no national level experience. We can predict how many signatures should be required, but nobody knows for certain.

What we suggest is that those mechanisms—the numbers—should be left to Congress. There is precedent for this. A number of other constitutional amendments do delegate to Congress the authority to implement the constitutional amendment by appropriate legislation. We advocate here, rather than freezing a specific percentage into the initiative, either 3 percent or 10 States or whatever, that Congress be permitted to do that at some later stage or in conjunction with the adoption of this constitutional amendment. That would permit flexibility.

Senator HATCH. Let me interrupt you. If you leave that with Congress isn’t that leaving it with the majority of Congress to say that you have to have 50 percent and all 50 States and you have to get this on legislation that they don’t want anyway; and where they want something that the majority says they can have, then you might have 2 percent. Isn’t that defective? It seems that way to me.

Mr. DIAMOND. We recognize that argument. Our answer is this. To get the initiative that ‘we proposed as a part of the Constitution in the amendment that we’re asking, we’re going to need Congress’ vote anyway. We’re going to need two-thirds of Congress to vote for this and three-fourths of the States. Now, of course, we’re dealing with procedure.

We do not believe that the same Congress which would vote to sub­mit this to the states for ratification by two-thirds vote in each House of the Congress, would turn around and undermine and sabotage the very initiative that it has voted to submit to the States for rati­fication by enacting an unwieldy or impossible burden in terms of numbers of signatures to be gathered.

In other words, we trust Congress to the extent of being fair with respect to the procedure. After all, we are asking Congress to vote for this in the first place.

Senator HATCH. You are saying that before the initiative petition can even be utilized Congress has to have a two-thirds vote.

Mr. DIAMOND. No, we are saying that we believe that Congress, by statute, should implement procedures under this proposed constitutional­ amendment to in effect create a code, an initiative code to detail the regulations. How are signatures to be gathered? What are the qualifications? How much time? In other words, it should be in the form of a code because I do not believe, as someone who has studied the Constitution for some time and is in agreement with Ralph Nader and others, that the Constitution should be the same as the Internal Revenue code, a detailed, complex statute containing all kinds of regulations. We believe it should come from Congress.

Senator HATCH. I agree with that.

Mr. DIAMOND. If it should turn out that it is unworkable and that the number of signatures required is too high, then Congress would presumably lower the number.

On the other hand, if it should turn out in the first year or two that Congress would set a particular number that was too low and too many petitions were qualified, then Congress could then adjust it upward to regulate it. In other words, it’s a fine tuning mechanism.

The reason numbers should not be in the Constitution is that they would be frozen into the Constitution. And we’re afraid, quite frankly, that if the number is too high there would be no way to really amend the Constitution again because it’s a very difficult process to amend the Constitution.

All we’re saying is that the nitty-gritty, the details, the numbers, the percentages ought to be left to Congress with appropriate im­plementing legislation which is a major proposal that we’re making here. It is different than the original proposal as drafted and as submitted to this subcommittee for its consideration.

In addition, Senator Abourezk continually asked a number of witnesses whether those witnesses advocated a referendum. The People’s Lobby strongly advocates the inclusion of a referendum in the initiative. This is, I think, one of the glaring defects of the present proposal before your committee—the exclusion of a refer­endum.

A referendum is important and indeed is not so radical as an initia­tive because all the referendum does is permit Congress from time to time to place measures on the ballot for voter consideration.

We are well aware of the fact that there are a lot of hot political issues that Congress’ may be afraid to vote on because no matter which way they vote they are going to be in trouble with a large seg­ment of the constituency. I’m sure that those kinds of issues could save the particular congressman or senator some anguish by merely saying, “I’m going to put this on the ballot and let my people vote.”

Senator HATCH. Like the Panama Canal for instance.

Mr. DIAMOND. Right. Just like that. In other words, you do not know. You’re not really sure which way to vote. That raises an issue which nobody has discussed and that is whether the initiative or referendum could be used to enact treaties. Nobody has discussed this and I think your comment raises that. I wasn’t really prepared to discuss it, but I will comment since you brought it up.

I believe that under the Constitution treaties are ratified only by the Senate, and not by the House of Representatives.

Senator HATCH. That is true about ratification. It’s not true with regard to the transfer of American property. Article IV, section 3, clause 2 says that it has to have the consent of both Houses of Congress.

Mr. DIAMOND. Right, for property.

Senator HATCH. Yes, for transferring property.

Mr. DIAMOND. When you mentioned that, I was aware of the fact that only the Senate could in effect ratify treaties. But of course whether or not an initiative has the force of a statute or a referendum has the force of a statute, you could certainly, under our system as we’re advocating here, place the question on the ballot in order to get the popular sense.

Senator HATCH. You would have the popular viewpoint in the sense that it would have pressure on it.

Mr. DIAMOND. Exactly.

So, we think that the proposal we’re making with respect to refer­enda would certainly permit a popular vote on that issue whether or not the popular vote could have the legal effect of ratifying a treaty. But we agree with you that insofar as property has to be transferred, that aspect of it could be placed on the ballot.

So, we agree with you, Senator, in terms of putting the popular issue on the ballot, such as the Panama Canal Treaty. What we advo­cate would be consistent with your comment.

Senator HATCH. What I’m saying is this. Where you have two types of treaties and one does not involve the transfer of property and the other which does. Under the first, the President can go and negotiate that treaty with the advice and consent of the Senate and bring it back for a Senate two-thirds ratification and it becomes the law of the land.

Under the second instance, the President has got to have either implementing legislation from the House of Representatives, from the whole Congress or he has to negotiate it with the advice and consent of the Senate and bring it back for two-thirds ratification of the Senate and an approval by the majority of the House of Repre­sentatives. That is one of the biggest issues in the Panama Canal controversy. We have raised that issue and Raoul Berger has agreed that we’re absolutely right on that. There is now litigation.

So what you seem to be saying and I think it’s an interesting and profound thought and that is that whether or not an initiative or referendum could result in constituting a treaty—and I submit to you that it could not—the value of its would be to at least allow the American people to express their will and then have the people’s representatives stand up for whatever they want to and face the wrath of the voters thereafter.

Even from that standpoint, the initiative would have great validity under your viewpoint and frankly under my viewpoint in that par­ticular instance.

Mr. DIAMOND. Right, or a referendum.

Senator HATCH. Yes.

Mr. DIAMOND. In other words, if the elected representatives wanted the issue on the ballot, under our proposal this could be done merely by the Senate and the House voting to place it on the ballot to get the electorate’s response.

Let me mention one other thing with respect to the difference between the People’s Lobby proposal and the proposal now before the committee. That relates to the subject matter of the initiative. This also is based on our California experience.

By virtue of the California constitution, both laws passed by the State assembly and State senate and signed by the Governor and laws passed by the initiative and referendum process, must deal only with one subject. This contrary to our Federal system under which, as you know, a bill can deal with a multiple subject, and riders are often attached permitting at least one vote on a number of unrelated issues if it’s tacked together.

In California this is not permitted by our California constitution, and so initiative statute can violate this. As a matter of fact—I won’t mention this case—but there is some question about whether a particular initiative now being circulated in California deals with more than one subject.

We’re suggesting in our proposal, which is not included in the proposal now before your committee, that Congress be permitted, b y statute, to limit the subject of any initiative or referendum to one subject because we do not believe that multiple subjects are really appropriate for the people to deal with. There could be some danger.

Congress may be able to deal with that because there is a lot of trading and bargaining and politicking going on. But we do not believe that a multiple subject initiative ought to be brought to the people because they may feel 80 percent strong about one measure and then 10 percent weak on another and adopt both even though one may not be so good for the people.

We think that there ought to be a system to limit the initiative subject to one matter.

Senator HATCH. Let me interrupt you. I understand your point. Let me ask you this. I raised this point yesterday. It is one that concerns me. Assuming this legislation passes and the joint resolu­tion is accepted, and lets assume that we limit it to one subject matter item which as you know is constitutionally difficult to define and it may be a difficult standard to meet because there basically are no subjects really if you start by examining them.

But nevertheless I agree with you on that point, at least cursorily I agree with you that there should not be a broad sweeping tax code reform, for example. You’re saying that you have to limit it to tax reform.

Mr. DIAMOND. That could be regulated by implementing many statutes. We don’t want to freeze the definition of subject in the initiative. We want to delegate that authority to Congress.

Senator HATCH. How do you solve this problem? Let’s say that you have done to all the bother of meeting the requisite percentages and numbers of States and so forth and its ready to be put on the ballot and there is some technical language provision in the initiative or referendum that really makes it invalid and it could just be solved technically so that the thing could go on the ballot and it wouldn’t be a wasted vote of the American people. Do you have any suggestions as to how you solve that problem? Does your particular proposal deal with that?

 

Mr. DIAMOND. We think it does to the extent that we authorize Congress to amend the initiative by a simple majority vote to correct any deficiencies or technical omissions.

So, we think that would solve the problem. We think that Congress by appropriate legislation—

Senator HATCH. If it doesn’t do it by a majority vote then the initiative would fail even though all that has been done –

Mr. DIAMOND. You’re saying that the correcting mechanism should be before the vote rather than after – We think that would be permis­sible. Let’s say there were a double negative written in where it was not intended.

Senator HATCH. That is what I’m talking about. It’s something that is clearly a procedural and technical defect that should not prevent the vote.

Mr. DIAMOND. We submit that, first of all, by the referendum process Congress could, in effect, put another measure on the ballot or a corrective measure, or by legislation could correct the defect. We would be all in favor of that so that the taxpayers’ money would not be wasted.

Of course, our experience has been that that really does not happen. As someone indicated yesterday these initiatives are not slapped together over coffee or over nonfat milk or orange juice or whatever. They are worked on for a long time, and in effect many hearings are and citizen groups are consulted.

The citizen groups who are going to put this thing together are going to spend a year of their life working on this and a lot of their money. They want to make sure their proposed law is drafted cor­rectly. So, as a practical matter, the initiative is usually corrected before it gets to the ballot.

But if something unforeseen should happen, then we agree with the implication of your comment—that there ought to be some way of dealing with that, and we think that our draft does permit that by permitting technical corrections.

But we do say that it has to be consistent with the intent of the stated legislation. We think that particular problem is solved by our particular proposal, which I do not think is contained in the pro­posal that is now before the committee.

Let me indicate quite strongly that we certainly agree with the theory of the initiative. We are not here to say that what is now before the committee should be totally disregarded. We think it is a good starting point for discussion. But before anything in final form is submitted to the full committee, ‘we certainly would hope that our views would be noted.

One final thing that I wanted to mention in terms of the remarks that we wanted to have noted for the record here. That relates to the limitation placed on legislation by the current proposal before the committee.

As you will note, the proposal now before this committee exempts certain kinds of authority from the initiative process—basically, those dealing with the warmaking power of Congress. We do not believe from a theoretical point of view that the right of the people to enact legislation by the initiative process should .be any less than that now possessed and owned by Congress. In other words, we do not believe that any exceptions should be carved. Right now there is an exception in that the current proposal of the initiative process prohibits its use to declare war.

We are not warmongers and we don’t want initiatives to be used to declare war. Really, our dispute has more of a theoretical basis. As a practical matter, nobody is ever going to use an initiative process to declare war. It would take 1½ or 2 years to do and it would never happen. But from a theoretical point of view, for the sake of sym­metry, we believe there should not be any exceptions carved into the initiative. We think the scope of legislation authority ought to be co-extensive with Congress’ authority right now. That is a theoretical point. As a practical matter, we can’t see how that would ever come to pass.

Senator HATCH. I appreciate your testimony.

Let me ask a couple of questions.

Ms. KOUPAL. The People’s Lobby, this is a nonprofit organization?

Ms. KOUPAL. Yes.

Senator HATCH. How many members do you have?

Ms. KOUPAL. We have been organized since 1968. We are primarily an organization that uses the initiative process to solve problems. We are not membership oriented in the sense you mean.

Senator HATCH. Do you take donations?

Ms. KOUPAL. Yes, we do and we also conduct a printing business.

Senator HATCH. Do you have a board of trustees?

Ms. KOUPAL. A board of directors.

Senator HATCH. How many members are on that?

Ms. KOUPAL. There are four right now.

Senator HATCH. Would you submit for the record the names of each of those members?

Ms. KOUPAL. Certainly. Martin Friedman, James Berg, Robert Hamcke, and Laura Tallian.

Senator HATCH. I take it that you are basically funded by private donations?

Ms. KOUPAL. Yes, and we have fundraisers. For instance, in one initiative drive we conducted a series of bicycle rides which provided us with about a quarter of a million dollars in funds, so our fund raisers are not insubstantial.

Senator HATCH. You don’t have an annual budget?

Ms. KOUPAL. Yes, we have an annual budget of about $100,000 a year.

Senator HATCH. $100,000 a year?

Ms. KOUPAL. Yes.

Senator HATCH. How many staff members, paid staff?

Ms. KOUPAL. It is flexible. Right now I think we have probably 25. But we are in an initiative drive right now. Ordinarily we have between two and five.

Ms. KOUPAL. Yes, we have an annual budget of about $100,000 but when you start your drives you go out and raise additional funds?

Ms. KOUPAL. Yes.

Senator HATCH. Like the bicycle rides where you raised a quarter of a million dollars?

Ms. KOUPAL. Yes.

Senator HATCH. Let me ask you a little bit about your organization and you can give us some background, Mr. Thomson.

Mr. THOMSON. Yes, Senator HATCH. It is helpful for the record.

Mr. THOMSON. We’re a statewide organization in Massachusetts. We’re membership based.

Senator HATCH. How many members?

Mr. THOMSON. 2,500 members across the State. We have been in existence as a merger of two groups that go back to 1962.

Basically we operate on the whole range of progressive issues as they come up as well as the election campaigns themselves, both in the Presidential primary and congressional races in our State where we probably have the most visibility, and on local legislative races and local town problems.

Senator HATCH. Do you have a budget, do you have an annual budget?

Mr. THOMSON. About $50,000.

Senator HATCH. Do you do the same as People’s Lobby! Do you go out and raise money when you need it for a particular thing?

Mr. THOMSON. Right. We have a series of if fundraising events and our basic set of funds comes by the membership itself with dues and additional donations over and above those dues.

Senator HATCH. Mr. Dent, you are an attorney; is that right?

Mr. DENT. No, I am not.

Senator HATCH. Do you represent any particular organization?

Mr. DENT. I am affiliated with Initiative America and I had written a paper 3 years ago on proposing a study be undertaken on a national initiative and submitted it around to various Members of Congress.

Senator HATCH. Mr. Fish, I know you are a professor. You may comment if you like.

Mr. FISH. I do not represent any group. I’m here on my own.

Let me make a few points.

There may be some impact on the volume of cases handled by the Federal judiciary if a national legislative initiative passes. For instance an injunction against an antipornography initiative or some­thing like that on first amendment grounds as well as challenges to signatures.

I should think you would want to seek out the views of the Judicial Conference of the United States as to what kind of impact on Federal case flow might arise from a national legislative initiative, should it become a reality.

Another point that did bother me is this. It explicitly states in S.J. Res. 67 that it does not provide for a constitutional initiative. But I wonder if a constitutional initiative could not emerge via the back door in that through a national legislative petition there could emerge a legislative proposal for an amendment to the Constitution of the United States providing for a constitutional initiative which would then go to the states for ratification by three-quarters of them.

If so, then we would have the constitutional initiative.

Senator HATCH. We already have that in the Constitution.

Mr. FISH. From the States. I’m talking about its arising from the people—the constitutional initiative based on petition such as Swit­zerland has.

There is a specific sentence in S.J. Res. 67 that says that this measure will not provide for a constitutional initiative.

Senator HATCH. I don’t want to keep you folks so long and I think your testimony has been very interesting and very appropriate and good for the record. I have enjoyed chatting with all of you.

Let me ask you this, Professor Fish. As you know the subcommittee recently considered a constitutional amendment to provide for the direct election of the President.

One of the major objections to that amendment, as you know, is that it overrides the principle of federalism that is embodied in the electoral college.

Are you suggesting that the proposed amendment for an initiative is also objectionable on the grounds that it also undermines the Federal principle embodied in the national Congress and in the Constitution itself?

Mr. FISH. I would say that if it were possible to have a national constitutional initiative, then a government of limited powers could be dissolved, it seems to me. It could put the first amendment up as an issue with the equal protection clause and vote whether or not to repeal the first amendment or repeal the equal protection clause, as the case might be.

If there was such a thing as a constitutional initiative, then that could happen.

Senator HATCH. Mr. Diamond, did you have a comment?

Mr. DIAMOND. I was going to say that right now, if the States or people wanted to repeal the first amendment they could do so by bypassing Congress and just have a State convention with alternative means of amending the Constitution—a method which has never been utilized.

I think that these kinds of expressions of fear are simply unwar­ranted. The assumption or the premise underlying that kind of a comment is that the people are totally irrational.

Senator HATCH. We had one of the most liberal Democratic polit­ical scientists here yesterday and according to his own characteriza­tion he was that way. I don’t think he called himself the most liberal but he sounded like one of the most liberal ones and he was very articulate in saying that he feels that the people would be very ignorant under the circumstances and that this is a very dangerous proposal.

Mr. DIAMOND. I do not believe that. But even if it were true, this does not in any way increase the chance of that happening because it could still happen by virtue of the alternative means of amending the Constitution.

Senator HATCH. Should not we stay with the Constitution since we have an alternative right now that the people can advocate if they like? For instance recently I advocated at an antiabortion meeting that maybe we ought to utilize the state convention approach to amending the Constitution with regard to indiscriminate abortion.

Mr. DIAMOND. You’re suggesting there is an alternative right now for popular initiative, namely the opportunity to amend the Con­stitution.

My answer to that would be that many of the kinds of proposals that you or others might make, if we had the popular initiative, I think are properly related to a statute rather than amending the Constitution.

Senator HATCH. That is a good point.

Mr. DIAMOND. So, if you were going to adopt the detailed abortion statute regulating when abortions could be offered or when they could not be or when the expectant mother could have it or when she could not, then I think that kind of a detailed proposal should be a statute.

Senator HATCH. If I offered it, it wouldn’t be detailed, it would be

simple.

Mr. DIAMOND. You say no abortions?

Senator HATCH. That’s right.

Mr. DIAMOND. But a lot of people might say—and I don’t want to get into debate—but they might say under some limited extreme circumstances abortion might be OK. –

Senator HATCH. I would say that too.

Mr. DIAMOND. But that would have to be a statute. It wouldn’t be properly a constitutional amendment.

Senator HATCH. I disagree with you on that. The Hyde amendment would be an appropriate amendment to the Constitution. Basically it says no abortions except to save the life of a mother.

But let me ask you this, Ms. Koupal. Do you receive any of your money from foundations or other organizations or is it mainly people funded?

Ms. KOUPAL. It is mainly people funded.

Senator HATCH. Mr. Thomson?

Mr. THOMSON. The funding is entirely by individual members and their donations.

Senator HATCH. So these are folks who really believe that some­times the Congress is unresponsive and they need some sort of a way of going around the Congress or any other entity in the Govern­ment to be able to let the people vote up or down; is that right?

Mr. THOMSON. That’s right.

I would like to make one point. We talked about the problem of technical corrections in the amendment. I believe the model in Massachusetts may be a workable solution to this. The text of the proposal, before any initiative petitions go out for collection of signatures, is submitted to the attorney general.

Senator HATCH. For approval?

Mr. THOMSON. Yes, before it goes on.

Senator HATCH. That’s a good suggestion.

Mr. THOMSON. Trying to do it in terms of having Congress look at the legislation after it has gone through the petition process is exceedingly dangerous because I don’t think any process has ever been devised to make the distinction between a nonsubstantive change and a substantive change when a not disinterested party is making the judgment.

Senator HATCH. That’s right. They certainly overlap. Mr. Dent?

Mr. DENT. Senator, to buttress the point you just made, I think an interesting example which just recently occurred in Ohio comes to mind. This was the situation where the legislature there passed the instant voter registration law which was subsequently vetoed by Governor Rhodes and the legislature then came back and overrode Governor Rhodes veto upon which the people went out and collected enough signatures to place the issue on the ballot and overrode the legislature by a fairly substantial margin.

Senator HATCH. And a very important vote in this country.

Mr. DENT. This says graphically one thing. The legislature was drastically out of tune with the people. The people in this case had a remedy to correct that situation.

Senator HATCH. Let me say this. As I’ve said I’m still a little up in the air on this matter. There are a lot of questions that I have about

it.

Mr. Fish has raised I think some very provocative questions about this. Mr. Diamond, you have raised some good questions. All of you have. Mr. Dent was just citing the Ohio situation.

I think you would all agree that this is a very important issue and that it is not easily solved by demagoguing and say, “Don’t you want the people to make the decision?” I particularly have appreciated

–    that none of you have done that. I think that it involves issues that were thoroughly discussed during the creation of the Constitution in the early days of this country.

But these aspects perhaps were not discussed in the detail that we’re getting into them here.

So, I personally want to thank all of you for coming. I think what you have given to us has been very good and I think this will give my colleagues an opportunity of seeing a variety of viewpoints with regard to this type of legislation.

I want to study it more myself and I think that this is what makes the representative form of Government work in having people come from all over the country and express their viewpoints with regard to legislation which really is a great moment one way or the other.

This is a very important piece of legislation and I want to thank you again for coming.

Senator HATCH. Senator Bayh would like to know this. How do you groups propose to fund a national initiative should this resolution pass? Would the 3 percent or 10 states foot the bill? Would the Federal Government foot the bill? Would the private groups foot the bill or who is going to fund this particular thing?

Mr. DIAMOND. You are talking about the elections?

Senator HATCH. Who would fund it?

Mr. DIAMOND. In terms of the election, they would take place in each State and each State would take care of it.

Senator HATCH. You’re saying that the private entities, that is the citizens would have to fund it?

Mr. DIAMOND. The measure would be placed on the ballot during the regular congressional elections so that there would not be a special election.

Senator HATCH. But the question is this. When you start the process, the initiative petition, who is going to pay for all the process? Who is going to pay for the verification of petition signatures?

Ms. KOUPAL. The same people who now pay for it.

Senator HATCH. Basically the State?

Ms. KOUPAL. The election of Presidential people and congressional people.

Senator HATCH. Isn’t it the State in California?

Ms. KOUPAL. Yes.

Senator HATCH. Twenty-three cents per individual signature?

Mr. THOMSON. No, that was somebody else’s figure.

Senator HATCH. Somebody said that in their particular state it was 23 cents a signature.

Mr. DIAMOND. Each State right now determines for itself how to conduct elections, and in respect to verifying signatures, I think that the States ought to be free to experiment. For example, in California up until a few years ago each signature had to be separately and individually verified by the registrar of voters of a particular county in which the signature was obtained. More recently they have gone to another method, which is a random sampling type method, to save money and for other purposes. So, we think this should be a matter left to the States because the States after all are the ones who are really responsible for conducting it.

Senator HATCH. You wouldn’t then federally fund the process?

Mr. DIAMOND. No.

Senator HATCH. Mr. Fish, do you have any comments on this as to the cost or the economic impact to this?

Mr. FISH. I have not given the cost or economic impact any atten­tion at all. I assume that it would be very costly but I do not know how costly or where the money would come from. I thought that funding would come from voluntary contributions but apparently some people have other ideas.

Senator HATCH. All right. Mr. Dent?

Mr. DENT. On a citizen level of collecting the signatures and the process leading up to placing the measure on the ballot, you could obviously have the expense borne by the citizens.

Senator HATCH. By the promoters?

Mr. DENT. Yes.

Senator HATCH. You would agree then with the rest of the panel about signature verification and that it has to be a State problem and not a Federal problem?

Mr. DENT. I have really not given it too much thought. I would have to defer on that.

Senator HATCH. I think that is important. Thank you very much.

We’ll be happy to have any additional information.

[The statement submitted by Mr. Diamond from the People’s Lobby was marked “Exhibit No. 15” and is as follows:]

 

[EXHIBIT No. 15]

 

STATEMENT BY PEOPLE’S LOBBY BEFORE THE SUBCOMMITEE ON THE CONSTITUTION

 

AMERICA NEEDS A NATIONAL INITIATIVE

 

A Representative Democracy is strong to the extent that elected officials are able to represent clearly the citizens from whom they derive lawmaking power. There are many times when citizens choose to give their representatives license in creating solutions to problems. But there are also times when voters wish to reserve lawmaking power to themselves. It is that freedom of choice, exercised by the citizenry, which makes Representative Democracy strong and responsive to the needs of the people. That freedom of choice—the citizens’ right to resolve issues directly rather than through a representative—is lodged in the Initiative Process, a tool of self government needed nationally as well as locally.

 

The Initiative Is The Citizens’ Tool of Self Government

By gathering signatures on Initiative Petitions, citizens in 23 states may pro­pose Laws for consideration by the electorate. The extent of citizens’ powers under the Initiative, and the time and expense involved in implementing it vary from state to state. Using state Initiatives involves researching and drafting a proposed law; organizing large numbers of people to collect the signatures necessary to qualify a ballot measure; in many cases, categorizing each signa­ture with a precinct number; and always, educating voters on the measure once it is qualified. An attempt to responsibly enact a law by Initiative at the state level requires proponents of the measure-which sometimes include a number of organizations and individuals—to commit at least a year of their time and resources.

Such a commitment may appear burdensome, especially since there are proce­dures for lobbying elected representatives. Yet the Initiative Process Is used by both well organized and ad hoc interest groups, and by state and local officials, in spite of the increasing costs and numbers of people necessary to implement

  1. For example, In recent years the Initiative has been used by citizens at the state level to reform campaign expenditure reporting requirements and to define acceptable relationships between lobbyists and government officials (Cal, Wash, & Ill); to prevent the expenditure of tax money for programs such as the Olympics which citizens did not believe to be a proper use of public funds (Col); and to ensure the safety and economy of energy sources (Cal, Ore, Wash, Ohio, Col, Mont, Mo). In addition, state legislators and locally elected officials place proposals on the ballot, by Initiative and by Referendum, for voter consideration. The Initiative has dealt with problems as narrow as whether dog race betting should be legal and as broad as whether nuclear power plants should be sited on state land.

Careful study of the Initiative shows that concerned citizens write and enact particular laws because electe~1 representatives do not enact them In their legislative capacity. In some cases, Initiative measures are a clear contradiction of actions taken by a legislative body. Other times, Initiative proposals offer solutions to problems on which legislators have taken no action, either by design or by neglect. But in almost all cases, citizens attempt to influence their representatives to enact laws before using the Initiative Process.

The fact that citizen groups have not been as successful in their lobbying efforts as they had originally hoped has caused a recent increase in the use of the state Initiatives. Successful lobbying requires the financial means of sup­port for full tine legislative advocates and researchers to follow the activities of legislators. For example, Unions and professional and trade associations achieve the tenacity required for effective legislative advocacy through stable and well established funding systems, and lobbying functions are only one of the services provided their members. But citizens newly organized around an issue of concern do not generally have access to the funding mechanisms used by well established organizations. Consequently, many citizen groups cannot represent themselves equally with established organizations before elected officials.

The Initiative Process is a much needed balancing force among interest groups. In an Initiative campaign, well established organizations still have a financial advantage over citizens newly organized, but the advantage is not as great. Since use of the Initiative generates a highly visible education campaign with a definite beginning and ending, funding sources are drawn to ad hoc groups. Citizens unable to represent themselves effectively in the moneyed arena of professional lobbyists are able, through the Initiative, to function in the forum of the voting public.

The Initiative is basically the citizens’ tool of self-government. It is that nagging little voice which speaks above all others to elected officials, estab­lishing the will of the majority. The Initiative ensures the security of self-gov­ernment in a Representative Democracy. It lightens the citizens’ burden of responsibility for government by providing them with the authority to shape

government. And it strengthens the legislators’ method of representation by providing a mechanism for meaningful citizen input.

 

Enactment of a National Initiative Depends on Trust in the Collective Intelligence of Citizens

Consideration of a National Initiative is founded on one basic question: can the people of this country be trusted to govern it? There is an illogical argu­ment presented by some political scientists and voters alike which contends that the Initiative is harmful because government is a specialized area in which lawmaking should be confined to elected representatives. Under our system of government that argument makes little sense, since the Initiative does not eliminate a function of the legislature, nor should it. Legislators play a crucial role in government, and would perform legislative functions with or without a National Initiative.

It is important to remember that under our system of government legislators

are elected by citizens—the same citizens who would use the Initiative. While voters can make a decision on a proposed law by analyzing a body of objective data—the same method used by elected representatives—selecting a legislator to act on behalf of citizens requires analyzing the candidates ability to legislate, as well as the fiber of a candidate’s heart. This latter decision is the more diffi­cult, and the one now entrusted to citizens. While the safeguards of the Consti­tution and the Bill of Rights protect us from ill conceived laws, we must now bear the burden of our mistaken judgment when we are poorly represented.

We have three branches of government to enact, implement, and interpret laws. Those functions are premised on the assumption that citizens retain con­trol of government because their representatives are elected. The truth of this assumption rests on legislators’ abilities to represent their constituents. We need the Initiative for those situations In which the assumption does not hold true, for in the collective talent and creativity of the citizenry lay the means to improve the quality of government and the health and welfare of the nation. Who, but the citizenry, can be safely entrusted with the final authority to govern?

It is important to note the origins of the Initiative Process in America. The Initiative was first established in the Western States at the en~ of the 19th

Century, and it had the effect of formalizing what citizens already considered their right. While Easterners continued to adhere to many of the political ideas and practices of Britain, they were unable to make them the law of the wilder­ness. Representative lawmakers of the West were delegates of the people in every respect, or they were quickly replaced. The Western pioneers seized the opportunity to shape their lives through direct democratic methods, while the Eastern establishment feared Western populist tendencies to be a forerunner of anarchy.

Fortunately, the history of the Initiative at the state level has proven the latter theory incorrect. The voting public is a conservatively careful body. If there is sufficient question that a proposed Initiative statute will disturb the status quo, the measure is defeated at the polls. Of the 335 state measures proposed by Initiative In California between 1912 and 1977, 160 qualified for the ballot, and 117 of those qualified were defeated. These figures are similar to those for city and county measures as well as measures proposed in other states.

 

The Initiative Improve the Quality of Representative Democracy

There are several advantages produced by the Initiative Process and demon­strated at the state and local level. First, the Initiative provides a mechanism for citizen involvement in government which is lacking in other respects. More voters express their views at the ballot box when Initiative Propositions are being considered. For example, election night coverage of the 1976 Presidential race attributed increased voter turn-out in six states to interest in Initiative measures. Furthermore, consistent use of the Initiative Process creates a citizenry which is better informed about the issues that affect their daily lives, because Initiative measures are usually covered extensively by the media and argued in public forums by both proponents and opponents of the measure.

Secondly, the Initiative Process channels some of the unrest often expressed in demonstrations, protest rallies and actions of civil disobedience Into con­structive reform proposals. To use the process, citizens must provide creative and realistic solutions to social problems.

Thirdly, consistent use of the Initiative creates a more responsive legislature. The Initiative provides elected officials with direction from constituents, which makes the task of representation easier to perform. If anything, the quality of the legislature is enhanced by the Initiative.

Finally, citizens who participate in the Initiative Process often measure satisfaction with elected officials by their performance, because citizens begin to think in terms of issues rather than personalities. This phenomenon is highly visible in Swiss use of the Initiative and was aptly described by John Kenneth Galbraith in The Age of Uncertainty:

“The Swiss example has always encouraged me to believe that there Is power and effectiveness in democracy. It is the Swiss instinct that problems can be solved by the collective responsibility and intelligence of the people themselves. It is that responsibility and intelligence that count. Accordingly, the solution lies with the citizen, not the leader. The Swiss citizen does not delegate to the great in the belief that they have the answers. He seeks the answers . . . In consequence, many more elections are to resolve issues than to elect leaders. In further consequence, the Swiss have had few noted leaders, few heroes.”

 

THE PROPOSED CONSTITUTIONAL AMENDMENT FALLS SHORT OF ITS MARK

 

The Proposed Constitutional Amendment Contains Barriers to the Initiative Process.

With most good ideas, there are problems as well as advantages in their implementation. The Initiative is no exception. Barriers can be built into the Initiative which only serve to frustrate and further alienate the citizenry. Some of those barriers are apparent in state Initiative Provisions and in the proposed Constitutional Amendment.

The proposed Constitutional Amendment takes an important step in strength­ening our Representative Democracy, but it does so half-heartedly. The major deficiency in the proposal lies in the possibility of amendment or veto of the peoples’ laws by elected representatives. The Initiative is based on the theory that final authority to enact laws rests with the citizenry, and that the legisla­tive branch of government has failed to respond to the public’s demand for law in a particular area. It does not seem wise on the one hand to let the public go through the exhausting process of the Initiative only to have Congress repeal or amend such law or the President veto it. To allow amendment or veto of the peoples’ laws by elected representatives reduces the Initiative to little more than a glorified opinion poll.

Perhaps the intent of this provision in the proposed Amendment was to pro­vide a method to improve legislative language in the least cumbersome fashion, so that laws enacted by Initiative would achieve their desired effect. This can be accomplished without undermining the theory upon which the Initiative Is based and can provide an opportunity for Congress to work with citizens in implementing Initiative laws: Congress should be able to amend an Initiative law by simple majority providing the amendment is consistent with the intent and purpose of the Initiative law and strengthens rather than weakens it. Any other determination concerning the composition of peoples’ laws should be the business of the judicial branch of government.

Furthermore, the right of Initiative should go hand-in-hand with the right of Referendum. The Referendum is the process by which elected officials may refer legislative decisions to the citizenry, or citizens may support or reverse the legislatures’ actions before the Executive has implemented them. Should representatives be unsure of the will of the majority, the Referendum would provide Congress with the authority to seek the final legislative decision of the voters. Fundamentally, the Referendum is a Congressional right of Initiative, and should be enacted with the Initiative or shortly thereafter.

The scope of the Proposed Constitutional Amendment is not co-extensive with congressional authority, and the two should be identical. To grant citizens only some of the authority granted their elected representatives comes danger­ously close to creating a ruling class. It would be better to have no National Initiative than one which draws distinctions between kinds of legislative authority. Specifically, the proposed Constitutional Amendment prohibits use of the Initiative Process to declare wars, grant letters of marque and reprisal, make rules concerning captures on land and water, call forth the militia to execute the laws of the United States, suppress insurrections and repel invasions. It is doubtful whether the Initiative Process would be used for those purposes, nor should such use be encouraged. Nevertheless, those powers are included in the scope of Congressional legislative authority and should not be excluded from citizens’ legislative authority under the Initiative.

Study of state Initiative Provisions and their uses shows that it is a difficult task to set requirements for qualification and consideration of ballot proposi­tions. Requirements established in the states in the early 20th century and considered reasonable at the time are today significant obstacles to citizen use of the Initiative. Functions such as setting the number of signatures required to qualify an Initiative proposition, the number of states from which they must be collected, and the time frame within which the citizenry and the Attorney General must act, are more properly a part of the implementation of the pro­posed Constitutional Amendment, and should be left to the discretion of Con­gress. This allows flexibility and permits change should experience require it. Freezing implementation procedures into the Constitution, as the Proposed Amendment does, takes away a function which rightfully belongs to Congress and the citizenry and limits the life of the Amendment’s usefulness.

We submit for the record revised language for the proposed Constitutional Amendment which embodies the changes discussed today and request that the Subcommittee include those changes in their consideration of the Amendment.

 

CONCLUSION

 

The information which we have presented to this Subcommittee comes pri­marily from our own experience in using California’s Initiative Process, organiz­ing citizens in other states to enact laws by Initiative, and studying the effect of the Initiative Process on state government. Unfortunately, there are too few people in this country who have extensive working knowledge of the Initiative because expanding population and increased costs of mass communication have made the state processes expensive and difficult to use. Although barriers to using the Initiative should be solved in the implementation of a National Initiative, Congress would be wise to consider and study them at this time.

America needs a National Initiative, but the proposed Constitutional Amend­ment falls short of establishing it. We ask that this Subcommittee carefully consider the contradictions apparent in the proposed Constitutional Amend­ment and submit to Congress a measure which embodies the theory of the Initiative Process: that legislative responsibility and authority rests with the people. What is important to remember in establishing and implementing a National Initiative is that the collective intelligence and creativity of the citizenry will prevail. We must trust in that collective intelligence to preserve the integrity of our system of government and enact a National Initiative reflective of that trust.

 

DRAFT INCLUDING REVISIONS SUGGESTED BY PEOPLE’S LOBBY

 

JOINT RESOLUTION

 

Proposing an amendment to the Constitution of the United States with respect to the proposal and the enactment of laws by popular vote of the people of the United States.

Resolved by the senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution If ratified by the legislatures of three-fourths of the several states:

Section 1. All legislative powers granted by the Constitution shall be vested in the Congress of the United States, which consists of the Senate and House of Representatives, but the citizens of the United States reserve to themselves the power of Initiative.

Section 2. The initiative Is the power of the electors to propose statutes and to adopt or reject them.

Section 3. An Initiative measure may be proposed by presenting to the Attorney General of the United States a petition that sets forth the text of the proposed statute and contains signatures of qualified electors the number of such signatures to be determined by appropriate legislation. Legislation shall be enacted to determine the number of states from which any portion of such signatures shall be gathered and the amount of time during which the signa­tures may be gathered. Legislation may be adopted to limit Initiative measures adopted under this Amendment to one subject.

The Attorney General shall determine the validity of the signatures contained in such petition pursuant to legislation to be adopted pursuant to this Amend­ment. Upon determining that such petition contains the required number of valid signatures, he shall certify such petition. He shall then direct that the proposed law be placed on the ballot at the next general election held for choosing members of the House of Representatives. Legislation shall be enacted to provide reasonable procedures for the preparation and transmittal of such petitions, and for the certification of signatures on such petitions.

Section 4. A proposed law shall be enacted upon approval by a majority of the people voting on the proposal and shall take effect thirty (30) days after such approval unless a longer period of time is specified in the proposed law. Any law enacted pursuant to this Article shall be a law the same as any other law of the United States except that a law enacted pursuant to this Article may only be repealed or amended by a vote of the people, unless the proposed law specifies other methods of appeal or amendment; provided, however, that Congress may, under Article I of the Constitution, amend such law providing the amendment strengthens the law and is consistent with the purpose of the law. The people may vote to repeal or amend such a law by exercising the power of Initiative set forth herein or by voting on a repeal or amendment proposal placed on the ballot by an affirmative roll call vote of two-thirds of the members of each House duly elected and sworn. The Congress, by two-thirds vote of each House, may from time to time place proposals on the ballot which repeal or amend laws adopted pursuant to this Article, and may place any other legislative proposals on the ballot for voter approval or rejection, pro­vided, however, that no law, the enactment of which would violate the Consti­tution, may become effective. The Supreme Court shall have original jurisdic­tion to determine the constitutionality of any measure placed on the ballot by the electorate or the Congress. No law adopted pursuant to this Article may be vetoed by the President.

Section 5. The Congress and the people shall have the power to enforce this Article by appropriate legislation.

 

[Whereupon, at 12:25 p.m., the subcommittee adjourned.]

 

DIRECT DEMOCRACY VIA REFERENDA

From Washington Star, November 6, 1976

DIRECT DEMOCRACY VIA REFERENDA

 (By Ralph Nader)

In any analysis of the recent election returns, the burgeoning Importance of Issues being decided by direct popular vote—the other elections, they might be called—deserves more than passing notice. For these referenda on con­sumer, tax, environmental, spending, energy and government disclosure sub­jects reflect the growing maturity of the citizen action movement.

Bypassing political parties and reliance on the promise of politicians, the citizen action movement Involves the patient gathering of thousands of voter signatures on petitions to place these questions on the ballot. It is a form of direct democracy.

Most of these citizen groups are shoestring operations whose lack of funds Is made up for by determination and imagination. It is no easy task to obtain as many as 500,000 signatures of voters on petitions as the People’s Lobby (3456 W. Olympic Blvd., Los Angeles, CA 9009) has done In California to political reform measures.

Many people have to believe in the necessity for utility rate reform and a permanent consumer organization for residential utility consumers to do what Bob Koitz and his hardy associates did in Ohio for their ballot proposals. Outspent a hundredfold by the utility and other giant corporations, the Ohioans for Utility Reform (P.O. Box 10006, Columbus, 0. 43201) put a valiant fight in what they promise to be only the first round of an enduring struggle for consumer justice.

In Massachusetts, a grass roots civic group called Mass. Fair Share (864 Boylston St., Boston, MA 02116) displayed impressive organizing and publiciz­ing skill in advancing to the ballot the reasonable notion that the venerable utility gouge which made the small user of electricity pay much more per kilowatt hour than the larger industrial electricity user needed an overhaul. The entire might of the state’s Industry, commerce and many high state gov­ernment officials was thrown against Fair Share. Why, you might ask, would government officials oppose such a presumably popular issue! More out of  worry that direct democratic action would begin to challenge their powers of decision-making and, too often, the cushy relationship legislators have built up with friendly corporate lobbyists.

Direct referenda are used throughout the country for a variety of conserv­ative and liberal causes. But this instrument of direct voter expression is by no means uniform throughout the states. It is much stronger in the western states than in the south and east.

Earlier this month, over 300 issues were subject to direct vote at the state election level. The number will increase as more people perfect the petition process and more community, consumer and other civic groups deepen their roots and expand their resources.

The defeat of many consumer and environment referenda is usually caused by an overwhelming television campaign which grossly distorts the question on the ballot and raises the false specter of massive unemployment. The atomic power industry and its allies used this scare technique together with millions of dollars to reach the public in several states this month.

Consumers interested n obtaining information from the California, Ohio and Massachusetts groups can send a self-addressed stamped envelop to the above-mentioned addresses.

 

 

Alaskan Lightening Bolts Twice at Supreme Court?

San Diego Review July 1, 1996

Alaskan Lightening Bolts Twice at Supreme Court?

By Dwayne Hunn

Certiorari  is  a Latin term which in English practice became a  writ commanding inferior courts to return records for review by a higher court.   In 1925 Congress enacted the Judiciary Act to help lessen the Supreme Court’s work load, so the Supreme Court now  receives 4,000 – 5,000 annual requests for “certiorari” hearings.

The Court grants certiorari  only “where there are special and important reasons therefor.”   This amount to 10 to 15 percent of the certiorari petitions received in a given year. Ninety percent of the cases decided  annually by the Supreme Court started as a  writ of certiorari.

The Court’s work calendar usually runs from October to the end of June.  Rarely does the Court work into July, as it did in 1971 and 1974 when the Court dealt with the Pentagon Papers case and Nixon tapes, respectively.

Rarely does an individual bring more than one certiorari  issue to the Court.  However, in late June of 1996,  25 years after he  first appealed to the Court to allow the Pentagon Papers, which Daniel Ellsberg had leaked to him,  to be published by Beacon Press,  former Alaskan Senator Mike Gravel  (1969-81) is again tying  to appear before the  Supreme Court as a litigant.

Why? Because in 1995 the Washington State Supreme Court supported  its Attorney General in saying that its citizens didn’t have the power  to vote on Philadelphia II, Gravel’s effort to establish a National Initiative process.  Gravel sees this as, “Effecting peoples ability to act within a federal format.  It denies their sovereignty as federal citizens.”

Thanks to Supreme Court Justice Sandra O’Connor, Mike Gravel has been given until June 29th to prepare his appeal for certiorari.  If he is successful in persuading the Court that this is as an important an issue as  his last Pentagon Paper appeal, then he will probably have 45 days to prepare a brief for the Court.  During those days a number of Yale scholars will  help him prepare and argue the case in the fall….  Even the Yale scholars, however,  think his chances of getting certiorari or  “certified” are thin.

Back in 1971 Gravel’s chances of beating the Nixon Justice Department were thinner than erased tape.  Nonetheless,  thanks to Gravel, Ellsberg and the Pentagon Papers many are a lot smarter on war, peace and the innards of government than we ever will be on  magically erased  words on about 13 minutes of thin tape.

Don Quixote knew that  unless you mounted   your  sturdy stead and charged the windmill with lance in hand, you would never know whether you might stick one  of the monster’s spinning blades.  Once stuck, a good knight can go for one helluva ride.

Gravel may be tilting with a supreme windmill, but if he hits  a blade he’ll  pull  the country along for an enlightening  political ride.

Update:  The US Supreme Court denied certiorari on Philadelphia II vs. Gregoire.

Success is Failure Analyzed

Success is Failure…

In the mid-60’s the Koupals with some friends were learning about politics.  By 1969 they thought they had found a way for people to address political problems through the initiative process and began building a group of dedicated workers around their People’s Lobby initiative driven organization.  The Lobby struggled to have its voice not only heard on political issues but also to get through the antiquated and arduous process of getting, counting, and verifying initiative signers’ signatures. (Now, thanks to their efforts, at least the signers’ verifying process is simpler)[1].  In the 70’s they qualified, won and lost initiative campaigns and trained other groups on how to do the same. They began expanding their successes and knowledge base into forming a national initiative movement.  Nader and Western Bloc became important steps in the process of moving toward that national initiative process.

 In the process, they built a commercial printing business that allowed them to have the freedom to press the opposition in political campaigns.  Late night Ben Franklin work put inked words, ideas and political responses strategies onto papers and into peoples’ minds. 

 By 1976 the Lobby wrote a pamphlet intended to further help those grassroots organization, whose initiative ideas it had spawned or helped spawn, successfully compete against vested interests in future campaigns.

SUCCESS IS FAILURE ANALYZED:

 A PROPOSAL FOR WINNING INITIATIVE CAMPAIGNS.

A major reason for doing the pamphlet was to help the Western Bloc states run a smart nuclear moratorium campaign, which has remained the closest the nation has come to running a national initiative campaign.   Unfortunately, Ed Koupal, the Lobby’s charismatic Field Commander died of cancer during the campaign, and many of the over 16 states that participated in the Western Bloc campaign didn’t always follow the tactics and strategy laid out in the Success is … pamphlet or listen to the advice offered by the Lobby’s accumulated experiences.

Although decades have passed, this pamphlet should be read by all grassroots organizations who want to or must run initiative campaigns.  Its tactics, strategy and depicted results offers practical, valuable insights.  It is reproduced here.

If you are a grassroots organization contemplating an initiative campaign, study and understand this pamphlet’s ideas.

As the 2000 decade speeds along this section has particular relevance to Calironians and those concerned about energy issues.  This phamphlet gives credence to the belief that history repeats itself.  Clean environment issues put People’s Lobby on the map in the late 60’s.  The nuclear question forced groups like People’s Lobby to lead people to unfiltered answers to often hidden human and mechanical nuclear machinations.

The 2000 decade may find those same issues re-arising and perhaps the need for people-based campaigns to ferret out the truth on the 21st century energy questions.

*Joyce Koupal, the primary author, passed away in March 1992.  Faith Keating, was with the Nader staff and left to join People’s Lobby in the mid 70’s. The bracketed pages, such as (Page 36 Western Bloc) indicate the pages on which these sections appeared in the original pamphlet.

Western Bloc 1976

SUCCESS IS FAILURE ANALYZED:

A PROPOSAL FOR

WINNING INITIATIVE CAMPAIGNS

BY FAITH KEATING

AND JOYCE KOUPAL

A WESTERN BLOC PUBLICATION

Comments by Clem Whitaker were taken from Dr. S. Prakash sethi, Advocacy Advertising and Large Corporations, Chapter V., “Selling of an Idea – In the Public Interest: The California Campaign to Enact Proposition 9, The Clean Environment Act of 1972, “ 1976, D.C. Heath, Lexington, Massachusetts.

Western Bloc 1976.  This paper may not be reproduced in whole or in part by mimeograph or any other means without permission.  Contact: Western Bloc, 3424 West Olympic Blvd., Los Angeles, CA 90019

WHAT IS THE WESTERN BLOC?

In November, 1974 Ed and Joyce Koupal, Ralph Nader and several of Nader’s staff people met in Washington, DC to discuss plans for organizing an effective political movement to affect national energy policy. The result was a non-Nader affiliated organization called the Western Bloc  –  –  a partnership of local organizations in 16 states working together to affect national policy through the initiative process. Twenty-three states have the initiative process, and through it people can write laws and pass them by direct election.

In the months following that November meeting, the Koupals drew on their resources from the People’s Lobby — a California group responsible in some way for almost all grass roots initiatives in the state —  and gath­ered a team of organizers to assist citizens in using the initiative process. They traveled to Oregon, Washington, Montana, North and South Dakota, Colorado, Arizona, Oklahoma, Missouri, Michigan, Ohio and Massachusetts. And if prospects of an initiative campaign looked promising, the organizers stayed to assist in writing and qualifying the initiatives for the ballot.

Nearly two years and $20,000 in expenses later, the Western Bloc ini­tiative campaign has resulted in safe power ballot propositions for a Novem­ber vote in Colorado and Oregon (and probably Washington, Montana and North Dakota), and petition drives to qualify initiatives in Maine, Michigan and Ohio for 1977 and 1978 elections. If national policy is to be made at the state and local level, then local organizations must be coordinated on a nat­ional basis to learn to use the process and to create political muscle. Because of the national nature of the organization, no state stands alone in its success or failure at the ballot box, and at the same time individuals exercise a direct voice in self-government.

The Western Bloc headquarters are in Los Angeles, and the staff serves primarily as campaign organizers. The safe power campaigns, based on the California Nuclear Safeguards Initiative, are only the first in a series of initiatives the Western Bloc plans to undertake. The long-term goal is to win authority for initiatives and recalls in all 50 states, and to amend the Consti­tution to permit nationwide initiatives —  giving people thepower to write and pass federal laws by direct election.

There have been arguments waged on both sides of the direct lawmak­ing process. Critics’ positions invariably rest on the assumption that citizens cannot be trusted; they are not qualified to enact laws, but only toelect representatives to run government. Proponents of the initiative process see it as the most direct form of self-government and the tool by which to hold elected officials accountable to the people. Because citizens through the ini­tiative have the process to govern themselves, elected representatives are put in the position of serving their constituency. When legislators know that voters can enact their own laws, they are more inclined torespect the poli­tical power of the citizenry. Often the mere threat of an initiative will force the legislature to take action — for example, Propositions 5 and 6 which were placed on the June, 1976 ballot by the CaliforniaLegislature in lieu of a People’s Lobby Simple Majority Initiative, and the Nuclear Safety Bills which passed the legislature as a direct result of the Nuclear Safeguards Initiative.

Because of the initiative process, candidates for elective office are forced to take a position on issues, and the political muscle of special inter­est groups is eroded to the extent that citizens can unite in their support or opposition to measures at the ballot box. Used consistently, the initiative process creates political power among individual citizens  –  –  a political power more secure than that of big moneyed lobbyists and partisan groups.

The following article by columnist Neil Peirce is indicative of a num­ber of articles about the Western Bloc which have appeared in newspapers across the country over the last several months, and explains quite accurately the nature of the movement.

  • LOS ANGELES TIMES

June 6, 1976

INITIATIVE VOTING SPREADS

By Neal R. Peirce

LOS ANGELES—The initiative form of people’s law writing, praised by some as the purest form of demo­cracy and damned by others as the devil’s handiwork, receives an acid test Tuesday as California voters de­cide on a controversial nuclear power plant initiative.

The California vote takes on na­tional significance because it is only the tip of the iceberg of a carefully

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Neil Peirce is a contributing edi­tor of the National Journal.

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orchestrated movement to place nu­clear safeguard initiatives on the bal­lots of all 21 states where initiatives are authorized.

The movement points up a na­tionwide effort to expand the ini­tiative to other states, and indeed to amend the Constitution to make ini­tiatives possible on a national scale.

Under initiatives, citizen signatures on petitions can force a popular vote on a proposed law or constitutional change.

Nuclear safety initiatives similar to the California measure have al­ready qualified for the ballot in Col­orado and Oregon in November. Ac­tive campaigns to qualify such mea­sures by fall are also underway in eight other states—Arizona, Michi­gan, Missouri, Montana, North Dakota, Ohio, Oklahoma and Washing­ton.

Chief sponsors of the nuclear initiatives—the Ralph Nader organi­zation and the People’s Lobby in California—warn of catastrophic mel­tdowns of nuclear reactors, spewing radioactive material that contamina­tes and kills. Government and the nuclear industry, they allege, have tried to hide the immense risks. The time has come, they argue, for the public to take the issue into its own hands.

Nuclear proponents, including government, labor and utilities, say there has been no “major” accident at any atomic power plant, and soph­isticated safety systems guard against accidents. Prohibitive safeguard costs required by the California initiative, they say, would even cause shut­downs of existing nuclear power plants vital to the state’s energy sup­ply.

But is the initiative the right way to solve such issues? One public man­agement expert, William Boyd of the National Municipal League, thinks not: “Is it really wise for the voters to have hideously technical subjects, that have emotional overtones, put before them?” The average voter, Boyd adds, gives relatively little thought to the issues involved and listens only to the propaganda.

The very idea of popular initia­tives—whether technical or not—has been controversial since the first initiative laws were passed, around the turn of the century. They have always been most popular in the West—Oregon, Washington, and pre­eminently California. Hiram Johnson, the illustrious Progressive, campaigned to break the Southern Pacific’s corrupt stranglehold on California government and wrote the initiative, along with popular referenda on laws and recall of officials, into the state constitution in 1911.

By 1974, 157 initiatives had been submitted to California vot­ers—44 of them approved. The subject matter has been of infinite variety: prohibition, prize fighting, compulsory vaccination, the “Ham & Eggs” pension plan of the ‘30s; “right to work” in the ‘50s; fair housing, pay television and anti-obscenity measures in the 1960s.

Ronald Reagan’s cherished plan to restrain all future budget and tax increases went down in 1973. But two important initiatives did pass in 1972 and 1974—California’s coastal protection plan and sweeping con­trols on campaign spending and lob­bies.

Critics charge that initiatives un­dercut representative government by taking lawmaking responsibility out of the hands of legislators elected to do that job. Lawmakers are encour­aged to pass the buck on controver­sial issues. Through emotional and misleading advertising, well-heeled special interest groups can hoodwink a naive electorate. Initiatives leave no room for the give and take of legislative debate, for compromise that can result in more workable laws.

Advocates of the initiative turn all the same arguments around. The people must have a check on lobby-dominated legislatures, they say, a “safety valve” when legislators ig­nore the public will. The mere threat of an initiative often makes a legislature more responsive and accounta­ble. Citizens can write laws directly, free of the threat of crippling legisla­tive amendments. Initiative cam­paigns, backers say, air critical issues and arouse voter interest in govern­ment.

Pros and cons aside, the initia­tive process is now getting a major boost on a state and national basis. Ralph Nader’s organization has taken up the cause. In Nader’s words, “The revival of the initiative, referendum and recall in states which provide for them and the passage of similar mea­sures in other states would reduce citizen apathy and quicken involve­ment in public policy. It would be the restoration of excessive delega­tion of power from the people back to the people—American style.”

A second group — self-appointed and astoundingly zealous — is Califor­nia’s People’s Lobby, which has gone national as the “Western Bloc” to push nuclear safety initiatives. The long – term goal; to win authority for initiatives and recalls in the 29 states that don’t now have them, and to amend the U.S. Constitution to permit nationwide initiatives and re­call votes of Presidents and Members of Congress.

The California People’s Lobby dates back to the late 1960s, when Ed and Joyce Koupal set up their ini­tiative “petition factory,” headquar­tered in their Los Angeles home. The first victory came in 1974 when they joined with Common Cause to qual­ify California’s broad political reform initiative for the ballot —and won.

Ed Koupal died of cancer last March. Joyce Koupal is carrying on the People’s Lobby/Western Bloc push for a national initiative. The Nader organization lends more signi­ficant muscle. Regardless of who campaigns for the initiative con­cept, they seem likely to pick up more followers and more support — simply because of the crescendo of public distrust of government and of elected leaders documented in every national opinion poll.

The movement parallels efforts in the Progressive era of the first two decades of this century, when corruption, chicanery and unsavory lobbying discredited legislatures. Re­formers seized on the initiative and referendum — a theory of “every man his own legislature” — to correct the evils. In a few years, the Progressive movement had spent itself—but left reform statutes on the law books from coast to coast.

Today’s movement may leave its mark, too. A national initiative amendment would be exceedingly difficult to write into the Constitu­tion. But more states may adopt the initiative, and politicians can brace themselves for a disquieting era of the people taking lawmaking into their own hands.

1976 Neal R. Peirce

The Western Bloc has had some successes and some problems in its organizing process. Among the successes are safe power ballot propositions which have qualified in Oregon and Colorado, and those which will inevit­ably qualify in Washington, Montana, North Dakota, Michigan, Maine and Ohio. Problems have developed for the Western Bloc in three main areas: fundraising, the inability to successfully campaign in California as a unified group, and the lack of a hard-core, built-in constituency. The first two problems are a direct result of the disorganization of the Los Angeles staff during the time period of Ed Koupal’s death, and the third was foreseen from the beginning. Because of the need to move quickly to put safe power initiatives on several state ballots and to demonstrate the process, the forma­tion of a direct constituency was set aside in favor of a looser partnership of local organizations. But the need for a built-in constituency and unified leadership becomes apparent after a proposition has been qualified for the ballot, and this problem must be solved over the next few months if the nuclear safeguards campaigns are to be successful. (These problems will be covered in more detail in the discussion of campaign mindset and the analy­sis of the California Proposition 15 campaign.)

The following pages contain some basic facts about initiative cam­paigns based on California experiences; an analysis of the People’s Lobby 1972 campaign for the Clean Environment Act — the first initiative to contain a nuclear moratorium within it; a preliminary analysis of the YES on 15 campaign for the California Nuclear Safeguards Initiative; and an out­line of suggestions for YES campaigns in other states. The material from Clem Whitaker used in this paper was taken from an unpublished article, by Professor Sethi of Boston University.

The issues covered here need to be discussed in personal meetings as well. In every state, voters have their own regional attitudes and issues which should be primary influences in determining strategies. We hope that this paper will help campaign organizers to structure discussions so that success­ful campaigns will follow.

Campaign Mindset

There are some basic facts about initiative campaigns which are im­portant to a successful campaign strategy.

Initiative campaigns are not like candidate campaigns. Candidates are aided by controversy. Initiatives lose when there is controversy. Remember that an initiative is a new law   — a change in the existing order of the state. People have a natural psychological resistance to change because change may make things worse and it will certainly make things different. So at the outset, voters are inclined to vote against initiatives.

When controversy arises, the problem is compounded; voters will either vote no or not at all because the initiative presents an apparent and overt threat. The controversy creates an unsafe atmosphere, and generally voters will defeat the proposition to preserve the status quo.

RULE 1. Avoid controversy around the initiative. Do not create it, do not encourage it, and do not react defensively when those trying to de­feat the initiative raise it. Creating controversy is the quickest way to lose an election and the worst climate in which to present the arguments for the ballot proposition.

 In 1972, Californians defeated the Clean Environment Act, which con­tained a nuclear moratorium within it, by a 2 to 1 margin. The campaign against the measure was waged by Whitaker and Baxter, a well-known PR firm; People’s Lobby ran the YES campaign with 20,000 California volun­teers. A poll had shown that 95% of the voters in Los Angeles County wanted action taken to get rid of pollution. The most effective thing that Whitaker and Baxter did to defeat the proposition was to create immediate controversy around the issue itself and the “kooks supporting it.” The con­troversy did two things: it established an unsafe and threatening atmosphere around the proposition, and it enabled the NO campaign to form a strong base of political opinion leaders.

The controversy also aided the NO campaign for another reason: Peo­ple’s Lobby responded to it. They spent a good portion of the campaign an­swering the charges of the opposition instead of getting their message about the initiative to the voter. They distributed copies of Whitaker and Baxter’s “secret plan to defeat the Clean Environment Act” to the voters; they tried to campaign on the fact that the opposition was having them followed by a detective agency. In short, they told voters to vote for Proposition 9 because “the bad guys” were on the other side.

Clem Whitaker, who ran the NO campaign on the Clean Environment Act, understood how the controversy helped defeat the initiative:

“People’s Lobby’s] campaign was very simplistic and often bordered on being hysterical. At one time they reached a point where they wanted to campaign against Standard Oil [of California] and nothing else. Well. the people could not care less about a campaign like that. We ignored that totally.”

A highly emotional, controversial campaign does not work. When John Doe goes to the polls on election day, he remembers only a few things about the issues on the ballot and the campaigns surrounding them: the headlines (but only the most sensational ones — like “People’s Lobby is a Religious Cult” or “People’s Lobby Followed by Standard Oil Mafia” or “Smog Kills Half the Residents of California”); the advertisements about which way to vote on the issue, and perhaps some of the reasoning; and, most importantly, who says to vote yes or no on the issue. Now in 1972, John Doe remembered that the People’s Lobby, who were somewhat eccen­tric and thought that the whole corporate world was out to destroy them, said to vote YES on 9. He also remembered advertisements which said that the lights would go out if the Clean Environment Act passed and that many important and wise political opinion leaders were telling voters to “Vote NO on 9.”

Proposition 9 lost by 2 to 1 for a good reason: People’s Lobby ran a highly emotional campaign based on issues which created controversy. The voter had to choose whether some screaming citizen group called People’s Lobby was right or whether the long trusted opinion leaders knew what they were talking about. A YES vote was a risky thing; a NO vote was safe  — it represented the status quo.

Another problem with initiative campaigns results from a misunder­standing of what needs to be communicated to the voters. Those new at initiative campaigns have a tendency to base their programs on the idealistic principle that voters make informed choices at the polls after studying the details of the proposed law. In reality, the voters who consider the initiative in its finer details are those who put it on the ballot, work in some way for or against its passage, and a limited number of opinion leaders. The greater number of voters – those who actually pass or defeat the proposition – make very limited choices about the law; they look at the ads, decide whom they believe, and vote the way those people advise them to vote. As the ini­tiative process is used more and more, the number of voters who make de­cisions that way decreases, but based on California’s experiences to date, they still comprise a large portion of the voting population and are necess­ary to making the initiative law.

RULE 2. Line up the opinion leaders. They are the people who need to be informed and need to understand the issues and the finer points of the initiative, because voters believe opinion leaders. They are as important to a successful initiative campaign as money.

Clem Whitaker of Whitaker and Baxter put it this way in discussing the 1972 Clean Environment Act:

“You have to go back to the structure of an issue cam­paign and how it comes about. You cannot launch a campaign of this type three weeks before the election with a series of catchy, colorful spots. You couldn’t hope to win. You launch this by doing the massive kind of research and in-depth studies of the issue that it requires to isolate the elements  –  –  good and bad   –  –  within it so that you can discuss them. You take that documentation to people and organizations who will sit and take the time to go through the whole problem and then they will make decisions that this is good or this is bad or you are right or you are wrong on the basis of considerable analysis. Once you have established, and we term this an organizational base, once you have established that, then you can go out and begin to do your job publicly, issue by issue, in publicity, in news conferences, in mailings of materials. By the time you get down to the last two or three weeks, of course you are down to the refined last extract of issues with which you can deal in thirty to sixty seconds. That wouldn’t work without your base. The answer to your question is if you don’t set the base, it won’t work. In my opinion, you could not start a campaign in this country that takes some ridiculous little point and peddle it.”

As to the role of large corporations and money in the 1972 campaign, Whitaker again stressed the need for a strong base of opinion leaders:

“[The corporations] were the financial contributors, not the contributors to the campaign. The campaign could not have been won with them; it had to be won with the other people who were involved. Contributors are not just money.

“People’s Lobby may think that this distinction [between the financial contributors and the contributors to the political support base] is arbitrary.  That depends entirely on what side of the issue you are.  We have dealt with virtually every kind of organized group that exists.  And it is a truism that the other side is evil, it is devious, it is over financed or undersexed, or something, there is something wrong with it and I don’ t care whether this argument is coming from the left or from the right.  It comes into every campaign. The fact is that if you can’t make the bridge that I described earlier where you can go across the political spectrum and get a broad basis of support, you can have all the money in the world to fight a fight and you are not going to win.  You have to have this other input, this other contribution.”

In 1974, Whitaker and Baxter tried to campaign against the Political Reform Act, but were unable to get their program off the ground. Whitaker explains that the reason for this was that People’s Lobby was able to attract some politically respectable support for the proposition; they put together a base of the right opinion leaders before Whitaker and Baxter were able to do so.

According to Whitaker:

“They would have lost on the Political Reform Act if they had an intelligent campaign against it. We tried to put to­gether a campaign and it fell apart. There were three or four other little efforts but they never became full-fledged cam­paigns.

“I think people, good people, who were just as disgus­ted with the whole Watergate mess as the supporters of the Political Reform Initiative, did not want to get involved in opposing an issue where in the public mind they could be ac­cused of defending excesses — and they walked away from it. That was a mistake in my opinion, but that is the reason they weren’t there.”

In 1972, People’s Lobby had also lined up opinion leaders, but they were not the right people to swing the vote; they were people who influen­ced an already existing affirmative vote. In 1974, the political leaders sup­porting Proposition 9 were individuals and organizations who represented a broad base of the political spectrum. That’s what made the difference in the two campaigns. Because of the broad base of political support for Propo­sition 9 in 1974, Whitaker and Baxter were unable to organize a campaign or get financial contributions — the status quo was represented by the YES side.

After the political support base has been firmly established and the opinion leaders understand the initiative and what it will do, the message must be communicated to the rest of the voters.

( P12 in Western Bloc pamphlet)

RULE 3. Successful campaign strategy must be based on one premise:

Vote YES on Proposition X. That is what you want the voters, to do and what must be clearly visible. If it is communicated to the public by indivi­duals and organizations who are trusted by a broad base of voters, the pub­lic will generally have confidence in the merits of the ballot proposition and have a reason to vote for it.

 This kind of campaign is not devious or misleading. The voters must still be told why a YES vote is the right thing. But the fact of the matter is, if the voters do not know you or have a favorable frame of reference for your message, they will not vote for your proposition. Logic alone will not carry the voting population; there is a more important trust factor which must be considered. Your argument with opinion leaders will rise or fall ba­sed on the factual data and logic which is presented to them, one-on-one. They will then communicate that logic to the voters along with their belief that it is correct. It is the combination of the two — logic and trust — which will convince the public to vote YES. And it is integral to a “people-oriented” campaign — people communicating with people.

Voters are accustomed to electing other people to make decisions for them. They elect one candidate over another because they trust one candi­date more than another. It stands to reason that when voters make decisions on issues  —  initiatives — they are going to be concerned with what decisions their political and opinion leaders make about them. This is not the ideal method of decision-making, and many initiative proponents would rather base their campaigns on what they consider to be the ideal method of decision-making — informed choices based on logic alone. This inevitably results in “making a political statement” which may or may not be clear to the public. “Political statements” are fine, but they have little relevance to passing laws by initiative. If you want to win the campaign, you need a maj­ority YES vote. A majority YES vote is achieved through trusted opinion leaders telling the public to vote YES and why.

In communicating with the general voting populace, it is important to stress issues which are relevant.

RULE 4. Understand the voters’ issues, they may not be the same as Yours.

 Issues which are important considerations of the average voter are not necessarily the same concerns of initiative proponents. If voters are concern­ed about the economics of a situation, telling them to vote yes for safety reasons has little effect.

In analyzing the 1972 Clean Environment Act, Clem Whitaker said that it is not enough to run with today’s emotions, one has to understand and underscore the issue’s major implications, be they political, economical, or philosophical. The act must realistically deal with these issues and the campaign must bring them out in a manner that people can relate with them. Often that means condensing major issues and messages about them into short accurate commercial spots.

Find out what concerns voters through polls and voter profiles taken early —before the campaign advertising starts — and keep on top of the voter pulse through polls taken during the actual campaign. It is fatal to assume that because you understand the problem and issue addressed by your initiative that you also understand what concerns voters about the initiative.

In the 1972 campaign, many of the issues stressed by People’s Lobby had little relevance to the public’s concerns. For example, People’s Lobby spent a good deal of time discussing the NO campaign: Standard Oil of California and the big money being spent to defeat the Clean Environment Act. Even though People’s Lobby made these points issues in the campaign, they were not the issues about the Clean Environment Act which were of concern to voters. Consequently, the YES on 9 campaign did not affect the public’s vote on the proposition.

In analyzing the money issue of the 1972 campaign, Ed Koupal saw it differently than he did at the time he was trying to tell the public that the NO side was spending big money:

“We bought our ads wrong. We didn’t have the money to have Mervin Field run a poll to see what we were doing.  We couldn’t make any test runs in the media to see how our message applied to the political public at that moment. We did the best we could. We operated on a day to day basis.”

Another common problem area in initiative campaigns is the propen­sity of initiative proponents to want to debate the issues in public forums.

RULE 5. Do not debate. Debates feed controversy, waste valuable time and energy, and do not educate the public.

 Ed Koupal described his perception of the debates of the 1972 cam­paign this way:

“It was an ego trip for me. I would walk out of a debate knowing that I had clobbered the opposition. It wasn’t until much later that I realized that people left the auditorium that night agreeing with me, and then when they got up the next morning they would say, ‘but Koupal is just a used-car sales­man and after all — that other guy is a physicist,’ and I end­ed up losing anyway.”

Debates force arguments and those making them into polarized zones; the net intellectual result of these encounters is usually negligible, and since they feed controversy, no matter who wins the argument intellectually, the YES side of a campaign will lose votes.

Debates were well described by Oliver Wendell Holmes in his Autocrat of the Breakfast Table, where he discusses the “hydrostatic paradox of con­troversy”:

“Don’t you know what that means? Well, I will tell you. You know that, if you had a bent tube, one arm of which was the size of a pipe stem, and the other big enough to hold the ocean, water would stand at the same height in one as in the other. Controversy equalizes fools and wise men in the same way  — and the fools know it.”

Because the broadcast media are governed by a Fairness Doctrine which requires them to provide equal time to both sides of a political cam­paign, and because many programmers believe that debates make more ex­citing programs, there are often ample opportunities to debate ballot pro­positions. There are several alternative ways to use this media time to edu­cate the public about the initiative without resorting to a debate or argu­ment. First of all, the campaign manager can insist that any program is struc­tured so that each side is given the opportunity to present views individually and apart from one another. Secondly, do not argue with the other side; the program may present both sides of the issue, but should not result in direct confrontation. Thirdly, put your best opinion leader forward — the pub­lic must trust and believe in the individual presenting your arguments if they are to affect the outcome of the election. Finally, wait until the appropriate time to use the offer of media access; and if the media time is going to result in controversy, pass it up. Because of the Fairness Doctrine, the other side will not be able to use the media time offered without your participation.

Remember, it is to the advantage of the NO campaign to encourage debates because they create controversy. Debates are a disadvantage to the YES campaign for the same reason.

One of the greatest strengths of citizen initiated grassroots campaigns is that people at the local level make their own decisions about the initiative and write, qualify and pass it into law through their own campaign. This circumstance is also one of the greatest weaknesses of citizen campaigns be­cause it can result in disorganization. The same people-to-people communi­cation and decision-making which are so important to qualifying a ballot proposition can cause it to be defeated at the polls.

RULE 6. Centralize campaign decision – making. The campaign for Proposition X should be controlled by the campaign director or campaign con­sultant team.

 In any effective organization, there are decisions which should be made by the majority and decisions which should be made by technicians who have special expertise. In initiative campaigns, most decisions which should be made by the majority are made before the proposition is ever

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presented to the voters. Those decisions include what the initiative should say and how it should be drafted. After the initiative has qualified, those responsible for putting the proposition on the ballot should decide who will manage the campaign. But when a campaign director has been hired, deci­sions about the conduct of the campaign are rightfully that person’s, and the people participating in the campaign should take direction from the cam­paign director or campaign consultant team.

If there are individuals or organizations who support your position on the initiative but who will not follow the lead of the campaign director, either hire someone from whom they will take direction or allow them to run their own campaign — but make sure that it is compatible with yours. Dissension and disorganization among groups is the fastest way to lose the election; it is destructive, debilitating and results in ego problems and errors.

There is a lesson to be learned from NO campaigns: they are usually composed of strange bed-fellows  — industry works alongside labor, Re­publicans alongside Democrats, political candidates alongside their oppon­ents. The reason for this is that the most important goal of the campaign is to win, and the various parties agree on that goal. They do what is best for the campaign and the desired result, because they all have much more to lose than control of the campaign itself. When citizen groups understand this concept, wiser decisions are made about campaign strategy.

One of the most difficult parts of any citizen campaign is fundraising. Citizen groups, who have managed to qualify an initiative at almost no cost using people-to-people communication techniques, are faced with an im­mediate need for a sum of money large enough to purchase methods of mass communication.

RULE 7. You can’t run a campaign without substantial money unless spending is limited by law. If you do not have enough money to buy the nec­essary media at the right time to communicate your message to the voters, do not buy any media — it is only money wasted.

The campaign director should be able to determine, with the assis­tance of pollsters and other media experts, how much money is necessary to get the YES on Proposition X message out to the public. (If opinion leaders are covered by the news media, the amount of money needed will be less than if the YES position gets little coverage.) If you don’t have the mini­mum amount of money required, spending what you have available for media will make no difference in the vote. This is perhaps the hardest fact to accept.

In 1972, People’s Lobby collected what it considered to be enough money to get the YES on 9 message to the voters. But they did not have it in enough time to present the message at the right time. Because of other problems with the YES on 9 campaign, it is not possible to determine exac­tly what effect the proponents’ advertising could have had if it had been done correctly. But it is safe to assume that it had almost no effect since the campaign lost 2 to 1, and at the outset 95% of the people said they would vote for a measure which would control pollution. Even assuming that the NO on 9 campaign was very well executed, that is a large percentage to lose if your advertising has any effect.

According to Ed Koupal, the YES on 9 campaign lost in 1972 because of lack of understanding of the political process, how to run an advertising campaign, and primarily because of money:

“Money buys elections, money buys advertising agen­cies, and money buys prolonged slick sloganeering. We just didn’t have the money. A preponderance of money [on one side] buys the other people out of the area of freedom of speech.”

In 1974, People’s Lobby ran a successful campaign which made the Political Reform Act law. There are two reasons why virtually the same amount of media money spent in the 1972 campaign was effective in 1974: the YES campaign was run successfully in a political sense — the issues were right, the ads were right, and there was a broad base of political sup­port; and the base of support prevented the NO campaign from getting off the ground. Without the right opinion leaders, Whitaker and Baxter could not raise enough money to defeat the initiative. Since they didn’t have enough money, they didn’t spend any and they didn’t run a campaign. Af­ter the 1974 campaign Whitaker explained:

“We tried to put a campaign together and it fell apart. There were three or four little efforts but they never became full-fledged campaigns.”

Seventy percent of the money raised for the campaign should be spent on media — mass communications media, not door-to-door leafleting. (Most door-to-door leafleting can be done by piggybacking initiative literature with candidate literature. This has a compounded effect since poli­tical candidates are often opinion leaders.) Campaign overhead can be very low — you don’t need a big office, massive phone banks and a large staff because they have virtually no effect on the outcome of the election. Fur­thermore, one-to-one voter communication should cost virtually nothing in a YES on Proposition X campaign since many of the people who petition­ed to put the measure on the ballot will work in the campaign.

Even if your campaign is run correctly, there are other factors which will influence the vote on an initiative proposition which are out of your control. The political climate itself is a good example: Watergate certainly helped the YES vote on the Political Reform Act in 1974. But the Watergate scandal would have had little effect on the election if the YES on 9 cam­paign had been poorly presented. Similarly, if you have the wrong issue at the wrong time, a well-organized campaign will most likely not result in vic­tory at the polls. But if proponents do the best job possible in presenting their case, the margin of defeat will be narrowed and a greater portion of the public will be educated on the issue so that when the political climate is conducive, the initiative can be qualified and passed more easily.

Based on their experiences, People’s Lobby compiled this checklist for initiative campaigns:

  1. A well-drafted document is hard to fight. Draw in peo­ple who know the field. Seek advice from expert attorneys.
  2. Timing — in spending money and presenting informa­tion — is important from both practical and political stand­points.
  3. Establish a base of opinion leaders which cuts across a broad political spectrum. Secure a broad base of support at the beginning. Get all endorsements in writing.
  1. Carefully evaluate potential opposition.
  2. Dry up the money sources of the opposition. This does not mean that you will get money they would have had, but it does mean that they will not get a large campaign off the ground.
  3. Keep the opposition off balance.
  4. Keep controversy at a minimum — never debate.
  5. If a legal dispute arises, settle in court, not in the press.
  6. Set up your own opinion polls. They clearly define the strong and weak areas in your campaign.
  7. Distribute literature wisely. Look for opportunities to piggyback your material with candidates and get on state mail­ers. (This method was used to send over 5 million pieces of YES on 9 literature.)

The public opinion poll on the following pages presents a detailed an­alysis of the effect of the 1972 YES on 9 campaign. To understand the poll, it is important to remember the major points and emphases of the YES and NO campaigns:

YES on 9

 “The People vs. Big Money” — Advertisements urged

a YES vote because large corporations were trying to de­feat the initiative.

  1. “Save Your Children — This May Be Your Last Cha­nce”———Advertisements urged a YES vote because pollution and nuclear power were destroying the envir­onment for future generations and would rob their health and safety.
  2. “We Need to Stop Pollution” Advertisements urged a YES vote because we need to clean up the environ­ment.

 NO on 9

 “The Initiative is Poorly Written and Doesn’t Do The

Job”  Advertisements urged a NO vote on the Clean Environment Act because it was a poorly drafted law which would do more harm than good.

  1. “Proposition 9 Will Cut Off Your Electricity” Ad­vertisements urged a NO vote on 9 because it would re­sult in power failures and blackouts due to its nuclear moratorium provision.
  2. “Proposition 9 Will Hurt JobsAdvertisements ur­ged a NO vote on 9 because it would increase unem­ployment.

The conclusions drawn at the beginning of the YES on 9 campaign were reasonably accurate — more so than those used in the YES campaign. At the beginning of the campaign, polls indicated that 95% of the people would vote for an initiative which would do something about the pollution problem. Unfortunately, this was not the emphasis of the YES campaign.

Californians wanted to do something about pollution but in 1972 they were frightened into voting NO on 9 by a clever NO campaign and a YES campaign which addressed the wrong issues. The primary fears voters expressed in the following post election poll were:

  1. The initiative would not work.
  2. The initiative was illegal — it violated the Constitution or due process.
  3. The initiative would cause power failures.
  4. The initiative would cause economic problems, job loss or excessive cost.

 In short, voters indicated that they believed the NO on 9 campaign.

(Page 21 in Western Bloc pamphlet ends here)

 PROPOSITION 9- THE CLEAN ENVIRONMENT ACT OF 1972

PUBLIC OPINION POLL

 INTRODUCTION

 The following information is taken from a public opinion poll which was conducted during the month of June 1972, approximately two weeks after the primary. The sample was drawn on an area probability basis, and was done by personal interview. Within the limits noted in the explanation of this poll, it is reasonably indica­tive of the feelings of the voting public at that time. There were a total of 374 useable questionnaires, and they form the basis for the following report.

SUMMARY

 Proposition 9, The Clean Environment Act failed primarily because the opposition succeeded in convinc­ing a majority of the people that Proposition 9 was poorly done, badly worded and would not be effective in cleaning up the environment. Even 74% of those who voted for it, thought it was a poorly written proposal or were not sure if it was good or not. A second reason which justified a NO vote for many people was the nuclear power section. This was especially true in Southern California where the advertising of Southern California Edison apparently persuaded people that nuclear power is clean, safe and needed if we are to avoid power blackouts.

On the positive side, 75% of the people in our poll believe cleaning up the environment is Very Important to the state of California. Of those who voted YES on 9, 90% believe cleaning up the environment is very im­portant. A second favorable factor is that 86% of the people who voted NO on 9 said that if they were given the opportunity again, they would vote for an environ­ment initiative if they thought it would be effective.

Conclusion: The people want action on the environ­ment, but they do not know exactly what should be done. If they are persuaded that a proposal will help, they are ready to vote for it.

Caveat: When people are asked why they did some­thing, most of them will come up with a reason, whether or not it bears any relation to the “real” reasons which they may not even be aware of. Therefore the following analysis can only be used as a guide for judgment, not as absolute fact.

REASONS PEOPLE VOTED YES ON

PROPOSITION 9 —- SPONTAN EOUS

 Respondents were asked how they voted on Propo­sition 9, followed by the question, “Was there any parti­cular reason you felt that way?”

73%   A feeling that we must do something — to clean up the air, the    environment, the water.

19%  Some expression of dislike for the opposition or their advertising –specifically mentioned were Standard Oil, Pacific Gas & Electric (in Northern California only).

15%  Protest vote — general, directed against busi­ness or legislature.

N = 165    Number of people who voted for Proposition 9. Does not add up to 100% because of mul­tiple responses.

There were a great number of idiosyncratic answers given by only one or two persons and these are not in­cluded in the summary. In addition, some people said they thought the law should have been stricter, more inclusive, covering all areas of pollution. The responses were more generalized than for the NO people —-  more of a cry of anguish that something must be done.

REASONS PEOPLE VOTED YES ON

PROPOSITION 9 — ASSISTED

 The respondent was then handed a list of items which were frequently mentioned as reasons for voting for 9 and asked which of these were important to him or her.

80%          We have to do something to start cleaning up the environment.

42%          I was concerned about the health of my chil­dren.

31%          To scare big business into doing something about the environment.

—-

30% I hated the ads the other side was using.

25% 1 read about it and it seemed like a good idea.

21%          I know someone who has a health problem be­cause of pollution.

16%          Anything Standard Oil and the other big companies are for, I’m against.

13%          When I heard about the dangers of nuclear power, I decided to vote YES.

7%            A friend/relative told me they thought it was a good idea.

N   = 165

These assisted answers are probably not as indicative of people’s thinking as the earlier spontaneous answers, but they do give us some supplemental information since a reminder may help a person remember something he does not think of when first asked about an unexpected subject.

REASONS FOR VOTING NO ON

PROPOSITION 9 — SPONTANEOUS

 “Was there any particular reason you felt that way?”

64%  The way it was written — included too much, poorly written, not good law, confus­ing, applied too quickly, too extreme or radi­cal, won’t work, will make things worse.

28% Nuclear power section/fear of blackouts.

17%  Economic reasons  — fear of losing jobs, hurt the economy of the state, closing factories.

12%  Because of opposition — Sierra Club and other environmental groups, TV and news­paper opposition, “everyone” opposed to it.

10% Diesel fuel, fear of trucks stopping.

N  = 198 Number of persons voting against Prop. 9. In two areas there were significant differences between the NO voters of Northern and Southern Calif­ornia. 71% of the people mentioning nuclear power as a reason for voting against Prop. 9 were in Southern Calif­ornia. 63% of those mentioning the opposition to 9 (as noted above) as an influence on their decision were in Northern California.

REASONS FOR VOTING NO ON PROPOSITION 9 — ASSISTED

 45%     Poorly written, not good law.

42%     Nuclear power section.

29%     Banned diesel fuel, the trucks and trains could not run.

28%     Would have made things worse, not better.

26%     Would have put people out of work.

23%     Would have caused power blackouts.

20%     Would not have cleaned up the environment.

19%     It was too long, too complicated.

18%     Too inflexible, could not be changed.

15%     Banned pesticides.

10%     The Sierra Club was opposed to it.

9%       Many environmental groups opposed it.

9%       We would have had too many bugs and mos­quitos.

8%       I didn’t understand it.

7%       A friend/relative said to vote NO.

6%       I never heard anything good about it.

3%       The most important politicians opposed it.

N=198

HOW TO IMPROVE THE PROPOSITION

If future proposals —- similar to Proposition 9, are made for cleaning up the environment, what changes would you like to see made?

     Voted              Voted

                                            Total             Yes                  No

Change the wording         49%              57%                 42%

               Don’t know         29                  28                    30

      Take out nuclear

            power section         14                  9                     18

        Concern for due

                      process           9                  8                     10

  Do more about cars           9                  10                      8

           N =                          (363)           (165)                  (198)

Nearly 30% of the respondents had no idea what should be done to improve such a proposition.  Since a [p25 from Western Bloc Booklet] majority of the respondents, whether they voted YES or NO, seemed to feel that there was some flaw in the wording of the law, that was the most frequently sugges­ted change. This was a particular concern of those who voted YES, apparently because they felt that if it could only be done a bit better, it would pass, and this was their primary concern. All the respondents seemed to be a bit naive when it came to the opposition to the Propo­sition. It was, assumed there must be something wrong or people wouldn’t oppose it. The fact that the best bill is likely to be opposed by powerful interests does not seem to enter their thinking at least as revealed in this survey.

Again, those who wanted the nuclear power section taken out were predominately in Southern California, by more than a 2 to 1 margin.

IMPORTANCE OF CLEANING UP THE ENVIRONMENT

                                                   Voted                            Voted

                                  Total          Yes                             No

                                       #      %     #     %                      #          %

Very Important          270     75    148   90                       124      62

Important                     68     19      10     6                       58        29

Moderately Imp.                  16        4     4           2                      12        6

Not Important                4       1        1     *                       3          2

It’s not necessary

 to do anything more              1        *     0                       0          1          *

Noanswer                       2                2     1                       0          0

                    N =        (363)          (165)                            (198)

                    * — less than 1/2        of     1%

The respondent’s perception of the importance of cleaning up the environment seems to be a key factor in determining the vote on Proposition 9. Those who saw the problem as Very Important were far more likely to vote for Proposition 9. For the next proposition, those who voted NO, but see the environment as a Very Important problem will certainly be ready to be persuad­ed to vote YES.

It is also of significance to note that in Southern California which has the majority of voters, 78% of the  (p. 26 Western Bloc Pamphlet) respondents found the problem of cleaning up the en­vironment to be Very Important. This includes 95% of the YES voters and 65% of the NO voters in Southern California. In Northern California, 86% of the YES vot­ers and 58% of the NO voters said they thought the pro­blem was Very Important.

ASKED OF YES VOTERS ONLY

Even though you voted for Proposition 9, do you think it was a well thought out, well written proposal?

Yes                    26%

No                   531

Not certain,        74%

Don’t Know       21 1

ASKED OF NO VOTERS ONLY

If given the opportunity, do you think you would vote for an environment initiative in the future?

       Yes                    20%

Yes, if I thought it would be

Effective           66    86%

Probably not   14

IMAGE OF THE PEOPLE’S LOBBY

 Have you ever heard of the, People’s Lobby?

Voted        Voted

Yes          Total   Yes           No

Yes          52%       57%           47%

No           40          38              43

Not sure     8            5              10

Northern                    Southern

California                   California

Yes                    44%                         58%

       No                     50                            32

Not sure               6                            10

As would be expected, people who voted YES on 9 were more familiar with the People’s Lobby than those who voted NO. Also, it is probably to be expected that the recognition factor is higher in Southern California where the Lobby has its headquarters and where the most active campaigning took place. From this survey there is no way to determine if this is a high or low reco­gnition faction, since it is not compared to any other or­ganizations. However, it does appear to be a rather high figure for an organization which is less than four years old. Recognition, however, does not mean that people are really aware of the People’s Lobby and what it is doing specifically. It merely shows some familiarity with the name —heard the name, something about the environment, something to do with Proposition 9, put Proposition 9 on the ballot.

Among people who voted for Proposition 9, there was a somewhat greater feeling that the People’s Lobby is doing a good job, but even among the NO voters, there were few negative feelings expressed toward the group. There seemed to be some feeling that the Lobby means well, and only eight respondents said they thought the group was doing a poor job or was too radical. Thus, in spite of a large defeat, the People’s Lobby is not viewed in a negative way by practically any of the respondents who answered this questionnaire. If there had been strong negative feelings, they probably would have shown themselves at some point in the questioning, and their absence indicates a clear lack of such feelings.

DEMOGRAPHICS AND VOTING PATTERNS

While the sample is small and cannot be broken down to give very fine distinctions which are reliable, there do appear to be some identifiable characteristics which divide the YES and NO voters.

Age:         Young people, 18 – 24, tended to vote YES by a 2 to 1 margin.

Older people, 66 and over, tended to vote hea­vily against Proposition 9, although the mar­gin shown in the sample, 14 to 1 against, is probably too high. This anomaly is probably due to the small sample.

 Ethnic:     The sample did not include enough Blacks and Chicanos in proportion to their strength in the electorate. Also the Blacks and Chicanos sam­pled tended to be middle and upper middle class based on their income and education. However, within these limitations, both of these groups appear to have voted heavily in favor of Proposition 9, indicating a good pot­ential for the next proposition.

Party Af­filiation:

58% of the Democrats voted YES

20% of the Republicans voted YES

75% of the YES vote was Democratic

16% of the YES vote was Republican

44% of the NO vote was Democratic

50% of the NO vote was Republican

As was fairly obvious, our major strength was in the Democratic party. However, in 1974 there will be primaries for the Govern­orship and U.S. Senator. Both will attract a lot of Republicans, and we will have to work to attract their votes. Also, they did contribute 16% of our votes, and an additional 16% happens to have been the difference between victory and defeat.

Income:   There were no clear—cut patterns related to income, although the proportion of NO vote was largest in the $12,000—$14,999 range. The YES vote exceeded the NO vote in the $5,000—$7,999 range, perhaps because of its small size———a sampling error, or possibly a reflection of the fact that this is a more common salary range for a woman, and wo­men were more likely to vote for 9 than were men. The YES vote also won in the $25,000 and up category.

Education:      In general, those with a lower level of edu­cation, high school graduate or less, tended to vote NO. Those with a higher level of educa­tion, attended college or a college graduate, tended to vote YES. Those with advanced degrees reversed this pattern by showing a slightly larger number voting NO. This too [p29]    may be explained by sample size, or perhaps by the fact that 3/4 of those with graduate degrees who voted NO, mentioned some as­pect of the nuclear power section. Jacques Ellul has said that intellectuals are most sus­ceptible to propaganda because they read widely and feel compelled to have an opinion on every subject. Therefore, if they have not read deeply into the problems of nuclear power, they are more likely to have read the pro—nuclear material and to feel that those who oppose it are ignorant, against progress and alarmists. (This is purely speculation of course, but it might explain this anomaly in the data.)

THE SAMPLE

Total Useable Questionnaires  —- 374

       Yes                 165           44.1%

       No                  198           53.0

       Didn’t vote         5             1.3

       Don’t remember 6            1.6

           TOTALS    374         100.0%

Proposition 9 did better in our survey than in the actual election probably because we sampled in areas where we did somewhat more work, and where in fact, we did do better than in the state as a whole.

Those who did not vote were not analyzed in the re­port because of their small numbers. Their primary rea­sons for not voting appeared to be either confusion or ambivalence. They did not understand it, or they did not want to vote against an environment bill, but still could not accept something in this particular bill.

AGE                                             SEX

18—24    52                  14%        Male    158        43%

25—39  130                  36        Female    226        57

40—65  164                  46

66+   15     4

White     329 90%      Democrat             208           57%

Black       12              3.3      Republican               128      35

Chicano   13                3.6     Peace and Freedom      6        1.9

Oriental     5              1.4       Amer. Ind.                  4        1.1

Other         2                .6     Raza Unida                 2           .3

Decline to State          18        5.7

Income

Under $5,000                         29        8%

$5,000—$7,999          29        8

$8,000—11,999          75        20

$12,000 — 14,999        82        23

$15,000—24,999          68        19

$25,000andup                37        10

No Answer                         43        12

Education

Grade School                       14        4%

High School                       25        7

High School Graduate                       78        22

Attended College                       123      34

College Graduate                       81        22

Graduate Degree              39     11

Percentages are based on those who answered each question. Since the questions were not answered by every respondent, the N’s vary slightly.

The sample appears to be a reasonable reflection of the voting population of California, even though it does not mirror the actual population perfectly.

It is undersampled in young people, 18 – 24, and older people, over 65. It is oversampled in the 40 – 65 age category.

There are too many women compared to men in the sample.

There are not enough Blacks or Chicanos in the study to give a reliable picture of their voting behavior or their reasons for that behavior.

The party divisions seem to be reasonably good, following the registration patterns of the state.

 There are too many higher income people and not enough lower income people, but since this follows vot­ing patterns it may not be such a serious problem. The older voters do go to the polls more than young voters, and perhaps their absence from this sample, in part, accounts for the higher percentage of YES votes in the sample.

There are more highly educated people — college degrees and graduate degrees — than are found in the general population.    [p.32 from Western Bloc Pamphlet

—————————————————-

 ANALYSIS OF YES ON 15

Let’s Run the 1972 Campaign One More Time

Our preliminary analysis shows that there is very little difference be­tween the YES on 9 campaign in 1972 and the YES on 15 campaign in 1976. (Further analysis may point out additional reasons for the loss.) Both campaigns included volatile and important issues; both were supported by thousands of volunteers; both raised almost the same amount of money when you take into account inflation and look at the actual media money spent; both lost 2 to 1 at the polls; and both were the same kind of cam­paign. The mistakes of the two campaigns can be summed up as follows:

  1. A broad support base of political opinion leaders was not established early in the campaigns. This does not mean that there were not a lot of endorsements, because both cam­paigns lined up endorsements. But the people supporting the propositions influenced a small portion of the voting popula­tion, and those who cut across the political spectrum were not used effectively or often enough.

For example, in 1976 the National Health Federa­tion  — a conservative organization which has substantial in­fluence with groups like the John Birch Society –was not used effectively to communicate with those voters. Ralph Nader, who in an April opinion poll showed a 96% recogni­tion factor among California voters and a 76% credibility level on the nuclear issue, was not visible until the very end of the campaign. Even if Nader himself was not in California, ads telling voters that he urged a YES vote on Proposition 15 [p33 Western Bloc pamphlet] should have saturated the media.

  1. Because the support base of opinion leaders was limited, the NO campaign was able to get off to an effective start — both financially and in terms of political support.
  2. The political leaders were not well—educated on the is­sue. Informative material that is well documented is important in educating opinion leaders. This was not done well in either campaign and it is a critical point.
  3. There were some serious misjudgments in timing. In 1972, Whitaker and Baxter’s “Secret Plan to Defeat the Clean Environment Act” received substantial news coverage, but it

was released too early in the campaign to make a significant difference in the vote tally. It only served to feed the contro­versy.

Similarly, in 1976, the resignation of three General Electric engineers for safety reasons could have been a tremen­dous influence in garnering votes for YES on 15 — but it was orchestrated too early in the campaign, resulted in contro­versy, and there was no news story of major impact in reserve. The resignations of the GE engineers occurred at the same time Bob Pollard left the NRC. Pollard’s resignation provided sufficient impact for that period in the campaign, and the en­gineers were needed later.

In both campaigns, the timing on the advertisements was off. In 1976, 54% of the voters made up their minds on Proposition 15 by March. At that time, it would have been a safe assumption that the “undecideds” would soon follow, particularly since the NO campaign was laying careful ground­work. Instead of running a few small ads at that time for YES on 15 when the voters could be influenced, the money was spent on full-page ads at the end. The same kind of mistakes was made in 1972.

  1. Controversy was high in both campaigns, and initiative proponents encouraged it through a series of seemingly endless debates. In 1972, Ed Koupal and his cadre of environmental­ists and students debated physicists; in 1976, David Pesenan did the same thing. It was profitable in neither campaign.
  2. In 1972 and 1976 the issues which concerned voters were ignored by initiative proponents. People’s Lobby and the Committee for Nuclear Safeguards based their campaigns pri­marily on “Big Money vs. the People” and “Save Your Chil­dren— This May Be Your Last Chance” kind of advertise­ments. The emotionalism of the campaigns increased the con­troversy and did not speak to voters’ concerns: jobs, econo­mics and safety.
  3. Both campaigns suffered from internal dissension and decentralized decision-making. In 1972 there were differences and arguments between People’s Lobby and environmentalists supporting Proposition 9. In the early part of the 1976 cam­paign, there were severe disagreements between Project Survi­val and People For Proof followed by in — fighting between Project Survival and the Committee for Nuclear Safeguards and Project Survival, CNS and People’s Lobby. At one point, nuclear industry trade publications carried stories about the YES on 15 campaign complete with quotes from initiative proponents explaining that CNS did not want Nader to cam­paign in California because if Proposition 15 passed he would get the credit. This dissension and the resulting decision mak­ing process kept the YES on 15 campaign off balance a good portion of the time. in order to win a campaign you have to keep your eyes on the target— not on one another.

In 1974 the proponents of Proposition 9 had many political differences. A number of committees conducted sep­arate campaigns. But the campaigns were compatible, and the groups were able to set aside their differences to the de­gree necessary to cooperate in winning the election.

Further analysis of the YES on 15 campaign will indicate in greater detail what was effective in campaign advertising and what was not. Polls to be run in California are in preparation, and they will be conducted and made available to other Western Bloc states to help determine strategies for those campaigns.  .    [p.35 from Western Bloc Pamphlet]

The Western Bloc Campaign

The states which will consider in November propositions similar to California’s Nuclear Safeguards Initiative are Colorado, Oregon, Washington, Montana and North Dakota. Campaigns in these states must be designed to individually suit each one. Although the general campaign rules discussed in this paper are applicable, the details of the campaign will vary with the voters’ beliefs and the political climate.

The Western Bloc organizers are now dividing their time among states finishing signature gathering. The Western Bloc will meet with citizen groups who want assistance in planning campaign strategies. At this point it has been determined that the campaigns need to be conducted on two levels:

an institutional campaign to overcome or at least erode the institutional advertising the nuclear industry has done since 1957, and a grass roots people—to—people campaign. The two must be compatible and well coor­dinated.

The Western Bloc scenario for the coming campaign months follows. In general, the schedule should be:

June

July

August

September.

October

polls educate opinion leaders and press educate opinion leaders and press; seek endorsements

educate opinion leaders and press; seek en­dorsements———especially from City Coun­cils and other public bodies

start media campaign

[p36 western Bloc p36]

start media campaign

October 1 . . . Nader (if he agrees) tours states and tapes radio and TV shows; other opinion leaders ranking high in the June polls should do this as well

October 15 . . . begin running ads

October 24 . . . Nader (if he agrees) should return for last week of TV and radio shows

In addition, the people—to—people campaign of distributing leaflets Ld precincting must be coordinated and put into action in October.

A more detailed discussion of the coming months includes:

IMMEDIATELY———Public Opinion Polls must be done profession­ally in Western Bloc states voting in November. We must determine:

  1. Who people know and trust.
  2. How they feel now about the issue of nuclear power.
  3. How they respond to various arguments we might pre­sent.
  4. How they respond to the arguments used by the oppo­sition. (It is safe to assume the arguments and campaign will be virtually identical to the California campaign. Why tamper with success?) In the states threatened with strip mining, this will surely be used as a key point.

Educating the press and other opinion leaders.

 We must have an outstanding press package with all the data easily available and indexed for easy reference. This should be a standard package used in all states.

  1. Time must be spent——face-to-face time———with in­dividual members of the press. Someone who knows which papers, newspaper chains, TV stations and radio stations must be consulted to make sure we talk to key reporters, editors, and publishers.

The press in California was extremely ignorant of certain key facts and thus reported from the bias  [p38 western Bloc] position of the other side, even when they did not know they were doing so.

  1. The following groups of opinion leaders must be educa­ted:

Elected officials and their staff people.

Leaders of various interest groups———also the peo­ple who head up the committees which are studying this issue.

Environmentalists———it is critical that these people not be divided by the opposition.

League of Women Voters.

Unions———as many local leaders as we can reach.

Home Owner Groups——officers.

Professors———especially professors of economics. The Lanoue Report is especially important. Hunt for professor’s who agree with us and encourage them to write to local papers and to speak out.

Others———groups in particular states which are in­fluential. These will have to be scouted by locals who know the territory.

  1. A thousand copies of We Almost Lost Detroit should be distributed to key opinion leaders in the press, elected officials, labor unions, environmental groups and other local opinion leaders.

Planning:

  1. There will be no way to avoid a few public “debates” in the media, but these should be handled by the people our polls determine have the most credibility on the subject of nuclear power.

Ralph Nader will probably be one of the highest lev­el people in terms of recognition and trust. If we start now, and he agrees to it, we may be able to tell the TV and radio stations that he is our key spokesperson and that he will be available to tape debates during (give specific dates about four weeks prior to the election).

  1. News similar to the resignations of the GE engineers( p38 from Western Bloc pamphlet) should be released two weeks before the election — no sooner/no later.
  2. Advertising — Some of the unused California ads should be pre—tested when we do our poll. If not, Ralph Nader’s name in large print should be on every ad with his picture looking right at the reader. We should also list Nobel Laureates who favor our position and mention 2300 scientists and engineers who also support our position.

Ralph Nader and the scientists should be the only speakers in our commercials unless we discover someone who carries even greater credibility from our polls. (For example, if the strip-mining thing becomes too great, Robert Redford might be very effective because he got a lot of publicity in the defeat of Kaiparowitz in Utah.)

Issues To Stress In Talking With Opinion Leaders:

  1. This is not a nuclear shutdown. The opposition convin­ced almost everyone it was a shutdown issue, and we must hit over and over again that this is a safety issue.
  2. Offer specific numbers, names and titles to show a sub­stantial number of engineers and scientists are on our side.
  3. The Rasmussen Report; there is no statistical basis for this report.

Sabotage was not considered.

Psychotic behavior and human error on the part of the operators received no attention.

Breeder reactors — the most deadly of all —  were ignored.

Dangers of fuel transportation, storage and burial of radioactive wastes were skipped over.

Used analytical methods that had been completely discarded by the aerospace industry as unreliable.

Assumed complete evacuation in the area of the damaged plants, yet this cannot be done. For example, how would you evacuate the 16 million people in the  [p39 Western Bloc] 40 miles around the Indian Point reactors near New York City?

  1. The industry claims “the nuclear issue is a technical one — too difficult for the average voter to under­stand; and technical decisions should be left to the tech­nically qualified.”

The issue is not technical. The issue is one of value for the whole society. The scientists disagree on this issue because their values are different.

The issues are . . . What are acceptable risks to our­selves and to all future generations?

How safe is safe enough? –

Should we be diverting the billions of taxpayer dollars we are spending on nuclear power into safe and un­limited energy conservation, solar power, wind power, geothermal power?

  1. The industry claims “nuclear power makes us indepen­dent of foreign oil. Demonstrate this is false with facts.”

Oil, coal and uranium are all owned by the same oli­gopoly of giant corporations.

The known reserves of uranium are in (name coun­tries).

The known reserves of uranium can only last us (   ) years.

  1. The industry claims “no member of the public has ever been killed in a commercial nuclear power plant acci­dent in the United States.”

Low-level radiation can cause cancer in some people. Exposure to low-level radiation is increasing by some unknown degree due to the operation of nuclear power plants; low leakage from the plants themselves; leaks in transporting fuel and wastes; leakage from storage facilities. (Give numbers of gallons from Hanford. Men­tion drums which are leaking in ocean.)

The American Institute of Radiologists is very much concerned over the level of cancer among their members who have been exposed to low levels of radiation over a lifetime.  Cancer is increasing at a dramatic rate in this coun­try. The amount due to radiation is unknown.

People have been killed who were working on ex­perimental reactors.

There have been major releases of radiation from reactors in Chalk River in Canada and Whithaven in England.

(Number) uranium miners have died of lung cancer due to their exposure to radioactive particles. (Number) more are high-level risks to get cancer at some time dur­ing their lives.

Hanford, Washington is the main storage place for nuclear waste storage. The leukemia rate in Hanford is  (  )This compares to a rate of (   ) for the United States as a whole.

Radiation accumulates and acts over a lifetime. Ex­posure today can lead to cancer 30 years from now. We will not have substantial data on how many people die as a result of nuclear power plants for many years.

(These arguments can also be used to answer the statement which will undoubtedly be made in Denver and other high altitude places that the public receives more radiation from the sun at that altitude than they would receive from a nuclear power plant at sea level.)

  1. The industry claims “there is an energy crisis. We need nuclear power.”

Conservation arguments are widely disbelieved by the public. They don’t want to conserve if it means dis­comfort (turn down your thermostats, drive slower, etc.). We can point out the following:

  1. Europe enjoys a standard of living comparable to ours yet uses only half as much energy.
  2. 20% of energy is used in individual homes; 30% commercial; 50% manufacturing (individual state numbers can be obtained from the PUC).

Point out recycling aluminum uses 25% the energy that producing aluminum from bauxite ore takes. [p41 Western Bloc pamphlet] Get number of recycled steel vs. steel from ore. 70% of the electricity produced by Columbia Riv­er dam is used to make electricity.

In Los Angeles in 1974 there were mandatory res­trictions on energy use. Without noticeable discom­fort or changes in lifestyle, overall energy consump­tion was reduced 17% immediately.

  1. We can heat and cool our homes with solar power now. A school in the North of England has been heated with solar energy for more than 30 years.
  2. The real problem of an energy crisis will be during the next ten years. No nuclear power plant can be built during that time. If they are built, they will take away more energy during the crisis period than they will be able to produce over the following thir­ty years. They will increase not decrease the energy crisis.

 The industry will argue that “you will have strip mining here if we don’t build nuclear power plants.”

  1. We may have strip mining no matter what we do. Argument “d” points out that strip mining will be more likely to occur if we waste energy building nuclear power plants.

The only real way to prevent strip mining is thr­ough stringent conservation efforts, particularly in manufacturing and commercial use. Do billboards really have to be lighted all night?

  1. The industry claims that “if this measure passes, thou­sands of jobs will be lost. The capital expense on nuclear power plants will create jobs.”

The jobs created by nuclear power plant construc­tion will be temporary — existing only during the rela­tively short construction phase.

More jobs can be gained by strong conservation mea­sures such as manufacturing and installing insulation, [p 42Western Bloc] building solar heaters and coolers, etc.

Los Angeles reduced energy consumption 17% and not one job was lost as a result.

  1. The industry will stress the failure in California.

Be honest. The YES campaign was poorly done. Mention the amount of money spent by the opposition, but don’t use that as the reason for the loss. There was enough money if it had been used effectively. We knew to use Nader and we did not do it. We knew to use Mar­garet Mead and did not do it. We knew the GE engineers should have resigned at the end of May, but it was done in March. [P. 43 Western Bloc pamphlet]

New York Times — May 23, 1976

THE VOTE ON NUCLEAR POWER

By Reginald Stuart

 When Carl Horn Jr., chairman of the Duke Power Company in North Carolina, was asked recently by sever­al business associates to contribute to “the California campaign,” he promp­tly responded by sending $9,000 of company funds.

On the surface, it might appear strange that a North Carolina utility would be interested in a California issue. But in recent weeks, more than 20 utilities — most of them operat­ing in other states — have sent con­tributions. So have some of the nat­ion’s largest oil, construction and stock brokerage companies.

Collectively, they have amassed nearly $2 million in cash for “the Cal­ifornia campaign” to save nuclear pow­er as an energy source that business and Federal government contend is es­sential to the national economic health but which some citizens in California say is so unsafe that it’s not worth the risk.

California citizens opposing nuc­lear power have placed on the June 8 California primary ballot a referendum question as prominently displayed as the names Ford, Reagan, Carter, Brown, Udall or Jackson. It’s Proposi­tion 15 and it has upset the energy industry considerably.

Formally known as the Nuclear Safeguard Initiative, Proposition 15 is the nation’s first referendum on nu­clear power.

it asks California voters, in effect, to vote “yes” or “no” on the use of

nuclear power to produce electricity m that state. If the referendum wins approval and survives the certain court challenges that would follow, it would virtually outlaw nuclear plants in that state.

The California measure, if adopt­ed, would ban the construction of new nuclear plants — two are on or­der there — unless strict safety stand­ards can be met, and the unit is ap­proved as being in compliance by a two –thirds majority of the state legislature.

Existing plants — there are three in operation and four under construc­tion —would be phased out unless brought into compliance with the strict new rules.

Insurance liability limits, present­ly set by the Federal government at

$560 million for any given accident would also have to be removed and un­limited levels of insurance provided.

The voting in California is of nat­ional significance, not just because it might throw some light on how rank and file voters view this controversial subject, but also because it is the first of many similar referendums in the making all over the nation.

When voters in Colorado (one plant in operation) and Oregon (one in operation, two on order) go to the polls in November, they will also be asked to accept or reject nuclear pow­er. And efforts are afoot in nearly 20 other states to put nuclear power referendums on ballots during the next two years.

“If this California referendum pas­ses, it could cause a prairie fire that could spread all over the country,” said Mr. Horn of Duke Power, one of many utilities that have invested bil­lions of dollars in nuclear power faci­lities.

Like most energy industry, and many other executives, Mr. Horn is quite edgy about the whole idea of putting to public vote a subject that is highly technical and easily turned into a scare issue because of its associa­tions with wartime applications.

To “educate” the public about nuclear power and the need for it as an energy must for the rest of the cen­tury, Mr. Horn has written the nearly 15,000 Duke Power shareholders in California explaining his case and ask­ing them to vote against Proposition 15. Managements at other companies have done the same, and in some cases more.

The General Electric Company and the Westinghouse Electric Corpor­ation, the two power plant manufac­turing giants, have each sent $50,000 cash to the NO on Fifteen Committee, the group spearheading the pro-nuclear, anti-referendum campaign.

In addition, they have spent a combined $200,000 on salaries of per­sonnel who have been freed to work exclusively on garnering “no” votes and for research and publications.

Among other big contributors have been the Exxon Nuclear Com­pany, a subsidiary of the Exxon Cor­poration which put up $25,000; the Atlantic Richfield Company, $25,000, and the Pacific Gas and Electric Com­pany, one of the principal utilities in California, $300,000 in cash, person­nel hours and literature.

The bipartisan effort, which ap­pears to command more love and loy­alty than any party could, has also attracted the support of such far-off utilities as Consolidated Edison in New

York ($4,500), the three subsidiaries of Northeast Utilities in Connecti­cut ($9,000>, Public Service Electric and Gas in New Jersey ($13,500), Commonwealth Edison in Illinois ($9, 000), Consumer Power in Michigan ($9,000) and Kansas Gas and Electric ($3,000).

Among companies not directly in­volved in the energy business, four major stock brokerage houses contri­buted $2,500 each and the Bethle­hem Steel Corporation gave the “No” committee $23,000.

Without a win in California, and a big win, the billion-dollar nuclear power business, which has been pla­gued with a maze of problems already, will undoubtedly be in even bigger trouble nationally. Some say the refer­endums could put the industry out of business.

The No on Fifteen Committee is chaired by the former California Gov­ernor Edmund Brown, father of the current Governor and Presidential can­didate. It is setting up speeches to community groups, door-to-door canvassing, television and radio com­mercials featuring noted scientists and political figures, and support from top labor leaders in the state.

The committee is run by Charles Winner, partner in Winner/Wagner & Associates, a California public rela­tions and consulting firm that has handled Democratic campaigns in the state, non-partisan elections and simi­lar ballot voting issues.

Supporters of the proposal have outpaced the industry group in round­ing up grass roots support. Until Jan­uary, in fact, they as a volunteer based group had a considerable advantage over the opposition because of a 1974 state law that limited the amount that could be spent by the collective sup-porters of one side of a referendum is­sue to $1.2 million.

But the predecessor committee of No on Fifteen challenged the ballot measure section of the Political Re­form Act of 1974, and in January of this year the California Supreme Court struck it down.

The money to fight Proposition 15 began to flow. By the end of April, according to reports filed with the Cal­ifornia secretary of state, $1.6 million had been contributed in cash alone.

The organization supporting Pro­position 15, meanwhile, has raised roughly $600,000, largely from bene­fit concerts featuring John Denver, Linda Ronstadt, Jackson Browne and others. The Yes on Fifteen Committee also gathered money through private mailings to people known as oppon­ents of the use of nuclear power under present Federal guidelines.

“What we’re trying to do is arrive at a sensible energy policy, just doing it in a populist way,” said Faith Keat­ing, who is coordinating the efforts of a group called The Western Bloc, which is pushing the referendum movement throughout the West. “If it’s the rate payers who are going to pay for this energy then we should figure out a way to let them make a decision in a direct way about what kind of energy program they want.

“If the energy industry is going to build nuclear plants they ought to be safe and reliable, If not, we should invest in something else, preferably conservation and coal, both of which create jobs, more than nuclear power.”

Opponents of the proposal, such as Shermer L. Sibley, chairman and chief executive officer of Pacific Gas and Electric, obviously view the situa­tion differently.

“The relationship between energy and the economy of this state is the

central issue here,” said Mr. Sibley, who is also chairman of the Edison Electric Institute, the powerful nation­al trade association of investor-owned electric companies. “Energy users here and across the country, I mean em­ployers, are quite concerned about where their energy is going to come from.”

Mr. Sibley said that for the rest of the century the electric power utili­ties have to look to coal and nuc­lear power as their basic energy resources — even with a strong conser­vation effort.

Importing oil is too risky as to source and price, natural gas is in limi­ted supply and too valuable to use as a boiler fuel, and the giant hydroelec­tric projects of other years have essen­tially run out of appropriate sites.

Peculiar to California, he noted, is the fact that there is not a lot of enthusiasm in neighboring coal-rich Rocky Mountain states about the pros­pect of producing power in that region for transmission to California.

As for what voters will actually be facing on June 8, a summary of Proposition 15, prepared by the Calif­ornia State Attorney General’s Office in typical electionese, says the meas­ure:

“After one year, prohibits nuclear power plant construction and prohi­bits operation of existing plants at more than 60 percent of original lic­ensed core power level unless Federal liability limits are remov­ed. After five years, requires derating of existing plants at 10 percent annual­ly unless legislature, by two-thirds vote, has confirmed effectiveness of safety systems and waste disposal methods. Permits small scale medical or experimental nuclear reactors. Ap­propriates $800,000 for expenses for 15—person advisory group and for legislative hearings.”

A recent poll in California showed that voters there are more aware of the issue than they were even three weeks ago, but still, more than 50 per­cent expressed some confusion about it. In fact, both sides of the campaign purposely changed their names to “Yes” and “No” committees to try to alleviate such confusion, but con­cede that it still certainly exists.

As to how the voters would cho­ose, the poll found 41 percent would say no to Proposition 15 and 38 per­cent, yes.

In any case, the spirited campaign­ing will go down to the wire, particu­larly as the annual meeting of the Edi­son Electric Institute will be held in San Francisco June 6 through June 9. The industry group, which usually has as much representation from suppliers such as G.E. and Westinghouse as it does from the utilities, is planning big pro-nuclear programs featuring labor and business leaders just before the crucial vote: Yes or No?

 People’s Lobby press release  June 8, 1976         

                    FOR IMMEDIATE RELEASE

Contact:  Joyce Koupal, 731-8321

STATEMENT BY JOYCE KOUPAL

NATIONAL DIRECTOR

Proposition 15 was won a week ago when the three nuclear safety bills passed the California legislature. No longer will the Atomic industry be able to brush safety problems under the rug.

The beauty of the initiative process is that it holds elected officials accountable. When the process works correctly citizens do not have to spend $1 million dol­lars to provide sixty-second slogans to the public.

People’s Lobby commends the legislature for its res­ponse to the citizen initiated nuclear safety laws, and the thousands of citizens who worked so hard to make California government responsive through the initiative process.

 LOS ANGELES TIMES

— Thursday Morning/June 10, 1976

A LESSON IN DEFEAT

We think that there are two main conclusions to draw from the overwhelm­ing defeat of Proposition 15, the Nuclear Power Plants Initiative.

The first is that voters rejected the measure largely because they saw that it represented an attitude toward nuclear energy that was simply too extreme for a person of good sense or informed judg­ment to accept.

The second is that the vote, no mat­ter how it was advertised, in no way was a fair test of popular sentiment on ques­tions of nuclear safety. The public quite clearly has some deep and honest con­cerns about the potential dangers invol­ved in the large—scale use of nuclear fuels. The rejection of Proposition 15 does not lessen the need for the federal government to move promptly to allevia­te those dangers.

Public concern about nuclear power in California was given concrete expres­sion with the enactment by the Legisla­ture, just a week before the election, of three bills on nuclear safety. To give credit where it is due, those bills would not be law today if Proposition 15 had not been on the ballot. Neither would those measures be law, however, if they did not address nuclear safety issues with a higher degree of responsibility, realism and regard for what is technolo­gically feasible than was contained in Proposition 15.

The nuclear safety legislation ac­knowledges the need for some nuclear power plants in California, which Propo­sition 15 does not do. But the bills serve notice on the federal government that nuclear growth will be limited unless sat­isfactory means are found soon to dis­pose permanently of nuclear wastes and to recycle nuclear fuel effectively. The bills are a goad to take action that has too long been delayed, a signal of intent like­ly to be repeated by legislatures or voters in other states in coming months.

It probably would be a mistake for any state to try to shut the door tight on nuclear energy. It is by no means an ideal fuel, as some of its more enthusiastic advocates claim, but when its costs and benefits are compared with our only other readily available energy source, coal, it comes off acceptably.

It is that comparison, that considera­tion of energy alternatives, the Proposi­tion 15 and its sponsors ignored: If we can’t use nuclear power, then what are we to use, and at what costs to the environ­ment and to health?

The defeat of Proposition 15 assures a continuance and some expansion of nuclear power generation in California. The enactment of the nuclear safety bills sets limits to that expansion, however, unless the U.S. government meets its responsibilities for greater safety in the nuclear fuel cycle.

What it adds up to are sensible and feasible choices by California that other states might look to and that federal officials should certainly heed.

The Plain Dealer – Cleveland, Thursday, June 10, 1976

OHIO NUCLEAR SAFETY FORCES UNDAUNTED

By Donald Sabath

Ohio environmentalists are not giving up the fight -to help control nuclear ener­gy in the state, despite a resounding de­feat of a nuclear power control issue in California Tuesday.

Voters there rejected the nation’s first ballot proposal to restrict the use of nuclear power.

The controversial measure proposed by environmentalists went down by a 2—1 margin. Voters appeared unimpres­sed by dire predictions of potential rad­iation disaster.

The vote in the nation’s most popu­lous state was seen as a bellweather of public opinion for at least 10 other states considering similar proposals. Colorado and Oregon have nuclear safety measures on their November ballots.

“The issues are different in Ohio, and we expect to be on the ballot this fall,” said Robert L. Loitz.

Loitz, spokesman for a group called Ohions for Utility Reform, said he is sure Ohions want control over the safety operations of nuclear plants.

“I am not a nuclear scientist, but I believe the people of Ohio are entitled to a debate and public hearing on any proposals for future development of nuc­lear plants.”

Loitz stressed his group is not urg­ing a moratorium on construction of nuc­lear facilities.

“It would be up to the legislature to determine if the plants are safe and that nuclear wastes can be safely handled and that sufficient insurance existed to com­pensate all victims of a nuclear plant accident,” said Loitz. He said his group has 150,000 signatures on petitions, and he expects to obtain the necessary 308, 000 signatures by Aug. 3.

“It has been a slow pace from the beginning, but it is beginning to build up steam,” he said.

In California, the opposition group, supported largely by major utility com­panies, spent more than $3 million to defeat the initiative. The proponents spent nearly $1 million.

Consumer advocate Ralph Nader, who campaigned for the proposal, blamed the imbalance of funds for its defeat.

Utilities in Ohio have already an­nounced they oppose the issue and com­panion proposals. If they reach the ballot, they say they will wage an all—out cam­paign against them.

In the utility view, the defeat of the California proposition was a triumph of reason and logic over the forces of hysteria.

This comment came from Arthur M. Merims, manager of public informa­tion for the Cleveland Electric Illuminat­ingCo.

“The California election proved that when the public is presented with the facts concerning the safety, reliability and environmental benefits of nuclear power, the public can make a clear and unequivocal choice,” said Merims.

He said the public obviously was impressed by the outstanding 20—year safety record of commercial nuclear power plants.

Loitz is not worried about utilities fighting his group’s proposals. “The con­sumer does not believe anything the utili­ties say anymore,” he said. “Their oppos­ing views will fall on deaf ears.”

Loitz said alternatives to nuclear power include solar and geothermal ener­gy. He said the nation should spend more time and energy in developing them.

Ms. Sue Weaver, of the Cleveland Consumer Action group, said her organi­zation and others will not stop in an ef­fort to control safety aspects of nuclear power plants in Ohio.

“We will not back down now,” she said.

The  Cleveland Press, Thursday, June 10, 1976

CALIFORNIA NUCLEAR DEFEAT IGNORED HERE

 Ohio consumer groups feel the defeat by Californians of a nuclear plant safe­guard issue will have little effect on their drive for a similar vote in the Buckeye State.

California voters yesterday rejected two—to—one the controversial issue de­signed to tighten the safety standards of atomic power plants.

In Ohio, initiative petitions are be­ing circulated to get four utility reform issues on the November ballot—including one calling for nuclear plant safeguards.

“The California defeat won’t have any effect on the Ohio drive. We intend to continue with our drive the way it is,” said Sue Weaver of Cleveland Con­sumer Action.

Robert L. Loitz, of Rootstown near Akron, spokesman for the petitioners, said, “The move in Ohio is not particul­arly a nuclear move because we have four issues on our petition. Three are not nuclear and we feel they are just as im­portant as the nuclear issue.”

Loitz’ group, Ohions for Utility Re­form, also is seeking to get on the ballot issues covering minimum rates that could not be increased because of rising fuel costs, creation of a utility consumer ac­tion group to represent consumers be­fore the Public Utilities Commission of Ohio (PUCO), and a vote to make initia­tive petition drives easier.

Loitz said, “We are not calling for a moratorium on nuclear plants or try­ing to phase them out altogether like they were in California.

Loitz said about 150,000 signatures have been collected so far. By Aug. 2, there must be 308,000 valid signatures.

[1]  A History of California Initiative Process, secretary of state Bill Jones, 1996.  The method of verifying signatures at the county level has changed over time. Whereas each signature used to be checked against the registrant’s voter registration affidavit to prove authenticity, in 1976 the law changed to permit a random sample verification procedure instead. (Authored added:  Prior to these changes many Lobby volunteers spent many nights with County Voter Registration books verifying signatures collected at shopping centers and gathering spots during the day.)

Current law provides that in counties where more than 500 names have been signed on petition sections filed with the county clerk/registrar of voters, the clerk shall use a random sampling technique for verification of signatures. At least 500 or 3% of the signatures, whichever is greater, must be examined. The validity rate is then reported to the Secretary of State, who projects that rate to all signatures filed in the particular county reporting. The projected valid signatures from all 58 counties are then totaled, and if they reach 110% or more of the needed signatures, the initiative is declared qualified. If the total falls between 95 and 110%, each signature must be individually verified; if the total falls below 95%, the initiative is declared insufficient.

This explanation is necessary to help understand why it is difficult, if not impossible, to target which initiatives have historically received the most signatures. Prior to 1976, the total number of signatures collected was not reported to the Secretary of State; only the number of valid signatures was reported. Beginning in 1976, the total raw (unverified) signatures collected were reported, but every signature was not verified. Therefore, only projected valid signatures are calculated. In addition, if an initiative has received more than the necessary 110% projected valid signatures, no further action need be taken by the counties.

Initiative Voting Spreads

From the Los Angeles Times, June 6, 1976

 Initiative Voting Spreads

By Neal Peirce

 Los Angeles. – The initiative form of people’s law writing, praised by some as the purest form of democracy and damned by others as the devil’s handiwork, receives an acid test Tuesday as California voters decide on a controversial nuclear power plant initiative.

The California vote takes on national significance because it is only the tip of the iceberg of a carefully orchestrated movement to place nuclear safeguard initiatives on the ballots of all 21 states where initiatives are authorized.

The movement points up a nationwide effort to expand the initiative to other states, and indeed to amend the Constitution to make initiatives possible on a. national scale. Under initiatives, citizen signatures on petitions can force a. popular vote on a proposed law or constitutional change.

Nuclear safety Initiatives similar to the California measure have already qualified for the ballot in Colorado and Oregon in November. Active campaigns to qualify such measures by fall are also underway in eight other states— Arizona, Michigan, Missouri,. Montana, North Dakota, Ohio, Oklahoma and Washington.

Chief sponsors of the nuclear initiatives—the Ralph Nader organization and the People’s Lobby in California—warn of catastrophic meltdowns of nuclear reactors, spewing radioactive material that contaminates and kills. Govern­ment and the nuclear industry, they allege, have tried to hide the immense risks. The time has come, they argue, for the public to take the issue Into Its own hands.

Nuclear proponents, including government, labor and utilities, say there has been no “major” accident at any atomic power plant, and sophisticated safety systems guard against accidents. Prohibitive safeguard costs required by the California initiative, they say, would even cause shutdowns of existing nuclear power plants vital to the state’s energy supply.

But is the initiative the right way to solve such issues? One public manage­ment expert, William Boyd of the National Municipal League, thinks not: “Is it really wise for the voters to have hideously technical subjects, that have emotional overtones, put before them ?“ The average voter, Boyd adds, gives relatively little thought to the issues involved and listens only to the propaganda.

The very idea of popular initiatives—whether technical or not—has been controversial since the first initiative laws were passed, around the turn of the century. They have always been most popular in the West—Oregon, Washing. ton, arid preeminently California. Hiram Johnson, the illustrious Progressive, campaigned to break the Southern Pacific’s corrupt stranglehold on California government and wrote the Initiative, along with popular referenda on laws and recall of officials, Into the state constitution in 1911.

By 1974, 157 initiatives had been submitted to California voters—44 of them approved. The subject matter has been of infinite variety: prohibition, prize fighting, compulsory vaccination, the “Ham & Eggs” pension plan of the 30s; “right to work” in the ‘50s; fair housing, pay television and anti-obscenity measures in the 1960s.

Ronald Reagan’s cherished plan to restrain all future budget and tax in. creases went down in 1973. But two important initiatives did pass in 1972 and 1974—California’s coastal protection plan and sweeping controls on campaign spending and lobbies.

Critics charge that initiatives undercut representative government by taking lawmaking responsibility out of the hands of legislators elected to do that job. Lawmakers are encouraged to pass the buck on controversial issues. Through emotional and misleading advertising, well-heeled special interest groups can hoodwink a naive electorate. Initiatives leave no room for the give and take of legislative debate, for compromise that can result in more work­able laws.

Advocates of the initiative turn all the same arguments around. The people must have a check on lobby-dominated legislatures, they say, a “safety valve” when legislators ignore the public will. The mere threat of an initiative often makes a legislature more responsive and accountable. Citizens can write laws directly, free of the threat of crippling legislative amendments. initiative campaigns, backers say, air critical issues and arouse voter interest in government.

Pros and cons aside, the initiative process is now getting a major boost on a state and national basis. Ralph Nader’s organization has taken up the cause. In Nader’s words, “The revival of the initiative, referendum and recall In states which provide for them and the passage of similar measures In other states would reduce citizen apathy and quicken Involvement in public policy. It would be the restoration of excessive delegation of power from the people back to the people — American style.”

A second group — self-appointed and astoundingly zealous — is California’s People’s Lobby, which has gone national as the “Western Bloc” to push nuclear safety initiatives. The long-term goal: to win authority for initiatives and recalls in the 29 states that don’t now have them, and to amend the U.S. Constitution to permit nationwide initiatives and recall votes of Presidents and members of Congress.

The California People’s Lobby dates back to the late 1960s, when Ed and Joyce Koupal set up their initiative “petition factory,” headquartered in their Los Angeles home. The first victory came in 1974 when they joined with Com­mon Cause to qualify California’s broad political reform initiative for the ballot—and won.

Ed Koupal died of cancer last March. Joyce Koupal is carrying on time Peoples Lobby/Western Bloc push for a national Initiative. The Nader organi­zation lends more significant muscle. Regardless of who campaigns for the initiative concept, they seem likely to pick up more followers arid more sup­port—simply because of the crescendo of public distrust of government and of elected leaders documented in every national opinion pci1.

Time movement parallels efforts in the Progressive era of the first two decades of this century, when corruption, chicanery and unsavory lobbying discredited legislatures. Reformers seized on the initiatives and referendum— a theory of “every man his own legislature” — to correct the evils. In a few years, the Progressive movement had spent itself—but left reform statutes on the law books from coast to coast.

Today’s movement may leave its mark, too. A national initiative amendment would be exceedingly difficult to write Into the Constitution. But more states may adopt the initiative, and politicians can brace themselves for a disquieting era of the people taking lawmaking into their own bands.

California Memorial Resolution

A Memorial Resolution

by Senator David A. Roberti

The Senate

California Legislature

WHEREAS, It was with the most profound sorrow that the Members learned of the passing of a determined political activist and the founder of the Peoples Lobby, Mr. Edwin A. Koupal, on March 29, 1976, at the age of 48; and

WHEREAS, Mr. Koupal, who, together with his wife, Joyce, founded Peoples Lobby in 1968, transformed the organization into a powerful reform voice though the use of the initiative process, with the capstone of his efforts being the passing of proposition 9, the Fair Political Practices Act, by the voters of the state in 1974; and

WHEREAS, His first grassroots effort to qualify an initiative for the ballot was the Clean Environment Act of 1972, and he led the initiative drive for the upcoming June Primary ballot for nuclear safeguards, Proposition 15; and, at the time of his death, he was attempting to add the initiative and referendum process to the United States Constitution; and

WHEREAS, A native of Eugene, Oregon, Mr. Koupal was a graduate of Sacramento High School; worked as a bartender, car salesman, and chicken rancher; and got his political start when he and his wife attempted to put together a recall campaign against Governor Ronald Reagan; and

WHEREAS, In anticipation of the June 1976 Primary ballot, wherein Proposition 15 seeks to place a moratorium on nuclear power plant construction in California, he allied himself and Peoples Lobby with consumer advocate Ralph Nader to form a new organization called the Western Bloc, and he was in charge of gathering signatures for initiative petitions in six western states to put the nuclear initiative on the ballot; and

WHEREAS, He was one of the strongest advocates in a line of California reformers who have kept alive the promise of Hiram Johnson to make the government of the state accessible and open to the people of the state: and the courageous command he took of his last days was as much a source of strength to his family and friends as his death is a source of sorrow to all of us; now, therefore, be it

RESOLVED BY THE SENATE RULES COMMITTEE, That the members express their deepest sympathies at the passing of Mr. Edwin A. Koupal, an, by this resolution, memorialize his illustrious record of personal and professional achievement, his dedication to democracy and political reform and the love and devotion he displayed on behalf of his family and friends; and be it further

RESOLVED, That suitably prepared copies of this resolution be transmitted to his wife, Joyce and children, Christine, Diane and Cecil.

California Senator David Roberti

1975-76 SRCR 304/EDWIN KOUPAL in Senator Roberti’s archives.

“Dream bigger.”

Raising the nation’s public policy IQ…Adding the National Initiative to Democracy’s Toolbox.
People’s Lobby Newsletter – Special Issue – May/June 1976

ED KOUPAL: “DREAM BIGGER!”

BY DWAYNE HUNN,  Member of People’s Lobby 

“Dream bigger!”

 

Ed Koupal, fresh from failing to re­call Reagan in 1968, came into the smog­gy Los Angeles skies like a breath of fresh air. Out of their ramshackle house, he and his wife gave teach-ins while they learned of smog. Around them gathered a group of “Crazies” and from that mind track came the first successfully sponsored grassroots initiative in California’s history. Millions of oil and nuclear industry dollars defeated that initiative, but it only toughened the Koupals and their still “crazy” but “wiser” Lobby.

The “Crazies” worked harder, laughed louder at their nastier political jokes, and vowed deeper to get the vested interests out of the political process. Because Ed felt it deeper, cared more, and worked harder, he became the super crazy, the giant among the lion cubs. By election night in November of 1974 those crazies became a power to be reckoned with in the state. Their Political Reform Initiative won with the largest plurality in California history.

Most people will remember Ed Koupal for his political accomplishments — the Clean Environment Act, Political Reform Initiative, numerous lawsuits. They will remember him when they continue to hear of People’s Lobby, that group Whitaker and Baxter Ad Agency branded as “long haired, mosquito worshiping radicals” in full page ads in 1972 that by 1974 had earned the L. A. Times title of “blue jeaned populists.”

To hundreds of blue jeaned populists he was a loved father, friend, rabble rous­er, troublemaker and joker. His wicked, cutting jokes and his quick hands kept everyone laughing, on their toes, and sometimes embarrassed. His vocabulary could make Richard Nixon’s expletive de­leted tapes a Sunday sermon in compari­son. His insights, organizing, and energy excited one to the successes that are possible in a sick political system.

Ink and paper will never capture Ed Koupal. How does one capture a man who, with no name recognition or money, builds what Ralph Nader calls the “strongest grassroots political organiza­tion in the nation”? What was it in the man that brought tears to Governor Brown? What kind of man is it that keeps his cancer down and secret till the inevitable end because he has “too much to do and no time for dying”? What kind of man chooses to die on his own terms — without pain killing drugs and life support systems? How do you measure one who plays Benny Goodman tapes, drinks wine and cracks jokes in his last days and buoys the grieving around him? The concentrated economic powers, the vested interests, and jealous sniped at him till the end. In the confines of that hospital, he confessed how they could have taken him out of his crusades. “If they would have given me a 21 piece band to conduct, I would have been out of their hair the next day,” said the grinning, diehard Dorsey trumpeter.

Burly Ed Koupal is gone now. His legacy is the accomplishments and goals of People’s Lobby. It is the footprint he’s left in the butt of many politicians. It is the hope he’s given many that the system can be changed. It is the indelible impression he has left on the minds and hearts of hundreds who were privileged to rub shoulders with him “in the trenches – out in the streets, getting signatures – where the people are.”

I spent April 3rd listening to eulogies. Listened to Tom Quinn say, “I’ve heard people say, ‘Ed Koupal is crazy, obstinate, stubborn.’ I agree. I’ve heard them say, ‘He is the most demanding and just about the nastiest man.’ I agree. The special thing about Ed that makes that okay is that Ed Koupal cared. He cared enough to do something. If you care, do, and fight enough, you will accomplish something. Ed accomplished something and now Ed’s fight must be our fight, if we care.”

I listened to State Senator Roberti say, “If Ed were looking down now, he’d be wondering what we were doing. He’d want everyone here getting signatures. His message to each of us was to churn up hell, in our own way. Ed would rather see us doing that than this.”

Hijinio Romo repeated Ed’s parting words to Joyce, “We’ve got it made – you don’t have to cry.” That, however, has not held the tears back. Those who frequented his machine-strewn house knew the loss. The loss was one of God’s great, angry men.

Society lost more, if they never knew this giant who was fighting the good war for them. Society never got to rub shoulders with him. Those of us who did – we cry because we wanted more time for more of him to rub off on us.

Ed had no time for movies. Instead, his life was an award winning movie- riddled with excitement, vigor, and courage. Ed had no time for reading books. Instead, he lived so he knew more than any college professor I had ever met.

Koupal’s words should be captured in movies, in books, and for college professors. They show where Koupal was going and where he wanted to take you and I. Culled from Steering Board Meetings, from the circuit, from company – some of these words I’d like to share with you:

During one of People’s Lobby’s many financial straits:

“I’d rather put social justice in the bank than money.”

On coming back from setbacks:

“Grass keeps growing out of free­way cracks. If you don’t drive on it for three hours, it keeps trying to get through.”

Berating us at a Steering Board Meeting:

“Dream bigger. Think bigger, and things will get bigger. No room in a strong organization for devil’s advocacy. We need positivism.”

Nader introducing the Koupals at the 1974 Critical Mass Conference in Washington:

“The Koupals, who face adversity as children face chocolate ice cream.”

Between the defeat of the Clean En­vironment and the victory of the Political Reform Initiative:

“Success is failure analyzed. Success is staying power.”

Lecturing Steering Board on the need to keep a head of steam:

“If you don’t have any goals, anything to go for – you’ll go flat, go broke.”

On how Ed keeps his crusading energy:

“I get up in the morning and read the Times. I see some more people getting screwed, and I’m peeved and have to do something.”

On how People’s Lobby was and should be seen:

“The California Reporter wrote that anyone against Proposition 9 — People’s Lobby will investigate.  We’re known as bastards. We want that reputation. Want to be known as honest, but hard bas-­tards. That’s what they respect out there.”

On initiative campaigns:

“Doing good is like fighting a war. When it starts, you can’t leave the war for casualties. Nothing takes precedence.”

On public financing of elections:

“Politicians don’t trust the poor and needy – they give them food stamps. People’s Lobby suggests the same for politicians. Instead of giving them money, give them public services – give them media, office space, etc.”

On the victorious election night for the Political Reform Initiative, telegram sent to the opposition, the-Public Rela­tions Firm of  Whitaker and Baxter:

Dear Clem

The people have won. Couldn’t have done it without you. Thanks,

On KCBS, San Francisco, after the Political Reform Initiative was law:

“We voted political reform into law… We, we the voters of Cali­fornia, voted to clean up cam­paigning. Well, there are campaigns going on right now and nothing is being done to police them. The nuclear initiative campaign is run­ning in high gear and the oppo­nents of this thing are not follow­ing the law we voted in…

“The problem is Dan Lowenstein has the mind of a social worker… He believes you can reform these politicians, get them to be good… Well, we’ve been trying that since the days of Arti Samish and it hasn’t worked… What you need to do is throw a couple of these poli­ticians in jail… whomever they might be. Throw them in jail when they break the law and then you’ll see all those politicians reforming. Unfortunately, that requires more than the mind of a social worker — that takes the mind of a cop.”

On what’s wrong:

“Freedom to do your own thing is not ‘freedom’. What we need to insure freedom is accountability.

 “Our politicians confuse freedom with license. The proper business of business is business, not government. The proper business of people is government.”

On involvement:

Americans are conditioned… Conditioned to go to a movie for $2.50 a week. Yet they won’t give $100 a year to clean up politics.

 “Talk to groups with a mission in your mind, with blood in your eye. Living in this country isn’t free. If there is no accountability — there is license. Get that point across to them.”

On making points in the media:

“Don’t let your mouth overtake your mind. Talk of what you know. Talk slow and deliberately. Use as few words as possible to make your points”

Don Koch on Ed and Joyce Koupal and People’s Lobby:

“Ed and Joyce are a national resource – they are not mere humans. I challenge anyone to find anyone in the last 50 years who could’ve formed this lobby. It is fundamental democracy.

 “Don’t sell this country short. No country is capable of containing this fantastic notion that the Lobby has now. It’s involved in the second American Revolution. It’s a high stepping organization — but it’s not elitist because no one is good enough. It’s most serious requirement is money – we need  one-quarter to one-half  million dollars to swing this national initiative.

Ed again, on the national initiative:

“The erosion of public confidence is due to the misuse of money and power. We’re creating the missing institution in the U.S. We’re putting checks and balances between the legislature and the people.

 “Marking a ballot every couple years is absentee management. Therefore we need the national referendum, recall, and initiative to be passed on in sacred trust to be proficiently used.”

Ed’s often-heard parting instructions:

“Don’t let your meat loaf. We gotta get boogieen …… “

Many of us will remember Ed – his thick hands, his bushy white sideburns, his strong voice that always cut to the heart of the issue – “Let’s quit the bull-shit and get to it!” Many will remember he cared – not for himself with his two worn suits, holes in shoes, boiled potato dinners – but for a country “out there.” He wasted no time telling you he cared -he spent all of his time and energy proving it.

We loved you, Ed. We’ll miss you. Watch over your Joyce. Only in having had such a giant as you, could she carry the loss.

 

“Ed Koupal was a rare spirit who followed his vision with a joy and relentless energy that this practical world finds hard to understand.”

                                      Edmond G. Brown. Jr.  Governor

DEATH OF A SALESMAN

Raising the nation’s public policy IQ…Adding the National Initiative to Democracy’s Toolbox.
L.A. Times, April 2, 1976

THE DEATH OF A SALESMAN

Edwin Koupal, who with his wife founded the People’s Lobby, died of cancer Monday at the age of 48. Here, Tom Quinn, chairman of the California Air Resources Board and a key aide to Gov. Brown, assesses Koupal’s stormy career.

                                                                     By TOM QUINN

If Ed Koupal had stayed in the used-car business, he would have run Cal Worthington out of town. But Ed turned his attention in another direction. He became California’s biggest and most successful purveyor of direct democracy.

Ed took the initiative process that Gov. Hiram Johnson gave this state in 1911 and turned it into a fighting art form. More than any other individual, Koupal deserved credit for putting the Political Reform Initiative, Proposition 9, on the 1974 ballot. The Nuclear Safety Initiative, which will be voted on this June, is also Ed’s work.

Koupal made lots of enemies — oil companies, electrical utilities and probably most politicians — because he was usually bullheaded, abrasive, mean and loud-mouthed.

But he was damn effective, and that’s what he cared about.

He could also be a good friend. The men and women who worked with him at the People’s Lobby and those of us in government who had the pleasure, and sometimes pain, of dealing with him gained an enormous respect for Ed.

For example, after helping write Proposition 9, he planned the petition circulation drive to qualify it for a spot on the ballot. He recruited and organized the volun­teers, then personally gathered signatures. During the campaign, Ed often spent his daylight hours circulating petitions and devoted his evenings to fund-raising and organ­izing.

When Proposition 9 qualified for the ballot, Ed took over effective management of the campaign. It bothered him that Common Cause, rather than the People’s Lobby, was usually given credit for the initiative, but he pushed his personal irritation aside and went out and gathered endorsements and finally votes.

Koupal was too young, too strong and too alive to die. Fortunately, he left something of himself behind: the People’s Lobby, which, I suspect, will continue to thrive. Many of his critics used to take some comfort from the belief that Ed was the lobby, that his organization had no independent existence. But that myth would have faded quickly if Ed’s political opponents had visited the lobby’s busy headquarters on Olympic Blvd. in Los Angeles.

The first time I dropped by, Ed’s wife Joyce, gave me the grand tour. Downstairs: mail room, offices, switch­board and kitchen. Upstairs: living quarters for the Koupals, their family and anybody else who needed a place to sleep while working on lobby business. Outside in the old garage: the People’s Lobby press.

One night some time later, I visited again and found Ed, Joyce and a few others engaged in a discussion of nuclear power with consumer activist Ralph Nader, who was one of Ed’s close friends. It was getting late, and Nader had a plane to catch. Since I had a car with seat belts, I was drafted as chauffeur. Ed and Joyce came along for the ride, and after Nader caught his plane we stopped at a restaurant in the Marina for a late night snack.

After an hour or two, I suggested it might be time to head for home. Reluctantly, Ed agreed, though it was clear he would rather have talked all night. Koupal, you see, didn’t have time for sleep. He was obsessed with one goal: improving government. I sometimes disagreed with the way he charged after that objective, but I never had any doubt about his sincerity or ability.

Neither did Nader, who asked Ed to put together the Western Bloc, a group formed to sponsor initiative campaigns against nuclear power in the Western states.

Ed Koupal may not have always been right, but he was consistently honest and effective. He touched and probably improved the lives of millions of Californians who have nev­er heard of him.

We should all be grateful that he decided to sell initiatives instead of used cars.

L.A. Times, 4/2/76

PLI FOUNDER, ‘ONE OF GOD’S ANGRY MEN,’ DIES AT 48

L.A. Times March 30, 1976

EDWIN KOUPAL, PEOPLE’S LOBBY FOUNDER, ‘ONE OF GOD’S ANGRY MEN,’ DIES AT 48

BY AL MARTINEZ  Times Staff Writer

Edwin Koupal, whose People’s Lobby gave voice to the voiceless through the initiative process, died Monday. He was 48.

Death came quietly in a hospital bed to the big and determined political acti­vist, who had been described as “one of God’s angry men.”

Koupal had been suffering from can­cer, and on Sunday night decided he wanted no further oxygen or intravenous treatment.

With him at the time was his wife of 27 years, Joyce, and a friend, Faith Keating.

“He told us not to cry,” Ms. Keating said. “He said he was satisfied with what he had done and what he had stood for. We played Benny Goodman tapes and drank wine.

“He didn’t even die like anyone else.”

Koupal — ex-bartender, ex-used car salesman and ex-chicken rancher founded People’s Lobby in 1968 with his wife, and together they turned the initiative process into a grassroots force that California had never seen before.

They sent an army of mostly young volunteers into the field in 1972 to gather 339,000 signatures and qualify the Clean Environment Act for the ballot.

Koupal hailed it as “the first successful grass-roots initiative campaign in history” — a campaign devoid of special interest money.

The issue, Proposition 9, went down to defeat, but it clearly established the lobby as a force to be reckoned with.

Two years later-and now boasting 20,000 members — the Koupal organization joined with Common Cause to qual­ify a political reform initiative for the bal­lot, and it won.

In the months before his death, Koupal was pursuing yet another goal — establishment of a national safe energy initiative campaign.

He and his wife had hammered out the platform of an organization called Western Bloc and had already qualified the proposition in California, Oregon and Colorado.

Koupal was a determined and effective campaigner whose passion for causes often led him against the mainstream.

Gov. Brown said Monday Koupal “was a rare spirit who followed his vision with a joy and relentless energy that this practical world finds hard to understand.”

Koupal had worked closely with then-Secretary of State Brown on the political reform initiative, a campaign that more than any other brought Koupal and People’s Lobby into strident visibility.

He was a man of abundant drive, and those in his way found themselves in the path of a  hurricane.

“I never met anyone quite like Ed,” said Thomas Quinn, chairman of the state Air Resources Board and former assistant secretary of state under Brown.

“He was a strong human being, a dynamo, and he made gathering signatures an art. To him, the petition was the highest form of democracy, the way people could control government.”

Quinn said that when the political reform initiative campaign began, he wanted Common Cause involved in order “to keep those crazy Koupals in line. But over the months I learned that it was the Koupals who kept the campaign in line.

“Without Ed, victory could not have happened.”

Quinn and others thought Koupal brought the techniques of a salesman to politics and used them with conscience and wit.

“He became angry,” Quinn said, “when that process was perverted and told his petition-gatherers to always be honest. But he would also show me what he had learned as a used car salesman.

“When you handed someone a clip­board to sign a petition, you handed it to him at an angle so that the pen rolled into his hand. Once they had the pen, they almost always signed.”

During the course of the initiative campaign, People’s Lobby and Common Cause were often at each other’s throats.

Common Cause was slow and deliberate in its efforts, and People’s Lobby — led by the hard-charging Koupals — was an earthquake.

Koupal would angrily storm out of meetings between the two organizations during the drafting of the initiative.

A third party said at the time: “Ed is a horse trader. When he threatens to walk out he’s just bargaining. It is irritating but effective…”

Koupal was born in Eugene, Ore. In 1964, he moved his family to Sacramento and to his first confrontation with the Establishment.

“We found,” he told the press, “that we were paying for sewers, sidewalks and streets that we didn’t have. On looking further, we also found that seven houses which did have these things didn’t have to pay for them.”

The Koupals went to court to fight an oil company’s threatened takeover of their sewer district, won, and were on their way.

A short time later, they tried to re­call then-Gov. Ronald Reagan and failed.

But then People’s Lobby was born, and the Koupals’ energies ever since were concentrated on that.

What the lobby became, by one definition, was “not an organization, but two people — Ed and Joyce — with a lot of true believers who follow an honest passion for political reform…”

Koupal, among his last words to his wife, said it differently. He said, “We’ve got it made.”

He also leaves three children, Cecil, Christine and Diane. Funeral services were pending Monday.

His requiem is encompassed in an observation by Tom Quinn.

“What we have here,” he said, “is the death of a salesman . . . in the best sense of the word.”

———-

“He worked indefatigably and selflessly to put the people back into democracy. More than anyone else he has revitalized the use of the initiative, referendum and recall and put these vital citizen tools back into the mainstream of state politics. He was a citizen’s citizen.”

Ralph Nader

 

Joyce Atomic Energy Comm.

People’s Lobby Press Release of March 1976

STATEMENT BY JOYCE KOUPAL

LOS ANGELES COUNTY ENERGY COMMISSIONER

MARCH 26, 1976

The question which this Commission is considering today has been a major concern of many of the most prominent citizens, scientists, and statesmen of our day. In the last several years, we have heard Nobel Laureates argue among themselves about the safety, reliability and necessity of atomic power. We have seen scientists resign from government jobs because federal regulation of the nuclear industry is a sham. We have felt the economic crunch of atomic power — plants that only operate about half the time and end up costing two to three times their projected prices. We have watched the nuclear industry beg Congress to finance the entire atomic energy program because its costs are so great. We have witnessed cover—ups of internal Atomic Energy Commission documents reminiscent of Watergate. And we have experienced a significant citizen reaction to the atomic energy pro­gram in California: a proposal to put nuclear energy policy-making in the hands of the people through their elected representatives.

The atomic energy industry has made many promises and raised many questions about whether nuclear power is safe, reliable, and economical. But the people of California want not shallow promises of energy independence, not uncertainties about safety and reliability, but humane and realistic solutions to our energy problems. The citizens of California will no longer tolerate consideration of this issue by kangaroo courts intent on rendering premeditated decisions without judicious and fair consideration.

This hearing is a sham and a disservice to the people of California. It has been hastily convened and ill—conceived in a token attempt to shed a well-screened ray of public light on a decision the Board of Supervisors will, make behind closed doo4s. Why, when the citizens of California have qualified an initiative to open up energy decision-making by putting it in the hands of the legislature, would this Commission defraud the public through a hearing of this nature?

The Commission considered this question in February and chose to  hold hearings. Had we made the decision to consider the issue at that time, we may have had the opportunity to validly review the energy question and make a recommendation to the Board of Supervisors. But hearings thrown together in such a hasty fashion, with so little consider­ation, cannot be termed appropriate or adequate for an issue of such gravity.

Since the Los Angeles County Energy Commission formally took office in December, 1973, its validity and integrity have been question­able.. You may remember that I appeared before the Board regarding my concern that our commission was so riddled with conflicts of interest that it should probably be dissolved. At this time, I believe that the Commission should, minimally, not pretend to consider the questions pre­sented by the Proposition 15 in view of the gravity of the issue, the history of government deception, and the hearing witnesses as they are presented here today.

I say this because I, as a citizen, have a conflict of interest on this issue, I say this because both m~ husband and myself have worked for safe nuclear power. And I say this because we know, in a very personal way, the issue which we are addressing. My husband, who has worked to qualify safe energy initiatives in 16 states and has spent his life in pursuit of true self-government and a humane society, is dieing of cancer. 9ince 1972, we have fought for safe nuclear power, and we will continue to do so until we achieve our goal. I ~kef9 Chairman Foster to delay these hearings in deference to my situation at this time. In spite of the fact that Commission hearings have been delayed for such events as Chamber of Commerce hearings, the Chairman refused to delay them.

I now realize that life and death move inexorably forward. That my husband will die, of the very disease that we consider when we dis­cuss atomic energy and its consequences. And that I have confronted many of society’s taboos by coming here today, when my husband is seriously ill. But I know that in spite of the conflicts of interest, and the billions of taxpayers’ dollars that have been poured into the nuclear industry, we must seriously consider the question of whether atomic power is safe. Reliable and economical.  And I know that this commission, by its hastily conceived hearings, is only paying lip service to the issue.

I ask not that the Commission support Proposition 15 as I and my husband do, but only that we seriously and conscientiously con­sider the issue, and that this hearing be only the beginn4nq of our review. I move that we extend these hearings until May, when we can assemble a hearing panel of experts to express their views on the question so that we can present a public hearing that is worthy or the name. I ask this for the people of California and for myself, because I know what radioactivity does and what cancer is. And I am afraid that the decision this Commission may make as c~ result of so little consideration will be one more nail in the coffin of our society and those to come.