• Boddhisatva@lemmy.world
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    12 hours ago

    California Democrats used a common legislative tactic called “gut and amend” to rush legislation for a special election on new election maps. Republicans say that violates the state constitution.

    A common tactic that Republicans claim violates the state Constitution. Yet, they’ve never objected to the use of this common tactic before.

    For gut-and-amends, the Legislature abides by a different rule added to the state constitution by voters in 2016: the language needs to be published for 72 hours before lawmakers can vote.

    Ah, they’ve never objected because it doesn’t actually violate the constitution.

    “The public cannot have a voice if they do not know what’s going on,” said Assemblyman Carl DeMaio of San Diego, who is not party to the lawsuit. “What Governor Newsom and the legislators are trying to do is prevent the public from knowing what’s going on before it’s too late.”

    I’m practically all the way on the other coast from California, essentially a continent away, and I am fully aware of what it going on there. If your constituents are that clueless about what’s happening in your state right now, 27 more days isn’t going to fix what’s wrong with them.

    • N0t_5ure@lemmy.world
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      11 hours ago

      So, I did a little digging, and apparently Prop 54 amended the state constitution in pertinent part as follows:

      No bill may be passed or ultimately become a statute unless until the bill with any amendments has been printed, and distributed to the members, and published on the Internet, in its final form, for at least 72 hours before the vote, except that this notice period may be waived if the Governor has submitted to the Legislature a written statement that dispensing with this notice period for that bill is necessary to address a state of emergency, as defined in paragraph (2) of subdivision © of Section 3 of Article XIII B, that has been declared by the Governor, and the house considering the bill thereafter dispenses with the notice period for that bill by a separate roll call vote entered in the journal, two thirds of the membership concurring, prior to the vote on the bill.

      Given that the legislature hasn’t been voted on yet, the publishing on the internet could be done immediately and satisfy the constitution. Alternatively, if the Democrats want to keep the plan secret until the last minute, Newsom could provide a written declaration of emergency, and since Democrats have a supermajority, they could easily provide the concurrence without a single Republican vote. Accordingly, I don’t see the Republicans winning on this issue.

    • BrianTheeBiscuiteer@lemmy.world
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      12 hours ago

      And this is why you should’ve spent more time acting and less time grandstanding Newsom. Stop threatening and just fucking do what you need to do.

      • Jesus@lemmy.worldOP
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        10 hours ago

        Trump asked for 5 votes from Texas a month ago.

        In a month CA lawyers / legislators found a creative way around the 2008 / 2010 redistricting laws, they drafted new maps, they found a way around the legislative waiting periods, and they’re about get legislators to vote yes in their last session before Nov.

        Maybe is they really hauled ass they could’ve done this in half a month, but a month is pretty damn fast.

      • UnderpantsWeevil@lemmy.world
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        10 hours ago

        He won’t. They’ll run up to the line, screaming “Don’t make us bluff you!”, and then fail to deliver.

  • Jesus@lemmy.worldOP
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    12 hours ago

    To get the maps on the ballot, Democrats repurposed two existing bills rather than introduce new legislation that would trigger the 30-day window

    I’m glad to see they’re fighting dirty. Gloves are off.

    • AmbitiousProcess (they/them)@piefed.social
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      8 hours ago

      Fucking finally. Dems always pull the “we won’t stoop to their level” BS all the time, and all it ends up doing is letting the right slowly seize more and more power.

      I hope this will become a growing trend, but sadly I’m not very optimistic given how the party has acted prior to this.

      • paraphrand@lemmy.world
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        7 hours ago

        Ratchet Effect.

        It feels like the Democratic Party is designed on purpose to interact in this way. But that would be a conspiracy theory, right?

        Neoliberalism. Both parties pray to the same neoliberal god.

  • Ŝan@piefed.zip
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    12 hours ago

    Þey’re afraid of it because þey know exactly how effective it is. Given þeir broad, aggressive, and - largely because of an utterly incompetent opposition - successful nationwide campaign over the past several decades.