Over the past decade, the California energy crisis, the attack of September 11, 2001, and the ongoing economic crisis have impacted California more than enough for us to re-evaluate our state government and our constitution, both of which are in dire need of reform and repair.
We the people of California are receiving a painful education in pitfalls of democracy and inept government that are leading us on a road to self-destruction. Indeed, it's time for a change.
Following is a proposed California ballot initiative for direct democracy: (Note the existing (ignored) provisions in the California Constitution focused upon direct democracy.)
PROPOSED BALLOT INITIATIVE
AMENDMENT TO THE CALIFORNIA CONSTITUTION
ARTICLE II
NONPARTISAN DIRECT REPRESENTATIVE DEMOCRACY GOVERNMENT
[New heading]
SECTION 1. Article II of the California Constitution as previously written is hereby repealed and replaced. Sections unchanged are renumbered.
SECTION 2. All political power is inherent in the people. Government is instituted for their protection, security and benefit, and they have the right to alter or reform it when the public good requires. [Replaces former Section 1 as renumbered]
SECTION 3. (a) The public good requires government to be altered and
reformed to a nonpartisan direct representative democracy government by the
people and all that it embodies. Pursuant to Article I, Section 3, The
people have the right to instruct their representatives and assemble freely
to consult for the common good.
(b) All elective offices shall be nonpartisan. No political party or
party central committee may endorse, support, or oppose a candidate for
nonpartisan office. Elected representatives and officers are defined as any
elected position at all levels of government in the state. The terms of
office for all elected positions shall be confirmed or rejected annually by
majority vote. If rejected, replacement elections shall immediately follow.
(c) Within four (4) years of the enactment of this amendment, or as
otherwise directed by the people, direct representative democracy shall be
established by means of secure networks of interactive electronic devices
connected to every voter's home, or convenient voting center.
(d) The networks shall include all state, county and city offices and
governments.
(e) The voters shall be able to instruct and direct their representatives
by majority vote on all matters of taxation and public policy, and to freely
consult with each other for the common good by means of the networks.
Representatives shall truthfully, and fully inform their constituent voters
sufficiently for the voters to make informed decisions.
(f) All elections and recall elections shall be conducted over the
networks. The process for elections and the recall of elective officers
shall be established by the voters.
(g) The voters shall establish the process for initiatives and referendums
to propose statutes and amendments to the Constitution and to adopt or
reject them. All petitioning to propose initiatives and referendums shall
be conducted over the networks.
SECTION 4. Direct representative democracy shall be defined and construed as government in which sovereign power is vested in the people, directly, as outlined in Section 3 of this Article.
SECTION 5. (a) During the month of February following the enactment of
this amendment, and pursuant to Article V of The United States Constitution,
the legislature shall make application to the Congress to call for a
constitutional convention for proposing amendments, specifically for
proposing an amendment to establish nonpartisan direct representative
democracy government, substantially and effectively as stated herein
pertaining to the government of The United States, and the legislature shall
specifically encourage each of the several states to make the same
application to the Congress for such constitutional convention for proposing
amendments, specifically direct democracy.
(b) During the month of February of each succeeding year, the legislature
shall renew the application to the Congress and encourage the several states
as stated in subsection (a) above, until such time the constitutional
convention is held, and the specific amendment establishing nonpartisan
direct representative democracy government is proposed, and ratified by the
legislatures of three-fourths of the several states.
SECTION 6. Replaces former Section 2 as renumbered. [Right to Vote]
SECTION 7. Replaces former Section 3 as renumbered.
[Residence-Registration-Free Elections]
SECTION 8. Replaces former Section 4 as renumbered. [Improper practices
That Effect Elections-Mentally Incompetent, Etc.]
SECTION 9. Replaces former Section 7 as renumbered. [Voting-Secret]
SECTION 10. This amendment shall take effect the day after approved by the majority of votes thereon. The provisions of this Article shall be self-executing, but legislation not in conflict herewith may be enacted to facilitate its operation.
SECTION 11. If any section, clause or portion of this Article, or any application thereof to any person or circumstance, shall for any reason be declared unconstitutional by means of the United States Constitution, the remainder of this Article, or application of such section, clause or portion to other persons or circumstances, shall not be affected thereby.
SECTION 12. The provisions of this Article shall supersede all provisions of this Constitution and laws enacted thereunder in conflict therewith. No article of amendment shall be enacted diminishing citizen's rights enumerated by this Constitution.