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2005 California Special Election
Election Date: November 8, 2005

News Stories

Proposition 73: Parental Notification
• Termination of Minor's Pregnancy. Waiting Period and Parental Notification. Initiative Constitutional Amendment.
Summary: Amends California Constitution to bar abortion on unemancipated minor until 48 hours after physician notifies minor's parent/legal guardian, except in medical emergency or with parental waiver. Permits judicial waiver of notice based on clear and convincing evidence of minor's maturity or minor's best interests. Physician must report abortions performed on minors and State shall compile statistics. Authorizes monetary damages for violation. Minor must consent to abortion unless mentally incapable or in medical emergency. Permits judicial relief if minor's consent to abortion is coerced.

Poll
YES
NO
Und
Spread
51%
47%
2%
YES +4
44%
56%
N/A
NO +12
43%
54%
3%
NO +11
55%
44%
2%
YES +11
51%
39%
10%
YES +12
41%
49%
10%
NO +8
58%
42%
N/A
YES +16
43%
53%
5%
NO +10
45%
43%
12%
YES +2
42%
48%
10%
NO +6
60%
38%
2%
YES +22
59%
39%
2%
YES +20
45%
45%
10%
Even
44%
48%
8%
NO +4
48%
43%
9%
YES +5

Proposition 74: Public School Teachers Tenure
• Public School Teachers. Waiting Period for Permanent Status. Dismissal. Initiative Statute
Summary: Increases length of time required before a teacher may become a permanent employee from two complete consecutive school years to five complete consecutive school years; measure applies to teachers whose probationary period commenced during or after the 2003-2004 fiscal year. Authorizes school boards to dismiss a permanent teaching employee who receives two consecutive unsatisfactory performance evaluations.

Poll
YES
NO
Und
Spread
48%
51%
1%
NO +3
46%
54%
N/A
NO +8
45%
52%
3%
NO +7
49%
50%
2%
NO +1
45%
47%
8%
NO +2
44%
50%
6%
NO +6
53%
47%
N/A
YES +6
42%
53%
5%
NO +11
44%
47%
9%
NO +3
46%
48%
6%
NO +2
53%
45%
1%
YES +8
55%
44%
2%
YES +10
43%
47%
10%
NO +4
46%
37%
17%
YES +9
49%
42%
9%
YES +7
61%
32%
7%
YES +29

Proposition 75: Union Dues -- Political Contributions
• Public Employee Union Dues. Required Employee Consent for Political Contributions. Initiative Statute.
Summary: Prohibits public employee labor organizations from using dues or fees for political contributions unless the employee provides prior consent each year on a specified written form. Prohibition does not apply to dues or fees collected for charitable organizations, health care insurance, or other purposes directly benefiting the public employee. Requires labor organizations to maintain and submit to the Fair Political Practices Commission records concerning individual employees' and organizations' political contributions; those records are not subject to public disclosure.

Poll
YES
NO
Und
Spread
45%
54%
1%
NO +9
52%
47%
N/A
YES +5
48%
49%
3%
NO +1
50%
49%
2%
YES +1
40%
51%
9%
NO +11
40%
50%
10%
NO +10
64%
36%
N/A
YES +28
50%
45%
5%
YES +5
44%
45%
11%
NO +1
46%
46%
8%
Even
56%
42%
2%
YES +14
60%
37%
3%
YES +23
55%
32%
13%
YES +23
48%
33%
9%
YES +15
57%
34%
9%
YES +23

Proposition 76: State Spending Limits
• School Funding. State Spending. Initiative Constitutional Amendment.
Summary: Changes state minimum school funding requirements (Proposition 98), permitting suspension of minimum funding, but terminating repayment requirement, and eliminating authority to reduce funding when state revenues decrease. Excludes above-minimum appropriations from schools' funding base. Limits state spending to prior year total plus revenue growth. Shifts excess revenues from schools/tax relief to budget reserve, specified construction, debt repayment. Requires Governor to reduce state appropriations, under specified circumstances, including employee compensation, state contracts. Continues prior year appropriations if new state budget delayed. Prohibits state special funds borrowing. Requires payment of local government mandates.

Poll
YES
NO
Und
Spread
39%
59%
2%
NO +20
34%
66%
N/A
NO +32
40%
56%
3%
NO +16
49%
49%
2%
Even
42%
56%
2%
NO +14
36%
61%
2%
NO +25
31%
60%
9%
NO +29
32%
60%
8%
NO +28
45%
55%
N/A
NO +10
36%
59%
5%
NO +23
28%
60%
12%
NO +32
30%
62%
8%
NO +32
54%
41%
5%
YES +13
58%
36%
6%
YES +22
26%
63%
11%
NO +37
19%
65%
16%
NO +46
28%
61%
11%
NO +33
35%
42%
23%
NO +7

Proposition 77: Redistricting
Reapportionment. Initiative Constitutional Amendment.
Summary: Amends state Constitution’s process for redistricting California’s Senate, Assembly, Congressional and Board of Equalization districts. Requires three-member panel of retired judges, selected by legislative leaders, to adopt new redistricting plan if measure passes and again after each national census. Panel must consider legislative, public proposals/comments and hold public hearings. Redistricting plan becomes effective immediately when adopted by judges’ panel and filed with Secretary of State. If voters subsequently reject redistricting plan, process repeats. Specifies time for judicial review of adopted redistricting plan; if plan fails to conform to requirements, court may order new plan.

Poll
YES
NO
Und
Spread
41%
56%
2%
NO +15
40%
60%
N/A
NO +20
41%
52%
6%
NO +11
44%
53%
3%
NO +9
34%
56%
10%
NO +22
35%
51%
14%
NO +16
55%
45%
N/A
YES +10
42%
46%
12%
NO +4
38%
41%
21%
NO +3
36%
50%
14%
NO +14
54%
41%
5%
YES +13
59%
36%
5%
YES +23
33%
50%
17%
NO +17
32%
46%
22%
NO +14
34%
49%
17%
NO +15
35%
46%
19%
NO +11

Proposition 78: Drug Discounts (Industry Backed)
• Prescription Drugs. Discounts. Initiative Statute.
Summary: Establishes discount prescription drug program, overseen by the Department of Health Services. Enables certain low - and moderate - income California residents to purchase prescription drugs at reduced prices. Imposes $15 application fee, renewable annually. Requires Department's prompt determination of residents' eligibility, based on listed qualifications. Authorizes Department to contract with pharmacies to sell prescription drugs at agreed-upon discounts negotiated in advance, and to negotiate rebate agreements with drug manufacturers. Permits outreach programs to increase public awareness. Creates state fund for deposit of rebate payments from drug manufacturers. Allows program to be terminated under specified conditions.

Poll
YES
NO
Und
Spread
49%
51%
N/A
NO +2
33%
55%
13%
NO +22
38%
43%
19%
NO +5
36%
45%
19%
NO +9
51%
49%
N/A
YES +2
39%
45%
16%
NO +6
39%
38%
23%
YES +1
43%
38%
19%
YES +5
49%
31%
20%
YES +18
57%
26%
17%
YES +31

Proposition 79: Drug Discounts (Consumer Groups Backed)
• Prescription Drug Discounts. State-Negotiated Rebates. Initiative Statute.
Summary: Provides for prescription drug discounts to Californians who qualify based on income-related standards, to be funded through rebates from participating drug manufacturers negotiated by California Department of Health Services. Rebates must be deposited in State Treasury fund, used only to reimburse pharmacies for discounts and to offset administration costs. At least 95% of rebates must go to fund discounts. Prohibits new Medi-Cal contracts with manufacturers not providing the Medicaid best price to this program, except for drugs without therapeutic equivalent. Establishes oversight board. Makes prescription drug profiteering, as defined, unlawful.

Poll
YES
NO
Und
Spread
49%
51%
N/A
NO +2
38%
46%
16%
NO +8
30%
47%
23%
NO +17
37%
43%
20%
NO +6
50%
50%
N/A
Even
43%
40%
17%
YES +3
37%
39%
24%
NO +2
34%
40%
26%
NO +6
42%
34%
24%
YES +8
48%
33%
19%
YES +15

Proposition 80: Electricity Regulation
• Electric Service Providers. Regulation. Initiative Statute.
Summary: Subjects electric service providers, as defined, to control and regulation by California Public Utilities Commission. Imposes restrictions on electricity customers' ability to switch from private utilities to other electric providers. Provides that registration by electric service providers with Commission constitutes providers' consent to regulation. Requires all retail electric sellers, instead of just private utilities, to increase renewable energy resource procurement by at least 1% each year, with 20% of retail sales procured from renewable energy by 2010, instead of current requirement of 2017. Imposes duties on Commission, Legislature and electrical providers.

Poll
YES
NO
Und
Spread
37%
63%
N/A
NO +26
25%
48%
27%
NO +23
24%
48%
28%
NO +24
46%
54%
N/A
NO +8
22%
48%
30%
NO +26
33%
35%
32%
NO +2

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