One of the smaller but significant roles of the California attorney general is to write ballot titles and summaries for statewide initiatives. Those are the main descriptors that voters read before casting their ballots, so the AG’s role can tip the scales on important elections. How they wield that power says much about the office-holder’s sense of fair play.
The attorney general is supposed to present the measure as neutrally as possible. There’s a huge difference between, say, writing that a tax measure “slashes funding for vital services” or “lowers the burden for taxpayers.” But the power proves too tempting for ambitious politicians.
The past two AGs, Xavier Becerra and Kamala Harris, routinely wrote laughably biased initiative descriptions. Both went on to the heights of federal office, so there’s no political downside for playing cynical games. Initiative campaigns can challenge a tilted title in court, but they rarely succeed. Legal action takes money and often scuttles campaigns because of delays.
One reason this Editorial Board endorsed Attorney General Rob Bonta was because, despite our political differences, we appreciated his straight-shooting promises regarding initiatives. Now he’s following the Becerra/Harris playbook.
Parental-rights activists submitted the Protect Kids of California Act for a title/summary so they could collect signatures. It declares “female students should have fair and safe opportunities to compete in athletic programs,” promotes “sex-segregated” locker rooms and bathrooms at schools, and requires schools to inform parents of “psychosocial or psychological testing” or if their child is transitioning to a different gender.
We haven’t taken a position. Whatever one’s views on its fundamental controversies, it seems obvious Bonta’s title attempts to dead-end the campaign: “Restricts Rights of Transgender Youth Initiative.” The summary isn’t as inaccurate as advocates claim, but is far from objective. A judge sided with Bonta, but we’re disappointed he couldn’t craft something less biased.
California needs an alternative way (perhaps through the Legislative Analyst’s Office) to craft title/summary verbiage. Only rare AGs have the fortitude to administer the law fairly, so it’s time to vest this power in a less political office.
