ARNOLD'S OPPONENTS EYE BALLOT MEASURES.

Byline: David M. Drucker Sacramento Bureau

SACRAMENTO - Following the principle of ``If you can't beat 'em, join 'em,'' Gov. Arnold Schwarzenegger's opponents are, like him, preparing to march to the ballot box to give voters the final say.

Nearly 70 ballot measures - some aimed at carrying out Schwarzenegger's reforms and others intended to thwart his agenda - soon could be circulating.

``There are a lot of battles that get settled at the ballot box rather than the state Capitol,'' said Jack Pitney, a political science professor at Claremont McKenna College. ``A lot of groups increasingly see it as an alternative to the Legislature.''

The governor plans to call a special election this year to seek voter approval for his package of fiscal and political overhauls, using his popularity with the public to push constitutional amendments opposed by the Democratic-led Legislature.

But Democrats and their political allies are not sitting still. They are devising ballot measures to enact legislation Schwarzenegger recently vetoed and others aimed at combating his new proposals.

Those proposals, in addition to other initiatives that mark California's increasing love of direct democracy, could produce a crowded November special-election ballot that would rank as one of the most civic-altering elections in state history, analysts say.

Based on state officials' most recent count, 66 initiatives are awaiting approval from the Attorney General's Office to begin signature-gathering. Nine already are circulating, and two others have qualified for the ballot.

``I think this is a wake-up call to legislators. They should ask why people are so willing to bypass them,'' said Kevin Starr, professor of history at the University of Southern California and state librarian emeritus.

If the trend of direct democracy continues, the Legislature could end up being almost a ``ceremonial house,'' he said.

``If I was in the Legislature, I'd be worried that my branch of government was being dissolved before my very eyes.''

Ideological clash

The ideological clash between the Democratic legislative majority and Republicans like Schwarzenegger is part of a continuing trend that has made ballot propositions more popular.

``The fundamental political DNA code of California is centrism, accommodation and cooperation - cutting the proper deal and bipartisanship - that comes from our tradition of Progressivism,'' Starr said.

But, ``over the last decade we've seen an increase in ideological warfare,'' he said. ``Legislators have turned the Legislature into an ideological playpen. There are consequences to that.''

Among the Democratic-backed ballot measures, several are at odds with Schwarzenegger's legislative views. Some examples:

--The Fair Minimum Wage Act of 2005. Schwarzenegger last year vetoed a bill by Assemblywoman Sally J. Lieber, D-San Jose, that would have raised the minimum wage by $1.

--The Reregulation of Electricity Act. Schwarzenegger last year vetoed a bill by Assembly Speaker Fabian Nuez, D-Los Angeles, that would have moved the state's power market more toward regulation.

--The Car Buyer's Bill of Rights. Schwarzenegger last year vetoed a bill by Assemblywoman Cindy Montanez, D-Mission Hills, that was also dubbed the ``Car Buyer's Bill of Rights.''

Montanez reintroduced her ``Car Buyer's Bill of Rights'' legislation last month, and hopes to get Schwarzenegger's support and avert another veto. But she is willing to back the similarly named initiative - her aides say she is unaffiliated with its proponents - if it becomes clear the governor intends to veto her bill again.

``Our goal is to get Assembly Bill 68 passed,'' Montanez Chief of Staff Rocky Rushing said. ``If that doesn't happen, we'll be looking at other avenues to achieve our goal.''

Schwarzenegger isn't worried.

His aides, pointing specifically to his role in defeating Proposition 66 last November after it appeared headed for certain victory, say he has a unique ability to communicate with voters on policy issues.

Proposition 66, which would have weakened the ``three strikes, you're out'' law, was up in polls by double-digits just weeks before the election when Schwarzenegger began campaigning against it. It lost on Election Day.

``The governor visibly entered the fray last year and was able to change the outcome of the election,'' said Margita Thompson, his press secretary. ``People understand the governor's agenda - his message gets through.''

Looming deadline

The governor has given the Legislature a March 1 deadline to approve his foursome of fiscal and political overhaul proposals for a 2005 special election ballot. If it fails to do so, as appears likely, he will begin campaigning for the signatures needed to qualify third-party sponsored initiatives that mirror his proposed constitutional amendments.

If lawmakers do not provide the two-thirds vote necessary to put his state employee pension overhaul on the ballot, Schwarzenegger might back a proposition written by Assemblyman Keith Richman, R-Granada Hills, and the Howard Jarvis Taxpayers Association.

Schwarzenegger, who wants to change the way legislative and congressional districts are drawn and add a ``spending control'' mechanism to the budgeting process, might also choose to support a redistricting initiative sponsored by Ted Costa - who filed the petition that led to the recall of former Gov. Gray Davis - and an overhaul of the budget process written by the California Chamber of Commerce, a business lobbying group.

In fact, the governor will have several reapportionment and budget overhaul measures to choose from if he decides to bypass the Legislature and go directly to the people. This could enable Schwarzenegger to get more of what he wants, as he would not have to compromise with Democrats to get their votes to place his plans on the ballot.

``Obviously there's an advantage in that you get to craft the bill you want,'' said Mike Spence of West Covina, who is sponsoring a constitutional amendment that would outlaw driver's licenses and other state benefits for illegal immigrants.

Spence said he and other backers of the ``Save Our State'' initiative - including former state Sen. Dick Mountjoy, R-Monrovia - simply didn't trust Democratic or Republican legislators to tackle the issue of illegal immigration. So they decided to ``take it out of their hands completely.''

Even in the face of a recent poll that showed 64 percent of likely voters favor going to the polls to reform how California spends money and taxes its citizens, Democrats continue to criticize Schwarzenegger for choosing this route, claiming voters want lawmakers to solve the state's problems without their direct participation.

But they acknowledge they are likely to push ballot initiatives of their own to counter the sweeping plans for constitutional reform Schwarzenegger wants, if a deal with the governor cannot be reached.

``We're not threatened by the governor collecting signatures and going to the ballot. That's his right,'' Nuez said.

The number of valid signatures required to put a proposed constitutional amendment on the ballot equals roughly 8 percent of the total number of people who voted in the 2002 gubernatorial election, or 598,105. Because many signatures are usually proven invalid, most measures that qualify tend to collect about 1 million.

Proposed laws need only collect 5 percent of the total number of people who voted in 2002, or 373,816 valid signatures.

David M. Drucker, [phone]

david.drucker(at)dailybulletin.com