July 18, 2005

Prop 77 Briefs Filed

Some interesting tidbits of information are found in court documents filed today by members of Secretary of State Bruce McPherson's staff, part of the pending lawsuit that could force the redistricting initiative off the November 8th ballot.

The documents seem to confirm news reports about how discrepancies were discovered between the initiative submitted to the Attorney General, and the one circulated for signatures. They also shed a little new light on the role played by those close to Governor Arnold Schwarzenegger.

In particular is the declaration of Undersecretary of State William Wood, who reiterates that no one in McPherson's office knew of any problems with the initiative when it was certified as Proposition 77.

Three days after the certification, Wood said he attended a meeting called by Peter Siggins and Dan Kolkey. Siggins is Schwarzenegger's official attorney, and Kolkey is the attorney hired to draft the language of Prop 77 (he also happens to be the governor's lead tribal gaming negotiator).

Wood says the two attorneys handed him a list of reasons as to why Prop 77 should move forward. The list actually sounds more like talking points, including the argument that the discrepancies were "technical, not substantive". Many of the same arguments have been made numerous times since then by other Prop 77 supporters.

And in what seems like a sign that the administration was clearly concerned about what McPherson would decide to do, Undersecretary Wood says that over the next few days Kolkey and Siggins "called several times to repeat the arguments."

The case is now scheduled to be heard this Thursday in Sacramento Superior Court. The new documents also point to the urgency of clearing up the issue-- one elections official's statement says that state printers must have the final version of a ballot guide no later than August 15.