Posts Tagged ‘overcharges’

Despite Prop. 17’s Defeat, Auto Insurers’ Battle May Not Be Over

June 10th, 2010

By Carol J. Williams, THE LOS ANGELES TIMES

A $16-million effort by auto insurers to ease regulations may not be over despite state voters’ decision to reject Proposition 17, which would have allowed drivers to take their continuous-coverage discount with them if they switched carriers.

By the time all votes were counted early Wednesday, voters defeated the initiative 52% to 48%, despite lopsided campaign funding that allowed insurance industry supporters to outspend opponents 12 to 1.

The hard-fought battle was waged between consumer advocates, who said the measure would increase premiums, and insurers, led by Mercury Group, which contended in an advertising blitz that the proposition would cut rates.

Consumer Watchdog of Santa Monica hailed the measure’s defeat as a sign that voters are wary of letting big business intrude into the citizen initiative process that allowed the proponents to get the issue on the ballot.

But spokesmen for Californians for Fair Auto Insurance Rates, the Yes on 17 campaign, said they were disappointed and signaled that they might carry on the fight for regulation revisions they expect to bring more business their way.

Mercury Chairman George Joseph, who for years has been struggling to get the changes through the Legislature and survive court challenges, says he’s not sure what his next step might be.

“We have to convince people … that this is a good thing for consumers. I don’t think we made this clear enough,” Joseph said, repeating the campaign’s message that more than 80% of insured motorists would benefit from being allowed to take their loyalty discounts with them to a new insurer.

Mercury provided the vast majority of the Yes on 17 funding, used to bombard drivers with the message that passage would correct “a flaw in the law” and spur more competition among insurers.

Proponents failed in their attempt “to scam California drivers by authorizing surcharges that voters made illegal in 1988 when they passed Proposition 103,” said Harvey Rosenfield, founder of Consumer Watchdog and author of the ballot measure that has regulated car insurance rates for 22 years.

“This is a victory not just for motorists in California, but a broader victory for California voters, who have made it clear they don’t intend to let insurance companies or utility companies or other big corporations subvert the people’s initiative process,” Rosenfield said.

The Campaign for Consumer Rights spent about $1.3 million to urge voters to reject the Mercury-backed measure.

The campaign warned voters that passage would eventually raise rates for new drivers, military personnel serving out of state and anyone who quit driving for a while to save money or take public transpiration.

Opponents also contended the threat of higher rates for those already paying top dollar for car insurance could lead to more uninsured drivers on the state’s roads.

Coupled with defeat of Proposition 16, a measure backed by Pacific Gas & Electric Co., which would have required voter approval before cities could get into the electricity business, voters sent a strong message that their voice in the political process cannot be bought, Rosenfield said.

The insurance industry backers stood their ground despite Proposition 17’s failure.

“Voters missed an opportunity to extend an auto insurance discount that could have lowered auto insurance rates for millions of drivers,” said Mike D’Arelli, executive director of the Alliance of Insurance Agents & Brokers that backed the initiative.

“There is no doubt that extending the continuous coverage discount would have improved current auto law for consumers,” he said.

Kathy Fairbanks of the Yes on 17 campaign described its defeat as “a Pyrrhic victory” for opponents because they are being investigated by the Fair Political Practices Commission for what she said was an attempt to hide the source of $590,000 in contributions to the StopProp17 campaign.

Rosenfield dismissed the failed sponsors’ report of campaign finance irregularities as sour grapes and said his campaign would welcome the commission’s review because they have scrupulously complied with campaign laws.

carol.williams@latimes.com

Marc Lifsher in Sacramento contributed to this report.

Foes Say California Voters Saw Through Props. 16 and 17

June 10th, 2010

By Mark Glover and Dale Kasler, THE SACRAMENTO BEE

Opponents of Propositions 16 and 17 said Wednesday that the defeat of the two measures was all about money.

Or to be more precise: voter dissatisfaction that Pacific Gas and Electric Co. and Mercury Insurance spent a whopping $60 million combined on the respective measures.

Jack Pitney, a political science professor at Claremont McKenna College, said the lesson is that “if you’re going to win a special-interest initiative, you need a better disguise. The link was too obvious, and the voters smelled a rat.”

Pitney cited the primary victories by Meg Whitman and Carly Fiorina as proof that voters don’t inherently object to business people entering politics.

“People like the idea of free enterprise, but in (Propositions 16 and 17) people sensed that one specific corporation was seeking a benefit for (itself),” he said.

With all precincts statewide reporting, 52.5 percent of voters were giving Proposition 16 a thumbs down. “No” votes on Proposition 17 accounted for 52.1 percent of the total.

While the California secretary of state’s office said “tens of thousands” of absentee ballots are still being counted, political analysts said it’s highly unlikely the results will change.

Out of about 3.85 million votes cast, Proposition 16 trailed by about 185,000 votes. Proposition 17 was failing by about 156,000 votes.

Proposition 16 – formally known as the Taxpayers Right to Vote Act – was put on the California ballot as a constitutional amendment requiring a two-thirds vote before a public utility could extend service to new customers or new territories.

From the beginning, it was spearheaded virtually single-handedly by San Francisco-based PG&E, which spent $46 million to persuade voters to approve it.

Proposition 17 was put on the ballot by Los Angeles-based Mercury Insurance. It would have overturned state law prohibiting insurance companies from considering a driver’s insurance history to set rates. It would have allowed customers to take their “loyalty discounts” with them even if they switched insurance providers.

Mercury spent about $16 million to back the measure.

PG&E insisted that it was simply good policy for voters to have a say when millions of electric customers and taxpayer dollars are on the line. Mercury claimed that Proposition 17 worked to the benefit of millions of Golden State motorists.

Opponents said otherwise. They said the businesses were just trying to shanghai the initiative process to make more money and grab more power.

Proposition 103 author Harvey Rosenfield warned Wednesday that “the initiative process is in danger of being co-opted by big corporations. You had two big corporations trying to enact their business plan as law.”

Gale Kaufman, a campaign consultant for No on 16, said opponents only had about $100,000 to spend, with about $30,000 going into an early poll. She said that poll indicated that Proposition 16 was “losing very convincingly” from the start.

Kaufman said voters didn’t see Proposition 16 as a citizen-empowerment measure, but as a cleverly worded ploy of a single for-profit utility.

“(PG&E’s) biggest miscalculation, besides spending all that money, was that they really thought they could trick people by the phrasing they used on that initiative,” she said.

Kaufman credited an aggressive viral campaign “and a lot of people who did their own thing” for rallying voters against Proposition 16.

Greg Pruett, senior vice president of corporate affairs for PG&E, issued a statement that said, in part: “While the election outcome hasn’t diminished our steadfast belief that citizens should have a vote in local government efforts to enter the electric utility business, we respect the decision voters made on this initiative.”

Mercury Insurance portrayed the defeat of Proposition 17 as a blow to consumers. “Proposition 17 was a pro-consumer initiative that would have lowered auto insurance rates for millions of California drivers,” the company said in a statement.

PG&E Corp. stock closed at $40, down 90 cents, on Wednesday, and Mercury General Corp., the parent of Mercury Insurance, closed at $42.18, down 24 cents. Both are traded on the New York Stock Exchange.

Contact the author at: mglover@sacbee.com

Despite Spending $46 Million, California Rejects PG&E

June 9th, 2010

By Paul Hogarth, CALITICS.COM

I’ve been a political campaign junkie for years. And the frustrating part about this job is that after going to Election Night parties, I have to go home and write about it for readers to view the next morning. So if a particular race takes the whole night to resolve, I could be up very late. But I had no problem sticking around the “No on 16″ campaign party last night until 1:00 a.m. – monitoring the results with Supervisor Ross Mirkarimi, State Senator Mark Leno and our good friends at TURN. Because last night’s defeat of Prop 16 was one of the most historic victories in California history. Outspent over 1,000-to-one by a monster utility company, consumer advocates defeated by a 52-47 margin an odious measure that would have cemented PG&E’s (NYSE:PCG) monopoly. To call this a David & Goliath victory does not give it justice. As my friend Robert Cruickshank wrote at Calitics, it’s like “an ant taking down an elephant.” Oh, and Prop 17 failed too.

PG&E is desperate to stop community choice aggregation – where local governments can purchase energy to offer their constituents a “public option” to the company’s monopoly. Proposition 16 would have required a two-thirds vote of the electorate before cities can do community choice aggregation, and cynically dubbed it the Taxpayer’s Right to Vote.

Never mind that taxpayers already have the right to vote out their elected officials – if they don’t support community choice aggregation. Never mind that ratepayers were not given the chance on voting for PG&E as their energy provider. Public power is not even one of my top “issues,” but I was outraged that PG&E would try something like Prop 16.

PG&E shattered campaign spending records with $46 million to pass Prop 16 – ratepayer money that we give them every month when we pay our energy bills. The only organized opposition was TURN (the Utility Reform Network), who only raised $90,000. Bloggers by making “No on 16″ videos, and a hilarious . But the campaign often seemed like a rag-tag army tilting at the windmills.

When I arrived at the “No on 16″ party at Otis Lounge around 9:30 p.m., the results were looking bad. We were down by about three points, but the night was still young. Having watched statewide campaigns for years, I knew it would ultimately come down to Los Angeles County – so I quickly went online to check how we were doing down there.

Not good. The early absentees had Prop 16 winning L.A. County by 13 points, far worse than where we were statewide. If this kept on during the night, it was going to be painful. The public power entity in Los Angeles had just raised rates, and folks at the party said it may be why Prop 16 was doing so well. Small comfort for the largest county in the state.

Mark Toney of TURN was saying we should be proud that we held PG&E to such a close margin, after having been outspent nearly 1,000-to-one – but I cringed when I heard that. We were losing. Sure, we were doing pretty well in Northern California – where people know and hate PG&E, but we were getting creamed down south. Where the votes are.

But as the night wore on, some folks pointed out how well we were doing in counties like Fresno, Madera, and Mariposa. These are conservative places in the Central Valley, but PG&E had alienated these customers with “smart meters.” I checked how we were doing in San Benito County – which political junkies often say is the bellwether of California state politics. We were slightly ahead in San Benito County, but only by about 50 votes.

And the L.A. County numbers were trickling in – slowly, but surely. We were still losing there, but the margin was noticeably trending in our favor. By now, everyone at the party was huddled around a small number of laptops – while I double-checked the Secretary of State’s website with what individual counties were saying. Places like San Diego and Orange County were coming in where we were behind, but we were not losing ground.

Pretty soon, our three-point loss became a one-point lead – and there was a palpable sense in the air that we could win it. I wasn’t convinced yet – scouring the L.A. County numbers to see if this positive trend in our favor was not going to start reversing itself.

When 58% of L.A. County had been counted, we were ahead there. I got up, and boldly shouted that we had won. It reminded me of the scene in Milk, when Jim Rivaldo tells Harvey Milk not to worry about the Briggs Initiative. L.A. County had just come in, and we were going to win. By now, I was sure that we had slain the Prop 16 dragon.

During that whole time, Proposition 17 – Mercury Insurance’s scam to rip off consumers – had been ahead by a wider margin than Prop 16. As we were all fixated on the Prop 16 results, it became apparent that Prop 17 results were following similar trends. By the end of the evening, Prop 17 had likewise had the same fate – it also lost by about five points.

As of 4:00 this morning, Prop 16 is losing 47-53 – with 91.6% of all precincts reporting. Not only is this a stunning rebuke of PG&E, but it is a strong mandate for public power. Californians want a choice in the energy marketplace, and are ready for a “public option” that provides them with competitive rates and renewable energy sources.

And PG&E will deserve every share of anger, rebuke and humiliation coming at it.

Paul Hogarth is the Managing Editor of Beyond Chron, San Francisco’s Alternative Online Daily, where this piece was first published.

2 Industry-Sponsored Initiatives Fail, Despite Millions Spent On Advertising

June 9th, 2010

By Timm Herdt, THE VENTURA COUNTY STAR

Joe Mathews, a New America Foundation senior fellow who studies and writes about direct democracy around the globe, believes this has been a history-making week in the world of ballot propositions.

“Proposition 16,” he said Wednesday, “belongs in the Hall of Fame Of all-time bad initiatives.”

Despite a $46.5 million campaign in support of an initiative written, sponsored by and almost entirely funded by Pacific Gas & Electric Co., California voters rejected Proposition 16 on Tuesday, 52.5 percent to 47.5 percent. It was turned down in 33 of the state’s 58 counties, most strongly in the heart of the Northern California utility company’s service area.

All this despite the fact that PG&E outspent the opposition by a ratio of 465-to-1.

It was one of two single-company-sponsored initiatives to go down. Proposition 17, sponsored by Mercury General Insurance Co. to the tune of $16 million, was defeated 52.1 percent to 47.9 percent.

Mathews said the results could have been foretold. “There’s not a long history of voters carving out specific protections for specific industries,” he said.

The most recent previous example, he noted, was voters’ rejection in 2008 of a T. Boone Pickens-sponsored initiative that would have authorized California to sell $5 billion in bonds to buy specific clean-fuel vehicles that would have been powered by a fuel sold chiefly by Pickens’ company.

Opponents of the measures celebrated Wednesday and praised California voters for their ability to evaluate the initiatives independently and not be swayed by the one-sided barrage of advertising funded by PG&E and Mercury.

“Voters are a lot smarter than self-serving corporations think or hope, or the political consultants who sell their services to these corporations claim,” said Doug Heller of Consumer Watchdog, the group that led the campaign to defeat Proposition 17.

Proposition 16 was sold to voters in relentless television and radio advertisements as the “Taxpayers Right to Vote Act,” and would have required local governments to first get approval from two-thirds of their voters before spending any public money to form a public power authority or create an electricity-buying cooperative for local residents.

But in remarks to investors this spring, CEO Peter Darbee said the objective was to dissuade local governments from even considering the idea. By diminishing the number of elections on such questions, he said, PG&E would save money over time by not having to wage repeated local campaigns to defeat such proposals.

The company could not persuade the two other in-state utility companies to go along with the campaign. Southern California Edison and San Diego Gas & Electric did not support Proposition 16.

PG&E officials laid out the costs of what they intended to spend on Proposition 16, and explained to shareholders that it would be a good investment of their money.

Richard Stapler, spokesman for the campaign to defeat Proposition 16, said it’s likely that Darbee spent much of Wednesday “reading and re-reading the golden parachute clause in his contract.”

For its $46.5 million, Stapler said, “PG&E bought half a generation of bad corporate image for itself.”

In a terse statement issued early Wednesday, the Proposition 16 campaign acknowledged defeat. “Though we believe people should still have a voice in their communities about whether local governments should spend taxpayer dollars to go into the retail electricity business, it’s clear that these issues will need to be addressed community by community,” the statement said.

Critics said one of the primary motivations of Proposition 16 was to prevent communities from taking advantage of a 2001 law that permits local governments to take advantage of a process called “community choice aggregation,” allowing them to form electricity-buying cooperatives to provide residents a choice in selecting electricity providers.

Marin County and seven of its cities have formed the first such entity in the state, San Francisco is poised to follow suit, and other jurisdictions are studying the idea.

Environmental groups say these cooperatives will stimulate green-energy production. Bill Magavern, director of Sierra Club California, hailed the defeat of Proposition 16 “because it would have thrown a huge obstacle into the path of affordable clean energy.”

Stapler, whose No on 16 group raised less than $100,000, said the only advertising it was able to afford was an e-mail blast to 300,000 high-propensity voters last week. It provided links to editorials from some of California’s major newspapers, all except two of which editorialized against the measure.

“It’s a huge testament to the fact that people were reading the newspaper and they were paying attention,” Stapler said.

therdt@VCStar.com

Election: Some Good, Some Bad, Some Ugly

June 9th, 2010

Editorial, THE SAN JOSE MERCURY NEWS

While one of Santa Clara County’s most important races, district attorney, remains too close to call, there were some stunningly clear winners in Tuesday’s state and local primaries, and some squeakers that were nonetheless heartening. Here’s our take so far:

California

With few surprises in the nominees for statewide office, the most exciting results were from the propositions, particularly the defeat of two entirely self-interested, dishonest, corporate-backed initiatives: PG&E’s Proposition 16, a bid to prevent competition, and Mercury Insurance’s Proposition 17, an auto insurance rate scam. Despite multimillion-dollar campaigns, a slim majority of voters saw through them both — a triumph of common sense. What a relief.

We’re also celebrating the strong support for Proposition 14. A significant government reform, it establishes an open primary, which will allow voters to pick a candidate from any party and send the top two vote-getters to a fall runoff. This should lead to more moderates winning office and, we hope, more willingness to compromise.

Unfortunately, in the U.S. Senate primary, Tom Campbell — our favorite GOP pragmatist — lost in a rout to Carly Fiorina, who will challenge Democrat Barbara Boxer in the fall. Campbell, a fiscal conservative but social moderate, has a history of bipartisanship that might find more supporters in an open primary. Polls show he’d have given Boxer a better race in the fall.

Meg Whitman’s decisive victory over Steve Poizner for the Republican gubernatorial nomination was no surprise, given the $71 million of her own money she spent on the campaign, but she also was the better candidate. Having honed her attack strategies on the politically hapless Poizner, she will present a lively challenge to Democrat Jerry Brown   himself a formidable campaigner. We just hope the issues don’t get lost in the crossfire.

Schools

Speaking of big winners, the overwhelming support for bond and tax measures in local school districts was stunning in this economy, great news for kids and a shot across the bow for lawmakers working on the state budget: Voters do care about education.

Santa Clara kickoff

The big victory in the South Bay was Santa Clara’s overwhelming approval of a football stadium deal with the 49ers, a game changer for the region, much like the Sharks were when they brought the first major league team to San Jose in the early 1990s. While the 49ers still have financial hurdles to clear before groundbreaking, the public vote was a big one, and the strength of that support will make it easier to overcome remaining challenges.

San Jose

Pressure for greater fiscal responsibility in San Jose’s budgeting went up a few notches Tuesday, with distinctly conservative candidates making the runoff in two districts. And in the third seriously contested race, District 5, the promising moderate Magdalena Carrasco got nearly as many votes as labor-supported Xavier Campos   once thought to be a shoo-in to succeed his sister, Nora Campos, who is now bound for the state Assembly. We’re happy to see Carrasco in excellent position for the runoff.

Incumbent Madison Nguyen finished first in District 7 as did former council aide Don Rocha in District 9. But each faces a serious conservative in the fall, Minh Duong and Larry Pegram, respectively. Rocha and Nguyen would both be wise to better clarify their positions on city spending and stake out the moderate ground.

Santa Clara County

We’re disappointed that Teresa Alvarado didn’t make the runoff for the District 1 supervisor seat. She has tremendous leadership potential. The front-runner, Los Gatos Councilman Mike Wasserman, will face labor-backed Forrest Williams in the fall. Wasserman’s business background could be beneficial, but he has a huge learning curve on county issues, which are substantially different from Los Gatos’.

As to that lingering district attorney’s race, we’ve got our fingers crossed for Jeff Rosen, who is leading incumbent Dolores Carr. We’re confident he’ll be an excellent and ethical DA.

The Lesson of June 2010: Corporate Power Can Be Beaten

June 9th, 2010

By Robert Cruickshank

In looking at the disparate results of the June 2010 election, there are two themes that stand out to me:

1. Republicans will do what they are told by their corporate masters. Meg Whitman and Carly Fiorina won their primaries because they spent an enormous amount of money to tell Republicans that they should vote for CEOs because they’re smarter than everyone else and more likely to beat the Democrat this fall. That’s it.

Joe Mathews has a good take on Whitman’s victory, but it really does come down to her money. Same for Fiorina. Both dominated the messaging and TV airwaves with their ads, and did so early and often.

But it’s not only the money – it’s who they are. The Republican Party is the party of big corporations, with a voter base that believes big business can do no wrong. Look at the maps: Props 16 and 17 did very well in the Republican-friendly counties of Southern California. Prop 16 went down in the Central Valley partly because of voter anger at PG&E over the smart meters, but in SoCal where PG&E is unknown, Republicans said “sure, let’s give corporations whatever they ask.”

2. Corporations can be beaten. For the rest of California, however, unlimited corporate power is not seen as a positive thing. Letting them dominate and distort our elections with their money is rightly seen as a huge problem, whereas to Republicans it’s business as usual.

The defeat of both Propositions 16 and 17 is a major victory for progressives whose importance cannot possibly be underestimated. PG&E spent $40 million to pass it. The opposition? They spent $100,000. But with groups like the Courage Campaign (where I work as Public Policy Director) pitching in to help educate and organize voters, we were able to mobilize progressive activists to get the word out about this bad proposition, turn out to the polls, and make sure Prop 16 went down. Prop 17’s story was very similar, with opponents being outspent 10 to 1.

We weren’t able to beat Prop 14 or pass Prop 15. The voters really do want major political change, and don’t yet understand the benefits of public funding. But Prop 15 did much better than Prop 89, which suggests victory for clean money is near.

As we go into the fall campaign season, the arc of this election is now clear: it is a battle between corporate wealth and populist democracy. Our victory in Prop 16 and Prop 17 show how we can win that battle. Time to build and organize to win again in November.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Robert Cruickshank is a historian, activist, and teacher living in Monterey. He is a contributing editor at Calitics.com and works for the Courage Campaign, in addition to teaching political science at Monterey Peninsula College. Currently he is completing his Ph.D. dissertation in US history, on progressive politics in San Francisco in the 1960s and 1970s.

Prop. 17: Auto Insurance Measure Appears To Fail

June 9th, 2010

By Justin Berton, THE SAN FRANCISCO CHRONICLE

UPDATE 6:54 a.m. Proposition 17, auto insurance measure, appeared to be headed for defeat. With 99. 1 percent of the precincts reporting, it was losing by 158,000 votes, or 52-48 percent.

***

California voters were divided closely on a measure Tuesday that would change state law to allow insurance companies to raise rates on drivers who let their coverage lapse while allowing insurers to award discounts to those who maintain continuous coverage.

Supporters of Proposition 17 said the ballot initiative, sponsored mainly by Mercury Insurance, would lead to more competition and better rates for consumers who take advantage of “continuous coverage” discounts by sticking with insurers.

But opponents said the proposition would unfairly raise fees for drivers who drop their coverage and would erode consumer rights guaranteed under Prop. 103, the landmark insurance reform measure that voters approved in 1988.

Tuesday’s low voter turnout could help the measure pass, opponents said. Early returns showed the measure gaining support in Southern California counties, while Bay Area counties showed opposition.

“We’re still hoping the votes will come in,” said Doug Heller, a spokesman for Stop Prop. 17. “We were outspent $16 million to $1 million, so we moved away from expectations, and just hoped voters received our message.”

The change in the law would allow insurers to penalize drivers who let their insurance lapse, according to opponents. Under Prop. 103, insurance companies are barred from considering motorists’ coverage history when they apply for insurance.

“It’s a positive sign tonight that voters took a careful look at Prop. 17,” said Kathy Fairbanks, a spokeswoman for the Yes on Prop. 17 campaign. “Voters recognized it fixed a flaw in the system and improved the insurance market.”

The controversial proposition was heavily financed by the Mercury Insurance Group, the state’s third-largest insurer, which contributed more than $16 million to the campaign for the measure.

For months, Prop. 17 has been the target of complaints by Consumer Watchdog, the Santa Monica advocacy group that was founded by Harvey Rosenfield, the author of Prop. 103.

Rosenfield has argued that the measure would allow Mercury and other companies to impose surcharges as high as $1,000 on drivers who have not had continuous coverage.

Drivers who are students, low-income and members of the military on duty in other states would be unfairly punished by the new measure, Rosenfield said.

In February, a state report obtained by The Chronicle through California’s Public Records Act, alleged that Mercury may have engaged for years in illegal practices, including deceptive pricing and discrimination against consumers.

In April, The Chronicle reported that Mercury faced hefty fines after another state report alleged it violated state laws “despite agreements with the state to terminate illegal behavior.”

Last month, Consumer Watchdog filed a complaint with the federal Securities and Exchange Commission, charging that Mercury founder and Chairman George Joseph hired his nephew as an actuary for the firm without disclosing the family relationship to investors.

The company has denied any wrongdoing.

E-mail Justin Berton at jberton@sfchronicle.com.

Voters Defeat Proposition 17, The Mercury Insurance Initiative

June 9th, 2010

NEWS RELEASE

CONTACT: Doug Heller, 310.392.0522 x309; or Naomi Seligman, 310.392.0522 x318

Stunning Upset in $16 Million Campaign to Scam California Drivers

Santa Monica, CA – Ignoring a deceptive $16 million campaign by Mercury Insurance Company, California voters rejected a ballot measure that would have amended 1988 insurance reform Proposition 103 to allow insurance companies to impose surcharges on motorists who were not previously insured or had a break in coverage for virtually any reason. A majority of Californians voting against Proposition 17, despite ads promising $250 premium reductions.

“Once again, David defeated Goliath,” said Harvey Rosenfield, author of Proposition 103, which mandated stringent rate regulation and was passed by voters in 1988 despite an $80 million campaign against it by the insurance industry.

“Californians asked themselves when was the last time an insurance company spent $16 million to save consumers money, and the answer was clear: never. California voters refused to be duped by corporations using the people’s initiative process to enrich themselves at the expense of consumers.” Proposition 17 would have legalized surcharges banned by Proposition 103.

Campaign for Consumer Rights, which led the campaign against Mercury, was outspent approximately 12 to 1. Campaign for Consumer Rights is the campaign affiliate of the nonpartisan, nonprofit organization Consumer Watchdog.

Voters Reject Corporate Takeover of Initiative Process

Consumer advocates hailed the defeat of the Mercury Insurance initiative as proof that California voters do not intend to allow insurance companies or other big corporations to subvert the initiative process. The campaign in support of Prop 17, which was run by the corporate political consulting and advertising firm of Goddard Claussen, lost despite spending about $15 million more than the Stop Prop 17 campaign.

“Mercury spent millions on advertising, PR hacks, and paid spokespeople posing as consumer advocates, senior and business leaders, but the voters saw through the scam,” said Rosenfield. “Like PG&E’s measure, Prop 17 is the initiative that money could not buy.”

The campaign against Prop 17 produced and aired a 15 second television ad and one radio ad, that it developed with its small team of experts, including Chris Lehane, Ace Smith of SCN Strategies and Lisa Grove of Grove Insight.

“The consumer advocates’ vanquishing of the Mercury Insurance initiative scam is a powerful win for consumers and puts a horse’s head into the collective beds of the insurance industry,” said Chris Lehane, an advisor to the Stop Prop 17 campaign.

The consumer advocates opposing Prop 17 worked with a limited budget and a broad coalition. The California Nurses Association, Consumer Attorneys of California, Consumer Federation of California, Brave New Films, VoteVets.org, Consumers Union, California Alliance of Retired Americans, USAA, California Labor Federation, California Democratic Party and hundreds of organizations, groups and individuals joined in active opposition to the well-funded insurance company campaign.

“We are extremely grateful to all the voters, organizations, editorial boards, campaign experts, activists and online friends who took this battle seriously and sent a strong message to companies that want to buy laws through our initiative process,” said Doug Heller on behalf of the Stop Prop 17 campaign.

Group Sees Legal Actions Against Mercury

Consumer advocates noted that over the last five months, state regulators have released documents showing that over the last fifteen years, Mercury Insurance Company repeatedly violated state law, overcharging and discriminating against members of the military, the self-employed, people who worked out of their homes, and consumers who had health problems. Legal documents showed that Mercury also discriminated against those whose last names were difficult to pronounce.

“Mercury should not be allowed to do business in California, much less sponsor a ballot initiative,” said Rosenfield. “We will take all necessary action to make sure this renegade company complies with state and federal laws.”

- 30 -

Stop Prop 17 sponsored by Campaign for Consumer Rights  - a coalition of consumer advocates, nurses and consumer attorneys.

Voters Approve California Open Primary

June 9th, 2010

By Patrick McGreevy, THE LOS ANGELES TIMES

Proposition 14 victory changes future elections for congressional, legislative and statewide offices. An experiment in state-financed political campaigns and two propositions put on the ballot by major corporations are all rejected.

Reporting from Sacramento — California voters went to the polls Tuesday and recast future elections in the state by passing a ballot measure that creates open primaries, one of five propositions on the ballot.

Gov. Arnold Schwarzenegger, who championed the open-primary measure called its passage a “historic change” that “sends a clear message that Californians are tired of partisan gridlock and dysfunction.”

At the same time, voters rejected an experiment in state-financed political campaigns, while tax breaks for buildings retrofitted for earthquake safety passed by a wide margin.

Two other initiatives put on the ballot by major corporations — Proposition 16 requiring voter approval before cities can get into the electricity business, and Proposition 17 giving auto insurance companies more leeway in setting rates — were rejected by voters.

Jamie Court, president of Consumer Watchdog, said he was heartened that those propositions were so close despite tens of millions spent by companies that would benefit.

“I think it says the electorate isn’t as stupid as the corporations think it is,” Court said.

Under an open primary system, voters will no longer be limited to choosing among candidates from their own parties. Proposition 14 puts the top two vote-getters in primary races for congressional, state legislative and statewide offices, regardless of political party, in a face-off in the general election.

Backers of the measure said the shift would produce more moderate candidates because they would have to appeal to a wider group of voters.

The state Democratic and Republican parties opposed the change, as did minor parties.

“It will lead to a spike in backroom deal making [and] fewer candidates to choose from,” said Ron Nehring, state GOP chairman.

Voters were also asked to decide on another proposed change in elections: Proposition 15 would have established an experiment to test public funding for campaigns. The measure, pushed by Common Cause, would have allowed candidates for secretary of state in the next two elections to receive government funding for their campaigns if they agreed to spending limits.

Secretary of state candidates in the 2014 and 2018 elections who demonstrated viability by receiving $5 donations from 7,500 registered voters would have received at least $1 million in state funds for the primary election.

The proposition also would have barred special interests from writing big campaign checks to participating politicians, in an effort to reduce the influence of those contributors.

The measure would have repealed a ban on the use of public funds for state political campaigns, raising most of the money by increasing a state fee charged to lobbyists and their clients.

The California Chamber of Commerce and the Howard Jarvis Taxpayers Assn. opposed Proposition 15, arguing that it would open the door to tapping other public funding, beyond lobbyist fees, for political campaigns.

“With a $20-billion [state] budget shortfall, it’s a horrible idea,” said Richard Wiebe, a spokesman for the opposition campaign.

Pacific Gas and Electric Co. spent $46 million on its campaign for Proposition 16, which would have required local government agencies to obtain approval of two-thirds of voters before providing electricity service to new customers. The measure also would have called for a two-thirds vote before the expansion of service beyond current coverage areas if public funds or bonds were used.

“We think people should have a right to vote when local governments spend their money to go into the electric utility business,” said Robin Swanson, a spokeswoman for the campaign.

The measure was opposed by groups including Consumer Watchdog, which said that PG&E was just protecting its turf and that electricity customers would suffer.

Proposition 17 would have allowed automobile insurance companies to base their prices in part on a driver’s history of insurance coverage, authorizing discounts for those who have kept their coverage even if they changed insurance companies.

The measure, on which Mercury Insurance spent $16 million, would have allowed insurance companies to increase the cost of insurance for drivers who have not maintained continuous insurance coverage.

The least controversial measure on Tuesday’s ballot was Proposition 13 which provides that certain construction projects to make buildings safer during earthquakes will not trigger reassessments that could increase property taxes on the structures.

patrick.mcgreevy@latimes.com

Voters Reject Corporate-Backed Ballot Measures

June 9th, 2010

By Mark Glover, THE SACRAMENTO BEE

Voters rejected two business-backed measures that would have changed the electric power and auto insurance industries in California.

With all precincts statewide reporting, PG&E-backed Proposition 16 was failing with 52.5 percent no votes. No votes on Proposition 17, sponsored by Mercury Insurance, accounted for 52.1 percent of the total.

Proponents of the measures were still holding out hope, with thousands of absentee ballots yet to be counted.

Shannan Velayas, a spokeswoman with the secretary of state’s office, said the number of absentee ballots varies from county to county, so the state does not now know how many are out there. She said it’s in the “tens of thousands.” Counties have until July 9 to report final absentee totals.

Opponents of Propositions 16 and 17 said they were confident, given the numbers. Out of about 3.85 million votes cast, Proposition 16 trailed today by about 185,000 votes. Proposition 17 was failing by about 156,000 votes.

Proposition 16 – formally known as the Taxpayers Right to Vote Act – was put on the California ballot as a constitutional amendment requiring a two-thirds vote before a public utility could extend service to new customers or new territories.

From the beginning, it was spearheaded virtually single-handedly by San Francisco-based PG&E, which spent more than $45 million to persuade voters to approve it.

Proposition 17 was put on the ballot by Mercury Insurance. It would have overturned state law prohibiting insurance companies from considering a driver’s insurance history to set rates, plus allow “loyalty discounts” to customers even if they switched insurance providers.

Mercury poured nearly $16 million into the effort, according to Electiontrack.com.

The company wasn’t immediately available for comment. But Mike D’Arelli, executive director with an insurance lobbying group that supported Proposition 17, called the results disappointing.

“Voters missed an opportunity to extend an auto insurance discount that could have lowered auto insurance rates for millions of drivers,” said D’Arelli, executive director of the Alliance of Insurance Agents & Brokers.

Harvey Rosenfield, the noted consumer advocate who led the fight against the proposition, was scheduled to make a statement later.

Existing law lets insurers offer loyalty (or “persistency”) discounts to long-term customers. Mercury has been fighting for years for the right to extend the discounts to other insurers’ long-term customers in an effort to lure them away. Rosenfield says that because of the “zero sum” regulations governing insurance premiums in California, companies that give discounts to one group have to raise premiums on others. He said newly insured motorists, or those who’d let their insurance expire temporarily, would pay big surcharges as a result.

Proposition 17 proponents said they would continue to pursue a complaint with the Fair Political Practices Commission over the financing of the opposition to the initiative.