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Re: “If You Liked Citizens United, You'll Love Prop 32

Rosie, I've read the proposition too. While its wording is very simple, it's also very deceptive. True, it stops corporations from spending money, however if you look at the "definitions" portion of the proposition, here's how corporations are defined:

"'Corporation' means every corporation organized under this state, any other state of the United States or the District of Columbia, or under an act of the Congress of the United States."

Still simple enough, right? Written in plain English. Unfortunately, the definition is written in legalese, which as we know, is not really plain English. WHAT THE PROPOSITION DOESN'T DO is prohibit other forms of business, besides Corporations, including LLCs (Limited Liability Companies) and LLPs (Limited Liability Partnerships), from contributing money to political causes. This is where the loopholes are.

Why does this matter? It matters because LARGE corporations operate many different subsidiaries. For example:

Under Prop 32, Chevron Corporation would be prohibited from spending money on legislation that would allow drilling off of the California coast. The loophole: The venture capital subsidiary of Chevron that funds new exploration and energy acquisition (drilling), Chevron Technologies Ventures, is a Limited Liability Company (LLC), NOT a corporation. Chevron Technologies Ventures, LLC would NOT be prohibited from spending money on legislation that allowed drilling off of the coast of California. There's your loophole. And don't think for a second that Chevron is the only Corporation that has subsidiary LLCs.

The online division of WalMart, Inc., is, LLC. Guess which of those two entities would still have a say in California's politics. Halliburton, Inc. has Halliburton Affiliates LLC. The list goes on. Any major Corporation that you can think of has a subsidiary LLC that would not be prohibited from funding political issues in California.

You see, the definition of "Corporation," is in this proposition is strictly legal. Mention Corporations or "Corporate Greed" to the average voter, and their reaction is visceral. Mention all of the entities not covered by Prop 32: corporate subsidiaries, LLPs, LLCs, Sole Proprietorships or Trust Companies to the average voter, and their reaction is confusion, or worse yet, apathy. THIS is what the authors of Prop. 32 are bargaining on.

Labor Unions are the only check against these corporations in the political arena, and their voices WOULD be silenced. THE SILENCING OF LABOR'S VOICE IS THE ONLY CHANGE THAT WOULD COME FROM PROP 32.

4 likes, 2 dislikes
Posted by MorganOAK on 08/19/2012 at 1:44 PM

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