A majority of California voters intend to vote yes to Proposition 36—which would increase penalties for repeat theft and drug offenses—according to a new poll conducted by the University of Berkeley’s Institute of Governmental Studies and released on Aug. 16.
Approximately 56 percent of respondents said they will vote in favor of the proposition, while 23 percent said they are opposed, and 21 percent are currently undecided.
A plurality of Democrats is signaling they will vote for Prop 36—with 48 percent saying they approve of the initiative, 29 percent opposed, and 23 percent who have yet to make up their mind.
Republicans overwhelmingly approve of the ballot measure, with 69 percent saying they will vote for it, 17 percent saying they’ll vote no, and 14 percent undecided.
Across most subgroups in the electorate, voters expressed their support of the proposition.
A majority of those living in urban, suburban, and rural communities said they’re going to vote yes, as did residents in every region of the state. Male and female respondents and Californians of every race expressed their support by wide margins.
Support was also wide among all income levels, with margins slightly slimmer among the lowest income group—those earning less than $40,000 per year.
The only respondents that reported more opposition than support were those that identified as “strongly liberal.”
After district attorneys and law enforcement officials introduced Prop 36, hundreds of thousands of Californians signed petitions to get the measure on the general election ballot in November.
Some retailers and business leaders have voiced their support for the measure, with multiple campaigns working separately to get the initiative approved.
Prop 36 seeks to amend aspects of Proposition 47—passed by voters in 2014 with the goal of reducing prison populations by changing some theft and drug crimes from felonies to misdemeanors.
In the past decade, some law enforcement experts say the changes enacted by Prop 47 have jeopardized public safety and created loopholes—with fewer consequences for certain drug and theft crimes—that criminals exploit.
Some point to the rash of smash-and-grab robberies and retail thefts as a consequence of Prop 47.
Prop 36 would reinstate the ability for prosecutors to aggregate theft offenses to reach the minimum $950 value threshold for stolen goods required to count as a felony, and will give them the option to charge felonies.
The proposition would also prioritize rehabilitation programs to help get drug-addicted criminals help for their disorders. Those convicted of drug-related crimes would be offered a chance to complete rehab programs to avoid prison time.
“Prop 36 takes us back to the 1980s, the War on Drugs, mass incarceration, [and] it promotes a promise that can’t be delivered,” Gov. Gavin Newsom told reporters during a press conference on Aug. 16 after he signed 10 retail theft bills. “I would ask those that support it, particularly mayors, ‘Where are the treatment slots? Where are the beds?’”
He noted that 22 counties in the state lack residential treatment facilities, suggesting it would be difficult and costly to implement the changes ordered by Prop 36.
The governor also said that Prop 36 could lower funding opportunities—which amounted to $95 million last year—that are provided for in Prop 47 for treatment programs and victim services.
“It actually redirects those dollars, it takes them away,” Newsom said in response to a question from The Epoch Times. “Which is remarkable, in and of itself, that that hasn’t been highlighted more.”
Some lawmakers and the governor say the package of retail theft bills recently signed into law are a step in the right direction to addressing the issues and that legislative action is better than the voters’ initiative.
Proponents of Prop 36, however, say the opposite is true and that stronger laws enacted by the will of the voters is needed to protect public safety.
“Whether it’s rampant retail theft causing neighborhood store closures or the growing epidemic of fentanyl overdoses, Californians can’t afford half-measures to address these pressing issues,” the Californians for Safer Communities, the group behind the initiative, wrote on its website. “This bipartisan measure provides common sense, targeted reforms to Proposition 47 that legislative proposals alone are unable to deliver.”
The group said the current lack of consequences is emboldening criminals.
“Smash-and-grab robberies and retail theft are harming businesses and residents in California because those who commit these crimes know they’ll get away with it, even if they’re caught,” the group wrote.
With about 10 weeks to go before the election, proponents and opponents are ramping up efforts to appeal to voters on the proposition.
The poll was conducted between July 31 and Aug. 11 by emailing questions to 3,765 likely voters in California about their opinions on ballot measures. The Los Angeles Times provided some funding for the study.
The margin of error was calculated at plus or minus two percentage points, with a 95 percent confidence level.
