Proposition 36 is largely backed by big retailers and groups representing law enforcement. It has received about $16 million so far.
Sacramento State Political Science Professor Wesley Hussey said this level of spending is more common for measures dealing with industries like finance or gambling, but not criminal justice measures.
“I am surprised how much money I've seen donated from the retailers,” he said.
Walmart, for example, has given over $3 million. Target and Home Depot have each given $1 million. In-N-Out even gave $500,000.
They’re outspending opponents to the measure by about 3-1.
The opposition has received nearly $6 million in contributions, including $1 million last week from Patricia Quillin, who is married to the CEO of Netflix and often gives large donations to Democratic causes.
Hussey said that money might be coming a little late — a recent UC Berkeley poll found that about 60% of likely voters back the measure.
“Once a measure kind of reaches a certain amount of knowledge and information among voters, it's hard for just a single individual or a well-known campaign to kind of move voters just by themselves,” Hussey said.
He added that’s likely why Governor Gavin Newsom hasn’t given money and isn’t formally campaigning against it, even though he’s spoken out frequently against the measure.
Proposition 36 would raise penalties for some crimes by repealing aspects of Proposition 47, passed by California voters in 2014. That measure decreased penalties to address prison overcrowding.
Specifically, Proposition 47 lowered some theft and drug-related crimes from a felony to a misdemeanor. It made exceptions for defendants with certain violent prior convictions. It also redistributed the money the state saved by incarcerating fewer people to a victim compensation program and to community organizations that provide addiction treatment.
Proposition 36 would generally turn these misdemeanors back into felonies. It would also lengthen some prison sentences and require more felonies be served in prison. Courts would also be able to mandate drug treatment for people charged with possessing illegal drugs.
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