THE NOONER for 10-11-18

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REMINDER: My scott@scottlay.com email address is still in DNS hell. scottlay@gmail.com (where that other email usually goes anyway) is working just fine.

THE NOONER NOVEMBER 2018 ELECTION CONTEST

Here are the current tallies of the picks participants. These are all percentages of participants who predict the candidate will win, of course not how much they will win by. The page is updated live as participants join and make picks.

With 367 participants as of this morning, here are some of the closest projected wins:

In addition, any Nooner Premium subscriber will have a $25 bonus applied to their prize in thanks for their support.

Here is your unique link. If you forward this message, remove the link since it belongs to you. New Nooner email subscribers (paid or unpaid) will be get their own link between now and the contest close.

You can come back to change your picks any time up to 12pm on Election Day--November 6.

Only the top 25 participants will be shown, but the individual race answers will not be listed. As I've done in the past, I will have a "Wisdom of the Crowds" page showing the percentages of each of the answers after there is a sufficient sample size of participants.

For comparison purposes only: In the same period in 2014, Republicans had an edge of +2.4.

An astute reader caught a few errors on the voter registration worksheet (AD43, AD49, AD53) that occurred when I was translating the SOS data for input in to my database. I think things are okay now, both on the website and spreadsheet that compares with 2014.

Nooner Premium subscribers: If you did not receive the special email with the link to my new weekly Premium election memo yesterday, email me and I'll send it to you as an attachment.

THE CONGRESSIONAL LANDSCAPE, RANKED: From my perspective based on several objective and subjective indicators, here is the landscape as I see it, ranked in order of competitiveness. This is competitiveness overall, going in either partisan direction. Thus, CA49 is less competitive than CA50, because while both are more likely than not to flip parties, CA49 is far more likely to.

Yet, even though CA49 is "likely" while CA21 and CA22 are "lean," there will be plenty activity in CA49. This is a ranking of competitiveness down the stretch, not of partisan likelihood. It just works out this year that the truly competitive races in California are all Republican-held seats. The hope at the beginning of the cycle was that CA07 would be competitive, so I list it, but it really is not and is not being played in by parties or significant PACs.

There is truly nothing scientific in this ranking and I'm sure I'll hear from some of you with ideas of re-ordering, which is fine.

U.S. SENATE: The Public Policy Institute of California has announced that it will be hosting a conversation with Senate candidates Dianne Feinstein and Kevin de León on Wednesday, October 17, 2018 from 11:45am-1:15pm in San Francisco. While space is limited, the event will be live-streamed. You can register to watch the live-stream and will receive a reminder.

de León's camp is unhappy that it's a conversation format rather than a debate that allows the candidates to address each other, but at least he'll share a stage with her. Feinstein hasn't "debated" since 2000, which was against Tom Campbell.

GOV: For CALmatters, Ben Christopher profiles GOP gubernatorial candidate John Cox. "In nearly a half-dozen campaigns for Congress, U.S. Senate and yes, even the presidency, Cox has embraced the persona of the anti-politician assailing a corrupt establishment. The strategy hasn’t worked yet. But as he seeks to become governor of California, the 63-year-old lawyer, accountant and investment manager is hoping 2018 will be different."

PROP. 6: In the Bee, Alexei Koseff tries to make sense of how much the gas tax really costs the average driver. Alexei, can you translate that into rideshare fares?

$$$: In the Times, Liam Dillon writes that a new analysis that eliminating the carry-forward of base property taxes for vacation and second home properties to the heirs of the decedent could raise $2 billion to the state and local entities. Proponents of eliminating the carry-forward argue that Proposition 13 protections were meant to protect residential homeowners, and a Times analysis found many cases in which well known wealthy individuals inherited property on beaches and elsewhere and are paying decades-old valuations.

The analysis was from the Legislative Analyst's Office as part of the fiscal analysis for a proposed 2020 initiative on multiple issues sponsored by the California Association of Realtors. That measure was cleared for circulation yesterday.

BALLOT BATTLES (that few understand): For CALmatters, Dan Walters gives the 'splainer on what Propositions 8 and 11 mean and why voters are deciding them on next month's ballot.

MIXED MESSAGES: While the tech content industry is divided between content and delivery providers over the federal government's lawsuit against the California's new net neutrality law, the are also pushing Washington to block the state's new consumer privacy law. McClatchy's Emily Cadei reports "Representatives for Google, Twitter, Apple, Amazon, AT&T and Charter Communications argued before the same Senate committee on Sept. 26 that Congress needed to pass a federal data standard to prevent a “patchwork” of state laws, like California’s."

PROP 4 (children's hospitals bond): This is a a post I made yesterday on Facebook:

Since I write on politics, I don't endorse, contribute, or get active in campaigns anymore. But, I'll explain and put in a good word for Proposition 4--the children's hospital bond.

Why is there a proposed bond for children's hospitals, when several of them are private, non-profit and not public hospitals? It has to do with Medi-Cal reimbursement rates. Children are disproportionately on Medi-Cal through the state's expansion through the Healthy Families program, which is the state's implementation of the federal "CHIP" program that you have likely heard of during federal budget stalemates.

Well, Medi-Cal reimburses at a lower rate than private insurers do. The designated children's hospitals that are eligible under Proposition 4 serve a disproportionate share of kids covered under Healthy Families/Medi-Cal. That makes it difficult for those hospitals to create a safe, caring environment available to those who pay privately or have private insurance and can pick and choose where to go.

Without the federal government increasing the Medicaid/CHIP reimbursement rates, either the hospitals fall into disrepair, capital construction costs are shifted to private-pay children, or a state solution is found. We could raise provider Medi-Cal for children rates across-the-board, but that would benefit some for-profit hospital corporations or non-profits that have a relatively small share of Medi-Cal children. That would come from the state General Fund. Or, we can issue a general obligation bond serviced by the General Fund, with requirements for non-profit recipient hospitals. This is the best state solution.

For the third time (both previously successful), the children's hospitals are seeking a bond to fund the construction and renovation of their facilities. All of them are non-profit, and all must meet certain accountability and service thresholds.

The bond is for $1.5 billion, which is for twelve eligible hospitals, including each of those affiliated with a UC campus.

For those who have known me for a long time, you know that I spent lots of time staying in Children's Hospital of Orange County with crappy lungs. I lost a lot of friends there. Later, I was happy to work there for three years in the Pediatric Intensive Care Unit.

I'll leave it that. I won't tell you how to vote, but I believe it makes fiscal sense in the overall state fiscal context (which is very strong). And, I just completed my ballot, and I was happiest when I was filling up that bubble.

Note: I have zero professional relationship with the bond measure and nobody asked for this message, but I owe it to them for what they gave to me and my friends when we were children at CHOC.

THE POLITICAL CENTRIST IN THE TIME OF TRUMP documentary asks, why are our politics so angry, polarized, partisan, biased, petty, perturbed, sexist, uncompromising and fraught with financial paybacks?
View for free on Amazon Prime.

MINIMUM WAGE: For Voice of OC, Thy Vo writes that Anaheim's Measure L, the $15 --> $20, then inflated minimum wage initiative proposal on the ballot, may apply to GardenWalk Mall across from Disneyland and the DoubleTree Hotel next to the Convention Center, and not just to Disneyland and the four luxury hotels discussed by proponents.

GardenWalk has a collection of chain restaurants including Bubba Gump's, California Pizza Kitchen, Cheesecake Factory, House of Blues, Johnny Rockets, McCormick and Schmicks, P.F. Changs, and Roy's, in addition to more than a dozen retail stores. In the spring, a movie theatre is scheduled to open. I've never been there but I think I would go a few blocks to eat at a family-owned Vietnamese, Korean, or Mexican restaurant. Aside from better food, they don't get tax incentives.

California's minimum wage is currently $11/hour ($10.50 for employers with 25 or fewer employees). Under SB 3 (Leno--Chapter 3, Statutes of 2016) is scheduled to go to $12/hour on January 1, 2019, $13/hour on January 1, 2020, $14/hour on January 1, 2021, and $15/hour on January 1, 2022. Employers with 25 or fewer employees have a slower escalation that reaches $15/hour on January 1, 2023. Annually after the respective wages reach $15/hour, the minimum would be increased by inflation annually by the consumer price index, with a maximum of 3.5% in any given year, although it would not be reduced in negative CPI years.

Measure L imposes the faster path to $15 on developments associated with the Disneyland Resort that have received specified targeted tax incentives by the City of Anaheim. Disneyland Resort itself has already reached collective bargaining agreements with its union employees to move to $15/hour on January 1.

There is no easy solution. Cities draw in large developments/redevelopments through tax incentives. In the long run for the city it makes sense. However, it creates a patchwork of inequality for businesses. So would Measure L. California's minimum wage does not have a tip calculation as many states/cities do. The serving employees at the big chain restaurants will be making $15 plus tips That could easily be $25-$35/hour at those branded, high-ticket restaurants. Meanwhile, the working mom at IHOP one block away from GardenWalk will be $12/hour plus tips, which might work out to $20/hour.

And, yes, let's not ignore the social equity issue as to who is hired to work as a server at House of Blues versus IHOP. One benefits from a higher wage because their employer got a tax incentive and one doesn't because of their demographic. (Yeah, try proving employment discrimination in cases where hundreds of applications a month come in.)

Another inequity is that many tip-earning employees "tip-out," or share their tips, to those who do not directly receive tips, such as kitchen staff, bussers and hosts. Most larger restaurants have a formalized system, although enforcement is tricky. Smaller restaurants and varying models ("full-service" vs. "fast-casual") make equity more difficult to determine. I'll admit, when I got two "paleo" burger combo meals (yes, that's with fries) at Burger Lounge before "A Star is Born" on Sunday, I didn't know how much to tip for the order at the counter that was later brought to the table. Since it was on a card, that's tracked. If it was in the jar, it's up to the manager.

The tipping issue is really complicated because of tracking. Obviously, tips by credit card are easily tracked, but what about that $100 bill I would leave for a hotel maid at Thanksgiving or Christmas if I was traveling at the time? (That's when I had a nice salary.) That can't be tracked (and I would do that also with a smaller, but large cash tip at a restaurant at that time of year, even if I paid with a card).

The problem is patchwork policy, and it applies both ways. A patchwork of tax incentives. A patchwork of minimum wages. There is no such thing as the Kingdom of Disneyland Resort, so there is no easy way to create policy. Both tax incentives and triggered minimum wages create unfair playing fields for business (particularly small businesses) and employees.

To be honest, if Measure L was on my ballot when I filled it out yesterday, I don't know what I would do. It's a true policy quandary.

DEPT OF CORRECTIONS: Of course, I was talking about CA49 (Oceanside) yesterday in the Bloomberg independent expenditure, not CA48. And my fingers typed "Conversation Voters" on the same item. It's of course the green type and not necessarily the talkative type.

Add your classified of up to 100 words by emailing scottlay@gmail.com for $40/week.

GOP At Risk Of Losing Several Key Governorships At A Crucial Political Moment
Evan Halper @ latimes.com

In governor's races throughout the nation, the GOP's lock on state power is in serious jeopardy as candidates in even the reddest states struggle. GOP losses in the states will reverberate for years, as the winners in November will be drawing the next decade's political boundaries.

Midterm fear factor: Republicans, Democrats stoke anxiety over health care, rule of law

In closing arguments to voters, the GOP is painting Democrats as extremists, while Democrats portray Republicans as a threat to Americans with preexisting medical conditions.

Kavanaugh Backs Trump Administration On Jailing And Deporting Immigrants For Crimes Committed Years Earlier
David G. Savage @ latimes.com

The Supreme Court will review a California case that will decide whether long-time legal immigrants will be arrested and jailed for past criminal convictions.

Democratic Senators Demand Pompeo Reverse Visa Denials For Lgbtq Diplomats' Partners - Politico
JESUS RODRIGUEZ @

A supporter of LGBT rights holds up an "equality flag" on Capitol Hill in Washington on Wednesday, July 26, 2017. | Jacquelyn Martin/AP photo

Webcast Registration - Public Policy Institute Of California
ppic.org

For information on all upcoming PPIC events, visit our events page.

The Health 202: Republicans and Democrats paint scary visions for health care if the other side wins

Here's a reality check.