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This election, your vote is going to count on every candidate and proposition. That is, all of them except one.

Proposition 9 was removed from the ballot in July by a unanimous vote in the California Supreme Court. Prop 9, known as “Cal 3” by its author, proposes California be split into 3 separate states: NorCal, California, and Southern California. The court pushed it to the 2020 ballot, stating “that the potential harm in permitting the measure to remain on the ballot outweighs the potential harm in delaying the proposition to a future election,” according to court documents.

The controversial decision puts Californians in limbo. Although every guideline was met to put the issue to the vote, in less than ten days, the Court had determined its fate. As one of the few examples of true direct democracy in America, some are taking this vote offensively.

A “yes” vote on proposition 9 would have sent a request to U.S. Congress to split California into three states. NorCal would have consisted of most of the Bay Area, with San Jose being the largest city. California, the smallest of the proposed states, would be a strip along the coast between Monterey and Los Angeles. Southern California, the largest by population, would have consisted primarily of agricultural lands, with San Diego, Fresno and Riverside counties, among others.

A “no” vote would have struck down the new borders, something Tim Draper is familiar with.

Draper, a Silicon Valley investor and billionaire, proposed the three-way split. This is not the first time he has, either. In 2013, Draper proposed “Six Californias,” a similar measure to Cal 3. The venture capitalist was able to garner over 400 valid thousand signatures statewide in support of his proposal. He claims it will make California “more governable” and allow more Senate seats in representation. Opponents say it is a personal plot to break apart the more liberal areas of California and gain more Republican representation in the Senate.

No matter where you fall on the issue itself, the decision to remove it from the ballot raises questions. The Supreme Court of seven successfully used their voices to overpower a significant number of their constituents, a power used in 2013 as well. It’s a complicated issue and it’s important to know where you stand.

The Express Editorial Board does not believe the state senate should have taken the proposition off the ballot. Although, if it had been on the ballot we would have endorsed a “no” vote.

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