Election Question: What Happens if Both Measure C And Measure D Pass?

Here's what happens if they pass, or even if they both get more than 50% of the vote

This is complicated.

On Tuesday voters in San Diego will have multiple options before them. As the resident sports guy I’m going to try and clear up a few things about the ones that apply to the local professional football team: Measure C and Measure D.

Measure C is commonly known as “The Convadium Plan.” Authored by the San Diego Chargers, it is asking for a hotel transient occupancy tax (TOT) increase to help build a new stadium/convention center annex in Downtown San Diego. The team and NFL would kick in $650 million while the TOT is designed to generate more than $1.15 billion for construction and maintenance over the next 30 years, during which time the Chargers would commit to staying in San Diego.

Measure D is commonly known as “The Citizens’ Plan.” Authored in part by local attorney Cory Briggs, it is asking for a smaller TOT increase (5% vs. 6%) than “The Convadium Plan” that would open up a bevy of redevelopment projects in San Diego. The key points here are paving the way for an expanded convention center, prohibiting the waterfront expansion of the existing convention center, and allowing the Mission Valley land where Qualcomm Stadium currently sits to be sold for educational or park use.

Although both Measures are a lot more complex, that’s the nutshell version. However, both of them have some intriguing intricacies that could come in to play, the largest being one very interesting question:

What if both initiatives are passed by voters? Grab some popcorn. This is going to take a minute.

Based on the way they were written and the timing of their filings, “The Convadium Plan” needs a two-thirds vote to pass while “The Citizens’ Plan” only needs a simple majority to pass. That makes it a lot easier for the latter to take effect.

If both of them reach the required vote totals then the Chargers plan will win because it received more votes. If the Briggs plan gets more than 50% of the vote and the Chargers plan falls below 50% of the vote, “The Citizens’ Plan” passes and the “The Convadium Plan” goes away. That’s all pretty cut-and-dry.

However, if both initiatives receive more than 50% approval from voters then the only thing we can say with guaranteed certainty is we will not have a resolution on this on Wednesday morning. Briggs will claim a victory. So will the opponents of the Downtown stadium initiative because Measure C did not pass. And likely so will the Chargers.

The reason for that is, even though the Bolts initiative will have technically been voted down, they might have a legal path to resurrecting it. You may recall that last week they filed an amicus brief, which is a legal document filed in appellate court cases by entities that are not directly involved with the case but have a strong interest in it.

There is a case sitting in the Supreme Court of California involving the California Cannabis Coalition that could potentially subject Measure C to a simple majority vote.

So, if the Chargers get greater than 50% then we have to see what determination the Court decides on the case. If the Court rules in a manner that changes Measure C to a majority vote, then both Measures C and D technically passed and the certification of the election would likely have to be delayed.

In the meantime, we would have to look at the specific vote totals. If Measure D passes with a greater percentage than Measure C (for example, 53% to 52%) it wins regardless of the Supreme Court decision, at least at the start. San Diego City Attorney Jan Goldsmith has already stated he feels Measure D should be subject to the same two-thirds vote that Measure C is currently under. Others claim it violates the single-purpose provision of California’s citizens’ initiative process.

Basically, expect a court battle or two if Measure D passes. Even if the percentages are reversed and Measure C has a higher vote total, its outright approval depends on that Supreme Court decision. It’s a confusing scenario but in the end, Measure D could be the odd initiative out.

So what is the time frame on all of this? There isn’t one. Although the Chargers have requested it be expedited, the Supreme Court can decide on its own when to make its ruling on the Cannabis Coalition case that would impact Measure C’s voting threshold. It could take well in to 2017, perhaps even after the Chargers start their July training camp.

That would basically keep the team in a holding pattern and guarantee they stay in San Diego for at least one more season. Unless, of course, they simply lose patience, give up on the legal process and take the option to join Stan Kroenke and the Rams in Los Angeles.

If they are stuck in legal limbo for a while a more likely scenario is this:

Chargers Chairman Dean Spanos goes to San Diego Mayor Kevin Faulconer and says listen, more than half the people want a new stadium Downtown. You endorsed that plan so let’s drop all these legal proceedings and put together a new plan, together this time; a plan that we can both trumpet as the best plan for both the Chargers and the City of San Diego.

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