Basically, to duck the majority rule, they're instead trying to have "digital property" count like normal, taxable property. That way, all they're doing is changing a definition, not actually adding a new tax. Even then, they've got another hurdle to jump -- the California Assembly, of course, can only tax things bought in California, unless they charge a "use" tax, which is for people things buy elsewhere but only use in California. Which no one ever pays anyway. Yeah, it's weird.
Eventually, they'll probably pull something off -- Apple already charges sales tax in quite a few states, so it's not surprising that California, Apple's home base, would try as well. It seems like politics is making the process a little bumpier than elsewhere, though.