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initiative, referendum, and recall tax policy

The Legislature That Couldn’t Tax Straight

“If you lost count of how many new and higher taxes state lawmakers passed this year,” begins Jerry Cornfield’s recent column in the Everett Herald, “it was 12.”

Cornfield doesn’t appear too distressed about the tax hikes, however, worrying instead that Evergreen State voters will be “awash in tax advisory measures this fall.”

That’s because for every tax increase the Washington State Legislature enacts without putting it to a vote of the people of Washington, an advisory vote is mandated by Initiative 960, passed by voters back in 2007.

So 12 tax increases = 12 tax advisory votes. 

“We wouldn’t be talking about advisory votes and providing Eyman a platform for politicial [sic] ministering,” Mr. Cornfield complains, “had Democratic lawmakers gotten rid of them by passing Senate Bill 5224.”

Seems odd somehow that a newspaper columnist would be berating politicians for not passing a law to silence voters regarding tax hikes. Democrats could have done so without a single Republican vote. SB-​5224 did pass the Senate, but it was blocked in the House by the Democratic Speaker — “democratic,” thankfully, in more ways than one.

Eyman is Tim Eyman, the state’s anti-​tax initiative leader. His group, Voters Want More Choices, spearheaded Initiative 960, which from 2008 to 2018 required 19 tax advisory votes. Voters have expressed opposition to 12 of the 19 tax increases passed by the legislature — 63 percent — and support for seven. 

“It’s a tax increase report card,” explains Eyman, “and the Legislature this year gets an F.” 

A grade that was certainly earned.

This is Common Sense. I’m Paul Jacob.


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initiative, referendum, and recall subsidy

Subsidizers May Be Checked

“FirstEnergy Solutions might not want to spend its bailout money just yet,” warns a story in Crain’s Cleveland Business. 

At issue? A possible statewide referendum on House Bill 6.

HB6 would, according to the Cleveland Plain Dealer, “gut Ohio’s green-​energy mandates and set up customer-​funded subsidies to nuclear and coal power plants.” It passed the majority Republican state House “thanks to key support from several House Democrats.”

Passage of HB6 through both houses of the Ohio Legislature and its signature by Governor Mike DeWine would force Ohio ratepayers to fork over roughly $150 million in subsidies to FirstEnergy Solutions for its two nuclear power plants.

Except for one thing — in Ohio, voters possess a powerful political weapon: the referendum. 

Already a diverse coalition of opponents to the bill has formed Ohioans Against Corporate Bailouts, filed a referendum and kicked off a petition drive that has “until October 21, 2019, to collect the 265,774 required signatures.”

“HB6 has created some strange bedfellows,” the Plain Dealer notices, including bringing together “environmental groups, the fossil-​fuel industry, renewable energy companies, and some small-​government activists” in opposition.

“Many of the forces that fueled the Trump presidency, before 2016 — I’m talking the Tea Party and others — could be supportive in undoing this bill,” explains Paul Beck, former chair of Ohio State University’s political science department. “And so could people on the left. You may find an incredible divergent group of people aligned with each other.”

“Liberals hate that it subsidizes dirty coal plants,” reports Crain’s. “Many conservatives hate that it picks winners and losers by subsidizing one industry over another.”

Thankfully, the fate of the giveaway rests in the hands of Ohioans, not their subsidy-​loving representatives.

This is Common Sense. I’m Paul Jacob.


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initiative, referendum, and recall

Democratic Dreams

On Wednesday, I said we should, to borrow the vernacular, “have a conversation” about a national referendum.

Billionaire investor, environmentalist, and Democratic presidential candidate Tom Steyer proposed the idea, which I’ve loved conceptually since my friend, former Alaska Sen. Mike Gravel (also a Democratic presidential candidate), first advocated it decades ago.

But that ol’ devil — he’s in the details. (Decidedly not the latest lingo.) What might a national initiative and/​or referendum process look like?

Given that it would require a constitutional amendment — meaning ratification by 38 of the 50 states — the process must win broad support to be enacted.

Here’s what I propose: Allow any statutory initiative measure to be petitioned onto a federal General Election ballot with signatures equaling 6 or 8 percent of the country’s population* and as verified by election officials in each state. Require a concurrent majority, whereby for a measure to pass it must garner not only a majority of the vote nationally, but also a majority vote in at least 20 states — or even in a majority of the states.

An initiative proposing a national constitutional amendment should do more. Require, say, a petition signature threshold of 10 or 15 percent and not merely a majority of the vote nationally to pass, but mirroring the current amendment process, mandate a majority in each of at least 38 states.

If U.S. Term Limits is successful in getting 34 states to call a convention to propose an amendment for congressional term limits, a national referendum process could follow in those footsteps. 

Talk about two ideas that will pop blood vessels in the heads of professional politicians and their special interest cronies!

Dare to dream.

This is Common Sense. I’m Paul Jacob.


 * This should simply follow the figures of the most recent census, of course.

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initiative, referendum, and recall political challengers term limits

A Different Conversation

“Here’s the difference between me and the other candidates,” says billionaire investor-​turned-​presidential aspirant Tom Steyer. “I don’t think we can fix our democracy from the inside. I don’t believe Washington politicians and big corporations will let that happen.”

Of course, if this Democrat becomes president of these United States, that’s hardly the outside.

“For me,” Steyer continues, “this comes down to whether you trust the politicians or the people.”

Well, I certainly trust the people a whole lot more than I trust the politicians.* 

“If you say you trust the people, are you willing to stand up to the insiders and the big corporations and give the people the tools they need to fix our democracy?” Steyer asks. 

Which tools? “A national referendum, term limits, eliminating corporate money in politics, making it easy to vote.”

The toolkit’s a mixed bag.

Eliminating corporate money means repealing part of the First Amendment, and silencing non-​profit corporations such as U.S. Term Limits, MoveOn​.org, the NRA, Planned Parenthood, National Right to Life, etc., etc. 

Mr. Steyer also worries that, without reform, “We won’t be able to … pass any of the great plans proposed by the Democratic candidates running for president.”

We should be so lucky.

Still, here is another Democratic presidential candidate endorsing congressional term limits. And we do need a direct democratic check on Washington, the ability for citizens to initiate reforms such as term limits and take unpopular legislation to a referendum. 

I’m not sanguine that Steyer will get the policy details right, but as fellow Democratic candidate Sen. Kamala Harris is fond of saying, “Let’s have that conversation.”

This is Common Sense. I’m Paul Jacob.


* Constitutional protections for our basic rights, as in The Bill of Rights, mean we do not have to trust government, directly democratic or representative.

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education and schooling initiative, referendum, and recall tax policy

Taxing Panicsville

There is a big problem with Delaware school districts asking voters for additional tax money via ballot referendums. You see, sometimes the people don’t vote the way school officials and politicians want.

Have no fear: Rep. Earl Jaques (D‑Glasgow) has authored House Bill 129 to solve this thorny problem. 

“This bill creates a mechanism,” its official summary reads, “by which school boards may increase funds for a school district both with and without a referendum.” 

Meaning, of course, without a referendum … since current law requires a public vote. 

“That way, [school districts] know the money is there if they need it, and they don’t abuse it because they know it’s there,” explained Jaques. “The problem with the referendum system is that they have to ask for more than they actually need, because they know it’s going to be a long time before they can come back.”

“Despite his assurances that the system would not be abused,” the Dover Post reports, “technically, school districts could raise taxes by 2 percent each year.” Or by any increase in the Consumer Price Index, whichever is higher.

Inexplicably, three stories — in the Dover Post, Newark Post and Delmarva Now — told readers it was the “lower” of the two. The bill clearly says the “higher.” Odd that media outlets would not grasp the ever-​so-​subtle difference between the words “higher” and “lower.”

“Everybody’s in ‘Panicsville,’ but it’s really not that way at all,” offered Jaques. “We, my colleagues in the legislature and I, could raise your income tax right now, and what’s your recourse? Vote us out at the next election.”

Excellent advice.

This is Common Sense. I’m Paul Jacob.


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Fourth Amendment rights initiative, referendum, and recall

Big Brother or Barney Fife?

Alaska, Washington, Oregon, Montana, Missouri, Oklahoma, Louisiana, New Hampshire — these are the states that have shouted a big NO to the Federal Bureau of Investigation’s citizen scanning agenda and its database of 640 million faces. 

“As the FBI amasses hundreds of millions of photos for its facial recognition program (with little in the way of safeguards),” asks J. D. Tuccille in Reason, “is it also going to force us to bare our faces for cameras as we move through an increasingly surveilled country?”

Tuccille suggests wearing hats big enough to cover our faces from intrusive cameras. 

Most states do not prohibit surveilling people en masse or at random. And though Kimberly J. Del Greco, deputy assistant director of the FBI’s Criminal Justice Information Services Division, assures us of the operation’s above-​board character — “there have been no findings of non-​compliance, and no observations of unauthorized requests” — the possibilities of abuse are precedented … by past government surveillance.

So, is it any solace that it has so far proved wildly inaccurate? 

Sure, the aforementioned Del Greco claims the FBI’s algorithm is 99 percent accurate. But another study found one system in place with a sorry 98 percent inaccuracy rate. “It’s a creepy police state as administered by Barney Fife,” writes Tuccille. And while that is “pretty damned funny,” it would be not even a little bit funny if “you’re arrested based on a bad match.”

Constraining governments to forswear such practices on the streets, malls and public places of America is surely a good candidate for citizen use of initiative and referendum rights, where available — in states and cities around the U.S.

For these are not supposed to be the United States of Big Brother.

This is Common Sense. I’m Paul Jacob.


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