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initiative, referendum, and recall term limits

The Perfect Couple

A marriage made in … democracy? 

Last Thursday, at the 2018 Global Forum on Modern Direct Democracy, held at the Palazzo Senatorio in Rome, Italy, I talked about term limits. And initiative and referendum rights.

Italy’s populist Five Star Movement, the leading party in the new ruling coalition, supports both expanding direct citizen-​initiated democracy and the idea of limiting politicians to no more than two terms in office. So, imagine my enthusiasm on a morning panel of Italian academics, public officials, and practitioners of initiative and referendum.

I urged them to marry the two issues — term limits and direct democracy. Together, they counter-​balance the clear conflict of interest elected officials have with doing the will of the people.

“The citizens are ready,” offered Flavia Marzano, Rome’s City Minister for Citizens Participation, referring to direct democracy. “Maybe so far, politicians are not so ready.” 

She added, “We should merit the trust of the citizens.”

That afternoon, in keeping with the forum’s focus on cities, I delivered a short note on how after Nashville, Tennessee, voters passed term limits in 1994, the Metro Council has peppered the ballot with re-​votes in 1996, 1998, 2002, 2015 and now again this November.

Thankfully, what seems like a novel idea in the political world was just common sense at the Global Forum. Here they recognize that, all over the world, people want to be free from tyranny. And all over the world, voters see term limits as an important way to prevent fiefdoms of incumbency, political stagnation and entrenchment, even dictatorship. 

This is Common Sense. I’m Paul Jacob.

 


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Categories
ballot access incumbents initiative, referendum, and recall term limits

Intentionally Confounding Incumbents

The three issues on the ballot in Memphis this November are “not complicated,” writes Commercial Appeal columnist David Waters, “unless you read the actual ballot questions.”

Which is all most voters will see.

All three directly affect the self-​interest of members of the Memphis City Council, which placed them on the ballot and determined the language voters will attempt to decipher. 

Waters called that ballot wording “incomprehensible” and “intentionally confounding.” His newspaper colleague, Ryan Poe, accused the council of “trying to stack the deck.”

The first measure would weaken the council’s term limits, passed in 2011 with a 78 percent vote and just about to kick in. The ballot language, Mr. Poe explains, “reads like voters are being asked to place limits on council members … rather than extend them.” By an extra term.

The second issue would repeal Instant Runoff Voting (IRV), which was brought forth by citizen petition and enacted via a 71 percent yes vote. The confusing ballot wording brings up a 1991 federal court decision without providing voters any context or explanation.

Though IRV has not yet been used, council incumbents fear it.* This becomes especially clear when you discover that the third ballot question is actually a sneakier, second attempt to repeal IRV.

“Instant runoffs, and run-​off elections in general, tend to make it easier for challengers to unseat incumbents in multi-​candidate district races,” argues Waters. He adds, “Incumbents generally become stronger the longer they are in office.”

To incumbent politicians, reform is a dirty word. 

This is Common Sense. I’m Paul Jacob.

 


* Back in February, the council was caught paying a lobbyist to convince state legislators to restrict their city’s ability to implement Instant Runoff Voting. 

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Categories
Accountability government transparency incumbents initiative, referendum, and recall local leaders nannyism political challengers Regulating Protest term limits too much government

Strange It Is

Strange for the Arlington, Texas, City Council to hold a meeting on a Sunday evening, much less one to “consider suspending the city charter.”

That is how the Fort Worth Star-​Telegram reportedthe latest twist in the term limit controversy that has engulfed the city with a lawsuit and competing ballot proposals.”

Led by Zack Maxwell, citizens in this Fort Worth adjacent community of 400,000 gathered 11,000 voter signatures to place a term limits charter amendment on the November ballot. It would limit councilmembers to three two-​year terms. It also figures in past service, so five of the eight current councilmembers would be blocked from seeking re-​election in the coming two years.

With swift legislative prowess, the council responded, passing its own competing “term limits” measure, which incidentally allows them to stay 50 percent longer in office.

But there’s one problem: the council did not follow the law, which requires multiple readings, with one at a regular meeting. 

Actually, there’s a second problem: Mr. Maxwell challenged the council’s unlawful action in court. 

The court blocked the council’s measure. 

That left the council holding an unusual weekend meeting to suspend the rules and re-​pass their fumbled alternative to the term limits voters really want. But news travels fast and city hall was “packed.” 

“You’re suspending the rules because your jobs are in jeopardy,” charged one man.

A woman told the council, “You guys should be absolutely embarrassed about this.”

“After hearing from dozens of angry residents,” the paper explained, “[t]he council voted unanimously to not suspend the rules, finally killing its own term limit proposal.”

Politicians doing the right thing … having exhausted every other possibility.

This is Common Sense. I’m Paul Jacob. 

 


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Photo from the Fort Worth Star-​Telegram

 

Categories
Accountability incumbents initiative, referendum, and recall insider corruption local leaders political challengers term limits

Sneaky Lobbyists Prefer Sneakiness

The Arkansas Chamber of Commerce’s CEO and chief lobbyist, Randy Zook and Kenneth Wall, have formed Arkansans for Common-​Sense Term Limits. 

The Chamber has a burning hatred for term limits — Common-​Sense or otherwise — just like every other lobbyist and special interest. But Zook and Hall are fibbing in their name because they realize that voters love term limits. 

The ballot committee’s stated purpose? To “advocate for the disqualification or defeat” of the Arkansas Term Limits Amendment, which citizens just petitioned onto the ballot, collecting 129,000 signatures.

Defeating such a popular ballot measure isn’t likely. Instead, these politically-​experienced lobbyists are preparing to sue, hoping to disqualify valid voters’ signatures on some ginned-​up technicality, feigning confusion over the clear ballot language — anything that might keep democracy from coming this November.*

At issue? The difference between real term limits and ridiculous ones.

That is, between term limits set by citizens and those set by legislators themselves. 

Currently, legislators can serve for 16 years in a single seat under the state’s “limits.” And because two-​year Senate terms aren’t counted at all, senators can stay as long as 22 years. 

Legislators snuck this past voters in 2014 with a ballot title claiming only to “establish” term limits … amidst other lies. Politicians thereby turned Arkansas’s toughest-​in-​the-​nation term-​limit law into the nation’s very weakest — a significant 50 percent longer than limits in any other state.**

Unfazed by all the corruption in the Arkansas Legislature, Chamber lobbyists are focused on putting politicians in their pocket for as long as possible. 

But those pesky Arkansas voters are once again in the way.

This is Common Sense. I’m Paul Jacob.

 


* After recently threatening to challenge the signatures of another initiative petition, Zook had to admit that he was not aware of a single problem or deficiency in the petition. But he quickly added, “It’s a very complicated process.”

** Arkansas’s term limits were the same as Michigan’s until 2014, three terms, six years in the House and two-​terms, eight-​years in the Senate.

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Original photo by Jeff Kubina

 

Categories
Accountability folly general freedom government transparency initiative, referendum, and recall local leaders nannyism responsibility too much government

Minimum Sense

Suddenly, the Democrats who dominate the Washington, D.C., City Council seem unwilling to increase the minimum wage for tipped workers — despite their official support for legislative minimum wage rate increases.

And a vote of the citizens. 

Initiative 77, which passed easily last month, requires restaurant employers to incrementally increase the “tipped wage” until rates “reach what will be the uniform minimum of $15 an hour by 2025.”

“Initiative 77 is something I believe will be very harmful to our restaurants and, more importantly, our restaurant workers,” argues Councilman Jack Evans, one of three council members pledging repeal. 

A spokesperson for One Fair Wage DC, calling a repeal “deeply undemocratic,” notes that “D.C. voters don’t like it when Republicans in Congress do it, and we trust council will not stoop to that level.”

Yet it would not be “the first time the city’s lawmakers overturned a decision by the electorate,” the Washington Post reminds readers, citing “a decision in 2001 when the D.C. Council overturned term limits approved by voters.”*

I’m all for ballot measures to decide any issue the people have a right to decide … limited by all of our inalienable rights as individuals. Minimum wage laws constitute an abuse of our First Amendment right to association, which neither legislatures nor voters may legitimately abridge. 

That the council doesn’t recognize this right of association, yet nonetheless thinks it should nullify a vote of the people tells you everything you need to know about the sorry state of representation.

This is Common Sense. I’m Paul Jacob.

 

 


* And even quoting moi on the incredible hypocrisy dating back 17 years: “If you’re in a city struggling to get representation in the first place, that’s a terrible signal to say that your own local officials don’t respect their own citizens.”

 

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Categories
Accountability ballot access folly general freedom ideological culture initiative, referendum, and recall media and media people national politics & policies political challengers responsibility U.S. Constitution

Should Non-​Citizens Vote?

“A lot of people would like to say this is an immigration issue. It’s really not,” offered Gary Emineth, the head of North Dakotans for Citizen Voting and a candidate for state senator. 

“It’s really about preserving the right for U.S. citizens, and in our case, North Dakota residents, to only be the voters in all elections across the state of North Dakota,” added Emineth. “And that’s why we want it in the constitution.”

Turning in more than 35,000 voter signatures on petitions last Friday, Emineth and others placed a constitutional amendment on this November’s ballot that, if passed, would make voting the exclusive right of U.S. citizens in North Dakota.

Elsewhere in the country, Emineth points out, non-​citizens are already voting — in Chicago and San Francisco, and in 11 cities across Maryland. Moreover, campaigns are underway across the country to give non-​citizens the vote — in California, Connecticut, New York City, Boston and Montpelier, Vermont.

Opponents claim the North Dakota measure is completely unnecessary, as the state doesn’t currently allow non-​citizens to cast a ballot, nor has any city yet attempted to allow non-​citizens to vote. But Emineth’s goal is to keep it that way.

Moreover, University of North Dakota Law Professor Steven Morrison acknowledged to The Forum in Fargo that “the proposed amendment does clean up what could be a grammatical loophole since the word ‘every’ doesn’t conclusively exclude non-​citizens from voting.…”

It is a very simple proposition: Do you want voting to be the exclusive right of U.S. citizens? Or should non-​citizens be allowed to vote?

Coming to a ballot near and Fargo.*

This is Common Sense. I’m Paul Jacob.

 


* With some help from Liberty Initiative Fund.

 

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