Category: initiative, referendum, and recall

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Common Sense First Amendment rights folly general freedom initiative, referendum, and recall Regulating Protest too much government

Citizen Registration Fee

Ron Calzone, Missouri, citizenship, freedom, lobbyists

It’s not about the ten bucks — or the thousand. An important principle is involved.

Professional lobbyists in Missouri are legally required to submit reports about the corporations, local governments, industries, associations, and special interests for whom they lobby, how much they are paid, and the goodies they bestow upon the politicians they seek to influence. The registration fee is $10.

Problem is, as I revealed at Townhall yesterday, Ron Calzone isn’t a lobbyist. So, naturally enough, he didn’t file.

Calzone is president of Missouri First, a group advocating constitutional governance and mobilizing fellow citizens for an enormous impact on Show-Me State government. He regularly treks to the capitol, while Missouri First helps folks who can’t get to Jefferson City submit testimony online . . . all to weigh in on issues like the Second Amendment, property rights, initiative petition rules, and cronyism.

It’s true that Calzone lobbies every time he speaks to a legislator. But hey: he’s not a lobbyist under the legal definition. Why? Because he earns not a penny. Missouri First doesn’t even have a bank account. And Calzone doesn’t represent various clients as a professional lobbyist would; he represents himself — and those citizens who agree with him.

Despite the letter of the law, last week the Missouri Ethics Commission fined Mr. Calzone $1,000 for not registering as a lobbyist. It also ordered him not to speak to any state legislator until he registers.

Ron Calzone — with the help of the Freedom Center of Missouri and the Center for Competitive Politics — is appealing the case.

And will win in court.

Yet, that an “ethics” agency is harassing a citizen volunteer speaking truth to power . . . speaks volumes.

This is Common Sense. I’m Paul Jacob.

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Ron Calzone, Missouri, citizenship, freedom, lobbyists

 

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Accountability Common Sense initiative, referendum, and recall tax policy

Evergreen Eyman

Stubborn Beast

“Initiative 1366 is blackmail,” one plaintiff charged.

No; it’s just political hardball.

Washington State voters have cast their ballots five times (by initiative measure) to require a two-thirds vote of both houses of the state legislature, or a vote of the people, to increase taxes.

Though the rule is neither hard to understand nor difficult to implement, legislators have repeatedly overruled the people they supposedly serve, overturning the measure and then, finally, suing to overturn the repeatedly re-enacted two-thirds requirement.

The Washington Supreme Court ruled that only through a constitutional amendment could citizens place upon their representatives the two-thirds mandate. And — you guessed it — the state’s initiative process doesn’t permit constitutional amendments, only statutes.

As I reported back in June, Tim Eyman and Voters Want More Choices haven’t skipped a beat. Their grassroots army collected over 335,000 voter signatures to place a new initiative on the ballot. This measure would cut a penny from the state sales tax unless legislators propose an amendment to the state constitution establishing the rule that taxes can only be raised via a two-thirds legislative vote or a popular vote.

The day after the signatures were verified and the measure placed on the ballot, a group of legislators and various special interests sued to block the measure from going to a vote. Last Friday, the court declared that Initiative 1366 would remain on the ballot for voters to decide.

So, whether “blackmail” or ingenious hardball, it looks like voters will have a chance to send a very direct message to their representatives: Do what the people want or else.

This is Common Sense. I’m Paul Jacob.

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Stubborn Beast

 

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Common Sense initiative, referendum, and recall too much government

Rich Mischief

Government Scold, collage, montage, Paul Jacob, Jim Gill

The SFGate.com headline was clear: “State ballot initiative fee raised to $2,000 to prevent mischief.”

It just wasn’t accurate.

Assembly Bill 1100, introduced by Assemblyman Evan Low (D-Campbell), passed by Democrats in the legislature and signed by Gov. Jerry Brown, doesn’t do anything to address “mischief.” Which, incidentally, abounds in California government — especially in the legislature.

The new law raises the cost for citizens to file a ballot initiative from $200 to $2,000. Now, if the mischief-maker has $2,000 to spend, this new law accomplishes . . . nothing.

Only five of the 26 states with initiative and/or referendum charge citizens any filing fee. California’s is now the highest by far.

“There are some lunatics out there and for $200 we encourage them to put measures on the ballot that say we should put a gun to the head of someone who is gay or lesbian, bisexual or transgender,” argued Sen. Mark Leno (D-San Francisco). AB1100 was about “clearing out what’s nonsense.”

The senator was referring to an initiative filed by an Orange County attorney, called the “Sodomite Suppression Act,” which, if passed, would establish the death penalty for homosexual conduct.

“This reform is overdue,” argued Assemblyman Low, calling it “a threshold for reasonableness.”

Reasonableness? Those with $2,000 are more reasonable than those with just $200?

The anti-gay measure was a stunt. No signatures were collected. It wasn’t going to be on any ballot. Still, the Attorney General went to court to have it declared unconstitutional. Case closed.

So, why pass AB1100?

To make it harder for voters to go around legislators via the ballot initiative. Just more mischief.

This is Common Sense. I’m Paul Jacob.

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Government Scold, collage, montage, Paul Jacob, Jim Gill

 

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Common Sense general freedom government transparency initiative, referendum, and recall tax policy term limits

Conflicts Perplexing Prominent Politicians

In Disguise

When does the same old song-and-dance, performed by yet another self-selected committee of the political elite, become “a unique process” that “Nobody’s ever done . . .”?

When the much-liberal Denver Post reports the “much-respected” Daniel Ritchie saying so.

Every election cycle for a decade, it seems, a cabal of big-spending politicians and big-receiving special interests form a “prominent” and “bipartisan” group to propose making citizen initiatives more difficult, weakening term limits, and circumventing the state’s Taxpayer Bill of Rights (or TABOR, which limits spending and requires voter approval for tax increases).

This cycle’s iteration is “Building a Better Colorado,” now being formed for a September launch by Ritchie, the former Denver University chancellor.

Sunday’s Post provided the group of “prominent civic and business leaders [not to mention politicians]” ample coverage: “The project — developed behind the scenes for months and detailed in exclusive interviews and documents obtained by The Denver Post — is perhaps the most concerted effort in recent memory to address what organizers see as inherent conflicts in how the state is governed.”

Conflicts?

“Those conflicts, they say, are impeding Colorado’s ability to build new roads, put more money in classrooms, engage an increasingly disenchanted electorate and prepare for the future.”

“I’ve seen this game played too often in Colorado,” remarked the Independence Institute’s Jon Caldara. “It’s like a Kumbaya committee. We are going to get all these people who are marginally diverse and at the end of this long process . . . the conclusion is to raise taxes.”

While the “new” group isn’t “advocating any specific policy outcome” and plans to engage the public at town hall meetings, the meetings’ agenda has been pre-set . . . by “experts.”

This is Common Sense. I’m Paul Jacob.

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In Disguise

 

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Accountability Common Sense folly general freedom government transparency initiative, referendum, and recall tax policy

Republican-Required Referendum

Politicians in a jar

Last November, Nevada Republicans scored a “stunning” political sweep. The party’s incumbent governor rolled up a 40-point win, while the GOP gained majorities in both the Assembly and Senate — the first time Republicans have controlled all three since before the Great Depression.

At the same time, voters crushed a ballot measure to create a 2-percent gross receipts tax on businesses taking in over $1 million, by a whopping 78–22 percent. Gov. Brian Sandoval (R) and GOP legislators opposed the tax.

My tax-fighting friend Chuck Muth, president of Citizen Outreach, must be happy as a clam, living the easy life.

No?

Mere months after that vote, the solidly Republican state legislature passed — you guessed it — a gross receipts tax. And with it, for good measure, all stuffed into Senate Bill 483, the Republican majority also made permanent a whole slew of taxes passed as temporary measures back in 2009.

The total tax increase — ahem, to celebrate the Republican trouncing of Democrats — turned out to be the largest in Nevada history: $1.1 billion.

I wish this story of betrayal were shocking, not par for the course. But as we all know, the lack of surprise signals the depth of the problem.

Thankfully, Silver State citizens have what Ralph Nader calls the “ace in the hole”: statewide initiative and referendum.

Two referendum measures have been filed. One would repeal the gross receipts tax. The other, filed by Muth’s “We Decide Coalition,” places the entire billion-dollar-plus tax hike onto the ballot.

“It’s time for these elected elites to stop using Nevadans as ATM machines,” Muth recently wrote.

Yes, time for Nevadans to crank up the machinery of democracy . . . starting with 55,000 signatures on petitions for each measure.

This is Common Sense. I’m Paul Jacob.

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Politicians in a jar

 

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ballot access Common Sense general freedom initiative, referendum, and recall national politics & policies responsibility term limits U.S. Constitution

The Quadrennial Distraction

Citizen Action

As the leading Republican candidate for the presidency ascends into the air in a helicopter filled with kids, and makes his most astute declaration yet — “I am Batman” — it becomes clearer than ever how distracting these presidential campaigns are.

Much of American Big League politics is theatrics, with some pandering for good measure. Of course, all people running for the presidency are by definition over their heads, at best . . . posturing attention-seekers at worst. Fretting about what they believe and “would do” if voted in as President of these United States is mostly a waste of time. Experience tells us that what they promise is perhaps the least likely outcome of all.

What is more effective? Affecting the political environment by getting together with like-minded folk to advance principled causes closer to home. As a side effect of your activism, a successful issue in a single city or region — especially one that spreads — can have a dramatic influence on present and future presidential wannabes.

With organization and consistent activity at the local level, your voice can be heard. But you have to do something. That activity doesn’t have to be to “run for office”; you can turn up the volume by proposing (and sometimes opposing) ballot initiatives, constitutional and charter amendments in the state, county and city where you live.

There is so much to be done at this level that could create political climate change, which in turn would invariably make federal-level candidates better, that it seems a shame to see us so focused on long shot bets.

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Citizen Action

 

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Accountability initiative, referendum, and recall responsibility

Gold Medal Worthy

Yes On 1

The 2024 Summer Olympics will not be held in Boston.

Beantown abandoned its bid to host the games after Mayor Marty Walsh refused to sign a contract that would have left the city responsible for billions in possible cost overruns.

Did I say possible?

Call it seemingly inevitable.

“I cannot commit to putting the taxpayers at risk,” declared Walsh.

People throughout the Bay State can now rest easy — no tax hike or debt burden to build expensive infrastructure . . . and produce bigger traffic jams. Of course, polls had long shown voters opposed to the idea. But that doesn’t matter to career politicians. Nor to the mayor — until recently.

Mayor Walsh’s deep concern for taxpayers notwithstanding, citizen activism made the difference. A month ago, the Yes on 1 committee joined together with Evan Falchuk, chairman of Citizens for a Say, in supporting a ballot measure to prohibit spending any tax dollars on the Olympics.

Last year, I worked with Yes on 1 — led by Steve Aylward, Rep. Geoff Diehl, Marty Lamb and Rep. Shaunna O’Connell — to pass Question 1, ending automatic gas tax increases in Massachusetts. Olympic officials had been assured a ballot measure was unlikely to get in the way; then came the Yes on 1 folks with the know-how to petition just such a measure onto the ballot.

Walsh claimed this opposition had nothing to do with his decision, calling them “about ten people on Twitter and a couple people out there who are constantly feeding the drumbeat.”

Dancing to a different drummer, Mr. Mayor.

Bostonians can thank the state’s ballot initiative process, which provides a way for the people to be heard. And, of course, citizen leaders who take the initiative.

This is Common Sense. I’m Paul Jacob.

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Yes On 1

 

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government transparency initiative, referendum, and recall

Temporal Redistricting

Sneaky Democracy

They must be proud of themselves, the Little Rock insiders who pushed through a vote on a bond measure in hot-as-Hades mid-July.

Less than 4 percent of eligible voters turned out for the off-cycle exercise in 100-degree democracy. The measure, which refinances previous library bonds and puts an influx of cash into Little Rock public library branches, passed with over four-fifths of the minuscule turnout.

Now, as bond measures go, this one sure seems like a dream; its advocates say it will reduce, not increase, taxes.

But that July 14 vote!

“There was no organized opposition to the bond refinancing campaign,” we read, courtesy of the Arkansas Democrat-Gazette. “Still, Pulaski County Election Commission Executive Director Bryan Poe expected a higher voter turnout.” He thought they would get at least 6,000 voters. Still, even that many votes would have amounted to less than 5 percent of the over 126,000 registered city voters.

It certainly wasn’t any surprise, then, that turnout would be tiny and democratic decision-making left to a tiny fraction of the public.

Detect a certain odor?

It stinks of redistricting. When politicians redistrict voters so that predictable partisan outcomes can be reached — somehow to the benefit of those doing the redistricting — the insiders are not really trying to provide representation to voters. They are trying to continue their business as usual.

“Insiders know best”?

By selecting a summer date for the vote, insiders in effect redistrict the voters using time as the gerrymandering boundary. Call it temporal redistricting, advantaging those with the most at stake in the vote’s outcome.

Call it democracy for the 1 (or 3½) percent.

This is Common Sense. I’m Paul Jacob.

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Sneaky Democracy

 

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crime and punishment initiative, referendum, and recall

No Part Justice

Dr. Bosworth

Dr. Annette Bosworth was convicted last week on twelve felony counts. She now faces as many as 24 years in prison, $48,000 in fines . . . and the likely loss of her medical license.

Her crime? She circulated six nominating petitions to get on the South Dakota ballot in 2014. Thirty-seven people signed — at her medical office and at a Hutterite colony (where she sees patients) — while she was on a medical mission to help typhoon victims in the Philippines.

Dr. Bosworth’s sister was one.

But the affidavit on the petition reads that the circulator must actually witness each person’s signature being affixed. Bosworth should not have signed it.

Hence six counts of perjury and six more, one for each false document filed.

In court, Bosworth testified that her attorney — who legally notarized the petitions — told her she met the legal definition of a circulator.

Last month, I traveled to South Dakota to release a Citizens in Charge Foundation report on this prosecution. One key finding? While the threatened penalty is the most severe any American has ever faced in a petition-related case, Dr. Bosworth submitted signatures of people she knew and who very much did support her. No forgery, no fraud . . . against the voters.

In response, the state’s largest newspaper reported that, “[Attorney General Marty] Jackley said that it’s ‘well understood in state law’ that the offenses Bosworth faces are punishable by probation and not jail time.” Then after her conviction, Jackley suggested a presumption for “either no or limited actual jail time,” adding, “but that presumption can be overcome by a defendant’s conduct.”

Annette Bosworth should be held accountable. But aiming to ruin her life isn’t any part of justice.

This is Common Sense. I’m Paul Jacob.

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Dr. Bosworth

 

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ballot access initiative, referendum, and recall national politics & policies

Anti-Democratic Republicans?

political, politics, 2 Party Lockout, political party, politics, exclusion, elections, democracy, collage, photomontage

The Republican Party of Ohio paid lawyers $300,000 to keep a competitor off the ballot.

Typical two-party corruption. We can blame the party, yes — but also blame the system.

A “two-party system” is, mathematicians tell us, the logical result of simple plurality/winner-takes-all elections. That is, when the first candidate “past the post” wins enough votes to best any other, that candidate wins.

When you count votes like this, two parties emerge to dominate.

But to really rule the roost, those parties are incentivized to pile on . . . to make it hard for “minor-party” challengers. Ballot access becomes a nasty business.

Last year Charlie Earl ran for the governorship of Ohio as a Libertarian Party candidate. But he was blocked from the ballot. And when the Ohio LP “filed a federal lawsuit to try to force Earl’s name on the ballot,” Ohio Republican Party Chair Matt Borges testified that his party had nothing to do with the legal maneuvers involved.

As Borges put it at the time, “Anyone who’s looking for the conspiracy behind it — it’s just not there.”

Now, it turns out, the conspiracy was there. His party paid the bills.

Whether Borges was lying or not — maybe he was clueless about these shenanigans — the deed got done.

More important than whether Borges himself can be held culpable for the ballot-access conspiracy, it’s the system that encourages such anti-democratic nonsense that needs changing. First-past-the-post elections must go. There are alternatives, as my friends at FairVote.org champion.

As Ohio GOP leaders stand shame-faced with the evidence of evildoing, it’s time to press such reforms.

This is Common Sense. I’m Paul Jacob.

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2 Party Lockout