Category: initiative, referendum, and recall

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Accountability general freedom initiative, referendum, and recall local leaders

Citizens Triumphant

Ohio, initiative, legislature, Ohio Constitutional Modernization Commission,

Last week, the Ohio Constitutional Modernization Commission considered whether to recommend a constitutional change to create an obvious double standard: requiring citizen-​initiated constitutional amendments to obtain a 55 percent supermajority vote, while the very same amendments proposed by legislators would only need 50-​percent-​plus-​one for passage.

I traveled to the capitol in Columbus, joining a room full of Ohio citizens and organizations testifying in opposition. As I explained at Townhall yesterday, after hearing from the people, the Commission tabled the idea.*

For more than four years, the Constitutional Revision and Updating Committee deliberated over how to improve the constitution and came to a consensus in favor of the aforementioned double standard (sent to the full Commission). And yet, at a well-​attended public hearing, no one defended the proposal.

While bias favoring the legislature seemed obvious, commissioners bristled at the suggestion that — established and funded by the legislature — they lacked independence. “If there were one or two legislative members on our committee, that was it,” offered non-​legislator Janet Abaray. 

Actually, four of the nine members on Abaray’s committee are currently state legislators — not one or two. Plus, two more previously served in the legislature. That’s two-​thirds of the committee comprised of current or former legislators.

Moreover, the published minutes provide a peek into the thinking behind the proposed double standard. For instance, “what have emerged lately are initiated amendments to the constitution that are inconsistent with the purpose of the constitution.”

It is the people who will decide what belongs in the people’s constitution — not the legislature.

And not the legislature’s commission. 

That’s the truth that Ohioans spoke to power. 

And power listened. 

This is Common Sense. I’m Paul Jacob.

 

* The commission came to this conclusion with only one dissenting vote.

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general freedom initiative, referendum, and recall local leaders nannyism political challengers Regulating Protest

Delivering a Double Standard

Ohio, initiative, voting, election, ballot, legislature, democracy, amendment, constitution

Former State Representative Matt Lynch got right to the point in his Cleveland Plain Dealer op-​ed: “The people’s right to amend the Ohio Constitution through the ballot initiative is under attack.”

Created by the Ohio Legislature to consider constitutional amendments, the Ohio Constitutional Modernization Commission (OCMC) has a hidden purpose: provide cover for that same legislative body. As Lynch aptly notes, the OCMC “is filled with politicians and lobbyists. Thus, commission recommendations must be scrutinized for fidelity to the public good versus the special interests of political insiders.”

This Thursday at the capitol in Columbus, OCMC will consider whether to recommend that state legislators propose an amendment to the state constitution to make future amendments more difficult. That’s an awfully bad idea in itself. But, bizarrely, the greater difficulty would depend entirely on who proposes the amendment.

The working OCMC recommendation makes no change to the legislature’s ability to propose and pass constitutional amendments. What it would do is make it tougher for citizen-initiated amendments. Most unhelpfully, the recommendation would require only citizen-​proposed amendments to garner a supermajority of 55 percent of the vote. 

Consequence? Suppose a measure proposed by citizens — term limits, ethics reform, government transparency — was massively outspent by powerful interests, and yet still won 54.9 percent of the vote. It would lose.

Yes, the 45.1 percent of voters would defeat the 54.9 percent of voters.

Call it “New Math.”

The very same issue proposed by legislators would win … and be added to the state constitution.

“The double standards are breathtaking,” writes Lynch,* adding, “and no other state has such unfair rules.”

This is Common Sense. I’m Paul Jacob.

 

* Sunday at Townhall, I also discussed this double standard. And the word may be getting out. Townhall always adorns my column with a photograph — this time featuring Ohio Attorney General Mike DeWine, also a Republican candidate for governor in 2018. DeWine’s campaign objected to being pictured, arguing they have no involvement with the OCMC. DeWine’s picture has been removed.

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Accountability folly free trade & free markets general freedom initiative, referendum, and recall nannyism national politics & policies property rights responsibility too much government

Minimum Shock

minimum wage, closure, restaurant, business, prohibition, wages, pay, Berkeley, San Francisco

“Three restaurants vacated the Bay this week, with Berkeley’s Bistro Liaison getting the most attention,” the San Francisco edition of Eater informs us. “It’s a bittersweet exit for the owners, who plan to start new careers.”

The week in question was in February. But this was not an isolated event. Sixty-​four Bay-​area restaurants and fast food joints closed their doors this last winter.

That is a lot of closures.

Why?

Every eatery has a different story, but the entry December 17* provides a big clue: minimum wage hikes.

Citizens should hardly be surprised. They got what they asked for. The minimum wage went up to $13.00 per hour last July, and will go up another two bucks next year. And this was the result of a citizen initiative. “On November 4, 2014, San Francisco voters passed Proposition J, raising the minimum wage to $15.00 by 2018,” the City Office of Labor Standards and Enforcement tells us. 

And the thing about minimum wage laws is that they do not — either by magic or by law — directly raise any wages. They, by law and quite directly, prohibit wage contracts below the minimum established. 

Businesses then react, struggling to accommodate the newly imposed costs. Sometimes they keep all their employees and economize on other inputs, but often they must re-​arrange hours and workers and whole production schemes.

If hemmed in elsewhere, they just go out of business.

Just as one should expect, according to the law of supply and demand.**

Citizens might wish to reconsider. That is, initiate a measure to repeal a previously successful initiative … that gave us this unsuccessful policy.

This is Common Sense. I’m Paul Jacob.

 

* The entry reads thusly: “OAKLAND — alaMar Kitchen and Bar as you know it is shuttering on December 17, but will reopen in the new year with a fast casual format. The owner points to minimum wage raises and the cost of doing business in the Bay Area as the reasons cited for the closure/​change.”

** It is often said that businesses just “raise prices” and “pass along the costs” to consumers in general, but, for reasons of supply and demand, they cannot do this without decreasing sales and thus revenue.

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Accountability initiative, referendum, and recall local leaders responsibility

The Maine Thing

RCV, Ranked Choice Voting, initiative, voting, elections, democracy, Maine

Ranked Choice Voting (RCV) allows voters to rank electoral candidates and not “waste” their vote in cases where their most favored candidate is* unlikely to win. RCV also requires a majority for election, not merely a plurality of the vote. 

Last November, Mainers passed Question 5 to begin using this voting system for statewide races, state legislative races and congressional contests. Voters in Portland, the state’s largest city, already use ranked choice voting for several city offices.

Nonetheless, Gov. Paul LePage, who has won twice for governor without ever capturing a majority, opposes RCV, as do many state legislators, also elected under a different first-​past-​the-​post plurality system.

Because Maine’s state constitution specifically mentions plurality winners for statewide officials and state legislators (in the General Election), legislative leaders asked the Maine Supreme Court for an advisory opinion on the constitutionality of the ballot measure. Earlier this week, the court ruled that Question 5 was not constitutional when applied to those specific offices and elections. 

However, the constitutionality of RCV was not challenged regarding congressional elections or primary elections for the state legislature.

Now some legislators are proposing a constitutional amendment to enact the RCV that voters supported. Others are urging that the entire law be repealed — even the parts not ruled unconstitutional. They claim the new system is too confusing if not used for every office.

But Portland city voters use RCV for some offices and not others, without confusion.

Legislators should follow the court’s decision, sure, but also respect the vote of the people for every part of the measure not addressed by the court.

This is Common Sense. I’m Paul Jacob.

 

* Ranked Choice Voting also prevents wasted votes in cases where a voter merely expects or fears (even inaccurately) that his or her favorite candidate does not have enough support to get elected.

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Original cc Photo by Tim Evanson on Flickr

 

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general freedom ideological culture initiative, referendum, and recall local leaders national politics & policies political challengers

Not a Joke

Washington, secession, division, exit, legislature, legislation, city, country, representation, initiative, ballot

Yesterday, the chief sponsor of a Washington State legislative bill withdrew it. He said it was “a joke.” His co-​sponsor wasn’t laughing, however … even proclaimed an intent to introduce the bill again next year.

The legislation’s purpose? Split the state into two. 

The eastern, drier half of the State is much less populated, and the wet, western half gets its way almost all the time. The bill’s sponsor mentioned his intent: to call attention to the persistent lack of effective representation.

It was not a funny* joke. What he meant, surely, was “a stunt.”

This is just one of many ongoing secessionist movements in the United States. Most represent the eternal struggle between more self-​reliant, community-​centered and less statist country folk and the more atomized, fearful statists of the cities. But also present is the problem of representation. There is not enough of it. Many people do not have a voice. Hence the desire for exit. 

“Voice” vs. “exit” are two crucial aspects of constitutional politics, particularly relating to different kinds of “freedom.”

Many states could use splitting, California, especially.

But exit is not the only option. Representation itself could increase in sheer numbers; California, anyway, has (astoundingly!) too few politicians, er, representatives … per residents.

Another key constitutional change would be to set the bar higher to passing new legislation, especially regarding adding tax burdens.

But not for the people. We are best represented by our own votes, which means initiative and referendum rights extended to all states. Citizens of Washington State (still intact) lack the ability to change their constitution by initiative — an important process for future state shape shifts.

This is Common Sense. I’m Paul Jacob.

 

* Originally, the new state’s name was to be Liberty, much better than the states of Tyranny, Servitude and Denial. Now I read that the proposed name is Lincoln, awkwardly tied to our union’s most determined anti-​secessionist. That is a bit funny.

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Accountability free trade & free markets initiative, referendum, and recall insider corruption moral hazard national politics & policies porkbarrel politics too much government

A Wall of Separation

cronyism, pork, stadium, Tom Hanks, ballot initiative, welfare

Whatever you think of Thomas Jefferson’s letter to the Danbury Baptists, wherein he celebrated the First Amendment for “building a wall of separation between Church & State,” let’s agree that it would have been nice had he penned another letter — to the Waterbury Methodists or someone — urging a wall of separation between Sports and State.

Last week, actor Tom Hanks became another brick in my hoped-​for wall. “It’s a billion-​dollar industry,” Hanks said of the National Football League.

[T]hey have billion-​dollar TV contracts. All the owners are billionaires. And yet when they want to build a stadium they’re going to use for 10 weeks out of the year, they expect the city taxpayers to buy the building.

Hanks is livid. The recent “deal” that lured his beloved Oakland Raiders to Las Vegas included $750 million in public funds to build a $1.9 billion stadium. The Raiders are planning to stay in Oakland for the 2017 and 2018 seasons, while that new stadium is built. “When the Raiders leave,” the beloved star declared, “I am going on an NFL moratorium for two years.”

Unfortunately, Hanks appears more angry that his team is leaving (eventually), than with the principle that taxpayers ought not be ripped off.

Subsidizing businesses is cronyism, not capitalism. It’s even more outrageous when the poor must pay for the rich. 

But how to stop it? In every city where citizens can propose ballot initiatives, let’s petition and pass measures requiring a public vote before any such subsidy.

It may not be the great wall I’d prefer, but it’s a high hurdle providing taxpayers some important protection. 

This is Common Sense. I’m Paul Jacob.

 

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