Category: initiative, referendum, and recall

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initiative, referendum, and recall

Happy 100th, California

On this day a century ago — October 10, 1911 — California voters stormed to the polls and overwhelmingly enacted a measure establishing a statewide system of initiative and referendum. Through the years, Californians have used the initiative to enact for themselves many reforms their legislators refused to touch — from ending the poll tax in 1914 to term-limiting their legislature in 1990.

Whether one agrees or disagrees with any specific measure passed via initiative in the last century, the enormous impact of California’s initiative process can hardly be disputed. Perhaps the best known and most consequential initiative has been Proposition 13.

This measure cut and capped the state’s property taxes in 1978, saving the homes of many citizens on fixed incomes. At Cato.org, Steve Moore argues that “the anti-big-government tide in America began . . . with the passage of taxpayer advocate Howard Jarvis’s Proposition 13.” In the two years following Prop 13’s passage, 42 other states passed some form of tax relief.

At an event today in Sacramento — the “100th Anniversary Celebration of California’s Initiative & Referendum” — a politically diverse group of initiative practitioners, journalists, academics and political leaders will discuss the impact of the past century of citizen-lawmaking and ways to improve the process.

Despite a century of change, two things remain the same:

  1. The politically powerful don’t like to be checked by citizens.
  2. Polls show that Californians today support initiative and referendum by the same three-to-one margin they passed it 100 years ago.

This is Common Sense. I’m Paul Jacob.

Categories
ideological culture initiative, referendum, and recall

The Wrong Track

Most Americans believe our country is headed in the wrong direction. But there remain folks who would like to take us all the way into downtown Wrongville.

Two Sundays ago, in my column at Townhall.com, I expressed exasperation at the “prestigious” Think Long Committee’s recommendations to make it much tougher for California citizens to place issues on the ballot, to allow legislators to trump any citizen-enacted measures, and to empower an unelected council chosen by the governor and legislative leaders to place any measure they desire on the ballot.

Then North Carolina Governor Bev Perdue (D) told a Raleigh Rotary Club, “I think we ought to suspend, perhaps, elections for Congress for two years and just tell them we won’t hold it against them, whatever decisions they make, to just let them help this country recover.”

After taking some hits, the Governor’s press secretary claimed she “was obviously using hyperbole.” But that’s not the way the audio sounds.

Finally, a New Republic article by Peter Orzsag, former Obama Administration Director of the Office of Management and Budget and now Vice Chairman of Global Banking at Citigroup, calls for more reliance upon “automatic policies and depoliticized commissions” because “we need to counter the gridlock of our political institutions by making them a bit less democratic.”

This just after our infamous 535 representatives handed away their power to a “super-committee” of only twelve people.

A whole class of people see the road to Wrongville and hit the accelerator.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall

Winners and Losers

California’s initiative process gets blamed for every political problem the state confronts . . . that is, by many legislators and political insiders.

Two measures receive the bulk of the ire: Proposition 13 and Proposition 98.

Liberals bemoan Prop 13’s requirement of a two-thirds legislative vote to raise taxes, preventing state government from getting “the proper revenues.” They are welcome to their opinion.

But 33 years ago, Californians passed the measure 65 to 35 percent. Last week, a Field Poll showed it just as popular today. Additionally, the pollsters reported, “In each of four previous Field Poll surveys conducted since its passage, Prop. 13 has been backed by Californians by double-digit margins.”

Conservatives oppose Prop 98, which passed very narrowly in 1988. It creates a floor for K-12 education spending of roughly 40 percent of the state budget.

That’s why some charge that initiatives dictate too much of the budget. But, were legislators otherwise planning to zero-out public school funding? I doubt it. Spending was around 40 percent before Prop 98.

One other thing: Prop 98 incorporated a provision allowing the legislature to suspend the 40 percent mandate. The legislature has done so twice.

I would have voted against it, but unless Californians who oppose 98 can put a repeal onto the ballot and convince the majority of their fellow voters to agree, well, they’ll have to live with it.

At least, until the next election.

This is Common Sense. I’m Paul Jacob.

Categories
ideological culture initiative, referendum, and recall

The Public Square

Californians’ initiative, referendum and recall process is as hot a topic for debate as ever. That’s apt, for this year marks the process’s 100th anniversary.

On October 10, 1911, Californians went to the polls to enact these democratic checks on government after Governor Hiram Johnson persuaded legislators to put them on the ballot. On October 10, 2011, I’ll be in Sacramento at an event sponsored by Citizens in Charge Foundation to celebrate the centennial.

And a few days ago, I served on a panel of interesting people in front of a great audience of Californians at a Zócalo Public Square event in San Francisco, entitled, “How Do We Put the People Back in the Initiative Process?”

My answer: Make it easier, instead of harder, to put issues on the ballot. Presently, California requires 800,000 voters to sign petitions to put an amendment on the ballot and 400,000 voters for a statutory measure; sponsors have only five months to get all those signatures.

Why not give citizens a year to collect signatures? Why not lower the requirement?

Unless “reform” of the initiative is really code for not putting the people back in the process, of course. Some folks don’t think voters are up to the task of democratic decision-making — at least, whenever voters don’t decide their way.

Let’s agree that the people aren’t perfect. I still prefer citizen control over government to the alternative of rule by politicians and self-appointed elites.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall political challengers

Buccaneer Blitz

No one expected much of the “Pirate Party” in the recent Berlin election. It’s an upstart, and the program of the young men leading the renegade political group — which focuses on “Internet freedom” as well as (alas) “free public transit” — might not seem to be ideally suited for widespread advance in the target environment, electoral politics. The party only offered up 15 representatives for Sunday’s vote.

But it won every seat it attempted, gaining 8.9 percent of the vote.

Meanwhile, the Free Democrats went down to ignominious defeat, garnering less than 2 percent. The establishment must be shuddering. If an allegedly pro-business party like the Free Dems get booted out of office by young men wearing Captain America t-shirts, and if the Green Party now becomes the dominate coalition party in the nation’s capital, what then?

Well, the Pirate Party does not appear to be a joke. The candidates are serious, even if they aren’t wearing the traditional suit-and-tie uniforms. They parlayed popular Internet activism into votes, and what they do might make a difference.

So, what are they up to?

They seek to defend Internet privacy of individuals while enforcing complete transparency in government. Proposing an online participatory system they call “liquid democracy,” they balk at the status quo in legislative method. There are alternatives, as one spokesman explained: “You can stand up, stand tall and write the laws yourself.”

If this be piracy, make the most of it.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall

Golden State Standards

In their just completed session, California legislators expressed deep concern about transparency, democracy and good government.

Sen. Mark DeSaulnier authored Senate Bill 448 to mandate “a little transparency” in the initiative petition process. The legislation would have forced citizens paid to circulate petitions to wear a sign on their chests reading: “Paid Signature Gatherer.”

But Governor Jerry Brown vetoed the bill, stating, “I choose not to go down this slippery slope where the state decides what citizens must wear when petitioning their government.”

On the very last day of the session, Sen. Loni Hancock became concerned about democracy. “Low turnout elections do not represent the needs, priorities and desires of the larger electorate,” she decried.

So she stuffed new wording into one of her languishing bills, SB 202, to force all citizen initiatives to the November ballot. (Measures referred by legislators would, under SB 202, continue to go onto any ballot legislators desire.) In less than 24 hours, the bill was introduced, hearings were announced and held only minutes later, and the bill was rammed through both chambers.

Sen. Hancock pronounced this “good government.”

Legislators shouldn’t “gerrymander” which election citizen-initiated measures are voted upon for their own political purposes and those of their preferred special interests — in this case, public employee unions. Nor should new legislation be introduced and passed in a single day, without the public having time to communicate with their representatives.

That’s not transparency. It’s not democracy. And it’s not good government.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall term limits

Nebraska Initiative: Open or Closed?

In 2008, State Senator DiAnna Schimek’s 20-year legislative career came to an end, thanks to the term limits initiative enacted by Nebraska voters. Third time proved the charm; the state supreme court had struck down the first two citizen-initiated term-limit measures.

Without the initiative process, no term limits. That’s reason enough for Schimek and other pseudo-solons to despise the initiative — not to mention that every initiative breaks legislators’ law-making monopoly

In 2008, Sen. Schimek and her fellow unicamereleons realized the voters had won. Unable to overturn term limits a third time, they did the next worst thing: wreck the path by which such popular reforms could be instituted in the future.

Schimek introduced Legislative Bill 39, which re-wrote the rules for petitioning initiative measures onto the ballot. Illuminatingly, more than 90 percent of state senators termed-out that year supported Schimek’s parting shot to punish the initiative petition process. When the governor vetoed this frontal assault on a fundamental democratic check, legislators overrode his veto.

Since passage of LB 39 in 2008, not a single citizen initiative has qualified for the ballot.

Then, on Tuesday, after a multi-year legal challenge brought by Citizens in Charge and Nebraska citizens, a federal judge struck down the law’s ban on out-of state petition circulators as unconstitutional.

One of the chains left around the neck of the Nebraska citizenry by Schimek and that last batch of career politicians has now been removed.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall

We Can All Get Along

Our country is divided politically — or so we hear — right from left, liberal from conservative, progressive from libertarian. Nothing new.

Yet, don’t we all agree on the main points? Certain truths remain self-evident:

  • Government must have the consent of the governed.
  • ‘We, the People’ are the boss.
  • Our votes should count.
  • Our constitutional rights to life, liberty, and the pursuit of happiness count even more.

At Townhall last Sunday, I wrote about a government (ours) that lacks the approval of the people. Even cynical moi is amazed that, in response to their sizzling disapproval ratings, our politicians seem intent on attacking our most fundamental democratic rights to actively disapprove. Freedom of Speech. Assembly. Petition.

On the first day of this month, California Governor Jerry Brown vetoed a bill he called a “dramatic” assault on the initiative rights of Californians. On the last day, another bill rests on the governor’s desk. It would force petition circulators to wear a sign on their chests, reading, “Paid Signature Gatherer,” if they receive any compensation at all for their work.

This “reform” is the zenith of wisdom among the Golden State’s great solons.

Our country’s problems with representative government cannot be solved by legislating away the rights of citizens to speak out and participate politically. And by “representative government” we mean not only that the job of a legislator is to represent us, but also that we reserve the right to represent ourselves.

This is Common Sense. I’m Paul Jacob.

Categories
ideological culture initiative, referendum, and recall media and media people

What the Media Misses

The big news story last week became the media’s non-coverage of the Ron Paul campaign. After Jon Stewart of The Daily Show successfully brought out the full nature of the media prejudice, it became the story.

That’s how bias backfires. Trying to keep Ron Paul out of the headlines led to putting Ron Paul in the headlines.

How easily a conspiracy of silence turns into a deafening noise.

Media bigots think they are doing a public service when they pick winners and throw out losers before almost anyone has even heard from the challengers. They consider it their job.

Undoubtedly they look at Ron Paul’s platform and say to themselves “This guy doesn’t fit into the normal left-right spectrum, or even neatly into his own party. That makes him unelectable. So we won’t talk about him.” This points to media’s true power: establishing what’s worth talking about.

Trouble is, by rushing to judgment against Paul, they miss the day’s major story: Paul’s appeal transcends usual party lines. It’s not just a tiny cadre of libertarians on his side, it’s conservatives and liberals and exes of both persuasions; it’s centrists who’ve never heard anyone talk about the Federal Reserve before; it’s peaceniks who are serious about ending America’s wars.

It might even be that strong core of American society that still respects honesty and consistency.

The media has missed this elsewhere, too: In repeated recalls and initiatives around the country.

Cover the big story, folks. Not just your own spin.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall

Wisconsin’s Kumbaya Moment

With all our divisive politics, who would’ve thought it would take a spate of recalls in Wisconsin to bring folks together in democratic unity.

Whether we root for the blue team, the red one or seek a third color — green or something — we can all celebrate that an election was held Tuesday.

It was a special recall election of state legislators — made all the more special because it was called by citizens.

Miffed at Democrats for leaving the state to block a quorum in the senate or incensed at Republicans for passing legislation removing collective bargaining for most unionized state workers, Wisconsin voters didn’t just have to sit there and take it. Empowered by their state’s recall law, they gathered hundreds of thousands of voter signatures.

Six incumbent Republicans were on Tuesday’s ballot. Four held their seats and two were defeated by Democrats, who fell just one seat short of grabbing the majority. Two incumbent Democrats still face recalls next Tuesday.

The Progressive Change Campaign Committee told supporters:

Last night, we stood in a crowded square outside the state Capitol in Madison. Teachers, fire fighters, police officers, moms, and dads chanted, “This is what democracy looks like.”

Republicans and Tea Party leaders declared victory in maintaining the majority. Gov. Scott Walker, perhaps the subject of a recall next year, told the MacIver Institute, “I’ve had great confidence in the voters.”

It’s a Kumbaya moment! At least, as close as we’re likely to get.

This is Common Sense. I’m Paul Jacob.