Category: initiative, referendum, and recall

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initiative, referendum, and recall term limits

Do Anything

term limits

How far will officeholders go to kill term limits?

Around the country, so-called representatives have repealed state legislative term limits enacted as statutes rather than constitutional amendments; gone to court to get term limits outlawed; and even, in one or two instances, ignored term limits on themselves until forced to step aside by judicial action.

I bet that even if voters enact a term limits law with a provision specifically prohibiting legislators from sending a question to the ballot to weaken or repeal voter-enacted term limits, such a prohibition would not stop lawmakers from proposing just such measures.

Well, it’s time for me to collect on the bet.

In the current legislative session, North Dakota State Representative Jim Kasper submitted a resolution, HCR 3019, to ask North Dakotans to weaken legislative term limits they’d passed just five months ago, last November. Kasper wants a limit of 12 consecutive years in a chamber instead of a lifetime limit of eight years.

What a shocker! He’d like to stay in power longer.

The law voters passed months ago states that the legislature “shall not have authority to propose an amendment to this constitution to alter or repeal” the term limits. This ability is instead “reserved to initiative petition of the people.”

It seems so clear.

Nevertheless, Kasper’s unconstitutional constitutional amendment barreled ahead in the North Dakota legislature until finally expiring in the senate just days ago.

Perhaps the new law should have included something about tarring and feathering lawmakers who try to ignore the ban on acting to undermine their term limits?

This is Common Sense. I’m Paul Jacob.

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election law general freedom initiative, referendum, and recall

Politicians Revolt Against Voters

Arkansas, citizen's initiative, voting, Democracy

“[C]urrently, in the state of Arkansas, out-of-state special interest groups that come to our state can try to change our laws and change our constitution,” Rep. Kendon Underwood, the Republican sponsor of House Bill 1419, testified “by just getting signatures from 15 counties.”

In the over 100-year history of citizen-initiated ballot measures in Arkansas, no initiative has ever qualified with signatures from only 15 counties. Zero. Moreover, to pass a statutory or constitutional initiative requires much more than merely gathering petition signatures; it mandates a majority vote of the people of Arkansas.

As for “out-of-state” special interests, the ballot issues referred by legislators last election received more such funding than the lone citizen-initiated measure. 

There’s more to unpack. 

“Changing” the state constitution is too easy? Well, HB-1419 hikes up the constitutional requirement that citizen petitions qualify in “at least 15 counties” to now 50 counties out of Arkansas’s 75 counties — a more than 300 percent increase. 

You read that correctly. Mr. Underwood’s proposes to amend the constitution with a simple statute. Textbook unconstitutionality. Yet, that statute has now passed both houses of the legislature and Governor Sarah Huckabee Sanders says she will sign it.

In both 2020 and 2022, legislators placed constitutional amendments on the ballot to entice Arkansans to vote away their initiative and referendum power. Both times Natural State voters said no. One of the provisions defeated in 2020 would have increased the number of counties in which petitions must reach a threshold to 45.

After voters rebuffed legislators on those amendments, the politicians now decide to weasel their way around the constitutional restraint. 

My, they’re real politicians now!

Legislators also declared “an emergency” so HB-1419 will immediately go into effect, because there’s an urgent need “to enhance and protect Arkansans’ voice in the ballot initiative and referendum process.” 

Why not tell the Big Lie? They’ve told every other size.

This is Common Sense. I’m Paul Jacob.

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initiative, referendum, and recall term limits Voting

They Shoot Horses, Don’t They?

Citizen Initiatives, term limits, North Dakota

North Dakota state representatives (and I use that term loosely) are unhappy. 

Very unhappy.

They have no use for the Ethics Commission that voters established back in 2018 by passing a constitutional amendment initiated by citizen petition. State legislators reacted by trying to — ahem — “fix” the horse the ethics measure “rode in on.” 

That is, wreck the state’s ballot initiative process, to prevent citizens from making such reforms happen . . . without any “help” from politicians.

Legislators placed a constitutional amendment on the ballot to require that any citizen-initiated amendment be approved not merely by North Dakota voters, but then by both chambers of the state legislature. Their amendment, amid uproar, was finally amended so that if legislators voted the initiative down, voters would get a second vote on it. 

Still, 62 percent of voters said, “No, thanks!”

Then, in 2022, the state Chamber of Commerce and other special interests attempted to use the citizen petition process, which they always say is way too easy. Yet, these insiders failed to gather enough signatures to qualify their measure requiring a 60 percent supermajority to pass an initiative. 

Meanwhile, term limits supporters gathered enough signatures* and, last November, North Dakotans said, “Yes!” 

Seems politicians in Bismarck, the state capital, are even less fond of term limits. They’ve introduced a raft of bills designed to kill the citizen petition process:

  • House Bill 1452 would slap a 90 percent tax on contributions to ballot measures by any American living outside North Dakota. 
  • House Bill 1230 would fine a campaign committee $10,000 and each of committee member $1,000 each if the petitions they turn in fail to have enough valid signatures to qualify the initiative.
  • Senate Concurrent Resolution 4013 would amend the state constitution to (a) require 25 percent more voter signatures, (b) outlaw any payment to signature gatherers (something the U.S. Supreme Court has already unanimously ruled state governments cannot do), (c) block new residents from petitioning in the state for in some cases over a year, and (d) mandate a 67 percent vote to pass a citizen-initiated ballot measure.  

North Dakota legislators prove the case for term limits. And the horse it rode in on: citizen initiative.

This is Common Sense. I’m Paul Jacob.

* Though term limits supporters had to fight the 30-year incumbent Secretary of State’s attempt to block the petition all the way to the state’s highest court, which ruled unanimously to place term limits before the voters.

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election law general freedom initiative, referendum, and recall

O, to Oust!

Santos

Everyone seems to agree: newly-minted U.S. Rep. George Santos (R-NY) — if that’s even his real name — is a cheat and a scammer who doesn’t belong in Congress.

Except, of course, Congress is exactly where you’d expect to find such a person!

Especially when voters don’t discover the truth about said candidate until it is too late.

“The constituents in NY-3 elected Representative Santos in part due to his biographical exaggerations and apparent deceptions,” complains Congressman Brandon Williams (R-NY).

Still, House Speaker Kevin McCarthy (R-Calif.) isn’t comfortable pushing to oust the fraudster — which would require a two-thirds vote of the House of Representatives — without the Ethics Committee first finding sufficient official wrongdoing. Even given the fantastical pre-election fibbing, the Speaker points out that “the voters have elected George Santos” and “they have a voice in this process.”

Only that’s the problem. Voters don’t have a voice.

“There is no way for constituents to recall a member of Congress,” informs The Washington Examiner, “though they can be expelled in the House by a two-thirds vote. This action has only been taken five times in history, only against members convicted of crimes and only twice for crimes other than the treason of joining the Confederacy during the Civil War.”

Speaker McCarthy doesn’t speak for the voters in NY-3. Neither can two-thirds (or even ninety-nine percent) of Congress.

But Congress can and should let voters speak for themselves. 

And not just this once with Serial Liar Santos. Let voters conduct the official ouster whenever those citizens realize they’ve been had, whenever they determine that they have a turkey representing them.

Every member of Congress — Republican, Democrat or independent — should stop virtue-signaling with press statement pronouncements to the effect that Congressman Santos “should” resign. 

Instead, legislate for the people; give us the power of recall.

This is Common Sense. I’m Paul Jacob.

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Accountability education and schooling initiative, referendum, and recall

Weak Link in Chain of Corruption

education, indoctrination, public school, private school, home schooling

How do you replace anti-child school board members with persons of common sense? That is, with those who favor educating children rather than indoctrinating them with socialism and racism?

This is not a battle that all parents need to fight directly on behalf of their own children. Those who can enroll them in a sane private or charter school, or homeschool them, may do that instead.

But parents who are taking on corrupt school boards have found a couple of very effective approaches.

One, recall campaigns. 

Some board members are so horrible that parents will catapult themselves to polling stations for the chance to oust them. Unfortunately, not all voters everywhere have the right to recall crummy officials.

Two, regular board elections.

But to succeed in replacing the zanies entrenched in many school boards with better persons, one must field appropriate candidates.

Among those who have been doing the necessary preparatory work in Minnesota, where “the teachers’ union, Education Minnesota, has largely run our state for decades,” are John Hinderaker of Powerline fame and the members of his organization Minnesota Parents Alliance.

The Alliance reports that in the recent election, its candidates won 49 seats statewide, “with victories in 15 of 19 targeted districts.”

It’s just a beginning. But, wow, a substantial beginning. And fast. The Alliance was created only a year ago. This achievement is also a ray of hope and proof of concept that we parents (and grandparents; and uncles and aunts) in the other 49 states really need.

This is Common Sense. I’m Paul Jacob.

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ballot access initiative, referendum, and recall term limits

Sketchiest Etching

term limits, Michigan, hourglass, sand

State legislators placed Proposal 1 on the Michigan ballot to weaken their own term limits. It would let current incumbents stay up to twice as long in a single office and allow termed-out former legislators to return. 

Nonetheless, its elite backers insist that it makes term limits tougher.

To give proponents something to talk about other than this term limits scam, Proposal 1 also adds weak financial disclosure requirements for legislators — similar to (but weaker than) the rules that keep the U.S. Congress . . . so clean and honest.

“Never have so few applied so much lipstick to such a pig,” is how one Michigan term limits activist describes it.

That’s big lie #1 on the Great Lakes State ballot. 

Big lie #2 is Proposal 2, leftists’ feel-good voting rights measure funded by $10 million (and counting) in outside dark money (which I thought they abhorred). It guarantees stuff like a ballot dropbox on every corner and free postage for mailing back absentee ballots, etc., etc., etc.

Its real purpose is to place a new right into the Michigan Constitution: The right to vote WITHOUT showing any official photo identification. In fact, no ID whatsoever. Instead, the amendment establishes that simply signing a statement that, aw shucks, you are who you say you are, is all that can be required.

With Proposal 2 making any actual voter ID requirement unconstitutional, what’s their pitch to Michiganders?

“Proposal 2 etches voter ID into our state constitution,” declares one television spot.

Another proclaims Proposal 2 puts “voter ID requirements” into “our constitution” to make elections “safe and secure.”

Michigan’s Etch-a-Sketchiest insiders are actually promoting a prohibition of voter I.D. as a demand for that very thing. That’s the audacity of . . . fraud.

This is Common Sense. I’m Paul Jacob.

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initiative, referendum, and recall judiciary term limits

The Fix Wasn’t In

Al Jaeger has been the Secretary of State in North Dakota

Something totally unexpected — by me, at least — happened earlier this month in North Dakota. It concerned a citizen initiative to term-limit the Peace Garden State’s governor and state legislators.

Not unexpected, however, how often term limits measures meet resistance from long-serving politicians, judges, and officials.

Al Jaeger has been the Secretary of State in North Dakota for the last 30 years. This is Mr. Jaeger’s final term; at age 79, he’s not seeking re-election.

Back in February, Jared Hendrix and the North Dakota Term Limits committee submitted over 46,000 voter signatures on petitions to Jaeger’s office, enough to far surpass the 31,164 requirement to earn a spot on this November’s ballot.  

Yet, in March, Secretary Jaeger ruled that the petition fell far short of the requirement, throwing out over 15,000 otherwise valid signatures because the petitions were notarized by someone he “suspected” of fraud. Before making this public announcement, however, Jaeger had brought proponent Hendrix into his office and, along with the state’s attorney general, threatened criminal prosecutions unless he withdrew the petition.

Hendrix refused to cave. And with help from U.S. Term Limits, the North Dakota group challenged the secretary’s denial. Still, when a lower court judge agreed that Jaeger, with all his experience, could make such sweeping judgments to disqualify petitions, I feared the fix was in. 

But earlier this month, the surprise: the North Dakota Supreme Court ruled, unanimously, that Jaeger had misapplied the law and ordered the amendment placed on the ballot as Measure 1.

Yes. Misapplied. Deliberately?

Thankfully, the term limits amendment includes a provision to prevent itself, if passed, from being overturned except by another citizen initiative. 

We know how eager establishment politicians are to kill term limits by hook or by crook, mostly crook.

This is Common Sense. I’m Paul Jacob.

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initiative, referendum, and recall too much government

SF Scheme Scuttled

San Francisco, taxes, income, GBI

The proposed tax was very popular. In San Francisco. It polled at nearly 75 percent in favor. 

But it possessed a fatal flaw. 

And worse.

The fatal flaw? The numbers didn’t add up.

Organizers spent nearly half a million bucks developing and promoting and getting the petition signatures to place Proposition K on this November’s ballot.

The notion? Tax Amazon sales within city limits to fund a guaranteed income scheme in the Golden City.

But then they learned — after it qualified for the ballot — that it was an incoherent tax-and-spend mess. Its chief pusher, John Elberling, admitted, reports The San Francisco Standard, that “he made mistakes in calculating how Amazon earns its revenue in the city.” And, The Standard continues, “the City Controller’s office found that the tax measure would actually harm hundreds of small businesses in San Francisco and cut revenue to the city’s general fund by about $10 million a year.”

So Elberling ate crow, admitting to error (and also, apparently, to misleading petition signers), and a judge removed Prop K from the ballot.

Whew. Disaster averted.

Alas, Elberling promises to “perfect” his scheme, and advance it again.

Which is ominous, for the core idea itself — adding on more taxes to fund a trendy-but-disastrous “guaranteed income” — is not the way out of California’s progressive-induced nightmare. It’s just a vastly bigger version of what’s gone on before.

If Californians don’t develop more common sense about the limitations of salvation-by-government, they are doomed to repeat such folly.

That goes double for San Franciscans.

Who this time have a reprieve, thankfully.

This is Common Sense. I’m Paul Jacob.

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Accountability education and schooling initiative, referendum, and recall

After Recall, Revival

San Francisco, dumpster fire

Is San Francisco waking up from its dystopian nightmare?

The egalitarians who have pushed the great city into absurdity have suffered another setback.

The earlier victory for sanity was won in a landslide election this February when parents recalled three members of the local school board for doing things like renaming 44 schools to conform to a left-wing agenda, keeping San Francisco schools closed because of outsized fears of the pandemic, and using a lottery system to undermine the magnet school Lowell High.

The lottery ended Lowell’s merit-based admissions, preventing the most qualified students from getting in unless they happened to get a lucky number. A step was thus taken toward reducing all students in the district to the same low academic level. Obviously, kids too behind or lazy to be even good students let alone top students would not suddenly become stellar academicians merely by winning a lottery.

The three board members ousted in February were the only ones then eligible to be recalled. Now the reconstituted board has voted 4-3 against extending the lottery system. The vote restores merit-based admissions.

A victory, but way too narrow. One flipped vote and the district would be back to hobbling the best and brightest.

The three anti-education board members who voted against the best possible future for the best students are Kevine Boggess, Mark Sanchez, and Matt Alexander.

They should be recalled or at least defeated in their next election. Since district parents are on the alert and active, there’s a good chance that this will happen.

This is Common Sense. I’m Paul Jacob.

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Good News . . . For Now

Florida, legislature, citizens initiative

For now.

One must always add that proviso — at least with respect to constitutional provisions like term limits and citizen initiative rights, which limit the power of lawmakers and expand that of citizens. For these, incumbents’ hostility never ends.

But for now? The news is good. 

The Florida House of Representatives website reports that HJR 1127 “Died on Second Reading Calendar” in mid-March. The same fate is reported for the companion senate bill.

The measure would have amended the constitution to limit citizen-initiated amendments “to matters relating to procedural subjects or to structure of government or of State Constitution.”

Citizen initiatives would have been prohibited from dealing with policy matters, including legislatively enacted (or citizen-enacted) policy that voters seek to reverse.*

During the battle over the measure, Kara Gross of the ACLU observed that some lawmakers “continue to find new ways to make the already-stringent citizen initiative process even more challenging.”

One legislator who challenged the Republican-sponsored measure was Democratic Representative Andrew Learned.

“Is it really best that the legislature make decisions and not the citizens of Florida on the ballot?” he asked. “If the people of Florida at the ballot aren’t a check on the legislature, I don’t know what is.”

No matter how unpopular such a bill might be with mere constituents, many lawmakers would have had no problem imposing it. As a constitutional amendment, though, such a change must be approved by voters. 

And that proved a bridge too far.

This is Common Sense. I’m Paul Jacob.

 * Florida politicians cry crocodile tears over citizen initiatives amending the constitution instead of merely changing a statute. Those same legislators refuse to establish a path for citizens to petition statutory changes onto the ballot.

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