Category: initiative, referendum, and recall

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First Amendment rights initiative, referendum, and recall national politics & policies

The Oklahoma Three, Free at Last

It seemed hardly necessary. The handcuffs and leg-​irons, I mean. I wasn’t a threat to anybody. Neither were Rick Carpenter and Susan Johnson.

We had been charged with “conspiracy to defraud the state of Oklahoma” for our work to put a spending cap on the ballot.

The metal constraints were for show — to intimidate us and to scare the good citizens of Oklahoma.

The threatened penalty of ten years in prison was scary, too.

Being innocent, we defended our rights, even as the persecution dragged on for a year and half. Not even a preliminary hearing had been completed. Folks wondered if Attorney General Drew Edmondson was more interested in tying us up politically than in prosecuting us legally.

We never got our day in court; the Constitution intervened. Not only did we not break Oklahoma’s residency law, the federal Tenth Circuit declared the law itself an unconstitutional violation of our First Amendment rights.

So, on January 22nd, the AG dismissed the charges. It was a great day — for all of us.

But the underlying mindset of the original law and prosecution remains. Legislators continue to enact unconstitutional impediments against citizen use of ballot initiatives and recall petitions. Too often, officials seek to punish citizens who assert their rights.

Citizens in chains cannot control their government. That’s why, working with the group Citizens in Charge Foundation, I’ll keep fighting.

This is Common Sense. I’m Paul Jacob.

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initiative, referendum, and recall

Amendment 2 … In Plain English

Today in Nashville, Tennessee, two issues are on the ballot. But voters may not  know what they are. Some people don’t want them to know.

You see, Amendment 1, a measure called “English-​Only,” has stirred up lots of controversy. The initiative reads: “Official actions which bind or commit the government shall be taken only in the English language, and all official government communications and publications shall be in English.”

A group called Nashville for All of Us has raised $300,000 and has campaigned against it. In the course of their campaign, every ad urges a vote against both Amendment 1 and Amendment 2.

Yet, strangely, there is absolutely no mention in their ads or on their website as to what Amendment 2 is about — just constant exhortations to vote against it.

Well, in plain English, Amendment 2 has nothing to do with English-​Only. It’s about Nashville voters protecting their initiative rights. Amendment 2 makes it easier to put ballot measures on the general election when the most people come out to vote, rather than on special elections that needlessly cost taxpayers millions of dollars.

Amendment 2 would also standardize and lower the petition requirement to place an issue on the ballot. And Amendment 2 would prevent the Metro Council from amending or repealing measures passed by voters … at least for four years.

No wonder some folks don’t want to discuss Amendment 2.

This is Common Sense. I’m Paul Jacob.

Categories
ballot access initiative, referendum, and recall local leaders

The Spirit of Initiative

Today is inauguration day for President Barack Obama. When I think of presidential inaugurations, I think of John F. Kennedy’s speech on another January 20, back in 1961. Kennedy told Americans to “Ask not what your country can do for you — ask what you can do for your country.”

In other words, government ought not be a spectator sport. Government is us. “We the People” must be engaged. And, around the country, people are engaging in all sorts of ways. Many are launching ballot initiatives. You could, too.

Initiatives allow voters a direct say on issues.

In Missouri, for example, Ron Calzone and Missourians for Property Rights are campaigning for two constitutional amendments to fully protect citizens from continuing eminent domain abuse.

Ron and the group worked their hearts out in 2008 to gather hundreds of thousands of signatures on two petitions. Unfortunately, both measures fell short in one of the six required congressional districts.

Would you have given up, saying you did your duty? Well, Calzone’s troops can be called “the minutemen” because they didn’t quit for a minute. They will not rest until governments are prevented from stealing our homes and businesses, at least in Missouri. The group has filed two new initiatives and will soon be gathering signatures for a 2010 vote.

The inaugural will be televised. I’m told the revolution will not be.

This is Common Sense. I’m Paul Jacob.

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initiative, referendum, and recall

Something for All Seasons

A recent study shows that men tend to react to holiday shopping as if they were soldiers fighting in a war, or police putting down a riot … that is, with extreme stress, high blood pressure, accelerated heart rates.

Maybe that’s why I usually wait so long to do my Christmas shopping. It’s just not healthy.

So, here comes Christmas again and I’m still thinking about my gift list. At the very top of my list is something I wish all Americans had: the right to vote on their own laws.

Yes, what I want most for citizens in every state is to get what only 24 states offer: Voter initiative and referendum.

It’s no panacea. But it does enable “We the People” to nudge — even push — politicians. An amazing number of ballot measures in states with initiative rights have successfully reformed or limited government. Wouldn’t it be great to have that right everywhere?

I know, I know: Wishing for initiative and referendum everywhere is rather like wishing for World Peace. And yet … it’s not. We are Americans, and we can affect our own politics. We can tell our representatives that we simply won’t vote for them unless they pledge to give us legal rights to the initiative process.

Sure, world peace would be better. But we can’t control the world. We can, with effort, convince our very own elected politicians to give us a gift that, as they say, keeps on giving. It’s called initiative and referendum.

This is Common Sense. Happy Holidays. I’m Paul Jacob.

Categories
initiative, referendum, and recall

A Congressman Makes Sense

Have I stumbled upon an alternative universe? There is a congressman actually making sense.

Well, to be more precise, he’s not yet a congressman, he’s Congressman-​Elect Jared Polis, a Democrat from Colorado. Polis is a supporter of voter initiatives and has personally been involved in state ballot measures. He says the initiative process in Colorado and elsewhere “doesn’t work perfectly” but that it is “far better that we have one than that we don’t have one.” That’s certainly true.

Polis argues that “[t]here are some policies that by their very nature are unlikely to ever be implemented by an elected legislature. These are things like campaign finance reform, term limits — types of issues where it affects the members personally.…”

One example Polis cites is the open meetings law passed by initiative in Colorado. “The US Congress doesn’t have that,” he reminded radio listeners recently. “Congress literally still has the smoke filled room.…”

Polis adds that he is “very interested in seeing what a national initiative system might look like.” As a newly minted member, he is expected to introduce legislation to create such a system.

Knowing how Congress works, I’m not holding my breath, of course. The politicians and special interests won’t want any such citizen input.

But it is refreshing to see someone in Congress be serious about empowering the American people. At every level of government, voters should have a check on their elected officials.

That’s simply common sense. 

So is this. I’m Paul Jacob.

Categories
ballot access initiative, referendum, and recall

Barring Democracy in Wilkes-Barre

You may have a right to change your government … but that doesn’t mean government won’t fight back.

In Wilkes-​Barre, Pennsylvania, there was disagreement over a firehouse, whether it should be decommissioned, or not. The mayor wanted it gone; citizens wanted it kept. So citizens got active, petitioning to change the town’s home rule charter to allow voters to decide.

The city could have simply gone along with the petition, allowing a vote. That would have been the republican, democratic, and even decent thing. But instead, Mayor Tom Leighton set the town’s attorneys on the petitioners. They even sued the petitioners for $11,056 in attorney fees, for the city’s fight against their petition.

Now, the mayor had an almost-​plausible excuse. It was about the petitioning, and charges of fraud. Those charges amounted to several folks who signed the petition who later said they’d been misled.

To the petitioners, the issue of attorneys fees seemed like nothing other than an attempt to squelch their rights … and to discourage other uppity citizens.

So they fought back, and, in mid-​November, a federal jury ruled against the mayor and the town, and awarded activist Denise Carey $67,000 in her civil rights suit.

Carey’s lawyers had put the case very plainly, saying that “Mayor Leighton may be able to take away a fire station, but don’t let him take away our constitutional rights.”

The jury didn’t.

This is Common Sense. I’m Paul Jacob.