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ballot access initiative, referendum, and recall local leaders political challengers Regulating Protest too much government

New-​Fangled Vote Counting

Call me old-​fashioned, but when you go to the pols to cast your vote on a ballot measure, your Yes vote should count for yes and your No vote for no.

And if you choose not to vote, your non-​vote should count for neither yes nor no.

That’s just common sense. Right?

Well, meet its antithesis: Proposal 97, now being considered by Florida’s powerful Constitution Revision Commission (CRC).* Proposal 97 would count all those who do not cast a vote for or against a ballot measure as a No vote against it.

To pass a constitutional amendment in the Sunshine State already requires a supermajority vote of at least 60 percent of those who do cast a vote on the measure. Under Proposal 97, counting all those not voting on it as No votes, that percentage would necessarily go even higher. If 10 percent don’t vote, Yes would have to come in at 67 percent to win.

This is minority rule … with an extra perverse twist.

The supermajority requirement encourages big money interests to spend heavily against ballot initiatives — even when the issues have clear majority support — because if they can manage to lose by less than 20 points (60 – 40 percent), they win. Now all opponents need do is poison the water with the nastiest campaigning imaginable, causing more voters to throw up their hands or pinch their noses and avoid the issue …

… thus, being counted as voting No.

Don’t abstain. Stop Proposal 97. Tell them NO here.

This is Common Sense. I’m Paul Jacob.

 

* How powerful is the CRC? Every 20 years it meets with the awesome authority to refer constitutional amendments directly to the ballot — as many as it wishes and the amendments can be packaged to include several different subjects. No other state has a similar body. Of the 37 commission members, the governor appoints 15, the Senate president and the House speaker each appoint nine, the chief justice of the state supreme court appoints three and the attorney general is an automatic member.


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general freedom individual achievement local leaders political challengers responsibility

Liberty Rising?

“Let me make something very clear,” Nick Freitas stated unequivocally. “I don’t have a political career.”

Freitas, a Republican member of Virginia’s House of Delegates announcing his candidacy for the United States Senate, was responding to advice that running against incumbent Sen. Tim Kaine “could hurt [his] political career.”

It’s music to my ears. And to Matt Kibbe’s. The leader of Free the People calls Freitas “the most interesting liberty Republican you’ve never heard of.” 

Yet, in Virginia’s conservative networks, Freitas has made quite a name for himself, defending the Second Amendment and fighting Medicaid expansion in a one-​seat GOP-​majority House. 

“You can’t fix everything through government force and coercion,” he explained to Kibbe. “If the path we’re going down, which is just ‘let us manage the federal government as it continues to expand, as it continues to increase debt,’ that’s just not a Republican Party I’m interested in.”

Del. Freitas added that the American people seem similarly uninterested.

Perhaps he is simply telling us what we want to hear. He wouldn’t be the first bait-​and-​switch politician. But Freitas isn’t exactly playing for the bleachers by naming Calvin Coolidge rather than Ronald Reagan as “the best president of the 20th century.”

And he talks about individual liberty, which, he explains, is “based off the premise that I have a right to pursue happiness in accordance of what my definition of happiness is, so far as it doesn’t infringe on your right to do the same thing.”

He had me with “I don’t have a political career.”

This is Common Sense. I’m Paul Jacob.


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Accountability incumbents local leaders moral hazard term limits

Too Ignorant to Lead

I’m convinced.

Oklahoma State Senator Mike Schulz, leader of his chamber, has persuaded me that he just can’t do his job. He should have resigned years ago. Too late now, alas; he’s about to be termed out of office. 

Well, better late than never, I always say.

Schulz burbles that he’s being ejected by Oklahoma’s lax 12-​year legislative term limits just as he is on the verge of being almost about to begin to make a solid start toward concluding the commencement of embarking upon truly hitting his stride … and I believe him. He also accuses his colleagues of equal lethargy vis-​à-​vis learning their jobs. 

Can such calumny be correct?

Lest I be accused of invidious paraphrase, which I would never, let me quote Schulz’s words in defense of even weaker term limits as transcribed by The Oklahoman: “At the four-​year mark, you start feeling comfortable with what you’re doing. At the eight-​year mark, you know a little bit more but you still don’t know it all. At the 12-​year mark, you certainly know more but you still don’t know everything you need to know.”

Indeed, Schulz recently failed to steer to passage legislation that would have hiked taxes on Oklahomans, thereby demonstrating terrible deficiency in his grasp of tax-​hike leadership.

Gentle Reader, listen to this man. At your next job interview, let your prospective employer know that you feel fully confident in your ability to do a darn good job … within 16 years.

This is Common Sense. I’m Paul Jacob.


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Accountability ballot access general freedom government transparency initiative, referendum, and recall local leaders moral hazard

Fear of Voters

You are a state legislator, say. And an issue could be placed on the ballot on which a majority of your state’s citizens might not vote according to your preference. What would you do?

  1. Educate your fellow citizens on the merits of your position; or
  2. Dawdle while calling a lobbyist for advice; or
  3. Change the constitution to make it impossible for such a vote to ever be held?

State Rep. John Enns chose option C — perhaps after exhausting B. Stamping out Oklahoma’s ballot initiative process, freeing Enns and other legislators from this citizen check at the ballot box, is the essence of his House Bill 1603. 

The Sooner State already possessed the toughest petition requirements in the country.  Supporters must gain the country’s highest percentage of voter support (15 percent) while limited to the second shortest time period (90 days) to circulate petitions. 

On top of this current statewide slog, Enns’ constitutional amendment would require also qualifying in every single county. Oklahoma has 77 counties.

As the Tulsa World editorialized, “he wants to make it impossible.”

What lousy rationale lies behind Enns’ desire to destroy democratic governance? 

In response to another legislator’s query about his “fear that some marijuana bill will … become a state [ballot] question,” Enns claimed his effort was “not pre-​emptive.” But he acknowledged his strong opposition to legalizing recreational marijuana, which he pointed out “had been done through initiative petition” in other states.

Enns is afraid of Oklahoma voters having their say. He should be.* 

This is Common Sense. I’m Paul Jacob.


* I mean, of course, that Rep. Enns should fear being booted out of office on his keister. He should not have to fear physical reprisal. The Tulsa World reports that the Oklahoma Highway Patrol is now providing security to Enns, after a death threat was received related to his HB 1603.


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general freedom government transparency initiative, referendum, and recall local leaders moral hazard political challengers responsibility term limits too much government

Graceless Memphis Politicians

“We could care less about instant runoff voting,” fibbed Allan Wade, the city attorney for Memphis, Tennessee. 

Wade was rebutting the recent Commercial Appeal revelation that Memphis’s “City Council worked behind the scenes to find a sponsor for legislation this year that could ban instant-​runoff elections statewide.” 

After long relying on the mayor’s lobbyists, was it purely coincidental that the council suddenly spent $120,000 on its own Nashville lobbyists?

One of the bill’s sponsors, Rep. Mark White (R‑Memphis), missed the memo. He acknowledged being “approached … on the council’s behalf to ask if he would again sponsor the bill.” A lobbyist also confirmed to the Memphis Flyer that the council engaged him to push the ban on what is also known as ranked choice voting.

So, the city council is directly lobbying the Tennessee Legislature to overrule their city’s residents — who voted 71 percent YES for instant runoff voting in 2008. 

And there’s a twist. The council has placed two measures that would repeal instant runoff voting on this November’s ballot, hoping to somehow convince voters to scrap the reform. Wait … why lobby the legislature when the voters are already set to make the decision?

Oooooooooohhhhhhhh!!!!!!!!!!!!!!!!!!!

“Now they are using our money to take away that choice from us,” protests Aaron Fowles with Save Instant Runoff Memphis.

This city council — in addition to their sneaky, anti-​democratic assault on instant runoff voting — has also placed a measure on the ballot to weaken their own term limits, passed by an 80 percent vote.

To paraphrase Memphis’s King, these rabid-​dog politicians ain’t never caught a rabbit and they ain’t no friends of ours.

This is Common Sense. I’m Paul Jacob.

 

P.S. After media coverage, a hearing on the Senate version of the bill to ban instant runoff voting, SB 2271, was abruptly postponed for three weeks.


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Categories
crime and punishment folly general freedom local leaders moral hazard nannyism privacy responsibility too much government

The Winds of Regulation

Among the many goofy occupational licensing laws in these United States, Arizona’s licensing for professional blow-​drying services is up there with the silliest. 

“Under current law, using a blow-​dryer on someone else’s hair, for money, requires more than 1,000 hours of training and an expensive state-​issued license,” we learn at Reason. “Blow-​drying hair without a license could — incredibly — land you in jail for up to six months.”

This came into the news because of a campaign to deregulate the cosmetology industry — just a bit, anyway. Gov. Doug Ducey, in his recent State of the State address, “mocked the state agency that licenses stylists, barbers, nail technicians and affiliated professionals in Arizona, and endorsed legislation to remove training requirements for those who simply wash, brush and blow-​dry customers’ hair.”

Licensed cosmetologists — well, at least some organized ones — have gone into a tizzy.

Hardly surprising, since occupational licensing, though usually argued for on consumer safety grounds, rarely finds consumers clamoring for it. 

It’s groups of established businesses, professionals.*

Brandy Wells, the sole non-​cosmetologist on the state board overseeing the regulation of the industry, supports the liberalizing bill. So of course she has been called every name in the book. But even she was amused by one stylish denigration: “your logic on deregulation of cosmetology is much like your hair, dull and flat.”

The issue may seem trivial, with not all that much on the line — though jobs are … and freedom is

But it doesn’t lack for hot air.

This is Common Sense. I’m Paul Jacob.

 

* As Adam Smith argued, whenever businessmen (“dealers”) in the same industry group together, their proposals should be listened to “with great precaution.”


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