Category: local leaders

Categories
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.

Printable PDF

 

Categories
Accountability First Amendment rights incumbents local leaders Regulating Protest U.S. Constitution

Homer’s Recall Odyssey

recall, election, voting, first amendment, free speech, ACLU, politicians,

Freedom of speech isn’t a free pass to avoid the consequences of what one says. Or does. Tell that to three members of the Homer, Alaska, city council — Donna Aderhold, David Lewis and Catriona Reynolds — who are the subject of a recall petition.

Well, a superior court judge just did.

Represented by the ACLU, the trio sued to block a recall petition with more than enough voter signatures. Their lawsuit challenged the city attorney’s acceptance of the legal rationale for the recall, claiming the recall attempt punishes the politicians for their speech.

“To conclude that anytime a recall petition is based in part or in whole on what a politician said is protected by the First Amendment,” Superior Court Judge Erin Marston ruled, “would be to eviscerate the recall statute to such an extent that the populace would almost never be able to seek recall of any of their elected officials.”

Now the recall moves forward.

In most of this Land of the Free, citizens lack the ability to recall their elected officials. In places that do have the process, it is rarely used. When it is used, it is often portrayed as voters throwing a temper tantrum.

Or an unfair election do-over.

Or mean-spirited ‘vendetta politics.’

Not so. The petition requirements make recalls very difficult. Recalls don’t happen without some serious problems with the current officeholder(s). And once a recall is triggered, there follows a democratic vote to decide whether citizens want to keep the sitting hireling or find someone new.

Seems pretty reasonable.

When politicians are recalled and removed, they deserve it.*

This is Common Sense. I’m Paul Jacob.

 

* The problem seems never to be that good politicians are being recalled, but that too many politicians who should be recalled are not. Back in 2003, the governor of California was recalled. He deserved it. In 2011, a whopping 88 percent of Miami-Dade County voted to recall Mayor Carlos Alvarez. He earned it, too.

Printable PDF

 

Categories
Accountability crime and punishment folly local leaders media and media people national politics & policies responsibility

The Early Vote Worm

Greg Gianforte, Montana, U.S. House of Representatives, Congress, elections, voting, democracy, media

Last week was consequential for Greg Gianforte. Awfully.

The Republican businessman won the special election for Montana’s lone seat in the U.S. House of Representatives. He also body-slammed a reporter. He now faces misdemeanor assault charges.

For which Gianforte apologized publicly . . . as he was declaring victory. Welcome to modern American politics.

Democrats claimed victory, nonetheless — with media cover to boot. “Republicans’ 7-point win in last night’s Montana election is great news for Democrats,” the progressive Vox headlined their report.

At Townhall.com on Sunday, I explained why that claim misses both the forest and the trees. Yes, Trump won Montana by 20 percentage points against Hillary Clinton’s mere 35.4 percent back in November, while Gianforte won last week by only 7 points. But Trump was lucky to be opposed by a very unpopular Hillary.

Moreover, at that same election wherein Trump trounced Secretary Clinton, Gianforte lost the governor’s race to a Democrat. Indeed, Gianforte performed 11 points better last week than back in November — winning, instead of losing.

How does that show Republican support slipping?

The message from the Montana special election is that early voting periods are far too long. Montana’s early voting began nearly four weeks before Election Day. The assault by Gianforte, with criminal charges, hardly mattered, because roughly two-thirds of Montanans had already voted when it occurred.*

Rather than a nearly month-long process, whereby a candidate can bank a majority of the vote before the campaign is over, let’s make Election Day a three or five-day period. Make it easy to vote, but let’s all vote together, with the same information.  

This is Common Sense. I’m Paul Jacob.

 

* This means not only that Gianforte may have “gotten away” with his violent outburst, but that those voters did not have time to adequately appraise Gianforte on information they would have possessed and been able to act upon, with a shorter voting period.

Printable PDF

 

Categories
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.

Printable PDF

 

Original cc Photo by Tim Evanson on Flickr

 

Categories
Accountability free trade & free markets general freedom local leaders media and media people nannyism national politics & policies porkbarrel politics responsibility tax policy too much government

Ballots & Books

New York Times, taxes, tax, libraries, tax cuts, big government, public services, free markets

The people of Roseburg, Oregon, aren’t paying enough in taxes. That’s the upshot of Kirk Johnson’s recent New York Times article, “Where Anti-Tax Fervor Means ‘All Services Will Cease.’”

“For generations in America,” readers are informed, “small cities . . . declared their optimism and civic purpose with grand libraries that rose above the clutter of daily life and commerce.”

And then, the unthinkable: “last fall, Douglas County residents voted down a ballot measure that would have added about $6 a month to the tax bill on a median-priced home and saved the libraries from a funding crisis.”

How dare voters so vote? Didn’t they know the Times wanted those libraries fully funded? Where was the “optimism and civic purpose” of Roseburgians?

“We pay enough taxes,” said auto mechanic Zach Holly.

“The trust is gone from people who are paying the bills,” acknowledged an elected commissioner one county over.

Even Jerry Wyatt, who voted for the library tax, decried that, “There’s no end of waste” in government, adding, “We need less people on the county payroll.”

Meanwhile, the Times reporter explained that “few places” are confronting “the tangled implications . . . more vividly than in southwest Oregon.” It’s not merely “lights out, one by one, for the [library] system’s 11 branches.” There have also been “cuts to the sheriff’s budget . . . [ending] round-the-clock staffing.”

“If a crime is reported after midnight there,” Johnson wrote, “best not hold your breath for a response.”

This is “what happens when citizens push the logic of shrinking government to its extremes.”

To the extreme, eh? Hmmm. Doesn’t seem bad at all.

Douglas County voters made a free choice about libraries and taxes.

Close the book on it.

This is Common Sense. I’m Paul Jacob.

 

* There have also been worthwhile innovations in county government due to the budget cuts. Nearby Curry County combined its juvenile justice department with its parks department to save scarce funds. Then, the parks department began using juvenile offenders to clean up the parks. By engaging teenagers in meaningful work, the policy pushed recidivism rates way down and now Curry County has one of the lowest rates of youths committing a second offense.

Printable PDF

 

Categories
Accountability crime and punishment incumbents local leaders national politics & policies term limits

One Incumbent Falls

U.S. Rep. Corrine Brown, corruption, term limits

When former U.S. Rep. Corrine Brown (D-Fla.) was indicted last July on 24 felony counts of fraud and obstruction, she suggested that if the FBI hadn’t wasted time investigating her for milking a charity for personal gain, they might have prevented the Orlando massacre.

“These are the same agents that was not able to do a thorough investigation of [Pulse nightclub shooter Omar Mateen],” Brown screeched at reporters, “and we ended up with 50 people dead.”

Last week, the former congresswoman* was convicted of 18 felonies related to fraudulently raising $800,000 for the One Door for Education Foundation, which only spent $1,200 on two small college scholarships — 0.0015 of what was raised . . . for college scholarships.

As the Feds put it, Congresswoman Brown and her congressional chief of staff “used the vast majority of One Door donations for their personal and professional benefit, including tens of thousands of dollars in cash deposits that [her chief of staff] made to Brown’s personal bank accounts.”

Hundreds of thousands of dollars were spent on “events hosted by Brown or held in her honor, including a golf tournament in Ponte Vedra Beach, Florida; lavish receptions during an annual conference in Washington, D.C.; the use of a luxury box during a concert in Washington, D.C.; and the use of a luxury box during an NFL game in the Washington, D.C., area.”

The 70-year-old Brown spent nearly a quarter of a century in Congress. Now she awaits sentencing to as many as 277 years in prison — a quarter of a millennia.

It’s yet another good argument for term limits.

This is Common Sense. I’m Paul Jacob.

 

* As I explained in greater detail at Townhall, out of 435 congressional seats up for election in 2016, Congresswoman Brown was one of only five incumbents defeated in the 2016 primary elections. Two of the five defeated — Brown and Rep. Chaka Fattah (D-Penn.) — faced multiple-count felony indictments. Two others were victims of redistricting that pushed them into new districts. Only one incumbent who was un-indicted and running in an incumbent district was defeated.

Printable PDF

 

Categories
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.

Printable PDF

 

Categories
Accountability general freedom insider corruption local leaders moral hazard national politics & policies too much government U.S. Constitution

Separation of Senators

separation of power, conflict of interest, politician, interests, balance of power, civil asset forfeiture, legislative, executive, judicial

The separation of powers doctrine has been a bedrock principle of small-r republican government. Each branch — legislative, executive, judicial — should be independent, and check the power of the other branches.

This requires that no person hold positions simultaneously in more than one branch of government.

Which brings us to Nevada State Senator Heidi Gansert. In addition to being a legislator, she’s currently employed by the University of Nevada-Reno as executive director for external relations . . . an executive branch position.

One can certainly understand why she wants to keep her prestigious legislative perch, while maintaining her annual $203,000 from the university. But those pesky folks at the Nevada Policy Research Institute’s Center for Justice and Constitutional Litigation insist Gansert adhere to the constitution.

They’ve filed a lawsuit.

As if to dramatize why “separation of powers” matters, consider Senate Bill 358, which sought to reform civil asset forfeiture in Nevada. The legislation couldn’t get out of the Senate Judiciary Committee, where State Senator Nicole Cannizzaro is vice-chair. She also holds a $99,000 position as a Clark County deputy district attorney.

“Senator Cannizzaro’s presence on the Senate Judiciary Committee, as it pertains to forfeiture legislation, begs for a lesson on separation of powers,” the Nevada Policy Research Institute’s Daniel Honchariw wrote in the Las Vegas Review-Journal.

“Reform would’ve meant less money for district attorneys,” Honchariw explained, “which, in addition to police departments, directly profit from forfeitures.”

Nevada’s legal precedent on separation of powers is less clear-cut regarding Cannizzaro’s conflicting role in local government, than for Gansert’s state position. But the potential for mischief is the same — and obvious.

This is Common Sense. I’m Paul Jacob.

 

Printable PDF

 

Categories
general freedom local leaders national politics & policies political challengers U.S. Constitution

Wag that Tail, Dog

Maine, ranked choice voting, democracy, constitutionality, law,

Last November, Maine voters passed a ballot measure, Question 5, to begin electing their federal representatives to Congress, and their governor and state legislators, using Ranked Choice Voting. This selection mechanism allows voters to rank their choices, thereby removing the “spoiler effect” that often pushes citizens to support the lesser of two popular evils.*

Last month, Maine’s State Senate submitted advisory questions to the Maine Supreme Court about the new law’s constitutionality.

It is indeed constitutional. “Those who argue that ranked-choice voting conflicts with the Constitution,” explained Marshall Tinkle** in the Bangor News, “seem to be reading things into it that simply are not in the text.”

Last week, the Maine Supreme Court heard oral arguments. Justices Donald Alexander and Joseph Jabar seemed concerned about ranked-choice voting making it easier to vote for the person and not the party.

That’s not unconstitutional. But is it somehow bad?

“We are going to have a lot of people abandoning the political parties if ranked-choice voting remains,” argued Alexander. Or perhaps the parties might better serve voters?

The attorney representing the Committee for Ranked Choice Voting, James Kilbreth, reminded the justices that the voters have spoken, and as to the resistance by legislators in implementing their will, he remarked, “This is the tail-wagging-the-dog kind of problem.”

The courtroom broke out in laughter when Chief Justice Leigh Saufley responded, “Mr. Kilbreth, it’s a fairly large tail.”

I’m a big fan of ranked choice voting***, but the court’s decision is not about the policy. It’s about whether the dog (the people) will wag the tail (the legislators) or vice-versa.

This is Common Sense. I’m Paul Jacob.

 

* Portland, the state’s largest city, has used ranked choice voting since 2011.

** And Tinkle should know, since he “wrote the book” on the subject — the reference book, The Maine Constitution.

*** I serve on the Board of Directors of FairVote, an organization that promotes ranked choice voting and other methods to make every person’s vote count.

Printable PDF

 

Categories
Accountability general freedom local leaders moral hazard national politics & policies property rights responsibility too much government U.S. Constitution

A Bad Haircut

Gov. Butch Otter, Idaho, asset forfeiture, licensing, veto

Eric Boehm over at Reason excoriated Idaho Gov. Butch Otter for giving libertarians “the double bird salute.” Boehm wondered if the governor, in vetoing two bills earlier this month, had been merely “trying to make libertarians mad.”

That’s not exactly fair.

The two blocked bills, one reforming unjust civil asset forfeiture and the other easing pernicious regulation of cosmetology, did certainly appeal to libertarians. But they also appealed to conservatives and liberals. And both passed with bipartisan support.

House Bill 139 would have reduced the number of training hours for a cosmetology license and allowed folks to fix hair at special events like weddings without a license, etc. “The fact that many lawmakers, Republicans and Democrats, liberals, moderates and conservatives, are working together to advance legislation in the interest of economic opportunity and prosperity,” argued Wayne Hoffman of the Idaho Freedom Foundation, “is a thing of beauty for a profession that’s all about beauty.”

But beauty is in the eye of the beholder. Those who run cosmetology schools probably like more mandated hours and folks in the profession might wish for less competition. Governor Otter said as much, complaining that HB 139 was written “without input from interested parties or due regard for the health, safety and welfare of the public.”

Just how dangerous is a bad haircut?

Putting safety in context, Hoffman explained that the current mandated hours of training for a cosmetology license “is more than is required to become an EMT in Idaho.”

Gov. Otter vetoed HB 202, the civil asset forfeiture reform, at the behest of “law enforcement” — the very interested parties who gain from taking people’s stuff without bothering to charge or convict them of a crime.

That makes no sense . . . according to Common Sense. I’m Paul Jacob.

Printable PDF