Category: local leaders

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Accountability general freedom initiative, referendum, and recall local leaders

Citizens Triumphant

Ohio, initiative, legislature, Ohio Constitutional Modernization Commission,

Last week, the Ohio Constitutional Modernization Commission considered whether to recommend a constitutional change to create an obvious double standard: requiring citizen-​initiated constitutional amendments to obtain a 55 percent supermajority vote, while the very same amendments proposed by legislators would only need 50-​percent-​plus-​one for passage.

I traveled to the capitol in Columbus, joining a room full of Ohio citizens and organizations testifying in opposition. As I explained at Townhall yesterday, after hearing from the people, the Commission tabled the idea.*

For more than four years, the Constitutional Revision and Updating Committee deliberated over how to improve the constitution and came to a consensus in favor of the aforementioned double standard (sent to the full Commission). And yet, at a well-​attended public hearing, no one defended the proposal.

While bias favoring the legislature seemed obvious, commissioners bristled at the suggestion that — established and funded by the legislature — they lacked independence. “If there were one or two legislative members on our committee, that was it,” offered non-​legislator Janet Abaray. 

Actually, four of the nine members on Abaray’s committee are currently state legislators — not one or two. Plus, two more previously served in the legislature. That’s two-​thirds of the committee comprised of current or former legislators.

Moreover, the published minutes provide a peek into the thinking behind the proposed double standard. For instance, “what have emerged lately are initiated amendments to the constitution that are inconsistent with the purpose of the constitution.”

It is the people who will decide what belongs in the people’s constitution — not the legislature.

And not the legislature’s commission. 

That’s the truth that Ohioans spoke to power. 

And power listened. 

This is Common Sense. I’m Paul Jacob.

 

* The commission came to this conclusion with only one dissenting vote.

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folly free trade & free markets local leaders moral hazard nannyism property rights responsibility too much government

Housing Horror

Oregon, housing, rent control, urban, planning, low income, land, property rights

Housing in Oregon’s north-​central urban region is becoming more and more like San Francisco’s — out of the budgetary reach of huge swaths of average workers. 

“The median rental household can’t comfortably afford a two-​bedroom apartment in 28 of Oregon’s 36 counties,” Elliot Njus writes for The Oregonian. But it is worst in Portland and the three counties in the region: Multnomah, Washington, Clackamas. 

The findings come from a group called the National Low Income Housing Coalition. Njus quotes Alison McIntosh, of another group, the Neighborhood Partnerships, who not unreasonably concludes that “folks are really struggling to make ends meet.”

Well, yeah. This was predicted, long ago.

The state of Oregon began a comprehensive land-​use planning system, decades ago, to prevent urban sprawl. At about the same time the Portland-region’s three major counties began a concentrated effort to … concentrate populations within the area. Confine them. Regulate them. Economists and other critics* from the very beginning predicted rising housing costs. And other problems.

Now, of course, the usual groups react in precisely the wrong ways: rent control. The State House in Salem recently passed legislation to uncork rent control. Thankfully for renters, the Senate nixed the idea. 

But we can be sure this proven housing killer (a disaster where tried) will resurface. Common sense (as well as reams of economic research) tells folks how bad an idea this would be, exacerbating the problem it aims to solve.

Alas, some folks look at government more as magic than as just another flawed, human institution.

This is Common Sense. I’m Paul Jacob.

 

* One set of critics can be found at the Cascade Policy Institute, which describes Oregon’s land-​use regulatory system as “the nation’s most restrictive” — adding that “every square inch of Oregon has been zoned by government planners, with the result that development of any type is prohibited on most private land.”

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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.

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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.

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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.

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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.

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Original cc Photo by Tim Evanson on Flickr