Categories
initiative, referendum, and recall term limits

Seventh Time’s the Charm?

“You have to give the public something,” explained termed-​out former Councilperson Emily Evans, a few years ago. She was referring to a 2015 initiative she had pushed. The unsuccessful measure had tempted voters with a smaller council in exchange for weakened term limits.

On Tuesday’s ballot, voters find lame attempt number seven by Metro Nashville Council’s to weaken or repeal their own term limits. As I told readers of the Wall Street Journal over the weekend, that makes for a council-​forced do-​over on term limits every 3.4 years for the last 24 years — since 1994, when greater than 76 percent of Nashville-​Davidson County voters passed a consecutive two-​term limit on councilmembers.

Voters have repeatedly said no to the council. 

But this time there is a twist, an incredibly enticing enticement having been carefully coupled with the undercutting of term limits. Only totally sexist male Nashvillian Neanderthals could possibly ignore this special offer. (And perhaps, too, the poor women they purportedly tell how to vote.)

Amendment 5 not only guts term limits, it also installs much-​needed gender neutral language into the term limits section of the charter. In practical terms, it changes wording from “councilmen” to “councilmembers.”

How to choose? 

Keep term limits by voting NO? Or accept weak limits but fasten onto the freedom to stand on your own two feet and proudly say, “councilmember”? 

I tremble at the tendered trade-off.

Turns out, luckily, that Nashville voters can keep their term limits and use gender neutral terms too. The following ballot measure, Amendment 6, updates the entire charter with gender-​neutral language. 

NO on Amendment 5, YES on Amendment 6.

Whew! 

That was close.

This is Common Sense. I’m Paul Jacob. 

 


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Categories
initiative, referendum, and recall insider corruption term limits

Lie, Cheat AND Steal

Sometimes lying just isn’t enough. But dishonest politicians have additional weapons at their disposal. There’s cheating. And stealing, too.

Meet the Memphis City Council.

Apparently fearful that their official fibbery through deceptive ballot wording on three council-​referred measures won’t be enough to successfully hoodwink a majority of voters, the council has decided to ramp the chicanery up a notch.

“I think it’s pretty clear that the ordinances were intentionally written by the city council and its attorney to confuse voters,” writes Bruce VanWyngarden, editor of The Memphis Flyer. “They are attempting to extend term limits from two terms to three terms, but they don’t have the courage to ask for it honestly.”

That’s the lying. And here’s where stealing jumps ahead of cheating.

Last week, the city council voted 5 – 3 to snatch upwards of $40,000 in city money and spend it, as the Memphis NBC affiliate reports, “in support of extending term limits, suspending instant runoff voting, and repealing instant runoff voting.”

Council Chairman Berlin Boyd says the goal “is merely educating the constituents and letting them know our position on these referendum items.” But it is the constituents’ money, city tax dollars, not a political slush fund for the Council.

Furthermore, the people’s money should never be spent for or against a question on the ballot. That’s … cheating.

“They are trying to undo the will of the voters,” argues Steve Mulroy, a law professor and instant runoff activist, by “misappropriating public funds” for “a propaganda campaign.”

Precisely.

To keep things in perspective, however, let’s acknowledge that the Memphis City Council has not dismembered anyone with a bonesaw.

Yet.

This is Common Sense. I’m Paul Jacob.

 


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Categories
general freedom term limits

The Bonesaw Massacre

Last week, the Washington Post published journalist Jamal Khashoggi’s final column. Khashoggi was apparently murdered by dismemberment at the Saudi consulate in Istanbul, Turkey, earlier this month.

“The Arab world is facing its own version of an Iron Curtain,” Khashoggi wrote, “imposed not by external actors but through domestic forces vying for power.”

Decrying that “Arab governments … continue silencing the media at an increasing rate,” he called for the U.S. to “[play] an important role in fostering and sustaining the hope of freedom,” advocating the equivalent of a Radio Free Europe to reach nearly 400 million Arabs.

The Saudi dissident highlighted Freedom House’s 2018 report “Freedom in the World,” noting that “only one country in the Arab world … has been classified as ‘free.’ That nation is Tunisia. Jordan, Morocco and Kuwait come second, with a classification of ‘partly free.’ The rest of the countries in the Arab world are classified as ‘not free.’”

Perusing that report’s coverage of the Americas, I noticed a section on “Gains and declines show value of electoral turnover.”

“Under new president Lenín Moreno, Ecuador turned away from the personalized and often repressive rule of his predecessor, Rafael Correa,” the report states. “Moreno has eased pressure on the media, promoted greater engagement with civil society, proposed the restoration of term limits, and supported anticorruption efforts …”

In Bolivia, sadly, “the constitutional court … struck down term limits that would have prevented incumbent leader Evo Morales from seeking reelection. Voters had rejected the lifting of term limits in a 2016 referendum, and international observers called the court’s reasoning a distortion of human rights law.”

Rotation in office — you know, like provided by term limits — appears strongly linked to freedom.

The lack of which having proved tragic for Jamal Khashoggi.

This is Common Sense. I’m Paul Jacob.

 


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Categories
initiative, referendum, and recall insider corruption term limits

Corruption, Arkansas-​Style

On Friday, the Arkansas Supreme Court struck Issue 3, a citizen-​initiated measure to restore legislative term limits, from Arkansas’ November ballot. The Court declared, 4 – 3, that there weren’t enough “valid” signatures.

This, despite opponents never disputing that more than enough Arkansas voters had signed the petition.

In recent years, legislators have enacted a slew of convoluted laws, purposely designed to wreck the initiative and referendum process.* The regulations give insiders and partisans a myriad of hyper-​technical “gotchas” that can be used to disqualify whole sheets of bonafide voter signatures.

“The legislature,” explained former Governor Mike Huckabee recently, “sucker-​punched the people of Arkansas and expanded their terms. They did it, I think, very dishonestly — by calling it an ethics bill … that had nothing to do with ethics. It was all about giving themselves longer terms.”

Since getting away with that 2014 ballot con job, giving themselves a whopping 16 years in office, seven Arkansas state legislators have been indicted or convicted of corruption. The author of that tricky ballot measure, former Sen. Jon Woods, just began serving an 18-​year federal prison sentence for corruption.

Other corruption, that is.

“It’s one reason I think term limits are a very important part of our political system today,” said Huckabee. It is, he argued, “easier to get involved in things that are corrupt the longer you stay.”

Now, sadly, after 2014’s fraudulent ballot measure and two 4 – 3 state supreme court decisions neutering the entire ballot initiative process, political corruption can continue unabated in the Natural State. 

This is Common Sense. I’m Paul Jacob.

 


* The state supreme court has ignored the clear language in the state constitution regarding such petitions: “No legislation shall be enacted to restrict, hamper or impair the exercise of the rights herein reserved to the people.”

N.B. For relevant links, check yesterday’s splash page for this weekend’s Townhall column.

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Categories
term limits

In the Pudding

Republicans have made much hay of the Mercatus Center map of our United States, colored by fiscal condition. Why? Well, nine out of the ten least financially stable state governments are run by Democrats.

But there’s another way to look at it.

“Only 15 state legislatures in the U.S. are term limited,” U.S. Term Limits President Philip Blumel writes in a letter to the Mercatus folks. “However, four of your top five fiscally healthy states are term limit states.”

And how many of Mercatus’ bottom five states possess term limits?

Zero.

That’s 80 percent of the top states from a fiscal standpoint coming from just 30 percent of states where legislators are limited. And no state with term limits can be found at the bottom of the heap.*

Now, these impressive results do not prove “that this fiscal outperformance is due primarily to term limits,” Blumel admits. Instead, they do “effectively disprove a common objection to term limits.”

Legislators sans term limits are not “too inexperienced.” Indeed, these state rankings show the suffering, instead, lopsided on the states with no limit on how long legislators can stay in office. 

Blumel points out that term-​limitless Illinois, with the “longest speakership in U.S. history under Mike Madigan,” ended up dead last, fiftieth.

“Legislators in term limit legislatures,” he argues, “have a broader range of experience than in non-​term limited legislatures.” 

Reasonable. 

No extrapolation necessary, however, for the basic conclusion: State government fiscal health correlates strongly with legislative term limits.

This is Common Sense. I’m Paul Jacob.

 


* Mercatus’ results are no aberration. “We have seen term limit states crowd the top end of the ALEC rankings as well,” notes Mr. Blumel.

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Categories
initiative, referendum, and recall term limits

The Perfect Couple

A marriage made in … democracy? 

Last Thursday, at the 2018 Global Forum on Modern Direct Democracy, held at the Palazzo Senatorio in Rome, Italy, I talked about term limits. And initiative and referendum rights.

Italy’s populist Five Star Movement, the leading party in the new ruling coalition, supports both expanding direct citizen-​initiated democracy and the idea of limiting politicians to no more than two terms in office. So, imagine my enthusiasm on a morning panel of Italian academics, public officials, and practitioners of initiative and referendum.

I urged them to marry the two issues — term limits and direct democracy. Together, they counter-​balance the clear conflict of interest elected officials have with doing the will of the people.

“The citizens are ready,” offered Flavia Marzano, Rome’s City Minister for Citizens Participation, referring to direct democracy. “Maybe so far, politicians are not so ready.” 

She added, “We should merit the trust of the citizens.”

That afternoon, in keeping with the forum’s focus on cities, I delivered a short note on how after Nashville, Tennessee, voters passed term limits in 1994, the Metro Council has peppered the ballot with re-​votes in 1996, 1998, 2002, 2015 and now again this November.

Thankfully, what seems like a novel idea in the political world was just common sense at the Global Forum. Here they recognize that, all over the world, people want to be free from tyranny. And all over the world, voters see term limits as an important way to prevent fiefdoms of incumbency, political stagnation and entrenchment, even dictatorship. 

This is Common Sense. I’m Paul Jacob.

 


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