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initiative, referendum, and recall term limits Voting

They Shoot Horses, Don’t They?

North Dakota state representatives (and I use that term loosely) are unhappy. 

Very unhappy.

They have no use for the Ethics Commission that voters established back in 2018 by passing a constitutional amendment initiated by citizen petition. State legislators reacted by trying to — ahem — “fix” the horse the ethics measure “rode in on.” 

That is, wreck the state’s ballot initiative process, to prevent citizens from making such reforms happen … without any “help” from politicians.

Legislators placed a constitutional amendment on the ballot to require that any citizen-​initiated amendment be approved not merely by North Dakota voters, but then by both chambers of the state legislature. Their amendment, amid uproar, was finally amended so that if legislators voted the initiative down, voters would get a second vote on it. 

Still, 62 percent of voters said, “No, thanks!”

Then, in 2022, the state Chamber of Commerce and other special interests attempted to use the citizen petition process, which they always say is way too easy. Yet, these insiders failed to gather enough signatures to qualify their measure requiring a 60 percent supermajority to pass an initiative. 

Meanwhile, term limits supporters gathered enough signatures* and, last November, North Dakotans said, “Yes!” 

Seems politicians in Bismarck, the state capital, are even less fond of term limits. They’ve introduced a raft of bills designed to kill the citizen petition process:

  • House Bill 1452 would slap a 90 percent tax on contributions to ballot measures by any American living outside North Dakota. 
  • House Bill 1230 would fine a campaign committee $10,000 and each of committee member $1,000 each if the petitions they turn in fail to have enough valid signatures to qualify the initiative.
  • Senate Concurrent Resolution 4013 would amend the state constitution to (a) require 25 percent more voter signatures, (b) outlaw any payment to signature gatherers (something the U.S. Supreme Court has already unanimously ruled state governments cannot do), © block new residents from petitioning in the state for in some cases over a year, and (d) mandate a 67 percent vote to pass a citizen-​initiated ballot measure. 

North Dakota legislators prove the case for term limits. And the horse it rode in on: citizen initiative.

This is Common Sense. I’m Paul Jacob.


* Though term limits supporters had to fight the 30-​year incumbent Secretary of State’s attempt to block the petition all the way to the state’s highest court, which ruled unanimously to place term limits before the voters.

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media and media people term limits

Hypocrisy Not at Issue

“I’ve never said I’m going to unilaterally comply,” Senator Ted Cruz told Face the Nation.

The Texan Republican was talking about term limits. On January 23, he and Rep. Ralph Norman (R‑S.C.) introduced an amendment to the U.S. Constitution to impose term limits on Congress.*

But he was also addressing a complaint.

“Ted Cruz wants two-​term limit for senators – and a third term for himself,” ran the headline in The Guardian; “Ted Cruz Confronted on Seeking 3rd Term Despite Pushing for 2 Term Limit” was the story on MSN. “Why aren’t you holding yourself to that standard?” asked Margaret Brennan on Face the Nation. The insinuation is inconsistency, hypocrisy.

Yet, the senator’s run for a third term isn’t either of those things.

Term limits make sense as a systemic fix. As a strategy for any one voter or any one politician, it’s another matter. 

Why does so much of the media fail to understand this difference?

Simple: They don’t like term limits. Period. 

They envision a big government run by career politicians and reported on by expert journalists while we little people lap up their narratives, keep quiet, and pay the bills. 

Who wins, after all, if those who seek to make government more responsive and responsible through reforms such as term limits cede the congressional arena to the Washington insider incumbency, which stays and stays term after term?

Devoid of any rational argument that could sour Americans on the term limits that four of five of us love, the press plays this phony “hypocrisy” game.

Ted Cruz sees through it. He not only understands the advantages of term limits, but also knows that applying them to himself alone makes no sense for his career or for the term limits movement.  

This is Common Sense. I’m Paul Jacob. 


* The amendment would limit senators to two six-​year terms and members of the House to three two-​year terms after the date of its enactment.

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Accountability general freedom local leaders term limits

Political Babes

Robert Dover is a freshman state senator in Nebraska’s unicameral legislature, appointed last year by the governor to fill a vacancy. Dover says that learning the ropes at the capitol has been like “drinking from a fire hose.”

I sure hope he’s found the bathrooms. 

But have no fear: This rookie has already overcome that lack of experience, sponsoring a constitutional amendment, which faster than a Nebraska minute has 40 of 49 state senators enthusiastically signed on. 

What has folks at the capitol so excited? His amendment, LR22CA, would dramatically weaken their current term limit by giving legislators an extra term, so they can serve 12 years, before taking a break, and not be limited to just eight.

“Dover,” the Nebraska Examiner informs, “said he quickly learned how term limits were a bad idea after talking with legislative veterans, state agency heads and lobbyists.”

“Everyone I talked to said it was a horrible thing,” he offered. “To a person, they said (term limits) took away from the consistency at the Capitol.”

By which he means, the senator elaborated — and as the Lincoln Journal Star reports — maintaining “the right relationships between senators or interest groups to strike compromise.” 

Yes, indeed: the longer politicians stay in office the more they do “compromise” with special interests. 

“Dover said he understands term limits ‘are very popular’ among the electorate,” the Journal Star noted. Apparently, he just doesn’t get that those are the folks he is supposed to work for. 

The senator complained that Liberty Initiative Fund, my organization, is sending postcards to voters across the state to inform them about his bill, calling our effort “a waste of money.”

That tells me it is money well spent

This is Common Sense. I’m Paul Jacob.


Note: Term limits have a long history of battling the political establishment in the Cornhusker State, which I wrote about back in 2011.

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national politics & policies term limits U.S. Constitution

The Demand for Term Limits

Lots of talk about term limits last week — in Washington. 

Of all places. 

What bizarre chain of events caused career congressmen to start jawboning and horse-​trading about the popular reform that most of them viscerally oppose?

It was the work-​product of a small number of hardcore conservative Republican legislators, a mere 20, flexing their strength and commitment at a critical political point — the election of the House Speaker — and armed with concrete demands.

“We offered Kevin McCarthy terms last evening that he rejected,” Rep. Matt Gaetz (R‑Fla.) told reporters last Tuesday. One of those? “We’ve sought a vote in [the] first quarter of the 118th Congress on term limits.”

By week’s end, however, McCarthy had been elected Speaker of the House … but only after having pledged to bring to the floor that congressional term limits amendment, authored by Rep. Ralph Norman (R‑SC), one of the 20 holdouts, along with making other concessions

Meet the Press host Chuck Todd yesterday cast shade on the effort, calling these “show votes.” 

While it’s true that incumbents are unlikely to vote for the term limits amendment in the 2/​3 supermajority the Constitution requires, or for the balanced budget amendment for which the holdouts, mostly Freedom Caucus members, also secured a commitment from McCarthy. 

“We’ve got to start taking steps to make fundamental change in America,” Rep. James Comer (R‑Ky.) told Todd. And putting every U.S. representative on record on term limits sounds like a great first step for early 2023.

Worth the battle.

This is Common Sense. I’m Paul Jacob.


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Sketchiest Etching

State legislators placed Proposal 1 on the Michigan ballot to weaken their own term limits. It would let current incumbents stay up to twice as long in a single office and allow termed-​out former legislators to return. 

Nonetheless, its elite backers insist that it makes term limits tougher.

To give proponents something to talk about other than this term limits scam, Proposal 1 also adds weak financial disclosure requirements for legislators — similar to (but weaker than) the rules that keep the U.S. Congress … so clean and honest.

“Never have so few applied so much lipstick to such a pig,” is how one Michigan term limits activist describes it.

That’s big lie #1 on the Great Lakes State ballot. 

Big lie #2 is Proposal 2, leftists’ feel-​good voting rights measure funded by $10 million (and counting) in outside dark money (which I thought they abhorred). It guarantees stuff like a ballot dropbox on every corner and free postage for mailing back absentee ballots, etc., etc., etc.

Its real purpose is to place a new right into the Michigan Constitution: The right to vote WITHOUT showing any official photo identification. In fact, no ID whatsoever. Instead, the amendment establishes that simply signing a statement that, aw shucks, you are who you say you are, is all that can be required.

With Proposal 2 making any actual voter ID requirement unconstitutional, what’s their pitch to Michiganders?

“Proposal 2 etches voter ID into our state constitution,” declares one television spot.

Another proclaims Proposal 2 puts “voter ID requirements” into “our constitution” to make elections “safe and secure.”

Michigan’s Etch-​a-​Sketchiest insiders are actually promoting a prohibition of voter I.D. as a demand for that very thing. That’s the audacity of … fraud.

This is Common Sense. I’m Paul Jacob.


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The Fix Wasn’t In

Something totally unexpected — by me, at least — happened earlier this month in North Dakota. It concerned a citizen initiative to term-​limit the Peace Garden State’s governor and state legislators.

Not unexpected, however, how often term limits measures meet resistance from long-​serving politicians, judges, and officials.

Al Jaeger has been the Secretary of State in North Dakota for the last 30 years. This is Mr. Jaeger’s final term; at age 79, he’s not seeking re-election.

Back in February, Jared Hendrix and the North Dakota Term Limits committee submitted over 46,000 voter signatures on petitions to Jaeger’s office, enough to far surpass the 31,164 requirement to earn a spot on this November’s ballot. 

Yet, in March, Secretary Jaeger ruled that the petition fell far short of the requirement, throwing out over 15,000 otherwise valid signatures because the petitions were notarized by someone he “suspected” of fraud. Before making this public announcement, however, Jaeger had brought proponent Hendrix into his office and, along with the state’s attorney general, threatened criminal prosecutions unless he withdrew the petition.

Hendrix refused to cave. And with help from U.S. Term Limits, the North Dakota group challenged the secretary’s denial. Still, when a lower court judge agreed that Jaeger, with all his experience, could make such sweeping judgments to disqualify petitions, I feared the fix was in. 

But earlier this month, the surprise: the North Dakota Supreme Court ruled, unanimously, that Jaeger had misapplied the law and ordered the amendment placed on the ballot as Measure 1.

Yes. Misapplied. Deliberately?

Thankfully, the term limits amendment includes a provision to prevent itself, if passed, from being overturned except by another citizen initiative. 

We know how eager establishment politicians are to kill term limits by hook or by crook, mostly crook.

This is Common Sense. I’m Paul Jacob.


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