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initiative, referendum, and recall term limits

Suppressed Measure Woulda Won

Arkansas politicians and their cronies were terrified by Issue 3. So when this tough state legislative term limits measure was approved for the ballot, foes of citizen-controlled government sued to kill it.

Agreeing that thousands of already-approved signatures of bonafide registered voters must be tossed because of new, legislatively-imposed, byzantine, legal technicalities, the Arkansas Supreme Court ruled that the measure was unsuited for ballot. Yet it was too late to pull it.

The vote simply wouldn’t count, that’s all.

So, why was Issue 3 proposed?

A few years earlier, in 2014, lawmakers had posted a deceptive ballot question consisting of a laundry list of “ethics reforms.” Carefully obscured in the measure was a massive increase in legislative tenure. Sadly, the scam succeeded and voters passed the measure, which allows legislators now to serve up to 16 years (or more) in one seat.

To fix this, Issue 3 sought to impose a maximum of three two-year terms in the house, two four-year terms in the senate, and ten years on overall legislative service. It would also have prohibited lawmakers from sending future term limits measures to the ballot. 

After November 6, votes on Issue 3 did get reported in at least some counties. Max Brantley of the Arkansas Times notes that in Pulaski, Washington, and Pope Counties, the Yes vote for 3 exceeds 75 percent. I’m sure these counties are representative.

“I think the term limits crowd should try again,” Brantley says, “if the state motto is to be Regnat Populus rather than Regnat Lobbyist.”

Agreed. 

Let the people rule.

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
Accountability incumbents initiative, referendum, and recall insider corruption local leaders political challengers term limits

Sneaky Lobbyists Prefer Sneakiness

The Arkansas Chamber of Commerce’s CEO and chief lobbyist, Randy Zook and Kenneth Wall, have formed Arkansans for Common-Sense Term Limits. 

The Chamber has a burning hatred for term limits — Common-Sense or otherwise — just like every other lobbyist and special interest. But Zook and Hall are fibbing in their name because they realize that voters love term limits. 

The ballot committee’s stated purpose? To “advocate for the disqualification or defeat” of the Arkansas Term Limits Amendment, which citizens just petitioned onto the ballot, collecting 129,000 signatures.

Defeating such a popular ballot measure isn’t likely. Instead, these politically-experienced lobbyists are preparing to sue, hoping to disqualify valid voters’ signatures on some ginned-up technicality, feigning confusion over the clear ballot language — anything that might keep democracy from coming this November.*

At issue? The difference between real term limits and ridiculous ones.

That is, between term limits set by citizens and those set by legislators themselves. 

Currently, legislators can serve for 16 years in a single seat under the state’s “limits.” And because two-year Senate terms aren’t counted at all, senators can stay as long as 22 years. 

Legislators snuck this past voters in 2014 with a ballot title claiming only to “establish” term limits . . . amidst other lies. Politicians thereby turned Arkansas’s toughest-in-the-nation term-limit law into the nation’s very weakest — a significant 50 percent longer than limits in any other state.**

Unfazed by all the corruption in the Arkansas Legislature, Chamber lobbyists are focused on putting politicians in their pocket for as long as possible. 

But those pesky Arkansas voters are once again in the way.

This is Common Sense. I’m Paul Jacob.

 


* After recently threatening to challenge the signatures of another initiative petition, Zook had to admit that he was not aware of a single problem or deficiency in the petition. But he quickly added, “It’s a very complicated process.”

** Arkansas’s term limits were the same as Michigan’s until 2014, three terms, six years in the House and two-terms, eight-years in the Senate.

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Original photo by Jeff Kubina

 

Categories
Accountability crime and punishment government transparency insider corruption local leaders media and media people Popular

Sweet Schadenfreude?

Yesterday, jurors convicted former Arkansas State Senator Jon Woods on 15 felony counts consisting of conspiracy, wire fraud, mail fraud and money laundering.

Woods was at the center of a corrupt scheme to reward cronies at Ecclasia College and AmeriWorks with GIFs — state General Improvement Funds — in return for kickbacks. Former State Rep. Micah Neal, his co-conspirator, pleaded guilty more than a year ago. And last month, the former president of Ecclesia College, Oren Paris III, also admitted guilt.

Regular readers may remember Woods as the Senate author of Issue 3, placed on the 2014 ballot by legislators — along with a summary for voters to read that fibbed about “establishing term limits” and imposing a gift ban between lobbyists and legislators.

Enough voters were hoodwinked,* leading to the gutting of term limits (allowing a legislator to stay in the same seat for 16 years), the empowering of a legislature-appointed “Independent” Commission to bestow a 150 percent pay raise on legislators, and the enabling of legislators to eat every meal at the lobbyists’ trough.

Mr. Woods now faces as many as 20 years on each of 14 counts and ten more years on the money laundering conviction. Having experienced, in a previous life, the poor customer service in the federal prison system, I do not wish that on anyone.

But justice has been done.

More good news: the Arkansas Supreme Court has since ruled the entire corrupt GIF program unconstitutional . . . while Arkansas Term Limits closes in on completion of their petition drive to place a measure on this November’s ballot to restore the term limits stolen by Woods.

This is Common Sense. I’m Paul Jacob.

 


* The measure passed 52 to 48 percent at the ballot box.

 

Previous coverage here of Woods’ corruption:

 

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Categories
Accountability government transparency initiative, referendum, and recall local leaders moral hazard term limits too much government

Regnat Tyrannis

Arkansas’s motto is Regnat Populus “The People Rule.” Unfortunately, the people’s so-called representatives are demanding that this motto be made more fitting: Regnat Tyrannis.

I jest. The Natural State’s legislators aren’t nearly so honest. Just devious.

A few years back, the fine people of Arkansas (where I grew up) had arguably the nation’s most accessible-to-the-people petition process. With it, they enacted issues that legislators despise: term limits, for instance.

But in 2013, legislators passed several bills upping the difficulty and cost of the citizen initiative process.

They’re back.

Yesterday, Senate Bill 698 was passed and now goes to the governor.

Today, the Senate votes on House Joint Resolution 1003, a constitutional amendment for the 2018 ballot. It increases the petition requirement and raises the vote threshold to 60 percent to pass an initiative amendment.*

SB 698 is straightforwardly sinister. When groups gather the voter signatures to place a measure on the ballot, the Secretary of State is required to publish the wording in the legal notice section of newspapers throughout the state. Despite low readership. This bill would make the petitioners pay.

According to a report in the Arkansas Democrat-Gazette, the state spent nearly $2 million publishing the language of these measures in 2016. The old requirement should be repealed, but the new one would be disastrous: Only citizens with deep, deep pockets could pursue ballot initiatives.

A veto is needed from Governor Asa Hutchinson — call him at (501) 682-2345.

As for HJR 1003, Arkansans can find their state senator here. Call early.

My adopted state’s motto is also Latin: Sic Semper Tyrannis.** The good people of Arkansas are welcome to it, until theirs is once again operative.

This is Common Sense. I’m Paul Jacob.

 

* At least, voters can defeat this measure at the ballot box.

** The precise English translation of Virginia’s motto is “Thus always with tyrants.” The common translation is “Death to all tyrants.”


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Categories
Accountability crime and punishment government transparency insider corruption local leaders moral hazard porkbarrel politics term limits

Another Political Crook

Last week, the other shoe dropped.

When last we touched upon Arkansas state legislator Micah Neal, he had pled guilty to steering hundreds of thousands of state tax dollars to a small private college in exchange for big, fat bribes.

He also implicated the state’s No. 1 term limits opponent, former State Senator Jon Woods, as chief hoodlum in the criminal scheme. Woods is best known for his dishonestly worded 2014 amendment responsible for hoodwinking voters into weakening term limits.*

And it is upon Woods that the shoe fell.

The fingered wheeling-and-dealing Woods, pursued by both the FBI and an angry electorate, chose not to run for re-election in 2016. Now he’s finally been indicted on 13 felony counts of fraud and bribery. Woods helped secure $600,000 in state funds to Ecclesia College, allegedly for tens of thousands in kickbacks.

“I do know this confirms what I’ve always suspected about Jon Woods,” wrote Max Brantley in the Arkansas Times. “He never had a job. He bragged about the good life he lived off state pay, per diem, travel and the hog slopping legislators enjoy. I should mention, too, that he was the architect of the so-called ethics amendment that provided a path to 1) longer terms in office; 2) higher pay; 3) an end-around an end to wining and dining restrictions despite the appearance that’s what voters had done.”

Former Sen. Woods does deserve a longer term . . . in jail.

This is Common Sense. I’m Paul Jacob.

* State term limits activists are currently gathering the more than 100,000 signatures they need on petitions to place their original, stricter term limits on the 2018 ballot and allow Arkansans an honest vote.


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