Categories
initiative, referendum, and recall

Seeing What’s There

“One can squint and see ballot measures as a kind of super-survey of the electorate, with much larger samples and actual stakes,” wrote Sasha Issenberg over the weekend in The Washington Post. “The results then can be interpreted as a pure representation of voter preferences on discrete issues, without the vexing overlay of partisan polarization, incumbency, candidate personalities, scandal or gaffes.”*

Which “can be seductive,” he warns in an essay entitled, “Ballot measures don’t tell us anything about what voters really want.”

Nothing

Mr. Issenberg is willing to toss out these results because “ballot measure contests operate within a framework so different from elections for public office — with few financial limits”** and “lopsided spending.”

He cites Florida’s Amendment 2, pushing the state’s minimum-wage up to $15, where the yes-side spent nearly 10 times as much as the no-side. And California’s victorious Proposition 22, which he argues “declined to protect gig workers” even though that is exactly what it does, and where supporters also outspent opponents roughly ten to one. 

Issenberg also points to marijuana-related issues passing while widely outspending opponents. “In New Jersey, where more than two-thirds of voters said yes to legalization,” he explains, “supporters spent 65 times more than the leading opposition committee . . .” 

But that only amounts to proponents spending half-a-million, which doesn’t go very far in Jersey. 

While Issenberg, the author, journalist, and UCLA political science teacher, acknowledges that “a higher minimum wage and marijuana legalization are broadly popular” and don’t require greater spending, he argues that lopsided “multiples” of spending, like in New Jersey, “are unimaginable in the world of people running for office.” 

Really?

Just try. Numerous candidates for office run without any opposition at all or completely token competition. Take Illinois’s 4th congressional district, where incumbent Democrat Jesús Garcia outspent his Republican challenger by a margin of 704 to one — $593,219 to $843.

Look at the ballot measures decided weeks ago. Don’t squint; put your glasses on, if you need them. And unlike Issenberg, believe your eyes.

This is Common Sense. I’m Paul Jacob.


* Initiatives can suffer from the “personalities, scandal or gaffes” of their proponents. Still, there is clearly far less partisanship and no incumbent, per se.

** Actually, ballot measures have no limits at all. The federal courts have ruled that campaign contributions can corrupt candidates receiving them, but since ballot initiatives are written down in black-and-white and cannot be changed after the election, financial contributions cannot corrupt a ballot measure. 

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Categories
Accountability Common Sense folly general freedom government transparency initiative, referendum, and recall tax policy

Republican-Required Referendum

Last November, Nevada Republicans scored a “stunning” political sweep. The party’s incumbent governor rolled up a 40-point win, while the GOP gained majorities in both the Assembly and Senate — the first time Republicans have controlled all three since before the Great Depression.

At the same time, voters crushed a ballot measure to create a 2-percent gross receipts tax on businesses taking in over $1 million, by a whopping 78–22 percent. Gov. Brian Sandoval (R) and GOP legislators opposed the tax.

My tax-fighting friend Chuck Muth, president of Citizen Outreach, must be happy as a clam, living the easy life.

No?

Mere months after that vote, the solidly Republican state legislature passed — you guessed it — a gross receipts tax. And with it, for good measure, all stuffed into Senate Bill 483, the Republican majority also made permanent a whole slew of taxes passed as temporary measures back in 2009.

The total tax increase — ahem, to celebrate the Republican trouncing of Democrats — turned out to be the largest in Nevada history: $1.1 billion.

I wish this story of betrayal were shocking, not par for the course. But as we all know, the lack of surprise signals the depth of the problem.

Thankfully, Silver State citizens have what Ralph Nader calls the “ace in the hole”: statewide initiative and referendum.

Two referendum measures have been filed. One would repeal the gross receipts tax. The other, filed by Muth’s “We Decide Coalition,” places the entire billion-dollar-plus tax hike onto the ballot.

“It’s time for these elected elites to stop using Nevadans as ATM machines,” Muth recently wrote.

Yes, time for Nevadans to crank up the machinery of democracy . . . starting with 55,000 signatures on petitions for each measure.

This is Common Sense. I’m Paul Jacob.


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Categories
initiative, referendum, and recall

Trading One Right for Another

Trades are not unheard of in politics, but somehow they rarely exhibit the up-front honesty and clarity of the trades that make up the bulk of our economic life. When I go to the super-market, or the record store, or Wal-Mart, I pretty much know what I’m getting and what I’m giving up.

Not so clear, though, in politics.

Take Arizona’s “Hunting and Fishing Amendment,” Proposition 109 on this November’s ballot. Much has been made of the first element of the ballot’s title, establishing a “constitutional right” to hunt and fish. Outdoorsmen love it.

But a second element gives to the state legislature “Exclusive authority” to regulate hunting and fishing, which may grant regulatory power to various wildlife commissions.

It basically disallows Arizona’s citizens from future influence through the initiative and referendum. That’s what citizens trade away for the first part. Citizens get a “right” to hunt and fish “lawfully,” a right they already have, but give up their current rights to influence what that “lawfully” means, via the ballot.

Prop 109 also declares that hunting and fishing would be the preferred means of controlling wildlife, and it says that “no law shall be enacted” that “unreasonably restricts” hunting and fishing, etc.

Of course, constitutions can say “no law” all they want. History shows legislatures don’t abide by that prohibition. Neither do courts.

Just read the First Amendment to the U.S. Constitution, and consider . . . and cringe.

This is Common Sense. I’m Paul Jacob.

Categories
term limits

Long Time (1996+12=2008) Coming

Been a long time coming. The twelve-year term limits law passed by Nevada voters in 1996 is finally taking effect.

Except for state lawmakers elected in 1996, that is.

Nineteen ninety-six plus twelve equals 2008. But in 1996, legislators seized on a technicality to claim that — unlike for other office-holders — for them the count didn’t start until 1998. That’s because, under Nevada law, state lawmakers take office the day after the election. Yet it takes more than a day to ratify ballot results. So the argument goes that it would be unfairly “retroactive” to include the 1996 term in the twelve-year limit.

Inspect the Nevada constitution, and you’ll see provisions stating that no person may be elected to legislative or other elective office who “has served in that office . . . twelve years or more. . . .” Nothing about starting the clock on the date the ballot measure is ratified.

But in 1996 politicians and courts pretended the new law was not retroactive, and got away with it.

Come 2008, non-legislative office-holders finally facing term limits scavenged for yet another technicality. They claimed that the law is unconstitutional and should be thrown out altogether. Fortunately, the Nevada Supreme Court didn’t play along with the latest scam, so Nevada voters must wait only two more years for state lawmakers to be ousted by it.

Better late than never.

This is Common Sense. I’m Paul Jacob.