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initiative, referendum, and recall partisanship

Against Fairness?

I’m against fairness?

Nah, it’s just Democrats who think that, because I won’t vote for their proposed constitutional amendment allowing the legislature to redraw my state’s congressional districts. 

The official question on the April 21 ballot reads: “Should the Constitution of Virginia be amended to allow the General Assembly to temporarily adopt new congressional districts to restore fairness in the upcoming elections, while ensuring Virginia’s standard redistricting process resumes for all future redistricting after the 2030 census?”

What, exactly, is “fair” about this amendment? 

“If approved, Virginia’s 11 districts would likely go from six Democratic to five Republican leaning seats to 10 Democratic seats and one Republican seat,” explains WJLA, ABC’s Washington, D.C., affiliate. “The new map would draw heavily blue urban areas in Northern Virginia, with rural Republican areas far away.”

Democrat House Speaker Don Scott argues that “levels the playing field.” 

Well, it would be a fairer map if the commonwealth’s electorate were comprised of 90 percent Democrats and less than 10 percent Republican voters. Yet, in 2024, Democrat Kamala Harris garnered just 51 percent of Virginia’s vote for president. Even in last year’s blowout gubernatorial election, Democrat Abigail Spanberger won only 58 percent. During that campaign, Spanberger expressed skepticism of this district map . . . but then, as governor, signed on. 

Democrats, always selective in applying “fairness,” are outspending Republicans “by about 14 to 1 on advertising” and holding the vote for this constitutional question early, in April, with low voter turnout expected — for the first time in state history.

In the minds of Democrats, this maneuver is fair because President Trump has urged Republican states to engage is such partisan redistricting. That’s their case.

But arguments in favor of a measure do not belong in the wording voters see on their ballot as they make their decision. 

That’s unfair.

This is Common Sense. I’m Paul Jacob. 


Note: In the quoted ballot question, emphasis added.

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election law initiative, referendum, and recall local leaders

Obscenely Unacceptable

“F*ck this sh*t.”

That’s how the erudite opponents of Michigan’s Citizen Only Voting Amendment responded to supporters submitting a petition with more than 750,000 voter signatures to place the measure on the November ballot. 

Sans the asterisks, actually, which I supplied.  

Back in 2022, these oppositionists, fraudulently calling themselves Voters Not Politicians (VNP), helped politicians weaken Michigan’s voter-enacted term limits. 

Now they’re fighting an initiative that I’m promoting, which would: (1) clarify that only U.S. citizens are eligible voters at the state and local level, (2) mandate that the Secretary of State check the voter rolls to ensure it contains only citizens, and (3) require photo ID to vote.

VNP argues this measure is “voter suppression,” after actively urging their liberal activists to “disrupt circulation” of our petition in order to suppress a vote on it. “If this campaign gets enough signatures to get their proposal on the ballot,” VNP acknowledged, “it’s likely to pass.”

Why might voters support the amendment? 

“In Michigan, there have been incidents where non-citizens have not only been allowed to register but then were able to cast ballots,” explained a recent Detroit News editorial. “While the number of incidents is few, that the loophole exists at all is unacceptable.”

At a capitol news conference before delivering 199 boxes of petitions, Sen. Ruth Johnson, a former two-term Secretary of State, told reporters, “You need ID to get a library card to check out a book. You need ID to get a fishing license. And you should have an ID to vote.”

“Only citizens of the United States should be voting in our elections,” offered Rep. Ann Bollin, a former local election clerk. “It is not rocket science. It is common sense.”

This is [expletive deleted] Common Sense. I’m Paul Jacob. 


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election law Voting

Logic Suppression

“In any other area of life — boarding a plane at DSM, picking up Cyclone tickets at will-call, or even buying Sudafed — showing a photo ID is a non-event,” Luke Martz writes in the Des Moines Register. “It is the baseline of participation in a modern society.”

The Republican political consultant, who has “served as an international election observer in Europe and the Middle East,” compares Iowa’s election system with “the mess currently unfolding in Minnesota,” where “Gov. Tim Walz signed a law authorizing illegal immigrants to obtain driver’s licenses.”

Mr. Martz points out the “logical fallacy,” which he says has “effectively undermined their own arguments against voter ID.” How so? “If activists believe requiring a document to drive is reasonable,” he argues, “then their claim that requiring a document to vote is a ‘racist barrier’ collapses.”

Indeed. He notes that the idea “that certain Iowans are somehow incapable of obtaining a free state ID” is precisely the “soft bigotry of low expectations,” highlighted by President George W. Bush decades ago.

Lastly, Martz addresses the “‘voter suppression’ narrative,” which “has always had one major flaw: reality.” 

Remember the hullabaloo over Georgia’s 2021 election law? Former President Sleepy Joe Biden called it “Jim Crow 2.0” and the politicians running Major League Baseball canceled the All-Star Game in Atlanta as punishment, only to see voter turnout in Georgia’s next election “more than 50% higher than in the previous midterm election of 2018.” 

Martz shares Iowa’s story, where “doomsayers predicted a collapse in participation” after passage of voter ID. “Instead, we saw the exact opposite. In 2018, the first general election with the law, Iowa saw its highest midterm turnout in decades. In 2020, we shattered records with over 1.7 million ballots cast.”

Let’s not suppress reality.

This is Common Sense. I’m Paul Jacob.


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initiative, referendum, and recall local leaders

Deliciously Dead

The bill died. Had it lived, it would have — in the words of Tim Eyman — taken away Washington State voters’ “right to initiative, they would stop all dissent.” 

Who’s the “they”? Democrats running the State legislature, who had, Eyman says, been “pushing this thing really hard this session.”

But they gave up. The opposition to the bill was just too strong. Democrats let it die before the scheduled vote on the Senate floor. 

So what was wrong with the bill? 

“SB 5973 would have required a minimum of 1,000 signatures to be submitted to the Secretary of State from those who support the measure, before the issue is given an official title and signature gathering can begin to ensure ‘viability’ of the issue,” explains Carleen Johnson of The Center Square. It would “also have banned the practice of paying signature gatherers for the number of signatures they acquire.”

It was, as opponents called it, an “initiative killer.” You can see why fighting the bill was so important. 

And remember, “initiative killers” are everywhere — at least everywhere initiative and referendum rights are in place. 

Politicians, who allegedly serve citizens, don’t like it when citizens work around their machinations. So they regularly throw up roadblocks to the initiative process — anything to make it harder for citizens to limit their incessant lust for more taxes, terms of office, etc.

Citizen activists all across the country have their work cut out for them. But, until the next major legislative attack (tomorrow): celebrate!

And don’t forget to thank Tim Eyman and other Washington activists for stepping up to defend everyone’s rights.

This is Common Sense. I’m Paul Jacob.


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election law national politics & policies U.S. Constitution

Federal Election Takeover?

“We should take over the voting, the voting in at least 15 places,” President Donald Trump declared on former FBI deputy director Dan Bongino’s new podcast. “The Republicans ought to nationalize the voting.”

That’s just what Democrats in the U.S. House attempted to do back in 2021 with their H.R. 1. I know well because I worked with a large coalition of groups and individuals to oppose that dishonestly labeled “For the People Act.” 

For the people who are Democratic Party hacks maybe.

A 2021 Heritage Foundation analysis argued the legislation would “Seize the authority of states to regulate voter registration and the voting process.”

“The Democratic bill is indeed sweeping,” PolitiFact informed at the time. “At 791 pages, the bill does everything from prohibiting states’ voter ID laws to breaking the gridlock of the Federal Election Commission by removing a member.”

Luckily, H.R. 1 did not pass the Senate. 

Have you ever noticed that in the tug of war between federal and state power, politicians of all stripes support the Constitution’s balance when it suits them and ignore it when it doesn’t?

Same goes for news media. The Washington Post falsely reported on Monday that by urging “Republican lawmakers” to act, the president was “claiming a power explicitly granted to states in the U.S. Constitution.” 

Well, Article 1, Section 4 of the U.S. Constitution does say “The Times, Places and Manner of holding Elections . . . shall be prescribed in each State by the Legislature thereof,” but it explicitly adds that “the Congress may at any time by Law make or alter such Regulations . . .”

Democracy dies in half-truths.  

This is Common Sense. I’m Paul Jacob.


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ideological culture media and media people national politics & policies partisanship

Not This King?

“This is why more Americans today identify as an independent than a Republican or a Democrat for the first time in American history,” argued Sarah Isgur during a panel discussion on ABC’s This Week program, the day after another fatal shooting by ICE agents in Minnesota. “Because no one actually believes that either side believes what they’re saying.”

Isgur, a writer and podcaster for The Dispatch, has worked on both Democratic (2016) and Republican (2012) presidential campaigns and even landed a job at the Department of Justice during President Trump’s first term, only later to be fired. 

“Look, honestly,” Isgur continued, “if Barack Obama’s federal officers had killed a member of the Tea Party, who had shown up, who had a concealed-carry permit, who was disarmed before he was shot, that [the protester was armed] would not be what the Right is saying.”

She went on: “And, frankly, the left was all for big executive power, as long as it was Joe Biden. They’re not ‘no kings.’ They just don’t like this king.”

Throughout President Donald Trump’s first term, I recall shouts that he had overstepped his authority under the law only to discover, oftentimes, that the power he was wielding had been bestowed upon our president by a feckless Congress. What I found even more disconcerting was that at no time did those complaining seek to limit these excessive presidential powers.

It appears, as Sarah Isgur suggested, that their concern was not with an imperial presidency, only with this current person as that imperial president.

“If you actually want to do something about the problems, both sides need to actually say, presidents shouldn’t have this power,” Isgur explained. “The federal government shouldn’t have this power.”

Wise government depends on limiting power . . . no matter who is president.

This is Common Sense. I’m Paul Jacob.


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initiative, referendum, and recall

A Place Without Hope?

“Don’t lose hope.”

That’s what Bonnie Miller, president of the League of Women Voters of Arkansas, told her fellow Arkansans after the state’s highest court overturned a 74-year precedent. The justices ruled that constitutional amendments passed by citizens’ initiative can be amended or repealed by legislators with a two-thirds vote of both chambers. 

Without the issue ever going back to voters.

Sure, this might seem to follow from a constitutional provision: “No measure approved by a vote of the people shall be amended or repealed by the General Assembly . . . except upon a yea and nay vote on roll call of two-thirds of all the members elected to each house of the General Assembly . . .”

But in 1951, the Arkansas Supreme Court declared it “inconceivable” that “the General Assembly could amend or repeal a constitutional amendment initiated by the people,” concluding that the term “measure” simply did not apply to a constitutional amendment. Today’s Supremes reversed this bedrock understanding, thereby empowering the legislature. (Note that the legislature is not seeking to overthrow their own constitutional amendments.)

For more than a decade, the Natural State’s solons have passed statute after statute — and even proposed several constitutional amendments — designed to destroy the citizen initiative process. Their attempts have been consistently defeated by voters at the polls. In addition, last month a federal judge finally struck down several burdensome restrictions that legislators had passed on petitioning.

Now there are also two ballot initiatives — one by Protect AR Rights and another by the League of Women Voters — petitioning for a vote next November to restore the state’s once fair and accessible ballot initiative process.

How long can politicians thwart the will of the people and get away with it? The people of Arkansas are finding out.

This is Common Sense. I’m Paul Jacob.


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election law Voting

A Puzzling Protest

Talk about a blowout: a few days ago, Texans overwhelmingly supported Proposition 16 to amend their state constitution to clarify that noncitizens cannot vote in state and local elections in Texas. The vote: Yes, 72%; No, 28%.

Not everybody is happy.

Jeff Forrester, who happens to be running against Rep. Candy Noble, a major sponsor of this very amendment — just a coincidence I’m sure — professes confusion about why anybody would care about this question. He asserts that the state constitution already prohibits noncitizen voting and has flung himself into a major Twitter-X tussle over the matter with the group I lead, Americans for Citizen Voting.

Per Forrester, the Texas constitution “already states that no one other than U.S. citizens can vote” in Texas elections.

But as we point out, prior to passage of the present amendment, the state constitution only explicitly protected the rights of U.S. citizens to vote. It did not “reserve the right to vote to only [U.S.] citizens. . . . It didn’t prohibit Dallas from giving the right to noncitizens to vote in local elections.”

Similarly deficient provisions in the constitutions of other states have also failed to prevent cities from allowing noncitizen voting on local matters. Now, with passage of Prop 16, there is no way for noncitizens to legally vote in Texas.

Those who assert that the Prop 16 amendment is pointless protest too much. If it’s so durn redundant, why isn’t the response to this voter-endorsed clarification simply a shrug?

Instead, we get finger-wagging opposition.

Very “mysterious.”

This is Common Sense. I’m Paul Jacob.


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crime and punishment ideological culture initiative, referendum, and recall

Mostly Democratic

An email from Voters Not Politicians (VNP) predicts that if a certain popular ballot measure gets enough signatures “it’s likely to pass.”

Great! Wonderful to see democracy in action, eh?

Not so much for this leftwing political action committee, however. “We have to keep this proposal off of Michigan’s ballot in 2026,” the email went on.

The initiative petition in question is Michigan’s Citizen Only Voting Amendment, which (1) clearly establishes that “only” U.S. citizens are eligible voters in all state and local elections, (2) mandates that the Secretary of State check the voter rolls for citizenship status, and (3) requires photo ID to vote. 

Polls have shown upwards of 80 percent of Michigan voters support the measure. Perhaps spurred on by the noncitizens who were shown to have voted unimpeded in last November’s presidential election.

How will VNP honchos accomplish their mission of suppressing a petition for a public vote on this ballot initiative? They urge folks to “learn how to peacefully disrupt circulation.” 

“Disrupt”? That doesn’t quite go with “peacefully.” 

Last month, Charlie Kirk was assassinated speaking on a college campus. According to a recent poll,* the percentage of Democrats who believe “Americans may have to resort to violence” to achieve political goals has doubled this year. Back in April, a survey found that a majority of self-identified “left-of-center” respondents agreed it was “somewhat justified to murder President Trump.” The same survey found that 15 percent found it “completely justified.”

Destroy democracy to save it? 

As chairman of Americans for Citizen Voting: We won’t let you. Stop trying to block us and others from speaking. Instead, speak out against our measure to your heart’s content. 

I also suggest looking for a rallying slogan that fits better with “peacefully.” 

This is Common Sense. I’m Paul Jacob.


* From 12 percent of Democrats saying so in May of 2024 to 28 percent this year. The percentage of Republicans believing violence may become necessary is higher still — 29 percent in 2024 and 31 percent in 2025. A whopping 77 percent of the public cited political violence as “a major concern.”

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election law

Over-Regulated or Regulations Over?

Critiques of campaign finance regulations (CFR) often focus on particularly egregious applications or expansions of the regulations.

That’s fine. When somebody who is hammering us on the head starts hammering even harder, it’s okay to object. 

We should make clear, though, that we object to being head-bashed at all, not just the latest intensification.

In an amicus brief submitted to the Supreme Court National Republican Senatorial Committee v. FEC, the Institute for Free Speech and the Manhattan Institute are tackling CFR-rationalized repression of speech (CFRRS) as such.

“By conflating election campaign speech with the mechanics of running elections,” IFS says, “the Supreme Court has allowed the government to trample the First Amendment through campaign finance laws.”

This has been going on at least since the Supreme Court’s 1976 ruling in Buckley v. Valeo.

The current case, NRSC v. FEC, pertains to federal limits on coordinated spending by political parties, which is allowed in many states. IFS punches holes in the excuses for this instance of CFRRS but also stresses the bottom line.

“The brief argues that the federal government lacks the power to regulate this type of speech in the first place. . . . The Constitution grants Congress the power to regulate the times, places, and manner of electing federal officials. But . . . speech about candidates is not the same thing as the election itself, and the Elections Clause does not give Congress authority to regulate core political speech.”

Obviously. May at least five out of nine justices grasp this also.

This is Common Sense. I’m Paul Jacob.


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