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Accountability ideological culture initiative, referendum, and recall

March Sanity

“A public debate on the merits of a measure can reveal its flaws,” the Bismarck Tribune calmly and reasonably editorialized yesterday, “and then we have to trust voters to do the right thing.”

“Why are some legislators so afraid to allow North Dakota voters to decide what is in their constitution?” an earlier Fargo Forum editorial asked. The Forum dubbed one bill — giving the legislature a partial veto on voter-enacted constitutional amendments — “The Voter Nullification Act.” 

On the voter initiative, North Dakota’s elected representatives are of a much different mind than these newspapers or the people of North Dakota.

The Flickertail State is hardly alone on this. 

Michigan’s legislature made their ballot initiative process more difficult in last December’s lame-duck session. Arkansas politicians have been stabbing at the initiative with rules and regulations for years, and they’re back at it this session. On a recent trip to the Missouri capitol, I heard elected officials privately argue that voters deciding issues directly — without going through the legislature — was a “bastardization” of our republic. 

Take Idaho’s Senate Bill 1159, which would hike up the signature requirement from 6 to 10 percent of voters, a 67 percent increase, while also reducing by two-thirds the time allowed for petitioning. The legislation’s stated purpose? “[T]o increase voter involvement.”

“It is odd,” wrote former state Supreme Court Justice Jim Jones in the Idaho State Journal, “that some in the Legislature now wish to drive a stake into the heart of that people-driven legislative process.”

It’s not really very odd. Legislators routinely put their political self-interest before the people — especially when it comes to voters having a democratic check on their power. 

This is Common Sense. I’m Paul Jacob.


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Meet the Mob

North Dakota faces a serious problem: The Mob. 

“The point of being a republic is so that Mob doesn’t rule,” warned Chris Berg, host of Point of View on Fargo, North Dakota’s Valley News Live. “If you live in a true democracy that’s where Mob can rule.”

Berg called citizens petitioning issues onto the ballot for a vote “a mob-rule system . . . that allows us to change the actual constitution of our state.”

Not sure which constitution one might work to amend except for the “actual” constitution. But I do see a clearly articulated concern with mob rule. 

“A republic, my folks, is what we live in,” continued Berg, juxtaposing the ballot initiative process as “a pure democratic system.”

But ballot measures are no more pure democracy than are acts enacted by the legislature. Both can be challenged and overturned if they violate constitutional rights.

The focus of Berg’s anti-initiative worry is Measure 1, an ethics amendment passed last November and derided by Berg as “a bunch of Hollywood money to change North Dakota.” 

True, Measure 1 did receive support from folks outside North Dakota, including groups supported by Hollywood stars. 

Those financial backers were well known to North Dakotans, 54 percent of whom voted for the measure. 

And freedom means the right to associate with fellow Americans across state lines. 

Responding to Berg, Dustin Gawrylow, managing director of the North Dakota Watchdog Network, said the citizen initiative process was “the best way to keep legislators honest and in tune with the people.”

After all, without “a way for the people to actually set the rules for lawmakers,” the people would be ruled by . . . the capitol mob.

This is Common Sense. I’m Paul Jacob.


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term limits

Democratic-Republican Day

“We live in a republic,” I often hear, “not a democracy!”

Sometimes it seems like we live in neither.

Today is the first National Term Limits Day. Its proponents aim to style February 27th as an annual event. 

It’s a new thing. 

But term limits themselves are not new.

For instance, 68 years ago today, the 22nd Amendment was ratified, limiting the president to two lifetime terms.

Long, long before that, ancient Athens — often called a democracy — term-limited elected offices, as was done in Rome — which was called a republic.*

The idea being that, if the people are to rule, in even a loose sense, those who hold office must not be permanently perched, able to acquire increasing amounts of power and privilege.

To accomplish this, elections serve as ways to rotate people into and out of power. Unlike in hereditary monarchy or military rule, elections of “rulers” to positions of power require the establishment of terms in office, a set period of time that limits those in power by requiring elections to renew their service for another term, or peaceably to oust them.

A term limit takes the next step, disallowing an individual from staying in office for life by limiting the number of terms legally available.

Thomas Jefferson was upset that the new Constitution, devised in convention in 1787, did not have provisions ensuring “rotation in office,” via term limits. He was what was then called a “democratic republican.”**

Whether you call it “democracy” or “republic,” or something else, citizens being in charge of government is something we could use more of. The United States has term limits for the presidency, for 15 state legislatures, for elected officials in eight of the ten largest cities. We need them for Congress most of all.

This is Common Sense. I’m Paul Jacob.


* O’Keefe, Eric (2008), “Term Limits,” in Ronald Hamowy, The Encyclopedia of Libertarianism, Thousand Oaks: SAGE; Cato Institute. pp. 504–06. “Political scientist Mark Petracca has outlined the importance of rotation in the ancient Republics of Athens, Rome, Venice, and Florence.”

** Alexander Hamilton, infamously, leaned the other direction: in his first speech at that first constitutional convention he argued to elect a national king to serve for life. He was a nationalist, in those days called a “Federalist.”

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Pigment Politics

“VOTE LIKE YOU,” read the Election Day sign from last November, pictured above Dan Balz’s Sunday Washington Post column about identity politics.

The implication is clear: one should vote for the candidate with the same skin color, of the same race as your own.

Uh, really?

We do want our elected officials to be “like us.” But in terms of values. Not pigment.

Race is completely meaningless in judging a prospective candidate. I want my candidate to think like me, not win the Paul Jacob Lookalike Contest.

On the other hand, those seeking a new cultural revolution — like the Chinese Cultural Revolution, but based on racial and gender and sexual orientation grievances — think it’s fine to push race-based voting, so long as you aren’t pushing whites and . . . it helps Democrats.

The latest real “culprit” in Hillary Clinton’s 2016 defeat appears to be a lack of enthusiasm and turnout among black voters. Black turnout dropped eight percent from 2012, when President Obama was running for re-election as the first black president, to 2016, when Hillary Clinton, a white woman, was the Democratic standard-bearer.

Balz looked at the 2018 gubernatorial races in Florida and Georgia, where Democrats Andrew Gillum and Stacey Abrams, respectively, both African American, lost but performed far better than Democrats have in recent years in those states in such races.

“Would a white candidate have done better?” he asked.

Perhaps not. But the whole approach stinks. Identity politics is openly the politics of division. Surely “e pluribus unum” must not be replaced with “ex uno plures.”

This is Common Sense. I’m Paul Jacob.


N.B. For the Latin, which is not straightforward, see Google Translate.

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Accountability initiative, referendum, and recall term limits

What’s Love Got to Do With It?

“One of the great myths in official Washington,” writes pollster and pundit Scott Rasmussen at Ballotpedia.org, “is that voters hate Congress but love their own representative.”

Working for term limits, boy have I heard this assertion a lot.

Oh, voters do hate Congress; this we know. Less than one in eight Americans approve of the job being done (or not) by Congress, according to a brand new The Economist/YouGov poll. 

The remaining question, however, is whether we really like our own congressperson. The correct answer appears to be: Not so much.

A recent ScottRasmussen.com national survey, conducted Feb. 1-2, 2019, found that less than one in four voters, only 23 percent, “actually think their own representative is the best person for the job.” A far larger percentage, 38 percent, believe “others in the District are more qualified.” 

It is certainly possible, of course, that folks could think there is someone better than their sitting congressperson and, nonetheless, still love their Rep.

Though, doesn’t “love” seem like way too strong a word?

The notion that we are consumed with amorous urges toward our own federal representative is evidenced only by the high re-election rate for incumbent congressmen. But those rates are more likely the result of the powerful advantages of incumbency.

Not gleeful adoration of “our” career politicians.

There is one way to test our level of devotion: Let us vote on term limits and see what happens.

It would lead to a new question: Where did our love go?

This is Common Sense. I’m Paul Jacob.


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Advice & Conceit

The core idea behind the institutions of representative government — state legislatures, city councils, Congress — is that lawmakers, sometimes called “representatives,” endeavor to implement “the will of the people.”

To do so . . . necessarily entails knowing the public’s preferences.

Hmmm. How to find out what people want? Or don’t?

A ballot initiative sponsored by Tim Eyman and Voters Want More Choices offered one method, mandating advisory votes for Washington State’s electorate to approve or disapprove the last 19 tax increases passed by legislators.

These advisory tax questions sometimes garnered more votes than races for superintendent of public instruction and the state supreme court. Results? Mixed. Seven times voters favored the legislators’ tax hikes, while opposing the other 12. 

Either way, good info for legislators to know, no? 

No . . . apparently. Conceited Washington state politicians don’t want to know what voters think. The core idea behind Senate Bill 5224 is stopping voters from officially expressing their will on taxes by getting rid of these pesky advisory votes.

In testimony last week, Tim Eyman reminded legislators that voters have four times mandated advisory votes on tax increases (2007, 2010, 2012, 2015); have six times voted to require a two-thirds legislative majority to raise taxes, only to have those measures overturned in court; and that legislators have prevented citizens from using the state’s referendum process by attaching phony emergency clauses to tax hikes.

“Give the peasants a couple of crumbs,” Eyman beseeched, “and let them at least express an opinion at the ballot box.”

This is Common Sense. I’m Paul Jacob. 


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initiative, referendum, and recall local leaders nannyism Regulating Protest

Who Works For Whom?

On the difference between citizen control and a cheap imitation. . .


Rob Port likes something I do not: North Dakota’s Senate Concurrent Resolution 4001. 

I have previously applauded Port in this space, for his excellent political commentary on Say Anything Blog, columns for the Forum News Service, and on his WDAY AM-970 radio show in Fargo.

Today? Boos.

The constitutional amendment, pre-filed for next year’s session by Sen. David Hogue (R-Minot), would require any future constitutional amendment petitioned onto the ballot by citizens and then passed by voters in a statewide General Election to . . . pass the Legislature twice — in two separate sessions — to be enacted. 

Hogue’s amendment exterminates the power of the people to bind their representatives constitutionally, arming the Legislature with a veto to overrule the people. 

Port worries that the ballot initiative process has “become an avenue by which deep-pocketed, mostly out-of-state interests” are “buying their way onto the ballot and drowning out opposition with expensive marketing.”

He points to Measure 1, an ethics amendment, funded by “Hollywood activists.” In full disclosure, Liberty Initiative Fund contributed $250,000 from “out of state” to help a North Dakota committee place Measure 2 for “citizen only voting” onto last November’s ballot. But these measures were sponsored and voted for by the citizens of North Dakota, who have every constitutional right to work with folks from outside the Peace Garden State. Even me.

This is worse than the “overkill” Port admits. It changes the rules so that the people could no longer check their elected officials, but only beg those officials for any desired reform.

Thus defeating the very purpose of the citizen initiative process. 

SCR 4001 is democratic suicide. 

This is Common Sense. I’m Paul Jacob. 


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The Rank Reality of Math

U.S. Rep. Bruce Poliquin (R-Maine) doesn’t like Ranked Choice Voting.

Last week, I suggested that’s because he lost his re-election to Congress in his state’s first use of Ranked Choice Voting (RCV). Perhaps I spoke too quickly? Congressman Poliquin argues that RCV is a “black-box voting system.”

“We heard from countless Maine voters who were confused and even frightened their votes did not count due to computer-engineered rank voting,” read a campaign statement.

Who wants frightened voters?

The “voting system utilized by the Secretary of State is secret,” Poliquin’s campaign spokesman further complained. “No one is able to review the software or computer algorithm used by a computer to determine elections. This artificial intelligence is not transparent.”

Computer-engineered elections? Artificial intelligence? Oh, my!

“I think it’s time that we have real ballots, counted by real people,” the congressman told reporters. “. . . instead of this black box that computes who wins and who loses.”

By all means, yes.

Nathan Tefft is a professor at Bates College in Lewiston, Maine, and claims to be “a real person.” With a PhD in economics. He got all the election data and replicated the ranked -choice process used by the Maine Secretary of State in conducting the count, confirming the state’s results.

“The Maine secretary of state’s office has published all the election results on its website — every ballot, every ranking in every town,” the Bangor Daily News informed. “It’s all there in massive data files that can be inspected and downloaded.”

Wait a second . . . what about the black-box, the secrecy, the dreaded use of AI?

All a fable.

“Yeah,” Dr. Tefft noted, “it’s just math.”

This is Common Sense. I’m Paul Jacob.

 


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incumbents political challengers

Winning Reform

Bruce Poliquin, Maine’s incumbent second-district U.S. Representative, knows what to blame for his loss this last election: the preferences of Maine voters.

Well, he blames Ranked Choice Voting (RCV) . . . in which voters rank the candidates by preference, and whose votes are counted so to better tally second- and even third-favored options.*

The Republican Representative enjoyed a slight lead on election night, but fell short of a majority. When two independent candidates were eliminated, their second-choice votes put Democrat challenger Jared Golden over the 50-percent mark.

Maine Republicans are upset. It turns out that losing isn’t as much fun as winning.

Shocking, I know.

So Poliquin sued, arguing that RCV is unconstitutional. He asked a federal judge to stop the ballot tabulation.

Judge Lance Walker, a Trump appointee, was “not persuaded.” He additionally noted that “the citizens of Maine have rejected the policy arguments plaintiffs advance against RCV.”

Twice.

In 2016, Mainers passed RCV by ballot initiative and then, in a 2017 referendum, vetoed the legislature’s arrogant repeal of the voter-enacted reform.

“While Mr. Poliquin publicly works through the five stages of grief over his election loss,” remarked RCV advocate Kyle Bailey, “the real story is that the implementation of Maine’s Ranked Choice Voting law was smooth, transparent, and in accordance with the will of the Maine voters,”

Meanwhile, Chuck Slocum, past chair of the Republican Party of Minnesota, urges fellow Republicans to “consider” this non-partisan reform.

Yes, a process that better counts voter preferences ought to help your political party.

This is Common Sense. I’m Paul Jacob.

 


* In cases where no candidate gains a majority of first-choice votes, the last place candidate is eliminated and his or her votes re-allocated to those voters’ second choice, and this process continues until a candidate reaches a majority.

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general freedom initiative, referendum, and recall political challengers Popular

Spoiler Season

“Libertarians poll high enough to tip key races,” informs The Washington Times — citing contests for governorships and both houses of Congress.*

Libertarian Lucy Brenton is one example, running for U.S. Senate in Indiana. She grabbed 7 percent in a recent poll, greater than the margin between incumbent Democratic Sen. Joe Donnelly, who had 44 percent, and Republican challenger Mike Braun with 40 percent. The Times says Brenton is just one of “a number of Libertarians whose poll numbers are high enough to more than account for the difference between Republicans and Democrats in key midterm races.” 

She had garnered 5.5 percent in 2016, when she sought the state’s other U.S. Senate seat. 

There is disagreement over whether Libertarians help or hurt Republicans. Most folks suspect that Libertarians take votes away from Republicans, but polling appears to show Libertarians snagging more otherwise Democrat-inclined voters.

No matter. As often discussed here, enacting Ranked Choice Voting is the rational institutional solution to the so-called spoiler effect Libertarians present. It’s a win-win for both so-called major and minor political parties. 

“Libertarians bristle at the term ‘spoiler,’” the newspaper notes, “saying it’s a belittling term for a party that presents a viable option to voters.”

Which brings me to a second solution to Libertarians luring away your voters. Steal their issues. Take them and make them your own.

There’s no law against it.

No reform required.

“Libertarians are running against President Trump’s tariffs, immigration policy and record on spending . . .” explains The Times, and “are embracing . . . less taxation as well as marijuana legalization, criminal justice reform and ending the war on drugs.”

Fresh elections. Happy voting.

This is Common Sense. I’m Paul Jacob.

 


* It won’t change the outcome, but on Monday the Boston Globe endorsed Libertarian Dan Fishman for state auditor, writing: “An auditor without any partisan axes to grind could shake up the state.” That’s a different kind of spoiler.

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