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Accountability general freedom government transparency incumbents initiative, referendum, and recall local leaders political challengers

Initiative Surplus?

Only nine out of 50 states can pay their bills and meet their obligations; 41 cannot, barring major tax increases or spending cuts.

That’s what we learn in last month’s “Financial State of the States” report from Truth in Accounting (TIA).

Alaska is in the best shape, “with $11 billion in assets to pay future bills”; New Jersey’s in the worst, needing “to come up with $208 billion in order to meet its promised obligations.”

Sheila Weinberg, TIA’s founder, works hard to counter governments’ creative accounting. It’s trickery, really, which “would be considered criminal for private sector corporations.” One gimmick is “promising to pay employee benefits in the future, but not fully funding the benefits programs as they rack up obligations.”*

Thankfully, TIA’s financial analysis includes items such as already-made pension and healthcare commitments.

Now, let’s expand the analysis, collating these findings to separate between initiative and non-initiative states**:

  • Seven of the nine states with a “taxpayer surplus” — where government can pay its bills and meet its obligations — have the ballot initiative process.
  • The 23 initiative states comprise 46 percent of the states. Yet, initiative states comprise a whopping 78 percent of financially healthy states.
  • Of the 20 states carrying a larger-than-average taxpayer burden, 15 states (75 percent) lack the initiative process.

Granted, this represents a correlation between states with citizen-initiated ballot measures and healthier fiscal policy, not necessarily causation. Still, I’m not surprised states where citizens have more say so are better governed.

This is Common Sense. I’m Paul Jacob.

 

* “This short term fix allows governments to artificially ‘balance their budgets’ by not counting certain obligations as official debt.”

** There are 23 initiative states and 27 non-initiative states. Two referendum-only states— Maryland and New Mexico — are considered non-initiative states, and so is Illinois. Illinois is considered a non-initiative state, because its ballot initiative process is so severely restricted as to be non-existent. Only one measure has ever appeared on the ballot.


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folly ideological culture media and media people national politics & policies

A Special Place in Heck?

Former First Lady scolds women for not voting . . . for a former First Lady.

Yes, “Michelle Obama,” the BBC headlined last week, “scolds female Trump voters.”

Need you ask why? You probably have already guessed.

“Any woman who voted against Hillary Clinton voted against their own voice,” Mrs. Obama remarked at a Boston conference.

Though a majority of women who voted cast their ballots for Mrs. Clinton, a slightly smaller majority of white women voted for Donald Trump.

And to those women who did not vote for Hillary? “Well, to me that just says, you don’t like your voice.”

The idea that one woman candidate can serve as “the voice” for all women is not merely absurd. It is sexist. But it is something that this most recent First Lady shares with the former First Lady who just lost a major election. Yes, Hillary Clinton has said much the same kind of thing. And Madeline Albright, Secretary of State under Clinton’s husband’s command, famously argued “there is a special place in hell” for women who refuse to toe the line and vote Clinton II.

Heck, there is a special place for women who think, appraise and choose against social pressure: America. Here people matter as individuals, as persons, not as members of their race, religion, sex, or . . . political party.

But the arrogance of these women leaders shows no understanding of effrontery. “You like the thing you’re told to like,” Mrs. Obama belittled female Trump voters.

Truth is: women were repeatedly told to like Hillary for president. But they refused to do as they were told, which is why Mrs. Clinton and Mrs. Obama are attacking them.

This is Common Sense. I’m Paul Jacob.


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Accountability ballot access initiative, referendum, and recall local leaders national politics & policies political challengers U.S. Constitution

Free to Choose

“I think that the most effective way one could possibly move toward greater freedom in the United States, toward a smaller role of government, would be if we could only have a more democratic society.”

Who said that? A Democrat?

No.

The speaker quickly added, “I don’t mean a capital-D, I mean a small-d.”

“That is, I mean if we could have referenda,” the late Milton Friedman explained back in 1987.

The Nobel Prize winning economist — and co-author with wife Rose of the bestselling Free to Choose* — was referring to the initiative and referendum process, whereby citizens vote on laws, and in the case of initiatives directly place measures onto the ballot.

Citizens enjoy initiative and referendum rights in twenty-four states and roughly 60 percent of cities throughout the country.

“The public at large has always shown itself,” Dr. Friedman observed, correcting himself, “has almost always shown itself to be more libertarian in its views than have their elected representatives.”**

Friedman was not suggesting that a bad law becomes good because it was passed at the ballot box. He simply weighed the odds between two distinct sets of voters. Legislators are a small group, the personal power of each one so closely tied to government that politicians’ personal interests often compete against the public’s. Conversely, the much larger group of voting citizens almost defines the public interest.

Perhaps I was channeling the great doctor of economics when I was once asked, “Do you trust the people?”

My reply?

“No. But I trust the people a whole lot more than I trust the politicians.”

This is Common Sense. I’m Paul of Jacob.

 

* The book was first published in January 1980, in tandem with PBS’s airing of the popular “Free to Choose” series.

** He spoke this at a California Libertarian Party conference. Tough crowd.


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Accountability general freedom initiative, referendum, and recall local leaders national politics & policies responsibility term limits

Today’s Leaders

We have a new president. Many people put a lot of trust in him — and many more hate him and seek to bring him down. In both cases, presidential politics takes up an inordinate portion of our brain space.

Over the weekend I twice wrote about four heroic senators, standing up to the insiders in their own party. Getting a lot of deserved attention.

But remember: the real leaders are not in Washington, D.C.

Right now, a half dozen issues are undergoing revolution. Legalized gay marriage swept through state after state; meanwhile, Democratic leaders (Clinton, Obama) lent none of their prestige to the cause.*

It was local and state activists who led. And even wide swaths of “the people” were out in front.

Not politicians.

Marijuana legalization has occurred in state after state, mostly by initiative petitioning. It wasn’t the politicians who pushed this through. It was activists.

And, again, the people.

The politicians — including, now, the new Attorney General — largely obstructed the advance of freedom on this issue.

Much the same can be said for improving police-citizen relations with mandatory cop cams and transparency protocols. In the past, much the same pattern could be seen regarding term limits and tax limitation measures. In most cases of progress, politicians have actually represented the rear guard.

Which should give us something to think about. We face a looming sovereign debt crisis, the pension system bubble, and ongoing culture wars regarding campus (and general) free speech.

If you think something should be done, minds should be changed, don’t look for a national figure. Look locally. Look to yourself. Go online.

Master the mechanisms of social change.

This is Common Sense. I’m Paul Jacob.

 

*That is, these politicians “became leaders” on the issue at the point the issue needed no leadership. They remained opposed to change until the last moment, when the direction was firmly set and most of the watershed marks had been made.


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general freedom initiative, referendum, and recall local leaders nannyism political challengers Regulating Protest

Delivering a Double Standard

Former State Representative Matt Lynch got right to the point in his Cleveland Plain Dealer op-ed: “The people’s right to amend the Ohio Constitution through the ballot initiative is under attack.”

Created by the Ohio Legislature to consider constitutional amendments, the Ohio Constitutional Modernization Commission (OCMC) has a hidden purpose: provide cover for that same legislative body. As Lynch aptly notes, the OCMC “is filled with politicians and lobbyists. Thus, commission recommendations must be scrutinized for fidelity to the public good versus the special interests of political insiders.”

This Thursday at the capitol in Columbus, OCMC will consider whether to recommend that state legislators propose an amendment to the state constitution to make future amendments more difficult. That’s an awfully bad idea in itself. But, bizarrely, the greater difficulty would depend entirely on who proposes the amendment.

The working OCMC recommendation makes no change to the legislature’s ability to propose and pass constitutional amendments. What it would do is make it tougher for citizen-initiated amendments. Most unhelpfully, the recommendation would require only citizen-proposed amendments to garner a supermajority of 55 percent of the vote.

Consequence? Suppose a measure proposed by citizens — term limits, ethics reform, government transparency — was massively outspent by powerful interests, and yet still won 54.9 percent of the vote. It would lose.

Yes, the 45.1 percent of voters would defeat the 54.9 percent of voters.

Call it “New Math.”

The very same issue proposed by legislators would win . . . and be added to the state constitution.

The double standards are breathtaking,” writes Lynch,* adding, “and no other state has such unfair rules.”

This is Common Sense. I’m Paul Jacob.

 

* Sunday at Townhall, I also discussed this double standard. And the word may be getting out. Townhall always adorns my column with a photograph — this time featuring Ohio Attorney General Mike DeWine, also a Republican candidate for governor in 2018. DeWine’s campaign objected to being pictured, arguing they have no involvement with the OCMC. DeWine’s picture has been removed.


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general freedom moral hazard nannyism responsibility too much government

The $659,000 Non-Question

The so-called “Motor Voter” law of 1993 created a national mandate: when people obtain their drivers’ licenses at the Department of Motor Vehicles, ask them if they’d also like to register to vote.

The federal mandate is perhaps heavy-handed, but the underlying idea has merit.

Now a new idea is gaining ground, taking the notion (nudge, nudge) a step further. Let’s not bother asking people if they want to sign up to vote, the proposal runs. Government should simply register them. Without asking.

It is a form of paternalism.

“It flips the presumption, where right now they ask you if want to be registered,” argues D.C. Council member Charles Allen. “Instead of that, we’re just going to go ahead and get you registered, and that absolutely helps enfranchise voters.”

“Lawmakers in 32 states have introduced measures in the last year to automatically register drivers to vote,” reports the Washington Post.

Some folks contend there isn’t much difference between asking if someone wants to register and registering them without asking. Well, if there isn’t much difference, why spend the $659,000 that Washington, D.C. officials estimate it will cost over the next four years for their new “don’t-ask” program.

Of course, there is a difference in the two policies: sort of like between offering people something to eat and force-feeding them.

Some Americans have no desire to vote or be registered. It is surely no business of any state or local government to act as if their preferences don’t count.

And what good are a bunch of names on a voter list if they aren’t interested? Is someone going to vote for them?

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment folly local leaders media and media people national politics & policies responsibility

The Early Vote Worm

Last week was consequential for Greg Gianforte. Awfully.

The Republican businessman won the special election for Montana’s lone seat in the U.S. House of Representatives. He also body-slammed a reporter. He now faces misdemeanor assault charges.

For which Gianforte apologized publicly . . . as he was declaring victory. Welcome to modern American politics.

Democrats claimed victory, nonetheless — with media cover to boot. “Republicans’ 7-point win in last night’s Montana election is great news for Democrats,” the progressive Vox headlined their report.

At Townhall.com on Sunday, I explained why that claim misses both the forest and the trees. Yes, Trump won Montana by 20 percentage points against Hillary Clinton’s mere 35.4 percent back in November, while Gianforte won last week by only 7 points. But Trump was lucky to be opposed by a very unpopular Hillary.

Moreover, at that same election wherein Trump trounced Secretary Clinton, Gianforte lost the governor’s race to a Democrat. Indeed, Gianforte performed 11 points better last week than back in November — winning, instead of losing.

How does that show Republican support slipping?

The message from the Montana special election is that early voting periods are far too long. Montana’s early voting began nearly four weeks before Election Day. The assault by Gianforte, with criminal charges, hardly mattered, because roughly two-thirds of Montanans had already voted when it occurred.*

Rather than a nearly month-long process, whereby a candidate can bank a majority of the vote before the campaign is over, let’s make Election Day a three or five-day period. Make it easy to vote, but let’s all vote together, with the same information.  

This is Common Sense. I’m Paul Jacob.

 

* This means not only that Gianforte may have “gotten away” with his violent outburst, but that those voters did not have time to adequately appraise Gianforte on information they would have possessed and been able to act upon, with a shorter voting period.


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Accountability initiative, referendum, and recall local leaders responsibility

The Maine Thing

Ranked Choice Voting (RCV) allows voters to rank electoral candidates and not “waste” their vote in cases where their most favored candidate is* unlikely to win. RCV also requires a majority for election, not merely a plurality of the vote.

Last November, Mainers passed Question 5 to begin using this voting system for statewide races, state legislative races and congressional contests. Voters in Portland, the state’s largest city, already use ranked choice voting for several city offices.

Nonetheless, Gov. Paul LePage, who has won twice for governor without ever capturing a majority, opposes RCV, as do many state legislators, also elected under a different first-past-the-post plurality system.

Because Maine’s state constitution specifically mentions plurality winners for statewide officials and state legislators (in the General Election), legislative leaders asked the Maine Supreme Court for an advisory opinion on the constitutionality of the ballot measure. Earlier this week, the court ruled that Question 5 was not constitutional when applied to those specific offices and elections.

However, the constitutionality of RCV was not challenged regarding congressional elections or primary elections for the state legislature.

Now some legislators are proposing a constitutional amendment to enact the RCV that voters supported. Others are urging that the entire law be repealed — even the parts not ruled unconstitutional. They claim the new system is too confusing if not used for every office.

But Portland city voters use RCV for some offices and not others, without confusion.

Legislators should follow the court’s decision, sure, but also respect the vote of the people for every part of the measure not addressed by the court.

This is Common Sense. I’m Paul Jacob.

 

* Ranked Choice Voting also prevents wasted votes in cases where a voter merely expects or fears (even inaccurately) that his or her favorite candidate does not have enough support to get elected.


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Original cc Photo by Tim Evanson on Flickr

 

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Accountability folly general freedom ideological culture media and media people moral hazard nannyism political challengers responsibility too much government

French Beacon

“Since the French Revolution,” the New York Times pontificated online, “the nation has often been viewed as a beacon of democratic ideals.”

Really? Can a nation of constitutional turnovers — kings and republics and revolutions and foreign occupation — be a beacon? Most often we in America compare our Revolution to France’s, focusing on The Terror: mob rule and proto-totalitarianism.

On Friday, “the staff of the centrist candidate Emmanuel Macron said… that the campaign had been targeted by a ‘massive and coordinated’ hacking operation, one with the potential to destabilize the nation’s democracy before voters go to the polls on Sunday.” A few minutes later, the campaigns fell under the country’s election gag rule, unable to debate immediately prior to the voting. The government told the media not to look at what was dug up in the “hack” (which everybody said was by Russians). Though Macron’s putative Islamization plan is worth looking at, surely.

Much talk (at the Times and elsewhere) of how the hack destabilized democracy. No talk, for some reason, about how the election regulation gag rule did.

The idea that information might destabilize democracy? Awkward.

Still, we can see how an info-dump’s timing might destabilize an election.

But since Macron won by a large margin, the Late Exposure Strategy may have backfired, Russians or no.

The most obvious oddity in reportage? The continued reference to former Socialist Party hack Macron as “centrist” while Le Pen is called “far right” ad nauseam. Macron is pro-EU; Le Pen is nationalist. Neither are reliably for freedom. The fact that Macron packaged his En Marche ! Party as centrist doesn’t make it so.

This is Common Sense. I’m Paul Jacob.


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general freedom local leaders national politics & policies political challengers U.S. Constitution

Wag that Tail, Dog

Last November, Maine voters passed a ballot measure, Question 5, to begin electing their federal representatives to Congress, and their governor and state legislators, using Ranked Choice Voting. This selection mechanism allows voters to rank their choices, thereby removing the “spoiler effect” that often pushes citizens to support the lesser of two popular evils.*

Last month, Maine’s State Senate submitted advisory questions to the Maine Supreme Court about the new law’s constitutionality.

It is indeed constitutional. “Those who argue that ranked-choice voting conflicts with the Constitution,” explained Marshall Tinkle** in the Bangor News, “seem to be reading things into it that simply are not in the text.”

Last week, the Maine Supreme Court heard oral arguments. Justices Donald Alexander and Joseph Jabar seemed concerned about ranked-choice voting making it easier to vote for the person and not the party.

That’s not unconstitutional. But is it somehow bad?

“We are going to have a lot of people abandoning the political parties if ranked-choice voting remains,” argued Alexander. Or perhaps the parties might better serve voters?

The attorney representing the Committee for Ranked Choice Voting, James Kilbreth, reminded the justices that the voters have spoken, and as to the resistance by legislators in implementing their will, he remarked, “This is the tail-wagging-the-dog kind of problem.”

The courtroom broke out in laughter when Chief Justice Leigh Saufley responded, “Mr. Kilbreth, it’s a fairly large tail.”

I’m a big fan of ranked choice voting***, but the court’s decision is not about the policy. It’s about whether the dog (the people) will wag the tail (the legislators) or vice-versa.

This is Common Sense. I’m Paul Jacob.

 

* Portland, the state’s largest city, has used ranked choice voting since 2011.

** And Tinkle should know, since he “wrote the book” on the subject — the reference book, The Maine Constitution.

*** I serve on the Board of Directors of FairVote, an organization that promotes ranked choice voting and other methods to make every person’s vote count.


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