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initiative, referendum, and recall

Democratic Dreams

On Wednesday, I said we should, to borrow the vernacular, “have a conversation” about a national referendum.

Billionaire investor, environmentalist, and Democratic presidential candidate Tom Steyer proposed the idea, which I’ve loved conceptually since my friend, former Alaska Sen. Mike Gravel (also a Democratic presidential candidate), first advocated it decades ago.

But that ol’ devil — he’s in the details. (Decidedly not the latest lingo.) What might a national initiative and/​or referendum process look like?

Given that it would require a constitutional amendment — meaning ratification by 38 of the 50 states — the process must win broad support to be enacted.

Here’s what I propose: Allow any statutory initiative measure to be petitioned onto a federal General Election ballot with signatures equaling 6 or 8 percent of the country’s population* and as verified by election officials in each state. Require a concurrent majority, whereby for a measure to pass it must garner not only a majority of the vote nationally, but also a majority vote in at least 20 states — or even in a majority of the states.

An initiative proposing a national constitutional amendment should do more. Require, say, a petition signature threshold of 10 or 15 percent and not merely a majority of the vote nationally to pass, but mirroring the current amendment process, mandate a majority in each of at least 38 states.

If U.S. Term Limits is successful in getting 34 states to call a convention to propose an amendment for congressional term limits, a national referendum process could follow in those footsteps. 

Talk about two ideas that will pop blood vessels in the heads of professional politicians and their special interest cronies!

Dare to dream.

This is Common Sense. I’m Paul Jacob.


 * This should simply follow the figures of the most recent census, of course.

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ballot access government transparency Popular

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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Categories
ballot access general freedom initiative, referendum, and recall media and media people Regulating Protest

Three Bad Propositions

Two propositions on this November’s California ballot, Propositions 8 and 11, have found an opponent.

“Both would have voters decide very narrow union-​management conflicts in two relatively small medical service sectors,” explains Dan Walters, long the dean of California columnists. Unions are sponsoring Prop 8, which “purports to limit profits in clinics that provide dialysis treatments to sufferers of kidney failure.” Ambulance companies are behind Prop 11, which would “require ambulance crews to remain on call during meal and rest breaks.”

Walters thinks it “foolish to expect November’s nine-​plus million voters to make even semi-​informed decisions about their provisions, much less understand how dialysis clinics and ambulance services operate, or should operate.”

Well, yes, but this criticism applies to government universally. Legislators don’t understand how every business or industry functions, or should function, either. Even when politicians pretend to comprehend, by what right do they micromanage other people’s businesses and labor contracts?

Freedom, not government regulation, should be the default position.

But Walters’ fix runs against this logic. He thinks that upping the required percentage of signatures for ballot placement “by half … might discourage the misuse of the system for issues that cannot be fairly and rationally decided by voters.”

Don’t bet on it.

As Walters himself admits, making it tougher and more expensive to petition a measure onto the ballot won’t block the well-​heeled: “any interest group with a few million bucks and an axe to grind can qualify a ballot measure, regardless of their merits.”

But it would disenfranchise grassroots groups.

Defeat bad measures; don’t destroy the democratic process.

This is Common Sense. I’m Paul Jacob.

 


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incumbents insider corruption

The Politics of Exclusion

“The mainstream media screams about Russia stealing elections,” says U.S. senatorial candidate Dale Kerns, “but behind the scenes they pull the strings to keep the duopoly in control.”

Mr. Kerns, who is running in Pennsylvania as a Libertarian in a four-​candidate race, has had the rug pulled out from under him. Early on, the League of Women Voters had assured him that he would be able to participate in televised candidate debates in Philadelphia. That opportunity was dashed as the date of the event neared.

“Make no mistake, this is cronyism,” insists Kerns, who notes that “big media corporations collud[e] with big government political parties to keep out competition.”

Eric Boehm covers the scandal/​not-​a-​scandal over at Reason. The early promise of inclusion came from the League, and it was “other organizers” of the event who decided that the Libertarian and Green candidates’ polling numbers were low enough to excuse exclusion.

You might wonder why debate organizers would want to have less interesting debates. But remember: the two entrenched parties’ candidates want to win. Period. The last thing they want are challengers from other parties included, because those challengers can only peel off voters from them.* And though the major-​media hosts may wish to seem non-​partisan, they almost never refrain from taking a side. 

I do not (and cannot) know which reason contributed more to the Philadelphia renege, so will let you hazard your own guesses. 

This is Common Sense. I’m Paul Jacob.

 


* Which helps explain why the parties tend to “cheat with both hands,” as Nicholas Sarwark, the Libertarian candidate for the mayorship of Phoenix, Arizona, put it.

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Categories
Accountability ballot access folly general freedom ideological culture initiative, referendum, and recall media and media people national politics & policies political challengers responsibility U.S. Constitution

Should Non-​Citizens Vote?

“A lot of people would like to say this is an immigration issue. It’s really not,” offered Gary Emineth, the head of North Dakotans for Citizen Voting and a candidate for state senator. 

“It’s really about preserving the right for U.S. citizens, and in our case, North Dakota residents, to only be the voters in all elections across the state of North Dakota,” added Emineth. “And that’s why we want it in the constitution.”

Turning in more than 35,000 voter signatures on petitions last Friday, Emineth and others placed a constitutional amendment on this November’s ballot that, if passed, would make voting the exclusive right of U.S. citizens in North Dakota.

Elsewhere in the country, Emineth points out, non-​citizens are already voting — in Chicago and San Francisco, and in 11 cities across Maryland. Moreover, campaigns are underway across the country to give non-​citizens the vote — in California, Connecticut, New York City, Boston and Montpelier, Vermont.

Opponents claim the North Dakota measure is completely unnecessary, as the state doesn’t currently allow non-​citizens to cast a ballot, nor has any city yet attempted to allow non-​citizens to vote. But Emineth’s goal is to keep it that way.

Moreover, University of North Dakota Law Professor Steven Morrison acknowledged to The Forum in Fargo that “the proposed amendment does clean up what could be a grammatical loophole since the word ‘every’ doesn’t conclusively exclude non-​citizens from voting.…”

It is a very simple proposition: Do you want voting to be the exclusive right of U.S. citizens? Or should non-​citizens be allowed to vote?

Coming to a ballot near and Fargo.*

This is Common Sense. I’m Paul Jacob.

 


* With some help from Liberty Initiative Fund.

 

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Categories
Accountability general freedom government transparency initiative, referendum, and recall local leaders national politics & policies political challengers term limits

The Other Maine Thing

Tuesday’s biggest election news was the victory for Ranked Choice Voting (RCV) in Maine. This is the second statewide vote for this reform, which allows voters to rank the candidates by first choice, second choice and so on.*

Voters first passed it in 2016, but the next year the voters’ “representatives” in the legislature repealed the law, overturning their vote. 

Undeterred, RCV supporters filed a referendum and again went out and gathered enough petition signatures to refer the legislature’s repeal to a vote of the people. On Tuesday, Maine’s voters vetoed the legislature, keeping Ranked Choice Voting. 

Initiative and referendum sure are helpful.

RCV is not partisan; it requires the winner to have some level of support from a majority of voters and fixes the wasted vote problem. In Maine, however, the Republican Party opposed. On election day, Republican Gov. Paul LePage even threatened not to do his duty and certify the results.

Paul Jacobs (Vice chair of the [FairVote] Board) whom I once knew and thought was a good American,” a Republican friend posted on my Facebook page, “has helped unleash the hounds of Hell” … adding that “now the voters are so confused by the terrible procedure that voting will be a nightmare this Tuesday!”

Yet voters used the new voting system for the first time Tuesday in candidate primaries before deciding Question 1 on their ballot — about keeping RCV. As one Portland voter put it, “It’s pretty easy to do, despite the negative publicity.”

We need more control over government with our vote. And when voters speak, politicians should listen. 

It wouldn’t hurt political activists to listen, too.

This is Common Sense. I’m Paul Jacob.

 


* I’ve discussed the idea in this space many times — there’s more information on how it works here.

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