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partisanship Voting

Gerrymandering Proceeds Apace

An “independent” redistricting commission established in New York State by constitutional amendment has failed. That means state lawmakers get to draw political districts after all.

And boy, are they drawing them. 

The maps just proposed by the dominantly Democratic legislature may reduce the number of GOP congressional districts from eight to three. But as Adele Malpass explains, these maps “are filled with districts that are shaped like snakes [and] cross multiple bodies of water.”

Although the failed New York State Independent Redistricting Commission sports that imposing moniker, it is really just a bipartisan commission. Not so independent. The commission was set up in such a way allowing either group of partisan members to obstruct things until there is no alternative but to let state lawmakers draw the districts.

That’s what happened here.

Both Republican and Democratic commission members argue that a legislature-​mandated compromise to reconcile clashing sets of maps — a GOP-​preferred set and a Democrat-​preferred set — was thwarted by the other partisan team. The Republican claim is more plausible; they had nothing to gain by letting districts be squiggled by Democrats in the legislature.

Last November, the commission survived a Democrat-​favored ballot measure to kill it, but that victory wasn’t enough to prevent the commission from collapsing.

Perhaps this grotesque gerrymandering will be stymied by courts. It would be great if Empire State voters had the power to enact a more robust district-​drawing commission. But sadly, New Yorkers have no statewide right of citizen initiative.

This is Common Sense. I’m Paul Jacob.


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Accountability folly general freedom government transparency initiative, referendum, and recall local leaders moral hazard national politics & policies term limits

Illinois’s Chicken-​and-​Fish Supreme Court

A constitution is the law of the land only to the extent that it’s enforced. And in Illinois, the right of citizen initiative — provided for in the state constitution — is not enforced.

The constitution’s wording is explicit: “Amendments … may be proposed by a petition signed by a [specified number of electors].… Amendments shall be limited to structural and procedural subjects contained in Article IV.”

Does that Article IV discuss the subject of election procedures, including eligibility requirements, thereby opening the door to a citizen-​initiated term limits amendment? Yes, it does. Section 2, subsection ©, for example, specifies citizenship, age, and residency requirements.

Yet the Illinois Supreme Court has repeatedly chucked the results of effective petition drives to get a state legislative term limits question on the ballot.

The justices rely on the venerable Fallacy of Tortured Misreading. 

Former Illinois legislator Jim Nowlin recently pointed out that in 1976, the court concluded that the wording about how initiative proposals “‘shall be limited to structural and procedural subjects’… meant a proposal must make both kinds of changes.” The lone dissenter on the court “opined to the effect: When I see a restaurant sign that says, ‘We have chicken and fish,’ that doesn’t mean you have to order both chicken and fish!”

The right of citizen initiative is a crucial means of reforming government when those in government won’t reform themselves. The citizens of Illinois have that right. But, for now, they also don’t.

That ain’t Common Sense. I’m Paul Jacob.


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government transparency initiative, referendum, and recall

Temporal Redistricting

They must be proud of themselves, the Little Rock insiders who pushed through a vote on a bond measure in hot-​as-​Hades mid-July.

Less than 4 percent of eligible voters turned out for the off-​cycle exercise in 100-​degree democracy. The measure, which refinances previous library bonds and puts an influx of cash into Little Rock public library branches, passed with over four-​fifths of the minuscule turnout.

Now, as bond measures go, this one sure seems like a dream; its advocates say it will reduce, not increase, taxes.

But that July 14 vote!

“There was no organized opposition to the bond refinancing campaign,” we read, courtesy of the Arkansas Democrat-​Gazette. “Still, Pulaski County Election Commission Executive Director Bryan Poe expected a higher voter turnout.” He thought they would get at least 6,000 voters. Still, even that many votes would have amounted to less than 5 percent of the over 126,000 registered city voters.

It certainly wasn’t any surprise, then, that turnout would be tiny and democratic decision-​making left to a tiny fraction of the public.

Detect a certain odor?

It stinks of redistricting. When politicians redistrict voters so that predictable partisan outcomes can be reached — somehow to the benefit of those doing the redistricting — the insiders are not really trying to provide representation to voters. They are trying to continue their business as usual.

“Insiders know best”?

By selecting a summer date for the vote, insiders in effect redistrict the voters using time as the gerrymandering boundary. Call it temporal redistricting, advantaging those with the most at stake in the vote’s outcome.

Call it democracy for the 1 (or 3½) percent.

This is Common Sense. I’m Paul Jacob.


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Sneaky Democracy