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initiative, referendum, and recall

Shanghaied in Tallahassee

How to prevent citizen control of government?

The democracy-​loathing Chinese Communist Party (CCP) is not merely wiping out Hong Kong’s civil liberties, but also aggressively undercutting the limited democratic input citizens previously had. You see, in December of 2019, in the last local elections before the pandemic proscribed the city’s protest movement, fledgling pro-​democracy candidates won an incredible 87 percent of the seats

So the Chinazis postponed the next election, just to be safe.*

Never a full-​fledged one-​person/​one-​vote democracy, Hongkongers only voted for 35 of the 70 Legislative Council seats. But now the CCP is increasing legislative seats to 90 while reducing to just 20 those that voters choose.**

While tyranny may seem another growth industry where China outpaces us, don’t count out our politicians just yet.

Last November, Florida voters decided four citizen initiatives, passing two and defeating two others — including one to make it tougher to pass constitutional amendments. Such “direct democracy” isn’t easy — almost 900,000 Sunshine State voters must sign. Then to pass, Florida amendments require a 60-​percent vote.

Yet for the third consecutive session the unfriendly Florida Legislature, dominated by Republicans, wants to make it even more difficult for regular people to communicate, associate, organize and petition an amendment onto the ballot, bypassing the pols:

♦ House Joint Resolution 61 would hike that 60-​percent supermajority for passage to 66.7‑percent. Should a measure that receives 66.5 percent of the vote lose

♦ Senate Bill 1890 would outlaw contributions of greater than $3,000 to the petition phase of the campaign, which usually costs upwards of $5 million. It’s campaign finance “reform” specifically designed to silence citizens by blocking their ability to successfully place an issue before fellow voters.

“[I]t should not be an impossible process,” offered Trish Neely with the League of Women Voters …

… of Florida, that is. Not Hong Kong.

This is Common Sense. I’m Paul Jacob.


* Not to mention the police arresting aspiring pro-​democracy candidates.

** The police must now first approve all candidates as being sufficiently pro-​China, as well.

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Photo by Elizabeth Jenkins

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audio podcast term limits

Listen: We Wish You a …

Today is Term Limits Day. Why celebrate:

This Week in Common Sense, February 27, 2021.

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term limits U.S. Constitution

Happy Term Limits Day!

Saturday is Term Limits Day. 

Boy, this holiday season really sneaked up on me. 

No excuse, though, because Term Limits Day falls on February 27th every year. On that date in 1951, the 22nd Amendment to the Constitution was ratified, limiting the president to two terms in office. 

Call it the constitutionalization of the small‑r republican example George Washington set so well by voluntarily stepping down after two terms as chief executive. That “tradition” lasted for nearly 150 years … until FDR sought and won a third term in 1940.

In addition to presidential limits, tomorrow let’s also cheer term limits on 15 state legislatures (including big states such as California, Florida, Ohio, Michigan), and those covering 36 governors as well as thousands of local elected officials, including in nine of the nation’s ten largest cities.

Of course, while we celebrate Term Limits Day — in this pandemic, mostly on social media — let’s remember where mandatory rotation out of elected office does not exist, yet is most desperately needed: Congress.

Since career politicians aren’t going to term-​limit themselves, U.S. Term Limits has launched a “national effort to bypass Congress and put term limits on House and Senate through the Term Limits Convention.” The convention requires 34 state legislatures to take action and that in turn requires us to act at the grassroots in our states. 

Already there is impressive movement. In the last week, resolutions for a Term Limits Convention have passed through key committees and entire chambers in Arizona, Georgia, and North Dakota. Much more is in the pipeline.

Term Limits Day, tomorrow, makes a great day for a contribution to the term limits cause. But there’s no time better than the present.

This is Common Sense. I’m Paul Jacob.


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initiative, referendum, and recall tax policy

My Favorite Control Group

Tim Eyman strikes again. 

In deep blue Washington State, the ballot measure activist celebrated another Election Day victory last week with Initiative 976, limiting vehicle taxes. Not to mention Referendum 88, whereby voters kept a ban on government use of racial preferences, enacted via an initiative Eyman had co-​authored two decades ago.

And still, there were a dozen more issues on last Tuesday’s statewide ballot thanks to Mr. Eyman’s 2007 initiative, I‑960, which mandates “advisory votes on taxes enacted without voter approval.” (Also thanks to state legislators, I guess, for racking up 12 new tax increases this year without bothering to ask voters!)

Yet, perhaps it matters not at all. Nearly two million votes cast on each of these measures? Three supported by a majority? Nine rejected? Two esteemed Evergreen State newspaper columnists pooh-​pooh them as “meaningless.”

“The Legislature has never taken the voters’ advice when they say a tax should be repealed,” writes Spokane Spokesman Review columnist Jim Camden. 

That’s a failing of the Legislature, Jim,* not these advisory measures … which you seem to acknowledge when you write that these votes at least “provide a good control group for any experiment on the voters’ knee jerk reaction to higher taxes.”

If legislators cared to know. 

While dumping on the dozen measures as “an empty remnant of an earlier initiative,” The Columbian’s Greg Jayne notices that “their presence on the ballot this year reminded voters, over and over again, of the Legislature’s spendthrift ways.”

Helping create an anti-​tax mood that spurred support for I‑976.

Not bad for being meaningless.

This is Common Sense. I’m Paul Jacob.


* I use his first name because I know Mr. Camden from decades ago when he was a reporter covering House Speaker Tom Foley, who after suing to overturn the 1992 citizen initiative for term limits became the only Speaker defeated for reelection since the Civil War. 

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Tim Eyman

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general freedom initiative, referendum, and recall

Today’s Trifecta

Three measures on ballots today are particularly worth watching.

Two issues in Washington State represent the only citizen-​initiated measures out of 32 propositions voters will see in eight states: Washington Referendum 88 allows voters to re-decide the issue of racial and gender preferences, so-​called “affirmative action,” while Washington Initiative 976 offers voters a chance to cap their vehicle taxes.

More than two decades ago, in 1998, Washingtonians passed Initiative 200 to end racial and gender preferences in state employment and education. This year, the state legislature enacted a virtual repeal of I‑200, by allowing the state to employ such a preference provided it was not the “only factor” used. 

Washington’s vibrant Asian-​American community, which stands to be discriminated against should affirmative action return, rose up to petition Referendum 88 onto the ballot. A “yes” vote upholds the legislature’s new pro-​preference policy; a “no” vote restores the prior voter-​enacted policy prohibiting such preferences. 

Initiative 976 is yet another effort from Tim Eyman, the state’s most prolific initiative practitioner. “This measure,” as the official summary states, “would repeal or remove authority to impose certain vehicle taxes and fees; limit state and local license fees to $30 for motor vehicles weighing 10,000 pounds or less, except charges approved by voters …”

Like virtually every Eyman initiative, powerful opponents have dramatically outspent supporters — by greater than a 6‑to‑1 margin — funding ads that have been less than truthful. Additionally, government officials have broken campaign laws in pushing a “no” vote.

Nonetheless, a mid-​October poll showed 48 percent of voters support I‑976 against 37 percent who oppose it. Could Eyman again thwart the state’s behemoth Blue Establishment?

Lastly, New York City voters will decide a ballot question on whether to use ranked choice voting in future primary and special elections for mayor, city council and other offices. It would mark a major victory for a reform growing in popularity.

This is Common Sense. I’m Paul Jacob.


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vote, election, initiative, referendum, Washington, New York,

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initiative, referendum, and recall insider corruption

Revolt of the Desk Jockeys

Our Constitution guarantees that each state of the union provide a republican form of government.

Does that mean that all that is prohibited is … monarchy?

No. 

One very common form of modern governance is deeply anti-​republican, requiring — at the very least — strict regulation to prevent it from usurping our form of government. And what is this dangerous variety? The kind an economist defined centuries ago: “We have an illness in France which bids fair to play havoc with us; this illness is called bureaumania.” He called it “government by desk,” or, “bureaucratie.”

Yes, bureaucracy.

You might think I’m about to launch into another attack upon the Deep State, perhaps in relation to the ongoing coup-​by-​desk of the Trump Presidency.

But no. Let us turn to the other Washington, the one with the capital named Olympia.

In that hotbed of politics-​as-​usual, the city government printed out and mailed — on the public dime — a pamphlet entreating voters to vote against I‑976, a state-​wide initiative that had been advanced onto the ballot by Tim Eyman* and hundreds of thousands of voter signatures.

Even if it had been a broadside for the initiative this would have been very, very bad.

In republics, those who inhabit public desks must not be allowed to hijack election campaigns from those who are, ultimately, in charge: the citizens.

And in Washington State by law: RCW 42.17A.555 broadly and strictly prohibits using public resources for campaigning.

Apparently, public servants in the Evergreen State (as elsewhere) do not see that they themselves can corrupt our form of government.

Which makes this government-​printed pamphlet a very serious breach of law indeed. 

This is Common Sense. I’m Paul Jacob.


* You may remember me talking about Eyman before — often. I have called him the most effective limited-​government activist in these United States. And it is from Eyman himself that I learned of this story.

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