Tag: initiative

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Accountability ballot access general freedom government transparency initiative, referendum, and recall local leaders moral hazard

Fear of Voters

Oklahoma, votes, democracy, initiative, marijuana, State Rep. John Enns, ballot

You are a state legislator, say. And an issue could be placed on the ballot on which a majority of your state’s citizens might not vote according to your preference. What would you do?

  1. Educate your fellow citizens on the merits of your position; or
  2. Dawdle while calling a lobbyist for advice; or
  3. Change the constitution to make it impossible for such a vote to ever be held?

State Rep. John Enns chose option C — perhaps after exhausting B. Stamping out Oklahoma’s ballot initiative process, freeing Enns and other legislators from this citizen check at the ballot box, is the essence of his House Bill 1603. 

The Sooner State already possessed the toughest petition requirements in the country.  Supporters must gain the country’s highest percentage of voter support (15 percent) while limited to the second shortest time period (90 days) to circulate petitions. 

On top of this current statewide slog, Enns’ constitutional amendment would require also qualifying in every single county. Oklahoma has 77 counties.

As the Tulsa World editorialized, “he wants to make it impossible.”

What lousy rationale lies behind Enns’ desire to destroy democratic governance? 

In response to another legislator’s query about his “fear that some marijuana bill will … become a state [ballot] question,” Enns claimed his effort was “not pre-​emptive.” But he acknowledged his strong opposition to legalizing recreational marijuana, which he pointed out “had been done through initiative petition” in other states.

Enns is afraid of Oklahoma voters having their say. He should be.* 

This is Common Sense. I’m Paul Jacob.


* I mean, of course, that Rep. Enns should fear being booted out of office on his keister. He should not have to fear physical reprisal. The Tulsa World reports that the Oklahoma Highway Patrol is now providing security to Enns, after a death threat was received related to his HB 1603.

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Accountability ballot access general freedom government transparency initiative, referendum, and recall local leaders national politics & policies political challengers responsibility tax policy term limits too much government

What Unlimited Government Costs Us

Tim Eyman, doll, petition, taxes, Washington, initiative, democracy, voters

“Olympia can’t restrain itself,” Tim Eyman wrote the other day, a judgment on legislative irresponsibility hardly unique to the Evergreen State. Citizens around the country have cause to lament the difficulty of obtaining anything close to a good legislature. 

Too often the merely “bad” would constitute a significant improvement.

Which is why legislators need to be put on a short leash. Limits on government must be written into law, where possible into either the U.S. Constitution or state constitutions, so the limits cannot be tampered with by legislators, good or bad.

Washington State initiative guru Tim Eyman, cited above, has made a career of working for just those kinds of limits. In 2007, Eyman and the citizen group Voters Want More Choices petitioned onto the statewide ballot a requirement that any tax increase must receive a two-​thirds vote from both legislative chambers. 

Voters passed the measure* in 2007, 2011 and 2012. 

In an email to supporters this month, Eyman presents data — an “amazing real-​world comparison” — to help us understand how effective the limits were … while they lasted.

He notes that “with the 2/​3 rule in effect from 2008 – 2012, those 5 legislative sessions cost the taxpayers $6.894 billion” in increased taxes.

And he compares that to the five years (2013 – 2017) since the state’s highest court struck down the voters’ two-​thirds mandate: “WITHOUT the 2/​3 rule, those 5 legislative sessions cost the taxpayers $23.679 billion.”

“Without the fiscal discipline imposed by citizen initiatives,” Eyman concludes, “politicians cannot hold back.”

Now we have hard evidence for what unlimited government costs us: more than three times more!

This is Common Sense. I’m Paul Jacob.

 

* Washington State’s ballot initiative process allows voters to pass simple statutes but not constitutional amendments. For two years after passage, legislators must garner a two-​thirds vote to override a ballot initiative. After those two years, only a simple majority is required.

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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

Illinois, Supreme Court, term limits, initiative, democracy, gerrymandering

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

Initiative Surplus?

Truth in Accounting, TIA, Financial State of the States, Sheila Weinberg, initiative, democracy

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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Accountability ballot access general freedom government transparency ideological culture initiative, referendum, and recall insider corruption local leaders national politics & policies property rights Regulating Protest responsibility too much government U.S. Constitution

The Great Faction

great fiction, government, citizen, initiative, term limits, Paul Jacob

Politics isn’t a pretty business. 

Frédéric Bastiat called the beast it serves “that great fiction” not because it doesn’t exist — intrusive state power sure persists — but rather because what it promises cannot really happen: “everyone living at the expense of everyone else.”

What can we do? How do we counteract a game that is rigged to increase the insanity, not reduce it?

Last week I indicated one thing a minor party with that goal in mind could do: use its power of spoiling elections to change major party behavior, and thus give citizens a fighting chance to restrain governmental metastasis.

Cancer.

I also suggested “blackmailing” the major parties into setting up a system of voting that … ends the power to blackmail! I believe that system — ranked choice voting — holds many positives, not the least of which is ending strategic voting, wherein voters are tempted to “falsify” their own preferences and support candidates they might dislike. This is as corrupting to the citizenry as the Great Fiction itself.

Let’s hope a savvy minor party leverages the major parties, gaining reforms to improve the system. Regardless, we can all — independently — push two other limits on political power:

  1. term limits at all levels, and
  2. initiative and referendum rights in all the states, not just the 26 that have it now.

Initiative and referendum rights would give ordinary citizens the leverage to possibly restrain the mad rush to live at each others’ expense. With the initiative, citizens can gain term limits, which produce more competitive legislative elections and lead to fewer legislators captured by the interests loitering in the capitol.

This is Common Sense. I’m Paul Jacob.

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Accountability general freedom initiative, referendum, and recall local leaders political challengers Regulating Protest too much government

Know Your BS

Tim Eyman, Washington, initiative, free speech, tax, taxes

“Help me get my B.S. in the voters pamphlet,” read the subject-​line of Tim Eyman’s email. 

Eyman is a practitioner of the art of the voter initiative, foremost in his state, Washington, and one of the most effective nationwide.*

This particular call to action concerns the voter pamphlet statements about a tax increase placed on Washington State’s November ballot by the mayor and city council in Tim’s hometown of Mukilteo.

“In the pro statement,” Eyman explained, “they wrote that the need for the tax increase was ‘indisputable.’” Which his rebuttal countered with: “Politicians always say the need for higher taxes is ‘indisputable.’ We call B.S. on that.”

It is rather to the point.

But soon he received word from the city that, “The Auditor feels the language is inappropriate and would like you to choose different wording.” Rather than “We call B.S. on that,” it was suggested that he might use: “We call foul.”

Eyman objected. He pointed out that B.S. is used ubiquitously; he sent the city examples.

“I called the ACLU,” his email noted, and “they thought it was B.S. for the government to say you can’t say B.S.”

Eyman’s own attorney, Stephen Pidgeon, sent the city a detailed letter pointing out that this is “exactly the speech protected under the First Amendment.”**

The City of Mukilteo has yet to announce a final decision. Tim Eyman invites all of us to send an email to encourage the city to Let Eyman Keep his B.S. in the Voters Pamphlet.

This is Common Sense. I’m Paul Jacob.

 

* He was once even dubbed “America’s No. 1 freedom fighter” — by me.

** Pidgeon also offered, “While the pious may construe the inference of these two alphabetic avatars as meaning something crude, my client may very well have been referencing an ancient Latin phrase ‘Bubulum Stercus’ which no average voter would ever find inappropriate.”

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

Free to Choose

Milton Friedman, democracy, initiative, referendum, Free to Choose, public interest,

“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

democracy, the people, politicians, cowardice, marijuana, asset forfeiture, initiative, term limits, police brutality

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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Accountability general freedom initiative, referendum, and recall local leaders

Citizens Triumphant

Ohio, initiative, legislature, Ohio Constitutional Modernization Commission,

Last week, the Ohio Constitutional Modernization Commission considered whether to recommend a constitutional change to create an obvious double standard: requiring citizen-​initiated constitutional amendments to obtain a 55 percent supermajority vote, while the very same amendments proposed by legislators would only need 50-​percent-​plus-​one for passage.

I traveled to the capitol in Columbus, joining a room full of Ohio citizens and organizations testifying in opposition. As I explained at Townhall yesterday, after hearing from the people, the Commission tabled the idea.*

For more than four years, the Constitutional Revision and Updating Committee deliberated over how to improve the constitution and came to a consensus in favor of the aforementioned double standard (sent to the full Commission). And yet, at a well-​attended public hearing, no one defended the proposal.

While bias favoring the legislature seemed obvious, commissioners bristled at the suggestion that — established and funded by the legislature — they lacked independence. “If there were one or two legislative members on our committee, that was it,” offered non-​legislator Janet Abaray. 

Actually, four of the nine members on Abaray’s committee are currently state legislators — not one or two. Plus, two more previously served in the legislature. That’s two-​thirds of the committee comprised of current or former legislators.

Moreover, the published minutes provide a peek into the thinking behind the proposed double standard. For instance, “what have emerged lately are initiated amendments to the constitution that are inconsistent with the purpose of the constitution.”

It is the people who will decide what belongs in the people’s constitution — not the legislature.

And not the legislature’s commission. 

That’s the truth that Ohioans spoke to power. 

And power listened. 

This is Common Sense. I’m Paul Jacob.

 

* The commission came to this conclusion with only one dissenting vote.

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

Delivering a Double Standard

Ohio, initiative, voting, election, ballot, legislature, democracy, amendment, constitution

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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