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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Voters first passed it in 2016, but the next year the voters’ “representatives” in the legislature repealed the law, overturning their vote.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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crime and punishment folly free trade & free markets general freedom initiative, referendum, and recall local leaders nannyism national politics & policies privacy

Legalize Cancer Fighting

“Do all former congressmen have to get cancer before we’re gonna get medical marijuana or recreational marijuana?”

That’s what Reason TV’s Nick Gillespie asked Billy Tauzin at the Cannabis World Congress and Business Exposition. Tauzin’s a former Representative for Louisiana’s 3rd District. He moved from Congress to lobbying for Big Pharma — I mean, PhRMA, a drug lobbying group — and then to Lenitiv Scientific, where he works now.

The company produces “a line of innovative, high quality cannabis and hemp-​derived CBD products,” its website informs. These products, says the former Republican politician, are so effective that he now expresses some regret that he could not have had access to such drugs when he was fighting cancer more than a decade ago. Today’s cancer patients have it easier, because of cannabis-​derived products, including CBD.

Hence Gillespie’s question — which almost answers itself.

With a No. 

The number of states that have legalized or decriminalized marijuana for recreational or medicinal uses (or both) is growing all the time, usually without the help of politicians with or without cancer.

The movement has mostly been carried on by We, the People through initiative and referendum. Especially the crucial early steps.

But politicians are beginning to follow our leadership.

Which, in a society where citizens are in charge, is all to the good.

Though powerful opposition remains, Tauzin speculates, “I think if we took a silent vote, secret ballot, we’d win tomorrow easily.” 

So, given a little more time for Congress to catch up with the culture, freedom can prevail, no cancer necessary.

This is Common Sense. I’m Paul Jacob.

 


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

Principle and Compromise

Last Friday, Tim Eyman — the Evergreen State’s best-​known ballot initiative practitioner — won an important court case.

But he also scuttled an amazingly impressive compromise between state legislators, police, and the proponents of Initiative 940.

The measure was written and promoted by De-​Escalate Washington, a group that includes several relatives of deceased victims of recent controversial police shootings. I‑940 would implement violence de-​escalation and mental health training for police, and require law enforcement personnel to provide first-​aid to save lives. Most likely Washington voters tell pollsters they approve.

De-​Escalate Washington got the required signatures, sending this “indirect initiative” to Olympia. The Legislature was faced with three choices:

  • approve the initiative as written; 
  • not act, letting the measure go to the ballot; or 
  • approve an alternative and place both proposals on the ballot.

The Legislature tried to “create a fourth option”: it passed the measure with amendments.

And that’s what Thurston County Superior Court Judge Christine Schaller found unconstitutional. She sent the measure, un-​amended, to the ballot for a vote of the people.

Interestingly, those amendments were the result of negotiations among the measure’s advocates, the police, and the Legislature. There had been many congratulations all around on the “historic” compromise. But, “historic” or no, legislatures must follow the law.

Tim Eyman is pleased that the court defended the constitutionally defined initiative process by definitively siding against the backroom compromise.

And voters will still get the chance to vote on the proposal.

This is Common Sense. I’m Paul Jacob.


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ballot access initiative, referendum, and recall local leaders political challengers Regulating Protest too much government

New-​Fangled Vote Counting

Call me old-​fashioned, but when you go to the pols to cast your vote on a ballot measure, your Yes vote should count for yes and your No vote for no.

And if you choose not to vote, your non-​vote should count for neither yes nor no.

That’s just common sense. Right?

Well, meet its antithesis: Proposal 97, now being considered by Florida’s powerful Constitution Revision Commission (CRC).* Proposal 97 would count all those who do not cast a vote for or against a ballot measure as a No vote against it.

To pass a constitutional amendment in the Sunshine State already requires a supermajority vote of at least 60 percent of those who do cast a vote on the measure. Under Proposal 97, counting all those not voting on it as No votes, that percentage would necessarily go even higher. If 10 percent don’t vote, Yes would have to come in at 67 percent to win.

This is minority rule … with an extra perverse twist.

The supermajority requirement encourages big money interests to spend heavily against ballot initiatives — even when the issues have clear majority support — because if they can manage to lose by less than 20 points (60 – 40 percent), they win. Now all opponents need do is poison the water with the nastiest campaigning imaginable, causing more voters to throw up their hands or pinch their noses and avoid the issue …

… thus, being counted as voting No.

Don’t abstain. Stop Proposal 97. Tell them NO here.

This is Common Sense. I’m Paul Jacob.

 

* How powerful is the CRC? Every 20 years it meets with the awesome authority to refer constitutional amendments directly to the ballot — as many as it wishes and the amendments can be packaged to include several different subjects. No other state has a similar body. Of the 37 commission members, the governor appoints 15, the Senate president and the House speaker each appoint nine, the chief justice of the state supreme court appoints three and the attorney general is an automatic member.


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

Fear of Voters

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

“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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