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Accountability initiative, referendum, and recall moral hazard nannyism responsibility

Whose Constitution Is It, Anyway?

Last November’s biggest mistake? Colorado voters passing Amendment 71. It makes the Rocky Mountain State’s constitution exceedingly more difficult for voters to amend through the initiative petition process.

And more like it may be in the offing. Legislation is moving in Florida to require a 66.7 percent vote to amend the state constitution. Already, a 60 percent vote is required, but legislators remain fearful voters can muster that.

The Ohio Modernization Commission, a legislatively created mix of legislators and insiders, is recommending a new constitutional amendment to — you guessed it — make it tougher for voters to pass amendments. Future voter-​initiated amendments must pass twice, by a 55 percent supermajority.

There are also efforts to weaken citizen initiatives in Arizona and Maine.*

The big money behind Colorado’s Amendment 71 told whopper after whopper to win. They pretended to love and revere the constitution. Finally, they put former Denver Broncos Super Bowl champion quarterback John Elway on television — spot after spot — telling voters the amendment “protects our constitution.”

But … from whom?

You see, politicians and special interests don’t have to amend the state constitution to spend money on themselves or their cronies. From their perch in the state capitol, they can do that with a simple statute.

But you and I need the ability to pass constitutional amendments. Why? Only through the constitution can we limit the power of those same politicians — the power of government. Legislators can overrule a mere statutory ballot initiative (and often do).

That’s what this battle is all about. Politicians mean to limit our power to limit theirs.

This is Common Sense. I’m Paul Jacob.

 

* Thankfully, South Dakota legislators defeated several bills aimed at making it tougher to place initiatives on the ballot.


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Accountability government transparency initiative, referendum, and recall local leaders moral hazard

Rules for Rulers?

Politicians in Tampa, Florida, have forced citizens there to vote for term limits, and then vote to keep those term limits again and again — against attempts to repeal or weaken the limits. So I keep my eye out for news from the city.

Earlier this month, Mike Deeson, an investigative reporter with WTSP 10 News, Tampa Bay’s CBS affiliate, exposed Mayor Bob Buckhorn’s open violation of the city charter’s requirement that all department heads must be city residents. Buckhorn hired Sonja Little, now the city’s highest paid employee, to serve as his Chief Financial officer, and admits on camera that he promised her she would not have to move into the city.

“The question is,” the mayor explained, “do you want talent or do you really make the residency — she’s only about a mile away from the city border — the issue?” Buckhorn answers his own question, “I would rather have talent” … than follow the law. 

In even slipperier fashion, Mayor Buckhorn has attempted to get around the clear, unequivocal wording in the charter by claiming Ms. Little has served as the “interim” Chief Financial officer for the last five years!

Reporter Deeson asks the operative question: “[I]f you’re going to ignore the residency requirement, what other parts of the charter should you just ignore?”

Deeson worries about provisions requiring competitive bidding, guarding against conflicts of interest and mandating term limits, which is “particularly problematic for a mayor who is in his second term and has to leave office when it’s over.”

On social media, Tampa residents are unloading on the mayor with numerous variants of: “This is truly what’s wrong with government.”

This is Common Sense. I’m Paul Jacob.


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initiative, referendum, and recall nannyism political challengers Regulating Protest

Irony in Spain

When I arrived at the Donostia-​San Sebastián City Hall, in the beautiful Basque Country of Spain, I wondered what all the ruckus was about. There were hundreds of noisy protesters waving long, colorful banners.

My goodness, how interesting to witness acts of political agitation on the public square in another country, I thought. Then, atop the crowd some 20 feet opposite the protest, I spied Daniel Schily, a key activist, funder and cheerleading motivator of the direct democracy movement in Germany.

After greeting, he drily brought me up to date: “They’re protesting us.”

“No, really,” I asked, “what are they protesting?”

“Really,” he said, seemingly sincere. “They’re protesting the Global Forum.”

I stood there dumbstruck, for a moment, before I noticed one sign written in English: “Global Forum on Modern Direct Democracy,” with a very large, black, bold question mark beside it.

Schily wasn’t kidding.

In almost no time, I met up with friends from Bulgaria, South Korea, Uruguay, Chile — fellow activists, all. We had gathered in this “cultural capital of Europe” precisely because of our belief that all people have a right to not only speak out, but effect change, through ballot initiatives and referendums.

It turned out that the protestors hailed from the Satorralaia neighborhood movement. Their beef? Even after gathering nearly 9,000 signatures on petitions requesting a public referendum on a proposed through-​station for the mass-​transit metro system project, the city government shrugs.

The same city council that helped organize our forum, ignoring citizens while claiming the city is “The World Capital of Democracy.”

Government. What more proof do we need that it could use more checks and balances from the people themselves?

This is Common Sense. I’m Paul Jacob.

 

N.B. This is a Common Sense digest version of Paul’s weekend column. For more information, see Saturday’s and Sunday’s posts. Paul was in transit home when this entry was being prepared for the Web; he may offer further reports from his trip in the near future.


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Accountability general freedom initiative, referendum, and recall local leaders media and media people nannyism national politics & policies

Are We Special?

“Cringe-​worthy,” said Kyle Clark, co-​anchor of 9NEWS in Denver. He was mocking the 10-​foot tall, carved, wooden Trojan Horse replica that Amendment 71 opponents are wheeling around the Rocky Mountain State.

Clark admits that Amendment 71 “would make it harder to change Colorado’s constitution,” but doesn’t seem to have any clue just how much harder.*

“Those opponents with their Trojan Horse want to paint 71 as a sneaky power grab by big money interests from out of state,” Clark continued. “Funny, though, when you find out who paid for their horse.”

Wait … this is BIG: Who paid for the horse?

“It’s an in-​kind contribution from Citizens in Charge Foundation. They’re a group that protects the initiative process around the country.… based out of Woodbridge, Virginia,” replied an Amendment 71 opponent.

Hey, that’s my group!

“Amendment 71 might be a Trojan Horse funded by outside interests,” Clark concluded, but it’s “illustrated by the Trojan Horse funded by outside interests.”

Cute … but … ?

Does Mr. Clark seriously think that (a) an organization dedicated to making the ballot initiative process accessible to all, with no other interest or business before state government, providing a vehicle and a trailer to carry a wooden horse across the state is equivalent to (b) a multi-​million-​dollar paid media barrage funded largely by oil and gas interests with lucrative interests before state government?

Citizens in Charge Foundation is honored to work with Coloradans to save their initiative rights by defeating 71.

Speaking of interests and who’s paying … 9NEWS has received the better part of a million dollars in ad revenue from the interests supporting Amendment 71.

Compared to a peek at a wooden horse from opponents.

Kyle Clark didn’t mention that.

This is Common Sense. I’m Paul Jacob.

 

P.S. Please help save Colorado by making a contribution right now.

 

*Coloradans who have actually qualified ballot initiatives say Amendment 71 would kill the process for all but the wealthiest special interests.


Trojan Horse Trails in Colorado


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Categories
Common Sense free trade & free markets general freedom initiative, referendum, and recall local leaders nannyism national politics & policies political challengers Regulating Protest too much government U.S. Constitution

Don’t Kill Colorado!

America has lots of problems. Colorado isn’t one of them.

Search the Internet and confirm that the Rocky Mountain State is the fourth best state “to make a living”; sixth best for homeowners; third on CNBC’s “Top States for Business”; and even holds a coveted first place in “arts engagement.”

What’s not to like?

I know Colorado, fondly, as the only state with a Taxpayer Bill of Rights (TABOR), a constitutional amendment requiring state legislators who want to hike spending or taxes to first ask citizens for approval. It was passed by voters in 1992, by citizens’ initiative.

Imagine that! Citizens in charge. In real life.

In Colorado.

Unsurprisingly, TABOR has long been No. 1 on Big Government’s hit list; for politicians, lobbyists, university presidents and political insiders, it’s the bane of their existence.

Along with the citizen initiative process, from which it came.

That’s why Colorado’s political establishment spent a million dollars to put Amendment 71 on next Tuesday’s ballot. They aim to kill both TABOR and the citizen initiative.

The amendment allows any partial or total repeal of TABOR — or other current parts of the state constitution — with a simple majority vote of 50-​percent-​plus-​one. But it demands that any new enactment of taxpayer protection (or other reform) leap over a 55 percent supermajority hurdle.

Fair?

It means that a court decision, which “reinterprets” any provision of the Taxpayer Bill of Rights, could only be corrected by citizens with a supermajority vote. And citizens would face an avalanche of big spending from big labor and big business. That’s not a bug, but a feature for the powerful forces behind 71.

Still, Amendment 71’s murderous intent goes deeper. The measure also destroys the ability of regular people and grassroots groups to petition constitutional amendments onto the ballot. Instead of one statewide petition drive, Amendment 71 adds 35 additional onerous petition requirements — in every single senate district in the state.

The next question is obvious: Did the political big-​shots behind Amendment 71, who blew a cool million dollars to gather their signatures, manage to meet their own mandate for future initiatives by qualifying in all 35 senate districts? Not even close.

While the lobbyists and politicians behind 71 have spent many additional millions claiming Colorado is the easiest state to amend the constitution, a real expert — Dane Waters, chairman of the Initiative & Referendum Institute — concludes just the opposite. His analysis indicates that Colorado’s process is actually “one of the most difficult in the country.” And should 71 pass, Colorado would have “the most strict distribution requirement anywhere in the world,” he said.

Waters fears that by blocking initiative constitutional amendments “on top of the fact that the legislature [in Colorado] has the authority to overturn any statutory initiative, [Amendment 71] will basically shut down the initiative process in Colorado.”

And that is how voters would be silenced and the investments powerful interests have made in the Centennial State’s legislature would be protected.

So there is no reason to be shocked when a bevy of special interests — most notably oil and gas interests, but also gambling interests and other major lobbies — raise and spend over $20 million dollars carpet-​bombing the state’s electorate with TV and radio ads, slick mailings, and robo calls to support Amendment 71. They’re trying to convince voters to restrict their own power and increase the legislature’s leverage, since those special interests feel much more “comfortable” with politicians making all the decisions.

And voters making exactly none.

The politicians and lobbyists behind 71 have pulled out all the stops. Big money dominates the airwaves; all four living former state governors are on board; and their TV spots even feature the beloved Hall of Fame Denver Broncos QB John Elway.

But in the end, the beautiful thing about a ballot initiative is that voters have the final say.

And that’s why grassroots groups from throughout the state and all across the left-right spectrum, from the state’s free-​market Independence Institute to progressive Common Cause, from pro-​TABOR taxpayer groups to more liberal anti-​fracking activists, from Colorado NARAL to Colorado Right to Life — those who care about citizens having a say in government — are standing up to the big money establishment barrage, joining the coalition to Stop71​.org.

Weeks ago, to kick off the campaign, Citizens in Charge Foundation provided the Vote No on 71 Committee a 10-​foot tall, carved, wooden Trojan Horse. The float has been wheeled across the state on a trailer, dramatizing that Amendment 71 is a Trojan Horse from big money interests, who pretend they’re protecting the constitution when they’re actually seeking to restrict citizen power. Providing this focal point has allowed dozens of Colorado citizens to speak out to fellow voters, garnering tons of media attention in the process.

The Trojan Horse continues to reach voters, but like stone soup, the Vote No on 71 campaign has grown in many diverse ways:

  • The head of Common Cause, Elena Nunez, and the head of the Independence Institute, Jon Caldara, have bridged ideological divide to reach out to editorial boards across the state, resulting in the Denver Post and most other major papers editorializing against 71.
  • The Colorado League of Responsible Voters raised several hundred thousand dollars and is running a TV spot countering the millions spent by proponents.
  • The Greenpeace blimp floats over the state, sending the Vote No on 71 message airborne.
  • The coalition has grown to more than 76 groups, each contacting its membership and urging folks to spread the word against 71.
  • A number of groups are advertising against 71 on Facebook.
  • A volunteer phone bank has been set up making thousands of calls to likely voters.

As this election winds down, we know we’re underdogs against the big-​shots and their big money. But we also know we cannot let them kill the initiative without a fight. And we know that if we can reach enough Colorado voters with our message against Amendment 71, we can defeat it.

Help us reach more Colorado voters. The best way you can help is to make a financial gift right now. Today. The hour is very late, some voters have already cast their ballots, more are voting every day up until Nov. 8.

Please don’t let them kill Colorado. Help now:

  • Your $50 giftcovers gas for the Trojan Horse to reach another town
  • Your $100 giftpays to put 1,000 flyers on voters’ doorknobs.
  • Your $500 gift – launches Facebook ads reaching 5,000 voters or more.
  • Your $1,000 giftpays for robo phone calls to 10,000 folks who haven’t voted yet, reminding them to vote NO on Amendment 71.

Please give what you can. And take action now.

Can’t afford to give? How about giving your time?

Join our volunteer phone bank and dedicate a few hours one night this week or over the weekend to call likely Colorado voters between 4 pm and 8 pm Mountain Time. You can sign up here for two or four hour shifts and we’ll walk you through how it works.

You do NOT have to live in Colorado to pick up the phone and educate Rocky Mountain State voters about Amendment 71.
Those pushing Amendment 71 claim they want to protect the state constitution from “too many” amendments. But where’s the problem? They won’t say what amendments they believe don’t belong in the constitution.

No, they aren’t seeking to protect Colorado’s constitution, but rather Colorado’s political establishment.

The good guys, Colorado citizens, have taken aim to shoot down Amendment 71. They’ll save the initiative and good government … if you’ll pass the ammunition.

This is Common Sense. Thanks for your serious consideration. I’m Paul Jacob.

 

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Accountability general freedom initiative, referendum, and recall national politics & policies

What Me Vote?

The people, without permission, The New York Times recently explained, in

  • Colombia, rejected a peace deal deemed too soft on the communist FARC guerrillas; in
  • Britain, decided to leave the European Union; in
  • Thailand, ratified a new constitution; and in
  • Hungary, rejected the European Union refugee resettlement plan.

I’ve not perused the Colombian accord. I’m actually not permitted to vote there — though I once stayed at a Holiday Inn Express in Bogotá. In lieu of moi, who better to decide than the Colombian people?

Brexit, too, was a decision for the inhabitants of the United Kingdom, not me.

Thailand is under military rule. Passage of the referendum was promoted as a pre-​condition for moving toward democracy; campaigning against the constitution was outlawed. When a gun is held to your head, there is no democracy.

An unbelievable 92 percent of Hungarians rejected the EU plan to set migration policies for Hungary. But turnout below 50 percent invalidated the result.

“Though such votes are portrayed as popular governance in its purest form, studies have found that they often subvert democracy rather than serve it,” claims the Times report, “Why Referendums Aren’t as Democratic as They Seem.”

Without offering any studies.

The problems with these four ballot questions, to the degree there were any, weren’t caused by democracy, but a lack thereof.

Nonetheless, asensible academics pontificated that people are too stupid to be permitted to vote. A London School of Economics professor said referendums are “risky.” They “range from pointless to dangerous” claimed an Irish political scientist. A hyperbolic Harvard professor posited that referendums are “Russian roulette for republics.”

But which is worse: clueless academics, tyrannical pols, or … democracy?

This is Common Sense. I’m Paul Jacob.


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initiative, referendum, democracy, voting, legislature, illustration