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initiative, referendum, and recall insider corruption term limits

Corruption, Arkansas-​Style

On Friday, the Arkansas Supreme Court struck Issue 3, a citizen-​initiated measure to restore legislative term limits, from Arkansas’ November ballot. The Court declared, 4 – 3, that there weren’t enough “valid” signatures.

This, despite opponents never disputing that more than enough Arkansas voters had signed the petition.

In recent years, legislators have enacted a slew of convoluted laws, purposely designed to wreck the initiative and referendum process.* The regulations give insiders and partisans a myriad of hyper-​technical “gotchas” that can be used to disqualify whole sheets of bonafide voter signatures.

“The legislature,” explained former Governor Mike Huckabee recently, “sucker-​punched the people of Arkansas and expanded their terms. They did it, I think, very dishonestly — by calling it an ethics bill … that had nothing to do with ethics. It was all about giving themselves longer terms.”

Since getting away with that 2014 ballot con job, giving themselves a whopping 16 years in office, seven Arkansas state legislators have been indicted or convicted of corruption. The author of that tricky ballot measure, former Sen. Jon Woods, just began serving an 18-​year federal prison sentence for corruption.

Other corruption, that is.

“It’s one reason I think term limits are a very important part of our political system today,” said Huckabee. It is, he argued, “easier to get involved in things that are corrupt the longer you stay.”

Now, sadly, after 2014’s fraudulent ballot measure and two 4 – 3 state supreme court decisions neutering the entire ballot initiative process, political corruption can continue unabated in the Natural State. 

This is Common Sense. I’m Paul Jacob.

 


* The state supreme court has ignored the clear language in the state constitution regarding such petitions: “No legislation shall be enacted to restrict, hamper or impair the exercise of the rights herein reserved to the people.”

N.B. For relevant links, check yesterday’s splash page for this weekend’s Townhall column.

PDF for printing

 

Categories
term limits

Yet Another Term Limits Scam

It’s like a matryoshka, the Russian wooden doll hiding another doll hiding another until you finally reach a black hole in the “inside.” That’s what the politicians’ referendum, Issue 3 — to more than double Arkansas’s legislative term limits — turned out to be: nearly endless nested scams.

Among other layers of the Issue 3 con game that not enough Arkansans stripped off before voting day, the measure narrowly passed last November pretended to be “setting” term limits as if anew. So maximum tenure in a particular legislative seat has now been stretched from eight to 16 years in Arkansas’s senate, six to 16 in its house.

In short, the worst has happened.

Wait. The worst?

Not exactly. It’s dolls within dolls: each one smaller, but each more of a “doozy” than the previous.

Now Arkansas incumbents and special interests want the amendment to be understood as something more than massively expanded tenure. They also want to re-​start the term-​limits clock. If they get their way, the 16 years a lawmaker may serve would start with the passage of Issue 3 just months ago, rather than the 1992 amendment.

State Senator Jon Woods (who helped craft the measure) asked Arkansas’s attorney general to “clarify” the matter.

Did this notion just occur to Woods, or was it part of his original scam, er, strategy?

The Northwest Arkansas Times called Woods’s rationalization for super-​sizing already elongated term limits “hogwash.”

Arkansas Attorney General Dustin McDaniel agrees. His just issued opinion lacks the word “hogwash,” but denies previous-​serving politicians 16 additional matryoshkas — er, years.

This is Common Sense. I’m Paul Jacob.

Categories
term limits

The Next Election

Elections are wonderful, even when the results are awfully hard to take. Last night in Arkansas, Issue 3 passed very narrowly — in a sea of voter confusion.

That confusion had been instilled by disinformation in the ballot wording.

The win for Issue 3 means the term limits on state legislators will now be dramatically weakened from six to 16 years in the state’s House and from eight to 16 years in the Senate.

Plus, a new commission appointed by legislators is now poised to give legislators a big, fat pay raise.

The politicians who schemed up Issue 3 are slippery smart. Give them that. They slipped a doubling of their allowed terms in office as well as a scam to hike their pay into a constitutional amendment featuring a popular partial ban on lobbyist gift-​giving to legislators. Oh, and the measure will also add an extra year’s delay before a legislator can switch-​hit to work as a lobbyist.

Still, the respected Talk Business/​Hendrix College poll repeatedly demonstrated that telling voters what the measure actually did — the popular gift ban as well as the unpopular weakening of term limits — led voters to overwhelmingly come down against the ballot measure, weeks ago by 62 to 23 percent.

But on the ballot, while voters were told about the measure “barring gifts from lobbyists,” they were not told about the doubling of the term limit. Instead, the ballot language deceptively said the measure was “setting term limits.”

A strong grassroots campaign crisscrossed the state trying to alert folks, but confusion reigned. On Facebook, countless early voters were angry to find they’d been duped:

“I was fooled, we ought to petition to revote on that issue with wording that is straightforward and not so obfuscated.”

“I, too, was misled into voting for it. The ballot printed version is an out right lie!”

“It was set up to be tricky … I caught it, but there are a lot who won’t!”

“Dang! It is a trick question! I voted wrong!!!!”

One friend of mine, no fan of term limits, offered, “For all of our other differences, I’m with you on this. It’s a bait-​and-​switch designed to snooker the electorate.”

An Arkansas Term Limits leader noted that the Yes on Issue 3 campaign “pursued a campaign of silence, letting the deceptive ballot title do their work.”

Sen. Woods (R‑Springdale), who co-​authored the measure with a House Democrat, slyly told reporters, “I would advise anyone going to the ballots to read Issue Three and tell me it is not a good bill.”

“For this to fail,” he added, “it would send a bad message to law makers. Because, it would just show people aren’t necessarily that big on us working together.”

Woods even dubbed Issue 3, “bipartisanship at its best.”

The senator and the forces of boss rule are about to meet a bipartisan grassroots at its best.

“If this passes, it’s because many voters were tricked,” explained Kay Carico Wilson days ago. “Lots of people are saying they did not understand it and voted the wrong way. The interesting thing is that many Conservatives and Liberals are equally upset over this. We have found some common ground.”

It’s not nice to fool Mother Nature; it’s not wise to trick the voters. To these deceivers, the politicians who cheated the people of Arkansas: There will be another election.

See you there.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall insider corruption term limits

Burkina Faso and Arkansas

Maybe Burkina Faso, in northwest Africa between Mali and Niger, isn’t the easiest “Jeopardy” question for most of us in the U.S. But any place that’s seen massive protests because the head of state tried to escape term limits becomes pretty memorable to me.

In fact, the first region that pops into my head as a point of comparison and contrast is my own home state of Arkansas.

There are big differences in the respective battles over term limits, of course. In Burkina Faso, thousands clogged the streets after the 27-​year presidential incumbent, Blaise Compaore, schemed to evade a constitutional term limit on his office. Facing unrelenting pressure, Compaore soon stepped down, not even awaiting the next election.

The furtive attempt to water down state legislative term limits in Arkansas hasn’t gotten as high on the radar there as the machinations in Burkina Faso. But the folks at Arkansas Term Limits (“vote AGAINST Issue #3”) have done much to publicize the scam, taking a wooden Trojan horse from town to town to vivify the point that the politicians bearing the “gift” of suspiciously eager self-​reform have hidden a bomb at the bottom of the package: a doubling (or more) of their maximum permitted stay in a single legislative seat.

The media has started to pay attention. The story has gotten out.

Has it been enough? Have enough voters been reached to fend off the assault? When Tuesday’s results come in, we’ll know.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall media and media people term limits

Corrupt Craft

Some political opponents win your respect, even if not your agreement. Others … well, not so much.

Earlier this week, a publication called Arkansas Business editorialized against Issue 3 on the Natural State’s November ballot, calling it “a freakish hybrid, a gambit to trick voters into expanding term limits for state legislators.”

This constitutional amendment was proposed with overwhelming support from state legislators, who designed it to hoodwink voters into gutting their term limits. The measure hides that consequential change — from six years in the House to 16 years and from eight years in the Senate to 16 years — inside a so-​called “ethics” amendment.

The ballot wording only tells voters that the measure is “setting” term limits, which Arkansas Business correctly points out “conveys something close to the opposite of what the amendment would do,” adding “it’s certainly misleading.”

Now, Arkansas Business is no fan of term limits. The editorial concludes, “Arguments can be made for each of these proposals [in Issue 3], including longer term limits.… But we can’t endorse the current form, as much as we’d like to.”

Arkansas Business seems clearly offended by the deception. How endearingly unsophisticated!

Meanwhile, more elite opinion applauds the brilliance of the scheme, the amazing skill of these politicians applying their sneaky technique.

“Arkansas voters soundly rejected term-​limit changes in 2004,” reports Governing magazine, paraphrasing University of Arkansas Professor Janine Parry, “but this time proponents craftily inserted their language into a broad package that, among other things, prohibits corporate contributions to candidates and lobbyist gifts to elected officials.”

“Craftily”?

What on earth is their craft? Fraud?

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall term limits

Legislators, Tramps and Thieves

In the closing days of Arkansas’s 2013 legislative session, solons of the Natural State surreptitiously voted to put a measure on the state ballot, without fanfare or ballyhoo.

Five months later, the Arkansas Democrat-​Gazette finally noticed what happened, and published an editorial, “Outrage of the Year.’ It has just been reprinted. The outrage hasn’t changed. The measure would extend time in office “for state representatives from 6 to 16 years and for state senators from 8 to 16 years.”

But what an Arkansan will read on the ballot seems a tad different: “An Amendment Regulating Contributions to Candidates for State or Local Office, Barring Gifts From Lobbyists to Certain State Officials, Providing for Setting Salaries of Certain State Officials, and Setting Term Limits for Members of the General Assembly.”

“Setting” term limits? No sir. Term limits, already set by voters, would be drastically weakened.

But the good people of Arkansas are beginning to hear the good news, the truth, thanks to the campaign being waged by Arkansas Term Limits against what will be “Issue 3” on the ballot.

The group is led by Bob Porto and my brother, Tim Jacob, who are traveling the state speaking to audiences. Not surprisingly, the people are shocked and angered upon hearing the manifest fraud their representatives are perpetrating.

At a recent talk, Jacob called it “an attempt to deceive the voters,” noting “they have done it on purpose.”

Yet another argument for strict term limits … and fully informed voters.

This is Common Sense. I’m Paul Jacob.