Tag: recall

Categories
initiative, referendum, and recall repeal

Voters, Govern Thy Governor

Governor Gretchen Whitmer, Covid, emergency powers, Unlock Michigan

Is the epidemic of gubernatorial abuse of power ending in Michigan?

During the last year and a half, Michigan Governor Gretchen Whitmer has been widely criticized for prescribing and proscribing all manner of conduct in the name of combatting the COVID-19 pandemic.

Whitmer claimed that her authority to do so was justified by the Emergency Powers of Governor Act of 1945. On this basis, she promulgated many silly and counterproductive edicts.

These ranged from commandments to stay at home except for certain urgent forms of sallying forth (a lockdown also mandated in other states) to banning the sale of gardening equipment. Among other injunctions, Executive Order 2020-42 prohibited advertising of sundry “unnecessary” goods and ordered stores to shutter sections selling carpets, paint, furniture, and gardening materials.

In October of 2020, the Michigan Supreme Court ruled that the 1945 Act unconstitutionally delegated legislative authority. Now voters have weighed in with a citizen initiative. The group Unlock Michigan collected enough valid signatures— “more than 500,000 signatures in just 80 days” — to send a measure repealing the Emergency Powers of Governor Act to the legislature.

Had lawmakers failed to approve the petition, its fate would have been decided by voters at the ballot box. But last week, in a 68 to 40 vote, the Michigan House joined the Senate to certify it — saving a lot of time and money.

In Michigan, a law presented to the legislature thanks to a citizen initiative and then enacted cannot be vetoed by the governor. So that’s it. Governor Whitmer’s access to this autocracy-enabling law is gone. 

This is Common Sense. I’m Paul Jacob.

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Categories
initiative, referendum, and recall

Pols Don’t Like Recalls

California State Senator Josh Newman has, for now, withdrawn a bill to let elected officials facing a recall see the names of petition signers so that they may be asked if they really mean it.

The Democrat complains that critics call his bill “an attack on not just the recall but on them and their constitutional rights. It wasn’t a good context to have a conversation.” 

So unfair!

The willingness of defenders of petition rights to speak up does sound pretty inconvenient for foes of this popular democratic check on power.

Perhaps we’re supposed to believe that under Newman’s legislation, the interviews would go like this: “Did you mean to sign the petition to recall me?” “I did.” “Just checking. Bye.”

Obviously, the targeted official’s opportunity and authority to quiz petition signers would enable his team to intimidate existing and prospective signers. The aim? Try to prevent a question with enough valid signatures from reaching the ballot.

Years ago, in other states, opposition campaigns sent retired FBI agents to knock on doors. Legal, but very intimidating. Which is why California does not make the names public.

The legislation would not have applied to the current petition drive to recall California Governor Gavin Newsom, an effort going splendidly with more than 1.5 million signers. But Newman’s bill was clearly motivated by the success of this campaign. 

Or perhaps it’s residual animosity toward the recall process . . . from Sen. Newman himself, having been recalled by voters in 2018. (He came back to win election once again in 2020.)

Of course, signing a petition in itself says “I want this question on the ballot.” If a petition signer changes his mind, there is a process to retract it. No bullying follow-up needed.

This is Common Sense. I’m Paul Jacob.

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Photo by Gage Skidmore

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Accountability First Amendment rights incumbents local leaders Regulating Protest U.S. Constitution

Homer’s Recall Odyssey

recall, election, voting, first amendment, free speech, ACLU, politicians,

Freedom of speech isn’t a free pass to avoid the consequences of what one says. Or does. Tell that to three members of the Homer, Alaska, city council — Donna Aderhold, David Lewis and Catriona Reynolds — who are the subject of a recall petition.

Well, a superior court judge just did.

Represented by the ACLU, the trio sued to block a recall petition with more than enough voter signatures. Their lawsuit challenged the city attorney’s acceptance of the legal rationale for the recall, claiming the recall attempt punishes the politicians for their speech.

“To conclude that anytime a recall petition is based in part or in whole on what a politician said is protected by the First Amendment,” Superior Court Judge Erin Marston ruled, “would be to eviscerate the recall statute to such an extent that the populace would almost never be able to seek recall of any of their elected officials.”

Now the recall moves forward.

In most of this Land of the Free, citizens lack the ability to recall their elected officials. In places that do have the process, it is rarely used. When it is used, it is often portrayed as voters throwing a temper tantrum.

Or an unfair election do-over.

Or mean-spirited ‘vendetta politics.’

Not so. The petition requirements make recalls very difficult. Recalls don’t happen without some serious problems with the current officeholder(s). And once a recall is triggered, there follows a democratic vote to decide whether citizens want to keep the sitting hireling or find someone new.

Seems pretty reasonable.

When politicians are recalled and removed, they deserve it.*

This is Common Sense. I’m Paul Jacob.

 

* The problem seems never to be that good politicians are being recalled, but that too many politicians who should be recalled are not. Back in 2003, the governor of California was recalled. He deserved it. In 2011, a whopping 88 percent of Miami-Dade County voted to recall Mayor Carlos Alvarez. He earned it, too.

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Categories
Accountability initiative, referendum, and recall nannyism national politics & policies responsibility too much government

Governments Against the People

deathgrip, death grip, democracy, bureaucracy, change, politics, illustration

Is it odd to see government employees and politicians — public servants — hold onto particular laws with a death grip?

Maybe not. In Texas, municipal government employees have been working mightily to prevent citizens from repealing local ordinances. According to a report by WOAI News Radio, the Texas “State Senate Intergovernmental Relations Committee on Monday heard horror story after horror story from citizen groups which have tried to circulate petitions calling for repeal of local ordinances.”

It’s not shocking, I suppose, since those laws may give politicians and bureaucrats more power. And perhaps there’s pride of authorship.

But, despite any merit (or demerit) these laws may possess, public servants are still public servants, which means: serve the public.

Which means: uphold democratic processes.

Government is all about processes, really. This shouldn’t be too hard.

Which is why there’s no excuse for what has been going on:

  • “municipal governments . . . employ ‘tricks’ and intimidation in an attempt to halt citizen petition drives”;
  • they cite “bogus city ‘statutes’ which invalidate signatures”; and
  • “will claim that more signatures are required than the citizens group has managed to collect.”

Basically, these government bodies are setting unreasonably high and arbitrary hurdles for petitions to get on the ballot — such as requiring “birth dates and Social Security numbers” of signers.

That often does the trick. One would have to be very careless to put one’s Social Security number onto a public document — one that anyone could see. And photograph.

For later nefarious use.

The fact that these government tactics are all illegal justifies the Senate committee probe into the malfeasance — and demands action.

This is Common Sense. I’m Paul Jacob.

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deathgrip, death grip, democracy, bureaucracy, change, politics, illustration

 

Categories
initiative, referendum, and recall links Second Amendment rights

Townhall: Plumber Wrench into the Gears of Gun Control

The First and Second Amendment are very good friends. It shouldn’t surprise anyone that they’re close, one always protecting the other, as we witnessed again last week in Colorado. 

For more on the big Rocky Mountain State recall vote, click on over to Townhall.com. And then come back here for a few more links.

Categories
initiative, referendum, and recall Second Amendment rights

A Voter Revolt

The signatures are in: 16,199 of them — twice as many as needed to initiate the first recall election of a state lawmaker in Colorado history.

The target of voter ire? Senate President John Morse. He ticked off his El Paso County constituents by spearheading the recent triple whammy of gun control legislation that neatly bypassed Colorado voters earlier this year.

You may remember the controversy. The three bills in question, signed by the governor as emergency legislation so that no voter referendum was possible, elicited widespread negative reactions in the state, including nearly every county sheriff in Colorado publicly opposing the bills.

So, why did the sheriffs oppose the legislation, while Democrats in the legislature passed the bills?

Like state legislators, sheriffs are elected. But, unlike legislators, sheriffs deal with self-defending citizens qua citizens, as well as criminals and victims, on a regular basis. Such experience brings a different perspective, and makes sheriffs more skeptical of blunt legislative solutions.

Traditionally, Democrats — despite the fondness demonstrated by their party constituencies for increased government control over private weapons — tend to treat the issue of “gun control” with some modicum of care. At least, those in the mid-west and western states tend to.

But Senator Morse did not.

Morse won the senate seat back in 2010 by fewer than 350 votes, with a Libertarian Party candidate racking up 1,320 votes — almost 5 percent. Libertarians are strongly pro-Second Amendment. Yet, Morse treated his narrow victory as a call for sweeping change. A mandate!

He may reap the “reward” for such “courage.”

This is Common Sense. I’m Paul Jacob.