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initiative, referendum, and recall

Advice & Conceit

The core idea behind the institutions of representative government — state legislatures, city councils, Congress — is that lawmakers, sometimes called “representatives,” endeavor to implement “the will of the people.”

To do so … necessarily entails knowing the public’s preferences.

Hmmm. How to find out what people want? Or don’t?

A ballot initiative sponsored by Tim Eyman and Voters Want More Choices offered one method, mandating advisory votes for Washington State’s electorate to approve or disapprove the last 19 tax increases passed by legislators.

These advisory tax questions sometimes garnered more votes than races for superintendent of public instruction and the state supreme court. Results? Mixed. Seven times voters favored the legislators’ tax hikes, while opposing the other 12. 

Either way, good info for legislators to know, no? 

No … apparently. Conceited Washington state politicians don’t want to know what voters think. The core idea behind Senate Bill 5224 is stopping voters from officially expressing their will on taxes by getting rid of these pesky advisory votes.

In testimony last week, Tim Eyman reminded legislators that voters have four times mandated advisory votes on tax increases (2007, 2010, 2012, 2015); have six times voted to require a two-​thirds legislative majority to raise taxes, only to have those measures overturned in court; and that legislators have prevented citizens from using the state’s referendum process by attaching phony emergency clauses to tax hikes.

“Give the peasants a couple of crumbs,” Eyman beseeched, “and let them at least express an opinion at the ballot box.”

This is Common Sense. I’m Paul Jacob. 


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initiative, referendum, and recall local leaders term limits

The Seinfeld Referendum

There is an unmistakable connection between Washington State initiative guru Tim Eyman and New York City comedian Jerry Seinfeld.

Mr. Seinfeld gave viewers what they wanted for nine seasons as the star of the self-​named 1990s hit television sitcom, Seinfeld. It was slyly defined as “a show about nothing.”

Meanwhile, Mr. Eyman has been giving voters what they want (psst: more choices) for even longer — initiating ten successful ballot measures in the last two decades. And, believe-​it-​or-​not, Eyman’s latest ballot measure is also “about nothing.”

The Washington State Citizens’ Commission on Salaries for Elected Officials “is recommending raises over the next two years totaling 17.6 percent for legislators, 17.8 percent for judges, 6.6 percent for Gov. Jay Inslee, 13 percent for Lt. Gov. Cyrus Habib as well as increases for others,” the Statesman-​Examiner (Colville, Washington) reports.

This is one of those faux citizens’ commissions. “It’s totally rigged,” Eyman tells supporters, adding that “one of [the commissioners] is actually the husband of a state supreme court justice!”

Eyman reminds his fellow citizens of the Evergreen State that, regardless of the size of any proposed pay hike, they possess “the absolute right” to a referendum vote on the matter.

“Politicians say they are just scraping by. I think they can make it,” mocks Eyman to reporters. “[Governor] Jay Inslee will have to scrape by with $354,000 over the next two years.”

Along with Spokane resident Jack Fagan and Spokane City Councilman Mike Fagan, Eyman prefiled a referendum to reverse these pay raises. It’s called the “Give Them Nothing!” Referendum.

Has a nice ring to it, no?

This is Common Sense. I’m Paul Jacob.

 


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

Know Your BS

“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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Categories
Accountability Common Sense initiative, referendum, and recall tax policy

Evergreen Eyman

“Initiative 1366 is blackmail,” one plaintiff charged.

No; it’s just political hardball.

Washington State voters have cast their ballots five times (by initiative measure) to require a two-​thirds vote of both houses of the state legislature, or a vote of the people, to increase taxes.

Though the rule is neither hard to understand nor difficult to implement, legislators have repeatedly overruled the people they supposedly serve, overturning the measure and then, finally, suing to overturn the repeatedly re-​enacted two-​thirds requirement.

The Washington Supreme Court ruled that only through a constitutional amendment could citizens place upon their representatives the two-​thirds mandate. And — you guessed it — the state’s initiative process doesn’t permit constitutional amendments, only statutes.

As I reported back in June, Tim Eyman and Voters Want More Choices haven’t skipped a beat. Their grassroots army collected over 335,000 voter signatures to place a new initiative on the ballot. This measure would cut a penny from the state sales tax unless legislators propose an amendment to the state constitution establishing the rule that taxes can only be raised via a two-​thirds legislative vote or a popular vote.

The day after the signatures were verified and the measure placed on the ballot, a group of legislators and various special interests sued to block the measure from going to a vote. Last Friday, the court declared that Initiative 1366 would remain on the ballot for voters to decide.

So, whether “blackmail” or ingenious hardball, it looks like voters will have a chance to send a very direct message to their representatives: Do what the people want or else.

This is Common Sense. I’m Paul Jacob.


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