Tag: voting

Categories
ballot access initiative, referendum, and recall Voting

Worms for Early Bird Voting?

ballot box, voting, democracy, money, pandemic

Election Day is six weeks away. Yet, in my home state of Virginia, voting began last week.

Is it responsible to cast a ballot so early? 

You may know with metaphysical certainty how you’re voting for president — even in the event of some major cataclysm — but have all the state rep and city council and ballot measure campaigns also played out fully enough for you?

Here in Virginia, we get few candidate races in our split-​up state and federal elections, much less ballot issues to decide. I could have made all my (very few) choices months ago. But I trust that in a more competitive and healthy representative democracy we would more want to hear out the candidates.

A lot can happen in six weeks. And you cannot change your vote once it’s cast.*

The new Democratic-​controlled Legislature — in reaction to the pandemic, to prevent crowding at the polls — expanded the early voting period this year. It started September 18 and ends October 31.** 

There are costs to expanding early voting — including making campaigns more expensive to run and win. Disabled from marshaling advertising into a two-​or-​three-​week period before the vote, campaigns are forced to sustain publicity for a month. Or longer. 

While better-​funded incumbents have little difficulty with the added cost, it cripples challengers. It especially handicaps grassroots ballot initiative proponents battling public employee unions or the Chamber of Commerce. 

Make the voting process comfortable and easy for citizens. But let’s be certain not to make it comfortable and easy for incumbents and special interests.

This is Common Sense. I’m Paul Jacob.

* In Sweden, you can change your early vote, informs my friend Bruno Kaufmann, a journalist and direct democracy advocate. They call it “second voting.” 

** Though several other states routinely allow more than six weeks of early voting.

PDF for printing

See all recent commentary
(simplified and organized)
See recent popular posts

Categories
ballot access U.S. Constitution

Pandemic Petitioning?

closed, electronic signature, voting, elections, petitions, citizen,

“Our political system, our way of life, our Constitution cannot be let go,” the Libertarian Party’s Nicholas Sarwark argued on MSNBC’s Morning Joe, “just because there is a terrible illness spreading through the country.”

His concern? Libertarians — and Greens and other parties or independent candidates — must still gather hundreds of thousands of voter signatures to put their candidates on state ballots this November. 

And so, too, must citizen-​initiated ballot measures.

But who wants to petition into a deadly pandemic? Supposing you carefully made a grocery run, would you stop to chat with petitioners and grab their pen to sign? 

“That would be a public health nightmare,” explained Sarwark, “to force petitioners to go out with clipboards and gather signatures.” 

Libertarians are asking governors “to suspend these requirements that would endanger the public.” 

Cogent points, but I’m not so sure governors have lawful power to order candidates or initiatives onto the ballot. 

Much less the inclination.

Legislatures could act … but why help competing candidates gain access to the ballot? 

And as for green-​lighting issues that haven’t gone through their sausage-maker? 

Puh-​leeze.

Back in 2010, the Utah Supreme Court ruled that electronic signatures were legally valid. Rather than facilitate that process, the state legislature quickly banned it. 

But it is the obvious solution: allow voters to sign petitions online for candidates or ballot initiatives.* 

“The law has long recognized electronic signatures as legally effective where hand-​signed signatures are required,” contends Barry Statford in a law review article. “As early as 1869, the New Hampshire Supreme Court acknowledged the validity of a contract accepted by telegraph.”

The courts should mandate state acceptance of electronic signatures. 

Let’s sue.

This is Common Sense. I’m Paul Jacob.

* Voters in Boulder, Colorado, passed an initiative allowing electronic signatures in 2018. 

PDF for printing

closed, electronic signature, voting, elections, petitions, citizen,

See all recent commentary
(simplified and organized)
See recent popular posts

Categories
initiative, referendum, and recall tax policy

My Favorite Control Group

Tim Eyman

Tim Eyman strikes again. 

In deep blue Washington State, the ballot measure activist celebrated another Election Day victory last week with Initiative 976, limiting vehicle taxes. Not to mention Referendum 88, whereby voters kept a ban on government use of racial preferences, enacted via an initiative Eyman had co-​authored two decades ago.

And still, there were a dozen more issues on last Tuesday’s statewide ballot thanks to Mr. Eyman’s 2007 initiative, I‑960, which mandates “advisory votes on taxes enacted without voter approval.” (Also thanks to state legislators, I guess, for racking up 12 new tax increases this year without bothering to ask voters!)

Yet, perhaps it matters not at all. Nearly two million votes cast on each of these measures? Three supported by a majority? Nine rejected? Two esteemed Evergreen State newspaper columnists pooh-​pooh them as “meaningless.”

“The Legislature has never taken the voters’ advice when they say a tax should be repealed,” writes Spokane Spokesman Review columnist Jim Camden. 

That’s a failing of the Legislature, Jim,* not these advisory measures … which you seem to acknowledge when you write that these votes at least “provide a good control group for any experiment on the voters’ knee jerk reaction to higher taxes.”

If legislators cared to know. 

While dumping on the dozen measures as “an empty remnant of an earlier initiative,” The Columbian’s Greg Jayne notices that “their presence on the ballot this year reminded voters, over and over again, of the Legislature’s spendthrift ways.”

Helping create an anti-​tax mood that spurred support for I‑976.

Not bad for being meaningless.

This is Common Sense. I’m Paul Jacob.

* I use his first name because I know Mr. Camden from decades ago when he was a reporter covering House Speaker Tom Foley, who after suing to overturn the 1992 citizen initiative for term limits became the only Speaker defeated for reelection since the Civil War. 

PDF for printing

Tim Eyman

See all recent commentary
(simplified and organized)
See recent popular posts

Categories
ideological culture partisanship

The False Binary

cards, playing cards, pick a card, politics,

Characterizing herself as a “moderate with a brain,” Bridget Phetasy writes that things have gotten so bad that now “every vote is considered a statement on your personal identity and worth.” Her article in Spectator USA, “The battle cry of the politically homeless,” paints a bleak picture.

“Your value, who you are, what kind of world you want, whether or not you’re a good person or an evil person … it all boils down to which lever you pull. Damn your reasons. Vote for the ‘right’ person, or else you are a fascist, or a racist, or a globalist, or a communist.”

Ms. Phetasy expresses fatigue at “being afraid to voice my own opinions, of knowing how saying the wrong thing at a barbecue while someone is filming on their iPhone could result in a nationwide clarion call for my head on a pike.”

I, however, feel not one whit of a compulsion to cave to what Phetasy says is the “totalitarian-​like” demand of the two parties for “devotion to their ideology.”

How did I become so blessed?

I know that Trumpians have almost no way to rationally defend their major positions — protectionism being the tippy-​top of an Everest of an iceberg. Meanwhile, the far left is worse, flushing the old wine of socialism through the new-​but-​leaky bottles of racist (“anti-​racist”) resentment.

Can we really fear such intellectual paper tigers?

There is a way out: Ranked choice voting. Witless partisanship rests on the A/​not‑A (=B/​not‑B) duality rut of the two-​party system, into which I have never purchased admission. None of us are required to — and won’t be tempted to once our absurd electoral system is swapped for one not programmed to create false binaries.

This is Common Sense. I’m Paul Jacob.

PDF for printing

cards, playing cards, pick a card, politics,

Photo by Aaron Jacobs on flickr

See all recent commentary
(simplified and organized)
See recent popular posts


Categories
initiative, referendum, and recall

Democratic Dreams

US, United States, national referendum, initiative, voting, democracy, elections,

On Wednesday, I said we should, to borrow the vernacular, “have a conversation” about a national referendum.

Billionaire investor, environmentalist, and Democratic presidential candidate Tom Steyer proposed the idea, which I’ve loved conceptually since my friend, former Alaska Sen. Mike Gravel (also a Democratic presidential candidate), first advocated it decades ago.

But that ol’ devil — he’s in the details. (Decidedly not the latest lingo.) What might a national initiative and/​or referendum process look like?

Given that it would require a constitutional amendment — meaning ratification by 38 of the 50 states — the process must win broad support to be enacted.

Here’s what I propose: Allow any statutory initiative measure to be petitioned onto a federal General Election ballot with signatures equaling 6 or 8 percent of the country’s population* and as verified by election officials in each state. Require a concurrent majority, whereby for a measure to pass it must garner not only a majority of the vote nationally, but also a majority vote in at least 20 states — or even in a majority of the states.

An initiative proposing a national constitutional amendment should do more. Require, say, a petition signature threshold of 10 or 15 percent and not merely a majority of the vote nationally to pass, but mirroring the current amendment process, mandate a majority in each of at least 38 states.

If U.S. Term Limits is successful in getting 34 states to call a convention to propose an amendment for congressional term limits, a national referendum process could follow in those footsteps. 

Talk about two ideas that will pop blood vessels in the heads of professional politicians and their special interest cronies!

Dare to dream.

This is Common Sense. I’m Paul Jacob.

 * This should simply follow the figures of the most recent census, of course.

PDF for printing

US, United States, national referendum, initiative, voting, democracy, elections,

See all recent commentary
(simplified and organized)
See recent popular posts

Categories
ballot access initiative, referendum, and recall

Holding All the Trumps

Idaho, initiative, ballot, Senate Bill 1159, democracy, voting,

Last week, Idaho’s Senate Bill 1159 — “the bill to make it much harder to qualify a voter initiative or referendum for the Idaho ballot,” as the Idaho Press summarized it — passed the Senate on the narrowest 18 – 17 vote.

Now headed to the House, the legislation would 

  • nearly double the number of voter-​signed petitions to place an initiative onto the ballot
  • reduce the time to gather those signatures by a whopping two-thirds 
  • throw up numerous additional hurdles

What’s the point?

The state already has one of the most arduous petition processes in the nation for qualifying a citizen initiative for the ballot. Moreover, without passing any new law, Idaho legislators currently have and have always had a 100 percent veto on any citizen-​initiated measure enacted by voters. 

Idahoans cannot place constitutional amendments on the ballot through their citizen initiative, only statutes. And any statute voters pass can then immediately be repealed by a simple majority of legislators. Or amended any which way those solons so desire.

So, again, why the need for politicians to pull up the ladders? 

Senate Republicans claim — in a news release headlined, “Setting the record straight on initiative bill” — to be “concerned about the integrity, transparency and fairness of the initiative process.”

What does heightening all the hurdles to trip up citizens have to do with integrity, transparency or fairness?*

Voting on an issue is “unfair” to whom … legislators?

Holding all the trump cards, Idaho senators still didn’t want the people to have a say. The politicians are scared to death of democracy. 

Which is why we need more, not less. 

Certainly not none.

This is Common Sense. I’m Paul Jacob.

* I do acknowledge that the bill is transparently awful.

PDF for printing

Idaho, initiative, ballot, Senate Bill 1159, democracy, voting,

See all recent commentary
(simplified and organized)
See recent popular posts


Categories
incumbents political challengers

Winning Reform

Ranked Choice Voting, Maine, example, sample

Bruce Poliquin, Maine’s incumbent second-​district U.S. Representative, knows what to blame for his loss this last election: the preferences of Maine voters.

Well, he blames Ranked Choice Voting (RCV) … in which voters rank the candidates by preference, and whose votes are counted so to better tally second- and even third-​favored options.*

The Republican Representative enjoyed a slight lead on election night, but fell short of a majority. When two independent candidates were eliminated, their second-​choice votes put Democrat challenger Jared Golden over the 50-​percent mark.

Maine Republicans are upset. It turns out that losing isn’t as much fun as winning.

Shocking, I know.

So Poliquin sued, arguing that RCV is unconstitutional. He asked a federal judge to stop the ballot tabulation.

Judge Lance Walker, a Trump appointee, was “not persuaded.” He additionally noted that “the citizens of Maine have rejected the policy arguments plaintiffs advance against RCV.”

Twice.

In 2016, Mainers passed RCV by ballot initiative and then, in a 2017 referendum, vetoed the legislature’s arrogant repeal of the voter-​enacted reform.

“While Mr. Poliquin publicly works through the five stages of grief over his election loss,” remarked RCV advocate Kyle Bailey, “the real story is that the implementation of Maine’s Ranked Choice Voting law was smooth, transparent, and in accordance with the will of the Maine voters,”

Meanwhile, Chuck Slocum, past chair of the Republican Party of Minnesota, urges fellow Republicans to “consider” this non-​partisan reform.

Yes, a process that better counts voter preferences ought to help your political party.

This is Common Sense. I’m Paul Jacob.

 

* In cases where no candidate gains a majority of first-​choice votes, the last place candidate is eliminated and his or her votes re-​allocated to those voters’ second choice, and this process continues until a candidate reaches a majority.

PDF for printing

 

» See popular posts from Common Sense with Paul Jacob HERE.

 

Categories
general freedom initiative, referendum, and recall political challengers Popular

Spoiler Season

libertarian, spoiler, porcupine, snake, politics

“Libertarians poll high enough to tip key races,” informs The Washington Times — citing contests for governorships and both houses of Congress.*

Libertarian Lucy Brenton is one example, running for U.S. Senate in Indiana. She grabbed 7 percent in a recent poll, greater than the margin between incumbent Democratic Sen. Joe Donnelly, who had 44 percent, and Republican challenger Mike Braun with 40 percent. The Times says Brenton is just one of “a number of Libertarians whose poll numbers are high enough to more than account for the difference between Republicans and Democrats in key midterm races.” 

She had garnered 5.5 percent in 2016, when she sought the state’s other U.S. Senate seat. 

There is disagreement over whether Libertarians help or hurt Republicans. Most folks suspect that Libertarians take votes away from Republicans, but polling appears to show Libertarians snagging more otherwise Democrat-​inclined voters.

No matter. As often discussed here, enacting Ranked Choice Voting is the rational institutional solution to the so-​called spoiler effect Libertarians present. It’s a win-​win for both so-​called major and minor political parties. 

“Libertarians bristle at the term ‘spoiler,’” the newspaper notes, “saying it’s a belittling term for a party that presents a viable option to voters.”

Which brings me to a second solution to Libertarians luring away your voters. Steal their issues. Take them and make them your own.

There’s no law against it.

No reform required.

“Libertarians are running against President Trump’s tariffs, immigration policy and record on spending …” explains The Times, and “are embracing … less taxation as well as marijuana legalization, criminal justice reform and ending the war on drugs.”

Fresh elections. Happy voting.

This is Common Sense. I’m Paul Jacob.

 

* It won’t change the outcome, but on Monday the Boston Globe endorsed Libertarian Dan Fishman for state auditor, writing: “An auditor without any partisan axes to grind could shake up the state.” That’s a different kind of spoiler.

PDF for printing

 

 

Categories
Accountability ballot access folly general freedom ideological culture initiative, referendum, and recall media and media people national politics & policies political challengers responsibility U.S. Constitution

Should Non-​Citizens Vote?

voting, elections, democracy, illegal, aliens, migration, borders, citizens

“A lot of people would like to say this is an immigration issue. It’s really not,” offered Gary Emineth, the head of North Dakotans for Citizen Voting and a candidate for state senator. 

“It’s really about preserving the right for U.S. citizens, and in our case, North Dakota residents, to only be the voters in all elections across the state of North Dakota,” added Emineth. “And that’s why we want it in the constitution.”

Turning in more than 35,000 voter signatures on petitions last Friday, Emineth and others placed a constitutional amendment on this November’s ballot that, if passed, would make voting the exclusive right of U.S. citizens in North Dakota.

Elsewhere in the country, Emineth points out, non-​citizens are already voting — in Chicago and San Francisco, and in 11 cities across Maryland. Moreover, campaigns are underway across the country to give non-​citizens the vote — in California, Connecticut, New York City, Boston and Montpelier, Vermont.

Opponents claim the North Dakota measure is completely unnecessary, as the state doesn’t currently allow non-​citizens to cast a ballot, nor has any city yet attempted to allow non-​citizens to vote. But Emineth’s goal is to keep it that way.

Moreover, University of North Dakota Law Professor Steven Morrison acknowledged to The Forum in Fargo that “the proposed amendment does clean up what could be a grammatical loophole since the word ‘every’ doesn’t conclusively exclude non-​citizens from voting.…”

It is a very simple proposition: Do you want voting to be the exclusive right of U.S. citizens? Or should non-​citizens be allowed to vote?

Coming to a ballot near and Fargo.*

This is Common Sense. I’m Paul Jacob.

 

* With some help from Liberty Initiative Fund.

 

PDF for printing

 

Categories
Accountability general freedom government transparency initiative, referendum, and recall local leaders national politics & policies political challengers term limits

The Other Maine Thing

ranked choice voting, democracy, initiative, referendum, election, voting, Paul Jacob, voting reform, Maine

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.

PDF for printing