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ballot access national politics & policies

Hypocrisy ID’d

“Prominent Democrats have increasingly softened their opposition to voter identification requirements in recent days,” informs The Washington Post, “signaling a new openness to measures that activists have long vilified as an insidious method of keeping minorities from the ballot box.”

Yesterday, when Republicans backed the idea, it was racist and supposedly so were they for supporting it. Not anymore. Now, Democrats favor Voter ID.

What changed? 

Not racism. And certainly not racially exploitative demagoguery. 

The catalyst may be a new Monmouth University poll showing fully 80 percent of Americans favor a photo ID requirement for voting, with support “at 62% among Democrats, 87% among independents, and 91% among Republicans.”

These progressive mutations take place as Senate Bill 1, the companion to H.R. 1, the so-​called “For the People Act,” failed to break the GOP filibuster yesterday, blocked 50 votes to 50 votes along strictly partisan lines.

While Democrats scramble for a way out, some — Stacy Abrams, notably — suggest they have always been for voter ID. 

Funny, the Democrats’ legislation would have effectively gutted the 35 state voter ID laws now on the books. “But HR‑1 does not ‘ban’ voter identification laws,” lectures Newsweek’s fact-​checker. “Instead, it offers a workaround” — that does not require showing an ID.

Just the sort of requirement Democrats now insist upon? 

Hypocrisy notwithstanding, the real problem with Democrats dictating election policy from Washington is the rottenness of those policies, which include: 

  • Partisan capture of the Federal Election Commission by Democrats through 2027*
  • Taxpayer financing of congressional campaigns
  • Increased regulation of speech aimed at influencing congressmen (i.e. mobilizing citizens)

Congressional Democrats have plenty more bad policies where those came from.

And a legislative majority.

This is Common Sense. I’m Paul Jacob.


* If you can’t pack the Supreme Court, packing the FEC is the next best thing.

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general freedom international affairs

Two Strikes and You’re Out, MLB

Major League Baseball has renewed its contract with a Chinese telecommunications company with ties to the Chinese Communist Party.

Professional baseball thus avoids the fate of the National Basketball Association, ejected from Chinese airwaves for a year after Houston Rockets general manager Daryl Morey voiced support for pro-​democracy protests in Hong Kong.

This doesn’t mean that the folks running MLB lack a moral compass.

It could be just a skewed one.

One day after Chinese state media confirmed that American baseball games would continue to be shown on Tencent’s streaming platform, MLB yanked its All-​Star game from Atlanta, Georgia. The idea? To protest the state’s new election reform.

Baseball Commissioner Robert Manfred would have us believe that demonstrating “our values as a sport” requires 

  1. cutting deals with the tyrannical and murderous government of China while simultaneously 
  2. noisily punishing Georgia because friends of slack voting rules dislike the voter ID requirements and other provisions of Georgia’s new election law designed to limit the potential for fraud.

MLB’s press release does not bother to explain what is wrong with the law except to say that the league “opposes restrictions to the ballot box.” 

All restrictions?

MLB officials ignored the Epoch Times’s inquiry about “how continuing business with China demonstrates its values considering the recent U.S. recognition of a genocide being carried out by the CCP against the Uyghur Muslims.”

Hmm. Chinazi dictatorship or Georgia election reform: Which is worse? 

I guess for those with a skewed moral compass, that’s a tough one.

But for the rest of us the question answers itself.

This is Common Sense. I’m Paul Jacob.


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ballot access initiative, referendum, and recall Voting

Worms for Early Bird Voting?

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.

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ballot access U.S. Constitution

Pandemic Petitioning?

“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. 

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initiative, referendum, and recall tax policy

My Favorite Control Group

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. 

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ideological culture partisanship

The False Binary

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.


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