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Accountability general freedom government transparency initiative, referendum, and recall local leaders moral hazard nannyism national politics & policies

Principle and Compromise

De-Escalate Washington, Tim Eyman, Initiative 940, initiative, democracy, shootings

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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ballot access general freedom initiative, referendum, and recall moral hazard nannyism national politics & policies political challengers responsibility term limits

The Yellow and White Lines

term limits, elections, voting, limits, white lines, yellow lines, democracy

If I’ve heard it one million times, I’ve heard it ten: “We already have term limits; they’re called elections.” A statement usually offered as the beginning and end of wisdom regarding the problems term limits are designed to tackle.

Equally “profound” is the collateral claim that “the only term limits we need are an informed electorate.”

Such generalities “prove” too much. Any formal restraint of government could be thus airily dismissed. 

  • “The only Bill of Rights we need is an informed electorate.” 
  • “The only checks and balances we need are an informed electorate.” 
  • “The only prerequisites for running for office we need are an informed electorate.” 

If formal rules don’t matter, why write these things down or try to enforce them in light of principle and precedent? Just get your informed electorate and let the informed electorate handle it.

To preserve and strengthen our republic and our liberties, we do need an informed electorate. We also need many other things, including well-​known, widely accepted, consultable, objective limits on government power.

One such limit limits terms.

Term limits on legislators, executives and even judges combat political corruption, empower informed voters, and give informed and capable electoral challengers more opportunities to effectively present their ideas.

The fact that a given political or cultural factor is crucial to the commonweal doesn’t mean that no other factors are also crucial. 

Don’t tell drivers of cars that all they need are skills and gas.  You also need lines on the road — limits to keep us out of the ditch, and from head-​on collisions.

This is Common Sense. I’m Paul Jacob.

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ballot access initiative, referendum, and recall local leaders political challengers Regulating Protest too much government

New-​Fangled Vote Counting

Florida, Proposal 97, Constitution, democracy, voting, initiative, Constitution Revision Commission

Call me old-​fashioned, but when you go to the pols to cast your vote on a ballot measure, your Yes vote should count for yes and your No vote for no.

And if you choose not to vote, your non-​vote should count for neither yes nor no.

That’s just common sense. Right?

Well, meet its antithesis: Proposal 97, now being considered by Florida’s powerful Constitution Revision Commission (CRC).* Proposal 97 would count all those who do not cast a vote for or against a ballot measure as a No vote against it.

To pass a constitutional amendment in the Sunshine State already requires a supermajority vote of at least 60 percent of those who do cast a vote on the measure. Under Proposal 97, counting all those not voting on it as No votes, that percentage would necessarily go even higher. If 10 percent don’t vote, Yes would have to come in at 67 percent to win.

This is minority rule … with an extra perverse twist.

The supermajority requirement encourages big money interests to spend heavily against ballot initiatives — even when the issues have clear majority support — because if they can manage to lose by less than 20 points (60 – 40 percent), they win. Now all opponents need do is poison the water with the nastiest campaigning imaginable, causing more voters to throw up their hands or pinch their noses and avoid the issue …

… thus, being counted as voting No.

Don’t abstain. Stop Proposal 97. Tell them NO here.

This is Common Sense. I’m Paul Jacob.

 

* How powerful is the CRC? Every 20 years it meets with the awesome authority to refer constitutional amendments directly to the ballot — as many as it wishes and the amendments can be packaged to include several different subjects. No other state has a similar body. Of the 37 commission members, the governor appoints 15, the Senate president and the House speaker each appoint nine, the chief justice of the state supreme court appoints three and the attorney general is an automatic member.

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Accountability folly general freedom government transparency ideological culture media and media people moral hazard nannyism national politics & policies too much government

Threat Assessment

Tide Pod, foolish, foolhardy, Atlantic, Jonathan Rauch, Benjamin Wittes, vote, voting, Republican, Democrat, threat, GOP

Don’t drink transmission fluid. Or perform a swan dive off the Empire State Building. Or munch on a Tide Pod.

Be cautious, in other words, of the advice offered in “Boycott the Republican Party,” the Atlantic opinion piece authored by Jonathan Rauch and Benjamin Wittes, both scholars at the Brookings Institution. Their erudite suggestion? Conservatives should “vote mindlessly and mechanically against Republicans at every opportunity, until the party either rights itself or implodes (very preferably the former).”

My Sunday column at Townhall​.com, “Friendly Suicide Advice for the GOP,” reviewed their proposal and analysis. “[H]orrified” by President Trump, they see congressional Republicans as enablers of his “existential” threat “to American democracy.”

Big government has long frightened me, so I’m certainly not suggesting anyone relax just now. I do wonder, however, why these writers and others in the media have been so blasé to past presidential usurpations (noted in the column) with life-​and-​death implications.

Rauch and Wittes go so far as to reassuringly explain that “the Democratic Party is not a threat to our democratic order.”

Really?

In 2016, every single Democratic Party U.S. Senator voted to partially repeal the First Amendment of the Constitution. The Democrats’ proposal would have largely ended the prohibition that “Congress shall make no law … abridging the freedom of speech,” replacing it with “Congress and the States may regulate and set reasonable limits on the raising and spending of money by candidates and others to influence elections.”

In our present “democratic order,” the Constitution recognizes the primary importance of walling off political speech from regulation by these very politicians. The Democrats seek to repeal that order … that freedom … that criticism.

This is Common Sense. I’m Paul Jacob.

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general freedom initiative, referendum, and recall local leaders nannyism political challengers Regulating Protest

Delivering a Double Standard

Ohio, initiative, voting, election, ballot, legislature, democracy, amendment, constitution

Former State Representative Matt Lynch got right to the point in his Cleveland Plain Dealer op-​ed: “The people’s right to amend the Ohio Constitution through the ballot initiative is under attack.”

Created by the Ohio Legislature to consider constitutional amendments, the Ohio Constitutional Modernization Commission (OCMC) has a hidden purpose: provide cover for that same legislative body. As Lynch aptly notes, the OCMC “is filled with politicians and lobbyists. Thus, commission recommendations must be scrutinized for fidelity to the public good versus the special interests of political insiders.”

This Thursday at the capitol in Columbus, OCMC will consider whether to recommend that state legislators propose an amendment to the state constitution to make future amendments more difficult. That’s an awfully bad idea in itself. But, bizarrely, the greater difficulty would depend entirely on who proposes the amendment.

The working OCMC recommendation makes no change to the legislature’s ability to propose and pass constitutional amendments. What it would do is make it tougher for citizen-initiated amendments. Most unhelpfully, the recommendation would require only citizen-​proposed amendments to garner a supermajority of 55 percent of the vote. 

Consequence? Suppose a measure proposed by citizens — term limits, ethics reform, government transparency — was massively outspent by powerful interests, and yet still won 54.9 percent of the vote. It would lose.

Yes, the 45.1 percent of voters would defeat the 54.9 percent of voters.

Call it “New Math.”

The very same issue proposed by legislators would win … and be added to the state constitution.

“The double standards are breathtaking,” writes Lynch,* adding, “and no other state has such unfair rules.”

This is Common Sense. I’m Paul Jacob.

 

* Sunday at Townhall, I also discussed this double standard. And the word may be getting out. Townhall always adorns my column with a photograph — this time featuring Ohio Attorney General Mike DeWine, also a Republican candidate for governor in 2018. DeWine’s campaign objected to being pictured, arguing they have no involvement with the OCMC. DeWine’s picture has been removed.

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general freedom moral hazard nannyism responsibility too much government

The $659,000 Non-Question

driver's license, voting, registration, paternalism, nanny state, voters, democracy, choice, freedom

The so-​called “Motor Voter” law of 1993 created a national mandate: when people obtain their drivers’ licenses at the Department of Motor Vehicles, ask them if they’d also like to register to vote. 

The federal mandate is perhaps heavy-​handed, but the underlying idea has merit.

Now a new idea is gaining ground, taking the notion (nudge, nudge) a step further. Let’s not bother asking people if they want to sign up to vote, the proposal runs. Government should simply register them. Without asking.

It is a form of paternalism.

“It flips the presumption, where right now they ask you if want to be registered,” argues D.C. Council member Charles Allen. “Instead of that, we’re just going to go ahead and get you registered, and that absolutely helps enfranchise voters.”

“Lawmakers in 32 states have introduced measures in the last year to automatically register drivers to vote,” reports the Washington Post.

Some folks contend there isn’t much difference between asking if someone wants to register and registering them without asking. Well, if there isn’t much difference, why spend the $659,000 that Washington, D.C. officials estimate it will cost over the next four years for their new “don’t‑ask” program. 

Of course, there is a difference in the two policies: sort of like between offering people something to eat and force-​feeding them. 

Some Americans have no desire to vote or be registered. It is surely no business of any state or local government to act as if their preferences don’t count.

And what good are a bunch of names on a voter list if they aren’t interested? Is someone going to vote for them?

This is Common Sense. I’m Paul Jacob.

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