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Accountability crime and punishment folly local leaders media and media people national politics & policies responsibility

The Early Vote Worm

Last week was consequential for Greg Gianforte. Awfully.

The Republican businessman won the special election for Montana’s lone seat in the U.S. House of Representatives. He also body-slammed a reporter. He now faces misdemeanor assault charges.

For which Gianforte apologized publicly . . . as he was declaring victory. Welcome to modern American politics.

Democrats claimed victory, nonetheless — with media cover to boot. “Republicans’ 7-point win in last night’s Montana election is great news for Democrats,” the progressive Vox headlined their report.

At Townhall.com on Sunday, I explained why that claim misses both the forest and the trees. Yes, Trump won Montana by 20 percentage points against Hillary Clinton’s mere 35.4 percent back in November, while Gianforte won last week by only 7 points. But Trump was lucky to be opposed by a very unpopular Hillary.

Moreover, at that same election wherein Trump trounced Secretary Clinton, Gianforte lost the governor’s race to a Democrat. Indeed, Gianforte performed 11 points better last week than back in November — winning, instead of losing.

How does that show Republican support slipping?

The message from the Montana special election is that early voting periods are far too long. Montana’s early voting began nearly four weeks before Election Day. The assault by Gianforte, with criminal charges, hardly mattered, because roughly two-thirds of Montanans had already voted when it occurred.*

Rather than a nearly month-long process, whereby a candidate can bank a majority of the vote before the campaign is over, let’s make Election Day a three or five-day period. Make it easy to vote, but let’s all vote together, with the same information.  

This is Common Sense. I’m Paul Jacob.

 

* This means not only that Gianforte may have “gotten away” with his violent outburst, but that those voters did not have time to adequately appraise Gianforte on information they would have possessed and been able to act upon, with a shorter voting period.


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Accountability initiative, referendum, and recall local leaders responsibility

The Maine Thing

Ranked Choice Voting (RCV) allows voters to rank electoral candidates and not “waste” their vote in cases where their most favored candidate is* unlikely to win. RCV also requires a majority for election, not merely a plurality of the vote.

Last November, Mainers passed Question 5 to begin using this voting system for statewide races, state legislative races and congressional contests. Voters in Portland, the state’s largest city, already use ranked choice voting for several city offices.

Nonetheless, Gov. Paul LePage, who has won twice for governor without ever capturing a majority, opposes RCV, as do many state legislators, also elected under a different first-past-the-post plurality system.

Because Maine’s state constitution specifically mentions plurality winners for statewide officials and state legislators (in the General Election), legislative leaders asked the Maine Supreme Court for an advisory opinion on the constitutionality of the ballot measure. Earlier this week, the court ruled that Question 5 was not constitutional when applied to those specific offices and elections.

However, the constitutionality of RCV was not challenged regarding congressional elections or primary elections for the state legislature.

Now some legislators are proposing a constitutional amendment to enact the RCV that voters supported. Others are urging that the entire law be repealed — even the parts not ruled unconstitutional. They claim the new system is too confusing if not used for every office.

But Portland city voters use RCV for some offices and not others, without confusion.

Legislators should follow the court’s decision, sure, but also respect the vote of the people for every part of the measure not addressed by the court.

This is Common Sense. I’m Paul Jacob.

 

* Ranked Choice Voting also prevents wasted votes in cases where a voter merely expects or fears (even inaccurately) that his or her favorite candidate does not have enough support to get elected.


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Accountability initiative, referendum, and recall moral hazard nannyism responsibility

Whose Constitution Is It, Anyway?

Last November’s biggest mistake? Colorado voters passing Amendment 71. It makes the Rocky Mountain State’s constitution exceedingly more difficult for voters to amend through the initiative petition process.

And more like it may be in the offing. Legislation is moving in Florida to require a 66.7 percent vote to amend the state constitution. Already, a 60 percent vote is required, but legislators remain fearful voters can muster that.

The Ohio Modernization Commission, a legislatively created mix of legislators and insiders, is recommending a new constitutional amendment to — you guessed it — make it tougher for voters to pass amendments. Future voter-initiated amendments must pass twice, by a 55 percent supermajority.

There are also efforts to weaken citizen initiatives in Arizona and Maine.*

The big money behind Colorado’s Amendment 71 told whopper after whopper to win. They pretended to love and revere the constitution. Finally, they put former Denver Broncos Super Bowl champion quarterback John Elway on television — spot after spot — telling voters the amendment “protects our constitution.”

But . . . from whom?

You see, politicians and special interests don’t have to amend the state constitution to spend money on themselves or their cronies. From their perch in the state capitol, they can do that with a simple statute.

But you and I need the ability to pass constitutional amendments. Why? Only through the constitution can we limit the power of those same politicians — the power of government. Legislators can overrule a mere statutory ballot initiative (and often do).

That’s what this battle is all about. Politicians mean to limit our power to limit theirs.

This is Common Sense. I’m Paul Jacob.

 

* Thankfully, South Dakota legislators defeated several bills aimed at making it tougher to place initiatives on the ballot.


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folly general freedom ideological culture nannyism privacy property rights too much government U.S. Constitution

Democratic Socialism. . .

Because BIG BROTHER is okay as long as enough people vote for him!


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media and media people national politics & policies political challengers responsibility too much government U.S. Constitution

Conscience Clear?

Today the Electoral College meets to elect the 45th President of these United States.

But if they fail to cast the required majority for a candidate, the contest goes into the House of Representatives, where each state gets one vote — Wyoming and California equally weighted — and a state’s vote can only be cast for one of the top three Electoral College vote-getters.

Of course, only two candidates won electoral votes, because only they won states. Donald Trump won 30 states comprising 306 electoral votes; Hillary Clinton won 20 states with 232.

That’s the arithmetic. But, as I explored at Townhall yesterday, nothing in the Constitution requires an elector pledged to Trump or Clinton to vote for that candidate.* They can vote their conscience.

That’s why in recent days, Nancy Pelosi’s daughter, Christine, a California elector, petitioned to have electors receive an intelligence briefing about Russian hacking — hoping to sway electors.

Her petition was denied.

Desperation showing, a group of Hollywood actors led by Martin Sheen starred in a Unite for America video talking down to — er, directly to — Republican electors. Asserting that the Electoral College was designed by “Hamilton himself” to prevent an “unfit” “demagogue” (they mean Mr. Trump) from attaining the presidency, the actors claim to “stand with” and “respect” GOP electors, who could be heroes in Hollywood (no honor more tempting!) if only they’d cast their vote for someone other than Trump.

Anyone! — who meets presidential qualifications. “I’m not asking you,” three actors in a row assure, “to vote for Hillary Clinton.”

As much as I support the idea of voting one’s conscience and as much fun as this election has been, I think we’ve all now had enough. Let’s prepare ourselves to help Mr. Trump do what’s right and stop him from doing what’s wrong . . . with a clear conscience.

This is Common Sense. I’m Paul Jacob.

 

* Some electors do sign a loyalty pledge to the candidate and there are state laws, almost certainly unconstitutional, which penalize electors who do not vote for the candidate they are pledged to.


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Accountability ballot access general freedom incumbents initiative, referendum, and recall national politics & policies political challengers responsibility too much government U.S. Constitution

Votes Without Poison

Strange election. So . . . round up the usual suspects!

Immediately after Hillary dried her tears and conceded, out came the Tweets, then the analyses: the “third parties” are to blame!

Over the weekend, I focused* on one such election post-mortem. The basic idea is not altogether wrong: minor party efforts together may have cost the Democrat her Electoral College advantage this time around, just as Nader’s Green Party run spoiled Al Gore’s bid in 2000 and several past congressional races have been spoiled for the GOP by Libertarians.

Is there a problem here? Yes. But do not blame the minor party voters. It’s the way we count their votes that is “problematic.” The current ballot-and-count system turn voters most loyal to particular policy ideas into enemies of those very same ideas.

When we minor party voters turn away from a major party — usually because said party tends to corrupt or betray our ideas, or make only small steps toward our goals — our votes aren’t so much wasted as made poisonous.

Because the candidate least preferred may prevail.

But there’s a way out: On election day, voters in Maine showed how to cut through the Gordian Knot. Voting in approval for Question 5, Maine now establishes “ranked choice voting.”

Under this system, you don’t “waste” your vote when expressing a preference for a minor party candidate. You rank your choices and, if your first choice proves unpopular, your second choice (or maybe your third) gets counted. So you don’t “poison” your cause.

Republicans and Democrats have more than enough reason, now, to adopt ranked choice voting across the country.

This is Common Sense. I’m Paul Jacob.

 

* See yesterday’s links page to my weekend Townhall column for the basic references. But there were many, many articles on the Minor Party Effect, including a skeptical one by Sasha Volokh’s.

 

Ask the next question.

Questions Answered:

What is the effect of minor parties on major party outcomes?

What causes those effects, voter intent or something else?

Is there a way to prevent this, short of further sewing up the ballot access system to minor parties?

The Next Question:

What might our elections look like if people spent more time discussing issues and ideas … and less about class, culture wars, and sex crimes?


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Accountability general freedom ideological culture moral hazard national politics & policies political challengers responsibility too much government U.S. Constitution

The Wisdom of the Founders

“At a certain point, you have to let go for the democracy to work,” President Barack Obama told HBO’s Bill Maher last week, praising “the wisdom of the founders.”

“There has to be fresh legs,” he continued. “There have to be new people. And you have to have the humility to recognize that you’re a citizen and you go back to being a citizen after this office is over.”

Maher failed to ask Mr. Obama how this “fresh” viewpoint squared with his support for Mrs. Clinton. Nevertheless, let’s applaud the president’s endorsement of term limits.

Speaking of the founders, and limits on power, and this being Election Day, I’m reminded of a commentary in Forbes, back on Election Day four years ago, written by Ed Crane, the man who built the Cato Institute into one of the nation’s preeminent think tanks. Bemoaning the “interminable presidential race,” Crane wished for “a nation in which it really didn’t matter who was elected President, senator or congressman.”

“Don’t get me wrong, because I’m not saying it doesn’t,” explained Crane, “only that it shouldn’t.” He added, “I believe the Founders had a similar view.”

His point is simple: Getting to vote for your next president and senator and congressman is swell, but it’s important to have a Constitution that restrains those elected, so they “don’t have a heck of a lot of power over you or your neighbors.”

“We are a republic of limited governmental ­powers,” or should be, argued Crane. “Such a nation allows for sleep on election night.”

Instead of gnashing of teeth.

This is Common Sense. I’m Paul Jacob.


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Wasted Votes

“The only wasted vote is a vote cast without conviction.”

–Daniel Hannan

 

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ballot access general freedom government transparency media and media people national politics & policies political challengers

A Brexit Effect?

Before the Brexit vote, the likelihood of British secession from the European Union garnered a mere 25 percent chance. That was according to European betting markets, which are usually more accurate. In June, the Brits voted Brexit.

Donald Trump has made much hay of this, understandably.

On Tuesday, the odds of a Trump victory hit the same mark: 25 percent.

Gwynn Guilford’s report on this was drolly titled “Donald Trump has the same odds of winning as Jon Snow ruling Westeros, according to betting markets.”

On June 11, Business Insider had reported that Hillary was increasing her lead; on October 18, it exulted that the Irish betting markets had “already declared a winner” — not Trump. On November 1, the news aggregator merely noted that Moody’s is calling the election a landslide for Clinton.

But BI is also covering the scandal that has disturbed the Clinton camp. There’s no love lost between the Federal Bureau of Investigation and the Department of Justice, explains Natasha Bertrand in “‘The Antichrist personified’: ‘Open warfare’ and antipathy toward Clinton is reportedly fueling the FBI leaks.” The meat of her representation is that “much of the agents’ frustration . . . may boil down to partisanship”; the FBI is “Trumpland.”

Yet the article ends quoting another FBI official insisting that both Trump and Clinton are awful candidates.

A plausible judgment.

Whether late-in-the-game revelations of Clinton corruption and FBI probing can defy current odds and produce a Clinton defeat remains to be seen. As of Thursday evening, polls-only forecasts placed the odds of winning at 67/33 in favor of Mrs. Clinton, while electionbettingodds.com placed them at 70.2/29.2.

This is Common Sense. I’m Paul Jacob.

 

N.B. Late-breaking Brexit news: The United Kingdom’s high court ruled yesterday that Parliament must vote to approve Brexit before the secession can proceed.


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Question 5 Fixes Flaw

This week, Krist Novoselic, rock-n-roll bassist of Nirvana fame and fellow board member of FairVote.org, appeared on Fox Business’s Kennedy to explain ranked choice voting.

Krist compared a single ranked ballot under the proposed system to two ballots under the current method. Often, a voter will mark the ballot for one candidate in the primary, and, if the candidate doesn’t make the cut, for another in the general election.

Ranked choice voting sort of collapses multi-candidate primaries and the shorter list of the general election into one, allowing voters to rank their choices so that when their first choice doesn’t make it, their less valued candidates get counted.

So if you prefer a candidate unlikely to win you aren’t “wasting” your vote by marking that candidate first, as today in most American elections, because your vote goes to your second choice.

The current system encourages “strategic voting,” where we deny our preferences to work around the defects of the electoral system. We end up voting for candidates we do not like, to avoid even worse, promoting mediocre and downright bad elected officials.

In Maine, Question 5 on the November ballot, sets up a ranked-choice ballot system for “the offices of United States Senator, United States Representative to Congress, Governor, State Senator and State Representative for elections held on or after January 1, 2018.” It has a not insignificant amount of support, from Mainers across the political spectrum.

But not from the state’s governor (and voicemail-performance-artist) Paul Le Page. He dubs it a way for “loser” candidates to get a “second chance.”

Just like a politician! He focuses on politicians’ chances not voters’ options.

This is Common Sense. I’m Paul Jacob.


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