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Accountability First Amendment rights incumbents local leaders Regulating Protest U.S. Constitution

Homer’s Recall Odyssey

Freedom of speech isn’t a free pass to avoid the consequences of what one says. Or does. Tell that to three members of the Homer, Alaska, city council — Donna Aderhold, David Lewis and Catriona Reynolds — who are the subject of a recall petition.

Well, a superior court judge just did.

Represented by the ACLU, the trio sued to block a recall petition with more than enough voter signatures. Their lawsuit challenged the city attorney’s acceptance of the legal rationale for the recall, claiming the recall attempt punishes the politicians for their speech.

“To conclude that anytime a recall petition is based in part or in whole on what a politician said is protected by the First Amendment,” Superior Court Judge Erin Marston ruled, “would be to eviscerate the recall statute to such an extent that the populace would almost never be able to seek recall of any of their elected officials.”

Now the recall moves forward.

In most of this Land of the Free, citizens lack the ability to recall their elected officials. In places that do have the process, it is rarely used. When it is used, it is often portrayed as voters throwing a temper tantrum. 

Or an unfair election do-over. 

Or mean-​spirited ‘vendetta politics.’

Not so. The petition requirements make recalls very difficult. Recalls don’t happen without some serious problems with the current officeholder(s). And once a recall is triggered, there follows a democratic vote to decide whether citizens want to keep the sitting hireling or find someone new. 

Seems pretty reasonable. 

When politicians are recalled and removed, they deserve it.*

This is Common Sense. I’m Paul Jacob.

 

* The problem seems never to be that good politicians are being recalled, but that too many politicians who should be recalled are not. Back in 2003, the governor of California was recalled. He deserved it. In 2011, a whopping 88 percent of Miami-​Dade County voted to recall Mayor Carlos Alvarez. He earned it, too.


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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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Categories
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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Democratic Socialism, Big Brother, socialism, vote, voting, egalitarian, meme, Jim Gill, Paul Jacob, Common Sense

 

Categories
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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Original (cc) photo by Crosa on Flickr