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initiative, referendum, and recall local leaders nannyism regulation

Discrimination, California-Style

How far will a California lawmaker go to try reverse a validly enacted and also very good citizen initiative?

In 1996, California voters passed Proposition 209, the California Civil Rights Initiative, which prohibits the state government from imposing race-based, ethnicity-based, or sex-based preferences.

Prop 209 added a section to the California Constitution stating that the government “shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.”

In 2020, friends of racial discrimination tried to revive racial preferences through a referendum. But voters shot it down, even though proponents outspent opponents 14 to one.

Now California Assemblyman Corey Jackson wants to revive racial preferences another way. His bill, ACA7, would not touch the language of Proposition 209. But it would empower the governor to make exceptions. What exceptions? Any he wishes, as long as he spews the right rationalizations when he does so.

Law professor Gail Heriot, who has launched a change.org petition to oppose the measure, says that “ACA7’s proponents are hoping that voters will be fooled into thinking that it is just a small exception. In fact, it gives the governor enormous power to nullify Proposition 209.”

ACA7 has passed the House and now goes to the state senate, awaiting the magic of legislative action. Heriot says Californians should let their senators know where they stand on the bill. I don’t disagree.

This is Common Sense. I’m Paul Jacob.


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crime and punishment initiative, referendum, and recall international affairs

Sikh Freedom First

If I get gunned down in a hail of bullets . . . well . . . who done it?

The genocidal Chinese Communist Party, furious at my new website, StoptheChinazis.org

Perhaps. But what about the regime of Prime Minister Narendra Modi in India? 

I’m a member of the Punjab Referendum Commission, an international group advising and monitoring the non-governmental referendums being organized among the worldwide Sikh diaspora by U.S.-based Sikhs for Justice. Recently, I stood at the entrance of a Sikh temple in Surrey, British Columbia, outside Vancouver, where Canadian intelligence agencies say agents of Modi’s government assassinated Sikh leader and Canadian citizen Hardeep Singh Nijjar, back in June, spraying him with 30 bullets. 

Then, last week, U.S. prosecutors indicted an Indian national for, according to The Wall Street Journal, “working with an Indian government officer to pay a purported hitman $100,000 . . . to murder a prominent advocate” on U.S. soil.

“The court filing did not name the victim,” The Washington Post reported, “but senior Biden administration officials say the target was Gurpatwant Singh Pannun, general counsel for the New York-based Sikhs for Justice. . . .”

My mouth’s suddenly a bit dry; I’ve been on the same stage as Mr. Pannun several times. 

There’s a long history of political unrest and violence between Sikhs in the Punjab region and the central Indian government . . . leading today to roughly one-fourth of Sikhs living outside of India. 

What can we do? Well, though I take no position on whether — YES or NO — the Punjab region should secede from India, I very much like that Sikhs for Justice is resorting to the opposite of violence — democracy — by asking Sikhs around the world to cast their vote.

If they dare.

This is Common Sense. I’m Paul Jacob.


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initiative, referendum, and recall local leaders

Democratic Notion for Gotion

One problem with American politics? Far too many decisions get made by the federal government. 

Not only is the Washington Leviathan removed geographically from most citizens, it’s also completely devoid of the direct democratic checks available to voters in most American cities and roughly half of U.S. states: initiative, referendum, and recall

At the state and local level, we can often respond directly to unpopular government actions with a ballot measure or a recall campaign. And these local efforts can at times impact our national government —  even international policies. 

That’s what happened last Tuesday in Green Township in Mecosta County, Michigan, when voters recalled their entire township board — sending all five remaining board members packing after a sixth member had already resigned.

Back in April, spurred on by Gov. Gretchen Whitmer’s cheerleading, Michigan lawmakers approved $175 million in “taxpayer incentives” [read: subsidies] to help Gotion Inc. “build a $2.4 billion electric vehicle battery plant.”

Public uproar was not merely over the subsidy but also because the company’s parent company, Gotion High Tech, is based in China.

“We don’t want it here. It’s dangerous. We’re zoned agricultural, and they’re trying to re-zone our property,” said resident Lori Brock. “There’s nothing that’s been truthful about this.”

When it became clear that, in addition to state legislators not listening, local officials showed more interest in making a deal than being transparent with citizens, Brock filed a petition to recall the board.

And the rest is hist . . . well, not so fast. Township officials continue to say the deal is done. To which Brock pledges, “We’re moving forward with lawsuits against Gotion.” 

Because voters were able to express themselves, there is hope.

This is Common Sense. I’m Paul Jacob. 


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initiative, referendum, and recall tax policy

Preparation HH Hornswoggle

Tonight, I’ll be anxious for election returns from Colorado on Proposition HH, a measure Democrats in the legislature placed on the ballot to both lower taxes and raise revenue. 

Huh?

Americans for Tax Reform President Grover Norquist wrote recently in The Denver Gazette, that the proposition “would result in the largest tax hike in Colorado history.”

Yet, the ballot title begins: “SHALL THE STATE REDUCE PROPERTY TAXES FOR HOMES AND BUSINESSES, INCLUDING EXPANDING PROPERTY TAX RELIEF FOR SENIORS . . . ?”

“Democrats have advertised Prop. HH primarily as a property tax cut that will save homeowners hundreds of dollars per year,” explains Colorado Public Radio’s Andrew Kenney, “which is true.”

But Kenney goes on to plainly present the rest of the story, that HH would also “raise the state spending limits created by TABOR, allowing the government to eventually keep hundreds of millions, and then billions, of dollars more tax money each year instead of refunding it.”

TABOR stands for the Taxpayer Bill of Rights, which voters passed by citizen initiative back in 1992. Under TABOR, government spending growth is limited, with excess revenue returned to taxpayers. Prop HH is designed to offer immediately small property tax relief attached to letting the legislature grab much bigger money from not providing refunds in the future.

Norquist correctly dubs it “a bait-and-switch tax hike scheme.”

It’s the usual stock-in-trade of the political class. The difference in Colorado, however, under the Taxpayer Bill of Rights, is that politicians are required to ask voters for permission . . . to hornswoggle them in this way. 

Politicians have been asking for higher taxes again and again for years. (Not to mention going to court in a failed attempt to overturn TABOR.)

But voters have the final say. Today.

This is Common Sense. I’m Paul Jacob.


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crime and punishment election law initiative, referendum, and recall

Methinks the Mayor

“So, Walmart has no rights?!”

The frustration flowed from Yakima Mayor Janice Deccio to a 911 operator. Her compassionate heart bled profusely for the long-suffering stockholders and executives of one of the world’s richest companies. 

“Hi, this is Mayor Deccio. I know that this isn’t an emergency call, but I need to talk to somebody,” she told the dispatcher. “There are far rightwing petitioners at Walmart and they are not leaving after Walmart has asked them repeatedly to do so. And the police have not taken them off the premises.”

But, as the voice at 911 explained to the distraught officeholder, Washington State law requires that commercial property must make a public accommodation for First Amendment activity such as petitioning. 

The mayor’s thirst for a police solution to these “far rightwing” petitioners went unquenched.

“Obviously, the extreme left is freaked out by these initiatives,” offers Glen Morgan on his We the Governed podcast.

He’s referring to six conservative-oriented initiatives being promoted by Let’s Go Washington and petitioned onto Washington State’s 2024 ballot.

“Four of these initiatives reduce taxes,” Morgan points out. “One of them allows the police to actually chase violent criminals once again. And the other one confirms that parents have the right to know what strangers are doing to their kids at school or in unsupervised medical settings.”

Deccio now claims that mystery constituents told her the petitioners were aggressive and threatening . . . something she didn’t mention that on the call. The fact that her 911 plea has been made public might have something to do with her change of tune.

And don’t even mention ideology! “I don’t care,” she contends, “nor even know what they were petitioning about.”

The mayor added: “No one told the group they couldn’t petition, and it was certainly not my intention to stop them.”

No, of course not — she intended for the police to stop them.

This is Common Sense. I’m Paul Jacob.


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initiative, referendum, and recall Voting

Sticking It to the People

Nashville’s Metro Council? I’m no fan. But I do like the people of Nashville.

That’s where I differ from Tennessee’s Republican-dominated state legislature. 

My beef with the Metro Council (discussed in this Wall Street Journal op-ed) is the fact that, after term limits were passed back in 1994, the council has forced voters to say “No” to five different ballot measures referred by the council (1996, 1998, 2002, 2015, 2018) to weaken or abolish their own limits. 

“No” is a tough concept for them to grasp.

One of those failed council-sponsored measures even offered to reduce the size of the council from 40 to 27 in hopes voters might see that provision as positive — “give the public something,” said one pol — to divert from the council’s self-servingly unpopular attack on term limits. 

The GOP-controlled state legislature, on the other hand, is very angry at Nashville’s liberal Democratic politicians for blocking the Republican National Convention from being held next year in Music City. It sure seems a vindictively partisan move, costing people who own Nashville restaurants and hotels a sizeable bit of income.

So, back in March, the Tennessee Legislature passed a new law cutting Nashville’s council from 40 to 20 members.

That’ll teach ’em, eh?

Were only the tender feelings of Nashville’s dishonorable honorables in jeopardy, I wouldn’t complain. But the ratio of us citizens to our elected representatives is critical.

As Citizens Rising head Stephen Erickson aptly put it, “The state government of Tennessee recently decided that the people of Nashville should be less well represented.”

For the moment, thankfully, a three-judge panel in Tennessee has paused the legislature’s anti-representation scheme pending the outcome of a legal challenge. 

But our representatives should be working to improve representation, not hobble it. 

This is Common Sense. I’m Paul Jacob.


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