Regnat Populus strikes Devil's Bargain with corporate interests

The anti-term limits amendment apparently headed to the November 2014 statewide ballot in Arkansas might not have started out as a scam. But as it made its way through Little Rock, a Devil's Bargain was made with aspiring career politicians and corporate interests that sunk an effort to promote 'ethics' in Arkansas government.

The "ethics bill," as it was originally called, came out of proposals offered by a citizens group called Regnat Populus which had emerged from the deflating Occupy Little Rock phenomenon in 2011. The ostensible idea was to reduce corporate influence on legislators decisions with some mild reforms regulating lobbyist gifts and direct corporate contributions.

Ordinarily, the plan would have had to qualify for the ballot via petition. But helpful legislators offered to refer it to the ballot for them sans signatures -- for a price. That price was a plank to gut Arkansas popular voter-approved term limits law. The provision, buried on page 16 of the final bill and not included in the ballot title (!!!), would change the House term limit from 6 to 16 years and the Senate limit from 8 to 16 years.

It is likely that Regnat Populus and their legislative accomplices expect more than a free limo ride to the 2014 ballot. Nixing the Arkansas term limits law has long been a priority for corporate special interests and they have proven themselves willing to open their wallets to preserve the relationships they have cultivated in Little Rock.

The last time legislators referred an anti-term limits amendment to the ballot was 2004. Citizens hated it (it lost by 70%!), but corporate special interests loved it. In fact, according to FollowTheMoney.org, nearly all the money spent to promote the anti-term limits amendment came from them.

CORPORATE SPECIAL INTERESTS VS. TERM LIMITS 2004

ARKANSAS FARM BUREAU	$105,841	25.91%	Agriculture
ARKANSAS OUTDOOR ADVERTISING ASSOCIATION	$30,000	7.34%	General Business
ARKANSAS STATE CHAMBER OF COMMERCE	$26,710	6.54%	General Business
ENTERGY	$25,000	6.12%	Energy & Natural Resources
ARKANSAS REALTORS ASSOCIATION	$25,000	6.12%	Finance, Insurance & Real Estate
STEPHENS GROUP	$15,000	3.67%	Finance, Insurance & Real Estate
ARKANSAS EDUCATION ASSOCIATION	$12,500	3.06%	Labor
NATIONAL EDUCATION ASSOCIATION	$12,500	3.06%	Labor
ALLTEL CORP	$10,000	2.45%	Communications & Electronics
ARKANSAS HOSPITAL ASSOCIATION	$10,000	2.45%	Health
TYSON FOODS	$10,000	2.45%	Agriculture
UNIVERSITY OF ARKANSAS FOUNDATION	$10,000	2.45%	Government Agencies/Education/Other
ARKANSAS TELECOMMUNICATIONS ASSOCIATION	$10,000	2.45%	Communications & Electronics
ARKANSAS BAR ASSOCIATION	$7,500	1.84%	Lawyers & Lobbyists
ARKANSAS HEALTH CARE ASSOCIATION	$5,000	1.22%	Health
ARKANSAS STATE EMPLOYEES ASSOCIATION	$5,000	1.22%	Labor
WHOLESALE BEER DISTRIBUTORS OF ARKANSAS	$5,000	1.22%	General Business
ARKANSAS HOSPITALITY ASSOCIATION	$5,000	1.22%	General Business
MCMATH WOODS	$5,000	1.22%	Lawyers & Lobbyists
AMERICAN ELECTRIC POWER	$5,000	1.22%	Energy & Natural Resources

Naturally, special interests can't stand competitive elections and rotation in office, as they raise the cost and reduce the value of the mutually beneficial relationships they must create to succeed in achieving their legislative goals. None of the puny 'ethics' planks in the original bill packs the wallop that term limits do in reducing special interest influence.

But the politicians and interests have also learned the hard way that a frontal assault on term limits is doomed at the ballot box. Hence they have devised a referendum so deceptive that they have hoodwinked and co-opted Regnat Populus along the way. We'll see if voters will be as easily taken for a ride.

Opposition to anti-term limits amendment pushes Arkansas Senate candidate over finish line

Tuesday was the first time voters had a chance to weigh in on the Arkansas legislature's sneaky passage of an anti-term limits amendment unscrupulous politicians are calling an "ethics" bill. It appears the voting public is not so easily fooled.

It was a special election called to fill a vacant seat due to the resignation of Sen. Paul Bookout in August after he was busted and fined $8,000 for spending campaign money on personal items. In Tuesday's run-off, John Cooper bested Dan Sullivan by a slim margin. Not surprisingly, ethics played a key role.

Cooper and Sullivan were running neck and neck, sparring particularly on a so-called 'private option' under the Affordable Care Act. They were virtually tied in the first primary election and appeared to be so going into the runoff.

At the end, with controversy growing about the deceptive anti-term limits amendment referred to the November 2014 ballot, Conduit For Action launched two post card mailers pointing out Sullivan's clearly stated support for the anti-term limit amendment. Cooper, on the other hand, signed a U.S. Term Limits pledge that he would take no actions as a Senator to weaken Arkansas state term limits.

Given the slim margin of victory (it appears the final count will be less than 100 votes), it is suggested Cooper's embrace of the popular voter-approved (twice!) term limits law put him over the top.

"Cooper and Sullivan differed over whether a proposed constitutional amendment that weakens term limits was a good one or a bad one," said Dan Greenberg, president of the Advance Arkansas Institute, a nonprofit public policy research organization. "Cooper thought it was a bad idea and the final tally suggests the voters agreed with him."

Ironically, it was this deceitful "ethics" bill that may have sunk Sullivan's candidacy, in a seat where unethical behavior led to the special election in the first place.

Cooper will face Democrat Steve Rockwell in the special election, which takes place on January 14, 2014. As of now, it is unknown what Rockwell's position is on the anti-term limits amendment.

USTL opens new digs in South Florida

With term limits polling at historic highs and Congress at historic lows, U.S. Term Limits is ramping up operations in preparation for the coming national battle over Congressional term limits.

The single issue advocacy organization, long headquartered in Fairfax, VA, has opened a new branch office in Palm Beach with a new full-time activist focused on lighting term limits fires across the country. Nick Tomboulides, formerly part of the Ford Motor Company social media team, started on Oct. 8. Tomboulides was a successful college activist at the University of Connecticut and an alumnus of the Washington DC-based Leadership Institute's acclaimed training program.

The reason for the Florida location is for Tomboulides to work more closely with USTL President Philip Blumel and USTL Treasurer Rick Shepherd who live in the Palm Beach area.  The office is located at 2875 South Ocean Boulevard #200 in Palm Beach, just north of Lake Worth Beach.

But Tomboulides' focus will be national. 

The time is right. Today there are genuine term limits bills introduced -- with cosponsors! -- in both Houses of Congress and last year the state of Florida voted to officially ask its Congressional delegation to support a Congressional term limits amendment. Dozens of sitting Congress members have signed the USTL pledge in which they committed to cosponsor and vote for such an amendment and USTL plans on expanding the successful pledge program for the 2014 and 2016 elections cycles. The clamor from the people for Congressional term limits is growing louder and the USTL board believes that the time has come to renew the emphasis on Congressional limits.

At the same time there is action in the states, with the petition drive to term limit the Illinois legislature and the deceptive attack on voter-approved term limits in Arkansas. There are many local campaigns springing up as well.

For U.S. Term Limits to sustain its reputation as the nation's oldest, largest and most successful term limits advocacy organization, it must seize the day. And it is.

Please help take advantage of the historic opportunity we have right now by making a contribution to U.S. Term Limits.

Voters betrayed by the Arkansas gang of four

Here is the Oct. 16 press release from U.S. Term Limits about four state legislators in Arkansas that signed a pro-term limits pledge during the 2012 campaign, but violated it immediately after they won the election.

 

U.S. Term Limits President Philip Blumel called on four members of the Arkansas General Assembly today to honor their term limits pledge by renouncing support for the anti-term limits amendment, and helping to remove it from the Nov. 2014 ballot.

"These legislators signed a pledge to the people, stating that they would never take any action to lengthen Arkansas' voter-approved term limits of six years in the House and eight in the Senate," Blumel said. "By voting to give themselves 16 years in their seat, they have joined the laundry list of politicians who say one thing and do another. Now is the time for them to restore trust with the people of Arkansas by taking it off the ballot."

In the Arkansas House, Bob Ballinger (R-97) and Randy Alexander (R-88) signed and violated the term limits pledge. In the State Senate, the two offenders were David Sanders (R-15) and Gary Stubblefield (R-6). State Senator Alan Clark (R-13) signed the pledge but did not vote at all on the anti-term limits amendment. All five were first elected to their current offices in 2012.

In 1992, 60% of Arkansas voters placed term limits of three two-year terms on the State House and two four-year terms on the State Senate. The people returned to the polls in 2004 to defend these limits, voting down an extension amendment by a margin of 70%-30%.

Now, politicians are trying again to weaken the popular state law by putting the The Arkansas Elected Officials Ethics, Transparency, and Financial Reform Amendment of 2014 on the ballot. If approved in the fall of next year, it would double the term limit in the Senate and more than double it in the House.

"The name is not at all what it implies, and the politicians know that." Blumel cautioned. "This sort of sleazy political maneuvering is the reason term limits are so popular in the first place."

Nevada Supremes take on Reno cheater case

Typically, term limits win at the ballot box with 60-70 percent of the vote. The best refuge for self-interested scoundrels seeking to evade them has been the courts. The latest episode in this long-running story is unfolding in Nevada.

Weak 12-year term limits were inserted in the state constitution by voters in 1994 and 1996 (it takes two votes in Nevada) with 70 percent of the vote. The term limits apply to all local governing bodies in the state including the Reno City Council. But two 12-year veterans of the council, current incumbent Dwight Dortch and former councilwoman Jessica Sferrazza, are running for mayor anyway. Their argument is the mayor is not a member of the council.

Mayoral candidate George "Eddie" Lorton begs to differ. His copy of the Reno City Charter clearly states that the mayor is a member of the council:

"The mayor shall serve as a member of the city council and preside over its meetings." (Section 1.014, Reno City Charter)

And his copy of the state constitution says, "No person may be elected to any state or local governing body who has served in that office, or at the expiration of his current term if he is so serving will have served, 12 years or more." (Nevada Constitution, Article 15, Section 3)

That's pretty explicit. How can one get around that?

Not by tackling it honestly. Instead, the term limit cheats in this case are simply ignoring it and charging ahead with their mayoral campaigns and, when challenged, are using a schoolyard defense: Other politicians are doing it!

It is true. In Henderson during the term limit era, Mayor Andy Hafen served 12 years on the Henderson City Council and then ran for mayor in 2009. He is still there.

Defenders of the cheaters also point to a 2008 opinion in their favor by the state attorney general who claimed the mayor's position could be construed as separate from the council and hence years as a council member do not count against a mayoral term limit. The trouble with that opinion is that Lorton has a newer, contrary one from the Legislative Counsel Bureau, the legal team for the state legislature. Most importantly, the 2008 opinion predates the very explicit language quoted above that states the mayor is indeed a member of the council.

In a petition to the Supreme Court he filed earlier this month, Lorton also points out the logical absurdity of the cheaters position. The official description of the amendment passed by voters states the reasons for the term limits are to "stop career politicians since no one will be able to hold office for several terms ... local governing body members would have the opportunity to focus on the issues instead of reelection." Does a term limit with such a goal really permit someone to serve on the council for six terms and 24 years?

Chief Justice Kris Pickering announced that the issues raised by Lorton have "arguable merit." You bet they do. He ordered an answer within 30 days from the two term limit cheaters, the city clerk and the voter registrar. Stay tuned.

UPDATE: The politicians' far-fetched claim that the mayor wasn't a member of the council was shot down by the Nevada Supreme Court on Feb. 21. The citizens won this one. While voters had approved 12-year term limits, these politicians were trying to stretch them to 24. Thanks to Eddie Lorton and others who took the initiative to put a stop to this.

NEWS FLASH: Montana pols don't like to be term limited

As if it were news, the Washington Post reported this week that Montana "legislators in both parties expressed frustration" with state term limits and are considering taking another stab at gutting them.

Hold the presses! Incumbent politicians don't like term limits!

The fact is, of course, that Montana politicians have opposed the limits since voters first imposed them in 1992 with 67 percent of the vote.

Citizens feel differently. Last time we heard from them on this issue they voted down with 70 percent a 2004 referendum that would have repealed the limits. No poll since has suggested voters have changed their minds.

And why would they? In spite of the politicians' stories of limit-inspired calamity, Montana is in decent shape. In a 2013 ranking of states, Montana is #9 in terms of state GDP, employment and net migration -- all things highly influenced by government policy.

While every legislature like every marriage is dysfunctional in its own way, some are clearly better than others. And Montana, along with most of the other 14 term limits states, are typically crowded in the upper half of such rankings.

The Montana term limits are not strict ones. In fact, they are as loose as a limit can be while still retaining the beneficial aspects of term limits. Montana legislators are limited to eight years in the House and eight years in the Senate. A good portion of the Senate is made up of former House reps. They are also not lifetime limits. A Montana politician can sit out a term and then run again in the future as a challenger.

In the Post article, the politicians comically cite their own inexperience as an argument against the limits, although this alleged lack of experience doesn't appear to hinder the governor of Montana or even the president of the United States, both of which face eight-year limits. Of course, legislators -- like governors, presidents and CEOs -- generally do have considerable experience before being elected. They are not infants, after all, but instead successful citizens who their fellows have entrusted with public functions.

So what is the politicians' real objection to term limits? Here it is: They do not want to face electoral competition. According to a 2012 report by Ballotpedia, the Montana legislature is ranked #10 nationwide in terms of the competitiveness of its state elections.

There are lots of primary contests and regular rotation in office in Montana. The legislature stays fresh, with new faces and ideas and lots of opportunities for citizens to successfully run for office. This means too that there are a lot of ex-legislators running around, which makes for a better educated polity and greater transparency. These are all things that aspiring career politicians everywhere find burdensome.

In other words, term limits are working in Montana and politicians there want to nix them precisely for this reason. Don't let them.

OBIT: Ex-Speaker Thomas Foley's term expires

by Paul Jacob via Town Hall

We never met. Even if we had met, we wouldn’t have been friends: we wouldn’t have traded holiday cards, certainly wouldn’t have shared a drink or played tennis or joked together at a party. (I wonder if he played tennis.)

Former Speaker of the House Thomas S. Foley (D-Wash.) passed away on Friday at age 84. We were political antagonists, twenty years ago, when the issue of term limits placed us at loggerheads.

It wasn’t personal. Foley was just another congressperson to me, though his 30 years in Congress and his leadership position obviously made him more answerable for the then-high levels of congressional arrogance and dysfunction — which seem so much less toxic now, in retrospect, because of the passage of time and the fresh memories of current congressional malevolence.

In those days, I served as executive director of U.S. Term Limits, and was campaigning to place limits on the number of terms any person could spend in Congress. The idea was to disable politicians from holding power for decades without ever having to return home to live under the laws they had passed.

Back then Congress exempted itself from many of the laws it enacted. That practice has noticeably changed, as sometimes now the president must also be called in to exempt Congress from the laws it passes, as with Obamacare.

In 1992, working with citizen leaders in 14 states, we petitioned to place term limits initiatives on the ballot — the most states to ever vote on a single issue in the same election cycle. Voters in all 14 states approved term limits, including in Speaker Foley’s home state of Washington.

Washington’s Initiative 573 lost narrowly in Foley’s congressional district, but won statewide. The voters had spoken and, though the Speaker was returned to office for the next term, he was also now limited to no more than three additional terms, six years.

So, Speaker of the House Tom Foley sued in federal court to overturn the vote cast by the people of his state imposing term limits on him. It was neither the first nor the last time a politician sued his voters, but few campaign managers recommend it. Being a plaintiff in the lawsuit against term limits proved Speaker Foley’s undoing, a misstep from which he could not recover.

Foley and his spokespeople often cited the fact that folks in his district had sided against the term limits measure. True, but even among that very slim majority, his lawsuit to overturn the people’s vote felt like a slap in the face and was seen as an unmistakable sign Mr. Foley had “gone Washington.”

The other Washington.

As the 1994 election approached, congressional Republicans were embracing term limits in their Contract with America, and so was a young lawyer from Spokane named George Nethercutt, who was challenging Speaker Foley. Nethercutt not only claimed to favor term limits, he pledged to serve just three terms, as Washingtonians had voted, and he promised never to sue his constituents as Foley was doing. The term limits movement spent more than $300,000 on TV and radio spots and mailings reminding eastern Washington voters of all that Foley had done to deny their vote and block his own term limits.

On that election night some nineteen years ago, Tom Foley’s opposition to term limits made him the first Speaker of the House since the Civil War to be defeated for re-election. Historically, sitting speakers have been rarely defeated. In modern times, with the power of incumbency, it had never happened.

Galusha Aaron Grow, a Radical Republican from Pennsylvania, was the last speaker so turned out back in 1862, after a dozen years in Congress . . . but just a single term as House speaker. Ironically, Grow had replaced William Pennington, a New Jersey Republican who was defeated for re-election in 1860 after serving his only congressional term — the last portion of which he was installed as a compromise speaker.

Not much has been made of George Nethercutt’s amazing victory in 1994, because Nethercutt broke his word, refusing to step down from office after three terms.

Much is made of Foley’s historic defeat, however. In recognizing the passing of the former Speaker, Reuters reported that, “a conservative mood shift made him one of the few speakers ever defeated for re-election.” Time noted that, “Foley wasn’t the victim of scandal or charges of gross incompetence.”

Well, yes and no. Not “scandal” in a criminal way — or the X-rated sense that politicians are so fond of providing to a mass audience these days. But for the voters of eastern Washington, suing to overturn their vote for term limits was politically scandalous, indeed. (Personally, I like their standards.) As the Seattle Times explained in remembering the man, “Few things unleashed the ire of Mr. Foley’s constituents as much as his dogged campaign against term limits.”

Though he was wrong about term limits and I was right, let me say after 20 more years of experience that I like Mr. Foley’s style. He seemed a happy warrior, never inspiring personal animosity. Hey, in politics, that’s saying something.

Memories of Speaker Foley spark in me a remembrance of what the people of eastern Washington did at the polls some twenty years ago. Those voters certainly did not want to let a nice man like Tom Foley go. But neither could they countenance his lawsuit. They were not swayed in the least by the lavish gifts a Speaker of the House could bestow on their area, and instead, they voted, heroically, to fix the broken Congress.

May Speaker Foley rest in peace. And may none of the rest of us rest until we again have a Congress that truly represents the American people.

 

Paul Jacob is president of Citizens in Charge Foundation and Citizens in Charge and former executive director of U.S. Term Limits. His daily Common Sense commentary appears on the Web and via e-mail. This piece originally ran on the Town Hall website on Oct. 20, 2013.