Archives for category: Consulting

Election Day 2011 is fast approaching. Most eyes will be focused on the the regularly-scheduled off-year gubernatorial elections in Kentucky, Louisiana, Mississippi, as well as a special gubernatorial election in West Virginia. There are also legislative races Louisiana, Mississippi, New Jersey, and Virginia. Some pundits suggest that the collective results of these off-year races may serve as a bellwether for the 2012 general election.

Equally, if not more important, though, are the results of the referred and initiated statewide measures on the ballot.

Citizens in nine states–Arkansas, Colorado, Louisiana, Maine, Mississippi, New Jersey, Ohio, Texas and Washington–will have the opportunity to cast ballots in October on 34 ballot measures, including a dozen measures put on the ballot by citizen.

In terms of ballot bellwethers, topping all other campaigns is “Issue 2” on the ballot in Ohio. The popular referendum is an effort by citizens to repeal the anti-worker Senate Bill 5 that was signed into law by Governor Kasich. If Issue 2 goes down, it should be interpreted not only as a blow against conservatives in Ohio, but also Republicans pushing anti-worker policies in others states, including Florida, Indiana, New Jersey, and especially Wisconsin.

Social conservatives and pro-choice advocates will be turning their attention south, as Mississippi voters will confront an extreme anti-choice “personhood” amendment. Voters in Colorado have defeated a similar measure. Suffice to say, Mississippi is not Colorado.

The Huffington Post has good overviews of both of these issues:

A third measure to watch out for is a popular referendum in Maine that will overturn a Republican-sponsored law ending same-day voter registration in the state. Same day voter registration is a good governance issue, not a partisan issue, though Republicans in the state seem to think otherwise.  The Sun Journal has an update on the campaign, here: People’s veto probably a close to a slam-dunk.

Finally, anti-tax crusader Tim Eyman in Washington has an initiative on the ballot that fiscal conservatives around the country will be taking stock. Fearful of all things public-infrastructure, his pet-project would cut tolls used to pay for new bridges and highways in the state.  As it has done in the past, the business community has spoken up, joining Democrats and organized labor to oppose Eyman’s latest slash and burn measure, as the Seattle Post-Intelligencer reports:  The Association of Washington Business has come out against the Tim Eyman-sponsored Initiative 1125.

Rather than only reading the tea leaves from the 2011 candidate races, pundits should also consider the results of these ballot measures.  All four measures, as well as several others, will have implications for candidate races in 2012, from state legislative races to campaigns for Congress and the presidency.  As campaign consultants and pundits are increasingly realizing, ballot measures have a range of “educative effects,” as they can ply candidates with salient issues to support or oppose during their campaigns, mobilize turnout, and even prime candidate support.

For more on the scholarship of the “educative effects” of direct democracy, here’s a primer.

As much as TABOR has been an unmitigated disaster in Colorado, I welcome the opportunity to work again as an expert with the Office of the Colorado Attorney General, opposing the fruitless legal challenge (Kerr v. State of Colorado) to the constitutionality of the 1992 anti-tax ballot initiative.  In its unanimous 1912 decision, Pacific States Telephone & Telegraph Co. v. Oregon, the SCOTUS wisely held that a Guaranty Clause challenge to the mechanisms of direct democracy posed a nonjusticiable “political question.” Direct democracy–with its faux populism as much as its “educative effects“–is here to stay, despite the century-long efforts of elected officials to condemn the process.

Symposium, with articles by Michael P. McDonald and Christopher Z. Mooney, Daniel A. Smith, Andra Gillespie and Melissa R. Michelson, John Sides, Robert E. Crew, Ann Marie Murphy and Andreas Fulda, and Richard L. Engstrom and Michael P. McDonald

http://journals.cambridge.org/action/displayIssue?jid=PSC&volumeId=44&seriesId=0&issueId=02

Daniel A. Smith, “Generating Scholarship from Public Service: Media Outreach, Nonprofit Foundation Service, and Legal Expert Consulting,” PS: Political Science & Politics 44 (2011): 255-59.

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