Finding a knowledgeable, disinterested soul who likes Howie Rich's so-called Taxpayer Bill of Rights is like finding sweet tea north of the Mason-Dixon. It's rare. And where you find it, it's likely imported: a weak impostor, sweetened with something artificial and bottled with a pretty sticker. Consider the long list - and it's growing longer by the day, it seems - of those standing up against TABOR in person, in writing, in hale and hearty voice. The roster includes nearly every knowledgeable lady or gentleman to be found, plus nearly every town, city, board of this, council of that and committee of the other. Scratch only lightly the few who profess some appreciation for it, and you're likely to find someone who has a stake in its political ideology, OR someone who's relying haphazardly, with uncertainty, on the word of another. But the day of judgment comes, and that right soon, and regular folks and editors alike are getting their word in now, striking while the iron is hot.
And it's getting scary. Two weeks ago, Maine's Catholic Bishop said Rich's TABOR was bad news for Mainers. This week, the Christian Science Monitor itself decries his "corrupting use of initiatives." What next? Trumpets from the Almighty himself, delivered at 7 a.m. on Election Day across the land?
"The latest wrinkle in this once little-used form of citizen democracy is a cynical use of ballot measures that has less to do with the issues themselves and more with the kind of gloves-off power politics waged by both major parties," the CSM's editors write here http://www.csmonitor.com/.... "[A] corrupting use of initiatives is the fact that many may not even get traction without a few wealthy people, groups, or corporations putting up big money - often secretly - to pay for petition drives or for massive campaign advertising. Thirteen states, for instance, have measures that would restrict government from taking private land for use by private interests (a valid reaction to a 2005 Supreme Court ruling on this type of eminent domain). But in several of those states, the initiatives were launched with money from a wealthy New York libertarian, Howard Rich."
When I said that judgment day was coming for TABOR and these other initiatives, I didn't really mean Judgment Day, for cryin' out loud. But it looks like a divine hand may stretch forth like Moses's rod over the Red Sea. Talk about separatin' the wheat from the chaff, brethren.
Reporter Michelle Chen of the New Standard catches the connection between Rich and "regulatory takings" in a feature here http://newstandardnews.net/... where she writes, "Seizing on public anxieties, `property rights' activists across the country are pushing ballot initiatives that would make it easier for property ownership to trump government regulation by attacking what they call `regulatory takings'."
"They're using [eminent domain] as a Trojan horse to try to fool people into passing things that are harmful to them," said David Goldberg with the community-planning organization Smart Growth America.
"The ballot initiatives would essentially allow citizens to challenge state and local government actions they claim negatively impact property values, with some exceptions for health and safety protections. Under this scheme, if property owners prove they have suffered economic losses as a result of some measure - for example, a zoning ordinance - the government would have to either offer compensation or simply waive the regulation."
Chen notes that "takings" measures remain on the ballot in Washington, Arizona and Idaho but that initiatives in Montana and Nevada "have been stymied by legal challenges." I'll say.
"[T]the Chicago-based libertarian advocacy group Americans for Limited Government (ALG) is campaigning to spread Oregon's example throughout the country. The group is chaired by New York real-estate tycoon Howard Rich, who also runs the ALG-affiliated Fund for Democracy, which `provides seed money to state initiative campaigns,' according to the ALG website. Rich and ALG do not disclose detailed information about their funding sources. But according to an analysis of campaign-disclosure documents by the watchdog group Center for Public Integrity, in the four states with active ballot initiatives this November, some 85 percent of the campaign funding, or $4.9 million, has filtered through advocacy organizations associated with Rich.
Reporters David Madrid and Amanda Crawford find Rich at the helm in their own report on the "takings" issue here http://www.azcentral.com/.... Seems Arizonans realize the measure could threaten their chances of keeping Luke Air Force Base open. "The proposition would destroy efforts to protect Luke and other military bases from residential encroachment, Rep. John Nelson, R-Glendale, argued [recently]."
Rich's former employee Lori Klein, now Mrs. Laird J. Maxwell, adopts her old boss's penchant for communicating with the media only through email, and she tells Madrid and Crawford that the Luke AFB threat is non-existent. "The Luke Air Force Base argument is a canard, designed to distract people's attention away from the real issues," they quote her.
Like Chen of the New Standard, Madrid and Crawford give credit where it's due: "The measure is similar to those on the ballot in several other states, and is funded almost entirely by Americans for Limited Government, led by New York real estate mogul Howard Rich."
Friends, before you read any further of the news from Maine, you have to go here and check out "Both Ways Bill," also known as Governor Bill Owens of Colorado: http://www.coloradopols.com/....
Editors of the Bangor Daily News have decided, notwithstanding Jeff Tuttle's front-page puff piece on Saturday's edition. (Yes, come on, it was a puff-piece, y'all. That big, handsome glamour shot of Mary in soft-focus and her friend Flicka in the background, all above the fold? And those stingy mug shots of the pro-Mainers below the fold? Tsk, tsk. It took my breath away, truly. "Gloves come off?" Really?)
So, anyway, Tuttle's bit is here http://www.bangornews.com/... and he captures Adams's range of emotions: She frustrated! She's an activist! She's disgusted! She's scrupulous! She offers proof! She don't need no stinkin' polls; she knows how Mainers think from READING THEIR EYES! (Somewhere, a crowd roars!) And as for those who disagree, by gum, "as far as I'm concerned we can sweep them right out of the state"!
Those with weaker constitutions would do well to chew a baby aspirin before clicking through the link, friends, or to keep a vial of sniffing salts.
Nevertheless, cooler minds prevailed on the editorial page, where editors declared here http://morningsentinel.mainetoday.com/... that "TABOR is too negative, confining and unnecessary."
"Groups that support the Taxpayer Bill of Rights ballot initiative fairly say that Maine has been largely unsuccessful in lowering its tax burden, a result of the absence of leadership on state and local budget reform," they write. "But instead of placing their trust in the public's ability to understand its responsibility, their solution is to install narrow, formulaic tax-and-spending restrictions. TABOR is the mechanical alternative to representative government; it is the machinery to which Maine would surrender when it has lost faith in its ability to govern itself. Maine must not be so willing to surrender."
That follows similar editorials from the Kennebec Journal and the Morning Sentinel, by the way. Only the Maine Sunday Telegram says in polite company that it doesn't oppose the measure.
But if I get such an opportunity, I'm going to nominate the Portland Press Herald for a "going out of one's way to get the story" award, seriously. Editor Jeannine Guttman sent reporter Tom Bell and photographer Doug Jones up to where the air is clear to bring back first-hand knowledge of TABOR's savagery. The result is reportage with "added depth," Guttman writes here http://pressherald.mainetoday.com/.... "We made that decision because we knew the journalism gathered would be stronger, making the final reportage more valuable to our readers," she writes, and I agree. Take the time to click through the link and catch their coverage.
Likewise, Belgrade, Maine's elected leaders have passed judgment on TABOR - weighed it, measured it and found it wanting here http://kennebecjournal.mainetoday.com/... "TABOR establishes poorly designed and irrational budget restriction formulas that attempt to dictate the amount of money local voters can raise and spend to provide municipal and school services, directly interfering with local control over crucial budget decisions," wrote the board of selectmen in a resolution. Spoken like true Mainers, ayah.
Ogunquit selectmen have made their decision, too, reports Jim Kanak here http://www.seacoastonline.com/... "The general consensus was that, while there are problems with spending in the state, they are not usually at the municipal level and, thus, TABOR is not the answer."
Donato Tramuto raised several issues about TABOR, Kanak said, most notably the requirement of a two-thirds vote to override TABOR. "We already have a democratic system, where the majority rules," he said. "Now there's a two-thirds vote required?"
MSAD 71 Superintendent Tom Farrell has decided, and he brings some personal experience in Colorado to his decision-making, as reporter Joshua Bodwell explains here http://www.seacoastonline.com/.... "Before taking the helm as MSAD 71 Superintendent, Dr. Tom Farrell spent years in the same role in Aspen, Colo. Farrell was working in Colorado when that state amended their constitution in 1992 with a Taxpayers Bill of Rights (or TABOR)," Bodwell opens. "Farrell says he and his Colorado colleagues had no idea what the repercussions would be when that state adopted the tax-capping measure."
"If TABOR passes in Maine," Farrell tells Bodwell, "I bet we'll see changes at this school district almost overnight."
That cheering you may be hearing, constant reader, may be the folks at the Maine Heritage Policy Center. I doubt it's the kids and parents of MSAD 71.
But if it IS the folks over at MHPC, they may need to spend that energy figuring out how to explain themselves - or defend themselves - to the Commission on Governmental Ethics and Election Practices. Uh-oh. Reporter David Farmer writes here
http://www.sunjournal.com/... that Carl Lindemann, "a former and future Maine resident and current Texan," has filed a complaint "which alleges that many of the policy center's activities in support of TABOR should require disclosure."
Farmer says the ethics commission has "briefly considered the matter" but is giving the parties "until Oct. 31 to investigate and respond to the complaint."
Some Mainers foresee banner business for litigants and litigators if TABOR passes, reports Trevor Maxwell here http://pressherald.mainetoday.com/.... "The actual scope of changes in law brought about by TABOR, if adopted, will not be fully apparent until courts are required to interpret its provisions," he cites lawyer Robert Frank, who has written a 32-page review of the measure. "You just can't get a definitive answer to what some of these things mean. Voters have to make their own guesses," Frank tells Maxwell.
"Because of the framing of the Maine Constitution, the proposal would be binding at the local level but would remain essentially voluntary at the state level," Frank explains. In his review, Frank writes, "The Maine Legislature will retain the power to enact new measures that are inconsistent with the TABOR restrictions. By contrast ... cities, towns and school districts do not have the power to enact new measures inconsistent with TABOR's limitations."
Catch Frank's whole, brilliant analysis here: http://pressherald.mainetoday.com/....
Mainer Sasha Hayes-Rusnov of Winslow has decided, as he outlines here http://morningsentinel.mainetoday.com/... "[N]owhere in the TABOR bill does it say it will lower taxes. What it does say is that town budgets have to grow based on the federal rate of inflation, a number set by the national Department of Labor. Inflation reflects the cost of goods for an average family. When our towns have to buy plows and fire trucks, does it make sense to base their budgets on the cost of milk and eggs? Proponents say that TABOR doesn't require cuts in services, but they don't acknowledge that if we try to run a government on a family's budget, we will not have good government. Then they insinuate that TABOR would ease taxes. The bill is 13 pages long, and on Nov. 7 voters will see three lines. There is more to this than its authors want you to see."
Mainer Gary Sainio of Washington weighs in here http://kennebecjournal.mainetoday.com/... "Far from being a sea-worthy ship, TABOR has more holes in it than Swiss cheese. TABOR sunk Colorado health care, high school graduation rates, crime control, immunization of children and quality K-12 education. It took a massive multimillion dollar struggle there to suspend TABOR and get the state moving again. Chambers of commerce and businesses in Colorado worked to get rid of TABOR in their state because it was so bad. We don't need another TABOR disaster in Maine."
Meanwhile, the Young Republicans at the University of Maine, those rascally contrarians, are throwing their weejuns in the gears to get TABOR passed, writes reporter Brian Sylvester here http://www.mainecampus.com/.... Guess they haven't heard about what happened at the University of Colorado.
"With less than three weeks before the November elections, the University of Maine chapter of the College Republicans is working hard to raise voter awareness and campaign for their candidates. In this election year, the group is also focusing its energies on trying to address tax problems. Co-Vice Chairman Cameron Wise said that one of their biggest goals was `getting business back into Maine'."
Look, boys, Cameron got quoted. Good thing he had the talking points with him.
"We really need to encourage businesses to boost our economy in Maine," Wise told Sylvester. "The Taxpayer Bill of Rights (TABOR) is thought to be one way of addressing rising taxes, especially for small businesses. TABOR would establish limits on the growth of year-to-year expenditures for all levels of government, and establish limits on the abilities of the government to make new taxes. The College Republicans are working to convince voters to write TABOR into law by voting 'Yes' on Question 1 on the November ballot."
I loved that "is thought to be" bit. See, that's called "deniable plausibility," so if it passes and Maine goes down the drain, it can be said that "it was thought to be" a good idea at the time. By someone. But don't blame "me."
Sadly, Sylvester writes, "One of the biggest hurdles to getting the word out about Republican platforms and encouraging people to vote is the negative reputation of the Republican Party."
You can write your own response to that, constant reader.
From Nebraska comes this note by reporter Henry Cordes: http://www.omaha.com/.... Cordes finds that "Initiative 423 over time would lead to hundreds of millions of dollars in cuts or rebates of sales, income or other state taxes. Figures show that if the spending limit's basic formula were applied to the state's budget over the past 10 years, general fund spending would be $600 million less today."
In the same edition, contributing editor Harold Andersen adds another excellent chapter in his occasional series on Howie Rich's activities in the Cornhusker State. A sample: "In efforts to use their wealth to help write their political philosophy into the Nebraska Constitution, wealthy New Yorker Howard Rich and his associates have now passed the 1million-dollar mark in funds sent into Nebraska. In what I consider an embarrassing contrast, Nebraska promoters of the `Stop Over Spending' constitutional amendment had contributed a total of $7,850 as of Oct. 3."
"Like every other state, Nebraska, of course, needs to review and revise its state tax system as often as clearly necessary, and some revisions are in order now. But made-in-Nebraska revisions would be infinitely more difficult if the Nebraska Legislature is put into a constitutional straitjacket figuratively designed by a rich New Yorker."
Mmm.
Oregonian firefighter Jason Hachmuth has made his decision about Rich's measures, and he announces it here http://www.westlinntidings.com/... writing, "If you were in a fire or a car accident, you would rely on Firefighters, State Police, and investigators to protect you. Ballot Measures 41 and 48 will cut funding for state troopers and local first responders, harming Oregon's ability to respond to emergencies and to keep our communities safe."
"Oregon already has fewer state troopers on the road per capita than any other state in the country. If Measure 41 passes we could lose 18 more troopers. If Measure 48 had been in place since 1990, we would have lost 83 troopers on top of what's already been cut over the last decades. If these measures pass, law enforcement agencies won't be able to adequately address meth trafficking around the state."
But didn't it work for Colorado, as CO Governor Bill Owens is telling Mainers on television ads airing right now?
"Measure 48 would insert a flawed formula into Oregon's constitution. It would cut at least $2.2 billion from the 2007-2009 budget, and it is so poorly written and confusing that it may even be retroactive. It's based on a measure that devastated Colorado so badly that Coloradans suspended it last year. Measure 48 is even worse because it wouldn't allow for immediate access to funding for emergencies," Hachmuth writes. "The proponents offer reassurance - saying that if Oregon experiences a large-scale emergency, we can rely on the federal government for help. The very idea that supporters of Measure 48 think that FEMA will take care of us shows just how out of touch they are."
Yeah, that didn't work so well in New Orleans. I see your point, Jason. But aren't Oregonians in favor of these measures? Aren't they homegrown ideas?
"Measure 48 is being pushed by Howard Rich, a New York developer who has given nearly $1 million to the campaign," he tells us. "I believe that Oregonians should not let out-of-state individuals make our state less safe. For the future of Oregon, I hope you will join me in voting NO on Ballot Measures 41 and 48."
Guess that answers all my questions.
The editors of the Register-Guard pass judgment against Rich's measures in Oregon here http://www.registerguard.com/... where they make a fascinating point: "The most striking fact about this year's crop of initiatives is that half of them have the financial backing of one person - Howard Rich, a New York City real estate magnate. Rich is behind Measure 39 (limits condemnation), Measure 40 (judicial districts), Measure 41 (state income tax cut), Measure 45 (legislative terms limits) and Measure 48 (state spending limit). Through a web of organizations, Rich is also bankrolling term-limits and property-rights initiatives in nearly a dozen other states."
Wowsa. Five chances to make a friend in the Register-Guard, and they yield five strikes in a row.
O, but they continue: "This isn't the first time well-heeled out-of-state interests have bankrolled initiatives in Oregon, but the size of Rich's political footprint is unprecedented. Groups and individuals operating at the national level have discovered that they can push their agendas at a relatively low cost, and without legislative oversight and review, in states that provide access to the ballot through the initiative. Oregon's initiative was conceived as a vehicle for grass-roots politics and citizen lawmaking. That ideal has been stood on its head, with half the initiatives on the ballot arising through the efforts of one man who is not a citizen of the state. Voters who think that one, several or all of Rich's initiatives are appealing should ask themselves: If these measures are good for Oregon, why didn't someone from Oregon put them forward?"
Had me scratchin' my head, too, editor!
The few Oregonians who profess to love TABOR and "takings" are running out of "steam," say the Oregonian editors here http://www.oregonlive.com/.... "Don McIntire opened his spiritless defense of Measure 48 on Friday afternoon by invoking the name and errant optimism of Don Quixote, then made it painfully clear that the windmills have worn him out," they open. It doesn't get any better for McIntire, also known as "the Don Corleone of Oregon's initiative system." One can hope that was meant complimentarily, but I suspect it wasn't.
For more reading from Oregon, click here http://www.oregonlive.com/....
Washingtonian Steve Erickson has passed judgment on Rich's "takings" measure, as he writes here http://www.whidbeynewstimes.com/... "Is Washington for sale to a New York real estate speculator with an extreme anti-government agenda? You'll get to decide on election day. Initiative 933 masquerades as a homegrown response to excessive government regulation. Who is really behind I-933? The key money is coming from a few anti-government groups based in New York and the Midwest. These groups have names like Americans for Limited Government, Americans for Tax Reform, America at Its Best, and Club for Growth. But scratch a little deeper and you'll find one Howie Rich, big-time New York real estate speculator. He's spending big money to sell his anti-government ideology. Rich and his front groups have poured over $7.3 million into ballot initiatives in at least 11 other states this year: Arizona, California, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, Ohio, Oklahoma, and Oregon. In Washington, Rich's Illinois based front group Americans for Limited Government paid $260,000 for signature bounty hunters to get "grassroots" I-933 on the ballot."
"Montana and Oklahoma judges have kicked Rich's initiatives off the ballot in those states because of fraud and deception in gathering petition signatures. Other states have ongoing criminal and civil investigations."
"What I-933's backers won't talk about is why their "grassroots" initiative needed paid signature bounty hunters. And why they needed out of state money from Howie Rich's anti-government machine. Oregon Governor Ted Kulongoski has challenged Rich to a debate. Rich refused. The real issue with I-933 is whether our state - and our democracy - are for sale to rich anti-government extremists."
There's more, but I'll leave you to read Erickson yourself.
For more on the Washington campaign, read John Dodge here: http://159.54.227.3/....
For more information on the California campaign, click here http://www.sacbee.com/....
Exeunt, players. Get your credits here:
ARIZONA
http://www.azcentral.com/...
Reporters David Madrid and Amanda Crawford, "Proposition 207's impact on Luke AFB debated"
CALIFORNIA
http://www.sacbee.com/...
Editors, "Beware smoke that hides Proposition 90's aims"
COLORADO
http://www.coloradopols.com/....
"Both Ways Bill"
MAINE
http://kennebecjournal.mainetoday.com/...
Editors, "Belgrade weighs in against TABOR"
http://www.mainecampus.com/...
Reporter Bryan Sylvester, "Republicans ramping up in final weeks before Nov. 7"
http://www.seacoastonline.com/...
Reporter Jim Kanak, "Officials dissect local impact"
http://www.seacoastonline.com/...
Reporter Joshua Bodwell, "Super weighs in on TABOR"
http://morningsentinel.mainetoday.com/...
Mainer Sasha Hayes-Rusnov, "TABOR never says it would lower taxes"
http://www.bangornews.com/...
Reporter Jeff Tuttle, "Gloves come off in debate over state tax reform initiative"
http://morningsentinel.mainetoday.com/...
Editors, "Bangor paper favors Baldacci, not TABOR"
http://pressherald.mainetoday.com/...
Reporter Trevor Maxwell, "Bottom line: Courts will have to clarify cap"
http://pressherald.mainetoday.com/...
Attorney Robert Frank, "Tabor: A legal analysis"
http://pressherald.mainetoday.com/...
Editor Jeannine Guttman, "Colorado visit gives TABOR coverage added depth"
http://www.sunjournal.com/...
Reporter David Farmer, "Think tank's role questioned"
http://kennebecjournal.mainetoday.com/...
Mainer Gary Sainio, "Too many holes make TABOR unwelcome plan"
NATIONAL
http://newstandardnews.net/...
Reporter Michelle Chen, "State Initiatives May Use `Property Rights' to Deregulate"
http://www.csmonitor.com/...
Editors, "Saving ballot initiatives from abuse"
NEBRASKA
http://www.omaha.com/...
Reporter Henry Cordes, "Spending lid might come down hard on education"
OREGON
http://www.registerguard.com/...
Editors, "That's no on 9 of 10"
http://www.westlinntidings.com/...
Oregonian Firefighter Jason Hachmuth, "Say no to Measures 41, 48"
http://www.oregonlive.com/...
Editors, "McIntire losing steam and debates"
http://www.oregonlive.com/...
Editors, "Measures 48 and 41: two steps backward"
WASHINGTON
http://www.whidbeynewstimes.com/...=
Washingtonian Steve Erickson, "Sound Off: Don't pay ransom to developers"
http://159.54.227.3/...
Reporter John Dodge, "Opponents nearly triple I-933 backers' funds"