A Good Try, Fort Wayne

A recent newspaper article reported on the demise of a “controversial” Fort Wayne ordinance–another victim of Indiana’s lack of genuine (or even pretended) home rule.

The ordinance (which in a fair and honest world should not have been controversial) addressed the common political practice called “pay to play,” the cynical shakedown of people who want to do business with local government.

In her 13-page ruling, Judge Jennifer DeGroote blocked the city from enforcing the ordinance that restricted how much money the owners of a company could give elected officials and still bid on city contracts.

The ordinance forbid any company from bidding on a city contract if any owner, partner or principal who owns more than 10% of that company gave more than $2,000 to the political campaign of a person with responsibility for awarding contracts.

“The city of Fort Wayne attempted to address legitimate concerns regarding quid pro quo exchanges or pay to play arrangements that tie contracts for professional services to contributions made to elected government officials who have authority to influence the awards of such business,” DeGroote wrote. “However, the court finds that efforts by Fort Wayne, as well-intentioned as they may be, to address such practices in the 2018 ordinance is not permitted under current Indiana law as no such authority has been extended to municipalities.”

Specifically, DeGroote’s ruling stated that the ordinance was superseded by state law, specifically the Home Rule Act, which grants municipalities the ability to self-govern in areas not covered by the state. Elections, under state law, are the domain of the Indiana Election Commission.

Every time I see a reference to Indiana’s “Home Rule Act,” I snicker. The title belongs with other dishonest efforts to turn sows’ ears into silk purses. (George W’s “Clear Skies Act” comes to mind.) In reality, Indiana’s cities and towns operate under numerous onerous restrictions, forcing municipal policymakers to “kiss the rings” of state lawmakers in order to do much of anything.

One recent example: Indianapolis had to beg the General Assembly for permission to hold a referendum to determine whether we could tax ourselves to improve our mass transit system. It took three years, and even then, our state overlords prescribed permitted and forbidden modes of transit that they would allow us to consider paying for.

Fort Wayne’s effort to clean up an unsavory and unethical fundraising practice ran afoul of the reality that governance in Indiana operates under the heavy hand of an excessively gerrymandered state legislature.

There are two lessons here: First–as many of us have said repeatedly– Indiana really, really needs genuine home rule. And second, laws patterned after Fort Wayne’s rejected ordinance should be statewide. (Nationwide, actually.)

Perhaps a legislator from Fort Wayne–or anywhere– could introduce a similar measure during the next session of the General Assembly. It wouldn’t pass, of course, but it might shine a light on just how corrupted the process has become.

Comments

The Non-Abstract Effects Of Gerrymandering

It’s hard not to be bitter in the wake of the Supreme Court’s intellectually dishonest refusal to protect the legitimacy of democratic governance.

For one thing, over the past couple of years, as I have delved more deeply into the research, I’ve discovered that gerrymandering–aka partisan redistricting–does more than skew election results. A lot more.

I’ve previously pointed out that here in Indiana, where partisan redistricting has carved up metropolitan areas and subordinated urban populations to rural ones, gerrymandering has given us distribution formulas favoring rural areas over cities when divvying up dollars for roads and schools, among other inequities.

And a recent article in The Guardian has connected gerrymandering to the recent spate of radical abortion laws.

Fifty-four thousand votes out of nearly 4 million. That’s what separated Stacey Abrams from Brian Kemp in Georgia’s 2018 gubernatorial election, a sign of how closely contested this once reliably red, southern state has become.

Earlier this month, however, Georgia’s legislature responded to the state’s closely divided political climate not with thoughtful compromise but by passing one of the most restrictive abortion bansin the United States.

An April poll by the Atlanta Journal-Constitution found that 70% of Georgians support the landmark Roe v Wade decision that legalized abortion. The new state ban is opposedby 48% of Georgians and supported by only 43%. So why would the legislature enact such an extreme measure?

For that matter, why would Ohio, Alabama, Missouri and other states establish similar “fetal heartbeat” laws that are far more restrictive than their constituents support?

One important answer is gerrymandering: redistricting voting districts to give the party in power an edge – making it almost impossible for the other side to win a majority of seats, even with a majority of votes. Sophisticated geo-mapping software and voluminous voter data turned this ancient art into a hi-tech science when the US redistricted after the 2010 census.

Give credit where it’s due: the GOP has been far more adept at using these new tools than the Democrats (probably because Republicans recognize that they are increasingly a minority party and must cheat if they are going to win).

As the Guardian reports, gerrymandering has allowed the GOP to control state legislatures with supermajorities even when voters prefer Democratic candidates by hundreds of thousands of votes. Gerrymandering thus nullifies elections and insulates lawmakers from democratic accountability.

Despite lacking any mandate for an extreme agenda in a closely divided nation, Republican lawmakers have pushed through new voting restrictions, anti-labor laws, the emergency manager bill that led to poisoned water in Flint, Michigan, and now, these strict abortion bans. Electorally, there’s little that Democrats can do to stop it.

The article outlined evidence of extreme gerrymandering in several states where legislatures have passed laws not supported by voters.

In Ohio, the article pointed to “zero evidence” that voters hold extreme opinions on abortion, and noted that polls show more voters opposed to that state’s new “heartbeat” bill than supportive of it. A University of Chicago study showed that barely half the total vote in Ohio gave Republicans more than 63% of the seats– simply because the maps were “surgically designed” to ensure that few seats would be competitive.

There’s a lot more data, and I encourage you to click through and read the entire article. But (as I have repeated endlessly) the bottom line is simple: the only way to overcome the unfair advantage Republicans have built for themselves is massive turnout. As I posted yesterday, unusually high turnout in the 2018 elections was enough in many districts to overcome built-in advantages as high as 5-8 points.

We need to remind discouraged voters that gerrymandering is based upon prior voting behavior. If people who rarely or never vote show up at the polls, a significant number of supposedly safe seats can change hands.

It has never been more important to get out the vote. America’s future–and that of our children and grandchildren–depends upon it.

Comments

Turnout, Vote-By-Mail And Gerrymandering

The Supreme Court, in an indefensible 5/4 ruling, has declined to stop political parties from engaging in extreme gerrymandering. (Thankfully, allowing the Trump Administration to add a citizenship question to the census was evidently a bridge too far….)

Readers of this blog have read my previous analyses of partisan redistricting, and I won’t repeat them here. I will simply link to the opinion, including Justice Elena Kagan’s dissent, with which I entirely agree.

That said, here we are. The Court has narrowly declined to enforce “one person, one vote,” and the remedy for that shameful refusal must come from voters. That means that the 2020 election becomes even more important than it already was–impossible as that may seem.

As I have noted before, in order to overcome a gerrymander, the “minority party” in a district that has been drawn to be safe for the majority party needs massive turnout. That’s hard, but it can be done. In the 2018 midterms, Democrats in numerous districts turned out in sufficient numbers  to overcome the considerable advantages built in by the GOP.

Although it may be the most effective, gerrymandering is only one of the voter suppression tactics employed by Republicans who recognize that they are increasingly a minority party. If the Court will not provide a tool for challenging partisan redistricting, Democrats–together with independents and any remaining rational Republicans–must engage in grass roots efforts that encourage, rather than suppress, turnout.

One of the most effective of those efforts is conducting the vote by mail, as this recent article documents.

“The ballot belongs to the voter, not the government,” said Phil Keisling, the former secretary of state of Oregon. “As long as it can be done with safety and integrity, it’s the obligation of the government to get it to me. It’s not my responsibility to qualify for it and get it.”

Many states are taking that goal seriously, and to meet it, they are taking steps to abolish the traditional polling booth….

In Washington, Oregon and Colorado — and any minute now, Hawaii, where the governor is about to sign a new law — there are no longer traditional polling places. (California is also rolling this out county by county; by the 2020 election, half of voters will get a ballot at home.) The states mail ballots in bar-coded envelopes to every registered voter several weeks before the election. It’s automatic; the voter doesn’t need to request it.

Those states are blue or purple, but home voting is also growing in red states. Voters in 28 of Utah’s 29 counties automatically get ballots at home. Nebraska and North Dakota also use it, to varying degrees. And nearly half of states allow certain elections to be conducted entirely by home voting. It allows voters to mark their ballots at their leisure and either mail it back or drop it in a ballot drop box. (Most use a drop box, which is why it’s not entirely accurate to call it vote-by-mail.) Some states allow voters to track the progress of their ballots electronically.

Not surprisingly, home-voting states have high turnout, and there is some evidence that when political subdivisions shift to voting by mail, turnout increases.

Between the midterm elections in 2014 and 2018, Utah rolled out home voting and had the greatest rise in turnout of any state. The five California counties that switched to home voting in 2018 increased their turnout more than the rest of the state.

Obviously, there is not time between now and November of 2020 to institute vote-by-mail or the myriad other changes that would increase turnout by making voting more convenient–making Election Day a holiday, instituting same-day registration, etc. The challenge for those of us who are appalled by the mounting efforts to deny citizens a genuine voice in governance (efforts that have included packing the courts with rightwing ideologues) is obvious: we must devote massive time and effort to getting out the vote in 2020.

We need a citizen tsunami sufficient to overcome the blatantly rigged districts the Supreme Court has declined to rule unconstitutional.

Huge turnout would likely allow Democrats to eject not just the corrupt and unfit Trump Administration, but also wrest control of the Senate from McConnell, and clean out the GOP’s state and local enablers. Americans can then focus grassroots efforts on electing politicians who will commit to drawing fair districts.

If that tsunami is big enough, it might even allow old-fashioned Republicans appalled and dispirited by what the GOP has become to retake their party.

If that doesn’t happen…history will record Mitch McConnell’s capture of the Supreme Court  and the GOP’s unhindered voter suppression as a successful coup d’etat.

Comments

We The Guinea Pigs

We Americans are obsessed with the content of our food–but generally, for all the wrong reasons.

Trendy urbanites worry about genetically modified foods, ignoring the fact that pretty much everything humans have consumed for the past couple of centuries has been genetically modified (we call those hybrids). Popular magazines peddling the diet of the moment wax poetic about eating like a caveman, or avoiding carbohydrates, or….the list is endless.

What we don’t tend to obsess about is the very real damage being done to public health thanks to our abiding faith in herbicides and pesticides.

The Guardian recently had an eye-opening article.Here’s the lede:

The recent headlines announcing billions of dollars in damages to people who have gotten cancer after using Roundup are just the tip of a very large iceberg. There are over 1,000 lawsuits against Monsanto’s parent company, Bayer, waiting to be heard by the courts. Beyond concerns about that specific glyphosate-based weedkiller, we should be talking about the innumerable other potentially punishing chemicals in our food system.

After all, our food and our health are deeply connected. American healthcare spending has ballooned to $3.5tn a year, and yet we are sicker than most other developed countries. Meanwhile, our food system contains thousands of chemicals that have not been proven safe and many that are banned in other countries.

As the article points out, unlike European systems, the American regulatory system (routinely criticized by business interests as overactive) doesn’t operate on what is called the “precautionary principle.” Potentially hazardous substances aren’t banned from our foods; instead, chemicals are typically considered innocent until proven guilty.

That’s a great principle in criminal justice, but not so great when applied by the FDA.

As the article puts it,

As a result, we are the guinea pigs in our own experiment. And our desire for food that is fast, cheap and abundant only compounds the speed with which we are introduced to new, untested substances.

Much of the problem can be attributed to our disdain for the natural world, and the quintessentially American belief that we can always bend nature to our wishes.

For decades we’ve operated on the principle that if we can selectively kill off the unwanted parts of the natural world, we can control our futures. Farmers operate that way, but also homeowners, highway crews and landscapers. We spread herbicides, fungicides, pesticides, insecticides, fertilizers, antibiotics, hormones and various other toxins which kill everything around. Even good things.

We’re becoming aware of the loss of what we can see: bees, butterflies, the diverse plant life of our ecosystems. We also need to worry about the invisible microbiome and fungi in the soil that nurture life above, store carbon and absorb water.

Not only have we not improved on nature, what the herbicides, antibiotics and pesticides have done is breed bugs, weeds and disease increasingly resistant to our control.

And our chemical onslaught will have long-term effects. Our fertilizers and pesticides leach into groundwater and streams, head out to sea and create dead zones and red tides. They also leach into our drinking water. Take Atrazine, a weedkiller made by the Swiss company Syngenta (and also banned in Switzerland), which is found in wells all across America. The list of potential health risks of Atrazine causes is too long to list in its entirety, but it includes cancer, poor birth outcomes and developmental defects.

The next time you hear some under-educated ideologue ranting on about the evils of regulation, you might think about the real issue, which isn’t whether to regulate, but how and what to regulate.

We might begin by respecting science and expertise, and by electing people who will fill our agencies with people who actually know what they are talking about–people who care about safeguarding the public good–rather than anti-science camp followers who are firmly ensconced in the pockets of political donors.

Comments