Thursday, April 5, 2012

Harry Kresky: Independents to Minor Parties: Don't Fight Us; Join Us


California's minor parties -- Green, Libertarian and Peace & Freedom -- have brought their third lawsuit, Rubin v Bowen, seeking to overturn Proposition 14, the referendum by which the non-partisan "top-two" primary system was adopted in June, 2010. The core issue being raised is federal in nature, that their constitutional right to have a ballot line in the general election has been infringed.

Read more at Huffington Post

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Saturday, January 14, 2012

Kresky: America's Two Political Reform Movements (It's an Inside/ Outside Kind of a Thang)

I highly recommend this insightful article on the issue of political reform during this year's major political contest. Harry Kresky, counsel to independentvoting.org, speaks out for millions of independents across the country in a wide-ranging commentary that touches on No Labels' 12-point reform package, President Obama's appointments (to the Consumer Financial Protection Bureau and the National Labor Relations Board) and his non-appointments (to the Federal Elections Commission):

"Appointing independents to the FEC is one way of breaking down the partisans' control of the political process itself. Shouldn't the 40 percent of the electorate who self-identify as independents have representation on the body that oversees the electoral process?" 


America's Two Political Reform Movements
by Harry Kresky
Originally Posted on Huffington Post: 1/12/12 07:20 PM ET

President Obama's "recess" appointment of Richard Cordray as director of the Consumer Financial Protection Bureau has caused a partisan political flap. The GOP is threatening court action to redress what they see as an effort to circumvent the Senate's authority to confirm presidential appointments. The White House, with an eye on the 2012 election, responded that the people's business, particularly the business of protecting the middle class, will not be impeded by anti-consumer Republicans in Congress. A fine sentiment. But, if the White House only resists the partisanship of the Republicans, and never challenges the partisanship of both parties, it can have a hollow ring.

And so it goes inside the beltway. While the question of how to reform partisan politics looms large, No Labels, a political reform organization founded in 2010 and counting members and former members of Congress and government, businessmen, academics, pundits and political consultants among its founders and supporters, has weighed in on the controversy. Its solution: a 12-point package of Congressional rules changes announced in December that includes requiring the Senate to act on all presidential nominees within 90 days of their being named by the president.

Interestingly, while Obama made his controversial recess appointments to the Consumer Financial Protection Bureau and the National Labor Relations Board, he did not choose this moment to fill any vacancies on the Federal Elections Commission (FEC). The FEC continues to function, (badly, according to a January 6, 2012 New York Times editorial), with five of its six commissioners continuing to serve despite the expiration of their terms.

Democrats and Republicans in Congress, with the apparent acquiescence of the White House, prefer to let the agency continue in a state of bipartisan gridlock. The FEC has three Democratic and three Republican Commissioners. Legally, however, the Commission need not be bipartisan, the only requirement is that no more than three Commissioners are members of the same political party. It could be nonpartisan or multipartisan. The obvious solution, and one which IndependentVoting.org and other reform advocates such as Theresa Amato, executive director of Citizens Works, have advocated, is the appointment of several independents to the FEC (See February 2, 2010 op-ed in the Kansas City Star).

This and other "independent" solutions to overcoming partisanship inside (and outside) the beltway, including nonpartisan elections and open primaries, are back-burnered by No Labels and other reform organizations whose focus is on asking the partisans in Congress to reform themselves. No Labels had this to say when it announced its 12-point program for reforming Congress:
Our dozen proposals to make congress work mostly don't require new laws or any new spending, and they don't favor any party or particular cause. These are simple, straightforward proposals to break gridlock, promote constructive discussion and reduce polarization in Congress. They can be adopted, almost all at once, when the next Congress convenes in January 2013.

Leaving aside the difficulties inherent in asking Congress to reform itself, there is another set of reforms relating to how Congress gets elected, surely a critical component of engaging the question of who members of Congress should be accountable to -- the parties or the people who elect them. Appointing independents to the FEC is one way of breaking down the partisans' control of the political process itself. Shouldn't the 40 percent of the electorate who self-identify as independents have representation on the body that oversees the electoral process?

Others are Top Two primaries and nonpartisan redistricting reform. Top Two does away with party primaries that are dominated by small numbers of party activists, who tend to be more ideological. Instead, all candidates run on one primary ballot with the top two going on to the general election. Independents can fully participate, unlike the closed party primaries which bar them. Another outside-the-beltway reform is nonpartisan redistricting that aims to break up the current system which allows parties to bargain with each other for "safe" districts where the winner of the party primary is assured election in November.

Nonpartisan election administration, top two and redistricting reform take aim at the power of the parties themselves seeking to break their hold over the electoral and governing process. These reforms are premised on the belief that you cannot change what members of Congress do in Washington without changing how they get there.

Their advocates do not claim they can be realized "almost all at once... by 2013." They will be achieved by bottom-up fundraising, coalition building and organizing. The states that have adopted Top Two have done so in referendums in California and Washington state where the reform was adopted by a substantial majority. A petition drive to put a Top Two referendum on the ballot is underway in Arizona. States with Initiative and Referendum are also the most likely to enact meaningful redistricting reform.

Outside-the-beltway reform activists believe that the difficult and long-term effort it takes to achieve these reforms is a good thing. In the process of winning them and using them, the American people will become more developed and politically sophisticated and take direct responsibility for our democracy. Those who occupied Wall Street and Cairo's Tahrir Square were responding to the fact that career politicians who benefit from the status quo cannot be counted on to change it. Those interested in political reform should to take that to heart.

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Monday, October 31, 2011

Efforts Underway in at Least Six States to Lobby for Better Ballot Access Laws in 2012


BALLOT ACCESS
Efforts Underway in at Least Six States to Lobby for Better Ballot Access Laws in 2012 (Ballot Access News) In New York, Harry Kresky has been diligently working for a bill to replace mandatory petitions for candidate ballot access with filing fees. Kresky is chair of the election law committee of the New York County Lawyers Association. That association, as well as the New York City Bar Association, has already approved the idea. Now the work will begin to persuade the State Bar Association, and then to find a sponsor in the legislature.

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Thursday, August 11, 2011

Harry Kresky: America's Democracy Deficit


S&P DOWNGRADE
  • America's Other Deficit (Harry Kresky, Huffington Post) Partisanship is not a psychological illness. It is imbedded in the very structure of our political system. When times are good and the economy is growing, short term compromise (if not long term planning) can be achieved. When they are not, the ability of the political system to navigate tricky waters becomes less and less stable, more and more partisan.

  • Mayor Michael Bloomberg: 'We Have to Get Behind the President' (George Stephanopoulos, ABC News/George's Bottom Line) “And there can always be a third party candidate. But in the end if you take a look at what happened in the last election, and when people talk about third party candidates and say ‘Well they don’t have a chance so I got to go and pick the lesser of two evils of the major parties.’”

  • Johnston: Michael Bloomberg is a real cure for what ails us (By James Johnston, Milford Daily News - MA) In the 1960s, I was young and idealistic as was most of the rest of my generation. We knew what was going on and changed most of the things we didn't like in our society. Maybe we could not do the whole job of saving our world, but at least we made ourselves heard and did a substantial job of real reform. We ended a war, removed a corrupt president from office and secured civil rights for all of the citizens of this nation against awful opposition from the entrenched forces of the conservative right... Are there no idealistic and practical leaders around today? Yes there is at least one, and as mayor of New York, he is in plain sight...



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And Now a Word From IndependentVoting.org Networks


IndependentVoting.org Networks in the News:
  • S&P DOWNGRADE: America's Other Deficit (Harry Kresky, Huffington Post) Partisanship is not a psychological illness. It is imbedded in the very structure of our political system. When times are good and the economy is growing, short term compromise (if not long term planning) can be achieved. When they are not, the ability of the political system to navigate tricky waters becomes less and less stable, more and more partisan.  

  • 2012: Capturing the Disgruntled Independent Vote (MP3 AUDIO - interview with Anna Sale, WNYC/The Take Away) Audio report features Jackie Salit and independentvoting.org and Ted Downing 

  • NEW YORK: Rank partisanship poisons our political process (LETTER Staten Island Advance, By SARAH LYONS) Recently I was in front of Pathmark with a fellow Independent, talking to shoppers about what’s going on in Washington with the budget debate. Across the board — Democrat, Republican, independent — everyone we spoke with was deeply concerned about the partisanship that has come to define our political process.

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