Category Archives: Politics

Wichita has examples of initiative and referendum

Citizens in Wichita have been busy exercising their rights of initiative and referendum at the municipal level. The Kansas Legislature should grant the same rights to citizens at the state level.

What recourse do citizens have when elected officials are not responsive? Initiative and referendum are two possibilities. Citizens in Wichita have exercised these rights, but Kansans are not able to do this at the state level.

Initiative is when citizens propose a new law, and then gather signatures on petitions. If a successful petition is filed, the matter is (generally) placed on a ballot for the electorate to decide whether the proposed law will become actual law. Examples are the initiative to add fluoride to Wichita water (which voters rejected) and reduce the penalties for possession of small amounts of marijuana (which passed, but has not taken effect pending legal action by the Kansas Supreme Court.)

Referendum is when citizens petition to overturn an act passed by a governing body. An example is the 2012 repeal of a charter ordinance passed by the Wichita city council.

So at the municipal level in Kansas, citizens have the right of initiative, although in practice the right is limited. The right of referendum is more narrowly limited. But at the state level, there is no possibility for citizens to exercise initiative or referendum. The law simply does not allow for this.

Policies, not politicians

Initiative and referendum allow citizens to vote on specific laws or policies. This is contrasted with elections for office, where voters must choose candidate A or candidate B. Voters have to take the entire package of positions associated with a candidate. It isn’t possible to select some positions from candidate A, and others from candidate B. So when a candidate wins an election, can we say why? Which of the candidate’s positions did voters like, and which did voters not like? Results of regular elections rarely provide a clear answer.

Initiative and referendum, however, let citizens vote on a specific law or proposal. There is little doubt as to the will of the voters.

There’s a difference between voting for politicians and voting for policies. When given a chance, Wichitans have often voted different from what the council wanted. An example is the 2012 overturn of a charter ordinance the council passed. Another is the failure of the sales tax in November 2014. That was on the ballot not because of citizen initiative, but it is an example of voting directly for an issue rather than a candidate. Citizens rejected the sales tax by a wide margin, contrary to the wishes of the city council, city hall bureaucrats, and the rest of Wichita’s political class.

It’s different voting for policies than politicians. For one thing, the laws passed by initiative don’t change, at least for some period of time. But politicians and their campaign promises have a short shelf life, and are easily discarded or modified to fit the current situation.

Politicians don’t want it, which is its best argument

Generally, politicians and bureaucrats don’t want citizens to be empowered with initiative and referendum. When the city council was forced to set an election due to the successful petition regarding the Ambassador Hotel issue, reactions by council members showed just how much politicians hate initiative and referendum. Council Member Pete Meitzner (district 2, east Wichita) wanted to move the election to an earlier date so as to “avoid community discourse and debate.”

Council Member Janet Miller (district 6, north central Wichita) expressed concern over “dragging this out,” and said she wants to “get it over with as soon as we can so that we can move on.”

In his remarks, Mayor Carl Brewer advocated having the election as soon as possible. He told the city “By doing that, it eliminates a lot of turmoil inside the community, unrest.”

As you can see by these remarks, politicians don’t like citizens second-guessing their actions. Initiative and referendum gives citizens this power. John Fund said it best: “Without initiatives and referendums, elites would barely bother at all to take note of public opinion on issues they disdained — from supermajority requirements to raise taxes to term limits. They serve as a reminder that the experts sometimes have to pay attention to good old common sense.”

Petitioning is not easy

A criticism often leveled against initiative and referendum is that ballots will be crowded with questions submitted by citizens. But as anyone who has been involved in a petitioning effort knows, filing a successful petition is not a simple matter. The first petition effort to relax Wichita marijuana laws failed, with the election commissioner ruling that an insufficient number of valid signatures were submitted. (Generally, petition signers must meet certain requirements such as being a registered voter and living within a certain jurisdiction.) Now the Kansas Attorney General contends that the second petition by the same group is defective because it lacks the proper legal language. It is common for the validity of petitions to be contested, either by government or by special interest groups that believe they will be adversely affected.

How to get it

It will take an amendment to the constitution for the people of Kansas to have initiative and referendum rights at the state level. That requires passage in both chambers of the legislature by a two-thirds margin, and then passage by a majority of voters.

Although the governor does not play a direct role in constitutional amendments — as they do not require the governor’s signature — a governor can still have a role. In 1991 Joan Finney supported initiative and referendum. An amendment passed the Kansas Senate, but did not advance through the House of Representatives.

Today it seems unlikely that the present Kansas Legislature would support an amendment implementing initiative and referendum. Politicians just don’t want to give up the power. (The laws giving some initiative and referendum rights at the municipal level is a state law. State legislators were imposing a hardship on other elected officials, not themselves.)

But initiative and referendum are popular with voters. In 2013 Gallup polled voters regarding petitioning at the national level. 68 percent favored this, while 23 percent opposed. One of the few issues that poll higher than this is term limits for office holders.

By the way, do you know what citizens in states often do after gaining the right of initiative? Impose term limits on their legislatures. Lawmakers don’t want you to do that.

Recent history in Wichita

In 2011, Wichitans petitioned to overturn a charter ordinance passed by the city council. In February 2012 the ordinance was overturned by a vote of 16,454 to 10,268 (62 percent to 38 percent). This was a special election with only question on the ballot.

In 2012 a group petitioned to add fluoride to Wichita water. The measure appeared on the November 2012 general election ballot, and voters said no by a vote of 76,906 to 52,293, or 60 percent to 40 percent.

On the November 2014 general election ballot, Wichita voters were asked about a one cent per dollar sales tax. This was not the result of a petition, but it provides an example of a vote for a policy rather than a person. Voters said no to the sales tax, 64,487 to 38,803 (62 percent to 38 percent.)

In 2015 a group petitioned to reduce the penalties for possession of small amount of marijuana. The measure appeared on the April 2015 city general election ballot, where Wichita voters approved the proposed law 20,327 to 17,183 (54 percent to 46 percent).

Sedgwick County elections have an anomaly

A Wichita statistician is thwarted in efforts to obtain data that might explain a strange observation.

A paper details the discovery of unexplained patterns in election returns. The paper is titled 2008/2012 Election Anomalies, Results, Analysis and Concerns. The authors are Francois Choquette and James Johnson. A passage from the introduction explains what has been noticed:

Back in February 2012 during the South Carolina primaries, a keen observer noted that Republican candidate Mitt Romney had an unusual gain of votes in larger precincts. Analysts noted this effect violated expected statistics. Specifically, the percentage of votes in each precinct strangely increased as a function of precinct size (vote tally). The vote gain is correlated to precinct size, not the precinct location, be it in cities or rural areas. This anomaly is not apparent in other elections that don’t include Republican candidates. In 2008, Mitt Romney had the benefit of this anomaly and then the gain switched to John McCain once Romney exited the campaign. The Democrat Party elections we looked at don’t show this problem. (emphasis added)

There is a mysterious correlation between votes for Republican candidates and the number of votes cast in a precinct. So far no one has advanced a convincing reason why this should happen.

Results from Obama vs. Romney, Sedgwick County, 2012, showing Romney's lead increasing with precinct size. Click for larger version.
Results from Obama vs. Romney, Sedgwick County, 2012, showing Romney’s lead increasing with precinct size. Click for larger version.
In Wichita, WSU statistician Beth Clarkson has sought to obtain the paper tapes that Sedgwick County voting machines produce as voters make selections using the electronic machines. (“WSU statistician sues seeking Kansas voting machine paper tapes,” April 1, 2015 Wichita Eagle)

But Kansas Secretary of State Kris Kobach has said no, the time for viewing the tapes has passed. According to Kansas law, he says, the records are sealed. (“Kobach on Sedgwick County election lawsuit: Time is past, votes are sealed, April 5, 2015 Wichita Eagle)

The Choquette and Johnson paper gives the method for examining the relationship between precinct size and candidate vote percentages. I applied the method to three recent Sedgwick County elections. The anomaly appears to be present.

Results from Brownback vs. Davis vs. Umbehr, Sedgwick County, 2014, showing Brownback's percentage increasing with precinct size. Click for larger version.
Results from Brownback vs. Davis vs. Umbehr, Sedgwick County, 2014, showing Brownback’s percentage increasing with precinct size. Click for larger version.
If Kansas law does in fact prevent the release of voting machine tapes to Clarkson, we need to change the law, and right now. It’s curious that Secretary Kobach is not interested in investigating this apparent anomaly. Voting fraud has been one of Kobach’s key issues.

I was concerned that the paper tapes produced by voting machines might contain information that would link individual voters with the votes they cast. That would be a potential problem concerning the confidentiality of votes. But when I voted this week, I watched the information printed on the tape, and I don’t believe there is a concern.

Results from the Wichita marijuana ballot question, April 2015.
Results from the Wichita marijuana ballot question, April 2015.

In Kansas, you may display a political sign in your yard

Kansas law overrides neighborhood covenants that prohibit political yard signs before elections.

Some neighborhoods have restrictive covenants that prohibit homeowners from placing any signs in their yard except signs advertising homes for sale. But a 2008 Kansas law overrides these restrictive covenants to allow for the placement of small political yard signs starting 45 days before an election. Still, residents of covenant neighborhoods may want to observe their neighborhood’s restrictions.

Political yard signsFor the August 5, 2014 primary election, the 45 day period in which signs are allowed started on June 21. (Although I could be off by a day. Sometimes lawyers count days in strange ways.)

The bill was the product of then-Senator Phil Journey of Haysville. The bill passed unanimously in both the Kansas House and Senate.

According to the First Amendment Center, some 50 million people live in neighborhoods with homeowners associations. And laws like the 2008 Kansas law are not without controversy, despite the unanimous vote in the Kansas Legislature.

While the U.S. Supreme Court has ruled that governmental entities like cities can’t stop homeowners from displaying political yard signs, a homeowners association is not a government. Instead, it is a group that people voluntarily enter. Generally, when prospective homeowners purchase a home in a neighborhood with restrictive covenants, they are asked to sign a document pledging to comply with the provisions in the covenants. If those covenants prohibit political yard signs, but a Kansas law says these covenants do not apply, what should a homeowner do? Should state law trump private contracts in cases like this?

Practically: Should you display signs in your yard?

While Kansas law makes it legal for those living in communities with covenants that prohibit political yard signs, residents may want to observe these convents. Here’s why: If neighbors are not aware of this new Kansas law and therefore wrongfully believe that the yard signs are not allowed in your neighborhood, they may think residents with signs in their yards are violating the covenants. By extension, this could reflect poorly on the candidates that are being promoted.

Those who are not aware of the law allowing yard signs are uninformed. Or, they may be aware of the law but disagree with it and wish their neighbors would not display political yard signs. These people, of course, may vote and influence others how to vote. Whether to display yard signs in a covenant neighborhood is a judgment that each person will have to make for themselves.

The Kansas statute

K.S.A. 58-3820. Restrictive covenants; political yard signs; limitations. (a) On and after the effective date of this act, any provision of a restrictive covenant which prohibits the display of political yard signs, which are less than six square feet, during a period commencing 45 days before an election and ending two days after the election is hereby declared to be against public policy and such provision shall be void and unenforceable.

(b) The provisions of this section shall apply to any restrictive covenant in existence on the effective date of this act.

Or, as described in the 2008 Summary of Legislation: “The bill invalidates any provision of a restrictive covenant prohibiting the display of political yard signs, which are less than six square feet, 45 days before an election or two days after the election.”

Medicaid found to increase, not decrease, emergency room usage

Those who continue to call for the expansion of Medicaid in Kansas should be aware of this astonishing finding, which contrary to what the conventional wisdom has told us about health care.

For years, it has been the number one talking point of Obamacare supporters. People who are uninsured end up getting costly care from hospitals’ emergency rooms. “Those of us with health insurance are also paying a hidden and growing tax for those without it — about $1,000 per year that pays for [the uninsureds’] emergency room and charitable care,” said President Obama in 2009. Obamacare, the President told us, would solve that problem by covering the uninsured, thereby driving premiums down. A new study, published in the journal Science, definitively reaches the opposite conclusion. In Oregon, people who gained coverage through Medicaid used the emergency room 40 percent more than those who were uninsured.

Continue reading at New Oregon Data: Expanding Medicaid Increases Usage Of Emergency Rooms, Undermining Central Rationale For Obamacare

The Overcriminalization of America

The Overcriminalization of America

How to reduce poverty and improve race relations by rethinking our justice system

By Charles G. Koch and Mark V. Holden

As Americans, we like to believe the rule of law in our country is respected and fairly applied, and that only those who commit crimes of fraud or violence are punished and imprisoned. But the reality is often different. It is surprisingly easy for otherwise law-abiding citizens to run afoul of the overwhelming number of federal and state criminal laws. This proliferation is sometimes referred to as “overcriminalization,” which affects us all but most profoundly harms our disadvantaged citizens.

Overcriminalization has led to the mass incarceration of those ensnared by our criminal justice system, even though such imprisonment does not always enhance public safety. Indeed, more than half of federal inmates are nonviolent drug offenders. Enforcing so many victimless crimes inevitably leads to conflict between our citizens and law enforcement. As we have seen all too often, it can place our police officers in harm’s way, leading to tragic consequences for all involved.

Continue reading at Politico.

Year in Review: 2014

Here is a sampling of stories from Voice for Liberty in 2014.

January

A transparency agenda for Wichita
Kansas has a weak open records law, and Wichita doesn’t want to follow the law, as weak as it is. But with a simple change of attitude towards open government and citizens’ right to know, Wichita could live up to the goals its leaders have set.

New York Times on Kansas schools, again
The New York Times — again — intervenes in Kansas schools. As it did last October, the newspaper makes serious errors in its facts and recommendations.

Visit Wichita, and pay a tourism fee
The Wichita City Council will consider adding a 2.75 percent tax to hotel bills, calling it a “City Tourism Fee.” Welcome to Wichita!

Wichita’s growth in gross domestic product
Compared to peer areas, Wichita’s record of growth in gross domestic product is similar to that of job creation: Wichita performs poorly.

The death penalty in Kansas, a conservative view
What should the attitude of conservatives be regarding the death penalty? Ben Jones of Conservatives Concerned about the Death Penalty spoke on the topic “Capital Punishment in Kansas from a conservative perspective: Is it a failed policy?”

Kansas school test scores, the subgroups
To understand Kansas school test scores, look at subgroups. Sometimes Kansas ranks very well among the states. In other instances, Kansas ranks much lower, even below the national average. It’s important for Kansans — be they citizens, schoolchildren, parents, education professionals, or (especially) politicians of any party — to understand these scores.

The state of Wichita, 2014
Wichita Mayor Carl Brewer delivered the annual State of the City address. He said a few things that deserve discussion.

February

In Wichita, why do some pay taxes, and others don’t?
A request by a luxury development in downtown Wichita raises issues, for example, why do we have to pay taxes?

Wichita considers policy to rein in council’s bad behavior
he Wichita City Council considers a policy designed to squelch the council’s ability to issue no-bid contracts for city projects. This policy is necessary to counter the past bad behavior of Wichita Mayor Carl Brewer and several council members, as well as their inability to police themselves regarding matters of ethical behavior by government officials.

Our Kansas grassroots teachers union
Letters to the editor in your hometown newspaper may have the air of being written by a concerned parent of Kansas schoolchildren, but they might not be what they seem.

Wichita’s legislative agenda favors government, not citizens
This week the Wichita City Council will consider its legislative agenda. This document contains many items that are contrary to economic freedom, capitalism, limited government, and individual liberty. Yet, Wichitans pay taxes to have someone in Topeka promote this agenda.

Wichita planning documents hold sobering numbers
The documents hold information that ought to make Wichitans think, and think hard. The amounts of money involved are large, and portions represent deferred maintenance. That is, the city has not been taking care of the assets that taxpayers have paid for.

In Wichita, citizens want more transparency in city government
In a videographed meeting that is part of a comprehensive planning process, Wichitans openly question the process, repeatedly asking for an end to cronyism and secrecy at city hall.

March

Special interests struggle to keep special tax treatment
When a legislature is willing to grant special tax treatment, it sets up a battle to keep — or obtain — that status. Once a special class acquires preferential treatment, others will seek it too.

In Wichita, West Bank apartments seem to violate ordinance
Last year the Wichita City Council selected a development team to build apartments on the West Bank of the Arkansas River, between Douglas Avenue and Second Street. But city leaders may have overlooked a Wichita City Charter Ordinance that sets aside this land to be “open space, committed to use for the purpose of public recreation and enjoyment.”

In Wichita, pushing back at union protests
A Wichita automobile dealer is pushing back at a labor union that’s accusing the dealer of unfair labor practices.

Wichita City Council to consider entrenching power of special interest groups
The Wichita City Council will consider a resolution in support of the status quo for city elections. Which is to say, the council will likely express its support for special interest groups whose goals are in conflict with the wellbeing of the public.

State employment visualizations
There’s been dueling claims and controversy over employment figures in Kansas and our state’s performance relative to others. I present the actual data in interactive visualizations that you can use to make up your own mind.

State and local government employment levels vary
The states vary widely in levels of state government and local government employees, calculated on a per-person basis. Only ten states have total government employee payroll costs greater than Kansas, on a per-person basis.

April

Wichita not good for small business
When it comes to having good conditions to support small businesses, well, Wichita isn’t exactly at the top of the list, according to a new ranking from The Business Journals.

Cronyism is welfare for rich and powerful, writes Charles G. Koch
“The central belief and fatal conceit of the current administration is that you are incapable of running your own life, but those in power are capable of running it for you. This is the essence of big government and collectivism,” writes Charles G. Koch in the Wall Street Journal.

Rich States, Poor States for 2014 released
In the 2014 edition of Rich States, Poor States, Utah continues its streak at the top of Economic Outlook Ranking, meaning that the state is poised for growth and prosperity. Kansas continues with middle-of-the-pack performance rankings, and fell in the forward-looking forecast.

Wichita develops plans to make up for past planning mistakes
On several issues, including street maintenance, water supply, and economic development, Wichita government and civic leaders have let our city fall behind. Now they ask for your support for future plans to correct these mistakes in past plans.

May

Poll: Wichitans don’t want sales tax increase
According to a newly released poll from Kansas Policy Institute, Wichitans may want more jobs and a secure water source but they certainly don’t support a sales tax increase as the means to get either. Reporting on this poll is available in these articles: In Wichita, opinion of city spending consistent across party and ideology, Few Wichitans support taxation for economic development subsidies, Wichitans willing to fund basics, and To fund government, Wichitans prefer alternatives to raising taxes.

Contrary to officials, Wichita has many incentive programs
Wichita government leaders complain that Wichita can’t compete in economic development with other cities and states because the budget for incentives is too small. But when making this argument, these officials don’t include all incentives that are available.

In Wichita, the streetside seating is illuminated very well
Wichita city leaders tell us that the budget and spending have been cut to the bone. Except for the waste, that is.

Wichita seeks to form entertainment district
A proposed entertainment district in Old Town Wichita benefits a concentrated area but spreads costs across everyone while creating potential for abuse.

In Wichita, capitalism doesn’t work, until it works
Attitudes of Wichita government leaders towards capitalism reveal a lack of understanding. Is only a government-owned hotel able to make capital improvements?

Wichita, again, fails at government transparency
At a time when Wichita city hall needs to cultivate the trust of citizens, another incident illustrates the entrenched attitude of the city towards its citizens. Despite the proclamations of the mayor and manager, the city needs a change of attitude towards government transparency and citizens’ right to know.

Wichita per capita income not moving in a good direction
Despite its problematic nature, per capita income in Wichita is used as a benchmark for the economy. It’s not moving in the right direction. As Wichita plans its future, leaders need to recognize and understand its recent history.

Uber, not for Wichita
A novel transportation service worked well for me on a recent trip to Washington, but Wichita doesn’t seem ready to embrace such innovation.

For Kansas’ Roberts, an election year conversion?
A group of like-minded Republican senators has apparently lost a member. Is the conservative voting streak by Pat Roberts an election year conversion, or just a passing fad?

June

Wichita property taxes compared
An ongoing study reveals that generally, property taxes on commercial and industrial property in Wichita are high. In particular, taxes on commercial property in Wichita are among the highest in the nation.

Government employee costs in the states
The states vary widely in levels of state government and local government employees and payroll costs, calculated on a per-person basis. Kansas ranks high in these costs, nationally and among nearby states.

With new tax exemptions, what is the message Wichita sends to existing landlords?
As the City of Wichita prepares to grant special tax status to another new industrial building, existing landlords must be wondering why they struggle to stay in business when city hall sets up subsidized competitors with new buildings and a large cost advantage.

Wichita city council schools citizens on civic involvement
Proceedings of a recent Wichita City Council meeting are instructive of the factors citizens should consider if they want to interact with the council and city government at a public hearing.

Forget the vampires. Let’s tackle the real monsters.
Public service announcements on Facebook and Wichita City Channel 7 urge Wichitans to take steps to stop “vampire” power waste. But before hectoring people to introduce inconvenience to their lives in order to save small amounts of electricity, the city should tackle the real monsters of its own creation.

July

Wichita property taxes rise again
The City of Wichita is fond of saying that it hasn’t raised its mill levy in many years. But the mill levy has risen in recent years.

For Wichita leaders, novel alternatives on water not welcome
A forum on water issues featured a presentation by Wichita city officials and was attended by other city officials, but the city missed a learning opportunity.

For Wichita’s new water supply, debt is suddenly bad
Wichita city leaders are telling us we need to spend a lot of money for a new water source. For some reason, debt has now become a dirty word.

Pat Roberts, senator for corporate welfare
Two years ago United States Senator Pat Roberts voted in committee with liberals like John Kerry, Chuck Schumer, and Debbie Stabenow to pass a bill loaded with wasteful corporate welfare.

August

Charles Koch: How to really turn the economy around
Writing in USA Today, Charles Koch offers insight into why our economy is sluggish, and how to make a positive change.

Wichita airport statistics updated
As the Wichita City Council prepares to authorize funding for Southwest Airlines, it’s worth taking a look at updated statistics regarding the airport.

Wichita sales tax hike would hit low income families hardest
Analysis of household expenditure data shows that a proposed sales tax in Wichita affects low income families in greatest proportion, confirming the regressive nature of sales taxes.

Welcome back, Gidget
Gidget stepped away for a few months, but happily she is back writing about Kansas politics at Kansas GOP Insider (wannabe).

September

Wichita planning results in delay, waste
Wichita plans an ambitious road project that turns out to be too expensive, resulting in continued delays for Wichita drivers and purchases of land that may not be needed.

‘Transforming Wichita’ a reminder of the value of government promises
When Wichita voters weigh the plausibility of the city’s plans for spending proposed new sales tax revenue, they should remember this is not the first time the city has promised results and accountability.

Fact-checking Yes Wichita: NetApp incentives
In making the case that economic development incentives are necessary and successful in creating jobs, a Wichita campaign overlooks the really big picture.

Arrival of Uber a pivotal moment for Wichita
Now that Uber has started service in Wichita, the city faces a decision. Will Wichita move into the future by embracing Uber, or remain stuck in the past?

Fact-checking Yes Wichita: Boeing incentives
The claim that the “city never gave Boeing incentives” will come as news to the Wichita city officials who dished out over $600 million in subsidies and incentives to the company.

Beechcraft incentives a teachable moment for Wichita
The case of Beechcraft and economic development incentives holds several lessons as Wichita considers a new tax with a portion devoted to incentives.

For Kansas budget, balance is attainable
A policy brief from a Kansas think tank illustrates that balancing the Kansas budget while maintaining services and lower tax rates is not only possible, but realistic.

To Wichita, a promise to wisely invest if sales tax passes
Claims of a reformed economic development process if Wichita voters approve a sales tax must be evaluated in light of past practice and the sameness of the people in charge. If these leaders are truly interested in reforming Wichita’s economic development machinery and processes, they could have started years ago using the generous incentives we already have.

For Wichita Chamber’s expert, no negatives to economic development incentives
An expert in economic development sponsored by the Wichita Metro Chamber of Commerce tells Wichita there are no studies showing that incentives don’t work.

Water, economic development discussed in Wichita
Dr. Art Hall, Executive Director of the Center for Applied Economics at the University of Kansas School of Business, presented his “Thoughts on Water and Economic Development” at the Wichita Pachyderm Club Friday, September 19, 2014

Stuck in the box in Wichita, part one
To pay for a new water supply, Wichita gives voters two choices and portrays one as bad. But the purportedly bad choice is the same choice the city made over the last decade to pay for the last big water project. We need out-of-the-box thinking here.

October

Kansas economy has been underperforming
Those who call for a return to the economic policies of past Kansas gubernatorial administrations may not be aware of the performance of the Kansas economy during those times.

Union Station TIF provides lessons for Wichita voters
A proposed downtown Wichita development deserves more scrutiny than it has received, as it provides a window into the city’s economic development practice that voters should peek through as they consider voting for the Wichita sales tax.

A simple step towards government transparency in Wichita
Kansas law requires publication of certain notices in newspapers, but cities like Wichita could also make them available in other ways that are easier to use.

While Wichita asks for new taxes, it continues to spend and borrow
The City of Wichita says it doesn’t have enough revenue for things like street maintenance and transit, but continues to borrow for spending on new projects.

Wichita debt levels seen to rise
As part of the campaign for a proposed Wichita sales tax, the city says that debt is bad. But actions the city has taken have caused debt levels to rise, and projections are for further increases.

For Wichita, another economic development plan
The Wichita City Council will consider a proposal from a consultant to “facilitate a community conversation for the creation of a new economic development diversification plan for the greater Wichita region.” Haven’t we been down this road before?

In Wichita, pro-sales tax campaign group uses sales tax-exempt building as headquarters
While “Yes Wichita” campaigns for higher sales taxes, it operates from a building that received a special exemption from paying sales tax.

For Wichita Chamber of Commerce chair, it’s sales tax for you, but not for me
A Wichita company CEO applied for a sales tax exemption. Now as chair of the Wichita Metro Chamber of Commerce, he wants you to pay more sales tax, even on the food you buy in grocery stores.

Should Wichita expand a water system that is still in commissioning stage?
Should we be concerned about rushing a decision to expand a water production system that has not yet proven itself?

Wichita sends educational mailer to non-Wichitans, using Wichita taxes
Why is the City of Wichita spending taxpayer money mailing to voters who don’t live in the city and can’t vote on the issue?

Wichita to consider tax exemptions
A Wichita company asks for property and sales tax exemptions on the same day Wichita voters decide whether to increase the sales tax, including the tax on groceries.

November

In election coverage, The Wichita Eagle has fallen short
Citizens want to trust their hometown newspaper as a reliable source of information. The Wichita Eagle has not only fallen short of this goal, it seems to have abandoned it.

Kansas school spending visualization updated
There’s new data available from Kansas State Department of Education on school spending. I’ve gathered the data, adjusted it for the consumer price index, and now present it in this interactive visualization.

In Kansas, school employment rises again
For the fourth consecutive year, the number of teachers in Kansas public schools has risen faster than enrollment, leading to declining pupil-teacher ratios.

Richard Ranzau, slayer of cronyism
In Sedgwick County, an unlikely hero emerges in the battle for capitalism over cronyism.

Kansans still uninformed on school spending
As in the past, a survey finds Kansans are uninformed or misinformed on the level of school spending, and also on the direction of its change.

In Kansas, voters want government to concentrate on efficiency and core services before asking for taxes
A survey of Kansas voters finds that Kansas believe government is not operating efficiently. They also believe government should pursue efficiency savings, focus on core functions, and spend unnecessary cash reserves before cutting services or raising taxes.

Kansas cities should not unilaterally grant tax breaks
When Kansas cities grant economic development incentives, they may also unilaterally take action that affects overlapping jurisdictions such as counties, school districts, and the state itself. The legislature should end this.

City of Wichita State Legislative Agenda: Cultural Arts Districts
Wichita government spending on economic development leads to imagined problems that require government intervention and more taxpayer contribution to resolve. The cycle of organic rebirth of cities is then replaced with bureaucratic management.

December

City of Wichita State Legislative Agenda: Airfares
The City of Wichita’s legislative agenda regarding the Affordable Airfares subsidy program seems to be based on data not supported by facts.

Options for funding Wichita’s future water supply
Now that the proposed Wichita sales tax has failed, how should Wichita pay for a future water supply?

KU records request seen as political attack
A request for correspondence belonging to a Kansas University faculty member is a blatant attempt to squelch academic freedom and free speech.

Why is this man smiling?
In Wichita, the chair of the Wichita Metro Chamber of Commerce crafts a sweetheart deal for his company to the detriment of Wichita taxpayers.

Wichita Metro Chamber of Commerce: What is the attitude towards taxes?
Does the Wichita Metro Chamber of Commerce support free markets, capitalism, and economic freedom, or something else?

Will the next Wichita mayor advocate enforcing our ethics laws?
Wichita has laws that seem clear. But the city attorney said they don’t mean what they seem to say. Will our next mayor stand up for ethics?

Campaign contribution stacking in Wichita
Those seeking favors from Wichita City Hall use campaign contribution stacking to bypass contribution limits. This has paid off handsomely for them, and has harmed everyone else.

Economic development in Wichita: Looking beyond the immediate
Decisions on economic development initiatives in Wichita are made based on “stage one” thinking, failing to look beyond what is immediate and obvious.

Economic development in Sedgwick County
The issue of awarding an economic development incentive reveals much as to why the Wichita-area economy has not grown.

‘Public Choice’ explains much of government and politics

Public Choice - A PrimerIf you’ve wondered why government is as it is, the school of public choice economics offers insight and explanation. The Institute of Economic Affairs, a London think tank, has published Public Choice — A Primer. This short book explains the topic of public choice. By understanding it, we can learn more about how government and its actors operate.

Here’s a description of public choice from the book’s web page:

“Market failure” is a term widely used by politicians, journalists and university and A-level economics students and teachers. However, those who use the term often lack any sense of proportion about the ability of government to correct market failures. This arises from the lack of general knowledge — and the lack of coverage in economics syllabuses — of Public Choice economics.

Public Choice economics applies realistic insights about human behaviour to the process of government, and is extremely helpful for all those who have an interest in — or work in — public policy to understand this discipline. If we assumes that at least some of those involved in the political process — whether elected representatives, bureaucrats, regulators, public sector workers or electors — will act in their own self-interest rather than in the general public interest, it should give us much less confidence that the government can “correct” market failure.”

Here is the executive summary of the book:

  • Public Choice applies the methods of economics to the theory and practice of politics and government. This approach has given us important insights into the nature of democratic decision-making.
  • Just as self-interest motivates people’s private commercial choices, it also affects their communal decisions. People also “economise” as voters, lobby groups, politicians and officials, aiming to maximise the outcome they personally desire, for minimum effort. Consequently the well-developed tools of economics — such as profit and loss, price and efficiency — can be used to analyse politics too.
  • Collective decision-making is necessary in some areas. However, the fact that the market may fail to provide adequately in such areas does not necessarily mean that government can do things better. There is “government failure” too. Political decision-making is not a dispassionate pursuit of the “public interest,” but can involve a struggle between different personal and group interests.
  • There is no single “public interest” anyway. We live in a world of value-pluralism: different people have different values and different interests. Competition between competing interests is inevitable. This makes it vital to study how such competing interests and demands are resolved by the political process.
  • The self-interest of political parties lies in getting the votes they need to win power and position. They may pursue the “median voter” — the position at the centre, where voters bunch. Government officials will also have their own interests, which may include maximising their budgets.
  • In this struggle between interests, small groups with sharply focused interests have more influence in decision-making than much larger groups with more diffused concerns, such as consumers and taxpayers. The influence of interest groups may be further increased because electors are “rationally ignorant” of the political debate, knowing that their single vote is unlikely to make a difference, and that the future effects of any policy are unpredictable.
  • Because of the enormous benefits that can be won from the political process, it is rational for interest groups to spend large sums on lobbying for special privileges — an activity known as “rent seeking.”
  • Interest groups can increase their effect still further by “logrolling” — agreeing to trade votes and support each other’s favoured initiatives. These factors make interest group minorities particularly powerful in systems of representative democracy, such as legislatures.
  • In direct democracy, using mechanisms such as referenda, the majority voting rule that is commonly adopted allows just 51 per cent of the population to exploit the other 49 per cent — as in the old joke that “democracy is two wolves and a sheep deciding who shall eat whom for dinner.” In representative democracies, much smaller proportions of the electorate can have undue influence.
  • Because of the problem of minorities being exploited — or minorities exploiting majorities — many Public Choice theorists argue that political decision-making needs to be constrained by constitutional rules.

The book may be purchased, or downloaded at no cost in several formats.

Voter privacy a subject ready for debate

Campaign methods used in the recent election may spark debate on the information government makes available about voters and their voting behavior.

This election day, after voting, someone posted on their Facebook page: “I’m not comfortable with the GOP observer writing down the names of those who appear to vote.”

Elsewhere on Facebook and other online sites stories like this were common: “I received a palm card that had names and addresses of my neighbors, and whether they voted in the last four elections. This was supposed to motivate me, a woman voter, to vote. It actually freaked me out that someone is distributing that information without my consent.”

The practice referred to in the first comment — poll watching — is common and has been used for decades. The practice objected to by the second writer is new. By sending mail or email informing people of the voting practices of their neighbors, campaigns attempt to shame people into voting. Research suggests shaming is effective in motivating people to vote.

Both major parties and independent groups from all sides of the political spectrum used this technique this year.

From social media and news stories, it seems that people are surprised to learn that their voter information is a public record. It’s important to know that the contents of your ballot — that is, which candidates you voted for — is secret. Here’s what anyone can acquire in Kansas about voters (other states may be different, but I think most are similar):

Voter registration ID number, name, address, mailing address, gender, date of registration, date of birth, telephone number (if the voter supplies it; it is not required) whether the voter is on the permanent advance list, party registration, precinct number, and all the different jurisdictions the voter lives in such as city council district, county commission district, school district, Kansas House and Senate districts, and others.

Then, for each election you can learn whether the voter voted, and by which method (mail, advance in person, polling place). For primary elections, you can learn whether the voter selected a Republican or Democratic ballot.

(I should mention that in Kansas this information is supplied in a clumsy format that is difficult to use. I’ve developed procedures whereby I restructure this data to a relational data model that allows for proper analysis.)

Other organizations may enhance these records with data of their own. For example, in the government-supplied voter file, many telephone numbers are missing. Others are out-of-date, especially as households abandon traditional telephone service for cell phones. So candidates may use services that provide telephone numbers given names and addresses. Or, organizations may add other data purchased from marketing research services, such as magazines subscribed to, etc.

It would be useful to have a debate over whether the fact of being a registered voter and the act of voting should be a public record. This is the first election where people have become widely aware of the nature of the voting information that is available, and how campaigns and advocacy groups use it. I wonder if the new awareness of the availability of this information will deter people from registering and voting?

As far as government transparency and open records is concerned, we can distinguish voting data from other government data. When we ask for records of spending, contracts, correspondence, and the like, we asking for information about government and the actions government has taken.

But voter data is information about action taken by people, not by government. There’s a difference.

Tax not me, but food for the poor

This is Union Station in downtown Wichita. Its owner has secured a deal whereby future property taxes will be diverted to him rather than funding the costs of government like fixing streets, running the buses, and paying schoolteachers. This project may also receive a sales tax exemption. But as you can see, the owner wants low-income households in Wichita to pay more sales tax on their groceries.

Union Station Downtown Wichita 2014-10-24 02'46'19 PM

Wichita geologist sees problems with city water plan

The following was written by local geologist Karma Mason, who also serves on the State Water Board. What are the implications of moving forward with a rushed, poor plan? Mason explains what Wichita voters should consider as they vote in the proposed one cent per dollar sales tax. $250 million of the projected $400 million five-year sales tax is earmarked for a new water supply.

Over the past year, the city of Wichita has evaluated potential new water supply options. Recently, the city revealed enhancement of the aquifer storage and recovery project (ASR) as the preferred new supply. Although ASR enhancement may ultimately prove a viable option, there are still significant uncertainties.

First, a current state-level requirement prohibits the city from using any ASR-stored water should the Equus Beds become stressed during a drought.

Second, we have already spent more than $200 million on the ASR, and it has yet to significantly affect the amount of water stored in the Equus Beds.

Third, in a drought scenario (i.e., dust bowl), the Equus Beds will be over-utilized, resulting in accelerating the migration of the chloride plume to city supply wells. This likely will result in additional costs, beyond the proposed $250 million, to treat the chloride-containing water.

Fourth, there have been recent discussions at the state level about working with irrigators to lease their water rights to the city in a drought scenario, or even establishing a water bank for the area. These options could result in providing needed water in a dust bowl scenario at a much-reduced cost.

Finally, city representatives state that when using existing state guidelines for drought planning, Wichita already has adequate water for another 20-plus years.

Our community has an opportunity to work together to solve its long-term water needs. Fortunately, our current supply is adequate to allow more time for full evaluation of our options.

Kansas campaign material repository

An accessible collection of campaign material will help hold candidates and campaigns accountable.

I’ve started a collection of Kansas political campaign material such as mailers, palm cards, handouts, and door hangers. This collection could be valuable in holding candidates of all parties accountable for their words. Independent organizations may advocate for or against candidates and ballot measures, and these need to be held accountable, too.

It can be difficult to gather campaign material. Some is mailed or distributed only to small geographic districts. Or, material is mailed only to voters with certain characteristics, such as party registration or voting consistency. Unless you live in a “blended” household (with voters of different political parties), you may never see many campaign mailers. While some campaigns may make their mailers or similar material available on their websites or Facebook pages, it’s not common that the negative mail pieces — the ones that often contain the type of distortions that need to be exposed — are publicized by campaigns. (That may say something about negative campaigning.)

You may view the material here.

There are several ways to contribute to the repository.

On your computer. A useful and valuable extension for Internet Explorer, Firefox, and Chrome browsers is FireShot. It will save partial or entire web pages in a variety of formats, including pdf.

Printed material. The traditional scanner still makes the best captures. But now many people have a document capture system in their pocket and carry it with them at all times. It’s their smartphones. For information about using smartphones to capture documents, see Your smartphone is your activism toolkit. It’s not difficult to create valuable captures if you have the right app on your smartphone.

Signs, etc. Take a photograph. It’s useful to take a wide shot to show context, and then a close-up to see the detail.

You may send me digital files at bob.weeks@gmail.com. Or, you can send me postal mail at 2451 Regency Lakes Ct., Wichita, KS 67226. I won’t be able to return material you send me unless you include return postage.

Before capturing and distributing material that has your name and address (or other personal information) consider obliterating it with a marker or scissors.

Your smartphone is your activism toolkit

Your smartphone is a valuable tool for activism. Here are two ways to get involved.

Many people wonder how they can be involved in helping to improve government as a citizen activist. It may be that you have a valuable tool that’s in your pocket, and that you take everywhere you go: Your smartphone.

Street lights in downtown Wichita, July 22, 2014.
Street lights in downtown Wichita, July 22, 2014.
You may have seen me showing photographs of street lights burning in downtown Wichita during the middle of sunny afternoons. Have you ever spotted government waste like that? I’m sure that you have. I think people forget they have a fairly high-quality camera with them at all times in their smartphones. So here’s something that you can do: Take a photograph or shoot some video. Send it to me or to your local government watchdog. People like me need information. I need tips. Put your smartphone to work for something beside selfies.

Another thing you can do with your smartphone that is very helpful is to capture documents. Here’s an example. At election time, campaigns and political groups send a lot of mail pieces to voters. Some of these will contain falsehoods or distortions that need to be exposed so that the guilty parties can be held accountable. But much of the time, these political mailings go unnoticed. That’s because a Kansas House of Representatives campaign, for example, covers a relatively small population. Then, campaigns may send mail to only the people they consider active voters, and may narrow down the list using other criteria like political party. Or campaigns may send certain mail pieces to small subsets of voters. So any single campaign mail piece may go to a relatively small number of households.

What can you do to help? Use your smartphone or regular camera to capture documents like campaign mailers. You can do this by simply take a regular photograph with the built-in camera app. That usually works well enough if you follow a few guidelines, and with a little practice you can create documents are are very usable.

Probably the three most important things to remember are to avoid glare, maintain perspective, and crop. If your light source or flash creates glare on the document, the document may not be usable. By perspective, I mean having your camera square and perpendicular relative to the document so that its dimensions are not distorted. (I find that placing the document on the floor and then getting right over it helps.) Finally, cropping removes unneeded parts of the image. Remember, what we’re trying to do here is to create usable documents that can be read. We don’t have to worry about creating archival-quality documents like you would be if you’re digitizing and preserving family photographs.

As I said, you can do this with the regular camera app in your smartphone. But there are specialized document scanning apps. I’ve used several, and one I can recommend is called Scanbot. Another is CamScanner.

Using Scanbot
Using Scanbot
Scanbot is free for both Apple and Android smartphones and tablets, although there is a paid version with extra features like optical character recognition. What I like about Scanbot is that as you’re taking a photo, the app coaches you on the screen with tips like “too dark,” “get closer,” or “perspective.” Finally, it will command “don’t move” and it will snap the photo. You can then add more pages.

When finished, it creates a pdf from the scan. That’s really handy, as you then have one pdf document that holds all pages of the campaign mailer or other document. Then, you can have the app send the pdf by email or upload it to cloud-based storage systems like DropBox or Google Drive. (I recommend both of these systems.)

Be careful about sharing personal information.
Be careful about sharing personal information.
I should warn you: If you plan on sending something that you received in the mail that has your address or any other personal information on it, be aware and be careful. You could erase it using an editing app on your smartphone or computer, but in many cases the easiest thing to do is to obliterate your address with a marker pen before you capture the document. Or, you might cover it with paper, or excise it with scissors.

This type of intelligence-gathering is extremely valuable. Now, you may be thinking “Wait a minute. Don’t political campaigns post their mailers on their websites or Facebook?” The answer is some do, and some don’t. For the negative mail pieces — the ones that often contain the type of distortions that need to be exposed — it’s rare for a political campaign to make these mailers available to the public.

So this is a way you can be involved in gathering information. It could be campaign mailers, political campaign handouts, meeting agendas, material distributed at meetings, things you see on your computer screen, anything. It could be material distributed

I can’t tell you how many times people have complained to me about something they received in the mail or at a meeting. I ask “can you scan it and send it to me?” Well, not many people have scanners in their home. But now many people have smartphones. With a little practice, you can capture these documents in electronic form.

Then, what do you do with these documents? The campaigns of candidates that you support need intelligence like this. News reporters need documents for tips and substantiation of stories. You can share documents on social media like Facebook and Twitter. You can send them to me or your local government watchdog person or organization. There’s a lot you can do.

Government officials at all levels count on the average citizen not being interested or informed about government. We can hold government more closely accountable if we have information, and this a way that anyone can help.

Elections in Kansas: Federal offices

Kansas Republican primary voters made two good decisions this week.

Kansas held primary elections this week. The primary election, of course, does not determine who wins the office; it only selects one Democratic and one Republican candidate to move forward to the November general election. But in many cases, the primary is the election, at least the one that really makes a difference. That’s because in Kansas, often there may be no Democratic Party candidate. Or if there is a Democrat, that candidate may have little money available to campaign in a district with a large Republican voter registration advantage.

It’s important to note that some candidates who will appear on the general election ballot in November did not appear on any primary election ballot. That’s because parties other than Democratic and Republican select their candidates in a convention. In particular, there are two prominent candidates in this category. One is Keen Umbehr, the Libertarian Party candidate for governor. The other is independent candidate Greg Orman, who is running for United States senator. Both are serious candidates that deserve consideration from voters.

Let’s take a look at a few results from the primary election.

United States Senate

United States Senate Primary, 2014
In the contest for the Republican Party nomination for United States Senate, Pat Roberts won, receiving 48 percent of the vote. He moves on to face not only the Democratic nominee, but also an independent candidate who is already advertising on television. The problem Roberts faces going forward is the fallout from his scorched-earth campaign. He went negative against Milton Wolf from the start, focusing on issues that are worth considering, but quite trivial considering the big picture.

Pat Roberts millions on negative ads
Roberts ran an advertisement near the end of the campaign that took Wolf’s words grossly out of context, and Roberts should be ashamed for stooping to that level. Another thing Roberts can be ashamed of is his refusal to debate opponents. He said he would debate. He should debate. It’s a civic obligation. He also largely avoided news media.

Pat Roberts StarKistDuring the campaign, I was critical of Roberts. I looked at votes he had taken while in the Senate. I looked at the way he ran his campaign. I was critical. I hope that I kept my criticism based on — and focused on — facts and issues. But another problem Roberts has is the behavior of his supporters, both official and unofficial. They too ran a scorched-earth campaign.

Tweet about Milton Wolf I’d like to show you some of the posts made on Facebook and Twitter about Wolf and his supporters, but this is a family-oriented blog. Roberts will need the support of all Kansas Republicans in the general election. He needs to hope that they don’t peel off to the Democrat or Independent candidates. Roberts needs all Kansas Republicans to vote, and vote for him. But the behavior of his campaign and its supporters has harmed Republican party unity. What’s curious to me is that I don’t think they realize the harm they have caused.

United States House of Representatives, district 4

United States House, District 4For United States House, fourth district, which is Wichita and the surrounding area, incumbent Mike Pompeo won over Todd Tiahrt, 63 percent to 37 percent. This contest was curious for a number of reasons, such as the former holder of the office seeking it again, and running against a man he endorsed twice. It attracted national attention for that reason, but also for something more important: Tiahrt was advocating for a return to the practice of earmarking federal spending. Tiahrt concentrated a few issues in a campaign that was negative from the start.

Tiahrt claimed that Pompeo voted to support Obamacare seven times. But everyone who examined that claim, including several political science professors, said it was unfounded, going as far as saying it broke the truth entirely. The Tiahrt campaign also took a speech Pompeo had made on the floor of the House of Representatives and used just one sentence of it in a deceptive manner. The campaign also took a bill that Pompeo introduced — having to do with GMOs — and twisted its meaning in order to claim that Pompeo doesn’t want you to know the ingredients used in food. Tiahrt criticized Pompeo for missing some votes during the campaign, even though Tiahrt had missed many votes during his own campaign four years ago.

In the face of these negative ads, Pompeo remained largely positive. He released one television ad that rebutted the claims that Tiahrt had made. Is it negative campaigning to rebut the false accusations of your opponent? Pompeo had one ad that mentioned “goofy accusations” made by his opponent, which hardly qualifies as negative. Other than that, the Pompeo campaign remained largely positive. That is quite an accomplishment in today’s political environment.

This campaign was also marred by vitriol among supporters. In my opinion, based on my observations, the Tiahrt supporters that engaged in this behavior have some apologies to make. Pompeo goes on to face a relatively unknown Democrat in the heavily Republican fourth district.

United States House of Representatives, district 1

United States House, District 1For United States House, first district, which is western Kansas, although the district extends east enough to include Emporia and Manhattan, incumbent Tim Huelskamp was challenged by Alan LaPolice. Huelskamp won with 55 percent of the vote. Huelskamp had faced criticism for not being supportive of various subsidy programs that benefit farmers, most notably for ethanol. Outside groups joined the race, running ads critical of Huelskamp for that reason. Some ads were critical of Huelskamp for being removed from the House Agriculture committee, that move seen as retaliation for not supporting Speaker of the House John Boehner. Huelskamp now moves on to face a Kansas State University history professor who was also the mayor of Manhattan.

The meaning of these results

What do these results mean? These three elections — Senate and two House contests — attracted national attention. The Friday before the election, Kimberly Strassel wrote in the Wall Street Journal of the importance of the fourth district contest. She wrote:

A big decision comes Tuesday in the Kansas GOP primary. The Sunflower State is in the throes of political upheaval, with most of the attention on the fortunes of Gov. Sam Brownback and Sen. Pat Roberts. But the race that may say far more about the direction of the GOP is taking place in Wichita, the state’s Fourth District, in the standoff between Rep. Mike Pompeo and challenger Todd Tiahrt.

Pompeo was elected in the 2010 tea party surge, with a particular focus on liberating private enterprise. He’s made a name for himself as a leader in the fight to end corporate welfare and pork, and to cut back on strangling regulations.

A Crony Capitalist Showdown

After detailing some legislative activity and accomplishment, Strassel noted the difficulty that fighters for economic freedom encounter: She wrote “Such principles are precisely what conservative voters claim to demand from their representatives. Yet the antisubsidy line has hardly been an easy one, even in conservative Kansas — which collects its share of federal largess. And Mr. Tiahrt knows it.”

Continuing, she wrote: “The choice voters fundamentally face on Tuesday is whether they want a congressman who works to get government smaller for everyone and to end corporate welfare, or a congressman who grabs what he can of big government to funnel to his district, and embraces crony capitalism. The latter is a return to the unreformed GOP, a groove plenty of Republicans would happily slide back into — if only voters gave the nod. We’ll see if Kansas conservatives do.”

There’s something there that bears repeating: “Such principles are precisely what conservative voters claim to demand from their representatives.” In the case of Huelskamp and Pompeo, voters supported two candidates who have these principals, and who follow them. In the United States Senate contest, that almost happened.

In Kansas, hypocritical criticism of voting records

Kansas fourth district voters may want to be aware of voting record of a congressional challenger, and whether his criticism of his opponent for similar behavior is hypocritical.

Todd Tiahrt has criticized Congressman Mike Pompeo for missing recent votes. A Tiahrt campaign press release contained: “‘Mr. Pompeo’s job is not to raise money or have political events — his job is to vote.’ stated Todd Tiahrt.”

It’s not uncommon for officeholders to be absent during campaign season. Relevant to this is Tiahrt’s own voting record four years ago. At that time he was campaigning for the United States Senate while serving in the House of Representatives, and he missed a lot of votes.

Todd Tiahrt voting record from govtrack.us, showing missed votes during an election campaign. Click for larger version.
Todd Tiahrt voting record from govtrack.us, showing missed votes during an election campaign. Click for larger version.
From July to September 2010, Tiahrt missed 76 of 151 votes. That’s missing 50.3 percent, which placed him in the 99th percentile for missing votes during those months. Data is from govtrack.us.

So if missing votes during a campaign is relevant information that voters might use in making their decisions, voters might want to also be aware of Tiahrt’s record.

More importantly, voters might question a candidate who criticizes another for doing the same as he did. This is hypocrisy, that is, the practice of professing standards and beliefs that are contrary to one’s real character or actual behavior.

In Kansas fourth district, fundamental issues of governance arise

The contest in the Kansas fourth district is a choice between principle and political expediency, and between economic freedom and cronyism.

While some news articles and political columns have described the contest for Republican Party nomination for United States House of Representatives between Todd Tiahrt and Mike Pompeo as a yawner, as between two candidates with few and only minor distinguishing positions — there are important differences. The press is starting to notice.

A Crony Capitalist Showdown

In the Wall Street Journal columnist Kimberly Strassel made the case for this contest’s importance as a bellwether of Republican sentiment:

A big decision comes Tuesday in the Kansas GOP primary. The Sunflower State is in the throes of political upheaval, with most of the attention on the fortunes of Gov. Sam Brownback and Sen. Pat Roberts. But the race that may say far more about the direction of the GOP is taking place in Wichita, the state’s Fourth District, in the standoff between Rep. Mike Pompeo and challenger Todd Tiahrt.

The 50-year-old Mr. Pompeo — an Army veteran, Harvard Law grad and businessman — was elected in the 2010 tea party surge, with a particular focus on liberating private enterprise. He’s made a name for himself as a leader in the fight to end corporate welfare and pork, and to cut back on strangling regulations. (Potomac Watch: A Crony Capitalism Showdown, August 1, 2014)

(If the above link does not work for you because you don’t have a subscription to the Wall Street Journal, click here.)

Such principles are preciselyAfter detailing some legislative activity and accomplishment, Strassel notes the difficulty that fighters for economic freedom encounter: “Such principles are precisely what conservative voters claim to demand from their representatives. Yet the antisubsidy line has hardly been an easy one, even in conservative Kansas — which collects its share of federal largess. And Mr. Tiahrt knows it.”

Concluding her column, Strassel outlines the choice that so many writers have failed to realize:

The choice voters fundamentally face on Tuesday is whether they want a congressman who works to get government smaller for everyone and to end corporate welfare, or a congressman who grabs what he can of big government to funnel to his district, and embraces crony capitalism. The latter is a return to the unreformed GOP, a groove plenty of Republicans would happily slide back into — if only voters gave the nod. We’ll see if Kansas conservatives do.

Another example of the difference between the two candidates is the Export-Import Bank. Conservative groups are urging that Congress not reauthorize the bank, a vote that will happen soon. The most common argument is that it harms American jobs, and there are allegations of corruption in its operations.

While in Congress, Pompeo voted against the reauthorization of the bank. He has said he would vote against its reauthorization again unless there is significant reform. Tiahrt, on the other hand, voted in favor of the Export-Import Bank. It’s representative of the type of cronyism he has supported while in office, and would likely support again, especially as his positions tack to the political left.

Finally, Tiahrt has recently criticized Charles Koch and Americans for Prosperity, leading us to wonder if Tiahrt understands or embraces the principles of economic freedom and free markets.

Pat Roberts, senator for corporate welfare

Two years ago United States Senator Pat Roberts voted in committee with liberals like John Kerry, Chuck Schumer, and Debbie Stabenow to pass a bill loaded with wasteful corporate welfare.

The Wall Street Journal noticed a vote made by Senator Roberts in committee that lead to the fiscal cliff bill . The newspaper explained the harm of this bill in its editorial:

The great joke here is that Washington pretends to want to pass “comprehensive tax reform,” even as each year it adds more tax giveaways that distort the tax code and keep tax rates higher than they have to be. Even as he praised the bill full of this stuff, Mr. Obama called Tuesday night for “further reforms to our tax code so that the wealthiest corporations and individuals can’t take advantage of loopholes and deductions that aren’t available to most Americans.”

One of Mr. Obama’s political gifts is that he can sound so plausible describing the opposite of his real intentions.

Senator for Corporate WelfareThe costs of all this are far greater than the estimates conjured by the Joint Tax Committee. They include slower economic growth from misallocated capital, lower revenues for the Treasury and thus more pressure to raise rates on everyone, and greater public cynicism that government mainly serves the powerful.

Republicans who are looking for a new populist message have one waiting here, and they could start by repudiating the corporate welfare in this New Year disgrace. (Crony Capitalist Blowout: A tax increase for everyone but the favored wealthy few. January 4, 2013)

The Journal took the rare measure of calling out the senators who voted for this bill in committee, as shown in its nearby graphic. There it is: Pat Roberts voting in concert with the likes of John Kerry, Chuck Schumer, and Debbie Stabenow.

If Tom Coburn of Oklahoma could vote against this bill in committee, then so could have Pat Roberts. But he didn’t.

Wolf investigation, political to the extreme

The investigation of a candidate for United States Senator by an appointed board in Kansas raises questions of propriety, and Senator Pat Roberts’ use of it in advertising is shameful.

If you’ve paid attention to television advertisements in Kansas, you probably are aware that United States Senate Candidate Dr. Milton Wolf has come under investigation by the Kansas Board of Healing Arts. His act that lead to this investigation was posting anonymous X-rays on Facebook.

The campaign of Pat Roberts is spending mightily to make sure Kansans are aware of the investigation, which was launched just two seeks for an election. That is more than a little troubling. That’s because Roberts’ campaign manager is a former journalism professor, Leroy Towns. I’m sure he knows that “being under investigation” and “found in violation” are two very different things. He probably taught that to his journalism students in North Carolina. But as executive campaign manager for Pat Roberts — well, it seems a different standard applies.

(For what it’s worth, after serving in the United States Marines, Pat Roberts was a newspaper publisher in Arizona before he moved to Washington. I guess that’s sort of like a journalist.)

This matter is especially important because the investigation of Dr. Wolf is political to the extreme. It was announced two weeks before the election.

I received an email message from a Kansas political observer that explains. The Anne Hodgdon mentioned below describes herself as a “political strategist and advocate” and is a major campaign donor to Roberts.

Bob, I’m sure you probably know this, but in case you don’t: Did you know Anne Hodgden is on the Kansas Board of Healing Arts? I think the timing of the board’s decision to look into Wolf is pretty transparent.

Shouldn’t [Kansas Governor Sam] Brownback be held accountable for his appointees using boards’ power politically? It’s maddening.

It’s no wonder good candidates won’t or don’t run. They have to worry about people like Anne Hodgdon using their political power to ruin their careers. It’s despicable. I am repulsed that this sort of thing is acceptable.

I’m repulsed, too, and saddened that a senior United States Senator uses this tactic in his campaign.

Roberts campaign manager was for debates until he was against them

For Pat Roberts executive campaign manager Leroy Towns, political debates are important. At least until your candidate doesn’t want to debate.

Are debates important to the political process? According to a former North Carolina University journalism professor, the answer is yes, debates are very important:

Leroy Towns, political journalism professor at UNC, said debates are very important in the political process.

“Debates give people a chance to look at candidates close up and see how they act under pressure situations,” Towns said. (Libertarian candidate Michael Beitler kept from debate, Daily Tarheel, September 13, 2010)

Fast forward four years. As executive campaign manager for Pat Roberts during his primary campaign for United States Senator, Towns now says Roberts won’t debate challengers.

You might think that a former journalism professor would be in favor of the voting public having greater access to candidates. Especially candidates when in pressure situations, as Towns advocated in 2010. This idea is congruent with Roberts’ campaign commercials. They portray the senator as tough and tested; a Marine who will stand up to anyone.

Roberts’ decision to skip a useful ritual of American politics may lessen his stress level and advance his personal political career, and the career of campaign manager Towns. But it disrespects Kansas voters.

For McGinn, a liberal voting record is a tradition

Based on votes made in the Kansas Senate, the advertising claims of Sedgwick County Commission candidate Carolyn McGinn don’t match her record.

Kansas CapitolIn a radio advertisement, Carolyn McGinn says she is conservative. In a mailer, she touts her “fiscal conservative leadership” in the Kansas Senate.

But voting records don’t match these claims.

Several voting scorecards in recent years show Senator McGinn ranking low in terms of voting for economic freedom issues. These issues generally concern taxation, wasteful spending, and unnecessary regulation. In recent years, a freedom index has been produced by Kansas Policy Institute. In 2012 the Kansas Economic Freedom Index was a joint product of Americans for Prosperity-Kansas, Kansas Policy Institute, and myself. In 2010 I produced an index by myself. All tabulations show McGinn rarely voting in favor of economic freedom.

In the 2014 formulation, McGinn scored 25.8 percent. Four senators (Kansas has 40 senators) had lower scores. Some Wichita-area legislators that had higher scores than McGinn include Senator Oletha Faust-Goudeau and Representatives Ponka-We Victors, Gail Finney, Jim Ward, Tom Sawyer, and Brandon Whipple. All these are Democrats, by the way, and they voted more in favor of economic freedom than did Carolyn McGinn.

In 2013, McGinn scored 40 percent. Eight senators had lower scores.

In 2012 the scores were calculated in a different manner. McGinn scored -6, with 16 senators scoring lower.

There was no index for 2011.

In 2010, on an index that I produced, McGinn scored seven percent. Three other senators had the same score, and one had a lower score.

At a recent forum, McGinn criticized the concept of a vote index, telling the audience: “The economic freedom index, I just find that interesting. Because it’s based on amendments after we’re out of session, so you can pick and choose what you want for who.”

She’s right, in a way. I don’t know what she meant by “amendments,” but the organizations that construct voting scorecards choose votes that they believe distinguish candidates along some axis. Usually the votes are chosen after they’re made, although sometimes organizations “key vote” an issue. That means they alert legislators in advance of a vote that the vote will be included on their scorecard.

There are organizations that are in favor of more spending, less accountability, and fewer choices for Kansas parents and schoolchildren. They produce scorecards, too. In particular, Kansas Association of School Boards found that McGinn never voted against their position from 2009 to 2012. Kansas National Education Association, while not making a scorecard public, recommended that its members vote for McGinn.

Voting attendance an issue in Kansas fourth district campaign

Todd Tiahrt has criticized Congressman Mike Pompeo for missing votes this month. But when Tiahrt was campaigning for the United States Senate while also serving in the House of Representatives, he missed a lot of votes.

Todd Tiahrt voting record from govtrack.us, showing missed votes during an election campaign. Click for larger version.
Todd Tiahrt voting record from govtrack.us, showing missed votes during an election campaign. Click for larger version.
From July to September 2010, Tiahrt missed 76 of 151 votes. That’s missing 50.3 percent, which placed him in the 99th percentile for missing votes during those months. Data is from govtrack.us.

Tiahrt has made a point of mentioning a specific vote that Pompeo missed, on July 10 for H.R. 4923: Energy and Water Development and Related Agencies Appropriations Act, 2015. During Monday’s debate on KWCH Television, Tiahrt said “We also need to stop the regulations on farmers. The one opportunity that Mr. Pompeo had to do something for farmers was during the energy and water appropriations bill. and he was absent that day. He abandoned his post. And because of that, farmers are going to be facing the EPA and increased water regulations, what is going to hurt the family farmers.”

Later in the debate Tiahrt repeated his assertion that because of Pompeo’s missed vote on H.R. 4923, farmers will face increased regulation on puddles and stock ponds.

To the extent that this bill protects farmers from “onerous” regulations, the bill passed by a vote of 253 to 170, with Republicans voting 218 to 11 in favor of the bill.

Curiously, a Tiahrt campaign press release refers to proposed regulations known as Waters of the US (WOTUS). But H.R. 4923, the bill whose vote Tiahrt criticized Pomepo for missing, did not affect these proposed rules.

American Hospital Association supports Kansas Sen. Roberts

When the American Hospital Association decided to support one of the candidates for United States Senator from Kansas, the chosen candidate, Pat Roberts, took pride in the endorsement. And, who wouldn’t be proud? American hospitals? Who isn’t in favor of good hospitals for Americans?

As it turns out, AHA is a special interest group. It is a major spender on lobbying and campaign contributions. It is a major supporter of Obamacare.

Through 2013, AHA has spent $259,067,349 on lobbying. It lobbies in favor of its members and against potential competitors, such as doctor-owned hospitals. Reporting on an aspect of the Affordable Care Act (Obamacare) that prevents doctor-owned hospitals from participating in Medicaid if they expand, the Weekly Standard remarked: “This little-noticed but particularly egregious aspect of Obamacare is, by all accounts, a concession to the powerful American Hospital Association (AHA), a supporter of Obamacare, which prefers to have its member hospitals operate without competition from hospitals owned by doctors.”

That’s right. The American Hospital Association also supported Obamacare. Anti-competitive measures like this were part of the price to get AHA’s support. Now, AHA has decided that Pat Roberts will best represent its interests in Washington.

AHA also makes contributions directly to candidates. Interestingly, the largest recipient of AHA campaign funds is Rod R. Blagojevich. He used to be the governor of Illinois, but he recently relocated to Littleton, Colorado. There he’s also known as inmate number 40892-424, with an anticipated release date of May 23, 2024.

Voice for Liberty Radio: Kansas Secretary of State Candidates

Voice for Liberty Radio 150x150In this episode of Voice for Liberty Radio: Candidates for Republican party nomination for Kansas Secretary of State spoke at the Wichita Pachyderm Club on July 18, 2014. The candidates are incumbent Kris Kobach and challenger Scott Morgan. The issue of voting, particularly the requirement for proof of citizenship when registering to vote, is an issue that separates the two candidates.

The format of the meeting was an opening statement by each candidate followed by questions from the audience and a brief closing statement.

I asked a question about whether the state’s chief election officer should have a political action committee that engages in electioneering. Kobach replied that this practice is legal, which it is. As to its propriety, Kobach said that statewide officials frequently endorse candidates. Morgan said it is not ethical or appropriate for the secretary of state to have a political action committee. As to Kobach’s argument that since other statewide officials are able to endorse candidates, that means the secretary of state should also, there is a distinguishing factor: Those other officials aren’t in charge of administering Kansas elections.

Shownotes

Kris Kobach campaign website
Scott Morgan campaign website
Wichita Pachyderm Club

Roberts, ducking debates, disrespects Kansas voters

With the decision of United States Senator Pat Roberts to skip debates with his opponents, Kansans are deprived of a useful part of the political process.

Election campaigns are an essential element of representative democracy. Campaigns are simultaneously a means for those who seek elective office to connect with voters and a way for citizens to learn about the candidates who are seeking their votes. Political campaign debates are an integral component of the modern political campaign. … Voters have come to expect election debates, particularly in the race for the president of the United States but increasingly for other elective offices as well. (Political Election Debates: Informing Voters about Policy and Character, William L. Benoit)

With the decision of United States Senator Pat Roberts to skip debates with his opponents, Kansans are deprived of a useful part of the political process.

This decision makes sense on only one level, that being the preservation and promotion of Pat Roberts’ political career. Evidently he and his political advisers have decided that he can win the primary election without the candidate participating in one or more debates.

But Roberts’ career and his electoral prospects are not relevant public policy.

That Roberts won’t debate is rich in irony. In his reporting of Roberts’ decision to skip debates with his main opponent Dr. Milton Wolf, Steve Krake wrote “Roberts is a Marine who portrays himself as willing to stand up to anybody. But he won’t stand up to Wolf, whose feisty, upstart campaign has given the incumbent headaches from the start.” (Steve Kraske: Sen. Pat Roberts won’t debate Milton Wolf)

Another element of irony is that the United States Senate is often described using phrases like “the world’s greatest deliberative body,” partly due to its tradition of allowing unlimited, or lengthy, debate. Roberts has served in that body for nearly 18 years and wants another term.

It’s also curious that Roberts would turn down debate opportunities. He has a reputation as a quick wit when speaking.

Even more curious, when you engage the Roberts campaign on inconsequential issues — such as whether campaign manager Leroy Towns lives in Kansas or North Carolina — you’ll get a quick response.

But ask a substantive question using the same communication channel, and there’s no answer. An example question is whether the senator will support the authorization of the Export-Import bank. That’s an important issue, one which the senator dodges, and about which he might be asked in a debate.

Debates are probably stressful events for most candidates, I’m sure. That’s part of their value. Put the candidates in front of a skeptical and inquisitive audience (the debate moderators) and a critical audience (the debate opponent), and see what happens when candidates are stressed a bit.

Speaking of stress: Roberts has made the ability of a senator to stand up to stress a campaign issue. In a profile this week in the Kansas City Star, Roberts criticized an incident from his opponent’s past, saying “Send him to Washington and see how stressed he gets.”

Roberts’ decision to skip a useful ritual of American politics may lessen his stress level and advance his personal political career. But it disrespects Kansas voters.

How earmarks pay off for the earmarkers

The case of a Kansas Congressman benefiting from earmark spending once out of office should make us glad the practice has ended, and we should be wary of those who call for its return.

The case of United States House of Representatives Appropriations Committee Member Todd Tiahrt and Neumann Systems is an illustration of the revolving door between government and the private sector. It started with an earmark. An Air Force budgetary document indicates that the earmark spending was at the direction of Congress: “In FY 2006, Congress added $1.2 million for the High Power Fiber Laser Program, and $0.5 million for Oxygen Laser Optical Source.”

Excerpt from Air Force budgetary document.
Excerpt from Air Force budgetary document.

Later in the same document we see “CONGRESSIONAL ADD.” So it’s not like the Air Force asked for this money. Instead, it was added by appropriators in the House of Representatives, of which Todd Tiahrt was a member and appropriator. The oxygen laser spending was an earmark, in other words. It went to a company called Direct Energy Solutions, located in Colorado Springs. Its CEO was David Neumann, who also heads a related company named Neumann Systems Group, Inc.

While this may seem like a small amount of federal money spent on a defense research project, the earmark spending appears to have paid off for Tiahrt. Not only did Tiahrt receive contributions from Neumann for his campaigns both past and present, he also received a client for his consulting firm and, ultimately, a job. When Neumann needed to recover from an illness, Tiahrt worked for Neumann’s company and was paid some $380,000 over two years, according to financial disclosures.

Neumann System Groups had received a contract to build an exhaust gas scrubber for an electrical power plant owned by the City of Colorado Springs. The scubber is controversial. In this article from January 2013, Tiahrt said the scubber would removs sulfur dioxide and nitrogen oxides, but the scubber that is being built will remove only the sulfur compound. Costs seem to have soared over original estimates. The contract is “cost plus” and according to reporting, was awarded without competitive bid. (Costs, doubts rise at Colorado Springs power plant, Colorado Springs Gazette)

None of this was illegal or contrary to ethics codes. It’s just the way the way Washington has worked, with earmarks forging and cementing relationships between Members of Congress and their benefactors.

Earmarks have been banned in Congress since 2010. But not everyone is happy, with progressive lawmakers like Sen. Richard Durbin of Illinois calling for the return of the “glue” that used to hold bills together. But the Wall Street Journal recently commented that Congress is working better without earmarks, resulting in more oversight of, and accountability for, spending.

As he campaigns for a return to Congress, Tiahrt has unabashedly called for a return of earmark spending, telling audiences that the practice did not increase the level of spending. There’s plenty of evidence, along with common sense, that tells us that earmarks do increase spending.

But some people think it’s fun to spend other peoples’ money, and as shown by the post-Congress career path of Todd Tiahrt, it can be lucrative, too.

Dear Senator Roberts,

Following is an open letter to the campaign of United States Senator Pat Roberts of Kansas.

Dear Senator Roberts,

You have made an issue of certain X-ray images that were posted on Facebook by your opponent in the Republican Party primary for nomination for United States Senate from Kansas.

People have said that these images have caused them pain, as they reminded them of people they have lost to violence.

Senator Roberts, are you aware that if your campaign had not made an issue of these images, they would not have received publicity?

Senator Roberts, are you aware that each time you call attention to these images, people are hurt?

Senator Roberts, have you considered that if not for your decision to use these images for your own personal political gain, that the people who have been hurt by these images would not have become aware of them, and therefore would not have been harmed?

In Kansas fourth district campaign, PAC contributions are an issue

Candidate Todd Tiahrt criticizes Mike Pompeo for accepting PAC money as campaign contributions, but over his career Tiahrt has accepted PAC dollars in greater proportion than has Pompeo.

In a press release and on the campaign trail, candidate for the Republican Party nomination for United States Congress from the fourth district of Kansas Todd Tiahrt has criticized Mike Pompeo for his acceptance of PAC, or political action committee, campaign contributions. An example from a June 19 press release reads “PAC Man Pompeo’s special interest money means special interest legislation.”

Analysis of source of campaign funds for Todd Tiahrt, career starting in 2000 to present. Center for Responsive Politics, July 12, 2014.
Analysis of source of campaign funds for Todd Tiahrt, career starting in 2000 to present. Center for Responsive Politics, July 12, 2014.

Later in the same release: “So, was Mr. Pompeo representing Kansans or his PAC supporters?”

So if Tiahrt is criticizing a candidate for accepting campaign contributions from political action committees, voters may want to know the entire story. As it turns out, the story is easy to learn.

Analysis of source of campaign funds for Mike Pompeo, career to present. Center for Responsive Politics, July 12, 2014.
Analysis of source of campaign funds for Mike Pompeo, career to present. Center for Responsive Politics, July 12, 2014.

The Center for Responsive Politics has summarized campaign contribution data back to the year 2000. According to its summary, 33 percent of campaign contributions to Tiahrt since then were from PACs.

For Pompeo, over his career as a candidate, the figure is 32 percent of campaign contributions from PACs.

Did Rep. Mike Pompeo vote to fund Obamacare?

A television ad by Todd Tiahrt claims that Mike Pompeo voted seven times to fund Obamacare. What are the facts about those bills?

Todd Tiahrt television advertisement.
Todd Tiahrt television advertisement.
The seven bills referenced in the Tiahrt ad are appropriations bills that fund numerous departments and agencies of the federal government. Three of the bills were to fund the operations of government for as little as one week. One bill was 475 pages in length. Most passed with broad support of Republicans, including the Kansas delegation. Some reduced funding that had been authorized by the previous Congress.

Somewhere deep within these bills there may be funding that went to the Department of Health and Human Services that in some way provided funds for the implementation of Obamacare. The first three votes were short-term measures to continue appropriations established by the previous Congress. Tiahrt voted with a minority of Republicans to support that bill in its original form, then voted along with all Republicans except one against the passage of the conference report.

As to whether voting for these bills constitutes voting “to fund Obamacare,” the Pompeo campaign manager told the Wichita Eagle: “This type of flawed logic would drive someone to believe that Mr. Tiahrt voted eight times for Planned Parenthood funding for federal funding of abortions — which would be grossly misleading.”

The Eagle further reported: “Pompeo’s campaign provided a list of those eight bills. A fact-check found Tiahrt did vote ‘yes’ on the bills. But those bills were also general appropriation measures for departments that dealt with family planning.”

Here are the bills referenced in the Tiahrt television advertisement.

H.J.Res. 44 (112th) votesH.J.Res. 44 (112th): Further Continuing Appropriations Amendments, 2011. This bill provided appropriations for several dozen federal agencies. It passed 335 to 91. Republicans voted 231 to 6 in favor. All Kansans voted in favor. The Hill described this bill as a “two-week spending resolution … to support a measure aimed at averting a government shutdown this week.” (GOP spending bill passes in landslide as 100 Dems defect)

H.J.Res. 48 (112th) votesH.J.Res. 48 (112th): Additional Continuing Appropriations Amendments, 2011. This bill provided appropriations for a number of federal agencies. It also eliminated specific spending that was approved in 2010. It passed 271 to 158. Republicans voted 186 to 54 in favor. All Kansans except Huelskamp voted in favor. The Hill described this bill as a “three-week spending resolution.” (House adjourns, likely until late March)

H.R. 1363 (112th) votesH.R. 1363 (112th): Further Additional Continuing Appropriations Amendments, 2011. As described by the Congressional Research Service, the bill “Provides reduced rates of operation for FY2011 for the following accounts or activities within the Department of Transportation (DOT).” It also provided funds at reduced rates of operation for FY2011 for some accounts within the Department of Housing and Urban Development (HUD). It also appears to have eliminated some earmarks passed by an earlier Congress. This bill passed 247 to 181. Republicans voted 232 to 6 in favor. All Kansans voted in favor. Of this bill, The Hill reported it was “a bill that would fund the federal government for another week.” (House adopts rule for one-week budget stopgap)

H.R. 1473 (112th) votesH.R. 1473 (112th): Department of Defense and Full-Year Continuing Appropriations Act, 2011. This is a large bill at 175 pages in length. The summary from the Congressional Research Service runs nearly 20,000 words. It passed 260 to 167. Republicans voted 179 to 59 in favor. All Kansans except Huelskamp voted in favor. This bill, voted on in April, was described by The Hill as “an agreement to fund the federal government for the rest of fiscal 2011.” The federal fiscal year ends on September 30.

H.R. 2055 (112th) on passage votesH.R. 2055 (112th) conference report votesH.R. 2055 (112th): Consolidated Appropriations Act, 2012. At 486 pages, another large bill making appropriations for many agencies. On passage of the bill in the House, the vote was 411 to 5 in favor. The later vote on agreeing to the conference report passed 296 to 121. Republicans voted 147 to 86 in favor. All Kansans except Huelskamp voted in favor. The Hill reported this bill “covers spending for Defense, Energy and Water, Financial Services and General Government, Homeland Security, Interior, Labor/Health and Human Services, Legislative Branch, Military Construction/VA, and State/Foreign Operations.” (House approves $1 trillion omnibus spending bill in easy 296-121 vote)

H.J.Res. 117 (112th) votesH.J.Res. 117 (112th): Continuing Appropriations Resolution, 2013. This bill provided appropriations for a number of federal agencies. It passed 329 to 91. Republicans voted 165 to 70 in favor. Kansans Huelskamp and Yoder voted against; Jenkins and Pompeo voted in favor. The Hill described this bill as a “six-month spending resolution to keep the government funded.” (Senate passes resolution to keep government funded)

H.R. 933 (113th) votesH.R. 933 (113th): Consolidated and Further Continuing Appropriations Act, 2013. A 240 page bill that provides appropriates to many federal agencies. The House agreed to the conference report by a vote of 318 to 109. Republicans voted 203 to 27 in favor. All Kansans except Huelskamp voted in favor.

Kansas was an earmark donor state

The practice of federal earmark spending was not kind to Kansas, as data shows Kansas was an earmark donor state.

Detail of stairway in Kansas Capitol.
Detail of stairway in Kansas Capitol.
The former practice of earmarking federal spending was seen as a way for members of Congress to demonstrate their political prowess by bringing the federal bacon back home to the district or state. Data gathered and analyzed by Brandon Arnold of Cato Institute shows that states differ greatly in the dollars sent to Washington as federal income taxes and the earmarks received.

Data for 2009, one of the last years for earmarking, along with Arnold’s calculations of a earmark ratio, shows that the value of this ratio varies from 25 percent to 1,104 percent. This ratio is calculated by first determining the proportion of total federal income taxes paid by a state. Use that to calculate the state’s proportional share of earmark dollars. Then, compare to earmarks actually received.

For 2009, the earmark ratio for Kansas was 81.9 percent. Based on the state contributing 0.9 percent of total federal taxes paid, Kansas should have received $173 million in earmarks. It actually received $142 million.

Arnold’s article contains other interesting find, such as comparing a state’s earmark ratio with it having members on appropriations committees.

I’ve presented Arnold’s data in an interactive spreadsheet. View the data below, or click here to open it in a new window, which may work best in most cases. This is a spreadsheet in Google Docs format. You may manipulate and save the data as your own copy.

In Kansas fourth district, national security a dividing issue

A letter composed by 14 national security experts clarifies the debate over the role of the National Security Agency, its surveillance programs, and the safety of Americans. This is an issue in the campaign for the Republican Party nomination for United States Congress from the fourth district of Kansas. Challenger Todd Tiahrt has criticized Mike Pompeo for supporting the NSA data-gathering programs, saying that the programs spy on Americans. Pompeo has maintained that the programs are necessary to protect Americans from terrorism and other threats, and that there is sufficient oversight to protect privacy.

I think the most important part of the letter is the final two paragraphs:

Supporting the NSA collection programs illegally compromised by Edward Snowden is politically difficult given the media frenzy that has inaccurately portrayed these programs as domestic spying. We regret that too many politicians are taking a politically expedient position on this issue by siding with the news media on NSA programs in an effort to scare voters and win their support.

Leadership often means taking politically difficult stands on controversial issues. The current debate over NSA surveillance concerns crucial national security programs designed to protect our nation. In our view, supporting these programs and working to reassure the American people about why they are needed is the only responsible position on this issue.

What’s curious — incongruous is more accurate — is how Tiahrt and his supporters have morphed into rabid civil libertarians on this issue. This letter is signed by what we can describe as a neoconservative hall of fame, John Bolton and William Kristol in particular. This group advocates a muscular American foreign policy, which also describes Tiahrt while he was in Congress. He earned the moniker “Tanker Todd,” after all, for his support of building the next generation of air refueling tankers in the United States, and Wichita in particular. Or, maybe he supported building the tankers solely on its potential as a jobs program for Wichita, which if so, is bad policy.

Either way, it’s bizarre to see Tiahrt and his supporters opposing a policy designed to protect the American homeland. The people they’re lining up with: Usually they’d insult them with terms like isolationists and peaceniks. Or worse, libertarians.

I guess it is true, that politics makes strange bedfellows.

Following is the letter and its signatories.

We are a group of foreign policy professionals who are writing to express our concern over statements about NSA surveillance made during the Republican primary for the U.S House of Representatives seat for the 4th district of Kansas.

The illegal leaks of information about NSA programs by former NSA technician Edward Snowden kicked off a divisive debate in this country on whether or not NSA surveillance programs have violated the privacy rights of American citizens.

Many of the NSA programs compromised by Snowden have been portrayed by the news media and many politicians as “spying on Americans.”

While we appreciate the concerns voiced by many Americans over NSA surveillance programs in response to the Snowden leaks, we believe it is highly inaccurate to claim that these programs violate the privacy rights of American citizens. We believe the NSA program that has been most criticized, the NSA metadata program, has been subjected to careful oversight by the courts and the congressional intelligence oversight committees. This intelligence collection program has been upheld in 36 out of 39 decisions before 19 different judges.

We regret that critics of the metadata program and other NSA collection efforts ignore how these programs have helped protect our nation against terrorist attacks. For example, Senate Intelligence Committee Chairwoman Dianne Feinstein stated during a January 14, 2014 Senate Judiciary Committee hearing that the metadata program helped stop terrorist plots to bomb the New York City subway, the New York stock exchange, and a Danish newspaper.

Supporting the NSA collection programs illegally compromised by Edward Snowden is politically difficult given the media frenzy that has inaccurately portrayed these programs as domestic spying. We regret that too many politicians are taking a politically expedient position on this issue by siding with the news media on NSA programs in an effort to scare voters and win their support.

Leadership often means taking politically difficult stands on controversial issues. The current debate over NSA surveillance concerns crucial national security programs designed to protect our nation. In our view, supporting these programs and working to reassure the American people about why they are needed is the only responsible position on this issue.

Sincerely,

Hon. Michael B. Mukasey
81st Attorney General of the United States, former U.S. District Judge, Southern District of New York

Hon. Pete Hoekstra
Former Chairman, House Permanent Select Committee on Intelligence

Lieutenant General William G. Boykin U.S. Army (Ret.)
Former Deputy Under Secretary of Defense for Intelligence

Admiral James A. Lyons, US Navy (Ret.) Former Commander-in-Chief,
Pacific Fleet

Andrew C. McCarthy
Former Chief Assistant U.S. Attorney, Southern District of New York

Hon. Michelle Van Cleave
Former National Counterintelligence Executive

Clare M. Lopez Former CIA Officer

Hon. John R. Bolton
Former U.S. Permanent Representative to the United Nations, former Under Secretary of State for Arms Control and International Security

Hon. R. James Woolsey
Former Director of Central Intelligence

Frank J. Gaffney, Jr.
Former Assistant Secretary of Defense (Acting)

William Kristol
Editor, The Weekly Standard and Board Member, Foreign Policy Initiative

Joseph diGenova
diGenova & Toensing Former U.S. Attorney for the District of Columbia

Victoria Toensing
diGenova & Toensing
Former Deputy Assistant Attorney General and Chief Counsel, Senate Intelligence Committee

Frederick Fleitz
Former CIA Officer and former Professional Staff Member, House Intelligence Committee

Quasi-lobbyist runs as earmarker in Kansas GOP primary

Washington Examiner writer Tim Carney notices the curious stance of a Republican candidate in the Kansas fourth district primary: He likes earmarks.

Washington Examiner senior political columnist Timothy P. Carney knows how Washington works. Of his 2006 book The Big Ripoff: How Big Business and Big Government Steal Your Money, Paul A. Gigot, who is Editorial Page Editor of the Wall Street Journal wrote “Politicians like to say that government is on the side of the little guy. But with impressive documentation and persuasive examples, Tim Carney shows how government power and regulation are typically used to assist the powerful.”

On the contest in the Kansas fourth district between Mike Pompeo and Todd Tiahrt, Carney observed “Kansas’s 4th District features one of the oddest fights yet of the counter-Tea Party effort: a quasi-lobbyist running running on a pro-earmark platform.”

Quasi-lobbyist runs as earmarker in Kansas GOP primaryCarney isn’t the first to notice the pro-earmark stance of Tiahrt. It’s not a secret, as the candidate himself speaks in favor of earmarks. His voting record reflects his support. In 2007 Club for Growth, whose motto is “Prosperity and Opportunity through Economic Freedom,” compiled a list of 50 votes that canceled what it called wasteful earmarks, explaining as follows:

The Club for Growth has compiled a RePORK Card of all members’ votes on all 50 anti-pork amendments. “Taxpayers have a right to know which congressmen stand up for them and which stand up for the special interests,” said Club for Growth President Pat Toomey. “Unfortunately, the Club for Growth RePORK Card shows that most congressmen care more about lining their buddies’ pockets than they care about protecting American taxpayers.”

Analyzing the results, Club for Growth noted that 16 members voted for all these amendments. These members were all Republicans. The average Republican score was 43%. The average Democratic score was 2%. The average score for appropriators — these are members of the Committee on Appropriations like Tiahrt — was 4%.

Where was Todd Tiahrt on this list? Tied for last place at 0%. He voted for none of these amendments that would have blocked earmark spending. Of the group that Tiahrt voted with, Club for Growth noted “105 congressmen scored an embarrassing 0%, voting against every single amendment. The Pork Hall of Shame includes 81 Democrats and 24 Republicans.”

Club for Growth created a similar tally in 2009, selecting 68 votes. That year, Tiahrt did better, voting for 20 of the 68 measures.

Quasi-lobbyist runs as earmarker in Kansas GOP primary

By Timothy P. Carney, Washington Examiner

Former Rep. Todd Tiahrt is a man on a mission — to reclaim the Republican Party for earmarkers.

Tiahrt represented Kansas’ 4th district for 16 years, and for 14 of those years he sat on the House Appropriations Committee. From that perch, Tiahrt was a prolific porker, dealing out earmarks as if they were playing cards.

Continue reading at Quasi-lobbyist runs as earmarker in Kansas GOP primary.

For Kansas’ Roberts, a shift in voting sentiment

Kansans should be happy that Senator Pat Roberts is voting in a fiscally conservative way. Happy, but skeptical.

Organizations like Club for Growth produce scorecards of legislators. The motto of Club for Growth is “Prosperity and Opportunity through Economic Freedom.” It supports candidates who believe in pro-growth policies, limited government, low taxes, and economic freedom. Kansans who believe in these values can trust Club for Growth as a reliable indicator of candidates’ beliefs and actions.

The Club for Growth creates voting scorecards. These scorecards are a selection of votes that the organization believes distinguish between those who support the club’s pro-growth goals, and those who don’t. Scorecards like this are valuable because they show what officeholders have actually done, which may be different from what they say they have done, or what they promise to do.

Kansans should be happy that its senior senator Pat Roberts has been voting largely in alignment with these policies that promote growth and economic freedom. These votes are good for Kansas, and good for America.

But it hasn’t always been this way for Roberts, and we don’t know what the future holds. If reelected, Roberts could return to his usual voting habits.

The voting record of Pat Roberts and a group of peers, from Club for Growth. Click for larger version.
The voting record of Pat Roberts and a group of peers, from Club for Growth. Click for larger version.
There’s little doubt that Roberts is voting in a way divergent from his past. Even the New York Times noticed a shift in Roberts’ voting as an election approaches, recently reporting “And Senator Pat Roberts of Kansas, eyeing his state’s sharp turn to the right, made sure to align his votes with the fiscally conservative Club for Growth 84 percent of the time last year.”

I’ve gathered scorecard results from Club for Growth for all years available. In the nearby chart, I present the scores for Roberts. I also present the average scores for a group of Republican senators that are often criticized for straying from fiscally conservative policies. This group includes Lamar Alexander of Tennessee, Thad Cochran of Mississippi, Lindsey Graham of South Carolina, Richard Lugar of Indiana, John McCain of Arizona, Mitch McConnell of Kentucky, and Roberts.

As you can see, Roberts tracks this groups of senators fairly closely. Some years Roberts voted more in alignment with the goals of Club for Growth, and some years less. But in 2013, as the New York Times noticed, Roberts departed quite a bit from this pack of of Republicans.

So Kansans and all Americans should be pleased that Pat Roberts has been voting for limited government and economic freedom. But it’s out of character for him, and the election-year timing can’t be ignored as a motivating factor. What will Roberts do when an election is not near?


Scorecards such as these and others, including the ones that I’ve personally constructed, have caveats. For example, some members have not been in office very long. Issues in which you have an interest may not have been voted on during the member of interest’s tenure. Or, the vote may not have been a recorded vote, which is common. Also, the mere fact of a vote for or against a bill does not measure or account for leadership on the issue, or intensity of interest and involvement. I’ve not seen scorecards that incorporate the work performed and votes made in committees, which is an important part of legislating. Further, the selection of votes to be included is an issue. Organizations that create scorecards generally have issues that are important to them, and may focus on a subset of issues to the exclusion of all others.