Author Archives: Michael Froomkin

2018 November Election Guide: County Referendum

Miami-Dade County has five issues on my ballot (some people living in the north-east of the county have a bonus issue about incorporation). I’m for four of them.

TL/DR:
County Referendum 1:NO
County Referendum 2:YES
County Referendum 3:YES
County Referendum 4:YES
County Referendum 5:YES.

The hardest issue is County Referendum 1, which would make the election for Clerk of Court into a non-partisan race, like the other current elected offices in the County. Some people may be tempted to vote for this on the grounds of symmetry, consistency, or tidiness, and I get that. But on the merits, I’m not sold. I do not think we have been particularly well-served by the existing supposedly non-partisan system we have for electing the Mayor or indeed the Commissioners. I think voters would have clearer choices if we had primaries and general elections rather than one big election and then a run-off if needed. The downside of the partisan approach is that it lessens the voice of NPAs who do not register with a party, and that’s a real issue. But the proof is in the pudding, and on the whole the pudding hasn’t been tasty or nutritious; indeed, it verges on toxic sometimes. So, unlike many folks I know, I’m voting NO on County Referendum 1.

County Referendum 2 is the second-hardest choice. It changes the current resign-to-run law to allow government civil service employees to run for office without having to quit their job. The new county rule would be equivalent to the existing state rule. That means, for example, that firefighters, police officers, and teachers could run for office without quitting. Supporters say it will open up the pool to people with relevant experience who can’t afford to take the risk of quitting their jobs to run. Opponents say it will give an unfair advantage, almost as subsidy, to ‘insiders’ who are already in government, and that staying on after election could create conflicts of interest. On balance, I’m voting YES on County Referendum 2, because I think asking people to quit a job on the chance they might get elected seems wrong. But again I know people who are going the other way.

County Referendum 3 is a no-brainer. Currently, the county’s lawyers don’t rule on the adequacy of the wording of ordinances proposed to be passed by referendum until after the signatures have been collected. If the lawyers find a problem, all that effort is wasted. This change will have the lawyers do their review at the start of the process rather than at the end. I’m voting YES on County Referendum 3, and really can’t see what the downside could be.

County Referendum 4 formalizes existing practice of dropping a candidate from a race if he or she dies. It could result in some candidates being elected effectively unopposed, since there is no provision for the appointment of a substitute. Nevertheless, I’m voting YES on County Referendum 4, as overall it makes the rules clearer.

County Referendum 5 proposes prohibiting people from paying workers or organizations based on how how many signatures they get for a petition. Importantly, this would NOT prohibit paying petition-gathers as they could still be paid by the hour. It would, however, remove a major incentive for fraudulent actions, since the petition-gather’s wage would no longer be tied to the number of signatures reported. That, despite some ads you hear on the radio, would be a good thing. Vote YES on County Referendum 5.

Links to other November 2018 election guides:

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2018 November Election Guide: Judges

Here, belatedly (early voting has already begun!), is Part I of some recommendations on the undercard of your ballot. I will start with the judges. Future parts forthcoming Real Soon Now™ will be coming soon.

In my part of South Florida we have four appellate Judges up for retention, and one run-off election for state Circuit Judge on the 11th Judicial Circuit.

I intend to vote to retain all four District Court of Appeal Judges:

▪Kevin Emas: Yes
▪Ivan F. Fernandez: Yes
▪Norma Shepard Lindsey: Yes
▪Robert Joshua Luck: Yes

All have good ratings from the Florida Bar poll:
Kevin Emas: 92 percent.
Ivan F. Fernandez: 87 percent.
Norma Shepard Lindsey: 85 percent.
Robert Joshua Luck: 90 percent.

As I’ve said before, I approach retention elections with a presumption that Judges should be retained unless they have given us a good reason not to do so; happily, to the best of my knowledge, there’s no such reason in any of these four cases.

In the run-off for Group 14 of the state 11th Judicial Circuit (not to be confused with the federal appeals court of that name!), I endorsed Renee Gordon in August and I’m going to vote for her again, as opposed to Vivianne del Rio, the other candidate who survived the first round. As I wrote in August,

I endorsed Renee Gordon the last time she ran, noting that she is is a “former Public Defender who has been litigating for 20+ years, of which twelve were in private practice. She also has a long resume of working with troubled children in various managerial and legal capacities. This is a great background for a Judge – in the trenches and there for a long time.” She almost won last time, and I’ll vote for her again. That said, both other candidates, Louis Martinez and Vivianne del Rio, sound like people who would make decent judges. Del Rio is an ASA, Martinez is a former AUSA. FWIW, the Herald endorses Gordon too.

Happily, whoever wins we should be fine.

Posted in 2018 Election, Florida | 1 Comment

Gillum Speaks in Coral Gables

I attended an Andrew Gillum event last night, and recorded most of Gillum’s inspirational speech (I didn’t record the extensive thank-yous that prefaced the talk.)

Posted in 2018 Election, Florida | 4 Comments

Nothing Remotely Like a Fascist

Nothing to worry about, move along.

Posted in Trump | 3 Comments

Really?

My feed had the headline “VA official proudly displays KKK Grand Wizard portrait in his D.C. office” and quoted the official as saying about the portrait that, ‘I thought it was very nice’. Uh-huh. No one is that dumb, right?

I mean, I can sort of believe that a person might not know that Nathan Bedford Forrest was the founder of the Klan until someone pointed that out, but even so, how dumb do you have to be to hang a lighted portrait of a Confederate General in your federal government office? When nine out of 14 of your senior staff are Black? And then refuse to take it down when they point out the problem? Not credible.

And am I really supposed to believe that the VA has an “Office of Small and Disadvantaged Business Utilization”? Surely that belongs in the SBA, not the VA, right?

Well, shows you what I know. The article was from Boingboing, not the Onion. The Washington Post confirms the story and adds more damning details. And the VA does have an  “Office of Small and Disadvantaged Business Utilization”.  And someone with a decent supervisory civil service (not a Trump political appointee) job is really that dumb.

Posted in Onion/Not-Onion | 1 Comment

Twitter Follower Audit

SparkToro analyzes a random sample of 2,000 of your Twitter followers and tries to estimate how many are fake.  I did OK (love the spike at 9 out of 10), and given the methodology I think the 12% fake number is probably a slight over-estimate..

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