Top Florida Republicans admit that “voter fraud” laws are about suppressing turnout.

The prior chair of the Florida Republican Party (2006–2010) and former governor Charlie Crist (2007–2011) have both told the Palm Beach Post that they didn’t push voter ID laws and the like in order to reduce fraud (there is none)—they did it to suppress turnout. The more people voting, the better Democrats do. They invented the fraud concern as a “marketing ploy.” Both men are on the outs with Florida Republicans, and this probably isn’t helping them make up. 

Government can’t create jobs. Except when McDonnell does it.

A press release from Gov. Bob McDonnell’s office one year ago contained this quote:

If we’re going to lead America’s economic recovery, we have to remember that small business, not big government, creates jobs.

That’s a familiar refrain, heard often during the recent election, most frequently uttered by people seeking a job leading that very government that cannot create jobs.

A press release from McDonnell’s office today:

“The opening of the 495 Express Lanes means opportunity for Virginia,” said McDonnell. “The project not only helped create jobs during construction, but will continue to make Northern Virginia a more attractive place to work and live.”

Last year, McDonnell told us that government couldn’t create jobs. But today, he tells us that, it could and it did. I wonder what happened in the intervening year?

George Allen says he’s done running for office.

Thank God. What an embarrassment it would have been for Virginia if this casually vicious racist had won. He fashioned himself in the image of the unreformed old southern racists of the 1960s, and never bothered to update his mindset, only how to fake it for brief stretches. In the meantime, Virginia—and the whole US—changed around him. Maybe he can spend even more time now fighting against anti-Semitism, since he told Wolf Blitzer in 2006 that he’d “use [his] time on Earth” to do just that. I wonder how that’s been going in the intervening six years? 

What’s next for the Republican Party after last night’s many defeats?

Barack Obama reelected by an overwhelming electoral vote. Both Mitt Romney and Paul Ryan lost their home states. All the rah-rah-rape U.S. Senate Republicans defeated. George Allen defeated by Tim Kaine. Scott Brown defeated by Elizabeth Warren. Tommy Thompson defeated by Tammy Baldwin, the first openly gay member of the U.S. Senate. Gay marriage approved in two, maybe three states. Recreational marijuana approved in two states. All of this forecast precisely in polling, polling that Republicans overwhelmingly rejected the very science of, utterly convinced that, mystically, Romney would win. The nation took a big step to the left, and everybody but the Republican Party saw it coming months ago.

Where does the Republican Party go from here? If past is prologue, it goes farther still to the right, finding yet more sciences to reject, new bogeymen on whom to blame their woes, new RINOs to eject from the party in ritual purification.

But if the grown-ups can step in, perhaps the Republican Party has a different future. They’ve got to tamp down the strong anti-intellectual strain in the party that makes it the welcoming home of Donald Trump, Rick Perry, Michele Bachmann, and Sarah Palin. Drop the battle against science and facts. Drop the fight against the demographic tide and stop opposing gay marriage and Latinos. And drop the no-taxes-ever schtick—often the opposite of fiscal conservatism—in favor of the economic conservatism that the Republican Party espoused for a century.

Equally important, Republicans in Congress need to stop putting their ideological opposition to some of the president’s policies before the good of the nation. Taking the nation to the brink of bankruptcy to make a muddled point, Mitch McConnell’s famed “single most important thing we want to achieve is for President Obama to be a one-term president” remark, opposing every little thing just for the sake of opposing it. This is why Congress has a 10% approval rating, which ranks below support for the U.S. becoming a communist nation. They’ve got to start leading instead of opposing.

The country has changed. So has the Republican Party. But the two are moving in opposite directions. This nation needs a second party to participate in the political process. We’re facing some big problems right now, and we need two parties working towards solving them, rather than one working towards solutions while the other works towards undermining those solutions. I hope last night’s defeat will help the Republican Party become that party.

On the proposed constitutional amendments.

A lot of people have been asking me what the deal is with the two proposed constitutional amendments that we Virginians will be presented with Tuesday. Here’s a brief explanation of each.

Amendment 1: Eminent Domain

Shall Section 11 of Article I (Bill of Rights) of the Constitution of Virginia be amended (i) to require that eminent domain only be exercised where the property taken or damaged is for public use and, except for utilities or the elimination of a public nuisance, not where the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development; (ii) to define what is included in just compensation for such taking or damaging of property; and (iii) to prohibit the taking or damaging of more private property than is necessary for the public use?

That’s the question that will actually appear on the ballot. Here’s the text that would be added to the constitution:

That the General Assembly shall pass no law whereby private property, the right to which is fundamental, shall be damaged or taken except for public use. No private property shall be damaged or taken for public use without just compensation to the owner thereof. No more private property may be taken than necessary to achieve the stated public use. Just compensation shall be no less than the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking. The terms “lost profits” and “lost access” are to be defined by the General Assembly. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services. In all other cases, a taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property. The condemnor bears the burden of proving that the use is public, without a presumption that it is.

This is in response to the 2005 Kelo v. New London decision, in which the Connecticut city condemned private land to transfer it to another private owner for an ostensibly higher economic purpose. In a 5-4 decision, the Supreme Court ruled in favor of New London, and the decision was not entirely well received by the public. In the 2007 session of the Virginia General Assembly, they responded to this decision by passing SB1296, which created § 1-219.1—Limitations on eminent domain, providing a narrow interpretation of the definition of “public use” as used in the constitution, so as to prohibit a New London-style taking. That settled the matter. And yet this proposed constitutional amendment.

A lesser problem with this amendment is that it doesn’t fit in at all with the rest of the constitution. Constitutions are for broad, simple statements to be built upon in statutory and case law. This amendment is very, very wordy, and very specific. It’s 250% as long as the Article I, Section 12, which guarantees freedom of speech, freedom of the press, freedom of assembly, and freedom to petition the government. All too often, the legislature uses Virginia’s constitution as a dumping ground for reelection fodder, converting statutory laws into constitutional law to no apparent benefit (e.g., constitutional regulation of oyster beds—seriously).

This a poorly written, overly specific amendment that does nothing. It’s opposed by nearly every locality in Virginia. I intend to vote against it. It will almost certainly pass.

Amendment 2: Legislative Sessions

Shall Section 6 of Article IV (Legislature) of the Constitution of Virginia concerning legislative sessions be amended to allow the General Assembly to delay by no more than one week the fixed starting date for the reconvened or “veto” session when the General Assembly meets after a session to consider the bills returned to it by the Governor with vetoes or amendments?

The legislature meets in January and February, and then they go home for a while while the governor considers the bills that they passed. Then they get together again in early April, generally just for one day, to vote on whether they want to override any of the governor’s vetoes. They’re constitutionally required to meet on the sixth Wednesday after the session ends.

The problem here is that the veto session date often falls during Passover, the week-long Jewish high holiday. My guess is that there were zero Jews in the General Assembly when this bit of the constitution was written. That’s no longer the case. This amendment lets them pick a different day within a week of the constitutionally prescribed day. This amendment passed the House and Senate unanimously, and there is no organized public opposition to it (or disorganized opposition, that I know about). I can envision no harm in it, and I’m happy to support it.

The New York Times is looking at Virgil Goode.

The only press coverage that Goode is getting for his wacky fourth-party presidential bid is for the possibility that he may be a spoiler for Romney in Virginia. This is another story in that vein. If Romney does lose Virginia by Goode’s Tuesday tally, a lot of people will be upset, but I’m pretty confident that Goode will not be among them. This is his fourth political party in the past decade—if need be, he’ll just join a new one.