Category Archives: Term Limits

Weren’t Term Limits Supposed to Fix All This?

By Adam Pagnucco.

Recently, one of our readers emailed me this reaction to my column on Republican support for Nine Districts.

Dear Adam, thanks for covering the “Nine Districts” matter. Rest assured, there is at least one dyed-in-the-wool Democrat who believes that County Council has for years betrayed the voters and residents on planning issues … and welcomes trying a new approach that might bring to end the years of County Council’s betrayal of voters and residents … so passing the “Nine Districts” ballot measure might not be a silver bullet, but it sends a strong signal — like passing the “term limits” ballot measure — that County Council’s betrayal of voters and residents has not gone unnoticed and that, to the extent possible, County Council will be held accountable by the voters they have betrayed.

This reader has an interesting point in bringing up term limits. The coalition for Nine Districts bears a more-than-passing resemblance to the coalition supporting term limits in 2016. Both groups contained Republicans, business folks, unhappy developers, moderate Democrats and everyone else who opposed the status quo. Some upcounty residents see a lot of appeal in Nine Districts. Four years ago, Clarksburg, Damascus, Derwood, Laytonsville, North Potomac and Poolesville voted in support of term limits by 80% or more.

Now let’s consider what Nine Districts supporters had to say about why they favored that initiative. There are themes of being ignored, losing out to downcounty and/or “Takoma Park” progressives, dissatisfaction with planning issues and more. Those very same grievances were cited by term limits supporters four years ago. And term limits were sold as the magic elixir that was supposed to fix it. All of it.

One thing that the term limits vote accomplished is that it spawned enormous, although probably temporary, aversion to tax hikes at the county council. Five council members who voted for the 8.7% property tax hike in 2016 that preceded the 70% vote for term limits are still on the council. Most of them along with at least half of the freshmen have opposed tax hikes at nearly every turn over the past year. When the county executive proposed a tax hike to fund more money for schools, eight of the nine council members immediately rejected it out of hand. When members of the General Assembly offered more taxing power to the council, a majority of them rejected that too even though it was merely enabling authority. They also rejected a hidden tax hike that was buried in the county executive’s budget. Council Member Evan Glass’s bill to tax teardowns is in limbo. And though they don’t favor Robin Ficker’s draconian charter amendment banning property tax increases, the council proposed an alternative containing a unanimous vote requirement for breaking the charter limit. Let’s remember that the latter requirement originated with a charter amendment passed by Ficker in 2008.

Yes, it’s true: so far, the county council of 2020 has had the same position on breaking the charter limit on property taxes that Robin Ficker had in 2008. No one seems to have noticed.

Someday, the anti-tax sentiment on the council will fade. Term limits, after all, create lame ducks who are by their nature immune from political accountability in the event that their careers in office are over. Throw in the county’s humungous multi-year revenue crash and we have not seen the last of tax hikes.

Whatever becomes of taxes, none of the other things that term limits were supposed to “fix” have been “fixed.” Four years later, supporters of Nine Districts are still complaining about those very same things. Here’s a prediction, folks – if Nine Districts passes, the new county council will be seen as just as bad as the current one by a faction of angry residents who will then spawn a new charter amendment – for the same reasons. And on and on it will go.

Instead of endlessly rejiggering the charter, how about we organize people to vote for adults? And then if the politicians act like bottle-throwing babies, vote them out. A few election cycles of that will send a message to the politicians that they won’t forget, even more so than term limits or nine districts.

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What Will Term Limits Voters Do?

By Adam Pagnucco.

MoCo Democrats are not monolithic.  There are several segments of them.  There are the 40,000 or so Super Democrats, the ones who vote in every mid-term primary.  Then there are the sixty percent of MoCo Dems who are women.  There are the voters who live in the Democratic Crescent – the area from Takoma Park over to Bethesda and Cabin John – who disproportionately turn out to vote.  And of course there are people over age 60, who account for a majority of regular voters.  Candidates are aware of all of these groups and target their communications to them.  But there’s one group – potentially a big one – which few people are talking about.

Term limits voters.

In the 2016 general election, 70% of voters approved term limits.  We know that a majority of the Democrats who voted in that election supported term limits because of simple mathematics.  In that election, 62% of the voters were Democrats.  If all 38% of the voters who were Republicans, third party members or independents voted yes, then the other 32% must have come from the Dems.  Divide 32% by 62% and you get 52% of Dems voting for term limits.  If a few of the non-Dems voted no, the Dem percentage goes up.

The other thing we know about term limits voters is where they live.  Every part of the county voted for term limits except Takoma Park.  In most Downcounty areas, term limits support ranged from 60% to 70%.  Upcounty areas were more supportive with term limits getting 80% or more of the vote in Clarksburg, Damascus, Derwood, Laytonsville, North Potomac and Poolesville.  Upcounty areas have greater concentrations of Republicans than elsewhere.  We ran a correlation coefficient between Republican voter percentage and term limits vote percentage at the precinct level and it worked out to 0.6 – meaning that partisan status was associated with most, but not all, of term limits variability.  In other words, other things were at work too.

That’s about all we know about term limits voters from public data.  There’s a whole lot we don’t know, including:

How many people who voted for term limits in that general election are going to be voting in this mid-term primary?

We have said it before and we will say it again: MoCo Dem primary voters are not the same people as MoCo general election voters.  Just because a majority of presidential general election Dems voted for term limits does not mean that a majority of this year’s mid-term primary Dems will have voted for them.  In fact, we bet it will be a lot less purely because the 40,000 or so Super Dems will be somewhere between 30 and 40 percent of this year’s electorate and we are skeptical that they disproportionately voted for term limits.  That said, the number of term limits voters this year won’t be zero – they are definitely out there.  Even if you split the difference and assume that a quarter of this year’s Dem primary voters supported term limits, that’s a big enough chunk to swing an election.

Why did people vote for term limits?

This is another question to which there is no answer outside of polling.  We tend to agree with former Council Member Steve Silverman, who told Bethesda Magazine, “It was a combination of interests that created the perfect storm that led to the passage of term limits.”  In other words, there were many factors that drove those votes: anger with the nine percent property tax hike, concerns over land use, unhappiness with traffic and cost of living or maybe a simple desire for change, however nebulous that might be.  While we believe that the Dem primary electorate is indeed different from the general electorate of two years ago, we don’t believe those concerns have gone away.

Who will they support this time?

That’s an easier question.  Whatever the reason, it’s hard to interpret the vote for term limits as anything other than a call for change of some kind.  The current Democratic field for Executive contains three term-limited Council Members and three people who are not term-limited Council Members.  That’s a little simplistic – Marc Elrich is running as a progressive change candidate despite his 31-year history of elected office.  But since Takoma Park is Elrich’s home base and that is the only area in the county which voted against term limits, we are hesitant to believe that many term limits supporters are Elrich voters.  Rather, we believe they will lean to the three outsiders – Delegate Bill Frick (D-16), former Rockville Mayor Rose Krasnow and businessman David Blair.  And of those three, Blair has by far the most resources with which to communicate with them.

Speaking of Blair, we found his recent exchange with Washington Post reporter Jennifer Barrios fascinating.

When asked about his political base, David Blair considers the question then poses one of his own.

“My political base,” he says after a pause. “So does that mean who’s going to come out and support me?”…

“The people that tend to gravitate to me are the ones that believe Montgomery County is a great place to live but we’re slipping,” Blair said. “And there’s a level of frustration, and it could be related to transportation, schools, social services and this — why can’t a county with this level of wealth pay for the services that we need? — and a recognition that a healthy community needs a vibrant, growing business community.”

Those people sound like term limits voters and they have the makings of a political base.  Marc Elrich knows exactly who his base is: progressives, development opponents and people who live in and around Takoma Park.  Elrich’s messaging smartly concentrates on those voter segments.  His troops’ ability to get out those votes is a major reason why he might be the next Executive.

Term limits voters won’t be a majority of the Democratic mid-term primary electorate.  But they might be large enough in numbers to rival the size of Elrich’s base.  If Blair can organize them – and if there are enough of them – we might be staying up late on election night.

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They Just Don’t Get It

After Adam Pagnucco’s terrific and thought-provoking post from yesterday, I had an interesting conversation with Councilmember Nancy Floreen on Facebook. A very smart and knowledgeable former Council President who is happy to defend her record, the conversation was inadvertently helpful to me in understanding why term limits passed so overwhelmingly.

They Don’t Get It. At All.

Voters didn’t quite say “You have sat too long for any good you have been doing lately. . . Depart, I say; and let us have done with you. In the name of God, go!” in the manner of Oliver Cromwell to the Rump Parliament (repeated famously by a Conservative MP to Neville Chamberlain). But a 70% vote in favor of term limits is pretty darn close.

Yet, reflecting a common view on the Council, Nancy Floreen ascribes no meaning to the vote whatsoever, including viewing it as a vote against the status quo (see full Facebook exchange here). In short, there is now a yawning gap between how councilmembers see their work and the County government, and how voters see them.

This ostrich-like response on term limits–and even though I voted against them and really like and respect Nancy, I don’t know what else to call it–vividly demonstrates this distance and why voters supported them.

The Divorce

On reflection, I realized that something fundamental has changed about how voters see the County government. When I was a more of whippersnapper, people had a much more positive view of the County government. Yes, people paid a lot in taxes but the results were visible in terms of quality services from excellent schools to parks to libraries that made it a great place to raise kids.

People are now much more divorced from their County government–and not just because our population has doubled. Traffic, always bad, is now far worse. We’ve gone through a long period in which taxes have gone up but visible outputs in terms of those excellent services, such as libraries, are going down.

People even worry increasingly about the quality of our beloved school system and whether they’re getting value for money. Metro is no longer spanking new but decaying and dysfunctional. Other infrastructure from electric wires to gas lines to water mains needs replacement.

Why Did Voters Want to Throw the Bums Out?

Many of the problems that the County faces have little to do with its current membership. At least part of the term limits vote stems from having gone through a tough period when difficult, unpopular choices had to be made. And yet, the reasons that voters decided to make the psychological trial separation from the County a full-scale divorce via term limits go beyond that.

The Bubble

County Councilmembers are insulated from the public unless they make a strong effort. The highly symbolic locked door that prevents the plebeian masses from even entering their offices is just the start of it. Staff insulates councilmembers from the public, both by fielding calls and answering email.

Besides naturally supportive staff, councilmembers get a lot of positive feedback from visitors. After all, people lobbying for something tend not to want to alienate the Council. After 12 or 16 years, who wouldn’t be changed by that?

Two Electorates

Roughly 10% of eligible voters participate in the Democratic primaries that elect our local officials. Turnout in Montgomery has been stagnant, so politicians focus on the increasingly small share of people who participate in these contests.

The focus on the odd few of us who vote consistently in Democratic primaries leaves the rest feeling disengaged from politics, as politicians sensibly don’t reach out to them at election time because it won’t help them win.

It also leaves politicians with a pretty warped sense of what the average voter wants because the few who participate in primaries of either party tend to be more extreme than not just the average voter but also the average member of their party.

Term limits was one of the few ways that the other 90% could express dissatisfaction with local officials in a meaningful way other than casting a symbolic vote for a Republican, a brand tarnished by national Republicans that mostly fields weak or even nutty candidates here.

Confusing Congress and Local Government

Too many members of the Council seem to want to be national legislators and opine on the great national issues of the day. Increasingly, this creeps into legislation with more time spent on issues away from core functions.

I miss those wonderful ads with Doug Duncan taking out a voter’s trash. To voters, this said that he got it. One reason County Executive Ike Leggett was able to turn back challenges to his leadership despite being the man in charge at a difficult time was that (1) he showed an unusual capacity for listening at events around the county, and (2) he responded to voters with not just deep fluency on local issues but also a respect for voter concerns. At a town hall meeting with Ike, voters always felt heard.

Property Taxes

Most people’s salaries have been stagnant. Nonetheless, the County raised taxes by over 9%. At a time when many voters find it hard to live within their means, the County made it harder by increasing taxes. As it turns out, berating voters that they don’t care about schools or social justice if they feel this way doesn’t work.

In other words, it is time for the County to start to figure out how to live within its means. Maybe this means tax reform of some sort–no, not in the guise of a massive tax cut like federal Republicans–such as eliminating loopholes that help some but not most of us. Councilmember and County Executive Candidate Marc Elrich made a good start by highlighting an old post by Adam on a tax break for country clubs. But it may also mean taking on labor to rein in costs, actions Councilmember Roger Berliner or Del. Bill Frick, also running for executive, are more likely to do.

The tax argument for term limits was made especially effective by the 28.1% pay increase that the Council voted to award itself in 2013. The Citizens Commission report had recommended a 17.5% increase in one year plus COLAs. That would’ve given the Council a 17.8% increase through 2016 based on the CPI for the Washington-Baltimore region. Comparing annual wages per employee in Montgomery County from 2013 and 2016 reveals that private sector wages have risen just 7.6% in current dollars.

The People v. The Powerful

Monied interests are way better at working Rockville than the rest of us. While members of civic associations are part-time volunteers who are not always up on the latest in ZTAs (zoning text amendments), developers and other powerful interests have expensive lawyers who know how to work the process.

This critique is very different than rich v. poor because the problem affects neighborhoods across the County. Developers and other interests can afford lawyers who can navigate them through the process and leave neighborhoods feeling powerless.

Social Engineering

This intersects with the social engineering tendencies of both the Council and the Planning Board. Personally, I think smart growth is generally a great thing that builds urban nodes like Silver Spring, Rockville and Bethesda where many people want to live or to spend time.

At the same time, it needs to be done with sensitivity and awareness of existing neighborhoods. Most people moved out here for the suburban lifestyle of a house and a yard. They don’t appreciate being told that they’re outdated and even being demonized for caring about their neighborhoods and worrying about whether the infrastructure can handle the growth.

Moreover, those who have lived here a long time have a healthy suspicion of urban planners. In the 1970s and 1980s, these are the same people who told us that elevated urban plazas behind office buildings were the wave of the future. Total disaster.

I think they’ve got it more right this time with smart growth. But carrying it out in such an ideological manner that dismisses neighborhood concerns alienates the people who are supposed to be served. Downcounty residents are mighty tired of hearing patronizing talk of how much they’ll like that new 30-story building looming across the street from their home. Or that traffic is good because it will force us to ride the decaying Metro that doesn’t take us to the supermarket.

Upcounty residents really do want some of those promised roads built and are real tired of begging. If you don’t believe me, check out the hundreds of petition signatures submitted by upcounty citizens (see below) who are deeply unhappy that Councilmember Hans Riemer’s proposed resolution on traffic solutions for the area drops the M-83 extension of the Midcounty Highway.

Put another way, start treating smart growth like a very good idea to be pursued in concert with residents rather than a new religion desperate to burn some heretics. The Council made a good start with the Bethesda Master Plan. It wasn’t perfect but it was a good process so kudos, especially to Councilmembers Roger Berliner, Marc Elrich and Hans Riemer. But concerns have already arisen that development will go beyond what is in the plan, as developers and their lawyers are already working the process.

Ferment in the Land

So yes, it’s definitely “a time for a change” election. Yet, we may end up with a crowd that has much the same views as the previous one but voters will welcome the change of faces. And, who knows, new faces may bring some good new ideas and approaches.

Here’s hoping.

M-83 Petition Signatories 101717 by David Lublin on Scribd

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Leventhal Blames Term Limits on “Right Wing Populism”

By Adam Pagnucco.

In a post on Senator Cheryl Kagan’s Facebook page, Council Member George Leventhal has blamed the voters’ passage of term limits on “right wing populism.”  Yes folks, you read that correctly!

On Sunday, Senator Kagan posted an innocuous account of the number of reusable bags she has accumulated in the wake of the county’s use of a bag tax.  (Your author and many others can relate!)  Her post had nothing to do with term limits and she even stated her support of the bag tax.  Nevertheless, Leventhal replied within ten minutes.  “Constituents have told me the bag tax was a primary reason term limits passed. I support the bag tax too, but I’m just letting you know that you walk a thin line when you associate with right wing populism by identifying yourself with term limits.”

First, Kagan did nothing to identify herself with term limits or with right wing populism of any kind.  No reasonable person would make those leaps of illogic by reading her post.  Second, while Robin Ficker and Help Save Maryland may have gathered signatures for the term limits charter amendment, 70% of the county’s voters (and a majority of Democrats) voted for term limits.  Third, at the same time that “right wing populism” was apparently sweeping the county, those same voters supported Hillary Clinton over Donald Trump by 75%-19%.  The alleged right wingers also voted for Chris Van Hollen and Jamie Raskin by more than 50 points each.

Large majorities of every part of the county except Takoma Park voted for term limits.  Is right wing populism running wild in MoCo?

Part of what is going on here may be a reaction to Kagan’s consideration of a run for County Executive, an office which Leventhal is seeking.  Potential rivals are right to fear Kagan.  She is an outstanding candidate who is a veteran of two recent hard-fought Senate races and has many fans inside and outside of her district.  She is also plenty tough, having sent out mail against her 2014 opponent showing him “gallivanting around as a Republican elephant masquerading in a Democrat donkey mask.”  She is unlikely to be intimidated by unfriendly statements on Facebook.

There are many reasons for the passage of term limits: the giant tax hike of 2016, declining local media coverage, falling voter turnout, unhappiness with nanny state laws and, in some areas, dissatisfaction with recent master plans.  These factors and more combined to produce the biggest political revolt in MoCo in fifty years.  But there is no evidence that right wing populism played a decisive role here.  Leventhal’s remarks are reminiscent of his equating term limits supporters with Brexit voters and his branding of the entire effort as “dumb and unnecessary.”  His views do not appear to have changed.

Disclosures: Your author is a big fan of Kagan, has done campaign work for Roger Berliner in the past and publicly supports Berliner for Executive.

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Did MoCo Term Limits Cause More Competition?

By Adam Pagnucco.

One theory making the rounds in MoCo’s political world is that the passage of term limits for county officials is responsible for creating the high level of candidate competition we are now witnessing.  An opposing point of view is that this competition would have happened anyway due to other factors, such as County Executive Ike Leggett’s retirement and the availability of public campaign financing.  Who’s right and who’s wrong?

In assessing these two views, we asked the candidates themselves which one has more truth.  Following are the perspectives of six people who are actual or potential candidates for seats with term limited incumbents.

Source 1: There is no doubt in my mind that term limits and the resulting open seats are among the most important reasons there are so many people running for council. I have heard that from a number of other candidates.

Source 2: I think there would have been healthy competition without term limits for the same reason that term limits passed. People are ready for some change. Public financing is also a big factor in bringing in new candidates. It would have emboldened challengers even without term limits. Now we have three term limited council members vying for Executive. Room there for new blood, don’t you think?

Source 3: I think Leventhal, Berliner and Elrich would have run anyway. Not sure about Floreen. So I think there would have been a large number of new people anyway. And then public financing probably doubled that number.

Term limits author Robin Ficker credits his successful charter amendment for promoting “fresh ideas.”  Is he right?

Source 4: I believe that Ike would not have sought a 4th term regardless of the term limit issue. This would have freed up seats because of the interest in running for CE. I’m also not confident that Nancy Floreen would have sought an additional term anyway. I’m more in the “competition would have occurred anyway” camp. In my opinion, the number of open seats because of an opening for CE plus retirement, coupled with public finance and the “Trump effect” have created the high level of interest and competition that we will see.

Source 5: You can entertain all sorts of theories and hypotheticals but at the end of the day, more people run when there’s an open seat.  And more seats (probably) opened because of term limits. I mean, might Elrich, Berliner and Leventhal have run for CE anyway? Maybe. But term limits seems to make the current scenario much more likely, and thus draw in more competition because there are more open seats. I also think some “perfect storm” effect of term limits and public financing landing in the same cycle probably enhanced the overall effect on competition. But I think term limits are more significant here than public financing is.

Source 6: Term limits were very helpful in demonstrating the mood of the electorate: an across the board and widespread feeling that they wanted new leadership and a different approach. But I honestly don’t think it made a material change in the number of open seats — just the feeling of those running, thinking about running and the electorate. Unless people think Ike would have run for a 4th term which I don’t but I imagine would have been possible.

Our Take

The key to understanding the impact of term limits is the decision-making of incumbent County Executive Ike Leggett.  After being elected to his second term as Executive in 2010, Leggett said that he was “originally inclined not to run again.”  That stance helped induce former County Executive Doug Duncan and Council Members Phil Andrews, Valerie Ervin and George Leventhal to consider running for Leggett’s seat.  But by November 2012, Leggett was considering another run and he made it official in June 2013.  Ervin (who had commissioned a poll) and Leventhal decided not to challenge Leggett and he went on to defeat Duncan and Andrews in 2014.

This time around, term limits robbed Leggett of the ability to change his mind.  He ruled out another run last October, but by that point it had become clear to nearly everyone that term limits were going to pass.  Once they did, Leventhal and fellow Council Member Marc Elrich were running for Executive in short order and their colleague Roger Berliner soon followed.  Might Leggett have retired anyway?  Sure, but term limits answered that question once and for all.  Term limits also ruled out another council run for at-large incumbent Nancy Floreen.  These open seats plus public financing have created a historic deluge of county-level candidates in MoCo.

Our sense is that term limits alone did not cause all the competition we are seeing.  But they did bring clarity to the political landscape and they accelerated the plans of many candidates.  One of them, at-large candidate Bill Conway, has already claimed to qualify for public matching funds in the county’s public financing system.  Others are on the way.  One more thing seems clear: almost no one is mourning the passage of term limits.  Many Democratic activists seem pleased with the abundance of choices they will have next year.  On to the future.

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Term Limits Vote by Precinct

By Adam Pagnucco.

The precinct results on Montgomery County’s Question B, the charter amendment imposing term limits on the County Executive and County Council, are in.  The message they contain has significant implications for the next election.

First, let’s look at the overall results by type of vote.  Term limits passed overwhelmingly among early voters, election day voters and absentee and provisional voters, though early votes were lower than the other two categories.  As an aside, check out how early votes comprised a third of all votes, reflecting the growing popularity of this type of voting.

Next, let’s examine the distribution of precincts by vote results.  Ninety percent of the county’s 257 precincts passed term limits by at least twenty points.  Only four(!) precincts voted against term limits.  Of those, three were in Takoma Park and the other was in Silver Spring inside the Beltway.

Below are the results for Congressional, state legislative and council districts as well as a cut distinguishing inside vs outside the Beltway.  Again, every single split shows huge support for term limits, with Upcounty areas higher than Downcounty areas.

Now let’s look at results by local area.  Every area in the county passed term limits by at least 20 points except for Takoma Park – the only place that voted against term limits.  Clarksburg, Damascus, Derwood, Laytonsville, North Potomac and Poolesville had support for term limits of 80% or more.

We contrasted the election day results of the term limits votes in 2004 and 2016 to calculate where support for term limits had grown the most.  An important caveat: early voting did not exist in 2004 so that may impact the nature of this presentation.  Overall, support for term limits among election day voters grew from 48% to 72%, a change of 24 points, and most areas had changes in that ballpark.  There are two exceptions.  Takoma Park, where term limits support grew by 17 points, had the least change.  Leisure World, where support grew by 32 points, had the most change.

Below are the results on precinct demographics.  There is very little variation between heavily white, black, Hispanic or Asian precincts, indicating close to uniform support for term limits.

The partisan nature of precincts was an important predictor of term limits voting.  The chart below shows term limit votes by the precinct registration percentages of both major parties.  Precincts that were the least Democratic and the most Republican passed term limits with more than 80% of the vote.  Precincts that were the most Democratic and the least Republican passed term limits with more than 60% of the vote.  The correlation coefficient between these two measures was 0.60, indicating a significant relationship between them.

The big question now is how the term limits vote will affect the 2018 Democratic primary.  Let’s remember that the presidential general electorate and the mid-term Democratic primary electorate are two very different groups of people.  In 2014, Democratic primary voters supported every county-level incumbent running for reelection only to have presidential general voters effectively kick them out two years later.  Nevertheless, there is substantial evidence that many voters who supported term limits will be voting in the 2018 Democratic primary.

  1. At least half of county Democrats voted for term limits. Consider the following.  First, 60% of MoCo presidential general election voters are Democrats.  Second, if all the Republicans and unaffiliated voters supported term limits, that would be 40% of the vote.  However, term limits passed with 70% of the vote.  So that extra 30 points must have come from Democrats and would account for half of them.  If any Republicans or unaffiliated voters did not support term limits, then a slight majority of Democrats would have voted yes.  The point here is that term limits could not have hit 70% support without massive numbers of Democrats favoring them.
  1. Almost all of the Downcounty Democratic strongholds – Bethesda, Chevy Chase, Kensington and Downtown Silver Spring – passed term limits by more than 20 points. Only Takoma Park voted no.  These are the same areas that voted overwhelmingly for Jamie Raskin in the 2016 primary and are responsible for sending him to Congress.  In the 24 precincts where Democrats accounted for 70% or more of registered voters, term limits passed with 62% of the vote.
  1. Nearly two-thirds of regular MoCo Democratic primary voters are age 60 or older. This makes the term limits vote in Leisure World especially noteworthy.  In 2004, 40% of Leisure World voted for term limits, eight points below the county average.  In 2016, 72% of Leisure World voted for term limits, the same as the county average.  That 32-point shift was the biggest of any local area in the county.  The importance of seniors among Democratic voters cannot be overstated and their huge shift in favor of term limits is deeply meaningful.

The term limits vote was the biggest revolt of MoCo voters in at least fifty years.  Everyone running for office in 2018 – incumbents, challengers and open seat candidates alike – must take that into account.

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MoCo Revolts

By Adam Pagnucco.

In a thundering rebuke to Montgomery County’s governing establishment, voters have passed term limits by a 38 point margin with early votes and election day votes counted.  Folks, let’s call this what it is.

A Revolt.

This year will see one of the largest electorates in Montgomery County history.  While the absolute number of voters may be declining in our mid-term elections, it has been steadily rising in presidential general elections.  County residents voted overwhelmingly for Hillary Clinton over Donald Trump (by 54 points as of this writing).  But they also voted for term limits despite the fact that most county voters are Democrats and all county elected officials are Democrats.  This year was reminiscent of the 2008 general election, during which MoCo voted for Barack Obama by 45 points but also approved Robin Ficker’s charter amendment restricting property tax hikes by just 5,060 votes.  This demonstrates the capacity of county voters to keep national issues and local issues separate when they so desire.  The big difference between 2008 and now is that the margin of term limits’ passage was so titanic that it’s possible that half of all Democrats voted for it.

The scale of this upheaval is virtually unprecedented.  Sure, County Council incumbents have been defeated here and there and a sitting County Executive was beaten in 1990.  But the voters voted against all the incumbents this year, or at least put an expiration date on their services.  To find something comparable, you would have to go back to 1962, when five of seven Council Members were ejected, and 1966, when six Council Members were defeated.

Former County Council Member Steve Silverman astutely characterized term limits supporters as “a convergence of strange bed-fellows.”  County employees upset about reduced raises, business people unhappy about what they see as an unfriendly business climate, residents opposed to new master plans with more density, Republicans and unaffiliated voters angry about being marginalized, opponents of the county’s liquor monopoly, people upset about the recent Giant Tax Hike and nanny state laws, and those who genuinely regard term limits as facilitating good government came together as they never have before.  As David Lublin wrote, these groups may have had incompatible visions of what county government should be, but all of them believed the way to get there was to get rid of the incumbents.

Term limits opponents made two primary arguments.  First, they described term limits as “an attack on progressive government.”  This had the effect of making the term limits question a referendum on current county elected officials, a perspective actually shared by many supporters.

term-limits-opposition-fundraiser

And second, they tried to make term limits toxic by emphasizing their support by figures like Donald Trump, Robin Ficker and Help Save Maryland.

term-limits-trump-ficker

That strategy didn’t work for two reasons: the opponents were vastly under-funded as they were going uphill and the message itself was not calibrated for a general electorate that is less liberal than Democratic primary voters.  Social media proved to be the weapon of choice for both sides, and in terms of Facebook likes, supporters outgunned opponents by a ratio of 13-1.  Opponents were counting on the Democratic sample ballot and the Apple Ballot, both opposing term limits, to win.  But whereas the sample ballot is often mailed to all county Democrats, this time around it was mailed only to those who had newly registered.  And the teachers union did not supplement its Apple Ballot poll coverage with multiple mass mailings as they do in mid-term years.  Accordingly, the impact of both ballots was blunted.  Opposition organizer Tom Moore made a valiant effort, but this was an unwinnable campaign from the start.

To be fully understood, this year’s vote must be put into the context of recent history.  Since 2008, county voters have decided four major ballot questions and each time they took what was arguably the less progressive position.  Put those four votes together and here is the message from the voters:

We don’t want more property taxes.  We don’t want more government fees.  We don’t want a labor union running the police department.  And even though most of us are Democrats, we are telling the Democrats who run the county government that twelve years in office is long enough.

This is pretty much the opposite of the long-standing posture of the county’s political establishment.  And it’s not just coming from flakes, fanatics and fringe types like Robin Ficker and Help Save Maryland – it’s coming from a majority of county voters.  If there was ever a moment for the governing class to do some soul searching, this is it.

Opponents of term limits may be right about one thing – they may change the names of elected officials, but not the type of them.  Democrats, often very liberal ones, will continue to be elected because of our closed primary system.  But the combined message of the last four ballot questions imposes a hard choice on the elected officials of today and tomorrow.  They can try to balance the interests of various constituencies across the political spectrum at the possible cost of losing the progressive support that influences Democratic primaries.  Or they can stay the course and watch more moderate general election voters pass even more restrictive ballot questions, including perhaps the ultimate bane of progressivism – a hard tax cap.

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On Term Limits

This year’s term limits vote is the hot local topic of debate in Montgomery County. Or it would be, if either the pro or anti-term limits campaigns had any money to broadcast their message. Voters will largely have to decide for themselves whether they want term limits for the County Executive and County Council.

Political scientists tend to oppose term limits as anti-democratic. The exception is that presidential term limits often seen as preventing an unhealthy concentration of power. In emerging democracies, presidential term limits are increasingly seen as a good means to promote the rotation of power.

So why are so many Montgomery County voters ready to approve term limits that anti-democratically limit their own rights to reelect people to public office?

The Selectorate

A key reason is that many people don’t feel that they have much say over their government. This isn’t just hot air. Unless you vote in the critical Democratic primary that effectively decides elections for all partisan offices, you don’t.

Consider that the Census estimated Montgomery’s voting-age population at 788,043. (Note: this figure includes non-citizens, so it is an  inflated estimate of the potential voters.) Among the eligible population, 630,355 were registered voters including 354,078 registered Democrats at the time of the 2014 primary elections.

Only 88,007 people participated in the hotly contested Democratic primary for County Executive. That’s just 11% of the voting-age population, 14% of registered votes, and 25% of registered Democrats. It’s also just 33% of 2014 general election voters, and 19% of 2012 general election voters.

Moreover, the Democratic primary selectorate is skewed heavily toward the more Democratic areas of the County. It’s no accident that so many councilmembers live very close together in the southeastern corner of the County–and most people never cast a vote in the key election to choose them.

Beyond the overwhelming strength of the Democrats, Republicans offer very weak alternatives. As a result, the general election, held in the lower turnout midterm election, feels more like a kabuki ritual even if the outcome accurately ratifies the preference of the voters for Democratic over Republican nominees.

The Fantasy

The great advantage of term limits compared to the status quo is that every voter can imagine that the new Council will be more responsive to whatever their political bent–even though some of the major dreams advocated are contradictory.

Robin Ficker touts lower taxes as County unions envision a Council  willing to raise their pay higher. Civic associations imagine a Council less in thrall to developers while Chamber dreams of a more business friendly Council.

These claims cannot all be true but that doesn’t prevent voters from comparing their fantasy government to the much less glamorous reality. As the same people will choose new councilmembers by the same process, change may be more elusive than imagined.

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