Oregon voters will decide on adopting major electoral reform next year

Oregon lawmakers voted largely along party lines on Sunday to place a measure on the ballot next year that would ask voters whether to reform the state's electoral system by adopting a form of ranked-choice voting. Lawmakers also unanimously voted to put a constitutional amendment on the ballot that would empower legislators to impeach and remove statewide executive officials for abuses of office.

If approved by voters, the ranked-choice proposal would cover primary and general elections for president, Senate, House, and statewide executive offices, though it notably would exclude elections for the state legislature itself. Local governments would also be allowed to choose whether to adopt ranked-choice voting for their own elections.

Ranked-choice voting works by letting voters rank the candidates from their first preference to last preference. If no candidate wins a majority among first-preference votes, then the last-place candidate gets eliminated and has their votes reallocated to each of their voters' next preference. This elimination and reallocation process repeats until one candidate takes a majority of the remaining votes.

The proposed reform's most likely impact would be to significantly reduce the risk of similarly positioned candidates splitting a majority of the vote and enabling another candidate opposed by the majority of voters to win with a plurality. However, since some voters who back eliminated candidates may also choose not to rank additional candidates and therefore see their ballots "exhausted" by the final round, it's possible that the ranked-choice winner won't necessarily win with a majority of all ballots cast.

This measure's advancement comes just months after a competitive 2022 election for governor where Democratic state House Speaker Tina Kotek prevailed only 47-44 over Republican state House Minority Leader Christine Drazan, with moderate former Democratic state Sen. Betsy Johnson taking 9% as an independent. Democrats widely viewed Johnson as a potential spoiler candidate for Kotek given her Democratic past, and it's possible that this close call spurred them to take action on ranked-choice voting.

Regardless of Democrats' motivation, support for ranked-choice voting in Oregon had already been building in recent years. Last fall, voters in Portland, the state's largest city, passed a ballot measure to adopt the system for mayoral races. (They also backed a variant of a related approach known as proportional representation for contests for the City Council, where a ranked ballot will be used to elect three members in each of four districts starting next year.) Some other local governments in the state have likewise adopted ranked-choice voting, and more may follow if this measure becomes law.

Sunday's vote also marks the first time that a state legislature in the U.S. has led the way in pushing to adopt ranked-choice voting at the federal or state levels; Alaska and Maine both use ranked-choice systems, but both were passed thanks to citizen-initiated ballot measures. The Oregon proposal is similar to the one Maine voters enacted in 2016, since it preserves party primaries. That stands in contrast to the "top-four" version Alaska voters approved in 2020, which abolished party primaries and has all candidates regardless of party run on a single primary ballot where the top-four finishers advance to a ranked-choice general election.

Oregon lawmakers' ranked-choice proposal isn't the only major electoral reform effort that could appear on the ballot next year, however, as two citizen-led efforts are currently gathering signatures. One of those efforts would adopt a "top-five" primary and ranked-choice general election similar to Alaska's system that would also cover elections for legislature and local offices. It would additionally move Oregon's May primaries to March for president and August for downballot offices. Like the legislature's proposal, though, this measure is statutory in nature.

A rival campaign is backing a constitutional amendment that would abolish party primaries and have all candidates run on a single primary ballot where the leading candidates would advance to the general election, which critically would not be required to use ranked-choice voting. It's also unclear exactly how many candidates would advance to November, since the amendment would give lawmakers two years to decide on the specifics before the new system would take effect in 2027.

There's no guarantee that either of these two citizen-led efforts will end up making the ballot next year, but if they do,it could complicate the prospects for the legislature's proposal if more than one measure were to pass. While a constitutional amendment would supersede a statute, Oregon law does not specify what would happen if competing statutory measures—namely, the legislature's measure and the top-five primary—were to both pass, though lawmakers also face no limits on amending or repealing statutory measures initiated by voters.

Separately, the amendment establishing impeachment would end Oregon's distinction as the only remaining state without such a process. Impeachment would require a two-thirds supermajority in the state House, after which the state Senate would hold a trial where a two-thirds vote in that chamber would be needed to remove statewide executive officials and potentially bar them from running for state office again. The proposal allows impeachment only for instances of "malfeasance or corrupt conduct in office, willful neglect of statutory or constitutional duty or other felony or high crime."

In just the last decade, two statewide officials (both Democrats) have resigned due to scandals: former Gov. John Kitzhaber in 2015 and former Secretary of State Shemia Fagan last month. If they hadn't voluntarily left office, lawmakers would have had no ability to remove them. Currently, only a recall election initiated by voters can lead to a statewide official's removal prior to the next regular election, a much more expensive and time-consuming process than impeachment.

Impeach-A-Palooza 2023: Republicans search for someone, anyone, to impeach

Last week, Republicans in the House were desperately seeking a reason to impeach President Joe Biden. That lead to Marjorie Taylor Greene and Lauren Bobert exchanging insults on the House floor, competing bills that included claims that Biden was responsible for an international child trafficking ring, and Republican leadership even more desperately trying to find a way to avoid defending, again, the painful foolishness and delusional nonsense spewed by the member of its most powerful caucus.

Bobert and Greene’s struggle to one-up each other on the outlandishness of their call for a Biden impeachment came just a week after Rep. Bob Goode called for an impeachment of FBI Director Christopher Wray, which came a week after Republicans tried, and failed, to hold Wray in contempt of Congress, and a full month after Greene’s earlier attempt to impeach Wray, who was appointed by Donald Trump, for turning the FBI into “a Federal police force to intimidate, harass, and entrap American citizens that are deemed enemies of the Biden regime.” All of this came wrapped around the House decision to censure Rep. Adam Schiff (and boost his Senate campaign) because … reasons. Not good reasons. Just reasons.

Barely Speaker Kevin McCarthy now seems to have picked a target to satisfy his members’ impeachment bloodlust, if he could only find a crime.

As The Hill reports, McCarthy has proposed that the Republican demand for a human sacrifice might find its ceremonial victim in Attorney General Merrick Garland, but impeachment has that pesky requirement for “high crimes and misdemeanors,” meaning McCarthy needs more than a name, he needs a justification before he can start whipping up the vote.

So what does he have?

McCarthy wants to impeach Garland because a “whistleblower,” apparently from within the IRS, claims to have knowledge of a private WhatsApp message in which Hunter Biden tried to extract money from a Chinese businessman. That whistleblower also accused the Department of Justice of giving Hunter Biden “preferential treatment” in an examination of his taxes.

“If the whistleblowers’ allegations are true, this will be a significant part of a larger impeachment inquiry into Merrick Garland’s weaponization of DOJ,” said McCarthy.

Unfortunately, for all the times that Republicans sling it around, there is no such crime as “weaponization of the DOJ” or the FBI or of any other department. It’s certainly true that these departments can be and have been aimed at individuals—see Martin Luther King Jr. and just about anyone who ever offended J. Edgar Hoover or Richard Nixon—but impeachment requires a crime, not a buzzword.

They need to find evidence that Garland has done something like intervene to repress evidence of wrongdoing on the part of Hunter Biden. That could be hard considering U.S. Attorney David Weiss just came off a five-year investigation into Hunter Biden that resulted in two minor charges of late payment of taxes and a charge of owning a gun while using drugs.

Weiss was appointed to this task by then-Attorney General William Barr, and the first two years of the investigation were carried out under Donald Trump. If there is anything unusual in the charges, it’s that Biden is being charged at all, because these are very rarely applied charges.

McCarthy admits that there are “clear disparities” between what Weiss found and the unsubstantiated reports Republicans are waving around as part of their fundraising campaigns. He’s demanding that Weiss come back to the House and explain the issues. Garland has said he’d be happy for Weiss to make such an appearance and talk about any issues with the IRS.

While he’s at it, maybe Weiss can explain how the reported attempt to extort a Chinese billionaire happened in 2017 while President Joe Biden was no longer vice president, no longer in the Senate, and not running for anything. As Garland explained on Friday, Weiss had full authority to pursue any evidence he found, including "more authority than a special counsel would have had." He also noted that the IRS whistleblower had claimed Weiss was prohibited from looking at evidence outside Delaware, which was untrue.

While McCarthy has Weiss at the House, he might also get in a few questions about why the last “key informant” that Republicans claimed to have, this one also throwing around unsubstantiated claims about Hunter Biden, turns out to be dead. And the guy who was at the center of that supposed deal turns out to have died over three years before Hunter Biden became involved.

Of course, the requirement for McCarthy to produce a crime on which to base impeachment is only what’s in the Constitution and the law. No big deal for this crew. Republicans can write up an impeachment because they don’t like the pattern on Garland’s tie and likely find a majority to pass it.

Donald Trump was impeached, twice, on clear crimes. First he was impeached for his attempt to extort Ukrainian President Volodymyr Zelenskyy into providing false evidence against then-candidate Joe Biden. That effort not only caused delays in military assistance to Ukraine, it sent a clear signal that the United States wasn’t interested in stopping corruption. It was interested in causing corruption.

Trump’s second impeachment came from his involvement in the events of Jan. 6. Trump not only provided consistently false statements about the 2020 election, he incited violence and delayed necessary assistance to protect members of Congress and Capitol Police.

Republicans want to impeach someone, anyone, in order to gain a measure of revenge concerning Trump. That includes McCarthy voicing his support for expunging Trump’s twin impeachments. Everything they are doing is about showing their support for Trump and showing Trump supporters how willing they are to smite anyone who opposes him.

But this chart from last week shows their basic problem.

It’s not that Republicans aren’t getting plenty of opportunities to investigate their opponents. It's that Republicans keep doing all the crime. Whether it’s a special counsel or a U.S. attorney, years of investigations into Joe Biden and Hunter Biden have found no grand conspiracy or serious crime. But just a few months’ worth of investigating Trump turned up felonies literally in the dozens.

For that, Republicans want to prosecute the investigators. Maybe their “tough on crime” theme would work better if it were actually aimed at the criminals. Like Trump.

White House says GOP ‘desperate to distract’ after McCarthy floats Garland impeachment probe

The White House on Monday bashed House Republicans for being "desperate to distract" from their economic agenda after Speaker Kevin McCarthy (R-Calif.) floated the idea of an impeachment inquiry into Attorney General Merrick Garland over the handling of investigations into Hunter Biden.

“Speaker McCarthy and the extreme House Republicans are proving they have no positive agenda to actually help the American people on the issues most important to them and their families,” said Ian Sams, White House spokesman for oversight and investigations, in a statement first obtained by The Hill.

McCarthy said Sunday there may be a possible impeachment inquiry into Garland over alleged political bias and “weaponization” of the Department of Justice, with the push fueled by an IRS whistleblower’s claims about tax crime investigations into President Biden’s son.

“If the whistleblowers’ allegations are true, this will be a significant part of a larger impeachment inquiry into Merrick Garland’s weaponization of DOJ,” McCarthy said in a tweet.

Sams argued that president and Cabinet officials are traversing the country this week to tout Biden’s economic agenda, all while Republicans are focused on pushing out partisan stunts. 

“Perhaps Congressional Republicans are desperate to distract from their own plan to give even more tax cuts to the wealthy and big corporations and add more than $3 trillion to the deficit, but instead of pushing more partisan stunts intended only to get themselves attention on the far right, they should work with the President to actually put the middle class and working Americans first and expand the historic progress to lower costs, create jobs, boost U.S. manufacturing and small businesses, and make prescription drugs more affordable,” he said.

The White House also argued Monday that impeaching Garland and the handling of investigations into the president’s son is not a priority for American families.

“It’s unfortunate that congressional Republicans want to continue to focus on an issue that Americans — that’s not their priority,” press secretary Karine Jean-Pierre told reporters. “We would welcome congressional Republicans to join us on working on behalf of the American people.”

McCarthy's interest in a Garland impeachment is a change in how the Speaker has handled calls from Republicans to impeach members of the Biden administration, and he has vowed any impeachment proceedings would not be political.

Last week, House Republicans released testimony from two IRS whistleblowers who were involved in investigating Hunter Biden’s taxes, alleging prosecutors slow-walked the case against him.

That investigation led to the president’s son reaching a deal to plead guilty to two counts of willful failure to pay income tax and an agreement relating to unlawful possession of a weapon last week.

President Biden and Garland have both defended the integrity of the Justice Department, and the president has stressed that the department acts independently.

Updated: 3:1 5 p.m. ET

McCarthy hints at Garland impeachment over ‘weaponization’ of DOJ after whistleblower claims

House Speaker Kevin McCarthy hinted Sunday at possibly opening an impeachment inquiry into Attorney General Merrick Garland if IRS whistleblower claims that the Justice Department interfered with the Hunter Biden probe are proved true.

Last week, the House Ways and Means Committee released transcripts of interviews with two IRS whistleblowers who claim decisions made during the probe by DOJ, FBI and IRS officials seemed to be "influenced by politics."

"We need to get to the facts, and that includes reconciling these clear disparities. U.S. Attorney David Weiss must provide answers to the House Judiciary Committee," McCarthy said Sunday on Twitter. "If the whistleblowers' allegations are true, this will be a significant part of a larger impeachment inquiry into Merrick Garland's weaponization of DOJ."

IRS Criminal Supervisory Special Agent Gary Shapley Jr., who oversaw the investigation, had testified to the Ways and Means Committee that he was told Weiss attempted to bring charges against Hunter Biden earlier on in the investigation in other districts, but was denied by DOJ leadership. Shapley also testified Weiss requested special counsel privileges and was denied by Garland.

HUNTER BIDEN-LINKED ACCOUNT RECEIVED $5 MILLION DAYS AFTER THREATENING MESSAGES: 'SITTING HERE WITH MY FATHER'

Garland has adamantly denied these allegations. Weiss, in a June 7 letter to House Judiciary Committee Chairman Rep. Jim Jordan, R-Ohio., claimed he had "been granted ultimate authority over this matter, including responsibility for deciding where, when, and whether to file charges and for making decisions necessary to preserve the integrity of the prosecution, consistent with federal law, the Principles of Federal Prosecution, and Departmental regulations."

However, in a statement from his representatives on Friday, Shapley said that on Oct. 7, 2022 Weiss told six witnesses he did not have authority to charge in other districts and had thus requested special counsel status.

DOJ TOLD IRS NOT TO INTERVIEW JOE BIDEN'S GRANDCHILDREN IN HUNTER PROBE TO AVOID 'HOT WATER': WHISTLEBLOWER

Shapley's version was "independently and contemporaneously corroborated" in a now-public email now by the witnesses, the legal team said. 

HUNTER BIDEN EXPENSED PROSTITUTES, SEX CLUB TO 'CONSULTING' BUSINESS ON 2018 TAX RETURNS: IRS WHISTLEBLOWER

Witnesses included Baltimore FBI Special Agent in Charge Tom Sobocinski and Assistant Special Agent in Charge Ryeshia Holley, IRS Assistant Special Agent in Charge Gary Shapley and Special Agent in Charge Darrell Waldon, the legal team said.

"Mr. Shapley would have no insight into why Mr.Weiss's would make these statements at the October 7, 2022 meeting if they were false," the meeting said. "That Mr. Weiss made these statements is easily corroborated, and it is up to him and the Justice Department to reconcile the evidence of his October 7, 2022 statements with contrary statements by Mr. Weiss and the Attorney General to Congress."

Garland's office did not immediately respond to a request for comment from Fox News Digital.

Supreme Court Deals Major Blow To Texas, Louisiana In Deportation Lawsuit

By Bethany Blankley (The Center Square)

The U.S. Supreme Court dealt a major blow to Texas and Louisiana Friday in a lawsuit over a Biden administration policy that’s helped effectively end most deportations of foreign nationals in the U.S. illegally.

Rather than rule on the merits of the case, in United States v. Texas, the court ruled 8-1 that the states didn’t have standing, or a legal right, to challenge the policy.

Justice Samuel Alito wrote the sole dissent, arguing the justices ignored “a major precedent.”

He wrote:

“The Court holds Texas lacks standing to challenge a federal policy that inflicts substantial harm on the State and its residents by releasing illegal aliens with criminal convictions for serious crimes.

In order to reach this conclusion, the Court brushes aside a major precedent that directly controls the standing question, refuses to apply our established test for standing, disregards factual findings made by the District Court after a trial, and holds that the only limit on the power of a President to disobey a law like the important provision at issue is Congress’s power to employ the weapons of inter-branch warfare – withholding funds, impeachment and removal, etc. I would not blaze this unfortunate trail. I would simply apply settled law, which leads ineluctably to the conclusion that Texas has standing.”

Last June, a federal judge in Texas, U.S. District Judge Drew Tipton, ruled in favor of Texas and Louisiana, arguing they would incur costs due to the federal government’s failure to comply with federal immigration law and deportation policies. The judge ruled the states had standing to sue because of these costs. He also vacated the deportation policy, arguing it was unlawful.

The Biden administration appealed to the Fifth Circuit, which again handed a victory to the states by declining to stay the lower court’s ruling. The Biden administration appealed to the Supreme Court, which granted cert. Last fall, the court heard oral arguments and on Friday ruled the states lacked Article III standing.

Justice Brett Kavanaugh wrote for the majority and was joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. Justice Neil Gorsuch wrote a different opinion saying the states didn’t have standing for a different reason than the one Kavanaugh gave. He was joined by Justices Clarence Thomas and Amy Coney Barrett. Barrett also wrote her own concurring opinion and was joined by Gorsuch.

Related: Feds Catch More Than 460 Known, Suspected Terrorists In Nine Months, Most At Northern Border

At issue is a final memorandum, “Guidelines for the Enforcement of Civil Immigration Law,” issued by Department of Homeland Security Alejandro Mayorkas, drastically altering deportation policies, including limiting issuing detainer requests for dangerous criminal aliens.

In Mayorkas’ final September 2021 memorandum, he also challenged federal law established by Congress that illegal entry is a crime in itself and a deportable offense. The policy states: “The fact an individual is a removable noncitizen therefore should not alone be the basis of an enforcement action against them. We will use our discretion and focus our enforcement resources in a more targeted way. Justice and our country’s well-being require it.”

Many news organizations reported the Supreme Court ruling would allow the administration to prioritize deporting violent criminals. But under the current administration, deportations immediately dropped by two-thirds in the first fiscal year of the administration, according to CBP data. In fiscal 2021, deportations also dropped to the lowest level since fiscal 1996 despite record-high illegal entries.

Mayorkas’ policy also followed President Joe Biden’s directive, who after taking office ordered a “pause” on deportations.

Related: Illegal Border Crossers So Far This Year Outnumber The Population Of 8 States

Last July, 19 attorneys general filed an amicus brief expressing support for Texas’ and Louisiana’s lawsuit, arguing Mayorkas violated federal law and DHS’s actions negatively impacted their states and jeopardized the safety and welfare of Americans.

The AGs argued, and still maintain, “The Amici States and their citizens continue to suffer significant costs from illegal immigration – including billions of dollars in new expenses relating to law enforcement, education, and healthcare programs – as a direct result of Defendants’ failures to enforce immigration law. Those harms are exacerbated by DHS’ increasingly brazen disrespect for the requirements of our nation’s immigration laws and the Administrative Procedure Act.

“The border is in crisis,” they argued. “This DHS Administration is lawless. And the States continue to suffer escalating irreparable harm as the border crisis continually intensifies to successive, ever-more unprecedented levels of illegal crossings.”

Syndicated with permission from The Center Square.

The post Supreme Court Deals Major Blow To Texas, Louisiana In Deportation Lawsuit appeared first on The Political Insider.

McCarthy floats impeachment inquiry into Garland over DOJ ‘weaponization’

Speaker Kevin McCarthy (R-Calif.) floated a possible impeachment inquiry into Attorney General Merrick Garland over alleged political bias and “weaponization” of the Department of Justice, with the push fueled by an IRS whistleblower's claims about tax crime investigations into Hunter Biden, President Biden’s son.

“We need to get to the facts, and that includes reconciling these clear disparities. U.S. Attorney David Weiss must provide answers to the House Judiciary Committee,” McCarthy said in a said in tweet Sunday.

“If the whistleblowers' allegations are true, this will be a significant part of a larger impeachment inquiry into Merrick Garland's weaponization of DOJ.”

McCarthy expressing interest in impeaching Garland is a notable departure from how he has handled calls from Republicans to impeach Homeland Security Secretary Alejandro Mayorkas and President Biden. McCarthy has previously vowed any impeachment proceedings would not be political, and said he would allow committees to investigate before moving toward impeachment.

Last week, Republicans on the House Ways and Means Committee released testimony from two IRS whistleblowers — agent Gary Shapley, and another unnamed agent — who were involved in investigating Hunter Biden’s taxes. They alleged that prosecutors slow-walked the case against Hunter Biden.

That investigation, led by Delaware U.S. Attorney David Weiss, resulted in Hunter Biden reaching a deal to plead guilty to two counts of willful failure to pay income tax, and reaching an agreement to enter a pretrial diversion program relating to unlawful possession of a weapon.

The DOJ did not immediately respond to a request for comment, but Garland last week shot down the suggestion that Hunter Biden was treated with a more leniency due to his relation to President Biden.

“As I said from the moment of my appointment as attorney general, I would leave this matter in the hands of the United States attorney — who was appointed by the previous president and assigned to this matter by the previous administration — that he would be given full authority to decide the matter as he decided was appropriate, and that’s what he’s done,” Garland said.

Garland also defended the integrity of the Justice Department more broadly.

“Some have chosen to attack the integrity of the Justice Department … by claiming we do not treat like cases alike. This constitutes an attack on an institution that is essential to American democracy and essential to the safety of the American people,” Garland said. “Nothing could be further from the truth.”

McCarthy’s interest in impeaching Garland also follows years of GOP claims that the Department of Justice is unfairly targeting conservatives, fueled in part by the special counsel investigation into former President Trump’s campaign and Russian influence in the 2016 election. Republicans set up a select subcommittee in the House Judiciary Committee to probe what they call the “weaponization” of the federal government.

Rep. Marjorie Taylor Greene (R-Ga.) filed articles of impeachment against Garland in May. The motion had six co-sponsors.