Asheville Citizen-Times reports:
Eleventh-hour action by the General Assembly has squelched hopes for a November referendum on changing the way Buncombe voters elect county commissioners.
A little-noticed restriction tacked to the bottom of legislation governing commissioner elections in Guilford and Mecklenburg counties also forbids any change in the way Buncombe's Board of Commissioners is structured before 2020.
Board Chairman David Gantt on Tuesday said he was caught off-guard by the move, done at the request of Rep. Tim Moffitt, R-Buncombe, and shepherded through the state Senate by Sen. Tom Apodaca, R-Henderson. ...
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FTA:
"Moffitt would not say directly why he opposes holding a referendum on commissioner elections."
Because he's all for "the will of the people" except when there's a chance that would work against his interests.
By mat catastrophe
08/03/2011
For background on this issue, read our article in which we first reported that the commissioners were considering the referendum:
http://www.mountainx.com/news/2011/commissioners_may_counter_state-mandated_election_changes_with_referendum
The next week, Gantt told Xpress that the effort to hold the referendum had already been called off (this was before the General Assembly passed the most recent restriction). Read about that here:
http://www.mountainx.com/news/2011/072011a-house-divided
By Jake Frankel
08/03/2011
I didn't see that he'd ceded the notion of a referendum, just that lawyers had advised against it based on the state constitution.
Still, he could be caught off guard by them actually codifying it in the law itself. Although that might lend itself to a better legal challenge against the law itlsef.
After all, it seems antithetical to place a clause in a law that states the law cannot be challenged - that would place said legislation above even the reach of constitutional provisions. Now, IANAL, but that's what I would argue in a court.
Moffitt may have overreached and has now shot himself in the foot.
By mat catastrophe
08/03/2011
"Moffitt may have overreached and has now shot himself in the foot."
Oh, that'd be just too delicious.
That said, I'm not against change in an entrenched system...but would like to see a more positive (less slash and burn) manner being used.
By D. Dial
08/03/2011
Well, I'd like to tack something to his..., but I digress. Of course, the response from the repugs is "well, you guys did it first". Sheesh, it is like working with children. Now, with that said, I don't like the approach but am not afraid of pursuing paths of action. It just seems childish and a typical political move. I would wager that he didn't think of this measure himself and is taking orders from outside the state, me thinks. It gives another meaning to grassroots politics, rip up the grass and put in astroturf. Ha
By Killarue
08/03/2011
Oh, that’d be just too delicious.
Mother always said I should be a lawyer.
Or a preacher.
I'm not sure what that means about how she feels about either.
By mat catastrophe
08/03/2011