Harkin Moves to HHS in Preparation For Public Option
February 11, 2011
WASHINGTON, DC - It has been over a year since the Clinton administration and a Democratic congress passed the American Access to Health Insurance Act, known as the AAHIA or HillaryCare 2.0. As part of the AAHIA’s passage, it promised Americans a public option for health insurance coverage that would be provided by the federal government as an alternative to a private or employer-provided health insurance. Since the law was passed, the Department of Health and Human Services under Secretary Donna Shalala has been working to prepare the necessary organizational and administrative structure within HHS to begin offering the public option to Americans. With the public option expected to become available in the coming months, President Clinton made an announcement today that she will be replacing Shalala as HHS Secretary with current Secretary of Agriculture Tom Harkin in preparation for the rollout of the healthcare option to the country.
The replacement of Shalala with Harkin at HHS is part of a wider planned moving around of Cabinet members following the 2010 midterm elections as the Clinton administration deals with a newly Republican House of Representatives. While replacing multiple Cabinet members at once is somewhat uncommon in the United States and more common in parliamentary governments in countries such as Canada or the United Kingdom, when a shuffle like this occurs in the U.S. it usually is done at times such as this after midterm elections. Harkin is moving from Agriculture to HHS and replacing Shalala, while former Kansas governor Kathleen Sebelius has been tapped to replace Harkin at Agriculture. The replacement of Donna Shalala at HHS prior to the official launch of the public option does not come as too much of a surprise to political insiders, as it was expected after Democrats retained the Senate last November. However, the movement of Harkin from Agriculture was unexpected. Often when a Cabinet member is moved to another post, it’s involving one of the more minor Cabinet level positions, such as Rob Portman’s move from Trade Representative to Director of the Office of Management and Budget, not a move between two executive departments. The most recent moves between two executive departments were Norman Mineta’s move from Commerce to Transportation in 2001 when George W. Bush entered office, and Federico Peña’s move from Transportation to Energy in 1997 during the Bill Clinton administration.
The choice of Harkin also was an outside bet in terms of speculation for who might replace Shalala at Health and Human Services. Sebelius, who is replacing Harkin at Agriculture, was expected to be under more consideration for the HHS post, as were former Senators Barbara Mikulski and Patty Murray. For both Mikulski and Murray, the two Senators’ announcements last year that they would not run for reelection in the midterms led to a high expectation that they would be receiving Cabinet postings. However, the two have since taken other jobs elsewhere. Mikulski has since been selected to replace William Brody as president of Johns Hopkins University[1]. Murray, meanwhile, was chosen by President Clinton to replace Tim Kaine as chair of the Democratic National Committee. While Harkin is a more unusual choice, he has been a proponent of the AAHIA even while at Agriculture, working heavily on ensuring rural access to the public option, promoting education on the public option through USDA programs, and coordinating the portions of the act that will impact those receiving SNAP benefits. He has also proven to be an effective administrator while at Agriculture, and the statement by President Clinton welcomed his steady hand at HHS for the launch of the public option and the implementation of the bulk of the AAHIA.
While most of the Cabinet department shifts were related to Harkin’s move from Agriculture to HHS, another change in executive leadership that president Clinton announced this past week was the departure of Barbara Lee as Secretary of Housing and Urban Development. Lee, a former congresswoman from California before Clinton appointed her to the Cabinet, has been one of the more outspoken members of the Cabinet since Clinton became president and sometimes has found herself at odds with the president. Lee will be replaced by Deputy Secretary Ron Sims.
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Colorado Republicans Are No Longer a Major Party. What Does That Mean?
February 23, 2011
DENVER, CO - Colorado Republicans did badly in last year’s gubernatorial election. Really badly. Starting with a heated primary race between Scott McInnis and Dan Maes, the party continually went from stumble to stumble in the governor’s race as McInnis fell to a scandal involving a feud with another state office nominee and then Maes ran into trouble with his own scandals. Things went from worse to worst when former congressman Tom Tancredo threw his hat in with the Constitution Party and ran for governor, and Maes continued to sink in the polls as scandal and controversial statements piled on top of each other. In November, Tancredo took the lion’s share of the conservative vote in a Colorado that is slowly but surely trending to the left. Maes and Republicans came out of the governor’s race carrying just a single county, Dolores County in the southwest, and with a paltry 9.7% of the vote.
In fact, Dan Maes did so badly in the gubernatorial election last year that he has cost Colorado Republicans more than just the governorship. Thanks to Maes, the GOP has now lost its major party status in Colorado. Under state law, there are three types of parties: major parties, minor parties, and qualified political organizations. To qualify as a major party, that party must have had a candidate as their official nominee on the ballot in the preceding gubernatorial election, and that candidate must have received at least 10% of the vote. By receiving just under that threshold, Maes has cost Colorado Republicans their status as a major party and relegated them to minor party status for the next four years. Additionally, Tancredo’s performance has elevated the Constitution Party (officially called the American Constitution Party in Colorado) to a major party in the state for the next four years. But while the relegation to minor party status for one of the two big national parties is a nightmare for optics, it also brings up a practical question. What does the loss of major party status actually mean for the Colorado GOP?
Under Colorado law, there appear to be two main consequences of losing the position of a major party. The first is a noticeable but ultimately small change. Being a minor party means that Colorado Republicans, despite holding a Senate seat, multiple state executive offices, and dozens of congressional and state legislative seats, would lose their prime position at the top section of the ballot. The way candidates for an office are listed on Colorado ballots are that major party candidates are listed in a random order at the top of the column, then minor party candidates, then other qualified candidates. So for the 2012 and 2014 election cycles, Republican candidates including the likes of Attorney General John Suthers and congressman Doug Lamborn would always be listed below the Democratic and Constitutionalist candidates and be mixed in on the section of the ballot with the Green and Libertarian candidates. However, the biggest impact on the Colorado Republican Party may be a quirk of ballot access that could drastically affect the party’s capacity for campaign fundraising. Currently, Democratic and Republican candidates are allowed to effectively reach campaign financing limits twice during an election, once when raising money for the primary and once for the general election. However, unlike major parties, minor parties do not always participate in primaries. In Colorado, if there is only one candidate for a minor party who qualifies for the nomination through a state assembly or signature gathering, then a primary is simply not held. For the GOP, this would mean in uncontested primaries or where only one candidate meets the qualifications for the primary ballot, that candidate would not be able to raise money for the primary when they otherwise would[2]. This means some Republican candidates could see their capacity for campaign fundraising slashed in half and could greatly affect the ability of the state GOP to compete with Democrats in campaign financing. Colorado GOP chair Dick Wadhams says that the party intends on introducing a bill to the legislature soon to try and change this section of the Colorado statute but with Democrats controlling a trifecta in the state, it seems unlikely it will pass.
On the flip side, the American Constitution Party of Colorado has now gained major party status, which will likely be a bigger change for that party than the GOP losing it. Moving up from a minor party to a major party brings many more administrative hurdles for the Constitutionalists. Thanks to Tancredo, the party will now have to hold precinct caucuses and primaries, create county committees and elect county party officers, and regularly file campaign financing reports. All of this could bring a difficult burden to the party which, while growing in the past couple years thanks to Alan Keyes’ 2008 presidential campaign and the Tea Party movement, is still a rather small party in Colorado with just over 5,000 members. Even the Green Party, which is still small but had until last year been the most successful third party in the state, only has about 22,000 total members in Colorado[3]. The shift in party status by the Republican and Constitution Party brings into sharp focus some of the difficulties that third parties face not just in becoming successful in a state, but in maintaining that success alongside the Democrats and Republicans.
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Connecticut Greens Sue State Over Restrictive Ballot Access
March 10, 2011
HARTFORD, CT - One of the greatest challenges the Green Party and other third parties have faced in gaining office is the simple act of getting on the ballot. Despite the strides that the Green Party has made, in most states the party still struggles to meet the requirements to receive automatic ballot access. Achieving and maintaining automatic ballot access is one of the most important things a third party seeking to gain a foothold can do. Without automatic ballot access, a party has to spend time, money, and manpower petitioning for signatures for each and every candidate in order to get them on the ballot, something that stretches their already disadvantaged resources thin when the Democrats and Republicans, already at a heavy advantage in resources, do not have to petition for signatures and are guaranteed spots on the ballot. While the Green Party has been able to maintain ballot access in states like California and Maine due to the broader success in those states at all electoral levels, the struggle by the party to gain access and stay on the ballot has been difficult even in states where one would think a strong candidate performance has earned them a spot.
This is particularly the case for the Greens in Connecticut. The Green Party won an election to the state house in 2008. While they lost the seat in 2010, the election for United States Senate that year went much better. Green candidate Ralph Nader took home 19.4% in the Senate race against Democrat incumbent Chris Dodd and Republican victor Linda McMahon. However, despite Nader receiving the highest percentage of votes of any Green candidate for Senate last year, the party has not won the right to automatic ballot access for the upcoming election cycle as the Democrats and Republicans have. Connecticut grants automatic ballot access to major parties for all partisan offices, but for minor parties guaranteed ballot access is determined by office and requires at least 1% of the vote for a candidate in the previous election held for that office. So Nader’s extremely good performance in the Senate race last year will give the Green Party automatic ballot access for the Senate race in 2012, but will have no effect on their qualification for the ballot for president, congressional races, or any other elections in the state. The Greens do have ballot access for the presidential race in 2012, but that is because Pete McCloskey received 1.5% in Connecticut in the 2008 presidential election, not because of Nader’s Senate performance.
The Green Party of Connecticut has not taken the issue around ballot access lightly. The party has now filed a lawsuit against the Secretary of State’s office in the case of Green Party of Connecticut v. Merrill over what the party calls overly restrictive requirements for achieving major party status and gaining automatic ballot access across the state. The requirements for major party status are that a party receives at least 20% or one fifth of the vote in the gubernatorial election, which qualifies it as a major party for the next four years. In particular, the Green Party is citing the limitation to only using the previous gubernatorial election result as the measure for whether a party qualifies to be a major party and thus gain automatic ballot access. This is a sticking point right now with the Connecticut Green Party as Nader nearly reached the 20% threshold, but for Senate and not for governor. Even if he had done slightly better and surpassed 20%, or even if Nader had pulled off the unthinkable and won the Senate election for the Greens, it still would not have qualified the party for statewide automatic ballot access. Party co-chair Mike DeRosa also claims the 1% vote threshold for retaining ballot access applying only to each individual office is unnecessarily burdensome, as it forces third parties who already face a heavy financial disadvantage to spread their meager resources thin and run candidates in unwinnable races just to maintain a wide enough profile on the ballot each year.
Of the two parts of the Connecticut Green Party’s filing, it seems likely that the complaint about the individual office requirement will be less of a catch with the state court than the major party qualification. Even so, any court challenge by a minor party trying to loosen ballot access restrictions is a difficult road for third parties to go down. Lawsuits are expensive and take a lot of time, and just as a third party might not have the financial resources to spread its candidates over a number of offices on a ballot each year, a party is also taking a risk on a major investment in legal fees and organizational resources in a court challenge. They also are far from guaranteed success in making any change to the law. Some, like the suit filed in 2009 by the Moderate Party in Rhode Island, were able to get courts to make getting on the ballot easier, but even the Moderates’ case was a limited success of just expanding the time period that parties had to gather signatures in the state. Other attempts have been failures, and failures can prove costly. The Green Party of Illinois tried in 2005 to convince a court to strike down Illinois’s “full-slate law” for smaller parties, which requires smaller parties to run candidates for every office of a political subdivision or none at all. The case, Green Party v. Henrichs, concerned two Green candidates for county office in 2004 who were removed from the ballot because the Greens had not fielded candidates for the other 13 county board seats up for election that year. The court decided against the Green Party, but since then the Greens have reached the 5% gubernatorial election threshold in both 2006 and 2010 to become an “established party” in the state that exempts a party from the full-slate law. The Libertarian Party of Illinois is now filing a similar challenge to the law after it had candidates removed from the ballot in the 2010 election on similar grounds. Back in Connecticut, the Green Party does have one silver lining if they don’t win the current suit and get the ballot laws changed.. Their candidate for governor, Jean de Smet, did get over 3% of the vote in last year’s election, so the Greens will at least be on the ballot to try again at major party status in 2014.
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Issa Pulls Controversial Crane UC Regent Appointment, But His Replacement Is Worse
March 14, 2011
SACRAMENTO, CA - Public sector unions have been in an increasing spotlight in the past months as newly elected Republican governors in multiple states have attempted to curtail the rights of those unions and particularly teachers unions to bargain with their states. Mike Cox in Michigan, Terry Branstad in Iowa, and Chris Dudley in Oregon have all used the Republican gains of legislative chambers to push their agendas to push what are known as "right to work" laws to reduce or abolish the power public sector unions have in collective bargaining. Even in Minnesota, Democratic governor Mike Hatch has made some indications that he may not be as friendly to state employee unions as he seemed in his first campaign for governor in 2006, as the new Republican legislature gears up to pass legislation restricting some union efforts as they consider broad public spending cuts. While California may be insulated from any similar intentions by governor Issa thanks to Democratic majorities in both chambers of the legislature, the debate has spilled over into California through the nomination of a candidate for the University of California Board of Regents.
Last December, governor Schwarzenegger nominated David Crane, a financial investor and close economic adviser of the former governor, to be a UC regent. Crane, a Democrat, has gained a reputation among state government circles as raising the ire of lawmakers on both sides of the aisle, partially for the power he gained as an adviser and friend of Schwarzenegger. However, since his appointment as a prospective California regent, Crane has caused a stir from an op-ed he published last month entitled “Should public employees have collective bargaining”[4], where Crane sided with Republicans like Dudley, Branstad, and Cox on the issue. Crane heavily criticized public sector unions and particularly called out the California Teachers’ Union. Crane’s opinion piece was soon criticized by a number of fellow Democrats and education organizations in the state including state senator Leland Yee, who is running for mayor of San Francisco, and the UC Student Association[5]. As the backlash against Crane’s nomination has grown and Yee has been lobbying in the state senate against Crane, it has become increasingly unlikely that the senate would confirm Crane’s appointment to the board of regents. Over the weekend, governor Issa apparently deliberated with advisers on the possibility of Crane being confirmed and today announced that he would pull Crane’s name from nomination and instead nominate someone else.
However, if education and union advocates thought they could take the rescinding of Crane’s nomination as a win, those hopes have quickly been dashed. Governor Issa announced that his replacement nomination would be corporate attorney David Harmer. Harmer is a former Heritage Foundation columnist and is now a school choice activist with close ties to the Tea Party movement. Harmer is also the son of John Harmer, who served as lieutenant governor under Ronald Reagan for three months in 1974. As part of his advocacy for school choice, Harmer has even gone so far as to call for the outright abolishment of public education and education funding, stating in 2000 that “government should exit the business of running and funding schools.”[6] Harmer is also not the first controversial pick Issa has made for the UC board. In November, regent Charlene Zettel was elected to congress from the 50th district after defeating Democratic congresswoman Francine Busby. To replace Zettel as regent, Issa has nominated billionaire and Silicon Valley venture capitalist Tim Draper. Draper, who it noted for his early investments in technology companies such as Hotmail and Skype, has in the past spoken in support of both school vouchers and the privatization of higher education, and has recently begun talking about the need for increased entrepreneurial opportunities for college students and the potential of virtual classrooms for expanding education beyond the college campus.
While governor Issa has made both of his first nominations for the UC Board of Regents, the state senate confirmation of the appointments could still present an obstacle. However, the nominations also come at an important juncture for the state. With the new legislature in session, California’s budget crisis is looming over the political atmosphere once again, and it might overshadow other issues as the Democratic legislature looks at where it wants to pick its battles with governor Issa. The budget issues have also led even some Democrats in the legislature to start considering that cuts to state spending on public employees and education funding may be a tough but necessary cut to solve the budget shortfall. The nominations also come as two potential shake ups are looking to be placed on the ballot later this year. The first is the ongoing effort to recall governor Issa, which has recently been given a strong boost as the Restore Californian Dignity committee behind the recall effort received over $500,000 from Democratic congresswoman Jane Harman, and both Harman and fellow congresswoman Jackie Speier have officially come out in support of the recall. While a recall of governor Issa would change who is appointing new regents, there is also an initiative currently being petitioned that would change how regents are appointed entirely. Currently, of the 26 members of the UC Board of Regents, eight are either state officers such as the governor and superintendent of public education, alumni association leaders, and one student representative, while the other 18 are appointed by the governor for twelve year terms. After the recent protests over the University of California raising tuition systemwide and the revelation last year of regent Richard Blum’s involvement in Wall Street investments by the university that lost money during the 2008 financial collapse, there has been an undercurrent of feeling from students, faculty, and some politicians that the UC regents do not have enough accountability due to how long their terms are and from being gubernatorial appointments. Earlier this year, a petition began gathering signatures to place a measure on the ballot to change the selection of the 18 regents from appointment by the governor to direct election. Currently only four states - Nevada, Colorado, Nebraska, and Michigan - elect some or all board members of public universities. If the measure gets on the ballot and passes, then the whole issue of the appointments of Crane or Harmer or Draper could become irrelevant in the future as voters could hold regents accountable for their decisions.
[1] In OTL, Brody resigned as president of Johns Hopkins in 2008, succeeded by provost Ronald J. Daniels who has been president ever since. I figured the timing was close enough to have Brody stay for a few more years. It's also just an interesting career path for Mikulski, since she focused a lot on healthcare policy, gets to stay in Maryland, and since in OTL after retiring later she has had an association with Johns Hopkins as a professor and adviser to Daniels.
[2] These were as far as I could find the biggest effects of a major party becoming a minor party in Colorado. It was talked about a bit when Maes came close to getting under 10% in 2010, but there was never much mention of the practical effect of it since it didn't.
[3] Around this time in OTL, the Constitution Party had about 3,700 total active and inactive members in Colorado, while the Greens had 7,700 members.
[4] Source:
https://www.sfgate.com/opinion/article/Should-public-employees-have-collective-2473273.php
[5] Crane got this backlash in OTL as well, which led to him failing confirmation by the senate later in 2011.
https://ucsdguardian.org/2011/05/23/students-senator-oppose-regent-appointed-by-gov-schwarzenegger/
[6] Source:
https://www.motherjones.com/politics/2010/10/david-harmer-abolish-public-schools/