Tag Archives: Ballot Questions

Once Again, MoCo’s Two Electorates

By Adam Pagnucco.

In November 2016, I wrote a three-part series called MoCo’s Two Electorates. (Here are the links to Part One, Part Two and Part Three.) I also wrote a piece titled “MoCo Revolts” in the wake of the term limits vote.

The combined thesis of those pieces are the following.

1. MoCo has two electorates: people who regularly vote in Democratic primaries and people who vote in general elections. Both electorates are important. Democratic primaries choose the county’s elected officials while general elections decide ballot questions and charter amendments.

2. There are roughly 40,000 Super Democrats in MoCo who vote in every primary. Relative to general election voters, they tend to be slightly more female, older, slightly higher income, slightly more likely to live in a single family home and more concentrated in downcounty. They are also slightly LESS diverse than general election voters.

3. Democrats comprise roughly 60% of general election voters with some variation by year. Republicans have outnumbered unaffiliated voters among the rest of actual voters though not by a lot. That means Republicans and unaffiliated voters can team up with a minority of Democrats to pass ballot questions.

4. On four straight meaningful local ballot questions since 2008, the general electorate took arguably the less progressive position in their votes. They voted in favor of Robin Ficker’s anti-tax charter amendment in 2008, against Ike Leggett’s ambulance fee in 2010, in favor of repealing some collective bargaining rights for police in 2012 and for term limits in 2016. This trend among the general electorate should not be comforting to the left. Term limits passed with a whopping 70% of the vote and only four precincts in the entire county voted against them.

Accordingly, these are the prophecies I made back then.

November 7, 2016: “Term limits is the issue of the day and will be decided soon enough. But a broader question looms. Given the differences between MoCo’s Two Electorates, what happens when elected officials cater to one of them at the heavy expense of the other? The recent large property tax hike, which was spread all across county government, was aimed at the priorities of liberal Democratic voters. It also became the core of the push for term limits which is aimed at the general electorate. This suggests a need for balance and restraint by those running the government. Because if one of the two electorates feels unheeded, either one has the tools to strike back – either by unseating incumbents or by shackling them with more ballot questions and charter amendments.”

November 11, 2016: “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.”

What has happened since then? First, let’s consider these two facts from the 2018 elections.

Geography: In the 2018 Democratic primary, the Democratic Crescent (a term I coined for the areas in and near the Beltway stretching from Takoma Park to Kensington and Bethesda) accounted for 34% of voter turnout while Upcounty accounted for 25%. In the 2018 general election, the Democratic Crescent accounted for 27% of voter turnout while Upcounty accounted for 31%. (The rest of the county accounted for 42% in each case.)

Diversity: Precincts that were majority white cast 60% of the votes in the 2018 Democratic primary and 58% of the votes in the 2018 general election. Precincts that were at least three-quarters white cast 22% of the votes in the Dem primary and 20% of the votes in the general. Precincts that were less than 40% white cast 24% of the votes in the Dem primary and 26% of the votes in the general. All of this suggests that the general electorate is slightly more diverse than MoCo’s Democratic primary electorate, which I also found in the 2014 data I examined years ago.

In other words, despite the substantial growth in voting in 2018, the differences between MoCo’s two electorates continued.

Two years later, ballot questions are THE local issue now. The county’s elected officials are up in arms about Ficker’s newest anti-tax charter amendment (which I predicted four years ago) and the nine districts charter amendment. Groups like Nine Districts for MoCo and former school board candidate Stephen Austin’s Facebook group did not exist in 2016, but they are playing in county politics now. Austin’s group has 8,500 members, bigger than any other online group devoted to MCPS. Nine Districts gathered more than 16,000 petition signatures for their charter amendment, of which 11,522 were found to be valid. Both groups direct their influence at the general electorate rather than just Democratic primary voters. Neither depends on the blessings of the Democratic Party but rather employs a combination of social media, press interest and (in Nine Districts’ case) developer money to get their points across. As for the Republican Party, it has found new life in promoting ballot questions like Ficker’s Question B and Nine Districts’ Question D.

Guess what? These kinds of things are here to stay. Regardless of what happens this year, don’t be surprised if more charter amendments appear on the ballot in 2022 and 2024 that arouse the ire of those in power. Tough beans for them because they are powerless to prevent it.

Have today’s county elected officials heeded the prophecies of 2016? For the most part, their agenda reflects the wishes of the progressive left – defunding the police, pursuing racial equity, cracking down on rent increases, resisting ICE and emphasizing transit over road construction. The one exception is that the county council (unlike the executive) has been resistant to tax hikes. Progressives sometimes complain that the county government doesn’t go far enough, but it does go in their direction. The problem is that other groups in the general electorate – Republicans, unaffiliated people and moderate to conservative Democrats – either don’t rank these priorities as highly as do progressives or in some cases might even oppose them. Mix that in with the county’s perceived anti-business reputation and geographically specific issues like school boundary lines and M-83 and many in the general electorate are not in the same place as the Super Democrats.

MoCo still has two electorates. One has the power to pick elected officials. The other can decide ballot questions that fundamentally change the structure of county government. We shall soon discover the depth of differences between them as well as their relative balance of power in controlling the county’s destiny.

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Crapshoot

By Adam Pagnucco.

At the national level, the big questions are who will control the presidency and the Congress. At the county level, the big question is which (if any) of four consequential charter amendments on the ballot will pass. This is an all-consuming question for most of the county’s power players.

What is going to happen?

First, a quick summary of this year’s ballot questions.

Question A: Would freeze the property tax rate but allow a unanimous vote of the council to increase it. Authored by Council Member Andrew Friedson.
See Why Progressives Should Support the Friedson Amendment.

Question B: Would remove the ability of the county council to break the current charter limit on property taxes, thereby capping property tax revenue growth at the rate of inflation. Authored by Robin Ficker.

Question C: Would add 2 district seats to the county council, thereby establishing 7 district seats and 4 at-large seats. Authored by Council Member Evan Glass.
See MoCo Could Use More County Council Districts.

Question D: Would convert the current council’s 5 district seats and 4 at-large seats to 9 district seats. Authored by Nine District for MoCo.
See Don’t Abolish the At-Large County Council Seats, Nine Kings and Queens.

Now to some history. The last time the county was embroiled in a ballot question battle this sweeping was in 2004. In that year, three charter amendments were petitioned to the ballot:

Question A: An anti-tax charter amendment by Robin Ficker removing the ability of the council to exceed the charter limit on property taxes. This amendment was similar to this year’s Question B.

Question B: A term limits amendment by Ficker that was similar to the amendment passed by voters in 2016.

Question C: An amendment to create nine council districts that was identical to this year’s Question D.

At that time, a coalition of business, labor, progressives and elected officials assembled to oppose all of the questions. The group had a simple name: the Vote No Coalition. The Post editorial board also urged a no vote on all three. In the end, the tax cap amendment failed by 59-41%, term limits failed by 52-48% and nine districts failed by 61-39%.

This year, the message isn’t simple because – unlike 2004 – the council placed competing amendments on the ballot. The message from most of the council and many of their supporters is vote for A and C, vote against B and D. The message from many opponents is vote for B and D, vote against A and C.

How many ordinary voters are going to keep track of the alphabet soup? At least the Post has stayed consistent with its message of 16 years ago, urging a no vote on everything.

Another difference between today and 2004 is that the groups are more fractured now. In 2004, labor was a powerful force in the Vote No Coalition. This year, three unions – MCGEO, the fire fighters and the police – gave thousands of dollars of in-kind contributions to Nine Districts for MoCo. (MCGEO now insists that they don’t support nine districts.) Developers, a major source of campaign funds in MoCo, are all over the place. The only real commonality with 2004 is that virtually every category of player is united against Robin Ficker’s anti-tax Question B, which has no ballot issue committee advocating on its behalf. Otherwise, the proliferation of competing committees and genuine differences of opinion, especially on council structure, make this year much more complicated than 2004.

In analyzing the questions’ chances of success, let’s first consider the electorate. It’s a presidential general election so the electorate is going to be huge. Four years ago, 483,429 MoCo residents voted in the general. This year, that number will probably be more than 500,000. A huge majority of them are voting primarily for president. A huge majority of them know little or nothing about county tax policy or the structure of the county council. No group has the resources to communicate with all of them.

It’s a crapshoot, folks.

Aggravating all of this is the complicated nature of the questions themselves. Question A, for example, is 148 words long and reads like it was drafted by a lawyer or a tax accountant. Do most voters have strong opinions on whether capping a tax rate or an increase in total receipts is an inherently better approach? As for the council questions, do most voters have strong opinions on which legislative structures are better? Politicians and advocates have strong opinions on all of the above but they won’t be deciding the outcome. A half million voters who know little or nothing about any of this will.

Despite all of the activities by the ballot issue committees, the two things most likely to be seen by voters are the ballot language itself and the recommendations of the county Democratic Party, which were mailed to all households with at least one Democrat in them. Question D’s ballot language, which tells voters it will reduce the number of council members they can vote for from five to one, is a huge problem for nine districts supporters and may have played a part in killing nine districts in 2004. As for the Democrats’ recommendations (supporting A and C, opposing B and D), it’s natural for Democrats – who historically comprise a big majority of MoCo general election voters – to seek guidance from their party on questions with which they aren’t familiar. Here on Seventh State, this post on the Democrats’ position was the runaway most-read post in October. Then again, the Democratic Party opposed term limits four years ago and it was passed with 70% of the vote anyway.

Finally, what happens if conflicting questions pass? That outcome can’t be dismissed, especially if voters have problems even understanding the questions. Since 2002, MoCo voters have approved 81% of all county questions that have appeared on the ballot. A state attorney general opinion from 2002 speculates that courts will reject directly conflicting questions passed by voters, although the opinion states, “The Courts in Maryland have not addressed the issue of which of two conflicting charter amendments would prevail if both received a majority vote in an election.” It’s not clear that the courts have resolved this question since then. So what happens if both A and B pass, or if both C and D pass? Will the courts reject both or impose whichever of them gets more votes?

Again, it’s a crapshoot.

Regardless of what passes and what doesn’t, we all have to ask ourselves this.

Is a crapshoot any way to run a government?

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Explaining Question A and Why I Voted No. (Definitely Vote No on Question B.)

How Property Taxes Work in Montgomery

Under current law, Montgomery County may only collect the same total amount in property taxes across the county as the previous year – also known as the constant yield tax rate –adjusted for inflation. So if the County collected $100,000,000 in property taxes last year and inflation is 3%, it may collect $103,000,000 this year. The only exception is if the County Council votes unanimously to raise property taxes.

This legal limit forces the county to adjust the tax rate based on changes in total value of assessed property in the tax. If the county’s tax base increases by 10% due to increases in real property values, the County treasury does not because the County must adjust the property tax rate downward, so it collects no more than last year adjusted for inflation. The county can also adjust rates upward if needed to collect the permitted amount.

Question A changes that system. It would cap property tax rates instead of receipts. Montgomery would see great increases in the amount of property tax collected when property tax values grow without changing the rate because they would no longer need to adjust the rate downward so they don’t collect more money.

Councilmembers will claim that they did not increase property taxes because they left the rate unchanged, but the County will collect a lot more. By keeping the focus on the rate rather than amount collected, the county can even nominally reduce the rate and claim that they reduced property taxes even as they go up in real terms and the county collects more than previously.

How Question A Raises Property Taxes

Councilmember Andrew Friedson, the sponsor of the amendment, argues that residents will benefit when housing values go down. However, the Council can vote to increase the rate to collect as much as the previous year as under the current system, just like the 8.7% tax increase that they adopted in 2017. There seems little doubt that they would do this if needed to avoid substantial cuts in spending.

In times when property values rise quickly, this can add up fast, Property taxes increases are limited to 10% a year but this is far above inflation and add up very quickly. If you pay $5000 in property taxes now, you would pay $6655 if you had the maximum increase each year for three years. The key caveat, of course, is that it all depends on how your property values change. But the amendment has no limit on the rate of growth in property taxes.

Confusing Wording

I’m not thrilled that the wording of this charter amendment focuses on limiting rates, and thus gives a rather deceptive impression that it limits, rather than increases, property taxes. (Some proponents argue that it doesn’t but since the unquestionable purpose is to allow the county to reap more revenue, it seems a fair characterization.)

Timing and Impact During an Economic Crisis

Normally, in an economic crisis, it’s not unusual to see housing values fall. But many in Montgomery have paradoxically seen their housing values rise because the crisis is due to COVID and more people are seeking larger spaces with some attached outdoor space. No one knows the future, but this would result in higher property taxes with the next set of assessments.

Many property owners in the county have seen salaries and benefits cut sharply due to the shutdown and economic crisis. Federal government workers haven’t seen pay cuts, but they haven’t had a decent pay raise in years. That’s true of many people.

As a result, a lot of people are ill-positioned to pay a property tax increase even though they may well receive one as a result of this charter amendment the next time that their properties are assessed.

Higher Taxes for Residents, Lower Taxes for Favored Developers

For me, the final straw is that the county council overrode the county executive’s veto of a huge dollop of corporate welfare for developers in the form of 15-year tax breaks (!) by 7-2 the other day. While I realize that opponents as well as the executive support Question A, and I am grateful for their votes and outspokenness on the issue, the Council seems far too inclined to continue down this path after the election. If they can afford giving tax cuts to developers to build high-priced apartments, I don’t see why they need to raise mine.

We Need Property Tax Reform, This Isn’t It

There are unquestionably problems with the county tax system. The three-year assessment cycle creates some odd quirks. Additionally, the current limit doesn’t take into account a growing population as well as other needs. In short, the budget corset is too tight. The unanimity requirement further limits the authority of our representatives too much, even if the voters passed it. But this isn’t the right way to do it, or the time, so I voted no.

But Others See It Differently

Adam outlined previously why some view this property tax increase as a good idea. Even leaving aside one’s desire to fund progressive policies, as I mentioned in the previous section, the current system does not provide sufficient funding with increases over time because it doesn’t into account factors like population growth and other needs. So I can see how other people might see this differently.

I mention this because, like much in politics, I see this as an issue on which reasonable people can disagree. Much of the rhetoric surrounding the ballot questions, even the form of the county council, has been getting more and more vehement on social media. Since we’re in a moment that is already overheated on steroids (now there’s a mixed metaphor!), it seems worth a mention that we’ll manage whatever the outcome of this ballot question.

Question B

Vote No. This is Robin Ficker’s latest very bad idea that would make current problems with the property tax system worse.

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Undervoting on School Board Races and Ballot Questions

By Adam Pagnucco.

This year has four hotly contested county ballot questions and at least one legitimately contested school board election. But here is something folks tend to forget: not everyone votes on these so-called “down ballot” races. And the question of who is not voting is almost as important as the question of who is.

In a presidential year, almost everyone who votes casts a vote for president. There are lots of other races at stake. This year, MoCo voters can also vote for Congress, judges, school board, two state ballot questions and four county ballot questions. However, there will inevitably be undervoting in many of these races. For the purpose of this post, the definition of “undervoting” is the percentage of people who cast a ballot but don’t vote in a particular contest. There is a lot of undervoting.

The table below shows undervoting in MoCo school board races since 2002. On average, one-third of people casting votes do not vote for school board.

The table below shows undervoting in MoCo for state ballot questions since 2002. On average, one in seven people casting votes do not vote on state ballot questions.

The table below shows undervoting in MoCo for county ballot questions since 2002. On average, one in six people casting votes do not vote on county ballot questions.

What determines undervoting? As shown in the tables above, undervoting seems to be a little less prevalent in presidential years, though not by much. Undervoting is much higher for school board races than ballot questions. That makes sense since – at least in some cases – voters can figure out how they feel about ballot questions from their language whereas school board candidates don’t have enough money to communicate directly with voters.

There is a little bit of evidence that clear and consequential ballot questions lead to less undervoting. County ballot question undervoting was lower than average in 2004 (when nine council districts and Ficker amendments on taxes and term limits were on the ballot) and in 2016 (when Ficker’s term limits amendment passed). State ballot question undervoting was about half the normal rate in 2008, when early voting and slots were on the ballot.

The table below shows the ballot questions with the lowest undervotes since 2002.

Four out of these five – slots, early voting, taxes and term limits – were big-deal questions. They were also relatively easy to understand for voters.

The table below shows the ballot questions with the highest undervotes since 2002.

There isn’t much of a pattern here. The police effects bargaining question in 2012 was the only question that was strongly contested.

One more thing that will be of interest to all the groups promoting or advocating against specific ballot questions this year: most ballot questions pass. Since 2002, MoCo voters have voted in favor of 81% of county ballot questions and 92% of state ballot questions.

Here are the results for the four county ballot questions that have failed since 2002.

All four – term limits (2004), nine council districts (2004), property tax limits (2004) and the ambulance fee (2010) – were the targets of vigorous campaigns dedicated to killing them. All four saw lower than average undervoting.

There will certainly be undervoting this year and the stakes for the county, especially from the county ballot questions, are especially high. How will that affect the outcome?

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Non-Profits Come Out Against Question B

By Adam Pagnucco.

Non-profits have joined an expanding alliance against Robin Ficker’s anti-tax Question B that includes progressives, unions, business groups and all of MoCo’s county-level elected officials. The press release from Montgomery Neighbors Against Question B appears below.

*****

FOR IMMEDIATE RELEASE

Contact: Daniel Koroma
info@mocoagainstb.org

AREA’S TOP NONPROFIT ORGANIZATIONS JOIN OPPOSITION TO QUESTION B

From leading business groups to anti-hunger activists and local Democratic clubs, Montgomery County’s community leaders agree on one thing: Ficker’s Question B is a dangerous idea.

MONTGOMERY COUNTY, October 26, 2020 — The cross-county coalition that burst onto the Montgomery County political scene earlier this fall with a scathing ad aimed at Robin Ficker’s latest folly, Ballot Question B, now has a wide range of allies. The County’s diverse nonprofit community has joined the call to oppose Question B and released a public statement with over 25 nonprofit signons. Their message is one of strong public services, a strong local economy, and fiscal responsibility.

For Manna Food Center, a non-profit working to end hunger in Montgomery County, “Question B represents a real threat to our ability to provide expanded services effectively to a growing population of residents who find themselves vulnerable to hunger. Now is not the time to self-impose measures that would stunt the county’s ability to fund itself and Manna’s ability to provide services to communities when they need us most.”

Opposition to Question B is widespread across the Montgomery County non-profit community, with business groups uniting with labor, charitable organizations, and religious groups. “Nonprofits do their work in close partnership with County government.” said Lesley MacDonald, Executive Director of Nonprofit Montgomery. “Question B would severely restrict the County’s ability to support critical services. It would be harmful to the community, to nonprofits, and to those most in need.”

“The nonprofit organizations that help to tie Montgomery County’s social fabric together and provide vital services for an increasing number of our residents understand that supporting Question B would be a bad decision” said Hope Gleicher of Identity, a local non-profit that creates opportunities for Latino and other historically underserved youth. “B undermines the county’s future and unnecessarily risks our fiscal health while we try to battle a global pandemic. The organizations on the front lines of that battle understand what’s at stake and we’re proud to stand with them.”

The addition of such a wide range of area organizations to the effort against Ficker’ proposal strengthens the opposition message: whether for public services, COVID recovery, the local economy or the County’s coveted AAA bond rating, Question B is the worst possible idea for Montgomery County.

#

To see the full list of Nonprofits that have signed onto the letter against B, click here. You can also see the validator image of all organizations Against Question B here. For additional information, please contact Daniel Koroma at info@mocoagainstb.org.

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MoCo Ballot Issue Committee Campaign Finances, October 18

By Adam Pagnucco.

The six committees formed to advocate for and against MoCo’s ballot questions have filed their final campaign finance reports before the general election, covering the period through October 18. Let’s see where the money is coming from.

First, a quick summary of the ballot questions.

Question A: Would freeze the property tax rate but allow a unanimous vote of the council to increase it. Authored by Council Member Andrew Friedson.
See Why Progressives Should Support the Friedson Amendment.

Question B: Would remove the ability of the county council to break the current charter limit on property taxes, thereby capping property tax revenue growth at the rate of inflation. Authored by Robin Ficker.

Question C: Would add 2 district seats to the county council, thereby establishing 7 district seats and 4 at-large seats. Authored by Council Member Evan Glass.
See MoCo Could Use More County Council Districts.

Question D: Would convert the current council’s 5 district seats and 4 at-large seats to 9 district seats. Authored by Nine District for MoCo.
See Don’t Abolish the At-Large County Council Seats, Nine Kings and Queens.

Here is a summary of finances for the committees for the entire cycle through October 18.

To understand why these flows of money are occurring, it’s useful to recall the genesis of these questions. This year’s ballot question fight was joined when two questions were placed on the ballot by petition: Robin Ficker’s anti-tax Question B and Nine Districts for MoCo’s Question D, which would eliminate council at-large seats and remake the council into 9 district seats. In response to those ballot questions, the county council put two of its own questions on the ballot to compete with them: Question A (a different tax limitation measure) and Question C (which would keep the at-large seats and add two district seats). It is believed by some that if two directly conflicting ballot questions pass, they will both get thrown out, though that is not 100% certain.

Once it became clear that both Ficker’s anti-tax question and the nine districts question were going to appear on the ballot, no fewer than four new ballot issue committees were created to stop one or both of them and/or to promote the council’s alternatives. In short order, many of the county’s power players took sides in an uncommon off-year ballot question war. The players’ positions are at least as interesting as the committees’ activities themselves.

Nine Districts for MoCo, the oldest of the committees, has by far the most individual contributors but 82% of its cash funding has come from the real estate industry. In its most recent report, MoCo GOP Central Committee Member Ann Hingston made 6 more in-kind contributions totaling $993, thereby providing more evidence of the links between Nine Districts and the county Republican Party. Nine Districts’ fundraising pace has slowed as they have collected just $154 since October 4.

The competing committees have rapidly closed the gap. Three groups have paid for mail: former County Executive Ike Leggett’s group opposing Questions B and D, former executive candidate David Blair’s group supporting Question A and opposing Question B and Residents for More Representation, a group supporting Question C and opposing Question D. These groups are also paying for websites and online advertising. But they got off to a late start while Nine Districts has been campaigning for more than a year.

Below are all the major players who have contributed at least $10,000 to one or a combination of these ballot issue committees.

David Blair – $165,000
Supports Questions A and C, opposes Questions B and D
Businessman and former executive candidate David Blair is the number one spender on ballot questions. He has contributed $65,000 to Legget’s group opposing Questions B and D, $50,000 to his own group supporting Question A and opposing Question B, and $50,000 to Residents for More Representation, which supports Question C and opposes Question D. Blair’s positions mirror the positions taken by the county Democratic Party. (Disclosure: I have done work for Blair’s non-profit but I am not involved in his ballot question activities.)

Charlie Nulsen – $123,500
Supports Questions A, C and D, opposes Question B
Nulsen is the president of Washington Property Company. On June 4, he contributed $50,000 to Nine Districts to help get Question D on the ballot. On October 13, he contributed $23,500 to Residents for More Representation to defeat Question D. Nulsen could have saved more than $70,000 and achieved the same outcome by simply doing nothing. He also contributed $50,000 to Blair’s group supporting Question A and opposing Question B.

Monte Gingery – $40,000
Supports Question D
The head of Gingery Development Group has made three contributions totaling $40,000 to Nine Districts.

Willco – $40,000
Supports Questions C and D
On August 5, this Potomac developer gave an in-kind contribution of $15,000 to Nine Districts which was used to pay Rowland Strategies (their campaign firm). On October 9, Willco gave $25,000 to Residents for More Representation, which is seeking to pass Question C and defeat Nine Districts. Folks, you can’t make it up.

MCGEO – $30,000
Supports Question A, Opposes Question B, Gave Contribution to Question D
The Municipal and County Government Employees Organization (MCGEO) has made a $20,000 contribution to Montgomery Neighbors Against Question B and a $10,000 in-kind contribution to Nine Districts. MCGEO President Gino Renne is the treasurer of Empower PAC, which gave another $5,000 to Montgomery Neighbors Against Question B.

MCEA – $20,000
Opposes Question B
The Montgomery County Education Association (MCEA) has contributed $20,000 to Montgomery Neighbors Against Question B.

UFCW Local 400 – $10,000
Opposes Question B
This grocery store union which shares a parent union with MCGEO gave $10,000 to Montgomery Neighbors Against Question B.

The Montgomery County Democratic Party recommends voting for Questions A and C and voting against Questions B and D. The Montgomery County Republican Party recommends the exact opposite. The Washington Post editorial board opposes all four ballot questions.

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Nine Districts Shows What They’re All About

By Adam Pagnucco.

Nine Districts for MoCo, the group trying to abolish at-large seats on the county council, posted the following graphic last night.

After getting pushback, the group deleted the image and posted a new graphic.

Readers, I leave it to you to determine whether this is legitimate political discourse in Montgomery County.

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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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Friedson Floors Ficker on Taxes

By Adam Pagnucco.

Friends of White Flint made a huge score last week when they landed the heavyweight battle of the year, at least for MoCo tax geeks: a debate between Council Member Andrew “Real Deal” Friedson and long-time anti-tax activist Robin Ficker. Friedson and Ficker are the authors of Questions A and B, dueling tax limit charter amendments on the ballot this year. No quarter was asked and no quarter was given!

First, a reminder of what these tax questions would do. Question A (the Friedson amendment) would freeze the property tax rate and allow it to be increased only by a unanimous vote of the county council. Question B (the newest of many Ficker amendments) would allow property tax collections to rise at the rate of inflation and remove the current ability of a unanimous council to override it. Both questions impose limits on property taxes that the vast majority of Maryland counties don’t possess, although Question A would raise more money than Question B over time.

Friends of White Flint invited Friedson and Ficker to discuss their charter amendments on a Zoom meeting and they did not disappoint. Stiff jabs, hooks and uppercuts were thrown (virtually of course) as the high school linebacker and Muhammad Ali’s running partner put on a show. But Friedson threw the winning punch with this statement:

What Robin Ficker will not say, what he is not telling you, is when he repeatedly talks about that 8.7% property tax increase [in 2016] based on this ridiculous tax policy that we currently have, his property taxes, not just his tax rates, his property taxes, the literal dollars that Mr. Ficker pays today, are lower than what they were when property taxes were raised.

This is a true statement as can be verified from county records. Ficker was charged $4,920 in county property taxes on his Boyds home in 2016 and has been charged $4,723 this year, a 4% drop in his taxes. This is despite a slight increase in his property’s assessed value. Ficker’s experience demonstrates a quirk of the current property tax charter limit that his charter amendment would convert into a hard cap: because the charter limit ties revenue growth to inflation and not growth in the assessable base (which is usually higher), it can actually result in cuts to property tax rates and reductions in collections from some specific properties, including Ficker’s. Friedson argues that this deprives the county of the full tax benefits it could otherwise derive from growth and serves as a disincentive for economic development.

Ficker had no response on the issue of his county property taxes.

The full video is below.

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Who is Spending Money on the Ballot Questions?

By Adam Pagnucco.

The six committees formed to advocate for and against MoCo’s ballot questions have filed campaign finance reports through October 4. Let’s see who is paying for all of this – so far.

First, a quick summary of the ballot questions.

Question A: Would freeze the property tax rate but allow a unanimous vote of the council to increase it. Authored by Council Member Andrew Friedson.
See Why Progressives Should Support the Friedson Amendment.

Question B: Would remove the ability of the county council to break the current charter limit on property taxes, thereby capping property tax revenue growth at the rate of inflation. Authored by Robin Ficker.

Question C: Would add 2 district seats to the county council, thereby establishing 7 district seats and 4 at-large seats. Authored by Council Member Evan Glass.
See MoCo Could Use More County Council Districts.

Question D: Would convert the current council’s 5 district seats and 4 at-large seats to 9 district seats. Authored by Nine District for MoCo.
See Don’t Abolish the At-Large County Council Seats, Nine Kings and Queens.

Here is a summary of committee finances for the entire cycle.

Nine District for MoCo, by far the oldest committee, has raised and spent the most money. It has had far more individual contributions (252) than Ike Leggett’s Vote No on B and D (30) with no other committee reporting any. Real estate interests have accounted for 83% of Nine District’s cash contributions. Interestingly, while Washington Property Company president Charlie Nulsen and the three county employee unions were major Nine District contributors in prior reports, they have not contributed any more since July. Nine District has collected contributions from leaders of the county’s Republican Party, which has raised money for the group on its website. The group has spent money on fees for Baltimore consultant Rowland Strategies, legal fees, robocalls and advertising (especially on Facebook).

Vote No on B & D, Leggett’s committee, spent $9,610 on graphic design for printing and campaign materials and $58,437 on direct mailing. So far, this is the only expenditure by any committee on mail. (Where’s my mailer, Ike?) Two other committees have collected money but not spent it and two more have collected less than $1,000.

Here are the biggest contributors to these committees and their positions on the ballot questions.

David Blair – $100,000
Supports Question A, Opposes Questions B and D
The former county executive candidate has given $50,000 each to Leggett’s group opposing Questions B and D and his own group supporting Question A and opposing Question B.

Charlie Nulsen – $50,000
Supports Question D
The president of Washington Property Company made one $50,000 contribution to Nine District for MoCo on 6/4/20. This was a critical boost for the group as it was in the home stretch of gathering signatures to appear on the ballot.

Monte Gingery – $40,000
Supports Question D
The head of Gingery Development Group has made three contributions totaling $40,000 to Nine District for MoCo.

MCGEO – $30,000
Opposes Question B, Supports Question D
The largest county government employee union gave $20,000 to Montgomery Neighbors Against Question B and made a $10,000 in-kind contribution to Nine District for MoCo. MCGEO President Gino Renne is the treasurer of Empower PAC, which gave another $5,000 to Montgomery Neighbors Against Question B.

Willco – $15,000
Supports Question D
The Potomac developer gave an in-kind contribution of $15,000 to Nine District for MoCo which was used to pay Rowland Strategies.

UFCW Local 400 – $10,000
Opposes Question B
This grocery store union which shares a parent union with MCGEO gave $10,000 to Montgomery Neighbors Against Question B.

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