Incumbency is a factor not to be ignored in politics. In some election cycles it’s an advantage. However, in our current environment it’s clearly a political liability that anyone serving in office seeking re-election has to deal with.

In this election cycle we also have to make the determination of incumbency status following a historical redistricting that saw radical changes in legislative and Congressional seats.

Consider Assembly District 74. This is a seat entirely within Orange County that includes all or parts of the cities of Huntington Beach, Costa Mesa, Newport Beach, Irvine, and Laguna Beach.

So who is the incumbent here?

According to the Election Code, the incumbent in AD 74 would be Assemblyman Don Wagner if he wanted to run for this seat.

Election Code 13108 gives the first right of incumbency to the elected representative from that exact district, then to someone with the same district number if they are from the same county as the district was previously, then the law allows in new districts the label to fall to the person that represents the most territory.

Wagner’s current Assembly District (AD 70) makes up… Read More

With the passing of North Korean dictator Kim Jong Il, the country occupying the northern portion of the Korean Peninsula is back in the news. As if to make sure the rest of the world noticed the country as its “dear” leader departed, the People’s Army fired a short range missile into the ocean within hours his death.

Does the Democratic People’s Republic of Korea (as the North Koreans leaders like to call their country) have much in common with today’s other major news item, the “Occupy” movement?

CAPITALISM. Today’s Occupy movement rails against capitalism in general and “greedy corporations” in particular. Not a lot of capitalism in North Korea, and the only corporations are owned by the government (“the people”).

FREE TRADE. Ports have been a target of the Occupiers, particularly in Oakland where the protesters “succeeded” in disrupting port operations and with it the jobs of the unionized port workers,… Read More

Last I checked Republicans control the U.S. House of Representatives. Right? You need to read this floor speech from Congressman Tom McClintock. He and his California colleague John Campbell were the only two House Republicans from the Golden State to oppose a proposal to fund the extension of a payroll tax cut by passing the costs onto holders of Freddie and Fannie mortgages. There’s a WSJ story here. Take the two minutes to read this speech… Fixing the Payroll Tax House Chamber Remarks by Congressman Tom McClintock Washington, D.C. December 15, 2011

Mr. Speaker:

One of the items of unfinished business remaining before this session is extending the payroll tax cut of last year that funds Social Security.

It’s an infra-marginal tax cut, meaning that it doesn’t change economic incentives and therefore it doesn’t produce lasting economic growth. But it does provide great relief to working families, allowing them to keep more of their earnings at a time of declining incomes, shriveling assets and rising… Read More

GOP presidential candidate (and two term Governor of New Mexico) Gary Johnson is leaving the GOP to run for President as a Libertarian. His frustration and being omitted from the debates and the polls finally drove him out of the Republican Party.

Frankly I doubt it will have an effect on the outcome in November 2012, as few vote for most third party candidates. Still, the LP now has a former governor running as its premier candidate. Way to go, GOP!

The LP nomination for Johnson is far from guaranteed — the governor is a “weak” Libertarian compared to the more ideological folks running within the LP. But his elected status should give him the frontrunner position at the LP national convention. http://www.newsmax.com/InsideCover/johnson-libertarian-gop-president/2011/12/14/id/421034?s=al&promo_code=DB78-1… Read More

The following is a speech from the floor that I delivered December 14, 2011, and wanted to share it with FlashReport readers…

Mr. Speaker:

I rise in opposition to Section 1021 of the underlying Conference Report (H.R. 1540, the National Defense Authorization Act).

This section specifically affirms that the President has the authority to deny due process to any American it charges with “substantially supporting al Qaeda, the Taliban or any ‘associated forces'” – whatever that means.

Would “substantial support” of an “associated force,” mean linking a web-site to a web-site that links to a web-site affiliated with al-Qaeda? We don’t know. The question is, “do we really want to find out?”

We’re told not to worry – that the bill explicitly states that nothing in it shall alter existing law.

But wait. There isno existing law that gives the President the power to ignore the Bill of Rights and detain Americans without due process. There is only an assertion by the last two presidents that this power is inherent… Read More

Today I spoke for a few minutes on a conference call to state tax experts, lobbyists and activists across the nation — one of several speakers on a call sponsored by the Tax Foundation.

It was an awesome audience. And I DO mean awesome — I was thoroughly intimidated.

Let me tell you one thing — they LOVE California! Especially our state and local governments. Our “Golden State” is helping almost ALL their state economies with our exports.

Our primary exports? Wealth, prosperity, businesses and human capital. And unlike most exports, the folks in other states receiving our outflow don’t even have to pay for these wonderful products!

As we Californians know all too well, the generosity of our politicians knows no bounds.… Read More

The petition to recall Oakland Mayor Jean Quan that is being backed by members of the Occupy Oakland movement who are upset with her management of their activities has been approved by the City Clerk and is now in circulation. You can download a copy of the petition here: Recall Petition Jean Quan

Though the recall is led by Occupy members the grounds for the recall includes a curious statement that Quan raised parcel taxes too much, suggesting some outreach to conservative opponents of Quan is sought. Recall proponents have roughly 45 days to circulate the petition and will need 20,000 or so signatures of Oakland voters to qualify the recall. If the recall is qualified it will likely be consolidated with the June primary election. If voters agree to recall Quan, the top vote getter in the recall election would become Mayor without a run-off election.… Read More

[Publisher’s Note – There are a lot of legislative scorecards out there. Some are great on business issues. Others are good on social issues. Some are awesome on property rights. Others still on gun ownership rights. But hands-down the best legislative scorecard from the conservative side of the aisle, that rates the legislature from a broad perspective, is the annual scorecard of the California Republican Assembly. The new CRA scorecard has been released. Below is an introduction to it, followed by a link to see it online. I was particularly pleased that CRA rated AB26x — which should have passed the legislature by unanimous vote, which would have abolished Californian’s Soviet-style redevelopment agencies. How did your legislator score? Read on… – Jon Fleischman, FR Publisher and CRA Past President]

INTRODUCTION TO THE 2011 CRA LEGISLATIVE SCORECARD

… Read More