Archive for the ‘state politics’ Category

In 2010 and 2015, I did some data analysis to see which states had the most libertarians, based on Libertarian Party and Ron Paul election results. I’ve now done something similar for 2016.

Unfortunately, in 2016 we didn’t have a libertarianish Republican presidential candidate continue through every primary, and so we can’t use primary election results. However, Rand Paul did run for several months and collected campaign contributions, which we can use. In addition, we can use votes and campaign contributions for the Johnson-Weld campaign to try to see where the libertarians are.

The best way to do this would undoubtedly be to do issue surveys of enough voters in every state that we could estimate the percentage of voters in every state that take libertarian policy positions. But we just don’t have big enough sample sizes at the state level to do this right now. There are experimental, new methods that let us estimate issue positions at the state level with smaller sample sizes, but these methods are extremely time-intensive, and in any case we still don’t have consistent questions over time that would let us develop measures comparable over time.

There’s no one “right” way to do this, but here’s what I did – and all reasonable methods seem to yield similar results. I:

  1. took each state’s percentage of the vote for Johnson-Weld, campaign contributions to Johnson-Weld per capita, and campaign contributions to Rand Paul per capita;
  2. substituted national average values for home states (New Mexico and Massachusetts for Johnson-Weld, Kentucky for Paul);
  3. standardized the three variables to have the same mean and variance; and then
  4. averaged them together.

Substituting national average values for the home states seemed justified because these home states would otherwise be near the top of the rankings, even though none of these states seemed particularly libertarian in other elections when these candidates weren’t running. New Mexico was a below-average Libertarian state before Gary Johnson started running, Kentucky was a mediocre state for Ron Paul contributions in 2008 and 2012, and so on.

Without further ado, here is the ranking of states (and D.C.) by libertarians per capita in 2016, as best we can tell from these three measures:

state lp16_s john_s rand_s libertarians16
District of Columbia -0.2273757 5.063998 5.91443 3.583684
Wyoming 1.34241 0.7520453 2.782263 1.625573
Alaska 1.92475 0.8954656 0.3591455 1.059787
New Hampshire 0.4562405 1.881349 0.7760671 1.037885
Colorado 1.33397 1.46498 -0.1094947 0.8964849
Nevada -0.2358154 1.115038 1.282813 0.7206786
Washington 1.05546 1.029371 -0.0169397 0.6892969
Hawaii 0.1017729 1.514048 -0.1154285 0.5001307
North Dakota 2.211699 -0.9076071 -0.1790468 0.3750151
Oklahoma 1.815033 -0.6429195 -0.1350837 0.3456767
Idaho 0.4224817 0.1906986 0.2989358 0.3040387
Montana 1.679998 -0.4868041 -0.321723 0.2904903
Arizona 0.4056023 0.1295627 0.0997089 0.2116246
South Dakota 1.713757 -0.8959171 -0.3943799 0.1411533
Maine 1.258013 -0.5925905 -0.2984428 0.1223265
Oregon 0.9373039 -0.3396169 -0.2768817 0.1069351
Virginia -0.531205 0.7552064 -0.0225921 0.0671364
Connecticut -0.5396447 0.9314943 -0.1919439 0.0666352
New Mexico 0.1017729 0.1134186 -0.081947 0.0444149
Vermont -0.3370917 0.315843 0.0580951 0.0122821
Nebraska 0.8529069 -0.4625284 -0.3718339 0.0061815
Indiana 1.0639 -0.6398522 -0.4644283 -0.0134603
California -0.2020566 0.1975027 -0.069957 -0.024837
Texas -0.3708505 0.0970403 0.1393362 -0.0448247
Kansas 0.8782258 -0.57144 -0.4413628 -0.044859
Minnesota 0.2030493 -0.1859483 -0.2730781 -0.0853257
Massachusetts 0.1017729 0.0265284 -0.3852127 -0.0856371
Utah -0.1176594 -0.040376 -0.111288 -0.0897745
Iowa 0.1524111 -0.5752427 0.1136567 -0.1030583
Illinois 0.127092 -0.2596285 -0.2625065 -0.131681
Michigan -0.0248227 -0.3442523 -0.0487973 -0.1392908
Missouri -0.1345388 -0.5485766 -0.190781 -0.2912988
Maryland -0.6240419 0.1328795 -0.4675777 -0.31958
Georgia -0.4805668 -0.1231457 -0.4113307 -0.3383478
Tennessee -0.6662404 -0.2489252 -0.1508911 -0.3553522
Wisconsin -0.016383 -0.6375318 -0.4363715 -0.3634288
Florida -1.197942 0.0469722 -0.0559043 -0.4022913
New York -1.105105 0.1764863 -0.3696713 -0.4327633
Kentucky -0.6831198 -0.6866438 0.0554005 -0.438121
North Carolina -0.7253183 -0.3510917 -0.4069826 -0.4944642
Ohio -0.3792903 -0.6159415 -0.5193276 -0.5048531
South Carolina -1.062907 -0.3300098 -0.2762537 -0.55639
West Virginia -0.3455315 -0.9457347 -0.4400242 -0.5770968
Pennsylvania -1.029148 -0.4462026 -0.4482422 -0.6411975
Rhode Island -0.3539712 -0.8717933 -0.7971447 -0.6743031
Arkansas -0.8097153 -0.6793436 -0.6667849 -0.7186146
New Jersey -1.468012 -0.3178977 -0.4170856 -0.7343319
Alabama -1.273899 -0.6585236 -0.4357239 -0.7893822
Louisiana -1.459573 -0.6117339 -0.3441515 -0.8051527
Delaware -1.704324 -0.7962323 -0.2577564 -0.9194376
Mississippi -2.033473 -1.015875 -0.2154772 -1.088275

The “lp16_s” column is the standardized value of Johnson-Weld percentage of the vote, “john_s” is the standardized value of Johnson-Weld campaign donations per person, and “rand_s” is the standardized value of Rand Paul contributions per person. D.C. is the “state” with the most libertarians due to its huge campaign contributions to these two candidates, even though the Libertarian ticket did worse than average there in the actual election. Wyoming comes next. It looks pretty libertarian across the board but was especially supportive of Rand. Alaska is third; it was a great state for the Johnson-Weld ticket. New Hampshire came fourth and was above average on all three measures.

I also looked into the possibility that Johnson-Weld did worse in swing states because of tactical voting, but I could find no evidence for this hypothesis. States where the polls were close did not show lower third-party support, surprisingly.

These results are pretty similar to those from previous years, except that I hadn’t looked at D.C. before. It’s not surprising that D.C. would score so highly on campaign contributions, because lots of people there are really interested in politics. Maybe I should have used campaign contributions to each candidate as a share of all campaign contributions, rather than per capita, but I’m unpersuaded that this would be the right way to go. D.C. really may have lots of libertarians – who are nevertheless swamped by those of other ideologies. Wyoming does a lot better than in previous years, and Montana significantly worse. Alaska has always been near the top in these numbers. New Hampshire hasn’t separated itself from the pack despite the Free State Project. It was the best state other than D.C., New Mexico, and Massachusetts for Johnson-Weld campaign contributions, but it was only moderately above average for Johnson-Weld votes and Rand Paul campaign contributions.

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Now that the 2016 election results are available by town for New Hampshire, I thought I would take a look at where libertarian candidates tended to do well or poorly, and how that pattern compared with conservative versus progressive support by town.

To measure libertarian voting by town, I used different variables in different years.

For 2008, I used:

  • Ron Paul vote share in the Republican presidential primary,
  • Libertarian Party vote share in the general presidential election (both Bob Barr and George Phillies had separate Libertarian candidacies in New Hampshire that year),
  • Libertarian Party vote share in the general gubernatorial election.

For 2012, I used:

  • Ron Paul vote share in the Republican presidential primary,
  • Libertarian Party and Ron Paul write-in vote share in the general presidential election,
  • Andrew Hemingway vote share in the Republican gubernatorial primary of 2014. (So this is sort of a 2012-4 measure really.)

For 2016, I used:

  • Rand Paul vote share in the Republican presidential primary (he had dropped out of the race, but over 1% of voters voted for him anyway),
  • Frank Edelblut vote share in the Republican gubernatorial primary,
  • Libertarian Party vote share in the general presidential election,
  • Libertarian Party and Aaron Day vote share in the general U.S. Senate election.

I also calculated conservatism vs. progressivism by town for 2012 and 2016.

For 2012 conservative voting, I used:

  • Republican Party general presidential election vote share,
  • Republican Party general gubernatorial election vote share (2012),
  • Republican Party general gubernatorial election vote share (2014).

For 2016 conservative voting, I used:

  • Republican Party general presidential election vote share,
  • Republican Party and Aaron Day vote share in the general U.S. Senate election,
  • Republican Party general gubernatorial election vote share.

I also looked at how these variables correlated with each other. The strongest correlations I found outside the Republican candidates’ correlations with each other were between LP + Day Senate 2016 vote share and Ron Paul 2012 primary vote share (r=0.51), LP + Day Senate 2016 vote share and Trump vote share (r=0.37), Rand 2016 and Ron 2012 primary vote share (r=0.32), LP + Day Senate 2016 vote share and Edelblut ’16 vote share (r=0.30), Johnson ’12 + Ron Paul write-ins and Ron Paul 2012 primary vote share (r=0.51), Trump vote share and Ron Paul 2012 primary vote share (r=0.45), Paul ’12 and Paul ’08 vote share (r=0.49), Paul ’08 and Hemingway ’14 vote share (r=0.43), and Paul ’12 and Hemingway ’14 vote share (r=0.34). Interestingly, the Johnson-Weld ticket really didn’t correlate with anything else at all, suggesting that most of their voters were simply anti-Clinton and anti-Trump, not libertarian leaners. Most of those voters probably won’t stick around for future Libertarian candidacies unless they don’t have a lot of options.

These correlations also imply that a lot of Ron Paul’s 2012 primary vote came from disaffected, non-conservative, potentially populist or nationalist Republicans. This is consistent with what I reported here on Pileus years ago about how Ron Paul in 2012 added a bunch of anti-establishment, moderate to liberal independents and Republicans to his libertarian base. It also suggests, perhaps, some reason for optimism about the Trump phenomenon. A lot of his voters are simply alienated and not that strongly ideological. If they could vote for both Ron Paul in 2012 and Donald Trump in 2016, these people must be ideologically flexible, even if consistently anti-establishment.

So where can you find libertarians, progressives, and conservatives in New Hampshire? These maps tell the tale. (Unincorporated townships and towns with fewer than 100 votes are not mapped.)

nhlib16 nhlib12 nhlib08 nhcon16 nhcon12

Please note that each variable is recentered each year, so that it is impossible to compare towns across years in any absolute sense (“this town is becoming more libertarian” is an inference you absolutely cannot make from these data), though you could make comparisons over time, relative to the average town in New Hampshire (“this town used to be quite a bit more libertarian than other towns, but now it’s only average” is something you could say based on these data). The recentering has to be done because different candidates run and are included in the calculations in different years.

Now then, where are the libertarians? The results aren’t greatly different from those I’ve reported before, with New Hampshire’s most libertarian towns generally lying in the Appalachian mountains and foothills of the western part of the state. However, in 2016 there is a notable change, with the libertarian center of gravity shifting southward to Cheshire and western Hillsborough counties. This surprised me a bit at first, but it makes sense once you consider that conservatarian Republican gubernatorial candidate Frank Edelblut is from western Hillsborough County and absolutely dominated the vote in his hometown and nearby towns, coming close to knocking off then-presumptive nominee Chris Sununu (now governor elect) statewide.

Republicans, meanwhile, are much stronger in the southeastern third of the state than elsewhere in 2012, but in 2016 they had more even support throughout the state, making clear inroads into the relatively deprived North Country. This is consistent with the general shift of the party to the nationalist radical right with accompanying loss of support among upscale groups and growth among the white working class.

Scatter plots make these phenomena clearer (click to expand).

The last scatter plot, in particular, shows that between 2012 and 2016 Republicans lost, relatively to the average town, in upscale towns like Hanover, Bedford, New Castle, Amherst, Hollis, and New London (most of these are strongly Republican towns, but Hanover is the most Democratic town in the state). Meanwhile, Republicans gained in the small towns of the North Country, places like Landaff, Berlin, Northumberland, and Millsfield. Libertarians (not necessarily Libertarian Party, but libertarianish candidates) look to have gained in western Hillsborough County, towns like Greenville, Mason, and New Ipswich (all heavily GOP). Again, this pattern really reflects the strength of Republican Frank Edelblut in his primary.

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Updated to include two scatter plots

Having examined which states have the most and least libertarians, I’ve decided to do something similar for the 239 populated towns of New Hampshire. Towns are the most important level of local government here, and therefore the degree of libertarian-ness should make some difference to policy at the town level.

The indicators I use for number of libertarians are as follows: percentage of the vote for Gary Johnson and Ron Paul (write-ins) in the 2012 presidential general election (Ron Paul won a nontrivial number of write-ins in New Hampshire); percentage of the vote for libertarianish gubernatorial candidate Andrew Hemingway in the 2014 Republican primary (he got over 37% of the vote); percentage of the vote for Ron Paul in the 2012 Republican primary; percentage of the vote for Ron Paul in the 2008 Republican primary; and the percentage of voters registered “undeclared” (independent). These are all measured at the town level.

As in my research on the states, I use principal component analysis to reduce the correlations among these variables to a single “best” variable expressing their underlying commonality. I also “weight” the observations by population, since New Hampshire has many small towns, where sampling error should be higher (lots of zeroes and high percentages in election results). In fact, weighting the observations this way yields better results, as revealed by the eigenvalue of the first extracted component.

These variables do in fact correlate with each other and all contribute positively, as expected, to the extracted component. The highest scoring coefficient goes to 2012 Paul primary vote (0.55) and the lowest to undeclared registration percentage (0.25).

UPDATE: Here are two charts of Andrew Hemingway 2014 percentage against Ron Paul 2012 percentage, by town. The first limits to towns and cities with at least 700 population, the second to towns and cities with at least 10,000 population. As you can see, the correlation is strong.



And now for the lists of most and least libertarian towns…

Top 10:

Town Score
Richmond 11.2
Grafton 9.4
Wentworth 7.4
Alexandria 6.1
Lyman 6.0
Dorchester 5.7
Marlow 5.6
Clarksville 5.3
Croydon 5.2
Benton 5.1

Most of these are in Grafton County, where I also live. They are all small and rural. The most libertarian large town (over 5000 population) is Plymouth (score of 4.5), a left-leaning college town (also in Grafton Co.). The most libertarian-leaning municipality with a city form of government is Franklin in Merrimack County (score of 2.0). Almost all of the towns where libertarian candidates are most popular are in the west, especially northwest, of the state. Three exceptions are Francestown (5.0), Mason (4.3), Hill (4.0), and New Ipswich (3.9), but even these are west of I-93, which bisects most of the state. The top town east of I-93 is Pittsfield (3.2).

Here are the bottom 10:

Dixville -5.9
Hale's Location -4.7
New Castle -3.9
Rye -3.5
Jackson -3.2
Bedford -3.1
Waterville Valley -3.1
Atkinson -3.0
Stratham -3.0
New London -2.7

Four out of these 10 are in Rockingham County on the seacoast. Dixville and Hale’s Location are truly tiny. Bedford is a staunchly Republican suburb with a population over 20,000. In fact, many of the least libertarian places are well-to-do suburbs that are strongly establishment-Republican (Bedford, New London, Hooksett, Hampstead, Windham).

Examining the towns that are right in the middle of the spectrum will give us a sense of which places are most “representative” in their libertarian-ness. Here are those, filtering down to places with more than 1000 population:

Derry 0.2
Littleton 0.2
Goffstown 0.1
Keene 0.1
Manchester 0.1
Lee 0.0
Chester 0.0
Claremont -0.0
Sandown -0.2
New Boston -0.2

Some of these are not representative of the state in a left-right sense, however. New Boston, Goffstown, Littleton, and Chester are all firmly Republican, while Keene, Lee, and Claremont are if anything even more firmly Democratic. Derry (R-leaning), Manchester (D-leaning), and Sandown (R-leaning) could be considered somewhat representative of the state.

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A few years ago, I did a statistical analysis of which states had the most libertarians, using data from 2004 and 2008 Libertarian Party vote shares and 2008 Ron Paul vote shares and contributions. David Boaz has prodded me to update these numbers in light of the 2012 election. This post does just that.

To come up with a single, valid indicator of how many libertarians are in each state, I use a technique called principal component analysis (PCA), which extracts the vector of data that best explains the correlations among multiple variables. Say I have a number of different measures of the number of libertarians by state. Using PCA, I can convert those different measures into a single measure. A crude way of doing this would be to simply standardize and average all of the different variables, but that method assumes that each variable is an equally reliable measure of the underlying concept. PCA actually tells us which variables are most reliable measures and weights them more heavily.

To see which states have the most libertarians, I use six measures: Libertarian Party presidential vote share in 2008 and 2012, Ron Paul contributions as a share of personal income in 2007-8, Ron Paul and Gary Johnson contributions as a share of income in 2011-12, and “adjusted” Ron Paul primary vote share in 2008 and 2012. Ron Paul vote shares are adjusted for primary vs. caucus, calendar, number of other candidates, and the like (for details see this post). Hawaii and Wyoming are excluded because they did not collect vote shares in the 2008 presidential primary. D.C. is included.

Here are the results of the PCA on these six variables:

. pca resid12 resid08 lp12 lp08 rpcpi08 libcpi12

Principal components/correlation Number of obs = 49
Number of comp. = 6
Trace = 6
Rotation: (unrotated = principal) Rho = 1.0000

Component | Eigenvalue Difference Proportion Cumulative
Comp1 | 2.81582 1.49201 0.4693 0.4693
Comp2 | 1.32382 .517957 0.2206 0.6899
Comp3 | .805859 .266932 0.1343 0.8242
Comp4 | .538928 .0754767 0.0898 0.9141
Comp5 | .463451 .411326 0.0772 0.9913
Comp6 | .0521252 . 0.0087 1.0000

Principal components (eigenvectors)

Variable | Comp1 Comp2 Comp3 Comp4 Comp5 Comp6 | Unexplained
resid12 | 0.1159 0.7527 0.1699 0.3288 0.5308 -0.0354 | 0
resid08 | 0.3400 0.5441 0.1240 -0.3297 -0.6750 0.0934 | 0
lp12 | 0.4360 -0.1868 0.3962 -0.6239 0.4133 -0.2408 | 0
lp08 | 0.3628 -0.3001 0.6360 0.5552 -0.1895 0.1724 | 0
rpcpi08 | 0.5218 -0.0665 -0.4366 0.2925 -0.1052 -0.6604 | 0
libcpi12 | 0.5263 -0.0897 -0.4513 -0.0152 0.2117 0.6828 | 0

“Resid*” is adjusted Ron Paul vote share, “lp*” is LP vote share, and the last two variables are contributions as a share of personal income. What this output tells us is that one single component has lots of explanatory power for the correlations among these six variables: we can interpret this component as the number of libertarians in a state. The method doesn’t give us a number interpretable as an absolute count of libertarians, but a number that we can interpret as representing how many libertarians each state has compared to all the others.

The second table of output shows how each variable contributes to each component. To the first extracted component, the one of interest to us here, the contributions variables actually contribute the most, while adjusted Ron Paul vote shares, especially in 2012, contribute the least. I have found elsewhere that in 2012 Paul did really well in states with lots of liberal voters, as he expanded his base beyond libertarians to antiestablishment liberals and moderates. As a result, his cross-state performance in 2012 isn’t actually a good measure of how libertarian each state is. Still, it contributes a little something to our measure.

Here is the extracted component, with all the states ranked from most to least libertarian:

state libertarians
Montana 5.504036
New Hampshire 4.163368
Alaska 3.586032
New Mexico 3.319092
Idaho 2.842685
Nevada 2.477748
Texas 1.632528
Washington 1.568113
Oregon 1.180586
Arizona 1.0411
North Dakota 0.7316829
Indiana 0.6056806
California 0.5187439
Vermont 0.4731389
Utah 0.2056809
Colorado 0.1532149
Kansas 0.107657
South Dakota 0.0328709
Maine -0.0850015
Pennsylvania -0.2063729
Iowa -0.3226413
Georgia -0.3296589
Virginia -0.3893113
Maryland -0.4288172
Rhode Island -0.470931
Tennessee -0.4882021
Missouri -0.4912609
Arkansas -0.5384682
Louisiana -0.5897537
Nebraska -0.6350928
Minnesota -0.7662109
Michigan -0.7671053
North Carolina -0.811959
South Carolina -0.8196676
Illinois -0.9103957
Ohio -0.9599612
Delaware -1.057948
Florida -1.072601
District of Columbia -1.091851
New York -1.225912
Kentucky -1.330388
Massachusetts -1.342607
Wisconsin -1.410286
New Jersey -1.431843
Connecticut -1.606663
Alabama -1.863769
Oklahoma -1.93511
West Virginia -2.244921
Mississippi -2.519249

Mississippi and West Virginia have the fewest libertarians, while Montana and New Hampshire have the most. Note that Montana and New Mexico will be overstated on this measure, because I have added half of the Montana Constitution Party’s vote share to the Libertarian Party vote share in 2008, because they listed Ron Paul on their general election ballot. No other state had the opportunity to run Ron Paul in the general election, however, so this choice overstates how many libertarian voters are in Montana. But excluding Ron Paul from Montana’s vote share would hurt them because he presumably drew lots of votes away from Bob Barr, the LP candidate, in that state. If I do exclude Ron Paul’s votes entirely from Montana 2008, then New Hampshire ends up just pipping them for most libertarian state. New Mexico is overstated because it is Gary Johnson’s home state, who did very well there both on contributions and on vote share.

These results are quite similar to those I found back in 2010, perhaps unsurprisingly since I included 2008 data on both occasions. Still, there are some small differences. New Hampshire has now easily passed Alaska for the #2 spot. Vermont, Maine, Kentucky, and Texas have gained, while Michigan, Idaho, Indiana, and Georgia have fallen.

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Last week Attorney General Eric Holder announced that the Department of Justice would be suspending its adoption of state civil forfeiture cases through its “Equitable Sharing” program. To review, civil asset forfeiture is the procedure by which law enforcement seizes property suspected of having been associated with a crime, and then auctions it off and uses the money for its own purposes. Under federal law, asset forfeiture is easy: the agency must simply show by a preponderance of the evidence that the property was associated with a crime, and then the owner bears the burden of proving her innocence. Under the Equitable Sharing program, the Department of Justice “adopts” state cases in states in which forfeiture laws are stricter, thereby implicating the weaker federal standard, then shares up to 80% of the proceeds of these forfeitures with state and local law enforcement.

The system creates perverse incentives for seizing the cash, vehicles, and businesses of innocent people, as last year’s blockbuster investigation by the Washington Post revealed. Moreover, the Equitable Sharing program intentionally circumvents state law. The Institute for Justice’s 2010 study Policing for Profit showed that states with stricter civil asset forfeiture procedures saw substantially greater Equitable Sharing revenues.

Thus, Holder’s announcement is very welcome. Still, as Radley Balko points out, the new policy contains some big exceptions:

. . . (1) seizures by state and local authorities working together with federal authorities in a joint task force; (2) seizures by state and local authorities that are the result of joint federal-state investigations or that are coordinated with federal authorities as part of ongoing federal investigations; or (3) seizures pursuant to federal seizure warrants, obtained from federal courts to take custody of assets originally seized under state law.

According to the WaPo story, only 57% of Equitable Sharing proceeds came from state-only investigations, so the new policy should cut payments to state and local agencies by about half. When it comes to big forfeitures, the new policy creates an obvious incentive for local law enforcement to bring in a federal investigator to create a pretext for adoption. Moreover, many of those forfeitures that are no longer adopted will still be pursued under state law, simply with a higher evidentiary threshold in many cases. Thus, the total amount of civil forfeiture that occurs in this country can be expected to drop by only a small fraction of the current annual average total.

To get a better sense of how this policy change will affect asset forfeiture in the states, I will present some numbers from the new asset forfeiture dataset that we are compiling for the fourth edition of Freedom in the 50 States. We have data on Equitable Sharing proceeds by state from Fiscal Year 2000-01 to Fiscal Year 2012-13, as well as detailed information on state standards for forfeiture.

The following time-series chart shows Equitable Sharing revenues per $1000 of state personal income for several large states: Texas, Florida, California, Illinois, and New York. These data exclude a massive, one-time payout to New York agencies for the Bernie Madoff case.
equitable sharing by state
As the chart shows, Equitable Sharing really began to ramp up in 2006-07. By 2012-13, these five states combined for $228 million in forfeiture revenues from the federal government. For each of the last four years, California was first or second among these five states in forfeiture revenue as a share of the state economy. Probably not coincidentally, California has some of the toughest procedures for civil forfeiture in the country.

In the U.S. as a whole, Equitable Sharing forfeiture revenues totaled $486 million in FY 2012-13, more than double the total of 2004-05. We don’t know just what the total value of assets forfeited in the country is, because states and localities don’t often keep track of the data. Moreover, the Equitable Sharing program includes proceeds of criminal as well as civil forfeiture (criminal forfeiture upon conviction is much less controversial). But from the states for which we do have data, it appears that, at least in the early 2000s, total assets forfeited through state law amounted to about 20-50% more than what the states got from Equitable Sharing. Those figures undercount the losses to victims of forfeiture, because agencies get, at best, market value for what they seize. So it’s quite possible that each year, more than $1 billion in value is taken from property owners through civil asset forfeiture.

Now that the Equitable Sharing program is being curtailed, state laws will matter more. Which states are best positioned to protect property rights in the new order? Here’s a ranking of states as of January 1, 2015 on citizen protections from civil asset forfeiture, based on the burden of proof for showing that the property was connected to a crime, whether there is an “innocent owner” rebuttable presumption, where the proceeds of asset forfeiture go (when they go to the forfeiting agency, there are more incentives for abuse), and whether the state had put any limits on Equitable Sharing already:

1. North Carolina
2. California
3. Colorado
4. New Mexico
5. Florida
5. Minnesota
7. Oregon
8. Vermont
8. Missouri
10. Nebraska
10. Wisconsin
10. Indiana
10. Maine
14. Kansas
14. Michigan
14. Maryland
17. Connecticut
18. Utah
19. New York
19. Kentucky
21. Louisiana
21. Mississippi
21. Nevada
24. New Hampshire
24. Texas
26. Alabama
27. Arizona
27. Arkansas
27. Hawaii
27. Idaho
27. Iowa
27. New Jersey
27. Ohio
27. Oklahoma
27. Pennsylvania
27. Tennessee
27. Virginia
27. West Virginia
39. Illinois
39. Rhode Island
39. South Carolina
42. Georgia
42. North Dakota
42. South Dakota
42. Washington
46. Alaska
46. Delaware
46. Massachusetts
46. Montana
46. Wyoming

With any luck, Holder’s decision will inaugurate a new round of forfeiture reforms at the state level, as legislators realize that they once again have the power to set policy for their own officials.

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With this post, I’m reporting updated results on the ideological ideal points of New Hampshire legislators, introduced previously here. In that analysis, I found that libertarians in the New Hampshire House in 2014 tended to vote with the right (and vice versa) on most roll-call votes scored by the New Hampshire Liberty Alliance. That included votes on bills to prevent localities from acquiring military vehicles for police, to reform civil asset forfeiture, to protect public school students’ privacy, and other civil-liberty issues where you would have expected the left to be more libertarian. In fact, the more left-wing you were, the more likely you were to oppose the libertarian position on those bills.

However, there were a few bills on which the left was more libertarian, mostly dealing with marijuana and other criminal-justice issues. When those were separated out, the analysis revealed a distinct cluster of 10-40 legislators (depending on the strictness of the criteria for inclusion) who tended to vote with the left or center on this just-mentioned subset of social issues but with the center or right, respectively, on the majority of roll-calls: a libertarian(-ish) caucus.

I am now updating the analysis with 2013 roll-calls included, to cover the entire biennial session. I’m also reporting more charts and tables for the geekily inclined.

To recap, I ran a Bayesian IRT analysis with imputation of missing data (abstentions and absences) using R package “pscl.” First, I began with the hypothesis that libertarianism-communitarianism was the first dimension underlying all roll-call votes. This hypothesis seemed to work for most roll-call votes, but it failed on some. In fact, a left-right dimension underlies most legislators’ voting decisions. So I separated out the bills on which the hypothesis failed and ran separate analyses on both sets. That resulted in two dimensions of ideology: how right-wing you are on right-libertarian issues (henceforth, “right-libertarianism”) and how left-wing you are on left-libertarian issues (henceforth, “left-libertarianism”).

I also corrected some errors in the NHLA data (votes coded the wrong way and one individual legislator vote miscoded) and made some different judgment calls from them. I mentioned some differences I had with their inclusion of votes against casino bills as pro-liberty and votes against a domestic violence bill as pro-liberty. I would have dropped them from the analysis if they had made any difference to the results, but they didn’t, so I didn’t bother. However, I did make some more substantial judgments. I dropped two voter ID/registration bills that the NHLA supported (loosening voting requirements). These were party-line votes: libertarian Democrats voted with their party in favor, and libertarian Republicans with their party against. NH’s voter registration rules are extremely lax, and the reform proposals so modest, that I could hardly count these bills, which undid some changes of the 2011-12 legislature, as clearly pro- or anti-liberty. Had I included them, they would have dominated the second dimension, reducing the additional information it supplies beyond mere left-right ideology. Finally, I counted votes in favor of a bill banning prison privatization as anti-liberty and votes against expanding the research and development tax credit as pro-liberty, directly contradicting the NHLA’s positions (but with good reason, I think – the data showed stronger fiscal conservatives voting against the NHLA on both).

There were 404 legislators that served at some point during the 2013-14 session (the maximum at any one time is 400). There were 149 total bills I looked at, but in the end 136 made it into the right-libertarianism analysis and 11 made it into the left-libertarianism analysis.

Another small difference from the last effort is that this time I ran a NOMINATE analysis first to get priors on each dimension for each legislator. The NOMINATE analysis also suggests 2 dimensions of ideology, just rotated slightly differently.

For the geekily inclined, here is a table of the discrimination parameters for the 10 most important bills contributing to the right-libertarianism dimension (here’s the intuition: a higher discrimination parameter means the bill is more important in distinguishing the right-libertarian from the left-communitarian):

bill	mean	stdev	lower	upper proliberty antiliberty notvoting
hb544	8.27	1.159	5.892	10.343	154	182	68
sb413	6.284	0.894	4.848	8.267	132	202	70
hb271	5.065	0.793	3.508	6.798	155	206	43
hb370	4.19	0.57	3.136	5.281	151	188	65
hb1570	4.048	0.536	2.894	5.226	142	161	101
hb1541	3.939	0.541	3.025	5.418	109	162	133
cacr1	3.938	0.523	3.123	5.086	149	206	49
hb1403	3.775	0.531	2.676	4.933	118	173	113
hb427	3.654	0.505	2.772	4.661	152	185	67
sb120	3.545	0.458	2.756	4.544	119	186	99

All of these were losses for liberty, and given the Democratic control of the House then, that’s not surprising. But only two of them passed both houses and were enacted into law: SB 413, Medicaid expansion, and SB 120, increasing campaign finance reporting and registration requirements. The top bill, HB 544, would have created a state-based Obamacare exchange.

Here are the bills that fed into the second dimension, left-libertarianism vs. right-communitarianism (all 11):

bill	mean	stdev	lower	upper proliberty antiliberty notvoting
hb573	10.171	0.24	9.735	10.804	286	64	54
hb492	2.092	0.297	1.531	2.94	170	162	72
hb1625	1.492	0.218	1.118	1.99	215	92	97
hb621	1.376	0.177	0.946	1.669	193	136	75
hb1325	0.872	0.147	0.56	1.162	66	219	119
hb249	0.807	0.149	0.566	1.105	266	68	70
hb1237	0.701	0.092	0.551	0.9	231	97	76
hb1577	0.674	0.124	0.475	0.943	209	116	79
hb1501	0.526	0.097	0.253	0.728	211	86	107
sb296	0.429	0.095	0.283	0.638	210	128	66
hb1624	0.327	0.109	0.147	0.567	256	40	108

HB573, medical marijuana legalization, dominates this list. The next on the list, HB492, was marijuana legalization. All of these were victories except Death with Dignity, HB 1325, again predictable given Democratic control of the House. Only medical marijuana and HB1624, modernizing the juvenile justice system, were passed and enacted into law. Of course, some of the victories consisted in defeating bad bills.

Here were the 10 most right-libertarian legislators in the last session:

name	party
Groen Warren	R
Sylvia Michael	R
Meaney Richard	R
Hoell J.R.	R
Murphy Keith	R
Sandblade Emily	R
Notter Jeanine	R
Baldasaro Alfred	R
Lambert George	R
O'Brien William	R

William O’Brien was the 2011-12 Speaker of the House. Several of these legislators are Free State Project movers.

Here were the 10 most left-libertarian legislators in the last session:

name	party
Winters Joel	D
O'Flaherty Tim	D
Vaillancourt Steve	R
Ketel Stephen	D
Levasseur Nickolas	D
Bickford David	R
Gardner Janice	D
Friedrich Carol	D
Arsenault Beth	D
Carroll Douglas	D

Joel Winters was the first FSP mover elected to the state house (2006). Steve Vaillancourt is a left-libertarian gadfly and served in the legislature for close to two decades, before losing this year.

I created an index of libertarianism weighted 3:1 toward right-libertarianism (on the theory that economic and personal freedom are equally important, and right-wingers are better on economics and half of personal freedom, and worse on the other half). Here are the most libertarian legislators according to that blend:

name	party
Lambert George	R
Sylvia Michael	R
Garcia Michael	D
Hoell J.R.	R
Sandblade Emily	R
Pratt Calvin	R
Warden Mark	R
Meaney Richard	R
Murphy Keith	R
Tasker Kyle	R

Here is a plot of the legislators on both dimensions, color-coded by party (click to expand):

2013-14 NH House Ideal Points

Note that a handful of communitarians do now reveal themselves: William Butynski, Daniel Hansberry, Katherine Rogers, Leigh Webb, Deanna Rollo, Richard Eaton, Mary Nelson (all Dems).

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NH House in 2 Dimensions

Ideal Points of NH State Legislators in 2 Dimensions (Click to Expand)

The New Hampshire Liberty Alliance does a Liberty Rating each year in which they analyze liberty-related roll-call votes of state representatives and senators and grade them. (The NHLA is a great government accountability organization, by the way, and well worth supporting; a lifetime membership is only $100.)

I used their roll-call votes for the 2014 N.H. House of Representatives but analyzed them differently (I also corrected three errors in their spreadsheet). The vast majority of roll-call votes are on economic issues, where conservative Republicans and libertarians line up. So the Liberty Rating might overstate how libertarian conservative House members really are, if those social issues that are voted on are disproportionately important. The Liberty Rating tries to assess how important each vote is, but the way they do it is arbitrary and subject to dispute (for instance, they rate a bill restricting the sharing of public school student information as highest-priority, on a level with legalizing marijuana and three times as important as a bill enacting occupational licensure of medical technicians). Furthermore, some of their bills are disputably freedom-related: they rated as negative a bill creating a new crime of “domestic violence.” Now, that bill might or might not have been a good idea, but it doesn’t seem like a liberty-related issue, unless you’re an anarchist who wants to legalize everything, including violence.

I used Item Response Theory in a Bayesian framework to estimate the ideal points of legislators in two dimensions. Let me unpack that statement for the layman. I let the data speak for itself. If legislators who generally voted libertarian voted in favor of a bill, the data are telling me that that bill is liberty-enhancing. If legislators who generally vote libertarian split on a bill, then maybe it’s not a liberty issue. Some votes might be “harder” or “easier” than others, like questions on a test. Even a pretty libertarian legislator might vote the wrong way on a hard vote, like a bill legalizing physician-assisted suicide (“Death with Dignity”, HB 1325 in 2014), which failed 219-66.

Using the R package “pscl,” I first hypothesized that all 93 roll-call votes in 2014 reflected a single ideological dimension: each legislator’s degree of libertarian-ness. We could line up all legislators’ ideal points in ideological space along a single line, and that line would be the best way to predict how all the legislators vote on any given issue.

That hypothesis ended up being wrong. On 84 roll-call votes, I couldn’t reject that hypothesis, but on 9, I could. Those were votes on which those voters who tended to vote in a libertarian direction on the other 84 votes tended to vote in an anti-libertarian direction instead – and conversely, those voters who usually voted anti-libertarian actually tended to vote libertarian on those 9 votes.

What were those 9 votes?

  1. HB1237, prohibiting local sex-offender residency restrictions (passed 231-97)
  2. HB1325, Death with Dignity (failed 66-219)
  3. HB1501, mandating licensing of outpatient abortion facilities (killed 211-86) (the NHLA generally stays out of abortion bills, but they believed, and I agree, that business licensing is the wrong way for pro-lifers to restrict abortion)
  4. HB1577, allowing alkaline hydrosis for the disposal of human remains (passed 209-116)
  5. HB1624, modernizing the juvenile justice system (passed 256-40)
  6. HB1625, decriminalizing small amounts of marijuana (passed 215-92)
  7. HB249, mandating employer use of E-Verify (killed 266-68)
  8. HB492, legalizing marijuana (passed 170-162)
  9. SB296, discriminating in favor of veterans in public employment (killed 210-128)

What do all these issues have in common? They’re social issues on which libertarians make common cause with the left! And note that apart from Death with Dignity, libertarians won on every one of these bills. Part of that has to do with the fact that socially liberal Democrats were in the majority in 2014, and part of it has to do with the fact that libertarians are numerous enough in the House to swing some close votes, like the legalization of marijuana.

There were also a few votes without a clear libertarian position; in statistical jargon, they didn’t “load” onto the first ideological dimension at all:

  1. SB318, establishing the crime of domestic violence (passed 325-3)
  2. SB336, banning deer baiting on public land (killed 200-85)
  3. SB366, establishing two casinos in New Hampshire (killed 173-172)

Arguably these roll-calls shouldn’t have been included in the Liberty Rating.

So I divided the roll-call votes into two groups: (more…)

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