An Independent Government in Exile

Many of us voters consider ourselves politically homeless, unrepresented by the two major political parties. And even though we have diverse viewpoints and disagree about many policy prescriptions, we reject the hyper-partisan polarization that plagues US politics. We fear that the war-footing of the two major parties is causing irreparable harm to the country. The duopolistic cartel is failing in its essential task of governing through healthy debate, negotiation, and compromise.

We believe that the way out of our calcified dysfunctional politics is to be found through community-sustaining goodwill, not a continuation of political acrimony and gridlock. Sadly, our expectation that this might happen with our existing governing institutions is rapidly approaching zero. It’s disheartening. Working things out with our neighbors and friends is something WE regularly practice as an essential moral ethos necessary for harmonious communities.

We live in a country with a vigorous entrepreneurial spirit. This spirit manifests itself not only in business ventures but also the arts, sciences, and culture — everywhere it would seem but politics. That’s what duopolies do. They make certain that they are the only two choices available. Commercial duopolies are subject to governmental action to prevent collusion in suppressing competition. But what happens when the duopoly IS the government? You guessed it, competition is squelched with little meaningful recourse. Indeed, myriad legal challenges and attempts to launch significant third-party and independent candidacies continue to fail. The duopoly is winning.

Malcom Gladwell’s David and Goliath: Underdogs, Misfits, and the Art of Battling Giants suggests that defeating giants requires underdogs to “flip the script”. If we can’t fix our actual government, those of us who feel exiled from government may want to consider a Government in Exile. Such an entity would obviously have no direct power to actually affect policy. But it would allow independent voters to engage in a more gratifying political process, one that embraces decision-making though a spirit of negotiation and compromise that we believe is necessary for successful governing. Who knows. A working Government in Exile might even provoke meaningful changes in how we actually govern.

The following is a draft blueprint for how an Independent Government in Exile might function in my home state of Texas. The document lays out a possible process for independent voter participation in public policy deliberations that parallels (but does not precisely follow) that used by the State of Texas. Anyone interested?

Constitution of the Texas Independent Government in Exile

Preamble

We independent voters whose political views have been exiled from Texas government, in order to engage in a harmonious process for deliberating recommendations for changes in public policy, do ordain and establish this Constitution for the Texas Independent Government in Exile (TX iGiE).

Article I

Participation in the TX iGiE shall be limited to persons registered to vote in the State of Texas, who affirm their status as independent voters, and who have not participated in the most recent primary election for either major political party. Only participants who have registered with the TX iGiE shall be eligible to vote and otherwise participate in TX iGiE elections.

Article II

Section 1

The deliberative bodies of the TX iGiE shall consist of a Senate and House of Representatives in Exile. Membership in these bodies shall be limited to those registered to participate in the TX iGiE who are registered to vote in their represented district.

Section 2

The House of Representatives in Exile shall be composed of one member from each of the State of Texas’s 150 House districts. The House of Representatives in Exile shall choose a Speaker in Exile from among their membership to preside over proceedings.

Section 3

The Senate in Exile shall be composed of one member from each of the State of Texas’s 31 Senate districts. The Lieutenant Governor in Exile shall preside over proceedings.

Section 4

In the initial TX iGiE election, all deliberative body positions are eligible to be filled. In subsequent elections, members elected to the TX iGiE deliberative bodies shall mirror those elected to the legislature of the State of Texas and shall serve terms dictated by the State of Texas constitution.

Section 5

Each deliberative body shall develop rules for governing their proceedings. The TX iGiE Secretary of State in Exile shall provide on a website or comparable public venue a copy of each deliberative body’s rules and a record of all votes.

Section 6

Vacancies that occur in deliberative body membership may only be filled through subsequent general elections. Governing body rules shall anticipate the possibility of membership vacancies.

Section 7

Four types of bills may be approved by the deliberative bodies.

• Changes in Deliberative Body Rules. Deliberative Body Rules changes need only be approved by the respective body.
• Changes in Executive Committee Rules. Changes in Executive Committee Rules shall only become effective when identical bills are approved by both deliberative bodies.
• Amendments to the TX iGiE Constitution. Constitutional amendment bills shall only be put to a popular vote by TX iGiE participants when identical bills are approved by both deliberative bodies.
• Public Policy Position Statements. Public Policy Position Statements shall only become effective when identical bills are approved by both deliberative bodies.

Section 8

Deliberative body sessions shall begin concurrent with the start of State of Texas legislative sessions (second Tuesday in January of odd-numbered years). Deliberative body sessions shall adjourn on a date agreed to by both bodies, but no later than the beginning of the State of Texas candidate filing period in the same year (thirty days prior to the second Monday in December).

Deliberative body rules shall ensure that the Lieutenant Governor in Exile and the Speaker of the House in Exile coordinate their sessions so that bills from both deliberative bodies are adequately considered.

Sessions shall be held through electronic communication — some combination of video and audio devices. The TX iGiE Executive Committee shall provide the necessary software for conducting meetings and recording votes. All sessions shall be recorded and available for public viewing.

Article III

Section 1

The TX iGiE Executive Committee shall consist of the following elected positions, serving two-year terms. Executive Committee members must be registered to participate in the TX iGiE.

• Governor in Exile shall serve as chair of the executive committee and shall exercise powers granted by the TX iGiE Constitution and Executive Committee Rules.
• Lieutenant Governor in Exile shall serve as Governor in Exile in the absence of the Governor in Exile and shall perform other duties as the Governor in Exile prescribes. Lieutenant Governor in Exile shall also serve as presiding officer of the Senate in Exile.
• Secretary of State in Exile shall be responsible for maintaining and publishing all records of the TX iGiE and overseeing elections in accordance with this constitution and other TX iGiE Rules.
• Attorney General in Exile shall assist the Secretary of State in overseeing elections and be responsible for monitoring other activities of the TX iGiE to ensure adherence to this constitution and TX iGiE rules.
• Comptroller in Exile shall be responsible for TX iGiE finances.

Section 2

Vacancies on the Executive Committee shall be appointed by the Governor in Exile subject to confirmation by at least 2/3 of the sitting members of the Senate in Exile.

The Executive Committee may appoint additional volunteer positions as necessary to carry out the activities of the TX iGiE.

Section 3

A Founding Committee of the TX iGiE shall select the founding Governor in Exile, who shall appoint the other four members of the founding Executive Committee. The founding Executive Committee shall serve until the first TX iGiE election.

Article IV

Section 1

Elections shall commence no earlier than the day following the State of Texas’s general election (first Tuesday after the first Monday in November in even-numbered years). Elections shall terminate no later than 30 days following Texas’s general election. Voting shall be restricted to registered participants in the TX iGiE. The Secretary of State in Exile shall certify all eligible voters prior to elections.

Section 2

All elections shall be conducted using Ranked Choice Voting that includes a None-of-the-Above option. Should None-of-the-Above receive the winning vote total for any position, that position shall remain vacant. Executive Committee vacancies shall be filled by appointment of the Governor in Exile, subject to confirmation by the Senate in Exile. The Executive Committee shall establish additional rules necessary to administer elections.

Section 3

Candidates seeking election to the TX iGiE must be registered participants who have not filed for candidacy in either major party primary election that year. Candidates shall file an Application for a Place on the TX iGiE General Election Ballot as developed by the Executive Committee and approved by majority vote of both deliberative bodies. Applications must be sent by electronic means or posted to the US mail no earlier than the date of major party primary elections (first Tuesday in March of even-number years) and no later than September 1 preceding the general election.

Article V

Propositions seeking to amend this constitution must be approved by at least a 2/3 majority vote of sitting members of both deliberative bodies. Propositions shall only be adopted as amendments if approved by at least a 2/3 majority of votes in the subsequent general election.

Article VI

The TX iGiE shall not endorse or otherwise support candidates for public office, nor in any other way function as a political party.