Below is a copy of the e-mail I sent to committee member Stephen Snyder about some concerns I have about whether the procedure for creating the district will respect democratic principles, specifically minority rights. The committee is drawing up boundaries for the district, and one proposal would encompass the areas immediately surrounding Lakes Herman, Madison, and Brant. My basic concern is that the large Lake Madison population could annex smaller Lakes Brant and Herman even if everyone on Brant and Herman were to vote against joining such a district. In general Lake Herman voters are in a lower income bracket than Lake Madison voters and might not be able to afford tax increases that Lake Madison voters could easily bear.
The e-mail below has circulated among the committee members and generated some good discussion. Among the comments flying about by e-mail, the indomitable Jan Nicolay, who has turned her political skills to making life better at Brant Lake, has noted that while her lake, too, must fear being outvoted by Lake Madison's energetic and burgeoning population, "if we look at the goals of the district, [Lake Madison's dominance] shouldn't be a concern."
We love water quality -- Lake Herman afforded this writer a refreshing dip just last week, before global warming lost steam -- but we also love fair representation and self-determination. We hope the IWQC can come up with a plan that promotes water quality while respecting democratic principles and minority rights.
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CAH to SS, e-mail, 2007.09.05:
Dear Stephen,
I've looked at the information you and Charlie have provided me about the possible formation of a water projects district that would include Lakes Herman, Madison, and Brant. The goals are good, but I have a perhaps niggling political question about representation in the voting procedure.
To bring the creation of a water project district to a vote, we would need to get signatures from 25% of the registered voters within the designated territory. Then, if DENR approved the petition, we would need to get 60% of the voters voting in the special election to create the district.
I don't have the population figures handy, but it occurs to me a somewhat undemocratic situation could arise. Suppose the proposed district includes the four lakes. We can likely agree that the general population of Lakes Madison and Brant is not just much bigger but also more politically active on water quality issues than the general population of Lake Herman. We could probably get all the signatures necessary for a petition from Lake Madison alone. If the issue is brought to a public vote, Lake Herman voters would likely be outnumbered by voters from Lake Madison and Brant. I'd want to check the numbers on this, but it seems quite possible that even if every eligible voter on Lake Herman voted no, yes voters on Lake Madison and Brant could still muster the 60% necessary to create the district.
Example: Suppose an election takes place, and the vote goes as follows:
Lake
Yes
Yes %
No
No %
Total
Herman
20
20%
80
80%
100
Madison
350
70%
150
30%
500
Brant
140
70%
60
30%
200
Total
510
63.75%
290
36.25%
800
The population of Lake Herman could be overwhelmingly against joining a water project district yet be drawn into it against its will by Lake Madison and Brant. Even for good ideas, I'm a little concerned about one distinct group being able to impose its will on a separate group. Lake Herman could be subjected to taxation and policy decisions without much chance to impact the overall vote on such issues (same reason the small states pushed for a Senate in 1787 at the Constitutional Convention).
No, I'm not asking the water project district, if created, to form a bicameral governing body (not yet, at least). And I have no idea what the general response of Lake Herman residents will be to the proposed formation of a water project district.
I am wondering, though: might there be a way to allow each lake to vote separately on its desire to be part of a water project district? Since each lake is a geographically (and, to some extent, demographically) different unit, let each lake hold its own vote. To be a part of the district, the population of each separate area would have to give 60% approval. Any region that fails to reach that threshold does not join. If the vote went as in the above example, Lake Madison and Brant Lake could still form a water project district; Lake Herman, however, would not be forced to join.
I don't know if statute gives us the freedom to set up a vote like that; however, it seems a fair way to do things. I hope the IWQC will consider incorporating such a voting method if this matter comes to a public vote. Thanks for your consideration!
I'd be curious to know two things.
ReplyDelete1. How much of a tax would they be able to impose and how much would they be looking at raising. As the most recently completed water project proved it takes a lot of money to do water quality projects and it takes a lot of time to see results.
2. how many people on lake Madison are registered voters in Lake County. There's a trend that Lake Madison homes are also second homes -- therefore there's a percentage that wouldn't be able to vote in this election.
Both good questions! Perhaps some IWQC members can provide us with some answers.
ReplyDeleteQuestion 1: SDCL 46A-18 authorizes and governs water project districts. SDCL 46A-18-32 gives water project districts the power "(4) To levy taxes not to exceed one dollar per thousand dollars of taxable valuation on each dollar of taxable property in the district" and "(5) To levy special assessments, as limited by this chapter and in proportion to the benefits to be received, on taxable property that benefits by a water project or other program."
Question 2: Interesting question -- just how many taxpayers on Lake Madison (and all the other lakes) would be able to vote in a special election? Well, that's another price you pay for owning a second home, I guess.