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Ron Faucheux: With toxic politics on the rise, Louisiana should make judicial election nonpartisan | Opinion

American politics has changed. Conventional partisanship, where parties can vigorously compete but still work together, is over. We now have homicidal partisanship, where each side is out to destroy the other, even if it means putting party above country.

Homicidal partisanship is about destruction, not getting things done or solving problems. It’s about moving from common ground to the killing fields of perpetual conflict. No longer is winning elections enough; extinguishing the opposition, smearing its motives and impairing the ability to govern have become the hallmarks of today’s politics.

Earnest pundits always ruminate that the jolting events of history, such as the 9/11 attacks and the coronavirus pandemic, will lead to a new era of partisan cooperation. But following brief kumbaya moments, partisan wars have resumed after these events with more ferocity than ever. The only respites have been short periods of exhaustion, when the combatants regrouped.Β 

America’s parties, intertwined with cash-filled advocacy groups, are organizationally structured for constant conflict, pushing out endless press releases, videos, tweets, insults, memes and over-the-top fundraising appeals that widen the divide and blur the truth. No wonder so many elections and legislative battles end up tearing the country apart.

The irony is that the current situation is lose-lose. It hurts both parties and makes it difficult for Republicans and Democrats to act on principles they sincerely hold.

America’s lament, to be sure, is not about partisan disagreement β€” which is essential to the functioning of democracy. The nation’s lament is about the kind of partisan warfare that we have now, the kind that threatens the existence of democracy itself.

There are troubling signs that Louisiana is moving toward the deeply divisive partisanship that Washington has harvested. What can be done to slow this trend?

The Legislature should do its part, not just by its daily behavior β€” which is important, of course β€”Β but by reviewing the law books for practices that lead to the politicization of legal institutions.

Legislators should take a look at House Bill 206, proposed by State Rep. Kyle Green, D-Marrero. It would make one change in the law: Take party labels off the ballot in judgeship elections. Green says his bill would help β€œshield the judiciary from politics” and β€œencourage the public to research judicial candidates’ qualifications.”

The bill, which has been referred to the Committee on House and Governmental Affairs, simply says that β€œthe political party designation of a candidate for any judicial office shall not be listed on the primary or general election ballot.” Short and sweet.

When you think about it, why should judges be elected in partisan elections? Why should objective arbiters of a fair and efficient legal system take sides in partisan politics when they put their names on the ballot?

HB 206 does not prevent judicial candidates from being members of a political party, nor does it prohibit Democrats and Republicans from voting in judicial elections. It simply says that party labels won’t be on the ballot next to the names of candidates for judge. In effect, it asks voters to consider candidates on their merits and not rely on partisan affiliations.

Louisiana is one of only nine states that has partisan judicial elections. Other states either have nonpartisan elections or appointed judges.

There is a strong argument to be made that other administrative and ministerial offices, in addition to judgeships, should be filled in nonpartisan elections. Perhaps attorneys general, secretaries of state, district attorneys and clerks of court? While House Bill 206 doesn’t go that far, it does provide a good way to introduce the concept of nonpartisan elections in Louisiana for certain offices.

Let’s be honest: Removing party designations in judicial elections is not a magic cure for everything that ails our political system. It’s only a small step, but a step in the right direction.

Arguments against this reform are few, and most are rooted in yesteryear’s quaint notion of partisanship β€” not today’s homicidal state of play.

Ron Faucheux is a nonpartisan political analyst based in New Orleans. He publishes LunchtimePolitics.com, a nationwide newsletter on polls and public opinion.



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