## Scott Walker and the noncommutativity of Wisconsin statute, part II

Hey so remember last month, when the Walker administration didn’t want to fill two empty legislative seats, so they decided to treat the state law forbidding this as if it said something else?

Here, I’ll recap.  The law, statute 8.50 (4) (d), says:

Any vacancy in the office of state senator or representative to the assembly occurring before the 2nd Tuesday in May in the year in which a regular election is held to fill that seat shall be filled as promptly as possible by special election.

The state has decided to pretend the law says, instead:

Any vacancy in the office of state senator or representative to the assembly occurring in the year in which a regular election is held to fill that seat, before the 2nd Tuesday in May shall be filled as promptly as possible by special election.

In other words, the state’s claim is that a special election is required only if the vacancy occurs between January 1 and the 2nd Tuesday of May in an election year.  Whereas what the actual law says is that an election is to be called if there’s a vacancy any time before that 2nd Tuesday in May, i.e. as long as there’s enough time to call an election and have the new officeholder participate meaningfully in legislating.

Six voters in the affected districts have sued the governor.  There’s a hearing in the Dane County Circuit Court this week, on March 22.

The state has issued its response to the petition.

I’ve read the response.  It upset me.  It really upset me!  Not because I even care that much about whether we hold these elections!  But because the people whose job it is to uphold our state’s laws don’t care what those laws are.

The state’s leading argument is “mootness,” which goes like this: “we’ve now delayed this long enough that voters would not longer get any meaningful benefit from the state fulfilling the law’s requirements, so the claim that we have to fulfill the law’s requirements doesn’t stand.”

That might work!

Then it gets really interesting.  Here’s a passage from the response:

Under Wis. Stat. §8.50(4)(d), the Governor has a positive and plain duty to call a special election only when a vacancy occurs in the year of a general election from January 1 until the 2nd Tuesday in May.  Because the vacancies here did not occur in that year, Governor Walker has no positive and plain duties to call special elections.

See what they did?  They switched it!  They switched the order of the clauses in the statute to make it say what it does not, in fact, say!  Not satisfied with that, they added the language about January 1, which isn’t present in the law!

Won’t the judge ask them about this?  Won’t the judge want to know what possessed the state to “paraphrase” a law by moving words around and adding language, instead of quoting the language of the statute itself?

The response then goes on to explain why their interpretation of the law “makes sense.”  What they in fact do is explain why it makes sense that a special election isn’t required for vacancies taking place after May of the election year (the point on which their claim agrees with the law).  They are silent on why it makes sense that a special election isn’t required before January 1 of the election year.  Because that doesn’t make sense.

Maybe the screwiest part of all of this is that the statute in question uses language that appears again and again in Wisconsin code.  Look, here’s how 59.10(3)(e) authorizes special elections for vacancies on county boards:

The board may, if a vacancy occurs before June 1 in the year preceding expiration of the term of office, order a special election to fill the vacancy.

According to the state’s account, this means that special elections are authorized only if the vacancy occurs in the year preceding the election year.

If that’s the case, nobody told Sauk County, where a special election was ordered in August 2016 to fill a vacant seat on the county board.  It’s hard to doubt there are many such examples — all unauthorized by state law, according to the Walker administration’s current claim.

How could Brad Schimel have put his name to this?

(Update:  here’s the plaintiffs’ response to the state’s response.)

Tagged , , ,

## Bike/ski weekend

Last week, for the first time in my life, I bought a new bike.  For the last twelve years I’ve been riding a Trek hybrid I bought used when I moved here.  Before that, from about 1992 through 2005, I was on my mom’s 1967 Schwinn Breeze, which looked exactly like this one.

Anyway:  I got a new bike.  I got CJ one too.  Then AB was upset but she doesn’t get a new bike because she is growing very very fast and probably won’t be able to sit on the next bike she gets for more than a couple of years.  So we went to Dreambikes and got her a new used bike, knobby tires, shocks on the front fork, very cool.  The three of us took a spin around Wingra yesterday, about 7 miles, which is AB’s record for a non-stop ride.

Today was the last day of the season at Cascade Mountain, and my kids for the first time in many months and no activities scheduled, and the high for today was 55 degrees, and who doesn’t like to ski in shirtsleeves?  So off we went.  We were worried it would be packed.  But it was empty.  I guess everyone else in Wisconsin was using the first warm day of pre-spring to do outdoor activities not involving ice and snow.  But those who were there were festive.  There were a lot of guys in flannel shirts open with bare chest underneath; is that a look?  Several people in tutus.  A guy who played the guitar while skiing down the mountain.  A skiing Pikachu.

By mid-afternoon it was like skiing on a snowcone.  Huge puddles in the lift line.  But we had a great time.  If I were particular about the quality of my skiiing I wouldn’t be skiing in Wisconsin, would I?

Tagged , ,

## Scott Walker and the Let’s Eat Grandma theory of legislative interpretation

How do you know when to call a special election for an empty legislative seat in Wisconsin?  It’s right there in the statutes, 8.50 (4) (d):

Any vacancy in the office of state senator or representative to the assembly occurring before the 2nd Tuesday in May in the year in which a regular election is held to fill that seat shall be filled as promptly as possible by special election. However, any vacancy in the office of state senator or representative to the assembly occurring after the close of the last regular floorperiod of the legislature held during his or her term shall be filled only if a special session or extraordinary floorperiod of the legislature is called or a veto review period is scheduled during the remainder of the term. The special election to fill the vacancy shall be ordered, if possible, so the new member may participate in the special session or floorperiod.

Pretty clear, right?  If a Senate or Assembly seat comes open before May of election year,  the governor has to call a special election, unless the last legislative session has already taken place and no extra legislative business is scheduled before November.  You hold an election unless the duration of the vacancy would be so short as to make the election essentially meaningless.

There are two seats in the Capitol open as we speak, the Senate seat formerly held by Frank Lasee and the Assembly seat once occupied Keith Ripp; both of them left to take jobs in the Walker administration in January.  But the governor has asserted that no special election will be held, and residents of those districts will go unrepresented in the legislature for almost a full year.

What’s Walker’s excuse for ignoring the law?  Are you sitting down?  The state’s claim is that the phrase “in the year” does not refer to “May,” but rather “any vacancy.”  So a vacancy arising in March 2018 is required by law to be filled “as promptly as possible” by state law, despite the severely limited amount of lawmaking the new representative would be have a chance to undertake; but if an assembly rep drops dead on the second day of the legislative term, the governor can leave the seat empty for two whole years if he wants.

I kid you not! That is the claim!

Do you think that’s really what the law says?

As this long, well-researched WisContext article makes clear, Walker’s “interpretation” of the law is, well, a novelty.  For fifty years, Wisconsin has been filling legislative vacancies promptly by special elections.  Most of these elections, according to Scott Walker, were optional, some kind of gubernatorial whim.  And it’s definitely not the case that the governor is leaving the seats empty because he’s spooked by the current lust-to-vote of Wisconsin’s Democratic electorate, which has already cost Republicans a long-held seat in Senate District 10.

The Walker administration would like us to read the law as if the phrases came in the opposite order:

Any vacancy in the office of state senator or representative to the assembly occurring in the year in which a regular election is held to fill that seat, before the 2nd Tuesday in May

But English is non-commutative; that sentence says one thing, and 8.50 (4)(d) says a different thing.

Even an extra comma would make Walker’s interpretation reasonable:

Any vacancy in the office of state senator or representative to the assembly occurring before the 2nd Tuesday in May, in the year in which a regular election is held to fill that seat

Commas change meaning.  As the old T-shirt says:  let’s eat grandma!

I suppose we should count ourselves lucky.  Given the syntactic latitude Walker has granted himself, where a prepositional phrase can wander freely throughout a sentence modifying whatever catches its fancy, he might have claimed a special selection is required only if a legislative vacancy occurs in May of an election year!  That would make just as much sense as the interpretation Walker’s claiming now.  Which is to say:  none.

What’s the remedy here?  I’m not sure there is one.  Someone in one of the affected districts could sue the state, but I don’t think there’s any prospect a lawsuit would conclude in time to make any difference.  I can’t see a court ordering an emergency halt to a legislative session on the grounds that two seats were illegally unfilled.

So there’s not much to stop the governor from breaking state law in this way.  Except natural human embarrassment.  A government that has lost the capacity to be embarrassed can be very difficult to constrain.

Update, Feb 26:  Looks like I was wrong to say nobody was going to do anything about this!  A group of voters in the affected districts, represented by the National Democratic Redistricting Committee, sued Governor Walker today.  Good for them.

Tagged , , , ,

## David English Revisited

I never realized that David English of Somerville MA, besides being a prolific writer of letters to the editor, was a weirdo artist of the 1950s!

## Not even the most poorly paid shipping clerk

One more from Why Men Fail:

Not even the most poorly paid shipping clerk would dream of trying to make his own shirts, and confidential investigation would probably reveal that mighty few darn their own socks.  Yet the cities are full of women on march larger salaries who not only make their own clothes, but cook their own meals and do their own laundry.

So in 1927, it was more unusual to cook for yourself than it was to make your own clothes?  When did that flip?

## I’m tryin’, I’m tryin’, I’m tryin’, I’m tryin’

“I’m tryin, I’m tryin’, I’m tryin’, I’m tryin'”

reappears, 25 years after Slanted and Enchanted, in Selena Gomez’s “Bad Liar””:

Both songs are lopey and talky.  Stephen Malkmus is talking over the Fall’s “A New Face in Hell.”   Gomez is talking over “Psycho Killer.” Gomez, unlike Malkmus, tells you what she’s trying to do, or trying to not do.  I don’t think this blunts the basic ambiguity of the line — I’m trying to do something, but also, yeah, I’m a little trying, aren’t I?

Bonus track:  Julian Cope, “Try Try Try.”  Your famous victory will be no victory!

Tagged , ,

## Hall of Fame ballots: some quick and dirty clustering

Since all the public Hall of Fame ballots are now available online in machine-readable form, thanks to Ryan Thibodeaux, I thought I’d mess around with the built-in clustering functions in sklearn and see what I could see.

The natural metric on ballots is Hamming distance, I guess.   I first tried the AgglomerativeClustering package.  I didn’t tell it what metric to use on the ballots, but I’m assuming it’s using Hamming distance, aka Euclidean in this case.  I asked AgglomerativeClustering to break the Hall of Fame voters into 2 clusters.  Guess what I found?  There’s a cluster of 159 voters who almost entirely voted for Barry Bonds and Roger Clemens, and a cluster of 83 who universally didn’t.  You won’t be surprised to hear that those who voted for Bonds and Clemens were also a lot more likely to vote for Manny Ramirez, Sammy Sosa, and Curt Schilling than the other cluster.

Which candidate was most notably unpopular among the Bonds-forgivers?  That would be Omar Vizquel.  He was on 53% of the steroid-rejector ballots!  Only 24% of the Bonds cluster thought Omar deserved Cooperstown.

Then I tried asking AgglomerativeClustering for four clusters.  The 83 anti-steroids folks all stayed together.  But the bigger group now split into Cluster 1 (61 ballots), Cluster 2 (46), and Cluster 3 (52).  Cluster 1 is the Joe Posnanski cluster.  Cluster 2 is the Nick Cafardo cluster.  Cluster 3 is the Tim Kurkjian cluster.

What differentiates these?  Cluster 1 is basically “people who voted for Larry Walker.”  The difference between Cluster 2 and Cluster 3 is more complicated.  The Cluster 2 ballots were much more likely to have:

Manny Ramirez, Sammy Sosa

and much less likely to have

Mike Mussina, Edgar Martinez, Curt Schilling

I’m not sure how to read this!  My best guess is that there’s no animus towards pitchers and DHs here; if you’re voting for Bonds and Clemens and Sosa and Ramirez and the guys who basically everybody voted for, you just don’t have that many votes left.  So I’d call Cluster 2 the “2000s-slugger loving cluster” and Cluster 3 everybody else.

Maybe I should say how you actually do this?  OK, first of all you munge the spreadsheet until you have a 0-1 matrix X where the rows are voters and the columns are baseball players.  Then your code looks like:

import sklearn

model = AgglomerativeClustering(n_clusters=4)

modplay.labels_

which outputs

array([1, 0, 3, 1, 1, 1, 0, 0, 0, 0, 2, 1, 2, 1, 3, 0, 0, 0, 2, 1, 0, 3, 2,
1, 2, 1, 1, 3, 1, 3, 3, 0, 2, 2, 0, 1, 1, 1, 0, 2, 0, 0, 1, 2, 1, 3,
2, 2, 1, 3, 0, 2, 0, 3, 1, 0, 0, 2, 0, 2, 1, 2, 1, 0, 0, 0, 1, 0, 2,
0, 1, 1, 2, 0, 1, 3, 0, 0, 2, 0, 0, 0, 0, 0, 1, 1, 0, 0, 2, 0, 1, 0,
0, 0, 3, 1, 1, 0, 1, 0, 3, 1, 3, 3, 2, 0, 2, 1, 0, 2, 2, 3, 2, 3, 1,
3, 0, 3, 1, 0, 2, 1, 0, 0, 0, 1, 3, 1, 1, 3, 2, 3, 3, 2, 2, 0, 3, 3,
1, 0, 0, 2, 2, 3, 1, 3, 1, 2, 0, 1, 3, 1, 0, 0, 2, 3, 0, 2, 1, 0, 2,
1, 3, 3, 0, 1, 3, 1, 1, 0, 0, 2, 0, 1, 2, 0, 2, 1, 0, 0, 3, 3, 1, 1,
2, 3, 2, 0, 2, 0, 0, 1, 2, 1, 0, 3, 1, 3, 0, 3, 3, 3, 0, 3, 3, 3, 0,
2, 0, 3, 3, 0, 1, 0, 1, 2, 3, 2, 2, 0, 0, 0, 1, 3, 3, 1, 0, 0, 1, 3,
0, 2, 3, 1, 0, 0, 0, 0, 0, 3, 3, 3])

i.e. a partition of the voters into four groups.

(Agglomerative clustering naturally generates a hierarchical clustering, i.e. a tree with the HoF voters on the leaves; there must be some way to get sklearn to output this directly, but I don’t know it!

Of course, if you have a 0-1 matrix, you don’t have to cluster the rows — you can cluster the columns! This time, just for kicks, I used the hierarchical clustering package in scipy.  I think this one is just agglomerating too.  But it has a nice output package!  Here, Y is the transpose of X above, a 0-1 matrix telling us which players were on which ballots.  Then:

>> import scipy
>>> Dend = scipy.cluster.hierarchy.dendrogram(Z,labels=(a list of player names))
>>> plt.xticks(ha=’right’)
>>> plt.show()

gives

Not bad! You can see that Bonds and Clemens form their own little cluster in red.  There is not that much structure here — maybe worth noting that this method may be dominated by the variable “number of votes received.”  Still, the two stories we’ve told here do seem to have some coarse features in common:  Bonds/Clemens are a cluster, and Larry Walker voting is kind of its own variable independent of the rest of the ballot.

OK, this picture was nice so I couldn’t resist doing one for the voters:

Pretty hard to read!  I think that black cluster on the end is probably the no-Bonds-no-Clemens gang.  But what I want you to notice is that there’s one outlying node all the way over to the left, which the clustering algorithm identifies as the weirdest ballot made public.  It’s Sadiel LeBron, who voted for Clemens, Sosa, and Ramirez, but not Bonds.  And also he voted for Andruw Jones and Omar Vizquel!  Yeah, that’s a weird ballot.

I’m sure this isn’t the right way to visualize a 0-1 matrix.  Here’s what I’d do if I felt like spending a little more time:  write something up to look for a positive definite rank-2 matrix A such that

$A_{ij} > A_{ik}$

whenever voter i voted for player j but not player k.  That models the idea of each player being a point in R^2 and each voter being a point in R^2 and then voters vote for every player whose dot product with them is large enough.  My intuition is that this would be a better way of plotting ballots in a plane than just doing PCA on the 0-1 matrix.  But maybe it would come out roughly the same, who knows?

Presumably there are known best practices for clustering subsets of a fixed set (or, more generally, finding good embeddings into visualizable metric spaces like the plane.)  Tell me about them!

## Ursula K. LeGuin is dead

She was one of the people who taught me what good writing was.  I read mostly SF as a kid.  Nothing against SF.  But a lot of it is … terrible.  We know this.  When I read LeGuin I suddenly saw what English could do when a writer actually cared about the words on the page, where they sat, how they sounded.  I couldn’t believe it.  Her sentences were more exciting than most people’s space battles.

But the one I read down to shreds was her anthology The Compass Rose.  Especially “The New Atlantis.”  And hey look, the full text is online!

When I was in high school I thought I wanted to be a writer but probably really I just wanted to be the writer of this story.  I wrote a dozen crappy versions of it, each of which I thought of as original.  Looking at it now, I can hardly find a paragraph I didn’t rip off at some point.  I mean, just:

There was an electrified fence all around the forest to keep out unauthorized persons. The forest ranger talked about mountain jays, “bold little robbers,” he said, “who will come and snatch the sandwich from your very hand,” but I didn’t see any. Perhaps because that was the weekly Watch Those Surplus Calories! Day for all the women, and so we didn’t have any sandwiches. If I’d seen a mountain jay, I might have snatched the sandwich from his very hand, who knows.

It’s a small thing, I know, but this is how I learned an effect I don’t even have a name for.  Repeating a phrase but the phrase is delivered in two different voices.  It can be comic or it can be spooky, or, as here, it can be both.  I ripped it off from Ursula LeGuin as I ripped off so much else.  RIP.

Tagged , ,

## Linger

Dolores O’Riordan, singer in the Cranberries, died today.  In the fall of 1993 I was living in an apartment by myself for the first time, the Baltimorean on N. Charles Street.  I was devoting myself full-time to being a writer and kind of hating it.  I didn’t know anyone in Baltimore and the people in my program were mostly older than me and socially inaccessible and I was lonely.   The apartment was always too hot.  I ate spaghetti with jar sauce for dinner by myself and listened to “Linger.”  It’s still the sound of loneliness to me, after all these years.

Tagged , ,

## Farblandia

The job fell to me of giving an overview talk about Benson Farb’s entire career at his birthday conference last fall.  Hard task!  I didn’t cover nearly everything but I think I gave a decent impression of what Farbisme is all about.

Update:  For WordPressreasons, you can’t watch the video within this page, but if you click through to Vimeo you can watch it!

Tagged ,