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October 2009
Corker's Senate Investment Breaking Even?
Sen. Bob Corker, who used about $3 million in self-financing during his 2006 campaign, is now apparently back to about even in his overall campaign accounts, according to figures collected by The Tennessean.
Corker has two campaign accounts, one left over from his 2006 campaign, which still owes the senator about $500,000 from his loans to the campaign three years ago. The other is his 2012 re-election campaign, which is $527,681 in the black after third-quarter contributions.
The two funds combined raised $412,716 in the quarter (about $110,000 going into the '06 account and thus available to repay the personal loan to the campaign).
As the Tennessean notes, football star Peyton Manning gave $1,000 to Corker -- for the reelect campaign.
Republicans Boot an Extremist? Yes, If It Gets Personal
The Davidson County Republican Party's ouster of its vice chairman, a topic of considerable discussion in the Nashville political junkie community (with A.C. Kleinheider in the vanguard, as usual) has attracted the attention in faraway Chattanooga.
Heck, the New York Times may notice soon that it's an example of the internal war between the Republican party's right wing and its mainstream. (Mainstream wins in Davidson, one of those odd Tennessee enclaves where Republicans are still an overall minority.)
Vice Chairman Matt Collins is a libertarian type. As the Times Free Press notes, the Davidson County GOP hierarchy voted 15-5 to give Collins the boot for "conduct unfit for a member of this body."
Apparently that includes Collins using a website to denounce Republican gubernatorial candidate Zach Wamp as "ZigZag Zach" and U.S. Sen. Bob Corker as "Bail-out Bob" and trash Republican gubernatorial candidate Bill Haslam without use of a nickname. ("Halfway Haslam?")
In Collins' view, apparently all those guys are too dang liberal to use the word Republican in front of their name. Apparently further, the majority of Republicans in a county where Republicans remain a minority have decided that such a position is just not appropriate. Remember the old GOP 11th commandment enunciated by Ronald Regan: Thou Shalt Speak No Ill of a Fellow Republican.
Just as a suspicion, Republican activists statewide would agree by about a 2-to-1 vote. At least if Corker, Haslam and Wamp had anything to say about it.
Tennessee Ties to That Big Race Up In New York
Country music star John Rich will be in New York on Monday to promote the candidacy of conservative congressional candidate Doug Hoffman, as he announced in on the Tennessee-based Steve Gill radio show.
Former U.S Sen. Fred Thompson, formerly of Tennessee and now a talk radio show host, has done a campaign commercial for Hoffman - and that was before the Republican nominee quit the race and the Republican National Committee endorsed him, apparently out of concern the Democrat could otherwise win a solid Republican seat. For a written New York report on Fabulous Fred's commercial, click HERE.
(Politics Daily had one good overview of the New York District 23 contest - just use your search engine for a ton of others in this nationally Really Important Race. Shoot, it's almost as big as the House District 62 special election down here in Tennessee, which went unnoticed by Rich and Thompson.)
Campaign Tricking and Treating
Democratic gubernatorial candidates Jim Kyle and Kim McMillan have both produced promotional letters on a Halloween theme, sending them out by email on Friday.
From Kyle:
It's spooky that Tennessee has one of the highest unemployment rates in the nation and that our average per capita income ranks in the lower third of our country.
It's frightful that people struggle so hard every month to pay their bills and provide for their families.
It would be monstrously irresponsible of us to deny all Tennesseans a quality higher education. Education is the reason Tennesseans are paid less and have fewer job opportunities.
But Tennesseans need not be scared any longer. I am running for Governor to bring more jobs to our state and provide people the training and education they need to do those jobs. That means making sure Tennesseans have access to higher education so that they are able to meet the demands of the changing global economy.
Here's how you can help me out:
1. Find me on Facebook!
2. Suggest me to your friends by clicking Suggest to Friends under my picture on Facebook.
3. Follow @JimKyle on Twitter & send out a tweet encouraging others to follow me!
Thanks for your support
From McMillan:
Last weekend Kim's staff visited the haunted Bell Witch Cave in Adams, TN. While we can all enjoy a good-natured scare on Halloween, the prospect of a Republican occupying the Governor's mansion in Tennessee is enough to keep hard-working Tennesseans up at night.
Kim's favoriate picture of her kids, Katie and Ryan, dressed up for halloween
We've seen what happens when Republicans control the General Assembly: they bicker and fight over whether people should be able to carry guns into bars and playgrounds.
They DON'T focus on issues that really matter to Tennesseans.
We're fortunate to have an ally in Kim McMillan. Kim will bring jobs to Tennessee, strengthen our schools, expand access to affordable health care and invest in our state's infrastructure. Her goal is to keep Tennessee the best place to live, work, and raise a family.
Kim's goals are OUR goals.
We hope you'll decide to stand with Kim today and show the Republicans in Nashville they can't scare us! Please make a safe and secure online donation of $100, $50, $20, $10 or whatever you can afford today.
Click here to stand with Kim and contribute to her campaign!
We need to stand together to make sure the Republicans don't spend another legislative session bickering. There is too much at stake. Please Stand with Kim and donate to her campaign today.
Click here to stand with Kim and contribute to her campaign!
Kim McMillan's Campaign Team
Devaney Says TN Democrats 'Lap Dogs for Liberal Speaker'
Going by a news release today, state Republican Chairman Chris Devaney, who has been somewhat less caustic than predecessor Robin Smith in denouncing of Democrats, may be trying to catch up. But it might just be a talking point sent down from the RNC,
Here's the handout:
Tennessee Republican Party Chairman Chris Devaney issued a statement today after House Speaker Nancy Pelosi (D-CA) introduced health care legislation to be voted on next week that includes a so-called "public option."
"The introduction of this 2,000 page legislation is a perfect example of President Obama and Speaker Pelosi turning their backs on the majority of Americans that continue to say 'NO' to a government takeover of health care," said Devaney. "Not only are Democrats opening the door to government-run health care, but they're paying for it by cutting Medicare benefits for seniors, raising taxes and forcing states to pick up the tab for a massive expansion of Medicaid. The question is whether Tennessee Democrats are going to fall in line behind the Speaker and vote in favor of this irresponsible legislation."
According to a vote database provided by the Washington Post, Tennessee Democrats have consistently voted with Speaker Pelosi and her liberal allies during this Congress. According to the Post's database, during the 111th Congress:
Rep. Steve Cohen (TN-9) has voted with the majority of his Democrat colleagues 98.4 percent of the time;
Rep. Jim Cooper (TN-5) has voted with the majority of his Democrat colleagues 88.1 percent of the time;
Rep. Lincoln Davis (TN-4) has voted with the majority of his Democrat colleagues 94.8 percent of the time;
Rep. Bart Gordon (TN-6) has voted with the majority of his Democrat colleagues 96.7 percent of the time; and
Rep. John Tanner (TN-8) has voted with the majority of his Democrat colleagues 94.4 percent of the time.
"What is most disturbing about these numbers is that it proves the Tennessee Democrats who always tout their Blue Dog conservative values are, in the end, just lap dogs for their liberal Speaker," continued Devaney. "I'll be interested to see if they roll over for the Speaker next week or if they finally decide to stand up on behalf of the majority of Tennesseans that don't want to see their health care in the hands of the government."
A recent report from the Associated Press outlined a few notable items in House Democrats' legislation introduced today:
"The legislation would be financed by a combination of cuts in planned Medicare spending and an income tax surcharge of 5.4 percent on individuals making at least $500,000 annually and couples making at least $1 million.
"The bill would require nearly everyone by 2013 to sign up for health coverage either through their employer, a government program or the new exchange..."
"The plan also calls for a significant expansion of Medicaid, the federal-state health program for low-income people. And it would impose a requirement on employers to offer insurance to their workers or face penalties."
Williams PAC Fundraiser Invite with 32 Legislator Hosts
House Speaker Kent Williams has sent out the invitations to a Nov. 6 Knoxville fundraiser for his new political action committee, K-PAC, with 32 Republican legislators and 20 others listed as hosts.
Here's a copy:
,DanaInfo=owa.scripps.com,SSL+Spkr. Williams Invitation.pdf
Ramsey Backs Lawsuit on 'Firearms Freedom Act'
In his role as lieutenant governor, Republican gubernatorial candidate Ron Ramsey has submitted a letter supporting a lawsuit that seeks to validate Montana's "Firearms Freedom Act."
Tennessee's legislature enacted a similar law earlier this year, basically contending that federal firearms laws don't apply to guns made in Tennessee. Gov. Phil Bredesen refused to sign it, contending the measure involved "a fringe constitutional theory that I believe will be quickly dispensed with by the federal courts."
Here's the news release from the Ramsey's office:
Lt. Governor Ramsey Joins Efforts to Uphold 10th Amendment Legislation
(NASHVILLE, TN) - Tennessee Lt. Governor Ron Ramsey has joined efforts to uphold the Firearms Freedom Act, which was overwhelmingly approved by the General Assembly this year. Lt. Governor Ramsey is supplying a letter in support of the plaintiffs in a lawsuit filed on almost identical legislation in Montana to validate the principles and terms of the Act. The lawsuit was filed after federal officials claimed that both the Tennessee and Montana Firearms Freedom Acts were null and void.
"Tennesseans are tired of continued encroachment of the federal government on state's rights," said Lt. Gov. Ramsey. "That encroachment is escalating at an alarming rate. This legislation was overwhelmingly approved in the Tennessee Senate and House. It is within our constitutional rights and should be observed by federal officials."
The Firearms Freedom Act declares that any firearms made and retained in-state are beyond the authority of Congress under its constitutional power to regulate commerce among the states. It is based on the Tenth Amendment to the U.S. Constitution which provides that powers not granted to the national government nor prohibited to the states are reserved to the states or the people.
The law asserts that if a firearm or ammunition is made totally within the state of Tennessee, and stamped "Made in Tennessee," then the federal government has no jurisdiction over that item as long as it remains in-state and outside of interstate commerce.
The bill was approved 22 to 7 in the State Senate and 87 to 1 in the House of Representatives. Lt. Governor was a sponsor of the measure.
"The framers of the Constitution would be horrified at how some have interpreted their masterpiece, which has guided this nation and kept it safe for over 230 years," Ramsey continued. "States cannot continue to sit by and let such misuse of federal power go unchallenged. That is why I have acted to support the plaintiffs in Montana, which is the obvious vehicle to get this issue before the courts."
Dept. of Ed Says Tennessee Low Now, But Trying
The Tennessee Education Department says it's taken steps to toughen the state's achievement standards to make students more competitive.
A report released Thursday by the U.S. Education Department compared state achievement levels to achievement levels on the National Assessment of Educational Progress, or NAEP.
It found that many states deemed children to be proficient or on grade level when they would rate below basic or lacking even partial mastery of reading and math under the NAEP standards.
Tennessee's standards were lowest among states that deemed fourth-graders proficient in math and eighth-graders proficient in math and reading.
But Tennessee Education Department spokeswoman Rachel Woods says the report isn't surprising and that the state has revised its standards "to align them ... very closely to the NAEP required national standards."
Will Right-Wing Center Become More Moderate?
Drew Johnson, founder and president of the Tennessee Center for Policy Research, is stepping down from his leadership role in the organization, according to a news release posted on the group's website.
Clint Brewer, the former editor of Nashville's City Paper who now holds the title of director of government accountability at TCPR, is stepping up. Another staffer, Justin Owen, becomes "director of policy and general counsel" instead of "director of legal policy."
TCPR has had a strongly right-wing tilt in its general demeanor and utterances under "GQ Drew" Johnson, perhaps more libertarian than Republican and always anti-Democrat.
Some of Brewer's reporting has been pretty straightforward and objective by comparison - though it's doubtful anyone will be charging that he's a liberal.
$28 Million in Block Grants To Be Distributed By State
From a news release:
Governor Phil Bredesen and Economic and Community Development Commissioner Matthew Kisber recently approved more than $28 million in Community Development Block Grants (CDBG) to assist with infrastructure improvements in Tennessee.
"The grants awarded through this program provide funding needed to maintain and update community resources and improve the overall economic and environmental health of Tennessee," said Bredesen. "I'm proud the state of Tennessee can provide funding to communities
For the list, click below:
Continue reading "$28 Million in Block Grants To Be Distributed By State"
Watson Says No to Senate Run, Patton Says Maybe
Former state Sen. Lou Patten says he is considering a race to return to the Senate District 9 seat now that Sen. Dewayne Bunch has decided not to seek reelection next year. Republican Patton, who served in the Senate from 1986 to 1994, tells Andy Sher::
"Let's say I haven't ruled that out. I think I've got some experience in the Senate, and I feel like I could help our district."
Meanwhile, state Rep. Eric Watson, R-Cleveland, says in a statement distributed today that he will seek reelection to his House seat rather than run for the Senate seat being vacated by Bunch.
An excerpt: "I will continue to grow personally and professionally but feel that I am most needed in the House of Representatives to finish the work that I have started for my district, including being the most appropriated transportation district in the region and the progress of the German firm WACKER, which plans to locate a $1 billion project just off Lauderdale Memorial Highway in Charleston in our district."
State Rep. Mike Bell, R-Riceville, announced promptly after Bunch made his decision public that he will seek the GOP nomination to the seat. Rep. Kevin Brooks, R-Cleveland, is apparently still thinking about it - though Sher indicates he is still not returning reporter phone calls.
For Watson's full statement, click below.
Continue reading "Watson Says No to Senate Run, Patton Says Maybe"
Comptroller: Pre-K Works Short Term, Maybe Not Long Term
(Updates earlier post)
From the AP:
A report released Thursday shows the effectiveness of Tennessee's pre-kindergarten program diminishes after the second grade, but supporters say it still provides a valuable foundation that will help at-risk children succeed.
The report commissioned by the state comptroller's office reveals kindergarten students who participated in the pre-K program performed better academically than a group of those who didn't.
However, it shows that there is "little evidence that the unique effects of pre-K" last beyond second grade.
The report summarizes previous reports and reviews similar pre-K studies that have been conducted in other states, according to the comptroller's office.
"This analysis of year-end assessments in kindergarten reveals that students participating in the pre-K program demonstrated an increase in school readiness ... which confirms that this objective of the state's pre-K program is being met," said Phil Doss, director of the comptroller's Offices of Research and Education Accountability.
"Other considerations for policy-makers include the finding that the effects tend to fade over time and that there is significant variation in the types of pre-K curricula students are exposed to statewide, which makes it difficult to assess the impact of program characteristics."
Since 2005, Tennessee Gov. Phil Bredesen, a Democrat, has created 786 new pre-K classrooms serving 15,000 children. There are now a total of 934 state-funded pre-K classrooms in the state, serving about 18,000 children.
There was heavy debate during the recent Tennessee General Assembly about how the program should be funded.
Senate Republicans had previously suggested drawing $22 million of pre-K funding from lottery reserves. Democrats, including Bredesen, criticized the move as a first step toward scaling back or ultimately killing the program targeted at 4-year-olds from poor families.
Comptroller Justin Wilson, who took office in January, is Republican and his party has been somewhat skeptical of the program since its inception.
House Republican Caucus Chairman Glen Casada of Franklin said the report reaffirms his beliefs.
"Pre-K kids do well for kindergarten through first grade, but then that money we've invested seems to be lost from second grade on," he said. "I'm wondering if we shouldn't keep those children at home that one more year and then put that money in K-12."
Rep. John Deberry, a Memphis Democrat and chairman of the House Children and Family Affairs Committee, said he still believes pre-K is effective, but the issue of what happens at the second grade and beyond needs to be addressed.
"This report says that we have been successful with pre-K," Deberry said. "We need to ask ourselves why, and then why can't we be equally successful in the second, third, fourth and fifth grades."
Mark Rogers, Tennessee director for Fight Crime: Invest in Kids, said studies disagree on the short-term education benefits of pre-K. But he said there's no disagreement that having at-risk children in a structured pre-K program will help them graduate and reduce the chance they'll get involved in crime.
"Those kids will do well enough that they will want to stay in school," Rogers said. "And that has dramatic benefits all across the board down the road."
For the news release from the Comptroller's Office, click below:
Continue reading "Comptroller: Pre-K Works Short Term, Maybe Not Long Term"
AG: Landlords Can Ban Guns in Apartments
A landlord can legally prohibit tenants who hold handgun carry permits from bringing their weapons into a rented apartment, according to an opinion from Attorney General Bob Cooper that was released Wednesday.
The opinion came in response to a request from state Rep. Tony Shipley, R-Kingsport, who said he had thought the answer would have been to the contrary.
Shipley said the question was raised by an adult University of Tennessee student who had been prohibited from having a firearm in his rented Knoxville apartment.
"It strikes me that there shouldn't be a prohibition," he said in a telephone interview.
Shipley said the Fourth Amendment to the U.S. Constitution would apply to someone living in an apartment to prevent law enforcement officers from entering without a search warrant.
"If the Fourth Amendment applies, why doesn't the Second Amendment apply?" he said. "Can a landlord say you give up free speech, under the First Amendment, in the apartment? I think not."
Shipley said he had not read the opinion and wanted to study it further. He also said he would consider bringing legislation on the subject next year, though now focused on other legislative priorities.
Says the opinion: "A landlord can prohibit tenants, including those who hold handgun carry permits, from possessing firearms within the leased premises."
The ban may be imposed through a clause in the lease or -- in counties where the state's Uniform Landlord and Tenant Act applies -- by including the ban as a rule for governing the use of property by all tenants, the opinion says.
The opinion also says that the landlord need not post signs declaring that firearms are prohibited for the ban to have legal effect in civil courts, but that the tenant could not be prosecuted under criminal laws unless signs are in place.
TN Political Notebook, 10/28/09
Targeted Herenton
Former Memphis Mayor Willie Herenton has been officially told that he is the target of a federal criminal investigation... and he says the whole thing "grounded in politics." The Commercial Appeal reports on the "target letter" sent to Herenton and his response, including an attack on the federal "honest services statute" that he may be charged with violating. The statute makes it a crime for a public official to deprive constituents of their "intangible right to honest services."
Jackson Baker, meanwhile, questions Herenton's claim that the investigation comes because he's running for Congress against U.S. Rep. Steve Cohen. The investigation began months before Herenton became a candidate. Asks Baker: "Is it possible that, all these years after Einstein's Theory of Relativity led scientists to believe in the concept of time flowing backwards, a political figure has actually pulled off the trick?"
Haslam Likes Megasite
Republican gubernatorial candidate Bill Haslam toured the West Tennessee Megasite with are officials Tuesday. He said the next governor is "going to have to make some hard decisions" because of a tight budget, but the megasite would be a priority of his administration, reports the Jackson Sun.
McMillan At Home
Democratic gubernatorial candidate Kim McMillan mingled with hometown fans Tuesday, speaking to the Montgomery County Democratic Women. She recalled knocking on doors in a 1993 race for the state House, the Leaf-Chronicle says, and observed: "I can tell you, the state of Tennessee is a whole lot bigger than District 67."
Finney Gets a Foe
Jackson financial planner Adrian Eddleman says he'll seek the Republican nomination for state Senate in District 27. The seat is currently held by Democrat Lowe Finney and it includes Madison, Gibson and Carroll counties of West Tennessee. The 39-year-old Eddleman told The Jackson Sun said the state has done a poor job of checking the power of the federal government. The first-time office seeker said he would focus on lowering taxes, creating jobs and growing industry.
Stanley Among Lawmakers Billing for Post-Session Travel
Former Sen. Paul Stanley, who resigned his seat in August after revelations of his sexual affair with a legislative intern, was one of the 31 legislators who made out-of-state trips at taxpayer expense after the legislative session ended in June, records show.
Stanley, R-Germantown, collected $2,060 for attending an American Legislative Exchange Council meeting in Atlanta that ended the weekend before his testimony in court on Monday, July 20, about alleged attempts to extort money from the senator in exchange for photos he had taken of legislative intern McKensie Morrison, 22.
Stanley also was paid for two days of "legislative office work" in Nashville July 21-22 -- $348 for two days of the "per diem" expense allowance at $171 per day and $214.92 in mileage for the round trip from his home.
The court appearance led to public disclosure of Stanley's affair, which he acknowledged in a statement to the TBI, and he announced July 27 that he would resign his Senate seat effective Aug. 10. Stanley subsequently collected three days of "per diem" expense money, $513, plus mileage for office work Aug. 3-5, records show.
In all, Stanley received more than $6,000 in expense payments and reimbursements between July 1 and the time his resignation took effect, according to records of legislator expense payments for the third quarter that were recently posted on the Legislature's website.
Connie Ridley, director of the Office of Legislative Administration, said the Atlanta trip had been approved well in advance by Senate Speaker Ron Ramsey and the other payments were in accord with general policy for sitting legislators.
Stanley was one of nine legislators attending the ALEC conference in Atlanta. His bill to the state was typical -- $684 for per diem, $961 for hotel and $415 for transportation.
His experience there, however, apparently was not typical. The Nashville Post, quoting sources, has reported that Stanley "ordered three to five $150 bottles of wine and became intoxicated" at a dinner sponsored by lobbyists during the ALEC gathering.
After being told he should pay the tab himself, rather than leaving it for lobbyists, the Post said Stanley became belligerent and was asked to leave the restaurant following a "heated argument" with Rep. Charles Sargent, R-Franklin.
Sargent, asked about the report Monday, said it was accurate.
"That happened," he said. "But it's over and I consider it a dead issue."
The most popular trip outside the state since the legislative session was to the National Conference of State Legislators annual convention in Philadelphia July 19-25. Fifteen lawmakers attended the meeting, receiving expense allowances and reimbursements that appeared average about $2,600 each.
House Republican Leader Jason Mumpower had the lowest NCSL bill, one day of per diem at $171 plus $697 for travel. Rep. Vince Dean, R-East Ridge, had the highest, $3,486, including seven days of per diem.
Some legislators made more than one trip. In all, 21 state representatives made 30 out-of-state trips while 10 senators, including Stanley, made 16 trips.
Sen. Reginald Tate, D-Memphis, did the most out-of-state traveling. He attended both the NCSL and ALEC trips, according to records, and also Oklahoma City for a Southern Legislative Leaders conference, to Lansdowne, Va., for a Southern Regional Education Board meeting and to Washington for a gathering of the Congressional Black Caucus.
He billed only for per diem payments on the trips to Oklahoma City and Virginia, but billed for transportation and hotels as well on the other journeys. His total payments for the period were $7,578.
Under House rules, representative can bill the state for out-of-state transportation and hotel costs on only one trip per year, though they can collect per diem for additional trips. Senate rules permit payment of hotel and transportation costs on more than one trip per year, though the Senate speaker must approve each trip in advance.
The Stanley Furniture Question: Now in Storage
Furniture that former state Sen. Paul Stanley apparently purchased with campaign funds for his Legislative Plaza office has been placed in storage until he decides to retrieve it, an official said Tuesday.
But the furniture may be in something of a legal limbo under the state's campaign finance laws as it sit in what Connie Ridley, director of the Office of Legislative Administration, described as a "secured area" adjoining a parking garage.
Stanley's most recent campaign finance disclosure shows expenditures totaling $5,291 for furniture from three different stores earlier this year. Drew Rawlins, executive director of the Bureau of Ethics and Campaign Finance, said state law clearly allows campaign money to go toward such purchases that relate to holding office.
But if Stanley takes the furniture home or sells it and keeps the money, Rawlins said, he could run afoul of laws prohibiting personal use of campaign funds.
"The statute doesn't really address it (the specific situation)," Rawlins said. "But you can't buy things and convert them to personal use. It would be like buying a car for the campaign, then keeping it for yourself after the campaign."
Rawlins said the furniture could be sold at fair market value with the money received put back into the campaign fund, then used for permitted expenditures if the account is later closed. Such purposes include donations to charity or to other political campaigns.
Stanley, who resigned his seat effective Aug. 10, had a cash-on-hand balance of $44,715 as of July 1, according to the most recent campaign disclosure.
Brooks, Watson Unsure on Opposing Bell for Senate Seat
Republican state Sen. Dewayne Bunch says three state representatives seemed stunned when he told them Monday evening that he would not seek re-election to another term.
But one had a more rapid response than the other two. Later Monday night, Rep. Mike Bell, R-Riceville, declared himself a candidate to succeed Bunch, R-Cleveland, in the Senate District 9 seat.
The other two, Republican Reps. Kevin Brooks and Eric Watson, both of Cleveland, said Tuesday they need more time to consider whether to face Bell in the 2010 GOP primary. Bunch told the House members of his decision at a regularly-scheduled meeting of the regional legislative delegation.
"This is an important decision and I'm really going to have to think and pray about it," said Watson, who noted that he would lose the seniority accumulated in the House, where he chairs one subcommittee and is vice chairman of another. "I want to be in the most effective position I can be for the people of the district."
Brooks told the Cleveland Daily Banner that it is "very important to earn the trust and support of the people I serve and ask them if they want me to move forward."
Bell said he had long had in mind the possibility of running for the Senate and instantly knew he should do so.
"I would never have run against Dewayne," he said. "But I had always thought that, if he decided to retire, I would run for the Senate. So it wasn't much of a surprise to my wife when I got home and said that is what I want to do."
Bunch, elected to the Senate in 2006 after serving previously in the House, said he sometimes regrets the loss of time with his family and in his law practice while in Nashville over the past 11 years.
"If they would move the state capitol to East Tennessee, I would reconsider," he said. "It is just my time to go. I'm leaving at the top. That's where you want to be when you leave."
Bunch, who has a reputation as one of the Senate's more conservative members, said he would remain active in politics outside of office and would "strongly consider" service in the next governor's administration. Bunch is a supporter of Republican Zach Wamp in the developing 2010 gubernatorial campaign.
Senate District 9 includes Bradley, McMinn, Meigs and Polk counties and leans strongly toward Republicans.
House Democratic Chairman Mike Turner, however, said his office had received two calls from people interested in running as a Democrat for the House District 23 seat Bell will vacate to run for the Senate. He declined to identify them.
Bell lives in McMinn County. The House district also includes a portion of Monroe County.
Bredesen in China: "Absolutely Confident" on Energy Business
From the AP:
The renewable energy sector has been among the most promising areas of discussion while on a trade mission to China, Tennessee Gov. Phil Bredesen said Tuesday.
Bredesen said in a conference call from Hong Kong that the trip has been highlighted by visits to Shaanxi and Zhejiang provinces and meetings with their governors and business officials. Both provinces are larger than California, Bredesen said.
"There is a lot of interest it the renewable energy sector and of course we have a great story to tell in that area," Bredesen said. "I'm absolutely confident there's going to be some business done on that basis."
Tennessee has recently attracted two industrial investments worth more than $1 billion each by companies that make polysilicon, a material used to make solar cells.
The state has also received $62 million in federal stimulus money to launch a solar research facility at the University of Tennessee and a 5-megawatt solar generation plant next to a 6-square-mile megasite in Haywood County that is being developed to market to large industrial investors.
The West Tennessee megasite has been the subject of several conversations in China, Bredesen said.
"We're continuing to push forward with that, it's very much on my mind," Bredesen said. "That is a terrific site, we are going to get a terrific business into it sooner or later."
The governor said the trip included a visit to a 400,000-square-foot factory dedicated to researching ways to improve manufacturing techniques and reduce the costs of solar products.
"I would say they are very serious players," he said.
That visit led to discussions about working with Oak Ridge National Laboratory and the possibility of locating Chinese manufacturing facilities in Tennessee.
Oak Ridge offers expertise in material science and computational capability that could serve as a "nice partnership" with the Chinese manufacturing expertise, Bredesen said.
Bredesen said officials on the trade mission have also discussed opportunities in the health care and distribution and logistics fields in Tennessee. China is Tennessee's third-largest export market after Canada and Mexico.
"China is a unique opportunity at this point in that it represents both investment and job creation potential in Tennessee and it also represents significant export potential in not just goods but services to China," said Matt Kisber, commissioner of the state Department of Economic and Community Development.
Bredesen made an earlier stop in Japan, where he said he met with executives of Bridgestone Corp., Nissan Motor Co. and Sharp Electronics Corp. about their operations in Tennessee.
Bunch Quitting Senate Seat; Bell Running
Republican state Rep. Mike Bell said Monday evening that State Sen. Dewayne Bunch, R-Cleveland, has decided not to seek reelection in 2010 and that he will become a candidate for the Senate District 9 seat.
Bell, R-Riceville, sent an emailed news release announcing his candidacy.
In a telephone interview, Bell said Bunch had advised him and Reps. Kevin Brooks and Eric Watson of his decision late Monday. Senate District 9 covers the area within the three Republican representatives' districts.
Bunch was not available for comment Monday night. Bell declined to discuss the senator's reasons for not seeking another term related at the meeting.
Bell, who defeated Republican Rep. Bob McKee of Athens in a Republican primary to win his seat, said he immediately decided to run for the Senate seat.
"I would never have run against Dewayne," he said. "But I had always thought that, if he decided to retire, I would run for the Senate. So it wasn't much of a surprise to my wife when I got home and said that is what I want to do."
Bell said he did not know whether his neighboring House colleagues would seek the seat, but regards both as friends and they would be "formidable" opponents should they run.
The Senate seat is considered solidly Republican in orientation.
Here's the news release Bell sent out Monday night:
RICEVILLE, Tenn.-- State Rep. Mike Bell (R-Riceville) announced today that he will be a candidate for the State Senate. He will be seeking to represent District 9 in the Tennessee State Senate which is made up of Bradley, McMinn, Meigs and Polk Counties.
"Three years ago, the people of McMinn and Monroe County elected me and gave me the privilege of serving them in the State House of Representatives," said Rep. Bell. "Now I am asking the people of Bradley, McMinn, Meigs and Polk Counties to give me the opportunity to represent them in the State Senate."
Bell currently lives on a farm in Southern McMinn County with his wife and 5 children:
Michaela (11), Rachael (15), Zack (17), Laura (20), and Nathan (22). Nathan, who is in the United States Marine Corps, is currently stationed at Camp LeJuene in North Carolina.
A small business man, farmer and volunteer firefighter, Bell was elected to the Tennessee State House of Representatives in 2006. In his first term, his peers elected him to be Freshman Leader and Assistant Floor Leader of the Republican Caucus. Bell is currently the Republican Caucus Secretary.
While in the House of Representatives, Bell has served on the Agriculture Committee, Children and Family Committee, Conservation and Environment Committee, Consumer and Employee Affairs Committee, and Government Operations Committee.
Bell is the current chairman of the House Family Justice Subcommittee of the Children and Family Committee.
I am looking forward to seeing the faces and hearing the voices of this district. I want to continue the tradition of having a principled, conservative voice in the state Senate."
Current State Senator, Dewayne Bunch, has decided not to seek re-elect
The AP's Erik Schelzig also filed a late Monday report with background on other Senate seats up for grabs. To read it, click below.
Political Money in Marriage: Giving Together, Giving Apart
State Finance Commissioner Dave Goetz is listed as a host of campaign fundraiser for state Sen. Douglas Henry of Nashville. His wife, Katy Varney, a partner in the PR firm of McNeeley Pigot & Fox, is listed as a host of a campaign fundraiser for Jeff Yarbro, who is challenging the veteran Henry in the 2010 Democratic primary.
"We're supporting our friends," Goetz said when asked about the situation during a brief hallway encounter today. "Sen. Henry is my friend. Jeff Yarbro is Katy's friend... Actually, they're both friends to both of us."
Yarbro has been a Sunday school teacher to the couple's children at their church, Christ Church Episcopal, Goetz said.
Goetz acknowledged that the situation has caused some discussion at home but said the details will remain confidential "in the interest of 26 years of marriage."
Lobbyist Nathan Green, meanwhile, dropped by to say that he and his wife, Lara Robinsion Green, also a lobbyist, typically chip into the political action committee they operate five times a year. The timing was off somewhat in a transaction reported in a story on indirect lobbyist contributions.
"It was just an oversight," said Green Monday. He had been unavailable for comment when the story was written last week.
Records show that RobinsonGreen PAC, operated by the husband and wife lobbyist team, had a balance of $390 on June 29 of this year when each of the two put $1,000 into the PAC. On the same day, the PAC then gave $2,000 to Ron Ramsey's gubernatorial campaign, which reported receiving the money on June 29 as well.
Green said the transactions were all handled electronically, but the money should have been deposited earlier in the PAC account under the couple's normal donating plan. There was no intent to skirt any rules, he said.
Green said the PAC, originally set up in 2005, was established as a service to clients that do not operate their own PACs. Registry of Election Finance records indicate that the Greens have been the only donors to their PAC in 2008 and 2009, but Green said clients had previously contributed and the lobbyists more or less view themselves as making contributions on behalf of clients.
Marsh Takes the Oath & Other Monday Morning News Notes
New Rep. Gets Commerce, Transporation Seats
Republican Pat Marsh of Shelbyville took the oath of office to become state representative for House District 62 Monday and was assigned to serve on the House Commerce and Transportation Committees by House Speaker Kent Williams. The speaker said Marsh's experience in the business world and the trucking business gave him expertise in the issues those two committees face.
Marsh's predecessor, former Democratic Rep. Curt Cobb, sat on the Commerce Committee and Marsh effectively takes his seat, giving the GOP a 16-14 majority instead of having the committee split 15-15. The Transportation Committee has also had an even split of members of the two parties. Cobb was not a member of that panel and Williams has not said how it will be realigned with Marsh as a member, though apparently it, too, will have a GOP majority.
State Supreme Court Justice William Koch administered the oath of office in the House chamber with a group of perhaps 60 people on hand, including the new legislator's friends and family and several incumbent Republican officeholders. In brief remarks, Marsh said he was "honored and humbled" and will take the oath of office seriously, voting "without prejudice and, hopefully, without doing the wrong thing."
A Voting Machine Expert?
Common Cause has filed new documents in connection with its lawsuit trying to force Secretary of State Tre Harget to switch to use of paper ballots in voting machines for the 2010 elections, reports Jeff Woods.
Included is an affidavit from University of Iowa computer science professor Douglas Jones, presented as an expert on voting machines. Jones recommends that Tennessee make the switch immediately by buying machines meeting 2002 standards. He says the state can upgrade those machines to meet new standards. Hargett contends the state's Voter Confidence Act should be interepreted to require machines meeting 2005 standards and that such machines are not available.
Wamp on Haslam
Jackson Baker reports that Zach Wamp spent a couple of days campaigning in Memphis and got in a few digs at his opponents in the Republican gubernatorial campaign. He speculated about Ron Ramsey or Bill Gibbons dropping out while declaring he will stay whether the primary is "a two-man race, a three-man race, or a four-man race."
As for presumed Republican frontrunner Bill Haslam, the mayor of Knoxville, Wamp said the "question of the race for October" that he got from people on the stump was, 'We know you would make the best governor, but what about Haslam's money?'" Wamp concluded about the Haslam campaign, "If that's all they have after ten months of campaigning, that's an empty suit."
More on Haslam: "His money's going to give him some name recognition, but there's not much to connect the money to." As for Haslam's door-to-door campaigning in Bartlett last month, Wamp was scornful: "That's a Tom Ingram stunt. It's trying to make a rich guy look like a regular person."
McCain on Cohen
The Commercial Appeal reports that John McCain took "a Twitter-aimed shot at a $325,000 seismic study for Memphis in the recently passed Homeland Security appropriations bill" - an earmark championed by U.S. Rep. Steve Cohen of Memphis. It was among his "Top 10 Earmarks of the Day" that McCain has begun sending out.
Lobbyist Money Still Flows to Campaigns -- Is Law a Sham?
While lobbyists are prohibited from making direct contributions to Tennessee political campaigns under an ethics law enacted three years ago, many continue to send cash to candidates through three legal paths left open by legislators.
"The ethics reform act was ostensibly created to keep lobbyists from corrupting the political process with campaign contributions. It's done nothing of the kind," says Tony Gottlieb. "It's just a big charade."
Gottlieb, who was registered as a lobbyist last year, has been ordered to pay a civil penalty for violating the ban on direct contributions, but is fighting the fine on grounds the prohibition is unconstitutional.
He sent two checks to the 2008 reelection campaign of Rep. Stacey Campfield, R-Knoxville, one for $125 and the other for $200. Campfield refunded the money, but Gottlieb was nonetheless assessed a $650 penalty by the Registry of Election Finance Board that he is appealing.
In contrast, Nathan and Lara Robinson Green, a husband and wife who are both registered lobbyists, last year had created the RobinsonGreen Political Action Committee.
In the most recent transaction reported by the PAC, each of them gave $1,000 to the PAC on June 29 .
On the same day, the PAC - which had only a $390 balance before the lobbyists put in their money -- then gave $2,000 to Lt. Gov. Ron Ramsey's gubernatorial campaign, records show. The Ramsey campaign also reported receiving the money on June 29, indicating the transfers from lobbyists to PAC to campaign all were handled electronically.
The Greens did not return a reporter's calls last week.
It is perfectly legal for lobbyists to set up PACs and then donate to candidates, said Drew Rawlins, executive director of the Bureau of Ethics and Campaign Finance. Some lobbyists and law firms that engage in lobbying have operated PACs for years, predating the 2006 law.
In terms of donated dollars, the PAC operated by the law firm of Farris Mathews - named after former state Democratic Chairman Bill Farris and former U.S. Sen. Harlan Mathews - led the way in spending last year with expenditures totaling $81,159, a review of records indicates. The RobinsonGreen PAC had just $9,172 of 2008 spending.
The law firm of Waller Lansden, which also has a lobbying contingent, was second in 2008 totals among lobbyist PACs with $40,459 in expenditures. Transactions reported this year include the parent law firm sending the PAC $7,000 on June 30. The PAC then sent a donation of $5,000 to Ramsey's gubernatorial campaign and $1,000 to the Democratic gubernatorial campaign of Sen. Roy Herron on the same day.
David McMahan and Beth Winstead, partners in a well-known lobbying firm that bears their names, have had a PAC called Tennessee First for years, making donations of $13,250 last year and contributions of $8,500 so far in 2009.
But McMahan and Winstead said they have refrained from putting their own money into the PAC - instead collecting donations from clients - because of concern that might get too close to being a direct contribution.
"It's a cloudy area of the law," said Winstead. "We want to avoid even the appearance of an impropriety."
Legally speaking, Rawlins said, such concerns are unfounded and lobbyists are free to donate to PACs, just like anyone else.
The timing of the GreenRobinson PAC transaction cited above, Rawlins said, could raise the possibility of the PAC being improperly used as a "conduit" to skirt the law, The Registry has never investigated such a case, he said, and staff typically does not review disclosures in enough detail to notice such things.
The lobbying firm of Johnson, Harris and Carr set up a PAC using the firm name last year as "another tool for our clients who don't have their own PAC," said Anne Carr, one of the partners. But she and Estie Harris have donated some of their own money, too.
Besides establishing PACs themselves, lobbyists are also legally free to directly give money to PACs set up by legislators.
There are a growing number of such "leadership PACs" operated by lawmakers, including those set up by the three legislators now running for governor - Ramsey, Herron and Sen. Jim Kyle, D-Memphis. The PACs controlled by Ramsey and Herron have made donations to the gubernatorial campaigns of their founders and Kyle, who has not had to file a gubernatorial campaign disclosure yet, is legally allowed to do so as well.
Veteran lobbyist Mark Greene, whose clients include the Tennessee Lobbyist Association, had made donations to at least four leadership PACs. Since his firm does not operate a PAC and some clients do not have PACs, he said, "it's a way for me to stay competitive."
"I think it marginally increases your access (to the legislators operating the PACs), though of course it's not required," he said. "Some have asked me. Some have not.,, I don't mind helping them."
A third way for lobbyists to indirectly funnel funds to candidates is by guiding traditional PACs established by corporations or trade associations. Many organizations with PACs hire lobbyists or have an executive director who lobbies the Legislature and/or the governor's administration.
Under opinions issued by the Tennessee Ethics Commission, a lobbyist can serve as treasurer or a PAC and offer advice to the PAC on who should receive contributions - provided the final decision is made by a separate PAC board. As a practical matter, of course, an organization that has hired a lobbyist will generally respect his or her advice enough to follow the recommendations.
Gottlieb, who says he received no compensation as lobbyist for DAD of Tennessee, a group that advocates for fathers' rights in child custody disputes, said the result of the exceptions built into the law is a "sham" that punishes those of modest means who want to make small donations while leaving the door open to those who set up their own PACs or have wealthy clients.
Many lobbyists strongly supported the ban on direct donations to candidates included in the 2006 ethics law because they had traditionally been inundated with requests for money from legislators. Green, who lobbies for lobbyists, said it was "a popular provision" among his lobbying colleagues.
But Gottlieb, who says he views lobbying in general as "essential to the legislative process," contends the provision gave lobbyists the best of all worlds.
"Now they've got plausible deniability, when asked, to say, 'I can't give you a donation,' That's a lot better than saying, 'I'm not going to support you'," he said. "But if it's somebody you really want to help, you just form a shell PAC and funnel in the money."
Weekend TN Political Reading
GOP's Congressional Dreams
Bill Theobold, the Tennessean's Washington guy, has done an overview article on Republican dreams of upsetting a trio of the state's incumbent Democratic congressmen - Lincoln Davis in the 4th District, Bart Gordon in the 6th and John Tanner in the 8th.
It includes some relevant statistics to bolster the Republican's optimistic premise of Democrat ousters in the offing, such how strongly all three districts went for Republican John McCain over Democrat Barack Obama in last year's presidential race:
Davis' 4th was carried by McCain, on a percentage basis, 64-34. Gordon's 6th 62-37; and Tanner's 8th 56-43.
But it also includes Vanderbilt University public policy professor Bruce Oppenheimer saying, in effect, that doesn't matter much since the incumbents have cultivated a conservative image generally in tune with the electorate and have a lot more money.
Suspicion: The Republicans are hoping to make the Democrats spend down their campaign warchests in 2010 and, thus, become much more vulnerable targets in 2012 after redistricting -- assuming the GOP gains dominance in both the state House and Senate, so they control the redrawing of congressional district lines. (Also assuming the current Republican incumbents will go along -- or can be forced to go along -- with the redistricting change that are being plotted.)
Meanwhile, Wharton's Changing Memphis(?)
The Commercial Appeal reports in a news story that A C Wharton, changing roles from Shelby County mayor to mayor of predominantly-black Memphis, has good relations with other mayors in the county's predominantly-white suburban towns - much more so than former Mayor Willie Herenton.
But, in a separate editorial page piece, Otis Sanford says that the proposal of city-county consolidation is still dead on arrival. And that might have something to do with old racial politics.
Another CA article notes that Wharton has a mandate from the electorate, a sharp contrast to Herenton's status when he took office.
Paying for Prisoners
Hamilton County Mayor Claude Ramsey is complaining in a letter that the state does not pay enough for keeping prisoners who are housed in the county jail. A recent audit, reports the Times Free Press, indicates the county's taxpayers have "shelled out" $8.5 million to cover the state prisoners over a 15-year period.
But state Rep. Gerald McCormick notes there's not much chance of the state rushing to increase its payments, given the current state budget situation.
TN Pension Fund Fares Better Than Most
The state's pension fund has outperformed 80 percent of the nation's other government pension funds in recent months, says state Treasurer David Lilliard. The Kingsport Times-News reported on his comments to a Chamber of Commerce gathering.
Wine Before Its Time?
A study committee on the possibility of allowing wine sales in grocery stores - and other alcohol law issues -- will meet for the first time this week, reports Chas Sisk in the Tennessean. Here are a couple of excerpts from the article:
But as the committee prepares to kick off with a hearing Wednesday, the sides remain far apart over how -- or even if -- major reforms should occur.... "It's going to be good business for lobbyists," said Sen. Bill Ketron, R-Murfreesboro, the study committee's organizer and sponsor of a bill that would allow grocery stores to sell wine.
This, one suspects, is a matter that will prompt much repetition of old arguments, pro and con, in the study committee phase, as the legislative stalemate continues through the 2010 session - a blessing for the lobbying business. Such bills are known as a FLEA, an acronym for Full Lobbyist Employment Act.
It's rather like the guns-in-parking-lots bill mentioned in Sunday's column in the News Sentinel, which concerns summer studies by legislators - almost always delayed until the fall. Lots of talk is assured; action is not.
The lobbyists pushing wine in groceries have set up a PAC, as Sisk notes, and that is doubtless a long-term plus. But it will likely take some time, measured in years rather than months, before a matter that is common sense for wine consumers translates into the politically practical for a majority of legislators.
Pat Marsh Enters 'Whole New World' - Plus Commentary from Chris and Chip
Republican Pat Marsh, winner of the Oct. 13 special election for House District 62, toured the state Capitol last week as a prelude to formally taking the oath of office as a state representative on Monday.
Afterwards, he told his hometown newspaper that he's excited and, "It's a whole new world for us."
Marsh that about 30 family members and friends will join him for the ceremony, which he described as a "huge event."
On Friday he still didn't know his office assignment or office telephone number at the Legislative Plaza, nor does he know where he will sit on the House floor. However, during his tour on Thursday he noted that his name has already been added to the electronic display board where House votes are registered.
Comments from the Chairmen
With candidate Marsh poised to become Rep. Marsh, thought I'd pass on some comments from state Republican Chairman Chris Devaney and Democratic Chairman Chip Forrester that were not used in a recent story on the political aftermath of the District 62 special election.
Both men were, for starters, somewhat complimentary of the opposition they faced.
Continue reading "Pat Marsh Enters 'Whole New World' - Plus Commentary from Chris and Chip"
Opinions on Lamar's Lament
(Note: This is a slightly modified and somewhat expanded version of a story that appeared in the News Sentinel. Michael Collins fielded some of quotes included.)
Tennessee's Democratic chairman characterized United States Sen. Lamar Alexander's comments criticizing President Barack Obama as a disappointing move toward political polarization, while his Republican counterpart cast them as a statesmanlike offering of advice.
Meanwhile, two presidential historians said Alexander's comments -- comparing the Obama White House to the Nixon administration -- were way off base.
Alexander accused the White House on Wednesday of Richard Nixon-like tactics in dealing with political opponents and suggested the Obama administration may be drawing up its own "enemies list" like the former president.
"These are unusually difficult times, with plenty of forces encouraging us to disagree," the Blount County Republican said in a speech on the Senate floor. "Let's not start calling people out and compiling an enemies list."
State Republican Chairman Chris Devaney said the senator's comments were appropriate.
"I think it was simply a statesman giving the president and his administration some advice," Devaney said. "Sen. Alexander was in the Nixon administration and he witnessed that situation first hand.
"This doesn't have anything to do with partisan politics. It has everything to do with a statesman who is providing us with a history lesson, based on his experiences."
Alexander's experiences, Devaney noted, also include becoming governor in 1979 after the scandal-ridden administration of former Gov. Ray Blanton, who was effectively removed from office ahead of schedule amid allegations that clemency was being sold to imprisoned felons.
Devaney said Alexander's concerns about Obama are warranted because of the president "lashing out at a major news company (Fox News), lashing out at members of Congress, lashing out at the insurance industry."
Forrester disagreed.
"It's unfortunate that Sen. Alexander, who has been sort of a moderate, more centrist member of the United States Senate, is now willing to make these kinds of statements to appeal to the right wing of his party and those opposed to health care reform," said State Democratic Chairman Chip Forrester. "It's a striking departure from his past demeanor."
"It's unfortunate that Sen. Alexander, who has been sort of a moderate, more centrist member of the United State Senate, is now willing to make these kinds of statements to appeal to the right wing of his party and those opposed to health care reform," said Forrester. "It's a striking departure from his past demeanor."
"There's not any evidence at all of any kind of enemies list," he said. "President Obama, from the inception of his administration, has attempted to reach out across the aisle. It has been the Republicans who have refused to shake his outstretched hand."
Forrester: GOP Legislators Board 'Crazy Train'
State Democratic Chairman Chip Forrester is criticizing a Republican-led push by a committee of state legislators to organize opposition to federal "abuse" of the 10th amendment and state's rights. (Seven of the eight committee members are REpublicans; the exception being Sen. Douglas Henry of Nashville.)
Here's the top of the Democratic party press release:
NASHVILLE - A state sovereignty campaign in the General Assembly indicates how divisive Republican leaders intend to be during the next legislative session, Tennessee Democratic Party Chairman Chip Forrester predicts.
"I hope they are not suggesting we fight another Civil War," Forrester said. "This is nothing short of lunacy. The Tea Party organizers and their ultra-right wing cronies began this ridiculous issue to disrupt civil debate about how to move this state and nation forward.
"It's unfortunate that Republican members of the state Legislature have jumped on this crazy train. Instead of focusing on real issues that concern most Tennesseans, these legislators are more concerned about grandstanding and how to divide us.
"Just look at this past legislative session when Republicans brought up wedge issues like guns in bars. Our state and its citizens are facing financial challenges that affect far more people than a wedge issue does," he said.
Earlier this week a Tennessee legislative committee voted to send letters to the 49 other state legislatures inviting them to join Tennessee in a "working group... to enumerate the abuses of authority by the federal government and to seek repeal of its assumption of powers" and mandates it has imposed on states, according to The Commercial Appeal newspaper in Memphis.
The full release is available HERE.
Note: The committee has also drawn the somewhat more favorable attention of World Net Daily, a staunchly conservative media outlet.
Abuse of Jeff Miller, a Donkey and Other Items of TN News
Miller Sees Power Abuse
Former state Sen. Jeff Miller, declared not guilty on official misconduct charges by a Bradfley County jury Wednesday, says his prosecution was "an abuse of power" that "reached out and wrecked the life of a young mother who did not deserve this." The young mother was his former secretary, who testified against Miller in the trial over allegations that he billed the county for work he did not perform.
Paranoid Democrats?
In a Nashville Scene article, Jeff Woods raises the question: Are Democrats paranoid, or is the GOP really blocking vote reform? The question isn't really answered, but the piece is a good read.
Lamar, 'Media Victim'
A Vanderbilt University publication has interviewed Sen. Lamar Alexander on the occasion of his induction into the Vanderbilt Student Media Hall of Fame. (He was once editor of the student newspaper, The Hustler.) Kickoff quotation: "For every bonifide four media starts, we must induct one media victim."
Neglected White Donkey
According to an animal rights activist interviewed by WKRN-TV, the case of a neglected white donkey shows the nee3d for change in Tennessee's livestock abuse laws. Seems a county agricultural extension agent must investigation cases of cruelty to livestock, but Laura Turner couldn't get an agent to do so.
Judge Facing Judgment
A Cocke County judge who recently settled a complaint before the Tennessee Court of the Judiciary is facing new charges of witness tampering and obstruction of justice, reports the AP, citing a Newport Plain Talk report. General Sessions Judge John Bell allegedly directed a scheme designed to influence David Pleau to drop a complaint against him. He's charged with :multiple violations of law," including witness tampering.
Frist's Final TN SCORE Card
(Updated from earlier post with reporting by Rick Locker of The Commercial Appeal)
A statewide education reform commission headed by former U.S. Sen. Bill Frist issues its final recommendations today, with a goal of moving Tennessee to the top of the Southern states in K-12 education.
"The very simple goal is to make Tennessee - us, our kids - the best in the South in five years," Frist said at a State Capitol event unveiling the report. "It's a challenging, ambitious goal but it can be done."
The recommendations of the bipartisan "State Collaborative on Reforming Education," or SCORE, which Frist established early this year, includes 60 specific recommendations that revolve around four key "strategies:"
· Embracing the higher graduation standards that are about to go into effect as part of the Tennessee Diploma Project that aims at both raising standards and graduating more students. There has been some fear that when the impact of the more rigorous standards are felt, there will be political pressure on legislators to scale them back.
· Cultivating stronger school leaders, including superintendents and teachers.
· Ensuring excellent teachers, including mentoring programs and financial incentives to reward teacher performance.
· Using the vast amount of student performance data available in Tennessee to improve learning.
The SCORE report focuses only on kindergarten through high school education, avoiding partisan fights that have occurred in recent years in the state legislature over funding for pre-kindergarten programs championed by Democratic Gov. Phil Bredesen.
It does contain some recommendations that are certain to generate controversy, including a proposal that directly links awarding tenure to teachers to such measures of their effectiveness as student achievement gains.
Another recommendation would restructure the state salary schedule for teachers include new elements such as incentives for credentials to teach in high-needs subject areas like math and science, placement in high-needs schools, and performance.
Toward that end, the report proposes that the state launch a year long discussion over how to restructure teacher tenure and pay scales that include the teachers union, school boards and others who would come up with a specific plan and guidelines.
Jerry Winters, government relations manager for the Tennessee Education Association, said that the teachers' association isn't closing the door on tenure reform. "There's going to be a year-long discussion with substantial teacher input. We're not closing the door but there's a lot to be discussed. It's an extremely complex issue."
The report also recommends that all 132 school districts in Tennessee be allowed to use administrative law judges - state attorneys who sit as judges in disputes - to hear and settle cases when local schools try to fire tenured teachers. In all districts but Memphis City Schools and Metro Nashville, school boards settle such cases.
Winters said TEA supports that proposal. "We could fully support moving to administrative law judges. It's much more professional. They are trained in dispute resolution and problem cases, and it would take it out of politics," he said.
Recognizing the state's budget problems, the Frist commission said it focused on recommendations that will involve no new funding "in the short term" but said
that in the long term, additional money may be needed.
full report available at www.tennesseescore.org
Towns: "I'm going to turn in what I have" Before Subpoena
State Rep. Joe Towns says he intends to turn over records of his campaign finances in last year's elections before a subpoena deadline set by the Registry of Election Finance, but has had difficulty rounding up all the documents.
The Registry voted earlier to subpoena the records on Nov. 2 if the Memphis Democrat hasn't turned them over voluntarily by then. The vote came after Drew Rawlins, executive director of the Bureau of Ethics and Campaign Finance, told the board Towns had ignored multiple requests for the documents.
Towns had been selected for a random audit of 2008 candidates.
"I'm trying to put them together now," Towns said Wednesday in a brief interview at the Legislative Plaza, where he attended a committee meeting. "I haven't located all of them yet. It's hard to keep track of them.... But I'm going to turn in what I have."
AG: Pardoned Felons Can Buy Rifles & Shotguns -- Not Pistols
Tennessee Attorney General Bob Cooper has issued a legal opinion that says people who have received pardons for their felony drug convictions can own any type of firearm except handguns.
Cooper writes in the opinion released Wednesday that Tennessee's firearms ban for felons has exceptions for those who have been pardoned, had their convictions expunged or have had their civil rights restored.
But Cooper says the law doesn't provide those exceptions for handgun ownership by people convicted of certain violent crimes and drug felonies.
The full opinion, requested by House Republican Caucus Chairman Glen Casada, is HERE.
Jury in Jeff Miller Trial: Not Guilty
From the AP:
CLEVELAND -- Former state Sen. Jeff Miller was acquitted Wednesday on a charge of accepting pay for work he didn't do as Bradley County's delinquent tax attorney.
The jury at Cleveland deliberated for less than three hours Wednesday after Miller's defense attorney called no witnesses, the Chattanooga Times Free Press reported.
The judge had agreed to dismiss charges of conspiracy to commit official misconduct and conspiracy to commit aggravated perjury, leaving the jury to weigh a charge of official misconduct.
The former Republican lawmaker and his secretary in Cleveland were arrested in March.
The secretary, April Miles, testified that she had made a deal with prosecutors and will not have to go to trial.
Miller, who didn't seek re-election to the Tennessee Senate in 2006, was removed as the county tax attorney in January.
Defense attorney Fred Hanzelik in closing arguments said Miller trusted his secretary of nine years to perform the actual searches and accepted her assurances she had done the work. He said Miller had no intent to deceive the county or accept money for work not performed.
Miles testified Tuesday that she first told investigators Miller didn't know the searches weren't being done, but she later recanted. She said she had lied at first to protect her job.
Assistant District Attorney Stephen Hatchett said the charges stemmed from about 300 lien searches that were filed but not completed between April 2006 and February 2009. The government contended Miller as the county's delinquent tax attorney failed to perform lien searches, then charged $75 on each case provided for him to collect.
"We respect the work our juries do and we respect the jury's verdict," Hatchett said after the trial.
Hanzelik told jurors that Miller was fired as delinquent tax attorney because his father lost a trustee election and the new trustee appointed someone else. Hanzelik also said there is a "history" between the former GOP lawmaker and Democratic District Attorney Steve Bebb, whose office prosecuted the case.
The Cleveland Daily Banner reported that Tennessee Bureau of Investigation agent Luke Muhonen testified that early in the investigation Miller told him "he didn't do lien searches," indicating Miles and other office staffers were responsible for them.
Hanzelik asked Muhonen if Miles told investigators that records had been disposed of.
"She said she threw away searches after finding the taxes had been paid," Muhonen said.
Bill Haslam Has a 5-Point Plan
Republican gubernatorial candidate Bill Haslam is trotting out today the first part of his plans for "making Tennessee the No. 1 location in the Southast for growing and retaining high quality jobs."
He becomes, as I recall, the third gubernatorial candidate to with an official plan to promote. (Bill Gibbons and Ward Cammack announced plans earlier.)
Here's the Haslam news release:
Today, Knoxville Mayor Bill Haslam announced that in the months to come he will be sharing his specific plans for making Tennessee the #1 location in the Southeast for growing and retaining high-quality jobs. His plans are being shared across the state via video and his website.
The first video, which was released today, focuses on Mayor Haslam's conviction that improving education is fundamental to job creation and economic development. Mayor Haslam has developed a five point plan that highlights the need for higher expectations, developing well trained principals, making sure each classroom has a great teacher, ensuring that decisions are based on reliable data, and giving families educational choices.
Currently, Tennessee ranks 42nd on national educational assessments. In 2008, nearly 28,000 students dropped out of Tennessee high schools and only 22 percent of Tennessee adults over the age of 25 have a Bachelor's degree. Mayor Haslam knows from experience that these statistics make a difference when companies consider where to create jobs.
"If we want Tennessee to be the number one state in the Southeast for growing high-quality jobs, we must significantly improve our education system," Haslam said. "The skill level of our workforce has to be addressed and we have to make sure every child is prepared for the future."
As both a private citizen and Mayor of Knoxville, Mayor Haslam has been committed to education reform. Troubled by low high school graduation rates, he helped found Project GRAD, an effort to ensure at-risk children in Knoxville graduate high school prepared to enter and be successful in college. As Mayor, he also helped found Knox Achieves, a program which provides mentors to help nearly 500 Knox County high school students apply to college and community college scholarships each year, many of whom are first generation college students.
For more information, please visit www.BillHaslam.com
TN News Notes, 10/21/09
Lamar: Obama's Like Nixon
Sen. Lamar Alexander accused the White House today of resorting to Richard Nixon-like tactics in dealing with political opponents and advised the administration not to compile an "enemies list" like the former president.
"These are unusually difficult times, with plenty of forces encouraging us to disagree," the Maryville Republican said in a speech on the Senate floor. "Let's not start calling people out and compiling an enemies list."
Jeff Miller on Trial
In the first day of testimony during former state Sen. Jeff Miller's trial at Cleveland, his former secretary wept on the witness stand, reports the Times Free Press. Miller is charged with billing Bradley County for work he did not perform while serving as an attorney collecting overdue taxes.
The former secretary, April Miles, testified that Miller knew that work had not been completed - specifically on lien searches that were required - when he was paid. She was charged along with Miller originally, but reached an agreement with prosecutors that calls for her two serve two years on probation with her record expunged afterwards. Miller's trial continues today.
Leading in Sovereignty
A special legislative "Committee of Conference and Correspondence" held its first meeting Tuesday on how to promote the notion of state sovereignty under the 10th amendment. The panel heard suggestions from Bobbie Patray, who heads the Tennessee Eagle Forum, and voted to send a letter to other states urging a cooperative approach to curbing federal power over states. Republican Rep. Susan Lynn was elected chairman of the group. The Commercial Appeal and The City Paper both did stories on the gathering.
No Same Sex Marriage
About 16 people applied for marriage licenses at Chattanooga yesterday and were turned down because the couple were of the same sex. It was part of a protest, reports the Times Free Press.
Hatching Fish
The AP reports that a state fish hatchery - a pet project of House Speaker Kent Williams -- could be under construction within a year in East Tennessee The State Building Commission has approved funding to solicit bids for detailed architectural plans. TWRA Regional Manager John Gregory said he expects the agency to get the bids and begin building within a year's time.
The land was purchased from the city of Elizabethton for $198,000. TWRA is looking for federal and nonprofit funding, in addition to state money, for the $16.8 million project. Gregory said TWRA might build the hatchery in steps, beginning with facilities to produce trout hatchlings, then add endangered species later.
Wamp's Kids: It's Dad's Birthday, Send Him Money
First, there was Jim Kyle announcing that his birthday was at hand and that people should send him money.
Then there was Kim McMillan's parents announcing that it was her birthday and that people should send her money.
Now, Zach Wamp's kids want everyone to know that his birthday is at hand and everyone should send him money.
Note: My birthday is coming up next month and I, my mom, my kids, my wife and many others all agree that you should send me money. And I promise not to run for any office, ever.
Wamp: Rich in Knoxville
From a Wamp campaign release:Knoxville, Tenn. -- Country music star John Rich will endorse Zach Wamp in his campaign for Governor and entertain guests at a big fundraising event for Wamp next Monday night, October 26th in Knoxville.
The event's general reception begins at 6 p.m. at Gettysvue, 9317 Linksvue Drive, off Pellissippi Parkway in West Knoxville. Reservations to attend the $250 per person general reception can be made by contacting firstname.lastname@example.com or by calling 423-648-9946.
Wamp's event with John Rich in Knoxville is just the latest in a series of celebrity-filled fundraising events designed to help Wamp in his bid for Governor in 2010.
Gordon, Wamp Go Bipartisan Against Obesity
A joint news release:
Concerns about the growing number of overweight children and adults in Tennessee have led U.S. Congressmen Bart Gordon (D-TN) and Zach Wamp (R-TN) to introduce bipartisan legislation aimed at providing all Americans with regularly up-to-date information on physical fitness and effective exercise habits.
"A recent study found that more than 30 percent of Tennessee adults and children are overweight or obese," said Congressman Gordon. "To reverse this trend, we have to ensure that everyone has the right facts about what constitutes adequate physical activity so they can develop healthy lifestyles. Just like dietary guidelines, our legislation will require physical fitness guidelines to be updated every five years."
Congressman Wamp added, "Tennessee has the fourth-highest overweight population, according to the Trust for America's Health annual obesity report. The more people we can encourage to have a regimen of physical activity and take better care of themselves and their families, the better off we will be as a state and a nation. Publishing physical activity guidelines may help persuade Americans to live healthier lifestyles and avoid a lifetime of chronic disease."
In 2008, the U.S. Department of Health and Human Services issued its first-ever physical activity guidelines, which provided science-based guidance to help Americans aged six and older improve their health through appropriate physical activity. The Gordon-Wamp legislation, titled the Physical Activity Guidelines for Americans Act, would require HHS to update these guidelines for the public at least every five years and mandates new guidelines be based on the most current and up-to-date scientific and medical knowledge. The bill will also help fight the growing obesity epidemic by recommending separate exercise guidelines for children, adults, seniors and people with disabilities.
The legislation has already been endorsed by a wide coalition, including the American College of Sports Medicine, YMCA, National Recreation and Park Association, National Association for Sport and Physical Education and the U.S. Professional Tennis Association.
State Funding Board Approves New Rules for Bonds
The news release:
The Tennessee State Funding Board has approved a sweeping set of changes implementing enhanced requirements to the guidelines that govern cities and counties that propose to enter into interest rate swaps and other exotic financial transactions.
The revised guidelines are aimed at eliminating potential conflicts of interest by prohibiting individuals or companies from representing more than one side in derivative transactions. These revisions require greater transparency in the way information is reported and communicated about the transactions and require comprehensive disclosure of fees paid.
Cities and counties will have to demonstrate that they employ people with sufficient expertise to understand these complex transactions, including a chief financial officer and an accountant. Cities and counties must also meet minimum outstanding debt requirements and have an audit committee and a capital improvement plan.
Communities that do not meet all the requirements laid out in the guidelines have the option of appearing before state Comptroller Justin P. Wilson or his staff to explain that they fully understand all the risks involved and can comply with their debt and derivative management policy and the ongoing risk monitoring and reporting requirements.
"The goal here is not to prohibit cities and counties from entering into swaps, forward purchase agreements or similar transactions," Comptroller Wilson said. "Our goal is to make sure officials in these cities and counties really understand what they're doing. And the taxpayers who live in these cities and counties should know what risks are being undertaken and what fees are being paid on their behalf."
Comptroller Wilson became concerned after a number of cities and counties ran into financial trouble after using swaps and other derivative transactions to lower interest rates on their bond debt without fully understanding the risks involved.
On May 1, he presented the State Funding Board with a set of proposed changes to the guidelines. The guidelines approved by the State Funding Board Tuesday include revisions that were made after receiving public input throughout the spring, summer and early fall.
Other members of the State Funding Board are: Secretary of State Tre Hargett, Treasurer David H. Lillard Jr., Finance and Administration Commissioner David Goetz and Governor Phil Bredesen.
Missing Money in County Governments
The state comptroller's office has produced a report listing fund shortages in county government departments around the state last year - a total of $640,449 outstanding as of June 30, 2008. That doesn't include money recovered during the year or $31,764 in shortages turned up shortly after the June 30 cutoff date.
The biggest shortfall on the list is $160,405 in the Henry County Sheriff's Department. The smallest item is $50 in the Williamson County Court Clerk's office, which was subsequently covered.
Also reported are five cases of theft in county office. Perhaps the most notable is $1,157 in cash and a pistol taken from the Lawrence County Sheriff's Department.
Click HERE for the list.
Lamar Writing for Newsweek
Sen. Lamar Alexander, who was once president of the University of Tennessee, has written an article for Newsweek suggesting that universities should offer students a chance to get their college degree in three years instead of four.
Such a move, Alexander says, would save money for both students and colleges.
More on Traffic Cameras and the Legislature
House Transportation Committee Chairman Bill Harmon doesn't expect the Legislature to abolish use of cameras to catch motorists speeding or running red lights. But he tells Andy Sher, following two days of hearings by his committee on the subject, that there may be some changes in the works.
. "I don't think we'll abolish them by any means... There's a possibility we may put some additional restraints on them or maybe look at fluctuating some of the length of time on the caution light or the actual red light."
Meanwhile, Tennessee anti-camera activist Tona Monroe-Ball has set up a website devoted to the subject called Bring the Scameras Down!
Audit Finds Problems at Alcoholic Beverage Commission
Liquor is being sold in a growing number of Tennessee establishments, but the Alcoholic Beverage Commission has fewer agents to inspect the sellers, according to an audit of the ABC by the state comptroller's office that was released today.
The audit also found several other problems in ABC operations, ranging from failure to collect penalties assessed for violations to inadequate safeguards for keeping up with cash. There have been three cases of ABC employees stealing money in recent years.
Also, the audit says the ABC has not been running criminal background checks on license holders and that there's very little participation in the "Responsible Vendor Program" set up by the Legislature a couple of years ago.
The Responsible Vendor Program allows clerks to voluntarily go through a program designed to curb sales to underage drinkers. If they are certified,, they face lesser penalties for violations.
From 1980 to 2008, the combined number of liquor package stores and establishments selling liquor by the drink or in increased from 650 to 3,388, the audit says. Here's more on the statistics:
"During that same time, the number of agents employed by the TABC decreased from 34 to 31. Thus, the ratio of LBDs and retailers to agents increased from 19:1 to 108:1.
"During the 2008 elections, the number of cities allowing LBD by referenda increased by 14 (74 to 88), and the number allowing retail liquor stores increased by 10 (84 to 94). Additionally, according to TABC staff, there were significant increases in the number of special occasion events and educational events conducted, both regularly inspected by TABC agents.
"According to TABC management, as of September 2009 the approximate number of
restaurants in Tennessee licensed to serve liquor by the drink is 2,254. Agents focus on new applicants and renewals, establishments that appear more like a club, or those with a history of violations.
"In 2006, TABC agents inspected 92 restaurants and issued 92 citations for a violation
of section 57-4-102(27), Tennessee Code Annotated. In 2007, agents inspected 128 restaurants 25 and issued 128 citations. In 2008, 104 inspections resulted in 102 citations and two audits where no citation was issued because the restaurant was in compliance. For the first eight months of 2009, a total of 47 citations have been issued."
A full copy of the audit is available HERE.
Among other findings as listed in the audit:
1. In spite of three past cases of employee theft of cash, management of the
Tennessee Alcoholic Beverage Commission still has not established adequate
segregation of duties in the receipting, depositing, and reconciling of cash at the
Nashville office to effectively safeguard against additional fraud in the future.
2. Management of the Tennessee Alcoholic Beverage Commission has failed to
adequately document its review of the commission's written policies and
procedures manual and update those policies and procedures with needed
changes in a timely manner.
3. Management of the Tennessee Alcoholic Beverage Commission has failed to
effectively or efficiently pursue unpaid fines from citations in a timely manner.
4. The Tennessee Alcoholic Beverage Commission has operated the server permit
program at a deficit for two years without assessing fees sufficient to cover
costs of operating the program.
5. The Tennessee Alcoholic Beverage Commission does not perform background
checks to ensure those with criminal backgrounds do not obtain liquor licenses.
6. The Confidential Informant Fund (Petty Cash) was allowed to exceed the
$1,500 maximum on multiple occasions.
7. The Alcoholic Beverage Commission has not established an audit committee, nor
has the commission requested an exception as required by state law since 2005.
The 62 Special Changes Legislature Now -- Maybe Later, Too
Republicans gained control of two committees in the state House of Representatives last week because of a special election that may also have set the stage for far greater GOP gains in next year's regular elections.
In House District 62, Republican Pat Marsh won a seat previously held by Democrat Curt Cobb, who resigned the seat and triggered a special election held last week. Marsh defeated Ty Cobb, the former legislator's brother, with 56 percent of the vote.
The overall the Republican majority in the state House changes from 50-49 to 51-48 because of the election. That, in turn, will transform the delicate partisan balance House Speaker Kent Williams had established in House committees.
Republicans will now have a one-vote advantage on two committees that were previously equally balanced.
(Former Rep. Cobb sat on the Commerce and Health Committees, both with an equal number of Republicans and Democrats. Williams said last week he hopes to put Marsh, a trucking company owner, on the Transportation Committee, also equally balanced.)
The addition of Republican Marsh to the partisan mix will also mean new Republican majorities on at least a couple of subcommittee. The upshot is that the handful of bills resulting in tie votes in the committee system during 2009 legislative session could tilt to the GOP in 2010.
Elections Ahead
Beyond such immediate impact, Republicans hope - and Democrats fear - that the election last week was a bellwether for other tilting to come, especially in the 2010 legislative elections.
The legislators elected then will decide how district boundaries are redrawn for the state House, state Senate and the U.S. House in either 2011 or 2012, after results of the 2010 census are tallied.
As a matter of practical politics, Democrats have virtually no hope next year for taking control of the state Senate, where Republicans now enjoy a solid 19-14 majority. That means Democrats must gain a majority in the House to have any input on drawing the new lines, which will impact political races for the next decade.
In post-election comments, leaders of both sides said that House District 62 was mostly decided on the basis of candidate personality and popularity in a district that covers all of Bedford County, most of Lincoln and three precincts in Rutherford.
Marsh, who grew up in Lincoln County and now lives in Bedford with many citizens working for his business, simply was better known and liked than Cobb, a UPS truck driver for 22 years. State Republican Chairman Chris Devaney says the last GOP ads focused on his superior qualifications.
"They tried to run a big city campaign in a rural district," said Devaney.
Marsh was so well-known, he said, that Democratic ads attacking Marsh's personal wealth and his business's failure to pay taxes timely did not resonate.
House Democratic Caucus Chairman Mike Turner agreed the anti-Marsh ads "didn't take."
He and state Democratic Chairman Chip Forrester also said Republican attacks on Cobb - linking him the President Obama and U.S. House Speaker Nancy Pelosi as well as the activist group ACORN - were ineffective and played no role in the outcome.
The bottom line, said Turner, was "we had a popular guy, but they had the most popular guy."
Devaney stressed that a "stellar candidate" and a "strong grass roots campaign" were the most important factors, but also credited an ability to "tap into that national mood" of unease over policies of Obama and the Democrat-controlled Congress.
Both sides sent considerable money and had multiple volunteers in the district. Though final financial disclosures are not available, Democrats apparently outspent Republicans - certainly on television. Turner said the Caucus spent about $77,000 on TV ads; Devaney said the GOP budget was $20,000.
Republicans apparently also had better polling. Turner said a poll two weeks before the election showed Cobb ahead by five point. Devaney says that, at about the same time, the GOP polling showed Marsh up by eight.
Looking ahead in House races, there is another House special election coming up, in District 83, where Rep. Brian Kelsey, R-Germantown, has resigned to run for the state Senate. The district leans Republican, though both sides say they anticipate a spirited campaign. The contest is just beginning, with primary election scheduled Dec. 1 and the general election Jan. 12.
The really key contests will not take shape until late next summer, following August primaries. Turner said Democrats will focus on unseating about a dozen House Republican incumbents, especially those where Republicans took Democratic seats in 2008.
In 2008, five incumbent Democrats resigned and the GOP won three of those seats in a year when Obama lost Tennessee by a landslide at the head of the ticket. That made it a bad year for Democrats generally, Turner says, but the opposite may be true in 2010.
The House 62 defeat, Turner said, was "not a fatal wound - merely a setback."
But Devaney said the District 62 race should be a cause of concern to Democratic incumbents in other districts that are not strongly tilted to their party. He mentioned Democratic Reps. Butch Borchett of Camden, Dennis Ferguson of Harriman, George Fraley of Winchester and Eddie Yokley of Greeneviille.
"I think this win proves that, with the right candidate, we can come in and win in any district with a good grassroots campaign," he said.
Campaigns for Mayor, East and West
In Knox: The Two Tims
Rebecca Ferrar has a rundown on the developing race between state Sen. Tim Burchett and former Sheriff Tim Hutchinson for Knox County mayor.
At this point, political observers give Burchett the edge. But some warn against overlooking Hutchison. Even with his late start, the veteran politician would be a formidable candidate.
In Memphis, the Aftermath
The Commercial Appeal says about one-third of Memphis Mayor-elect A C Wharton's $336,000 in donations came from attorneys. The count is based on disclosures filed as of Oct. 8 and, the CA notes, the leave out any lawyers who didn't list their profession on forms, gave less than $100, or turned in last-minute contributions.
Wharton is expected to resign as Shelby County mayor on Oct. 26 and "run across the street right quick," says another CA story. Wharton sees "no honeymoon."
The issues facing Memphis' newly elected mayor are accumulating even as he organizes a hasty transition focused on making the first 90 days set the tone for what Wharton hopes will be at least six years of his administration.
The mayor-elect also did an interview with the Tennesseans's Dwight Lewis.
While Bredesen is Away, He Still Gets Play
While Gov. Phil Bredesen is out of the country on a trade mission to Japan and China, there seemed to be a minor Bredesen praise mission afoot back home on Sunday. Well, at least he was getting attention.
The Kingsport Times-News reported that candidates who want to succeed him called for continuing his program of giving tax breaks as a business recruiting tool during a Tennessee Economic Development Council conference. A sample of comments:
"I want to continue programs like Governor Bredesen has started," said Democrat Mike McWherter. "I think continuity is very important in state government."
"You can't say you're not going to do anything because this is a competitive world," said Republican Bill Haslam.
"We've got to spread (incentives) around as much as we can," said Republican Zach Wamp.
In Chattanooga, a Free Press editorial hailed Bredesen for his criticism of the potential impact of national health care reform on state government financing, which has been used by Sen. Bob Corker and others in attacking the Democrat-sponsored efforts in Washington.
With highly respected Democrat Gov. Bredesen and highly respected Republican Sen. Corker coinciding in their warnings, the people of Tennessee -- and the rest of the country -- had better take notice.
In Nashville, The Tennessean ran a story on Bredesen's health care activities - including the observation this his name was "conspicuously absent" from a letter signed by 22 other Democratic governors urging Congress to push ahead with a reform bill.
Bredesen says he can't support the current reform plan because he is not convinced that it will cover everyone in America who lacks insurance. But he is convinced of the costs. His complaints about the cost to state governments probably will be echoed in coming weeks by other governors, observers said. Regardless of their public stances, the governors of most states face steep drops in revenues and rising demand for services.
TN Political Notes, 10/17/09
Ramsey Will Fight Like Bredesen?
Republican Ron Ramsey is invoking the health care bill proposed by "liberal tax and spend Democrats" in Washington -- and quoting Democratic Gov. Phil Bredesen - in his latest email fundraising solicitation.
An excerpt:
Is it any wonder that Governors in many states are worried about the harm the Baucus health care bill will do to state budgets? Governor Bredesen was recently quoted as saying "I can't think of a worse time for this bill to be coming." As Tennessee's next Governor, you can be sure that I will fight hard to protect our state from the coming tidal wave. I can't be successful without your help. Won't you make an immediate contribution to my campaign of $100, $75, $50 or $25?
We must fight to protect Tennessee from the enormous costs that the Baucus bill will attempt to pass on to each state in the way of administrative costs that will be incurred to comply with new federal mandates. The liberal Senators in Washington have already adopted many amendments during their committee hearings - amendments that will cost states billions of dollars. As your Governor I will fight these budget busting tactics every step of the way.
Gibbons In Memphis & On Meth
Shelby County District Attorney Gill Gibbons opened his gubernatorial campaign headquarters in Memphis last week and reminded those on hand that, of the four major GOP contenders, he is the only one who is west of Chattanooga. Excerpts from the Memphis Daily News report:
"The linchpin of our strategy is to do very well in Shelby County. ... We cannot afford eight more years of neglect in the governor's office," Gibbons said in a jab at outgoing Democratic Gov. Phil Bredesen. "I'm battle tested."
Also, said he is the only candidate in the pack who is emphasizing crime as an issue.
"Not a single time have any of my opponents mentioned crime as a problem - ever," he said of the joint appearance
In a trip to Bradley County, Gibbons was talking up his anti-meth program, reports the Chattanooga Times Free Press. He's done a news release on his proposal, which includes a five-point plan.
Herron: Give Kids Computers
In a Chattanooga speech, Democratic gubernatorial candidate Roy Herron said he wants to make sure that every child in Tennessee "has a computer and knows how to use it" before reaching high school.
He also discussed pay rates for teachers "based on the competitive free market," says the Times Free Press, which reported on the Herron and Gibbons visits to Southeast Tennessee in one story (same link as above).
The 83 Lineup -- For Now
Jackson Baker runs down the lineup of potential candidates, so far, for the House District 83 seat vacated by Brian Kelsey, who is running for the state Senate. The deadline for filing as a candidate is Oct. 22
The GOP hopefuls are Mark White and John Pellicciotti.
White, a businessman whose company sells home theater cable and audio-visual products, was a candidate for the District 83 seat in 2004, the year Kelsey won it. He was also the Republican nominee for the 9th District congressional seat in 2006.
Pellicciotti, who works in high-tech sales, made two previous unsuccessful races against incumbent Democrat Mike Kernell in District 93, an all-Memphis district which adjoins the more suburban District 83 to the west.
Reportedly there is a move among Democrats to promote Shelby County commissioner Steve Mulroy as a candidate in District 83, which spreads across East Memphis and Germantown. Independent John Andreucetti has filed a petition to run for the seat.
Mulroy, Baker says, is also considered a potential compromise candidate for selection as interim county mayor after A C Wharton resigns to become Memphis mayor.
An LLC Hypothetical or Two
Noting that state law allows a limited liability company (LLC) to keep its ownership secret, Frank Cagle poses a hypothetical situation or two. Say, for example, if a government official wanted to rent his office building to the government, he or she could have the building titled to an LLC and no one would know.
Another Cagle hypothetical:
Suppose a county decides to put together an industrial park. Or a megasite. Options are secured and a tract is put together by an LLC which then sells it to the state or to an industrial development board. We don't know if any local politicians or their family members may have had an ownership. Since everything occurs in secret, how would you know? If the state buys a tract from an LLC, who knows who the real owners are?
There has been some rumbling on the rumor circuit about a well-positioned LLCs being tied to a political figures or figures. But it's probably only a hypothetical. Surely.
Incidentally, LLCs can legally donate to Tennessee political campaigns.
Congress Sending Money to TN, Eyes Stopping Nuclear Waste
Hews stories on Washington doings of interest to Tennessee:
Funding Flow to Dams
Congress has approved millions of dollars in funding for repairs to Wolf Creek Dam on the Cumberland River, upstream from the Tennessee border, and Center Hill Dam on the Caney Fork River, a Cumberland tributary. The Tennessean has details.
$94 Million for Nuke Weapons
The Y-12 nuclear weapons plant at Oak Ridge will get $94 million in the current fiscal year - almost twice as much as the Obama administration requested. Sens. Lamar Alexander and Bob Corker made and announcement. The News Sentinel has more.
No to Nuke Waste?
Republican Sen. Lamar Alexander and Democratic Rep. Bart Gordon are sponsors of legislation to stop Italy from sending low-level nuclear waste to the United States, possibly for storage in Tennessee. The Associated Press has a report; so does The Tennessean.
McCord's Ticket & Notes on Traffic Cameras
State Rep. Joe McCord, who is a leader in the growing legislative crusade to restrict use of cameras to issue traffic tickets, acknowledges that he now has a personal interest, if not a conflict, in the issue... well, sort of.
No, he said, contrary to some rumors, he has not personally been cited by one of the red light cameras. But a citation arrived at his family's Blount County farm operation not long ago, declaring that one if its vehicles had been caught running a red light in Knoxville.
"We looked at the picture and it was a Budweiser truck," McCord said. "I don't have anything against beer, but we don't raise it on the farm."
The McCord explanation:
The farm operation has an old truck, well past its prime for most functions, that can still be used to haul manure or whatever between locations on the farm property. No license plate is needed on private property, which is the only place the vehicle is now used, so the license plate was not renewed and allowed to expire.
Apparently, the state issued a new plate with the same numbers as the expired tag to another vehicle and that truck (allegedly) ran the red light. The camera took a picture of the apparent violation, and the license plate, and sent the citation to the owner of the expired tag, not the new one. (Which may say something for state record-keeping efforts,)
After presenting the explanation, the representative says, the fine was avoided.
The House Transportation Committee held hearings for two days this week on the use of cameras to catch traffic law violators and will hold another hearing on the subject before the 2010 session begins.
McCord told colleagues he has heard from more angry constituents most of them mad - about the issue than anything since the state income tax uproar of a few years back. Some other legislators - Reps. Richard Floyd, R-East Ridge, and John Litz, D-Morristown, for example - also said they had been deluged by comments from constituents.
Judging from reader response to a couple of stories about the hearings (one available on this blog below, the other HERE), they may have a point.
(My office phone number is available below all stories, basically inviting folks who have read the story and work up a head of steam about the subject, to call and vent. The callers have already roughly reached the level inspired by reports on what some called the "guns-in-bars" bill -- though nothing remotely approaching anti-income tax levels.)
There are traffic cameras now in only 13 municipalities (up from three just a couple of years ago), but they are being actively marketed by the private vendors to other towns. It's an issue with two valid but conflicting perspectives - the public safety need to make motorists pay attention at dangerous places on the road and the fear of unwarranted governmental intrusion through mechanical monitoring. Not to mention that some consider it a backdoor means of taxing people.
It's a pretty safe bet that the matter will be a big bone of contention next session.
An Opponent's Perspective
Tona Monroe-Ball of Greenback, who testified to the House committee in opposition to the red-light cameras as "state activist" for the National Motorists Association, has sent legislators (and me) a couple of emails with a lengthy rundown on research and commentary on the subject. Here's a small sample, commenting on the question of whether they're constitutional.
Constitutional Issue
The Minnesota Supreme Court struck the cameras down as unconstitutional, while Tennessee did not on the same merits. Alaska and Nebraska also struck the cameras down as unconstitutional. The Indiana AG struck the cameras down. The courts have nearly always struck down the camera tickets when the violation is criminal, but when it's civil there have been inconsistent rulings. The inconsistency of the Constitutional question occurs when the infractions are labeled civil. When labeled criminal, most of the courts have determined that cameras are not constitutional.
Here's a link to the Minnesota decision that struck red-light cameras down as unconstitutional.
What's also important to note is that Tennessee's situation parallels Minnesota's more than any other state. Cities in TN started issuing tickets before the state sanctioned them. The same thing happened in Minnesota, and now the cities in Minnesota are going to have to refund the money. Tennessee cities should have to do the same thing, but our state courts issued a different opinion for identical circumstance. All cities revenues collected prior to the State of Tennessee sanctioning the cameras should be refunded to the motorist.
Alaska Appeals Court strikes photo enforcement down.
While Tennessee's Attorney General affirmed red light Cameras, Indiana's AG found them illegal. Again it's important to note that the AG said Indiana had not given the cities permission to put cameras up. Knoxville and other cities had the cameras up and running without permission from the state. The TN AG should have been determined the cameras to be unlawfully prior to state permission for the cameras.
Nebraska also struck the cameras down through judicial action.
Essentially Tennessee's AG and court system has been one of the few states that has upheld the cameras. Most have not upheld cameras when challenged.
The growing trend is to ban the cameras because the safety issue is not so widely accepted as beneficial across the country, and in fact the cameras are viewed as dangerous throughout many states. You can view the list of the 14 states that have banned the cameras through judicial (Constitutional) or legislative action and their reasons for doing so here.
P.S. If you're interested, let me know and i'll forward her emails to you.
Ethics Commission OKs Donations by PACs LInked to Lobbyists
A political action committee's February donation to Bill Haslam's gubernatorial campaign was legal, though the PAC would have run afoul of state law if giving to one of the gubernatorial candidate who is a state legislator, according to a Tennessee Ethics Commission opinion.
The advisory opinion, approved at a Commission meeting last week, involves two provisions of state law - once prohibiting direct political contributions to candidates for governor or the legislature by lobbyists and another banning contributions to sitting legislators or the governor when the General Assembly is in session.
The opinion was requested by Housing Industry PAC, operated by the Home Builders Association of Tennessee.
According to stated facts in the opinion, the association's executive director, Susan Ritter, is a registered lobbyist. The PAC, as a separate legal entity, does not have a lobbyist but Ritter and another lobbyist retained by the association provide the PAC with advice on contributions. The PAC's board of directors makes a final decision on donations.
In that situation, the opinion says, the PAC is not controlled by a lobbyist or the employer of a lobbyist and the ban on lobbyist contributions is thus not triggered, assuming the board "is not merely rubberstamping" to lobbyist advice, the opinion says.
The ban on in-session donations to legislators or the sitting governor, meanwhile, does not apply to those who are only running for either legislator or governor.
Thus, the donation to Haslam's campaign while the legislature was in session was fine. But a donation to Lt. Gov. Ron Ramsey, a Republican candidate for governor, or to Democratic candidates Roy Herron and Jim Kyle, who are state senators, would be prohibited.
"It's an awfully close association (between lobbyists and the PAC), but the way the law is written, I'm sure they (commission members) are right, legally," said Dick Williams, who heads Common Cause in Tennessee.
We're No. 1! In Sales Taxes
In its annual update on state taxation, the Tax Foundation again places Tennessee at the top of the list for combined state and local sales taxes. Together, they average 9.41 percent in Tennessee, the report says.
The state rate on general purchases is 7 percent (groceries at 6 percent) while local governments may add as much as another 2.75 percent. Last year, the Tennessee average rate was listed by the foundation as 9.36, which was still good for the No. 1 ranking that has held, more or less, since the 2002 sales tax increase.
The average local rate increased to 2.41 this year. (Annual increases in the average rate can be attributed to cities or counties boosting their rates a bit.)
The full table of state sales tax rates is HERE.
In a separate report, the Tax Foundation says Tennessee ranks only No. 3 in reliance on sales taxes a percentage of state revenue (56.8 percent), behind Washington and Nevada, two others states that have no personal income tax (there are 9 total).
The leader in reliance on income taxes is Oregon; on property taxes New Hampshire; and on severance taxes and license fees (which the report combines with other odd-end taxes), Alaska.
Wharton Romps in Memphis Mayor Race
With about 60 percent of the vote in a 25-candidate field, A C Wharton has won a special election to succeed Willie Herenton as Memphis mayor.
From the Commercial Appeal report:
Wharton, 65, becomes the city's first new mayor in nearly 18 years, replacing the controversial Herenton, who retired from his fifth term on July 30 under the cloud of a federal investigation.
Wharton will serve out Herenton's unfinished term until 2011. He'll be sworn in after the Shelby County Election Commission certifies the election results Oct. 26.
"It's not about me, it's about our city," Wharton said during his victory speech Thursday night to a crowd of cheering supporters at Minglewood Hall in Midtown. "Because of the voters, what was once a dream is now reality."
Now, Wharton is expected to resign his current post as Shelby County mayor, triggering another round of political competition. After his resignation, the county commission will pick an interim successor to him as county mayor... and so on.
Tax Talk in the Legislature -- At Least for a Moment
(Note: Revised and corrected from earlier post to insert reference to Lois DeBerry)
House Speaker Emeritus Jimmy Naifeh, after listening to a discussion on the need for continuing budget cuts in state government, urged consideration of tax increases as an alternative Thursday.
"No one has got the backbone or the guts to even talk about revenue enhancement," declared Naifeh during a meeting to brief House leaders on the status of the state budget as tax collections continue to fall.
Naifeh gave a review of past state sales tax increases, most recently in 2002, and noted they have historically come about every eight years. But his call to consider increasing taxes now got a generally cool reception.
House Budget Subcommittee Chairman Harry Tindell, D-Knoxville, who was presiding over the meeting, said Naifeh's remarks were out of place.
"The purpose of this meeting is not to pave the way for such action," Tindell said. "It is to educate and inform members."
Naifeh's successor as House speaker, Kent Williams, said "our whole country is in a deep recession and I don't feel this is the time ot try to increase our revenues with any type of higher taxes."
"I think the Legislature has done a tremendous job, along with the administration, to control our budget and try to spend our dollars wisely," Williams said. "I think that's what we need to continue to do."
The only lawmaker present who backed Naifeh -- at least somewhat -- was House Speaker Pro Tempore :Lois Deberry, D-Memphis, the most senior state representative.
"I just want to go on record as sporting Speaker Naifeh," she said. "I just think it's irresponsible not to even talk about it (some form of tax increase)... We may not do it, but we need to talk about it."
Congressional Candidate Money Notes
Fleischman: $255,000 in Self-Financing
From the AP:
Some Republicans campaigning to be Rep. Zach Wamp's successor in Tennessee's 3rd congressional district are relying heavily on their own money so far, 10 months before the primary voting.
Chattanooga attorney Chuck Fleischmann's campaign reports getting $372,000, including $255,000 loaned by Fleischmann.
Art Rhodes of Cleveland reports his campaign received $111,000 through Sept. 30, including a $75,000 loan out of his own pocket.
Former state GOP chairwoman Robin Smith reports $149,000 raised, all from contributions.
Bradley County Sheriff Tim Gobble reports receiving a total of $43,000 in contributions.
Democrat Paula Flowers reports contributions totaling $126,000, and Democrat Brent Benedict shows he received $10,000.
Fleischmann said Thursday that he made the loan to his campaign because people want a candidate who has a financial stake in the campaign and is not "just using other people's money."
He said he intends to make additional loans to his campaign. He expects campaigns will have to spend between $750,000 to $1 million on the primary race
Fincher Raises $300,000
Republican Stephen Fincher's campaign says it raised $303,250 in September in its bid to unseat longtime Democratic U.S. Rep. John Tanner, with all but $2,900 raised in donations coming from the pockets of Tennesseans, according to The Jackson Sun.
Tanner will report about $55,000 raised during this past quarter (July-September) but about $1.4 million on hand.
Davis Still Paying Debt
Former U.S. Rep. David Davis is still trying to pay down post-election debt while mulling an attempt to retake Northeast Tennessee's 1st Congressional District seat in 2010, reports the Kingsport Times News.
According to his October filing with the Federal Election Commission (FEC), Davis personally loaned his campaign account $25,000 and then paid $25,000 to a Lexington, S.C., firm for "various invoices" related to advertising during the 2008 election cycle. Davis' outstanding debt with creditors stood at nearly $67,000, not including a total of $245,000 in personal loans he has made to his campaign account, according to the FEC filing.
Herenton: Money No Worry
Former Memphis Mayor Willie Herenton says he doesn't plan to start fundraising for Tennessee's 9th Congressional District race until early next year and he's not concerned about the advantage that might give his opponent.
Herenton told The Associated Press on Wednesday that he filed a document with the Federal Election Commission saying his campaign hasn't raised any moneys or made a loan in excess of $5,000.
Thursday was the deadline for congressional candidates to submit their campaign fundraising reports.
Herenton's opponent, fellow Democratic Rep. Steve Cohen, did not immediately return a phone call about his campaign figures.
However, regardless of Cohen's numbers, Herenton says he's not worried and plans to start fundraising events in January.
McMillian's Mom & Dad: It's Kim's Birthday, Send Her Money
The emailed invitation:
It is our daughter Kim's birthday and we hope you will join with us in wishing her a Happy Birthday! Kim has a long campaign ahead of her and she needs your gift of support.
Kim is running for Governor of Tennessee because she believes in a bright future for all Tennesseans. We couldn't be more proud of her and we know she is going to work hard every day to bring new jobs to our state, improve our education system, and expand coverage options so that every citizen has access to affordable healthcare.
As you know, running for Governor takes all of us coming together. Please join with us, and with Kim, to move our state forward. In celebration of Kim's 48th birthday, please donate $48 now to her campaign!
Kim needs your help to have her positive message heard across Tennessee. She worked hard for all Tennesseans during her twelve years in the House of Representatives, as the Majority Leader, in Governor Bredesen's Cabinet and in partnership with Austin Peay State University and Hemlock Semi Conductor to bring new jobs to our state. Kim has the right experience to serve as our next Governor and we know she'll do a great job.
Even as a little girl, Kim always sought to improve the lives of those around her and we are so proud to see her continuing to give back and make a positive difference for all Tennesseans.
Join us in the celebration by contributing $48, or whatever you can afford, to Kim's campaign now!
For Kim's 48th birthday, help us show her we appreciate her and support her campaign for Governor. I know she is grateful for each of you so much and it would mean so much for her to have your warm and generous response.
Roy and Celia Ambrester
P.S. Kim just told us about a new poll from the Nashville Business Journal which shows her leading over the other Democrats in her race for Governor and that she'll be letting us know the details soon. We're going to be keeping an eye out on her website to learn more about it. In the meantime, help her keep up this momentum by contributing $48 for her 48th birthday by making a safe and secure online donation.
Sometimes Legislators Say Honest Things
"I've had tickets all over the state of Tennessee. I've been guilty every time."
Comment from House Transportation Committee Chairman Bill Harmon, D-Dunlap, during debate Wednesday over the use of cameras to ticket motorists.
Flowers Fundraising: $125,000 So Far
From the news release:
3rd District Congressional Candidate Paula Flowers released her quarterly fundraising totals, reflecting her first full quarter of fundraising efforts. Flowers raised more than $82,000 this quarter, bringing her total contributions to date to over $125,000. The quarterly FEC report represents financial support from over 300 Tennesseans and leaders at the local, state, and federal levels of government.
"I am honored by the confidence shown in my candidacy by over 300 Tennesseans--Democrats, Republicans, and Independent supporters alike--and I will put my experience to work for them," Flowers said. "Tennesseans recognize there is no time for on-the-job-training for the next Congresswoman from the 3rd District."
Registry Wants Barnes to Explain Lawyer Fees
The Registry of Election Finance voted Wednesday, in effect, to require that state Sen. Tim Barnes explain why he reported no payments to lawyers during last year's legal battle over his Democratic primary contest with former Sen. Rosalind Kurita on his campaign finance disclosures.
Officially, the panel scheduled a hearing wherein Barnes, D-Clarksville, must "show cause" why he should not be subject to a civil penalty for what could amount to donations to his campaign in the form of free legal services.
The move was described as "breaking new ground" by Registry Board member Will Long, who voiced some misgivings about it but ultimately joined other board members to make the vote unanimous.
The vote is a second tentative victory for David R. Nemirow of Clarksville, who filed complaints against Barnes earlier this year. The board, in response, voted in August to assess a $500 penalty against the senator for failing to appropriately report payments to campaign workers on his campaign disclosure. Barnes has asked that the Registry reconsider that decision.
But the board had previously dismissed the portion of his complaint related to lawyer fees.
Nemirow contends that Barnes had lawyers representing him in the dispute over who won the August, 2008, Democratic state Senate primary against Kurita and their fees, if any, should be reported as an expense of election and, if the lawyers charged no fees, the disclosure should report the free legal service as an "in-kind" contribution to the campaign. Barnes reported neither.
(On election day, Kurita was declared the winner by a handful of votes. But the Democratic Executive Committee decided to throw out the results and award the party nomination to Barnes because of irregularities in voting. From there, things went into court and Barnes has prevailed.)
In an initial appearance before the Registry on the issue, Nemirow says in the revised complaint considered by the panel on Wednesday, he was told there was really no evidence that Barnes really had attorneys.
He subsequently went to court offices, collected records and produced documents indicating Barnes was represented by seven lawyers from three law firms - notably including George Barrett, who appeared before the Registry in August to represent Barnes.
"I wrote to the various firms cited and asked about how they were paid for services rendered to Mr. Barnes," Nemirow wrote in the revised complaint.
Barrett's firm replied, he said, that they "do not discuss client matters with anyone other than the client" - thus "implicitly" acknowledging that Barnes was "a paying client."
Registry board members debated the matter at some length. Rawlins said that, under state law, if the lawyers had donated their time and were not paid by anyone - the law firm or the client - the legal services would be treated the same as a volunteer stuffing envelopes or putting up yard signs. In such cases, the volunteer services are not considered, legally speaking, a campaign contributions.
On the other hand, if the lawyers received any compensation for their labors, however that was arranged, the donation could be an "in kind" contribution to help the election effort, he said.
Long at one point said that demanding Barnes produce proof that the lawyers received nothing could open the door to every volunteer being required to file an affidavit that he or she had not received any money for their labors - discouraging volunteers in the political process when they should be encouraged to get involved.
"As we sit here right now, I find it hard to believe that these attorneys didn't get paid," replied Lee Ann Murray.
Board member Patricia Helm agreed, saying Nemirow had at least raised a reasonable "probable cause" question about whether the lawyers either received payment that should have been reported or made an "in-kind" donation of services that should be reported.
The panel then voted to hold a "show cause" hearing on the issue.
"From the way I dress, they assumed me to be a dummy," Nemirow said after Wednesday's vote, adding suggestions that his earlier efforts were rejected inappropriately. "Now they're at least listening."
As on prior occasions, the bald and stocky Nemirow, an activist in supporting Vietnam veterans and motorcycle enthusiast, wore jeans, a tee shirt and a black leather vest emblazoned with slogans related to his favored causes.
Registry Threatens Legislator with Subpoena
The Registry of Election Finance Board voted Wednesday to subpoena records from state Rep. Joe Towns if he fails to turn them over voluntarily by Nov. 2.
Towns, D-Memphis, was selected earlier this year to be among legislative candidates to face a random audit of 2008 financial disclosures, as provided by the state ethics law reform enacted in 2006.
But Towns has failed to respond to multiple requests that he turn over the necessary documents for review, said Drew Rawlins, executive director of the Bureau of Ethics and Campaign Finance.
In one case, Rawlins told the Registry board, he personally handed Towns the notice that he was subject to a random audit and must provide records to support information contained on the campaign finance disclosure statements filed.
State law forbids auditing of a legislator's records while the General Assembly is in session, Rawlins said, and if no response is received by the end of the year, further proceedings on the audit will be postponed until after next year's session.
Rawlins proposed that the board issue a notice to Towns that he is subject to a civil penalty (of up to $10,000) for failure to respond to the request and that a hearing on the penalty be held at the board's November meeting.
At the initial suggestion of board member Lee Ann Murray, the panel included in the motion instructions to Rawlins that he initiate the necessary legal proceedings to have Towns' records subpoenaed on Nov. 3, if Towns has not produced the documents by the day before.
The motion was approved unanimously.
Towns has been fined several times in the past for violations of campaign finance law - typically for missing deadlines for turning in required disclosure reports.
Legislators Criticize Camera Traffic Tickets, Eye Changing Law
Several legislators criticized the use of cameras to issue traffic tickets Wednesday during a hearing on whether state laws should be revised to put more restrictions on the practice.
Representatives of police departments in Knoxville, Chattanooga and Gallatin told the House Transportation Committee that traffic cameras are reducing accidents and saving lives. But they faced sometimes critical questioning and comments from the lawmakers.
Rep. Richard Floyd, R-Chattanooga, said private companies operating the systems are "making money had over fist" while "intimidating the daylights out of our citizens - particularly the elderly."
Rep. Joe McCord, R-Maryville, said after Wednesday's meeting that he opposes "privatizing fines for profit" and suggested consideration of a law to require that companies only receive payment for services rather than splitting revenue with cities, as is now the case in Knoxville and other municipalities.
Other proposed changes came from Ron Brown of Oak Ridge and Tona Monroe-Ball of Greenback, who both have challenged tickets they received for running red lights at cameras in Knoxville.
Monroe-Ball, who said she was a "state activist" for the National Motorists Association, was successful.
Brown was not, telling lawmakers that he was appealing to them after a court fight that cost $5,000 and ended with the state Court of Appeals upholding the $50 fine against him. Brown said he has lost faith in the judicial system, but "I have a little more faith now" in the Legislature after hearing lawmaker comments.
Among the proposed changes in state law:
-Require that the yellow color remain for at least four seconds before changing from green to red at intersections with cameras monitoring red lights. Longer periods of yellow would be allowed in accord with national standards in areas with higher speed limits.
-Giving motorists one second of leeway after the light changes to red. Monroe-Ball said many tickets are now based on a half-second of red time, while research shows the worst accidents occur after nine seconds of red time - indicating the motorist is deliberately ignoring the signal.
-Prohibiting tickets when a motorist turns right on red after appropriately slowing and yielding to any oncoming vehicles, rather than using the current rule of issuing a ticket if the motorist fails to come to a complete stop.
-Requiring that at least a portion of revenue generated by camera tickets be spent on public safety, driver education or law enforcement.
Chattanooga, where cameras are used to enforce speed limits as well as red lights, previously required that all its revenue go toward traffic enforcement or driver education, but the City Council recently changed its ordinance and took $400,000 for other purposes.
After some legislators criticized the move, Chattanooga Police Chief Freeman Cooper told the legislators that he cannot control the council's decisions.
"Maybe we can help you," responded Rep. Bill Harmon, D-Dunlap, chairman of the committee.
The revenue Knoxville receives from red light cameras goes into the city's general fund with no restriction on how it can be used. Police Capt. Gordon Catlett, who oversees Knoxville red light camera system, said the system has brought the city about $2.3 million since it began operating in 2006.
State Rep, Matthew Hill, R-Jonesborough, said the current system "comes dangerously close to convicting someone by fiat" and Rep. Tony Shipley, R-Kingsport, said many citizens will pay the fine in an "admission of guilt for convenience," even if innocent.
Shipley and other legislators questioned whether the system was unconstitutional. Catlett said the state attorney general and the courts have declared it constitutional.
Catlett presented statistics showing that motorists, in the first half of 2009, were running red lights at a lower rate at 15 intersections with red light cameras and there have been fewer accidents - strong indicators that the system is working.
Turner: Democrats Can Still Win Back the House
From the AP:
Democratic House candidate Ty Cobb had an abundance of campaign cash, a coveted endorsement from a prominent anti-abortion rights organization and a family history that includes his father and brother perviously holding the seat he sought. He still lost by 15 percentage points.
House Democratic Caucus Leader Mike Turner on Wednesday nevertheless declared Wednesday that he's undeterred in his goal of regaining control of the chamber in 2010.
Shelbyville businessman Pat Marsh won the House District 62 seat Tuesday night to give Republicans a 51-48 advantage in the House. Reeling Democrats have now lost five House seats since November.
"It's not like your dog getting run over, but it's a disappointment," Turner told reporters the day after the vote. Democrats had hoped that Cobb's name recognition and the endorsement by Tennessee Right to Life would give him the edge in the race.
"We had a popular guy, but they ended up having the most popular guy," said Turner, of Nashville. "This is not a fatal wound, it is merely a setback. We'll overcome it and we'll go forward."
Turner said he doesn't expect the loss to affect fundraising or candidate recruitment.
"The people who are true Democrats will continue giving to us and maybe give to us in greater numbers," Turner said. "We're going to raise a lot more money."
Turner's counterpart, House Republican Caucus Chairman Glen Casada of Franklin, said the win shows the GOP platform is resonating with Tennesseans.
"The mood of the state is going toward the conservative pro-business folks," Casada said. "We're fiscally conservative, we're socially conservative and this is the reason why the voters of Tennessee should vote Republican.
"It's proven to be a winning message."
Democratic Gov. Phil Bredesen congratulated Marsh on the win.
"Obviously I supported Ty Cobb, who was a good candidate, and I hope he will find other ways to serve his community," he said in a statement. "But I've always worked in a bipartisan manner, so now that the election is over, it's time to get back to work on important issues like education and the state budget."
Turner said low voter turnout in a special election complicated some of the grass roots efforts Democrats are working to implement. If the election had been held during a regularly scheduled general election, he said, "I'd like to think that the ground game we put together would have worked."
Tuesday's special election drew almost 9,000 voters, about 38 percent of the turnout in the last year's general election. But Casada said that number still reflects "a fair cross section of that district."
"I don't think if this had been in November, the outcome would have changed," he said. "It was a good win for Republicans."
Kyle: Today's My Birthday, Send Money
Senate Democratic Leader Jim Kyle says today is his birthday and suggests an appropriate gift - a donation to his gubernatorial campaign.
Here's part of the email sent around today (without the image of the birthday cake):
Dear Friend,
THIS DAY IN TENNESSEE HISTORY: October 14, 1950 - James 'Jim' F. Kyle, Jr. was born in Memphis.
Okay, so maybe this wasn't a 'significant event' that you learned about in school, but it's true. Today I turn fifty-nine years old.
I'm a year short of the big 6-0, but I have never felt more energized. That's because I've spent the last few months visiting with folks from all over our state. The people I've met may be hurting economically, but they are resilient--and they are searching for effective and innovative solutions for Tennessee.
That's why I'm running for Governor.
As is the case with any big job, I can only get there with your help. If you'd like to help me help Tennesseans as Governor, please consider giving me a little gift on my birthday.
Will you consider a $20 contribution today?
Devaney's Statement on House District 62 Win
From state party headquarters:
Tennessee Republican Party Chairman Chris Devaney issued the following statement after Republican Pat Marsh was elected to serve in the State House to represent District 62 which includes all of Bedford county and parts of Lincoln and Rutherford counties:
"There was no question from the beginning that Pat Marsh was the right man for this job," said Devaney. "Once voters learned about his conservative values and his experience, I knew they would want him representing District 62 in the legislature. Pat's campaign ran an impressive ground game - making more than 15,000 direct voter contacts. He was also very accessible to the voters, which made a difference in this race. I'm looking forward to seeing Pat sworn into the 106th General Assembly so he can start fighting for lower taxes, less spending and pro-growth policies that will help fuel job creation across the state."
District 62 is historically a Democrat district. Marsh prevailed over Democrat Ty Cobb whose brother Curt Cobb resigned the seat to take another government job. During this election, Democrats consistently touted their candidate's conservatism in an effort to appeal to voters across the district.
"Democrats tipped their hand in this election and demonstrated that their strategy to get their candidates elected is to have them run as Republicans," continued Devaney. "It seems that Democrats know they have to run as Republicans because the American people are rejecting policies being pushed by liberal Democrats at the local, state and federal levels."
Pat Marsh is a Lincoln County native and currently resides in Shelbyville with his wife Mary. He is a small business owner who built his business from the ground up. Big G Express, a trucking company, now employs over 500 people in Middle Tennessee. Marsh serves the community as a member and past President of the Rotary Club and is active in the Shelbyville Chamber of Commerce, the Tennessee Trucking Association and American Trucking Association. He also sits on the Board of the National Walking Horse Celebration.
Poll: Tennesseans Down on Obama, Vaccine, Guns in Parks & Bars
Results of the most recent Middle Tennessee State University poll were released today:
Here's the press release summarizing results:
Most Tennesseans have no plans to take the swine flu vaccine being unpacked across the state this week, the latest MTSU Poll finds.
Other findings show state residents concerned but divided about health reform; opposed to carrying handguns in parks, restaurants and bars; more negative toward President Obama than they were in the spring; indifferent about which party controls state government, and faintly hopeful of an economic recovery.
Asked whether they personally plan to get inoculated against swine flu, 38 percent of Tennesseans - about two in five - answer yes. A 52 percent majority say they do not plan to be inoculated, and the rest aren't sure or decline to answer.
"Polls around the country are registering concern about the vaccine, even though experts say it is perfectly safe," said Dr. Ken Blake, associate professor of journalism at MTSU and director of the poll. "Those concerns have shown up in our poll, too."
The poll also shows that only about half of Tennesseans think the government will be able to ward off a nationwide swine flu epidemic.
"Tennesseans may be leery of the vaccine, but they do seem concerned about the possibility of a major outbreak," Blake said. "That suggests the situation could change rapidly. If, for example, swine flu cases spike upward or appear increasingly dangerous, demand for the vaccine could rise."
Meanwhile, as the clearest-yet outlines of health reform legislation emerge in Congress, Tennesseans agree on little about the issue other than its importance. While about two-thirds of state residents consider health reform either very or extremely important, only 36 percent generally support the proposals that have been discussed in Congress so far, 46 percent oppose them, and a sizable 17 percent are unsure.
"And, as in Washington, attitudes here in Tennessee toward health reform divide sharply along party lines, with Republicans generally opposed, Democrats generally supportive, and independents wavering in the middle and often saying they just don't know," Blake said.
The poll also finds that majorities of Tennesseans oppose letting handgun carry permit holders take their weapons into public parks, restaurants and especially bars. Fifty-four percent of state residents oppose allowing permit holders to carry handguns in parks; 60 percent, in restaurants; and 80 percent, in bars.
Continue reading "Poll: Tennesseans Down on Obama, Vaccine, Guns in Parks & Bars"
Poll: Tennesseans Down on Obama, Vaccine, Guns in Parks & Bars
Results of the most recent Middle Tennessee State University poll were released today:
Here's the press release summarizing results:
Most Tennesseans have no plans to take the swine flu vaccine being unpacked across the state this week, the latest MTSU Poll finds.
Other findings show state residents concerned but divided about health reform; opposed to carrying handguns in parks, restaurants and bars; more negative toward President Obama than they were in the spring; indifferent about which party controls state government, and faintly hopeful of an economic recovery.
Asked whether they personally plan to get inoculated against swine flu, 38 percent of Tennesseans - about two in five - answer yes. A 52 percent majority say they do not plan to be inoculated, and the rest aren't sure or decline to answer.
"Polls around the country are registering concern about the vaccine, even though experts say it is perfectly safe," said Dr. Ken Blake, associate professor of journalism at MTSU and director of the poll. "Those concerns have shown up in our poll, too."
The poll also shows that only about half of Tennesseans think the government will be able to ward off a nationwide swine flu epidemic.
"Tennesseans may be leery of the vaccine, but they do seem concerned about the possibility of a major outbreak," Blake said. "That suggests the situation could change rapidly. If, for example, swine flu cases spike upward or appear increasingly dangerous, demand for the vaccine could rise."
Meanwhile, as the clearest-yet outlines of health reform legislation emerge in Congress, Tennesseans agree on little about the issue other than its importance. While about two-thirds of state residents consider health reform either very or extremely important, only 36 percent generally support the proposals that have been discussed in Congress so far, 46 percent oppose them, and a sizable 17 percent are unsure.
"And, as in Washington, attitudes here in Tennessee toward health reform divide sharply along party lines, with Republicans generally opposed, Democrats generally supportive, and independents wavering in the middle and often saying they just don't know," Blake said.
The poll also finds that majorities of Tennesseans oppose letting handgun carry permit holders take their weapons into public parks, restaurants and especially bars. Fifty-four percent of state residents oppose allowing permit holders to carry handguns in parks; 60 percent, in restaurants; and 80 percent, in bars.
Continue reading "Poll: Tennesseans Down on Obama, Vaccine, Guns in Parks & Bars"
Republican Marsh Sweeps House District 62 Special Election
Republican Pat Marsh trounced Democrat Ty Cobb by almost 1,300 votes Tuesday in a special election for state House District 62 of Southern Middle Tennessee. That will add a seat to the GOP majority in the state House - moving it from 50-49 to 51-48.
The special election was triggered by the resignation of former state Rep. Curt Cobb, D-Shelbyville, brother of the Democratic nominee to succeed him. Some saw the race as a bellwether for the 2010 Tennessee elections for control of the state Legislature.
The unofficial totals from the state Division of Election website:
Pat Marsh (R): 4931
Ty Cobb II (D): 3663
Christopher T. Brown (I): 255
Marsh, owner of a trucking company, carried all three counties of the district. It includes all of Bedford County, much of Lincoln County and a sliver of Rutherford County --- and was designed in the last redistricting to be a Democratic district.
The county breakdown, according to unofficial returns:
Bedford - Marsh 3,215; Cobb 2,508; Brown 183.
Lincoln - March 1,538; Cobb 1,017; Brown 55.
Rutherford - Marsh 178; Cobb 138; Brown 17.
Marsh Wins Early and Absentee Voting in HD62
Republican Pat Marsh beat Democrat Ty Cobb by 620 votes during the early voting and absentee ballots counted first on election night. Those ballots are counted before the election day votes are tallied.
That's a strong indication Marsh is headed toward a win. Democrats thought they had to do well in the early voting.
The totals from the state Division of Election website for early and absentee:
Marsh 2,302
Cobb 1,782
Independent Chris Brown 55
Marsh was winning in all three counties of the district in the first ballots reported. The County breakdown:
Bedford: Marsh 1,445; Cobb 1,145; Brown 53
Lincoln: Marsh 815; Cobb 615; Brown 0
Rutherford: Marsh 42; Cobb 22; Brown 2
Legislators Golfing for Children's Hospital
State Rep. Beth Harwell, a former state Republican chairman, and House Democratic Leader Gary Odom are collaborating to host a golf tournament to benefit Vanderbilt Children's Hospital.
Here's the news release:
Area sponsors will kick off the inaugural Nashville Masters Golf Tournament to benefit Monroe Carell Jr. Children's Hospital at Vanderbilt on Monday, October 19, 2009.
The event will be held at Hillwood Country Club in West Nashville with a shotgun start at 9:05 a.m., followed by an Awards Luncheon at 1:30 p.m.
"We've got a long list of corporate and individual sponsors that have committed to making this event a success," said state Rep. Gary Odom (D-Nashville), who is chairing the event along with co-chair state Rep. Beth Harwell (R-Nashville). "We are honored to have the opportunity to help establish this Inaugural tournament for the exclusive benefit of the Monroe Carell Jr. Children's Hospital at Vanderbilt. We plan to make this an annual event."
Children's Hospital features centers of excellence for the treatment of diabetes and congenital heart disorders and offers services for cancer, organ and bone marrow transplants, level 1 pediatric trauma, treatment for development disorders and the highest designated level NICU in the state.
The hospital is ranked as one of the best children's hospitals in the nation by U.S. News and World Report and by Parents magazine.
Teams sponsorships are $1,000, Individual golfers are $250 and hole sponsorships are $500.
(For tournament information please contact Ethan Page (615) 741-4410.)
Audit Finds Problems (Again) in Veterans Affairs
An audit of the state Department of Veterans Affairs indicates there's plenty of room for improvement. Here are some of the headline statements in the 'Findings and Recommendations' portion of the table of contents:
-The department should implement methods to capture data about employee turnover and its impact on service delivery.
-The department does not have a field office in each congressional district as required by statute and the 12 field offices vary in veteran population assigned and served. (A chart indicates the Memphis field office serves 2,676 veterans per staffer; the Dickson office 269,)
-Data collected by the department are not sufficient for determining workloads and service delivery effectiveness.
Plus these 'Observations and Comments' headlines:
-The (Veterans) Cemeteries have implemented the Department of Safety policies and procedures, but more management oversight is needed.
-The department could improve service delivery to veterans by changing its customer service process.
Election Day Afternoon In HD 62 With "Knock & Drag" Underway
Supporters of Ty Cobb and Pat Marsh differ on one piece of get-out-the-vote strategy in the House District 62 special election, judging by comments from strategists at the two campaign headquarters in Shelbyville today.
Democrats are focused on getting voters they have identified as party faithful to the polls, said state Democratic Chairman Chip Forrester. He calls it a "knock and drag" effort - knock on the door of the identified Democratic voter and drag him or her to the polls.
Names of those who voted early have been scratched from the list of those to be called upon and, on election day, each voter is deleted once contact has been made so the door knocking volunteers can further concentrate focus on those who still have not voted.
On the other hand, Mike McCrady, campaign manager for Marsh, says the GOP is going after voters on a broader basis - knocking on doors of regular voters have are known as independents and Democrats as well as Republicans.
"Pat is so well-known locally, we think he has a lot of crossover appeal," McCrady said, adding that about 60 volunteers were knocking on doors election day.
There were several Democrats in the crowd of 300 the night before at a chili supper Marsh hosted, McCrady said.
The Democratic election-day door knockers apparently equaled or exceed the Republican workers, with a couple of gubernatorial candidates - Roy Herron and Kim McMillan -- and a handful of state legislators in the mix. Skip Cauthorn, excecutive assistant to House Democratic Leader Gary Odom, said there were about 60 volunteers in the field "at any given moment."
Drop-by visits around lunchtime to the two headquarters - located perhaps 10 blocks apart on Lane Parkway in Shelbyville - found both sides voicing optimism but expecting a fairly close vote. The Cobb headquarters is in what was once gas station; the Marsh campaign is set up in what was once a car dealership showroom.
Cobb provided volunteers with a lunch of hot dogs, Arby's roast beef sandwiches and chips. At one point, Forrester, McMillan and Cobb gave brief speeches to the group, numbering perhaps 25 or so at the moment. (Herron, Forrester said, was out knocking on doors.)
Cobb spoke last, acknowledging he was "a little bit nervous" and that McMillan and Forrester were "more eloquent" than he.
At the the GOP camp, visited a bit later, House Republican Caucus Press Secretary Kara Watkins and a couple of other folks were headed out to fetch lunch.
Marsh was over in Lincoln County campaigning, said McCrady. His wife, Mary, and a son were on hand and greeted visitors - but they also soon headed out the door to campaign.
A total of 4,101 voters cast their votes early. Visits to three precincts indicated a light turnout on election day - but perhaps better than is expected for a special election.
TN Political Notes, 10/13/09
(Updated and revised from earlier posting)
Williams Speakership
As Kleinheider notes, one thing that is NOT riding on the special election in House District 62 is continuation of House Speaker Kent Williams' tenure - despite a Congressional Quarterly report to the contrary.
The CQ story says that, if Pat Marsh wins to give the Republicans 51 seats, "Democratic strength would fall to 48 votes, and a motion to vacate the Speakership could be in order."
Now, Congressional Quarterly does a great job of reporting on Washington matters, but apparently has not researched Tennessee very well.
Article II, Section 3, of the Tennessee Constitution states that "the speaker of the Senate and the speaker of the House of Representatives each shall hold his office as speaker for two years."
Thus, the constitution gives the speaker a two-year term, barring an impeachment, resignation or death. Williams will continue to serve at least until the 107th General Assembly convenes in January, 2011.
Poll: Wharton Poised to Win
With the special election for Memphis mayor scheduled Thursday, a new poll indicates A C Wharton is positioned to win over half the vote in the 25-candidate field.
The Mason & Dixon Research poll of 400 likey voters, commissioned by WREG TV, shows Wharton at 53 percent, or 37 points ahead of runnerup Myron Lowery, who has been serving as interim mayor since the resignation of Willie Herenton.
Smith Collects $149,000
Republican Robin Smith says she raised $149,000 for her 3rd District congressional campaign that is being reported to the FEC in her first disclosure.
In a news release, Smith notes that she had no loans or personal donations and - perhaps in a not-so-veiled swat at primary opponent Chuck Fleischmann's self-financing - adds that "Americans have seen the wrong direction the priviledged few have taken the nation."
Another Smith comment: "It is gratifying that this total was reached without a major fundraising event, but by the individual contributions of 139 Americans who wish to see real change in Washington."
Burchett Gets $100,000
State Sen. Tim Burchett says he's passed the $100,000 mark in fundraising for his Knox County mayor campaign.
"Money is far from the only indication of a strong campaign, but for a county candidate to break the $100,000 mark this early in the cycle is very encouraging and deeply appreciated." Burchett said. "Our message of moving this county in a new direction is being heard, and the fact that we have received contributions ranging from $5 to $1,000 tells me we are on the right track."
CoverKids Stops New Enrollment Effective Nov. 30
From the AP:
Tennessee's health insurance program for children will stop accepting new enrollment at the end of next month because of budget constraints.
None of the nearly 42,000 children currently enrolled in CoverKids will be affected by the cap as long as they continue to meet eligibility requirements.
The state pays for a quarter of the CoverKids program, or about $29 million. The federal government matches that with about $87 million.
A family of four earning about $55,000 a year or less can qualify for the program with no monthly premiums.
Bob Duncan, director of the Governor's Office of Children's Care Coordination, says the program can't expand much further because the economic downturn has prevented additional funding.
CoverKids was launched in 2007.
Here's the news release from government officials:
Continue reading "CoverKids Stops New Enrollment Effective Nov. 30"
State Reports 7,710 Jobs Created with Federal Stimulus Money
About 7,710 jobs have been created through the spending of $214.9 million of federal stimulus money in Tennessee, state officials said Monday.
The figure comes as the state filed its first reports on money received through the American Recovery and Reinvestment Act (ARRA). Tennessee's total allocation was $5.6 billion. About $3 billion of that flows through state government.
More from a news release by the Department of Finance and Administration:
"Our Recovery Act team and state agencies worked literally hundreds of hours toward an unprecedented accomplishment, with no additional staff hired to handle the reporting process," Deputy Governor John Morgan said. "It's important to remember the Recovery Act is a two-year program and this is just the first reporting period. Additional reporting on the use of Recovery Act funds will occur quarterly going forward."
The state transmitted a total of 310 project reports for the period ending September 30, 2009, via FederalReporting.gov, the central government-wide data collection system. Of those, 258 were for transportation projects alone. The reports represent grants totaling $214.9 million received by 15 state agencies. The reports reflect 7,710.9 jobs created and retained through September 30 through these funds.
A major component of the Recovery Act is the requirement for an unprecedented level of transparency and accountability so people can see how the funds are being spent. Specific reporting requirements have been set for government agencies and recipients of Recovery funds to measure progress.
Federal agencies, prime recipients and sub-recipients are required to submit data within 10 days after the end of each calendar quarter for grants, loans, and federally awarded contracts under the Recovery Act. The first reporting period ended on September 30 and reports were submitted by recipients, including states, between October 1 and October 10, 2009. The next reports will be submitted in January 2010.
The Section 1512 reporting process includes 99 different data elements. The number of data elements reported per program depends on the fields applicable to the program and varies based on the number of sub-awards and vendors, if any, under that program. The state of Tennessee chose to centralize its reporting to minimize the likelihood of duplications in the data or non-compliance with federal requirements.
The FederalReporting.gov Web site works in conjunction with the Recovery.gov Web site. The data submitted to FederalReporting.gov will be reviewed and validated by the funding/awarding agencies from October 11-29 and then those reports and visual representations of the information will be available to the public via Recovery.gov.
Recipient contract data will be published on Recovery.gov October 15 and recipient grant and loan data will be published on the site on October 30. The data can be viewed online or downloaded in XML format - a standard structure for the transfer of data - for those who want to create their own reports.
The reporting by the State of Tennessee and other states represents only part of the recovery picture. Funds awarded directly to non-state agencies will have been reported by those recipients and their data will also be published on Recovery.gov.
Who Has the Most to Lose in 62 -- Forrester or Devaney?
State Rep. Stacey Campfield suggests in his blog that Tuesday's special election in House District 62 may be seen as a means of comparing Chris Devaney, the new state GOP chairman, to former Chairman Robin Smith and her communications director, Bill Hobbs.
Smith and Hobbs "took a bunch of unknown, underfunded Republican candidates in a hugely down Republican year and won," he writes. "Shocking, unbelievable, yet hughely effective."
Devaney, on the other hand, has "a great well funded candidate in Pat Marsh (who is) sharp, willing to work and an all around nice guy. It is a Republican leaning district... a hugely Up Republican, down Democrat year and Democrats don't traditionally come out in special elections. All Marsh needs is guidance."
"...This is a golden opportunity to put number 51 in the bank. An easy pickup with a little work and creativity. A lot is riding on this election and it is more than Marsh vs. Cobb.
"It is to show if Devaney can keep the mo' going."
The Campfield commentary comes a few days after Jeff Woods declared that the District 62 race could be make-or-break for Democratic Chairman Chip Forrester, who, like Devaney, is facing his first election contest during his tenure as top guy.
With a loss by Democrat Ty Cobb, he says:
"Chip Forrester and his band of head-in-the-clouds activists finally might demonstrate that they truly are as useless as their grizzled critics always have claimed.
Forrester's supporters say his strong point is organizing the grassroots and getting out the vote, among other important tasks. Well, that's what this is all about. Because turnout is so light in a special election, the ground game is all important. Forrester himself acknowledges this election is a test of his skills.
"This is the first chance to really put the ground operation that we've been building in the field and see how it works," he tells Pith. If Democrats lose, the question then becomes: What's the point of Forrester?
TN News Notes... Briefly
Environmental Bias?
The chairman of the Senate Environment and Conservation Committee, Steve Southerland, thinks the ratings of legislators conducted by the Tennessee Conservation Voters are biased against Republicans. TVC Chairman Chris Ford disagrees.
$1 million Against Cooper?
An organizer of the progressive Democrats who want to unseat U.S. Rep. Jim Cooper in next year's primary says that $1 million could be spent on the effort.
Low-Carbon Lynn
Sen. Lamar Alexander says a letter from state Rep. Susan Lynn inspired a "good conversation" between the two over his stance on low-carbon fuel standards.... But he's still undecided.
The Ward and Stacey Show
(Updated from earlier post)
Ward Cammack is promoting his interview with state Republican Rep. Stacey Campfield in an email send around to media today. He has the video posted on his campaign website HERE.
Text of the Cammack email, which, of course, also invites folks to send money:
Rep. Stacey Campfield, a Republican from Knoxville, dared the Democratic gubernatorial candidates to interview with him. I was the only one to step up to the plate.
I took the challenge because I refuse to back down to questions simply because there might be divided answers. I want people to know where I stand on the issues important to them, no matter if you're a Democrat or Republican, liberal or conservative.
This economy doesn't make distinctions. It affects each and every one of us. I realize that, which is why my plan for bringing prosperity to Tennessee will work. Watch my half-hour interview with Rep. Campfield.
Campfield has posted the video on his blog as well, along with bit of commentary. Cammack's interview, he says, ran a little shorter than his prior interviews with the four Republican candidates because the Democrat's responses were briefer.
"Although all the candidates were asked I give credit to War for being the only Democrat candidate having the guts to show up and respond to tough questions," Campfield says.
Cammack did have some interesting responses. For example, he favors a new sales tax exemption for "organic or locally grown food" and a new "user fee" for state parks.
The AP Report on House District 62
Written by Erik Schelzig:
Voters go to the polls Tuesday in a special House election that could serve as a political bellwether for Tennessee.
Republicans last year gained majorities in both chambers of the Tennessee General Assembly for the first time in 140 years. But their advantage in the House was a single seat, and the chamber was cast into turmoil when one Republican sided with all 49 Democrats to be elected speaker.
The House District 62 election pits Republican Pat Marsh, the co-founder of Shelbyville-based trucking company Big G Express against Democrat Ty Cobb, a UPS driver and brother of the last person to hold the seat that represents all of Bedford County, most of Lincoln County and parts of Rutherford County.
Republicans hope a win would cement their majority in the chamber and give notice that more historically Democratic seats could be endangered when all 99 House members stand for election next year.
State Democrats, meanwhile, have made winning back the House their top objective -- a task that would become all the more difficult if Cobb fails.
Republicans hold a comfortable 19-14 majority in the Senate, so who controls the House will have a major effect on redistricting of legislative and congressional seats following the 2010 census.
Given the high stakes of the special election, both parties have been pouring resources into the race and leading attacks on their opponent's credentials.
Democrats have sought to draw attention to tax troubles for Marsh's company, while Republicans have hammered at labor endorsements for Cobb.
Republicans also have sought to downplay Cobb's endorsement by Tennessee Right to Life. Sen. Jim Tracy of Shelbyville said the endorsement will have no effect on the outcome of the race.
"I don't think it's hurt at all," Tracy said. "The endorsements are only as good as what some people think."
But Tracy quickly added that Cobb has been endorsed by the Service Employees International Union, "which is affiliated with ACORN," a community group under fire over a set of videotapes made by conservative activists that show employees offering advice about how to establish a brothel with underage prostitutes.
Republican mailers have also sought to tie Cobb to Democratic President Barack Obama, who lost Bedford and Lincoln counties by more than a 2-1 margin last year.
Bedford County's African-American Mayor Eugene Ray said he'd prefer if national issues were left out of the local contest. "It's a close race, and they're both good people," Ray said outside a Cobb rally last week.
James Foster, who works at the Tyson Foods plant in Shelbyville, was more dismissive of attempts to link Cobb to Obama or ACORN. "It just don't matter," said Foster, 55. "Ty's a good man and he's fighting for the right things."
Cobb said he supports expanding access to the public pre-kindergarten program championed by Democratic Gov. Phil Bredesen. "Children that get that opportunity will excel fast," he said.
Cobb also supports raising the minimum wage and expanding the state's green energy sector as a means for job creation.
Bredesen, who carried the district in his 2006 re-election, emphasized Cobb's conservative credentials at the recent rally in Shelbyville. "He's a conservative Democrat, just as I consider myself," he said.
Marsh took out a newspaper ad to defend himself against the Democratic allegations that his lack of business acumen caused the tax problems for his company.
"With the multitude of taxes that exist, the complexity of the tax laws, and numerous regulations, it is not uncommon that some tax bills may be overlooked," he said. "Anytime that has occurred we resolve the issue to the best of our ability."
Marsh said at a recent candidate forum that he would fight for less regulation and lower taxes in the Legislature.
"The government has stepped way past their bounds," he said. "In the trucking business we see regulation like you would not believe."
He also said illegal immigration is to blame for increased health insurance costs.
"Illegal immigration has caused a lot of that because they're in here using all of our services," he said. "We've got to get them out and away from us and get our people taken care of."
Diverse Weekend Reports From the Capitol Hill Press Corps
Gov Ops Gaining Respect?
The Government Operations Committees of the House and Senate sometimes have been in a Rodney Dangerfield mode in recent years - rather lacking in respect and occasionally causing chuckles. Andy Sher reports that times are changing and the panels are playing a key role in maneuvering on major legislation.
Not to mention 104 state government entities that have ceased to exist over the years as the committees exercised their power through "sunset laws."
Contrasts & Megasites
Rick Locker reminisces about the secret dealings on state purchases of land for the Nissan and Saturn plants, providing a contrast to the current maneuvering over the West Tennessee Megasite.
There's also a contrast in the way things have been handled with two other Megasites, one becoming the home for a Volkswagen plant near Chattanooga and the other for a Hemlock plant near Clarksville. Taxpayers are directly paying for land purchases in West Tennessee, but they've got more money otherwise invested in the other two sites.
Post-Political Frist
Chas Sisk suggests that Republican Bill Frist, former Senate Majority Leader, may have Democrat Al Gore as a role model as he seeks to remake his image outside - well, maybe not completely outside - the political arena.
A Frist quote in the article: "If you look at what (Gore) has done, in taking sort of a movement and pushing it and shaping it outside of politics and outside of Washington. ... It's much more (about) being around the country, being around the world, than most of the former political figures."
Also on the Frist front, there is Jeff Woods' not-so-complimentary review of Frist's new book, which he is promoting nationwide these days.
Bredesen: Democrats' Healthcare Headache?
Yours truly, meanwhile, did a Sunday column on Gov. Phil Bredesen's transformation from prospective promoter of health care reform just a few short months ago to his new status as health care headache for fellow Democrats.
Recent Rumblings on the Gubernatorial Campaign Trail
Politics and Religion
About half the candidates for governor believe Tennesseans will count religious faith as a factor in casting their votes, reports the Chattanooga Times Free Press.
Roy Herron and Ward Cammack have contrasting views on the matter. Herron says Tennesseans "want to know our values, in particular, our deepest values." Cammack says faith is a personal matter and it's "repugnant" when politicans tout their religious values in speeches.
TN Economy: Rocking or Rolling?
Hank Hayes reports on somewhat contrasting commentary from gubernatorial candidates appearing before the Tennessee Economic Development Council at Kingsport.
Democrat Jim Kyle cited Tennessee's rankings as one of the best places to do business.
"So if we have great business development and great business climate and great people, why aren't we booming?" Kyle, of Memphis, loudly asked TEDC members. "Why are we in the top 10 in the nation in unemployment? If people can't do the work, people won't locate the businesses here. ... We're never going to be prosperous so long as we have an unprepared work force."
Republican Zach Wamp suggested new jobs could emerge out of a growing defense sector fighting the War on Terror.
"We need a growing defense sector to give our economy resilience," Wamp stressed.
Democrat Mike McWherter noted Tennessee's unemployment rate, at about 11 percent, is at its highest level since 1982.
"We have got to provide a good living wage for the people in this state," he told TEDC members. "We are in the middle of an economic storm that we will recover from, no question about it. We've got to start preparing now for our economic recovery. We have got to build an education system to allow our kids to compete on a global basis."
Republican Ron Ramsey insisted Tennessee's economy is "rocking and rolling" compared to other states.
"I also get a little frustrated with what I'm seeing on a national level and the fact that capitalism and profit are not good words," said Ramsey. "Capitalism is a great word. Profit is a good word."
Republican Rally in Clarksville
Republican gubernatorial candidates - excepting Bill Gibbons -- attended a Montgomery County rally on Saturday night. The Leaf-Chronicle doesn't quote any of the candidates, but reports that county GOP Chairman Polly Nagy declared that "pure unadulterated socialism" is afoot in the country,
Wamp on the Defense?
A Ron Ramsey remark, to the effect that the Republican gubernatorial contest is between himself and Bill Haslam, has brought a rebuke from Zach Wamp, reported by the Johnson City Press.
"Anybody that knows politics knows that I'm the most competitive person in this race," said U.S. Rep. Zach Wamp of Chattanooga, who was in Erwin on Friday for a meet-and-greet and lunch. "It's foolishness for anybody to say what Lt. Gov. Ramsey said at that time in the campaign. That was not only wishful thinking, that was a foolish comment."
Meanwhile, the Chattanooga Times Free Press says Wamp has been criticized by the president of the National Right to Work Committee for co-sponsoring a resolution in Congress. Wamp says he understands the concerns, but they are misplaced.
McWherter & Gay Adoption
Mike McWherter has come out against adoption of children by gays, reports Jeff Woods.... and Ward Cammack thinks that's not a good thing.
More Ballyhoo in 62: Huckabee, Non-Debate III & Local Blog
A total of 4,101 people in House District 62 cast ballots in early voting --2,578 in Bedford County, 1,463 in Lincoln County and just 60 in the sliver of Rutherford County within the district.
Just as a guess, turnout on election day, Tuesday, may roughly equal the EV totals. If 8,000 ballots are indeed cast, that will be a pretty good turnout for a special election - though only about a third of the number voting in the House District 62 general election last year that was won by Democrat Curt Cobb.
The candidates are Democrat Ty Cobb, Republican Pat Marsh and Chris Brown, an independent.
More Debate Bickering
Another attempt to hold a debate featuring all three candidates fell through. Here's how the Shelbyville Times-Gazette, which planned to host the Saturday event, summed things up:
Cobb missed two previous candidate forums attended by Marsh and Brown, and now it is Marsh's campaign which is refusing to participate.
Marsh's campaign refused to participate in the Saturday night debate, and Times-Gazette editor Kent Flanagan, who had been set to moderate the debate, said he would only participate if all three candidates were present. The Marsh campaign said in a letter to the Cobb campaign that its "parameters ... were not met" and that no reasonable compromises were offered.
Marsh's campaign offered a counter-proposal of an election eve debate on Monday night, but Brown has a worker's compensation-related doctor's appointment which would prevent him from attending and which he and (Brown spokesman) Fernandez said it could take weeks to reschedule.
Huckstering Over Huckabee
Mike Huckabee, who won Tennessee Republican presidential preference primary last year, has endorsed Marsh in the race. Democrats quickly noted that Marsh didn't vote for Huckabee, since records indicate he voted in the Democratic presidential primary.
Here's a quote from the Republican news release:
Former Governor and Presidential Candidate Mike Huckabee has endorsed Pat Marsh for state representative in District 62 citing his true conservative values and ability to bring jobs to the district.
"Pat is a real Conservative," said Huckabee. "Pat Marsh is 100 percent pro-life and believes marriage should only be between a man and a woman. As a former governor, I know we need people of good conservative principles - like Pat Marsh, serving to protect our values in the state legislature. Plus Pat Marsh has the business experience we need. He will fight to keep taxes low, stop the big spenders, and recruit good paying jobs to the area."
And here's a quote from the Democrats' press release:
An ultra-conservative Republican presidential candidate's ironic endorsement of state House candidate Pat Marsh is the desperate attempt of an out-of-touch campaign to salvage support from a disillusioned base of support.
"Mike Huckabee might be surprised to know that Pat Marsh voted either for Barack Obama or Hillary Clinton in the presidential primary last year, not for him," Tennessee Democratic Party Chairman Chip Forrester said. "And Mr. Huckabee probably should have asked more questions of Mr. Marsh before endorsing him, given the Republican presidential candidate's hard-line stance on certain moral issues.
A New Local Blog's Take
For an interesting read, try this blog post on House District 62 by Carl McClanahan of Shelbyville.
It begins: I don't believe I have ever had the displeasure of seeing such a malicious political campaign.
It ends with speculation that state Sen. Jim Tracy will be running for Bart Gordon's U.S. House seat after redistricting... and that redistricting with Republicans in control of both legislative chambers will split Bedford County.
September TN Tax Intake Was Either Bad or Worse
State tax collections in September once again fell below what was expected, according to both the state Department of Finance and Administration (F&A) and the Legislature's Fiscal Review Committee (FRC).
But there is, again, a difference between the executive branch and the legislative branch on what amount of revenue was expected and needed to keep the budget, as adopted by the Legislature, in balance for the fiscal year.
F&A says the take was $41.4 million below what it expected. FRC says the revenue was only $20.5 million short of its expectations.
Basically, the two agree in projecting what the entire fiscal year's revenue will ultimately be at year's end. But FRC expected things to be worse than F&A expected in the first months of the fiscal year, with enough revenue growth later to catch up.
The FRC view on September revenues, with some explanation, is available HERE.
Details and tables on the F&A report are available by clicking HERE.
The generic F&A revenue figures news release (which, just a couple of months ago was the only monthly revenue report available):
NASHVILLE - Tennessee tax collections for September once again fell below the state's budgeted estimate. Finance and Administration Commissioner Dave Goetz reported today that overall September revenues were $920.9 million, which is 5.7% below a year ago. September is the second consecutive month this fiscal year in which state revenues have experienced overall negative growth
"We are very disappointed with the negative growth rates in September collections, especially in sales revenues," Goetz said. "Going forward we must continue to closely monitor state expenditures, in order to keep the budget in balance."
On an accrual basis, September is the second month in the 2009-2010 fiscal year.
September collections were $41.4 million less than the budgeted estimate. The general fund was under collected by $33.5 million and the four other funds were under collected by $7.9 million.
Sales tax collections were $37.8 million less than the estimate for September. The September growth rate was negative 9.4%.
Franchise and excise taxes combined were $2.6 million above the September budgeted estimate of $241.6 million. The September growth rate was 0.3%.
Gasoline and motor fuel collections for September decreased by 5.7% and they were $7.6 million below the budgeted estimate of $72.5 million.
Tobacco tax collections for the month were over collected by $4.8 million, and the growth rate was 4.4%.
Privilege tax collections were $5.9 million less than the budgeted estimate of $19.4 million.
Inheritance and Estate tax collections were $2.4 million below the budgeted estimate.
All other taxes were over collected by a net of $4.9 million.
Year-to date collections for two months were $69.6 million less than the budgeted estimate. The general fund was under collected by $64.0 million and the four other funds were under collected by $5.6 million.
The budgeted revenue estimates for 2009-2010 are based on the State Funding Board's consensus recommendation adopted by the first session of the 106th General Assembly in May of 2009, and are available on the state's Web site at http://www.tn.gov/finance/bud/budget.html
AG Won't Represent Ethics Commission in Lobbyist Case
The state attorney general's office has declined to represent the Tennessee Ethics Commission in its case against Tony Gottlieb, according to Drew Rawlins, executive director of the Bureau of Ethics and Campaign Finance.
Gottlieb is opposing Ethics Commission plans to penalize him for making a campaign contribution while registered as a lobbyist - a violation of the state's ethics law.
The case awaits a hearing before an administrative law judge, whose decision could be appealed into the regular court system.
Rawlins said the attorney general's office is concerned that, if a lawyer from the office represents the commission before the administrative law judge, legal rules might then prevent representing the commission if there is an appeal of that decision.
The commission operates under the Bureau of Ethics and Campaign Finance, which is in the process of hiring a lawyer of its own. In the meantime, Rawlins said he is looking into the possibility that the commission can "borrow" an attorney from another arm of state government to appear at the hearing.
Still Seeking a Closed-door Consensus on Higher Education
There was another round in the series of private powwows over higher education Thursday, this time in Chattanooga with the Times Free Press providing a report. On hand were Gov. Phil Bredesen, staff members, UT and Board of Regents leaders and 10 state legislators.
"I think there is widespread agreement on increasing incentives" for faculty and staff who show improved performance, says Sen. Andy Berke.
The goal of the closed-door sessions is to come up with a list of such relatively non-controversial items that everyone can agree upon, then present it to the Legislature next year as a reform plan.
A majority of institutions represented in the Association of Tennessee University Faculty Senates has voted to recommend a merger of the UT and Regents systems with the Tennessee Higher Education Commission being abolished,
The News Sentinel did an editorial recently on the talk about merger, suggesting that " the perfect storm for change is blowing this way."
But Bredesen and others have suggested that the merger talk is not going to get serious consideration as a recommendation from the consensus-seeking secret sessions. It's too controversial.
Notes on TennCare Today
Tennessee ranked 39th among the states in access to health care and quality of health care, according to a report by The Commonwealth Fund.
That's up from 41st in a prior ranking and Health Commissioner Susan Cooper says the data involved was collected prior to some changes that could improve things.
And this from the AP:
A report shows about 84,000 TennCare enrollees in the so-called "Daniels class" have been cut since a court ruling in January. A TennCare spokeswoman said, however, overall TennCare enrollment has increased.
An Oct. 2 report obtained by the Chattanooga Times Free Press shows the 84,000 "Daniels class" enrollees represent more than half of the 147,000 enrollees whose eligibility became subject to state review after a federal court ruling in January. The group originally qualified for TennCare under the federal Supplemental Security Income program.
While that group is smaller, TennCare spokeswoman Kelly Gunderson said that for the same period -- through June -- overall enrollment in TennCare is up by more than 25,000, to about 1.23 million, due mainly to hard times from the economy
Wine With Groceries Campaign Adds PAC to PR Effort
After two sessions of failure to get their bill out of committee in the Legislature, advocates for the sale of wine in grocery stores have apparently figured out that maybe campaign financing has something to do with the legislative process.
Kleinheider has posted a news release that displays the deductive reasoning process, wherein those who would profit by sale of wine in grocery stores (or Wal-Mart) observe they have been thwarted by 600 liquor wholesalers and retailers who profit by the current setup - despite an expensive public relations effort and polls showing that expanded wine-purchasing opportunities seem reasonable to lots of Tennesseans.
From the PR pronouncement:
How can the opinion of such a small group outweigh the two-thirds of Tennesseans who want this change?
Part of the answer is money. The liquor store owners and the wholesalers contribute generously to legislators' campaigns.
So, they've decided to join the political money part of the game, too. They've started a political action committee. Read about it at the website, which solicits contributions to the PAC - seemingly based on the hope that a bunch of mildly-motivated consumers will kick in small amounts and build a fund to offset the more generous donations to the booze PACs operated by those 600 or so making money off the status quo.
Couldn't hurt the effort. But it still might take a while.
The liquor wholesalers (WSWT PAC) and liquor retailers (Wine and Spirits Retailers of Tennessee PAC) - not to mention individual owners who donate outside the PAC structure -- have built up a lot of good will among legislators over the years.
The beer wholesalers (Wholesalers Association PAC) are not fond of wine as a competitor in convenience stores either. Then there are the lobbyist firm PACs that have booze-peddling clients. And so on.
A check with the Registry of Election Finance shows the Red White and Food Voters PAC was set up back in August. They won't have to file a disclosure on how much was raised until Feb. 2. Along with the rest of the PAC pile.
Then you can see how things stack up on the money front. And there seems to be a consensus now that it just might have something to do with whether the bill advances.
Supreme Ruling: TennCare May Reclaim Money from the Dead
Via the AP:
TennCare officials say they expect to benefit from a Tennessee Supreme Court ruling that broadens their right to reclaim money for care from the estates of people who have died.
A Tennessee law that took effect in 2007 requires the representative of a deceased person's estate to request a waiver for the costs of home and community-based services provided by TennCare, the state's expanded Medicaid program. It also put a time restraint on how long TennCare has to recover the money.
The court ruled Wednesday that in one case the son of a deceased nursing home resident did not seek a waiver, which allowed TennCare "to file the claim beyond the one-year period of limitation."
State officials said the court's decision could affect claims that arose prior to 2007. TennCare spokeswoman Carol Fite said the agency is still reviewing the ruling to determine its impact, but believes it will "increase our ability to ... recover dollars."
Clint Brewer Becomes Lead Watchdog
A news release:
The Tennessee Center for Policy Research announced today the launch of its new non-profit watchdog journalism and investigative reporting website, www.TennesseeWatchdog.org.
The website will serve to inform Tennesseans about the workings of their governments, at the state, local and federal levels. The focus of the site's coverage will be politicians, government waste and abuse, bureaucracy and regulatory issues.
The site launches today with special reports detailing political action committee giving in the Tennessee governor's race, as well as the potential fall-out in the historical African American community of Fredonia over the West Tennessee megasite.
Tennessee Watchdog will be led by veteran investigative reporter and editor Clint Brewer. Brewer has led investigative reporting teams to award-winning work at daily newspapers in the state. He is a leading advocate nationally for a reporters' federal Shield Law through his work with the Society of Professional Journalists.
"This website is unique in Tennessee," Brewer said. "It will serve Tennesseans by telling them what their governments are doing with their tax dollars, and whether they are acting as good stewards of our state's resources," Brewer said.
Tennessee Watchdog is one of a growing number of non-profit journalism sites across the country filling the gap left by shrinking resources in mainstream media newsrooms.
At the same time, Brewer said the website and its writers want to partner with both mainstream media organizations and citizen journalists to accomplish investigative reporting and watchdog journalism with real impact.
"Journalism is a changing field, and the non-profit component is increasingly becoming part of the topography, whether it's through the efforts of dogged, determined citizen journalists or non-profit sites like ours," Brewer said. "We want to contribute to the forward progress of Tennessee by letting the sun shine on government.
TCPR Executive Vice President Shaka Mitchell said the Tennessee Watchdog effort promises to grow, as freelance writers and citizen journalists are brought into the mix to broaden the website's scope and appeal.
"We believe non-profit journalism is going to play a vital role in the continued health of our democracy," Mitchell said. "We will tackle the stories others either will not or cannot. We will also seek to broaden our circles with Tennessee Watchdog and look for partners across the media spectrum."
Gibbons Has a Plan
Republican gubernatorial candidate Bill Gibbons has produced a "5-point plan" and a news release to describe it.
The five points are fairly generic: Keep taxes low, invest in infrastructure, promote economic development, improve education and reduce crime.
The news release describing the plan, which is not as long as Democratic candidate Ward Cammack's 39-page plan, is available below.
Demo Gubernatorial Candidates to Campaign for Cobb
All five Democratic candidates for governor have signed up to campaign on behalf of Ty Cobb, the party's nominee in the House District 62 special election.
Here's the party press release:
All of our gubernatorial candidates understand the importance of keeping House District 62 blue. They will be in the trenches with us to 'Get Out the Vote' across Bedford, Lincoln and Rutherford counties.
Ward Cammack, Sen. Roy Herron, Sen. Jim Kyle, Kim McMillan, and Mike McWherter have signed up to help push State House candidate Ty Cobb across the finish line in this critical October 13 Special Election.
We ask that you join our great Democratic gubernatorial candidates and help us in our final GOTV Weekend (Saturday, Sunday, Monday and Tuesday). We need volunteers to canvass neighborhoods, make phone calls, attend events and do visibility at polling precincts and busy road intersections.
Your Democratic gubernatorial candidates have stepped up to canvass, will you?
This is the time for you to make a difference in our great state. To sign up for a canvassing, phone banking or visibility shifts call the Ty Cobb Campaign at 931-536-6026, e-mail Jennifer Wallace, email@example.com, or register online.
Wamp, Ramsey, Haslam Against Bloomberg Gun Show
(Updates earlier post)
From the AP's Erik Schelzig:
Republican gubernatorial candidates Zach Wamp and Ron Ramsey spoke out Thursday against an investigation by New York Mayor Michael Bloomberg into questionable sales at gun shows in Tennessee and two other states.
Bloomberg said private investigators were sold guns despite saying they probably could not pass a background check. Despite a loophole in some states for "occasional sellers" at gun shows, federal law bars selling guns to people they have reason to believe would fail background checks.
Wamp, a congressman from Chattanooga, said in a Twitter posting Thursday that: "Bloomberg and his anti-gun cronies should stay the heck out of Tn."
Wamp said Tennessee will defend its Second Amendment rights and that armed citizens "keep streets safe."
A copy of Bloomberg's report is being sent to every member of Congress and the findings will be shared the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Wamp has made gun rights a staple of his campaign speeches, including a statement that if Democratic President Barack Obama were to issue an order to confiscate guns, "We will meet him at the state line." Obama has never proposed such a move.
Wamp and Ramsey have criticized Knoxville Mayor Bill Haslam, the money leader in the 2010 nomination fight, for what they consider his soft stance on guns.
Haslam has been publicly refining his position on guns since joining the statewide race in January. He soon withdrew from the Mayors Against Illegal Guns, a group co-founded by Bloomberg, for what he called a departure from its original mission of fighting gun crimes in urban areas.
Haslam's campaign said the sting was further evidence of why the mayor left the group.
"I trust our local law enforcement officials to enforce our gun laws, while protecting our Second Amendment rights, without unsolicited help from New York," he said in a statement.
The Ramsey and Wamp campaigns said they reject Bloomberg's implication that gun show loopholes could allow criminals to buy guns in Tennessee.
"Criminals buy guns on the streets, not at gun shows," Wamp said in a statement through his spokesman John Crisp. "Felons and criminals are already prohibited from buying there."
Ramsey, of Blountville, is the speaker of the state Senate. His spokesman Brad Todd said gun shows are the wrong target.
"There is only one way to fight crime and that is to incarcerate the people who commit crimes so they cannot do it again," Todd said.
"Mayor Bloomberg and his allies believe law-abiding gun owners are the problem," he said. "Ramsey believes criminals are the problem. It's a pretty stark difference of philosophy."
ALSO, NOTE: Brad Schrade finds gun show owners may not be as upset about changing the law as Republican candidates.
TN News Notes
Cutting TennCare
An estimated 84,000 people have been cut from TennCare rolls since a federal judge's ruling in January in the so-called "Daniels case" lawsuit, reports Andy Sher. The ruling allowed the state to re-verify the eligibility of enrollees who originally qualified for the program through a federal Social Security benefit.
Undercover Guns?
Guns shows in Tennessee came under fire Wednesday from a group led by New York Mayor Michael Bloomberg. Undercover investigators working with the group attended shows in Tennessee - at Smyrna and Nashville -- and two other states. They report they were able to buy guns even though implying the weapons could go to those who cannot legally purchase them.
No Lockett Recall
The Knox County Election Commission has rejected a petition that would have set up a recall election for Knox County Law Director Bill Lockett on a technicality - the petition didn't have a date. But the petitioners had already said they wanted to give up on the Lockett recall and instead focus on the recall provisions in the county charter.
Herenton's Child Support
A lawyer for former Memphis Mayor Willie Herenton says he's already paying more than the law requires in child support for a 5-year-old son born out of wedlock.... Apparently that derails an effort by the child's mother to freeze Herenton's assets.
Bush Remembers in Sevierville
From the AP:
Former President George W. Bush fondly remembers his eight years in office.The 43rd president had to deal with the Sept. 11 terrorist attacks and the war in Iraq during his watch.
Yet he told more than 8,000 people attending a Christian conference Wednesday evening in Sevierville that "every day in the White House was a joyous day."
Bush said he misses most being commander and chief of the military, saying, "You live in an amazing country when we have servicemen that continually volunteer to serve their country in the face of danger."
The Milan Mirror-Exchange, the only media allowed to cover the event, reported that Bush still has faith the conflicts in the Middle East will be resolved.
The three-day conference was sponsored by Alabama-based Phil Waldrep Ministries.
Turner Won't Go for TSEA Job
(Updated from earlier post)
House Democratic Caucus Chairman Mike Turner said today that he will not seek to become executive director of the Tennessee State Employees Association.
Turner had earlier indicated an interest in filling the position, which he contended would involve no lobbying and would not pose a conflict with his legislative duties. The move had nonetheless prompted criticism and Turner said today that he has abandoned the idea.
"It got too distracting for both sides," he said.
In a news release issued later in the day, Turner said:
"While it would be a great honor to serve such a wonderful organization that works so hard to support and protect Tennessee's state employees, my heart continues to be with serving my fellow citizens in the 51st House District and helping Democrats win back the House of Representatives in 2010.
"...I have been and continue to be a member of TSEA and, as a state legislator, I intend to continue listening to the needs of state workers, as well as the citizens of my district and all the people of Tennessee... I wish the TSEA board members the best of luck in their search for a new executive director."
Bredsen: TN Will Need a Decade to "Dig Out" of Recession
In a letter to Sen. Bob Corker and Rep. Bart Gordon, Gov. Phil Bredesen says that Tennessee state government will need a decade to "dig our way out" of financial setbacks caused by the current recession.
State employees and teachers, he says, can expect five years without a pay raise.
The letter is centered around Bredesen's estimates of costs to the state from a proposed national health care reform bill pending in Congress.
Here is an excerpt:
"Bob and Bart, the problem that we're facing is simple: By 2013, we expect to have returned to 2008 levels of revenue and will have already cut programs dramatically - over a billion dollars.
"At that point, we will have to start digging out - we will have not given state employees or teachers a raise for five years, our pension plans will need shoring up, our cash reserves ("rainy day fund") will have been considerably depleted and in need of restoration, and we will not have made any substantial new investments for years.
"There will have been major cuts to areas such as Children's Services that we really need to restore. On top of these, there are all the usual obligations that need to be met - Medicaid, for example, will continue to grow at rates in excess of the economy and our tax revenues.:
"It's going to take at least a full decade to dig our way out and back to where we were prior to the recession."
Alexander: Health Care Reform Bill Will Wreck Education or Bring Income Tax
Sen. Lamar Alexander said Wednesday that the added costs to state government in a national health care reform plan could lead either to a Tennessee state income tax or "serious damage" to the state's education system.
"The consequences are so drastic that it could either force reductions that would cause serious damage to education... or force a state income tax in Tennessee," Alexander said in a telephone interview. "I don't believe that's an exaggeration."
The senator said that, without a new tax, higher education would be in particular jeopardy.
"Higher education is already hammered. This would finish them off and send tuition through the roof," he said.
Republican Alexander, a former governor and former president of the University of Tennessee, cited an estimate by Democratic Gov. Phil Bredesen that was made public Tuesday.
Bredesen said a health care reform plan under consideration by the Senate would increase Tennessee state government spending by $735 million over the next five years.
Bredesen said there was a potential of far more drastic increases in state costs that could add more than $3 billion to state spending over the next five years.
Sen. Bob Corker, meanwhile, cited Bredesen's estimates in a speech on the Senate floor Wednesday opposing the latest version of health care reform and had a letter written by Bredesen on costs to Tennessee made part of Senate records.
Alexander had previously said that that national health care reform could eventually cost Tennessee $1.2 billion annually in new state expenditures and that a 10 percent state income tax would be necessary to cover that cost. The $1.2 billion includes factors not part of Bredesen's estimate.
The prior statement prompted sharp criticism of Alexander from Tennesseans for Fair Taxation, an organization that advocates state tax reform. Amon g critics quoted in a news release was Bob Tuke, the Democratic Senate nominee who lost to Alexander last year.
Tuke said Alexander was "using fabricated income tax projections to spread fear and doubt about health care reform."
TFT noted legislative staff estimates that a 10 percent state income tax would produce more than $5.2 billion per year and said the $1.2 billion - which the group questioned as an estimate -- could be produced by a 2.5 percent income tax.
In the interview, Alexander acknowledged that his estimate of revenue produced by an income tax may have been wrong.
"I'll accept their number," he said. "But I think the federal government has no reason or right to impose a 2.5 percent income tax in Tennessee.... I think most Tennesseans recoil at the idea of paying a two and a half percent income tax to cover Medicaid costs."
Alexander also said the Senate Majority Leader Harry Reid had moved to "put the fix in for Nevada" so that t he federal government would pay 100 percent of new costs in Reid's home state, leaving no increase in spending from Nevada state funds from the proposed health care reform plan. He said Tennessee and other states should be treated equally.
Corker, in his floor speech, said that it would be "incredibly irresponsible" to push cost of health care reform to states.
Bredesen told reporters that he is neither favoring or opposing the national health care reform plan, but wanted the state's congressional delegation to be aware of the potential impact on state finances.
In a letter to Corker and Rep. Bart Gordon, which Bredesen asked be shared with other Tennessee congressmen, Bredesen paints a grim picture of state finances in the years ahead with major budget cuts already anticipated.
"In this environment, for the Congress to also send along a mandatory bill for three-quarters of a billion dollars for the he alth reform they've designed is very difficult," Bredesen wrote.
"These are hard dollars - we can't borrow them - and make the management of our finances post-recession even more daunting than it already is," the governor said. "I very much want to support the president, and Lord knows we have plenty of people in Tennessee who need help with health insurance. But this is an extraordinary time for us... and I will appreciate any way in which you can help us manage through this."
Speaker Williams Changing Committee Membership
House Speaker Kent Williams says he's changing committee assignments of two state representatives at their request and may change others - even though there has been no request.
Reps. Mike Bell, R-Riceville, and Donna Rowland, R-Murfreesboro, are basically swapping places.
Bell is being moved from the Consumer and Employee Affairs Committee to the Conservation and Environment Committee. Rowland, in turn, will be shifted from the Conservation and Environment Committee to the Consumer and Employee Affairs Committee.
Williams says he generally appoints committee members to the panels they prefer. His spokesman, Scott Campbell, says Bell and Rowland apparently both wrote "C&E" - an abbreviation that could be interpreted to mean either committee -- on their requests.
That somehow got interpreted the wrong way, apparently by leadership who passed along their requests and worked with Williams in making appointments, Williams said.
After learning of the mistake recently, the speaker said he agreed to make the switch.
At the same time, Williams said during a brief interview that he is eyeing the makeup of other committees with the intention of making a few changes that haven't been requested. He declined to name the legislators who might be involved.
He said the changes would be aimed at taking advantage of "expertise" in one area or another that a given legislator has demonstrated or the fact that "some members work a little harder than others."
Williams had previously indicated he might change some committee or subcommittee chairs after a review of video tapes of panel meetings during the last session, but indicated he now does not believe that will be necessary.
He will still have at least one new subcommittee chairman to select.
The resignation of Rep. Brian Kelsey, R-Germantown, who is running for the Senate, will leave a House Judiciary Committee subcommittee chair vacant. Kelsey's successor in his House seat will be chosen in a January special election.
(Note: Scott Campbell's title has been corrected from earlier posting)
Corker Gives Senate Floor Speech on $735M 'Unfunded Liability"
Sen. Bob Corker, who Tuesday issued a press release on Gov. Phil Bredesen's estimate that health care reform could cost Tennessee state government an extra $735 million over the next five years, today made a Senate floor speech on the subject.
A quote:
"There's been a tremendous decrease in revenues for state governments, and yet, per the mark that is before the Finance Committee today, they are pushing off on the citizens of our state a $735 million unfunded liability.
"Now, that doesn't sound like a lot of money here in Washington, but I can assure you it's a lot of money for the state of Tennessee, and as you can imagine, as the years go out, that number increases tremendously. It's my belief that there are states all across this country that are going to be coming to us asking why we're pushing off an issue to the states. I think that's incredibly irresponsible, and I think we need to ensure that that does not occur."
For full text of Corker's remarks, distributed by his office, click below.
Continue reading "Corker Gives Senate Floor Speech on $735M 'Unfunded Liability""
Robin Smith Praises Bredesen (Pigs Will Be Flying Soon)
Robin Smith, who as state Republican chairman devoted considerable effort to bashing Democratic Gov. Phil Bredesen, is now praising him while running for Congress.
The believe-it-or-not news release from her campaign:
HIXSON, TN - Third District Congressional Candidate Robin Smith today expressed appreciation for the review Governor Phil Bredesen's administration conducted of the potential cost to Tennessee under the health reform plan proposed in the U.S. Senate Finance Committee.
According to the Knoxville News Sentinel, Governor Bredesen estimated the cost to Tennessee if the democrat plan is approved to be $735 million and stated the cost could reach as high as $1.18 billion.
"Tennesseans owe a debt of thanks to Governor Bredesen on this issue," Smith said.
"Regardless of our party, all Tennesseans want the best for our state and have watched with concern as state tax revenues have failed to meet projections for several months.
"To add the unfunded mandate of cost-shifting the price of reform onto the states is irresponsible policy.
" In the House, the plan was to pay for health reform by slashing Medicare coverage for our seniors. In the Senate, it seems the plan is to cut Medicare and place the burden for paying the cost of Barack Obama's takeover of healthcare on the states.
"Despite our partisan differences, Governor Bredesen has been consistent in his efforts to educate Washington on the impact of unfunded mandates and he is to be applauded for his position. Cost shifting is not reform.
"Congress should move to address areas of agreement in health reform that will help bring more people into the free market system, reduce costs, increase choice, and end the influence of frivolous lawsuits. Members of Congress should stop looking to the states as their budgetary parachute."
HD62: Recent Spending Equal, but Marsh Has More Cash on Hand
(Updated from earlier posting)
Here's a brief rundown on campaign finance reports filed in the House District 62 special election.
In his earlier disclosure, Republican Pat Marsh (who had a primary contest) reported receipts of $54,435 and expenditures of $25,061. That left a balance of $29,373.
In the new disclosure filed Tuesday, Marsh reports contributions totaling $96,284 and expenditures of $68,859, leaving a balance of $56,798 for the final days of campaigning.
Thus, for the campaign to date, Marsh has a total of $160,719 in contributions, expenditures totaling $94,294.
Marsh's contributors include 21 Republican legislators (including House Speaker Kent Williams with $1,000), not counting PACs operated by legislators. Those PAC donations include $4,500 from Harwell PAC (Beth Harwell), $5,000 from MUMPAC (Jason Mumpower) and $5,000 from CAS PAC (Glen Casada).
Other notable donors to Marsh included former Gov. Don Sundquist and two candidates for governor, Bill Haslam and Zach Wamp. They gave $1,000 each.
The Tennessee Republican Party's main campaign fund gave $14,356 during the most recent period and had contributed $19,000 reported on the first disclosure.
In Democrat Ty Cobb's first disclosure (he had no primary opponent), reported contributions were $13,800 with $1,071 in expenditures.
In the new reporting period, Cobb reports $76,001 in contributions and $68,317 in expenditures (not including repayment of a $2,000 loan), leaving a balance of $18,411.
Thus, his total contributions to date are $89,801 and total expenditures $69,388.
Cobb received contributions from 17 Democratic legislators, plus a $5,000 donation from Curtiss PAC (operated by state Rep. Charles Curtiss) and $4,500 from Odom PAC (House Majority Leader Gary Odom).
He also had $1,000 donations from two congressmen, U.S. Reps. Lincoln Davis and John Tanner.
The House Democratic Caucus has made $22,859 in contributions to Cobb and the Tennessee Democratic Party has provided $4,794
Update: The House Democratic Caucus has also spent about $60,000 to purchase TV ad time on Cobb's behalf, says Addison Pate, caucus spokesman.
Here's the AP brief on the most recent disclosures:
Two major candidates in a special election to fill a key vacancy in the state House have nearly matched each other in campaign spending so far.
But the final campaign filing before next week's election shows Republican Pat Marsh with a large advantage in cash on hand. The co-founder of Shelbyville-based trucking company Big G Express has about $57,000 remaining, compared with Democrat Ty Cobb's $18,000.
The House District 62 election has drawn heightened attention because of the opportunity for Republicans to expand their one-seat majority in the 99-member chamber.
Marsh raised about $96,000 and spent nearly $69,000 since his last report before the Aug. 27 primary, while Cobb raised $76,000 and spent about $68,0000.
The seat representing all of Bedford County and parts of Lincoln and Rutherford counties was previously held by Cobb's brother.
Corker: Bredesen Estimate Shows "Huge Unfunded Mandate"
Sen. Bob Corker says Gov. Phil Bredesen's estimate that health care reform would cost Tennessee $735 million over coming years shows the latest Senate proposal Iwould be a "huge unfunded mandate."
Here's the news release from Corker's office:
In response to a conversation about the impact health care legislation could have on Tennessee, U.S. Senator Bob Corker (R-TN) today received a letter from Governor Phil Bredesen projecting that the state could face $735 million in new Medicaid costs if the Senate Finance Committee's health care bill is enacted.
"I spoke with Gov. Bredesen last week and asked him what the Senate Finance Committee's bill would cost Tennessee in terms of Medicaid expansion. His best estimate is $735 million over the first five years, which is a huge unfunded mandate that creates a very difficult situation for our state. My guess is that most other states would face a similarly painful situation if these costs are passed down," said Corker.
"The bill also seeks to take $410 billion away from Medicare, which is predicted to be insolvent by 2017, and leverage it to create a new entitlement program rather than using it to make Medicare more solvent. I honestly don't know how Congress has moved from broad, bipartisan concern over Medicare's $30-40 trillion in unfunded liabilities - liabilities that threaten our country's financial stability - to now embracing a proposal that would take cuts made to Medicare and use them to leverage a new program to cover the uninsured, rather than putting the funds toward extending the life of Medicare.
"Like most Americans, I want to see responsible health care reform but paying for it by sending unfunded mandates to states and by taking money from Medicare to fund new federal entitlements does not pass the common sense test. It appears to me that nothing is being done to actually lower the costs of health care."
In July, Corker sent a letter signed by 36 senators to Senate Majority Leader Harry Reid (D-NV) stating that: "...any potential monies found through the reform of Medicare should only be utilized to secure the financial status of this program...taking money from one program with urgent solvency problems to fund a huge expansion of health care benefits for others is not sensible... We all want health care reform but taking money from Medicare to fund a new entitlement program is not an acceptable solution."
Memphis City Attorney Suspended
From the AP:
Shelby County District Attorney General Bill Gibbons said Tuesday that the Memphis city attorney, who is under state and federal investigation, has been temporarily suspended.
Gibbons announced a consent order with Elbert Jefferson in which Jefferson is prevented from performing the duties of his office until a hearing scheduled for October 19 -- the same date through which he is scheduled to be on sick leave.
A hearing seeking a temporary order against Jefferson was scheduled for Tuesday.
"While there was no hearing held today, this consent order achieves the same result as what we intended to seek. Jefferson is suspended from performing his duties pending a further hearing," Gibbons said.
Under the consent order, Jefferson is ordered to notify the court within 72 hours if he is physically able to resume his duties. If that occurs, a hearing can be held immediately.
Jefferson is under investigation by Gibbons and the FBI for a $55,000 payment in city funds to a private attorney to cover legal bills for former Mayor Willie Herenton.
Jefferson has said the payment was related to an ethics investigation Herenton requested that he do.
The City Council has refused to fire Jefferson.
Under Tennessee law, the district attorney has the authority to file an ouster suit against a public official on his own initiative if he finds that there is reasonable cause to believe the official has committed misconduct in office or has neglected to perform his duties. The ouster statute also provides one of the few instances in which a district attorney has the power to issue a subpoena without initiating a grand jury or court proceeding.
Bredesen's "Best Guess" of Health Reform Cost to TN: $735 Million
Gov. Phil Bredesen estimated today that the latest version of national health care reform in the U.S. Senate would cost Tennessee state government somewhere between $570 million and $1.18 billion over the coming years.
The "best guess" is $735 million, he said.
The governor, speaking in a telephone news conference, said the estimates had been developed by his staff based on the U.S. Senate Finance Committee's proposal as of last Friday. The estimates have been provided to Sen. Bob Corker and Rep. Bart Gordon for sharing with the rest of the state's congressional delegation in Washington.
Bredesen said he was not taking a position either for or against the plan, but wanted congressmen to know the costs to Tennessee and keep them in mind.
The estimates do not include what the governor characterized as "exposure" to further expense for state government.
The biggest of those contingent "major downsides," he said, is the possibility that the federal government will require higher payments to health care providers. Currently, Tennessee pays providers about 85 percent of the Medicare rate on average - compared to a national average of about 72 percent, he said.
The current state budget calls for bringing Tennessee's payment rate down to about 79 percent. But the reform plans could mean increasing the payment rates, either indirectly because of pressure from providers or by way of a mandate from Congress - discussed in some quarters - to require 100 percent of Medicare rate.
That could mean an added cost of about $2.1 billion for the state, he said.
Another possibility is an expansion of drug benefits that could add as much as $1.1 billion to state costs, he said.
The figures cover a five and a half year period, he said.
The comments came in a conference call while Bredesen was in New York to meet with credit rating agencies on setting Tennessee's bond rating for the next year. Currently, Tennessee has a AA-plus rating.
Bredesen said the agencies were urged to restore the AAA rating that the state once enjoyed, but if the rate is left unchanged it will nonetheless "work well for us." The new credit ratings are expected in about a month.
'Farmers for Zach' Formed
A Farmers for Zach Wamp Leadership Team has been formed to help the Chattanooga congressman in his race for governor. It's chaired by Jere Griggs, who served as state commissioner of agriculture back during Lamar Alexander's tenure as governor.
A Wamp quote from the release: "Our growers were our state's first manufacturers. That's why my 20/20 Vision for Tennessee's Future includes a bold new 'production agenda' with an aggressive new emphasis on agriculture to elevate Tennessee growers, farmers and ranchers to their deserved place in Tennessee's economy."
For a list of members, click below
Zelenik Announces Run for 6th Congressional District Seat
Lou Ann Zelenik, chairman of the Rutherford County Republican party, announced today that will seek her party's nomination in the 6th Congressional District, a seat currently held by Democratic Rep. Bart Gordon.
Zelenik last year ran for a Rutherford County state House seat, losing in the GOP primary to Rep. Joe Carr, R-Lascasas. This time, she appears assured of the nomination, having the apparent blessing of the National Republican Congressional Committee, which emailed her press release to media.
NRCC spokesman even threw in a new Bart-bashing comment with his emailing:
"You wouldn't think a reliable Obama yes-man like Bart Gordon could find Middle Tennessee on a map, let alone represent it in Congress - and he may not for much longer. After 25 years in Washington, the congressman has lost touch with the folks back home and is politically weaker than he's ever been as a result."
Update: The Democratic party, meanwhile, chimes in with a Zelenik-bashing statement, namely:
"Lou Ann Zelenik has done nothing but tell us what she is against," Tennessee Democratic Party Chairman Chip Forrester said. "She is shrill with a history of making reckless statements such as referring to the President as a Nazi and a socialist.
"It was these types of irresponsible attacks that caused Zelenik to lose the Republican primary for state representative in 2008. Even though she outspent her opponent 5 to 1, those members of her own party who knew her best said "no" to Lou Ann Zelenik."
Here's Zelenik's release:
MURFREESBORO, TN - Lou Ann Zelenik today announced she has filed the necessary documents with the Federal Election Commission to formally enter the race for Congress in Tennessee's Sixth District.
Zelenik, a small business owner for more than twenty years and current chairman of the Rutherford County Republican Party, will seek the party's nomination to oppose Congressman Bart Gordon in November of 2010. She enters the race with a pledge to provide representation that reflects the growing conservative views of the Sixth District.
"In his twenty-five years in Congress, Bart Gordon has steadily moved away from the views of this district," Zelenik said. "As Middle Tennessee has embraced a more conservative philosophy, he has become an increasingly reliable vote for the liberal leadership in Congress. Tennesseans have said we are looking for someone who stands with us. Congressman Gordon has shown he prefers to stand with Barack Obama and Nancy Pelosi."
Zelenik co-founded L&N Construction in 1985 and closed the successful business in 2007. In announcing her bid, she emphasized her understanding of the impact government policy has on small business and job creation in a faltering economy.
"I understand priorities. I understand that families and businesses must live within our means but Congress spends our money at an unprecedented rate. Bart Gordon's 'stimulus' package was sold to the people as necessary to keep unemployment under eight percent. Today it stands near ten percent. His vote to force a 'Cap and Trade' energy tax on families in the Sixth District threatens to kill more jobs when government should be on the side of working Tennesseans. His decision to support government-run health care runs counter to the values of Tennesseans. Bart Gordon's addictions to the perks and privilege of the Washington lifestyle have made him a loyal supporter of Nancy Pelosi and her leftist agenda."
Zelenik pledged to return representation to the Sixth District that hears the voices of Tennesseans and stands up for their values.
"We understand that lower taxes create more economic opportunity. We understand that government policy should be driven by the interests of the people, not the political action committees. I will work to put the government back on the side of working families and give Tennesseans a voice in Washington. I enter this race knowing it will be difficult. Bart Gordon will be well financed by special interests. He will have the backing of ACORN and liberal national groups who don't care about Tennessee. But our children's future is worth the fight and I am ready to get to work. I ask the voters of the Sixth District to join me in this cause."
Zelenik is the mother of one daughter. She is a graduate of the Vanderbilt University School of Engineering and attends World Outreach Church in Murfreesboro, Tennessee.
Monday Morning TN News Memo, 10/5/09
Turner to TSEA?
House Democratic Caucus Chairman Mike Turner has applied for the position of executive director of the Tennessee State Employees Association, reports Andy Sher. Turner says he doesn't see any conflict between serving as a legislator and serving as head of TSEA, which lobbies the Legislature - so long as he doesn't lobby himself. Drew Johnson of the Tennessee Center for Policy Research says Turner "just doesn't get it."
Working Overtime
Speaking of state employees, they're racking up a lot of overtime at a time when the state is trying to hold down spending, according to a review of records by Chas Sisk.
Excerpt: (M)ore than 700 workers received more than $10,000 in overtime payments over the previous fiscal year, nearly as many as got similar payments two years ago. Nearly 300 boosted their pay by more than 50 percent through overtime. Sixteen doubled their salaries by working extra hours.
Bredesen: Worst Time for Reform
Gov. Phil Bredesen is talking to national media again about his concerns over proposed health care reform legislation, this time with the Washington Post.
"I can't think of a worse time for this bill to be coming," said Tennessee Gov. Phil Bredesen (D), a member of the National Governors Association's health-care task force. "I'd love to see it happen. But nobody's going to put their state into bankruptcy or their education system in the tank for it."
These fears are resonating with members of Congress and have already yielded some important legislative changes, including alterations to the Senate Finance bill, which includes billions of dollars in additional funding, added after governors raised a fury about the original, lower sum.
Regarding Henry (and Yarbro)
Jeff Woods has provided an overview of the developing Democratic primary race between Sen. Douglas Henry, 83, and Jeff Yarbro, 32.
Excerpt: Politics 101 says a challenger must go on the attack to convince voters to fire the incumbent. But that's risky against a political institution like Henry, and Yarbro is taking pains not to upset the senator's many admirers.,,, "If you're waiting on me to say something negative about Sen. Henry, you're going to be waiting a long time."
TVA on TV
Sunday's "60 Minutes" report on the ash spill at TVA's Kingston Steam Plant got mixed reviews, says the Chattanooga Times Free Press. A Harriman resident is quoted as saying the TV show was "fair and balanced." TVA saw the report differently.
Recipe for Election Year Confusion?
State Sen. Bill Ketron says he plans to seek a Senate floor vote on his bill to delay implementation of the Voter Confidence Act on the first day of the 2010 legislative session in January. The bill failed by one vote last session with two supportive senators absent. The vote might - or might not - come before a judge has a chance to rule on the lawsuit filed last week that seeks to force Secretary of State Tre Hargett to buy the new voting machines mandated by the act.
Noseworthy on Mumpower, Kelsey
The City Paper's "Rex Noseworthy" column reports that House Republican Leader Jason Mumpower "has gone largely AWOL" in the view of some colleagues.
"According to Rex's sources, Mumpower has not been raising the campaign cash, isn't talking to his leadership colleagues and has for the most part disappeared."
(Note: Mumpower said last week that he has been spending a lot of time caring for his terminally-ill mother.)
Another Noseworthy note: Brian Kelsey held a Nashville fundraiser for his state Senate campaign last week at The Standard, a favored hangout of former Sen. Paul Stanley of Germantown. Rex says Stanley, who resigned in a scandal over his sexual relationship with an intern, reportedly took the intern there, too, and Kelsey's "choice of venue had some people snickering."
Not Missing in Memphis
Some records from former Mayor Willie Herenton's office have turned up, reports Mark Perrusqula, and that's causing problems for both Memphis City Attorney Elbert Jefferson - who had told a grand jury there were no records - and, possibly, for Herenton as well.
A.C. Amazed
The astute A.C. Kleinheider says it's amazing how much effort national progressive bloggers are putting into an effort to unseat U.S. Rep. Jim Cooper.
Is Coop the most progressive congressman Nashville could produce? Certainly not. But is that enough a reason to turn him out? Elective office is and should be less secure than a regular job but what has Cooper really done to deserve a pink slip?
Education Commissioner Exit Assured?
State Education Commissioner Tim Webb is one of two finalists for the job of Cheatham County school superintendent. The other guy is from Arkansas.
Wonder who the favorite might be? And, given the obvious answer, who will be the next commissioner of education after Webb bows out to take the new, longer-lasting job?
And who will be the next Bredesen commissioner to bail as the governor enters lame duck mode? (There's lots of speculation about Dave Goetz.)
Race in the 9th District: An Obama Opportunity?
Bart Sullivan has done a lengthy treatise on the 9th District Congressional race and the racial implications that have attracted national interest, including speculation that President Obama may step into the fray.
That would perhaps be politically unwise, some say.
But in 2008, in fact, then-candidate Barack Obama did get involved in the 9th District Democratic primary. He made an Election Day condemnation of "these incendiary and personal attacks" made by surrogates of Cohen's opponent, corporate lawyer Nikki Tinker. Obama said it was time to "turn the page on a politics driven by negativity and division."
While some hope that kind of high-minded campaigning is still possible, others say such thinking is naive.
Relationships are everything in politics, and Cohen will be reminding Democrats that he endorsed Obama before the Tennessee presidential primary last year, while Herenton backed Hillary Clinton.
Meanwhile, Otis Sanford weighs in with an opinion piece, basically saying that high-minded hopes hinge on Herenton.
Perhaps come January, if Herenton's still running, he'll tell Chism to take a hike and he'll leave all the racial code words on the sidelines.
Perhaps he'll return to the mind-set he shared with professor Gates when Herenton was at the height of his popularity and effectiveness.
Perhaps he'll finally decide to set an example for the next generation of political leaders -- of all races -- who want to establish a new tone in Memphis politics.
Perhaps he'll conclude that Memphis cannot withstand the kind of political race war that is poised to break out during this campaign.
I know, that's too much to ask.
But can't a naive editor hope?
Is HD 62 a Special Stage-Setter for 2010? Probably Not
(Note: This is a slightly longer and unedited version of Sunday's column in the News Sentinel)
This month's special election for an open state House seat is apparently seen by both sides as something of a preliminary skirmish - and/or a chance to hone skills and strategies -- in next year's political war for control of the Tennessee General Assembly.
The front-line combatants in this fall of 2009 skirmish are Republican Pat Marsh, a trucking company owner, and Democrat Ty Cobb, a United Parcel Service truck driver who is the brother of former Rep. Curt Cobb, who resigned the seat last summer to take a better-paying local government job.
The generals in the rear, plotting strategy and trying to keep the supply lines open, are state Republican Chairman Chris Devaney and state Democratic Chairman Chip Forrester. Both have a history of service as political soldiers, but neither ha s been supreme state commander before.
Various lieutenants and allies are engaged on both sides, running into the district for rhetorical raids and sending ground troops to march door-to-door with brochures and such. Big guns firing off their mouths include Republican U.S. Sen. Bob Corker and Democratic Gov. Phil Bredesen, for example.
The Southern Middle Tennessee battleground was designed by the last redistricting to favor Democrats, but is fairly competitive. It includes all of Bedford County, which leans Democratic in local elections, plus a chunk of Lincoln County and a sliver of Rutherford, which both tend more toward Republicans.
The district overall voted for Republican John McCain last year over Democrat Barack Obama, rather in keeping with the whole state.
And therein seems to lie a goodly portion of the Republican strategy, as plotted back at headquarters.
Continue reading "Is HD 62 a Special Stage-Setter for 2010? Probably Not"
Odds & Ends In TN News: Tweets, TVA, Obama-bashing Baptist & Saturn's Success
Political Tweets Reviewed
The Memphis Flyer, perhaps setting a precedent in state political reporting, has done an entertaining review of tweets by the horde candidates for mayor of Memphis - and pretend candidates.
The review includes the number of followers for each candidate, a bit of commentary on their efforts and some samples. Frontrunner A C Wharton and some others are rated as boring. Others, well, not so much so.
Lamar on Saturn
Sen. Lamar Alexander, who as governor led the effort to bring the Saturn plant to Tennessee, recalls spending $450,000 to advertise his success and lauds Saturn's achievements now that it appears an obituary may be in order.
What Will 60 Minutes Say About TVA?
The CBS news program "60 Minutes" plans a segment Sunday on the ash spill at TVA's Kingston Steam Plant. TVA CEO Tom Kilgore sent out a "here-it-comes" memo Friday.
The Chattanooga Times Free Press provided both a setup story and the text of his letter.
The Kilgore memo begins:
"Given the program's large audience and its reputation for conflict-driven journalism, we at TVA believe it is important to give you our perspective on the report and some background on our cooperation with the "60 minutes" staff."
Obama a Nut?
A minor flap has developed in Murfreesboro over a Baptist Church sign that says, "ACORN, not the only nut in D.C."
Bellwood Baptist Church pastor James Avaritt tells The Daily News Journal that the sign is not really political, but he is referring to Barack Obama:
"He appointed a science czar who believes in population control and abortion," said Avaritt. "One czar believes animals have the right to sue their owners. These guys he is putting in, they are absolutely in left field, and they are not accountable to anyone but the president."
Court Clerk Charged
Judy Barnhill, a clerk for Madison County courts, has pleaded not guilty to charges of criminal trespassing and simple assault, apparently as the result of a confrontation with relatives of her daughter-in-law, who is getting a divorce from her son.
Carter Commissioner Quits
Carter County Commission Richard D. Tester is resigning his seat because of a potential conflict-of-interest in doing work for the sheriff's office.
The Way Things Are in Tennessee Local Taxes
Property taxes charged io Tennessee cities and counties are less than half the national average and are growing slower than the national average, according to the Chattanooga Times Free Press,
The U.S. Bureau of Census reported that property taxes for the typical Tennessean rose last year by $2 a month to $924 per year, placing the Volunteer State among the 10 lowest-cost states for property taxes during 2008.
,,, Nationwide, property taxes last year grew by an average 3.2 percent to an average of $1,897 per year.
(The nationwide review is available from the Tax Foundation.)
No to $25 for New Schools
In Wilson County, voters have rejected a proposed $25 increase in the local motor vehicle tax to pay for building one new high school and buying the land for another.
From the Lebanon Democrat:
They said no by a 54-46 percent margin. All told, 4,417 people voted for the increase and 5,221 people voted against it. That's a turnout of 15 percent, low but better than expected.
A proponent of the tax increase is quoted: "I think a lot voters voted with raw emotion without the knowledge of truly what the issue was."
Haslam Gets Some Ink, East and West, on Straw Polls, Pandering
Jackson Baker reports that Bill Haslam is making repeated visits to Shelby County, perhaps undermining the Republican gubernatorial race base of Bill Gibbons. That includes some door-to-door campaigning.
"Obviously you can't visit every household in the state, but we're doing this three times a week, alternating west and middle and east. Then we start the cycle all over again," Halsam said.
The response the Knoxville mayor got in knocking on one door in Bartlett: "Who are you? A state senator?"
Haslam dismisses the importance of GOP gubernatorial straw polls, where Zach Wamp has been wining, most recently in Wilson County.
"If you look at straw polls historically... They haven't been of much significance in determining elections." He noted that eventual U.S.; Senate winner Bob Corker did dismally in the same poll before the 2006 election, "finishing behind somebody who wasn't even in the race." The bottom line: "We're personally not worrying about straw polls now."
(Of straw votes in general, Democrat Jim Kyle ,the Shelby County Democrats' favorite son among gubernatorial candidates, chose to put it this way while appearing at a party picnic in Memphis last weekend: "The Wilson County poll was won by Democrats. Only 141 people voted. The week before, in a comparably-sized county, Rutherford County, 320 people voted in the Democratic straw poll.
Back in Haslam's hometown, Frank Cagle asks the question, "Is he good to pander?
Cagle suggests the answer is yes, with possible negative ramifications in the current race.
...In a gubernatorial campaign, nuance and compromise are not thought to be virtues.
Haslam almost has a compulsion against doing the "political" thing. His tenure as mayor has been marked by a singular reluctance to manipulate the media, grandstand for the public, or engage in self-promotion. (Not that any other mayor would do that.)
It is as if Haslam knows his motives are pure and he doesn't need to prove anything to anybody. How could anybody question his sincerity? It is, in many ways, a good way to be. It has worked in the Knoxville mayor's office. He is well liked. People trust him. Rarely does anyone question his motives. But then, we know him. Perhaps by the time the campaign is over, people across the state will know him. And trust him. And respect the fact he won't just say anything to get votes.
... Has Bill Haslam ever had to kiss corporate ass to keep his job? Has he ever had to "play the game" to get ahead, get a promotion, or close a deal?
Well, to get elected governor you sometimes have to kiss some voter ass. Good luck.
Bredesen Sets House District 83 Special Election on Dec. 1
News release from the governor's office:
Governor Phil Bredesen today announced he has issued a Writ of Election to fill the vacancy in the Office of State Representative for District 83. The vacancy was created upon the resignation of State Representative Brian Kelsey.
The Writ of Election directs the Shelby County Election Commission to hold Democratic and Republican primary elections to fill the vacancy in the Office of State Representative, District 83, on Tuesday, December 1, 2009. The general election will be held on Tuesday, January 12, 2010.
The Writ of Election is issued in accordance with Article II, Section 15, of the Constitution of the State of Tennessee and Tennessee Code Annotated, Section 2-14-202.
Court Backs State in Mental Disabilities Lawsuit
The state's lawyers have won a round in a long-running lawsuit. Officials are hailing the as clearing the way for budgeting an extra $38 million in federal funding for Tennesseans with intellectual disabilities.
Here's the news release from the Department of Finance and Administration:
A federal court ruling involving the Arlington Developmental Center near Memphis will mean more federal money for services to people with intellectual disabilities in Tennessee. The U.S. District Court for the Western District of Tennessee granted a state motion that will result in an additional $38 million that can be budgeted for medical services through the Division of Intellectual Disabilities Services (DIDS) and TennCare.
"The court's ruling will allow us to provide benefits that would cover all persons in waiver services, not merely the members of the Arlington Plaintiff Class," said Stephen Norris, deputy commissioner for the Division of Intellectual Disabilities Services. "We have worked toward resolving court battles so we can concentrate efforts and resources on delivering the best possible services to Tennesseans with intellectual disabilities."
The court's ruling allows the state to terminate a contract with the Community Services Network of West Tennessee (CSN). The state can then negotiate for the services to be provided by a current TennCare contractor, which would be eligible for federal matching money where CSN did not receive federal funds.
The state plans to use the additional funds to develop an Integrated Health Services Delivery Model for people with intellectual disabilities who are served through the state's Medicaid programs. The additional funds may also allow the state to offset any future reductions for the division that may be necessary in Fiscal Year 2011.
CSN was created after an August 1999 citation requiring the state to enter the contract to provide healthcare services to members of the class lawsuit. The services were in addition to those that were otherwise available through TennCare or home and community-based services program.
"The employees of the division continually strive to enhance the quality of care for the persons we support. Our focus must always remain on the persons we serve," Norris said. "Family members will be pleased to learn we are leveraging more federal funds to take care of those who are in need of these services."
'Blackface' Blog Headline Brings Red-faced Regrets
The AP's Lucas Johnson, fresh from reporting on diversity training at the Legislature that was inspired by a blacked-out photo of Barack Obama, today reports on another episode of apparent insensitivity.
Here's a cut-and-paste of his story:
A Nashville candidate challenging a state lawmaker says a blogger's racially insensitive headline about him was distasteful but insignificant to his campaign.
Newcomer Steven Turner is trying to unseat Democratic state Rep. Mary Pruitt. Pruitt easily defeated her last challenger, Jason Powell, who is white.
On a Nashville Post blog Thursday, writer A.C. Kleinheider used a video still shot of Turner, who is African-American, with a headline that read: "Is That Jason Powell in Blackface?"
Kleinheider apologized the next day after a firestorm of opposition to the headline.
"To those that I offended, I am truly sorry," he wrote on his blog, which is closely followed by political insiders. "It was never my intent to hurt anyone. My intent was to provoke a positive discussion. In that, I failed. Because, while I certainly incited something, it wasn't the least bit constructive."
Kleinheider said his intent was to create discussion about what he believes are political similarities between Powell and Turner, but that Turner probably has a better chance of defeating Pruitt, who is also African-American.
"The reason was seldom said but clear as day. Jason Powell was white in a district that wasn't," Kleinheider wrote.
Turner told The Associated Press on Friday that the headline was in "poor taste," but the 26-year-old candidate said it's "much to do about nothing" and he's "focused on ... being successful in my bid to become the next representative of the 58th House District."
Environmentalists' Scorecard: Marrero, Turner are Best, Niceley and Senate Environment Chair the Worst
Tennessee Conservation Voters has released its annual rating of state legislators based on the stance they took on environmental issues.
The highest-rated legislators are Sen. Beverly Marrero, D-Memphis, and House Democratic Caucus Chairman Mike Turner of Nashville. Both had a score of positive 10.
TVC awards one point for each action deemed supportive of the environment, but subtracts a point for each action deemed negative to the environment. The actions include votes on bills and sponsorship of legislation.
The worst score went to Rep. Frank Niceley, R-Strawberry Plains, with a minus 8 score. Runnerup for worst rating, interestingly, was Sen. Steve Southerland, chairman of the Senate Environment and Conservation Committee, with a minus 7.
For the full scorecard, click HERE.
In a news release, TVC only highlighted legislators with a good rating, thusly:
This year's top-ranked members of the Senate are Senators Andy Berke (Hamilton and Marion counties), Jim Kyle (Shelby County), Beverly Marrero (Shelby County) and Reginald Tate (Shelby County)
The top-ranked Representatives are Mike McDonald (Sumner County) Tommie Brown(Hamilton County), Karen Camper(Shelby County) Kent Coleman (Rutherford County) Craig Fitzhugh (Crockett and Lauderdale Counties) Brenda Gilmore (Davidson County) Sherry Jones (Davidson County) Mike Kernell (Shelby County) Larry Miller (Shelby County) Mary Pruitt (Davidson County) Jeanne Richardson (Shelby County) Johnny Shaw(Madison and Hardeman Counties) Mike Stewart (Davidson County) Janis Sontany (Davidson County) Mike Turner (Davidson County) and Eddie Yokley (Cocke and Greene Counties).
Good Green Deeds Award recipients were announced for Senator Bill Ketron, Senator Doug Jackson and Representative Bill Dunn, honoring them for their leadership in trying to stop mountaintop removal mining, along with consistent environmental champion and a Legislative Friend this year as well, Rep. Mike McDonald.
McDonald, who had a score of positive six, was probably the most prominent legislator in environmental issues during the past session. For example, he took the lead role in defeating a bill that would have allowed the release of more selenium in Tennessee waters.
Among the bills used in the ratings was a measure to allow handgun carry permit holders to take their weapons into state and local parks. TVC considered a yes vote on the bill as a negative; a no vote as a positive.
More War of Words in House District 62
In today's episode, we first find House Democratic Caucus Chairman Mike Turner providing the the opening salvo, denouncing "ridiculous attacks" and "smear tactics" by Republicans against Democratic nominee Ty Cobb.
Then there's a comeback from state Republican Chairman Chris Devaney, defending Republican nominee Pat Marsh and declaring that Turner is a liberal, "misleading" and obviously "rattled" by the GOP successes.
For releases from both sides, click below.
Bredesen Backing Sen. Henry Against Democratic Challenger
Gov. Phil Bredesen has signed on as a host to a fundraiser next month that will kick off the re-election campaign of state Sen. Douglas Henry of Nashville, who will be facing a challenge from Nashville attorney Jeff Yarbro in the Democratic primary next year.
Bredesen spokeswoman Lydia Lenker, responding via email to a query about the governor's backing of Henry, 83, the most senior member of the state Legislature:
The Governor says he would be hard pressed to find anyone who's been more supportive of him over the years. Bredesen says Sen. Henry, as chairman of the finance committee, was especially helpful during his first term - when the senator chaired the finance committee - during our efforts to get the state's finances back in line.
The Governor believes Henry has a tremendous amount of support within the district and he suspects Henry will be hard to beat.
Yarbro kicked off his campaign earlier this week with support of an array of prominent Nashville Democrats - interestingly including Katy Varney, who is the wife of state Finance Commissioner Dave Goetz, a top member of the Bredesen administration.
Lawsuit Filed Against Hargett, Goins Over Voter Confidence Act
(Updated from earlier post)
Common Cause of Tennessee has filed a lawsuit seeking to compel state officials to implement the Tennessee Voter Confidence Act, which calls for installing voting machines with a paper ballot trail statewide for the 2010 elections.
"It's mainly a matter of timing," said Dick Williams, who heads Common Cause in Tennessee.
Williams said the lawsuit needs to get underway in order to have a ruling early enough to get the voting machines in place by the elections.
A Nashville law firm and a University of Memphis professor are acting as attorneys in the lawsuit, filed in Davidson County Chancery Court. It names Secretary of State Tre Hargett, Election Coordinator Mark Goins and members of the Tennessee State Election Commission as defendants.
Said Goins in an emailed response to a request for comment:
"We're reading the lawsuit and need to consult with the Attorney General's office before we make a comment."
The lawsuit puts Attorney General Bob Cooper in an interesting situation. House Majority Leader Gary Odom, who supports immediate implementation, recently asked Cooper for a formal opinion on whether the Voter Confidence Act must be implemented. Now, presumably, he will be in the position of defending Hargett, Goins and the other officials against the Common Cause lawsuit -- and that may make a response to Odom's request unlikely.
A copy of the lawsuit is available HERE.
The following is from the Common Cause press release:
The law in question, the Tennessee Voter Confidence Act, requires the state to replace Tennessee's paperless voting systems with precinct count optical scan and paper ballot systems which allow for meaningful recounts and audits. Although the law was passed in 2008, the state has done little to implement it before the 2010 deadline.
Common Cause Tennessee went to court today to compel the Secretary of State to implement the law.
Common Cause is represented by the Nashville law firm of Branstetter, Stranch & Jennings, University of Memphis Law Professor Steven J. Mulroy, and Voter Action, a national legal advocacy organization working to protect the integrity of US elections. The lawsuit also names an individual Tennessee voter as an additional plaintiff.
Numerous studies --- including the Tennessee Advisory Commission on Intergovernmental Relations (TACIR) staff report, "Trust but Verify" (December 2007)- have concluded that the paperless touchscreen voting systems deployed in almost every county in Tennessee are vulnerable to hacking and have serious reliability problems. Software bugs and glitches can go undetected in these machines because they cannot be audited, and the outcome of elections can be changed without the voters' knowledge or consent. To address this problem, the Tennessee State Legislature passed the Tennessee Voter Confidence Act in 2008, requiring the state to switch to a more secure and reliable paper ballot system. The law passed unanimously in the Senate and by a vote of 88 to 6 in the House.
"Tennessee voters deserve a voting system that they know will accurately record and count their votes" said Dick Williams, Chair of Common Cause Tennessee. "That is why the legislature passed this bill in 2008 and the Governor signed it into law. We are going to court today to see that the will of Tennessee citizens is honored and the law is enforced by 2010."
The Secretary of State has long opposed implementation of optiscan by the November 2010 statutory deadline, and tried unsuccessfully to get the Legislature to extend the implementation date by 2 years this past legislative session. He claims that the 2008 Act requires that only voting machines certified to 2005 federal standards be used, and that no such machines exist. As the lawsuit will show, however, the Act's language does not require "2005 standards," and there are machines available which meet the standards of the 2008 Act.
"The law clearly requires the implementation of precinct based opti-scan machines prior to the November 2010 election. I am disappointed that the State has resorted to a tortured game of semantics in an attempt to avoid its clear obligations under the statute," said Gerard Stanch, lead counsel for plaintiffs.
"The integrity of elections in Tennessee is at stake in this case," said John Bonifaz, legal director for Voter Action and co-counsel for the plaintiffs. "Tennessee voters have the right to have their votes be properly counted. Court intervention is now necessary to ensure that Tennessee election officials comply with the law and implement a voting system by 2010 which protects the franchise."