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Politics Politics Beat Blog Politics Feature

UPDATED: On a Date Uncertain (for State Senate Filings)

(UPDATE: The state Supreme Court, meeting in emergency session, has overturned the injunction setting May 5 as the new date for state Senate filings. Citing the “harm” that could be caused by the injunction, the court established a new filing deadline for the state Senate positions as 4 p.m. Thursday, April 14.)

To crib a phrase from Shakespeare: “If this be error and upon me proved …” Well, it’s proved, all right, and I’ll just have to own up. There is an error in the “Politics” column on this week’s Flyer print edition (April 14), and I’ll try to unravel it both here and, more briefly, via a note in the next print edition.

The error was to suggest that “the filing deadline for the District 33 state Senate primary has been shifted to Thursday, May 5, as a consequence of the seat — formerly held by Katrina Robinson — having been vacated last month by legislative action. The current holder of the District 33 state Senate seat is former state Representative London Lamar, who was appointed as interim state Senator last month by the Shelby County Commission.”

The unstated implication was that the filing deadline for the other state Senate seats on the ballot, for Districts 29 and 31, had continued to be April 7, as originally scheduled, and that the opportunity to file for those seats was thereby foreclosed.

In reality, all the state Senate seats, everywhere in the state, are, at present, subject to a revised filing deadline of May 5, and former Senator Robinson’s misfortune, due to a felony conviction, had nothing to do with it.

The actual explanation for the shifted deadline date for state Senate filings has to do with this line from the state constitution: “In a county having more than one senatorial district, the districts shall be numbered consecutively.” In their zeal to achieve desired outcomes in various areas of the state, the Republican overseers of the reapportionment process, inadvertently redrew the lines for state Senate districts in Davidson County (Nashville) so as to violate this provision, which prevents odd-numbered and even-numbered seats from being voted on in the same election cycle. The idea is to restrain the potential for turnover of seats in a county with multiple seats.

Under the original redistricting, the state Senate seats held by the Democrats in Davidson County became the 17th, 19th, 20th, and 21st. That fact put three out of the county’s four seats at risk Plaintiffs backed by the state Democratic Party sued, and a three-judge state panel held in their favor, ordering that the redistricting maps for state Senate seats be redrawn in conformity with the state constitution.

The three-judge panel also ordered a new filing deadline date for state Senate seats of May 5. That’s for all state Senate seats.

The state Attorney General’s office has appealed the ruling, and the state Supreme Court has agreed to hear the appeal — the practical meaning of which is that the filing date for state Senate seats could be changed yet again, possibly even returning to the original April 7 date, which has passed.

Got all that?

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News News Blog

Senate Dems Urge Forrest Bust Removal

Tennessee state Senate Democrats are urging officials to “finish the job” to remove the bust of Nathan Bedford Forrest from the Tennessee State Capitol. 

Friday marks the first day the statue can legally be removed, following a 120-day waiting period from the Tennessee Historical Commission vote to remove the bust in March. Friday also marks the one-year anniversary of the vote by the Tennessee Capitol Commission to recommend its removal.  

“Our state capitol should be a place that celebrates the values and causes that unite us as Tennesseans,” said Sen. Raumesh Akbari (D-Memphis). “It was never a place for Nathan Bedford Forrest and now the day has come for us to finally remove his bust from these hallowed halls — and it should be done without delay.”

Sen. Brenda Gilmore (D-Nashville), who has called for removing the bust for decades in the legislature, said state law has been followed and it’s time for the bust to go.

“I have dedicated years of my life to racial justice and one fact I have learned time and time again: To overcome inequality, we must confront our history,” Sen. Gilmore said. “No figure in the modern history of Tennessee better encapsulates this lesson than the bust of KKK grand wizard Nathan Bedford Forrest.

“If we cannot remove a memorial to an enslaver from our state capitol, how can we begin to make progress on equitable school funding, fair policing, and adequate healthcare for all people?” she said. “Removing this bust today does not usher in racial equality, but it shows progress can be made. And the work of justice will continue.”

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Politics Politics Beat Blog

Senate Vote Gives Rep. DeBerry New Opportunity to Run for Reelection

The Tennessee legislature may not have seen the last of Memphian John DeBerry. The longtime state representative from state House District 30, whose bona fides as a Democrat were formally denied by the state Democratic executive committee in April, thus disqualifying him as a candidate in the party primary, has now been enabled to run for reelection as an independent.

The state Senate on Thursday overwhelmingly approved a House amendment to a vaguely related Senate measure on the tenure of General Assembly members, the effect of which was to reopen the opportunity for DeBerry to file to run for his office as an independent on the November election ballot.

As stated, the amendment “[a]uthorizes an incumbent member of the General Assembly who has filed a petition for reelection to file a new petition as a candidate for another political party no less than 90 days before a primary or general election if the incumbent is disqualified from candidacy by the current affiliated party’s executive committee.”

DeBerry expressed gratitude at the outcome and indicated he would indeed take advantage of the opportunity to run again for the seat he has held for 13 two-year terms. “There are some nice new people running, but I think the people of my district know me well, and I want to continue to serve them,” he said.

Three candidates — Torrey Harris, Anya Parker, and Catrina Smith — will vie on the August primary ballot for the Democratic nomination and the right to oppose DeBerry in November.

DeBerry, who had always previously been elected as a Democrat, had filed to run in the party primary but was disallowed by a majority of the party’s state executive committee in response to complaints from Democratic activists regarding what they saw as DeBerry’s over-cozy relationship with legislative Republicans and his habit of voting for GOP-sponsored initiatives.

Among other matters, DeBerry has consistently voted for anti-abortion measures in the legislature, has supported private-school vouchers, has received significant financial support from Republican sources, and, in general, has been regarded by the complaining activists as being as a sort of GOP fellow traveler. DeBerry has always contended that he merely represents the interests of his district and votes his conscience.

The vote in the Senate Thursday was 29-1, with the only nay vote coming from state Senator Jeff Yarbro of Nashville, the Democrats’ Senate leader. Yarbro contended that the bill amounted to “enacting a protection for incumbents” and was backward-looking in its import. Other Democrats approved the measure — including state Senator Raumesh Akbari of Memphis, who as a member of the party executive committee had voted in DeBerry’s favor back in April.

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Politics Politics Beat Blog

New Actions Against Ranked Choice Voting

Local supporters of Ranked Choice Voting – aka Instant Runoff Voting (IRV) – are alarmed by what would seem to be two simultaneous threats to the process, both scheduled for action on Tuesday.

1. The Memphis City Council, which voted 11-0 in December to establish a referendum on the November ballot to repeal IRV, has scheduled a supplementary discussion on the matter during a 2 p.m. executive committee session on Tuesday.

The December vote was in effect to give Memphis voters an opportunity to rethink and offset their positive vote in a 2008 referendum to authorize IRV, a process which would allow the selection of a winner in a race in which no candidate had attained a majority.  Voters would be asked to rank their candidate choices in order of preference in order to facilitate a resampling of votes that would obviate the need for an expensive and likely ill-attended runoff election.

Interestingly, the process — used in several elections elsewhere in the nation — is also akin to the ranking process used by members of the Motion Picture Academy to select winners in Academy Awards categories.

The Election Commission has scheduled a trial of the process in the city election of 2019. Should the anti-RCV referendum prevail in November, that trial would be canceled.

(2) Also on Tuesday, in what could be a more direct challenge to RCV, the state Senate State and Local Government committee in Nashville is, according to its published agenda, scheduled to consider SB 2271, which, in the language of the bill summary, would “prohibit….a county or municipality from using instant runoff voting for purposes of conducting a primary, general, or special election.”

The bill is sponsored by state Senator Ken Yager (R-Kingston), chairman of the Senate State and Local Government Committee, and is a companion bill to HB 638, sponsored by state Rep. Mark White (R-Memphis), which was introduced in the 2017 legislative session.

When local RCV supporter Aaron Fowles first learned of the legislation, he inquired of the Ingram Group, an organization which is a registered agent of the City of Memphis for lobbying in Nashville, as to the origins of the bill. Fowles said a member of the firm confirmed that Ingram had been commissioned by the City Council to lobby on behalf of the anti-RCV bill. (The lobbyist, Sam Reed, also confirmed this fact to the Flyer.)

Fowles said he was called the next day by Allan Wade, counsel for the City Council. Fowles summarized that conversation in a memorandum which he later circulated at large. Among the excerpts:

“He [Wade] told me that he understood I’d called the council’s lobbyist and that if I had questions I should direct them to him and not speak with the lobbyists, whom he called employees. I answered simply that I could call whomever I chose, to which he responded that I could kiss his ass….[H]e suggested that my interfering with city business might be considered a ‘tort’ and that he was putting me ‘on notice.’

Fowles said he regarded the conversation with Wade as evidence that the Council, not content with trying to nullify RCV via referendum, was “now directing taxpayer dollars to get it defeated and intimidating citizens to defend that expenditure. Furthermore, the council is working to subvert a referendum that is already in progress.”

Said Fowles: “An oft-repeated refrain during the initial IRV debate was that the city council was giving the voters a second chance to state whether or not they want IRV in local elections. With the employment of these lobbyists the city council is working to actively take that chance away.”

Fowles also noted an additional complication in the fact of a second November referendum authorized by the Council, one that would prohibit all runoff elections of any kind whatsoever.

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Politics Politics Beat Blog

Despite Competing Partisan Claims, the 2015 Legislative Session Was Neither a Grand Success nor a Total Flop

JB

GOP Leaders: (l to r) House Majority Leader Gerald McCormick, House speaker Beth Harwell, Governor Bill Haslam, Senator Speaker/Lt. Gov. Ron Ramsey, Senate Majority Leader Mark Norris

NASHVILLE — Two sets of post-mortems on the 2015 session of the Tennessee General Assembly were held Thursday morning in the state capital — one by Governor Bill Haslam and the Republican leadership, another by the leadership of the Democratic legislative minority.

Haslam, flanked by House and Senate Speakers Beth Harwell and Ron Ramsey and by House and Senate majority leaders Gerald McCormick and Mark Norris, all sitting at a table in the old Supreme Court Chamber in the Capitol, opened up this way:

“The primary constitutional obligation of the General Assembly and the Governor is to present a budget that balances. This actually was an extraordinary year; not only did we do that, but if you think about it, the hardest time to govern is when you actually have extra money.” An A grade, all things considered.

Half an hour later, over in the Conference Room 31 of Legislative Plaza, it was the turn of House minority leader Craig Fitzhugh, standing primus inter pares among some 18 of his party members from both chambers (the total number of Democrats in both is 30, out of a total of 132).

Said Fitzhugh, by way of starting up: “We legislated quickly, and we passed a budget. That’s about it.” Inasmuch as the veteran Leader from Ripley was among the many in both parties and both chambers who had felt rushed by the session’s hyped-up pace and among the few who could not bring themselves to vote for the budget, that was a failing grade.

In fact, both Haslam and Fitzhugh were exaggerating.

The Governor actually made the claim that “all of what you would call Governor’s bills were passed,” when his most important initiative of all, his Insure Tennessee Medicaid-expansion plan, was blocked in both the special session that began the legislative year and in the regular session.

JB

Democratic Leaders: with House Minority Leader Craig Fitzhugh at podium; Others include House Caucus Leader Mike Stewart and Senate Minority Leader Lee Harris.

And, while Fitzhugh made a point of naming the failures of Insure Tennessee and of a late tax-relief bill to benefit veterans as reasons for his displeasure, it was also true that several measures opposed by Democrats were blocked as well, and by a bipartisan coalition. Among those were a bill to allow de-annexation of rebellious communities from cities and, for the third or fourth year in a row, a bill allowing for a modest school-voucher start-up.

True, a GOP-backed bill to strike down local options on banning guns in parks passed both chambers, but Haslam has made clear his disagreement with the bill and said on Wednesday that he would decide within a week — maybe as soon as Friday — whether to veto it.

UPDATE: To the surprise of most (and the acute dismay of many) the Governor signed the latest guns-in-parks bill on Friday, abolishing thereby the freedom-of-action of cities and other local jurisdictions regarding firearms in their park areas.

There was actual bipartisan concord on several matters — including virtual unanimity in passage of a home-grown educational standards bill to replace Common Core that was so similar in nature to the much-abused original as to be its fraternal twin.

And even the late failure in the House (on Wednesday) of a bill to permit in-state tuition for undocumented immigrants was not due to partisan disagreement — though a GOP right-winger, Rep. Matthew Hill (R-Jonesborough) may have sullied it for some Republicans by comparing it to President Obama’s immigration directives. The real problem may have been the absence of two Democratic supporters from the vote, both for work-related reasons.

House Democratic caucus leader Mike Stewart (D-Nashville) did what he could Thursday to deflect possible recriminations against the two, Bo Mitchell and Darren Jernigan, both from Davidson County, by saying, “This is a citizen legislature. Absences are going to happen.” The fact remains that the bill fell one vote short of the 50 needed for passage.

Stewart was less forgiving in the case of Insure Tennessee’s failure, clearly brought about by the failure of the Governor’s own Republican Party (with some exceptions) to support it. An “extraordinary failure,” the Democratic caucus leader called it, and, indeed, even as Haslam vowed at the GOP availability to continue supporting it as “the right thing to do,” Lt. Governor/Senate Speaker Ron Ramsey, sitting to the Governor’s immediate left, opted out loud for the alternative of a two-year scenario involving election of a Republican president in 2016 and conversion of Medicaid funds into pure block grants.

The Democrats, for their part, vowed to renew their support for Insure Tennessee. Fitzhugh announced that the combined party caucuses would be sending Haslam a letter before the week ended beseeching him to call another special session to deal with the measure. It’s fair to say that’s pretty unlikely, and the fact that next year is an election year decreases the likelihood of action in the 2016 session as well, especially given the scenario spelled out by Ramsey.

The Governor had expressed pride in getting safely through two “contentious” matters in the session just concluded. One was the Common Core matter, and that could be stacked up with other education-related successes of the Haslam agenda, including the roughly $170 million in “new money” appropriated for K-12 education and backing for higher education initiatives as well, including Drive for 55 and Tennessee Promise, both aimed at raising the level of adult post-secondary education.

Haslam was on thinner ice in expressing satisfaction in how the legislature had skirted (to his mind) major controversy in limiting anti-abortion legislation to the imposition of a 48-hour waiting period. The Democrats made whoopee on that matter, regarding which Planned Parenthood and various organized women’s groups remain outraged. “Their mission is to change the way women live. They are taking their rights away,” Rep. Sherry Jones (D-Nashville) maintained.

Still, a fair assessment of the just-concluded session from a neutral observer might be: Could have been worse; surely could have been better. Some of the outright wack stuff, like the attempt to make the Bible an official state book, was beaten down by bipartisan action, and there was intermittent harmony on other issues as well.

One such was the hectic pace of the legislature’s increasingly abbreviated sessions — an innovation that, quite obviously, has been driven by Ramsey, who has set mid-April adjournment deadlines for a body that in recent years had continued its deliberations well into summer.

At the Republican leadership availability in the old Supreme Court chamber, Ramsey had expressed pride in what he called cost-conscious “efficiency” gained from the sped-up pace and claimed, “We didn’t even feel rushed.” But, after a brief pause, in which he must have noticed either slight murmurs or rolled eyes out there among his auditors, he added, “OK, we were rushed.”

Earlier Thursday morning, a bipartisan group of legislators having breakfast at the Red Roof Inn, a modestly priced alternative to the state capital’s more expensive hostelries, sat together, grumbling about what they saw as a much too frantic pace, which one or two of them attributed to Ramsey’s need to get about his auctioneering and real estate businesses as early as possible in the spring.

In any case, these legislators agreed that key bills were being overlooked in the undue haste and some, like the in-state tuition bill which they all happened to support, had fallen victim to it. If there is a true bipartisan consensus developing on any one matter, this matter would seem to be it.

In any case, here it is, still April, and the General Assembly is over and out.

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Editorial Opinion

Good Start for Lee Harris

Say this for Lee Harris: The man gathers no moss. The University of Memphis law professor and state senator-elect from District 29 is still keeping his City Council seat warm, a participant in every significant debate and hands-on in every decision reached there. And, though he doesn’t formally begin his new job as state Senate Democratic leader until January, Harris has already begun to exercise his authority on the statewide scene.    

        On Tuesday, as Presdent Obama was on his way to Nashville for a speech on the immigration issue, Harris issued a statement of greeting: “As people of a state known for its Southern hospitality, we could not be more proud to welcome those immigrants who choose to make Tennessee their home, and to welcome President Obama here today. We thank those immigrants for their many contributions to our state, just as we thank the president for sharing his views and addressing this very important issue.”

Harris’ statement of welcome was well-considered, generous,
and — most importantly — forthright on a sensitive
issue regarding
which too few public officials, either Democratic or Republican, had much useful to say during the recent election season.

As anyone who has observed City Council proceedings over the past four years knows, Harris is seldom at a loss for words. He is even prone — to tell it like it is — to jump the gun on an issue once in a while. In this case, and, we trust, in many more to come, these tendencies (which, like all other human attributes, have both a high side and a low side) will serve Harris and his constituents well, for political rhetoric in Tennessee, once a haven for redoubtable orators, has taken a distinct turn for the worse — toward the mealy-mouthed or the spiteful, depending on which side of an issue was being taken.

Witness: U.S. Representative Diane Black (R-6th) accused the president of having “chosen Nashville as a destination to publicly thumb his nose at the American electorate that just rebuked him in the last election” and said, further,”The Obama presidency has been a disaster and can’t end soon enough.” State Represntative Andy Holt (R-Dresden) said: “Enjoy your stay, and we soon hope to see you in court soon.” By comparison, the often vitriolic U.S. Representative Marsha Blackburn (R-7th) was almost courtly: “I share in the frustration Americans have with this president and will continue to do everything in my power to stop his executive amnesty. Enough is enough.”

All this as a response to a presidential executive order that cracks down on the hiring of undocumented workers and strengthens border security, while it provides a path to “earned citizenship” with numerous legal hoops for serious and productive immigrants to jump through.

As for the chorus of Democratic defenders of Mr. Obama… Congressmen Jim Cooper of Nashville and Steve Cohen of our own bailiwick accompanied Obama on his trip to Tennessee. Otherwise, vocal Democratic support of the president is about as non-evident as it was during the recent fall campaign. But at least Harris didn’t keep us waiting for his appropriate and on-point remarks. Keep it up, Mr. Harris. We could use a few more politicians willing to shoot straight.