There are a lot of bad things going on right now in Tennessee’s General Assembly. A lot. But the Republican effort to gut the Voter Confidence Act – a bill that was passed last year 92-3 in the State House and unanimously in the State Senate – is perhaps the most disgustingly anti-American, anti-democratic, and politically cynical maneuver ever. Ever. Ev. Er.

The Voter Confidence Act, which requires that our un-secure and unverifiable touch-screen voting machines be replaced before the November 2010 election with paper ballots (read by Optical Scan machines), is important because it guarantees three important processes to protect the vote in Tennessee:

1) Tennesseans will vote on paper ballots
2) The paper ballot becomes the ballot of record in case of a recount. (The electronic voting systems we have now only have one mechanism in place for a recount – press the same button again and get a repeat of the exact same totals you got before).
3) Mandatory random post-election audits in 3% of precincts (to insure that the Optical Scan machines are functioning properly).

Why is this the worst thing happening on the Hill right now? Because if your vote doesn’t count, then nothing else matters. Your desire for women to be able to make their own reproductive health decisions doesn’t matter. Your fight for 2nd Amendment rights doesn’t matter. Your struggle for marriage equality doesn’t matter. Your vote is your voice and it speaks loudly to elected officials. When your vote can be easily discarded, manipulated, or lost, then you lose the most important voice you have.

On Tuesday, March 24, both the House Elections sub-committee and the Senate State and Local Government committee will consider the bills introduced by Republicans that will repeal and/or gut the Voter Confidence Act:

HB0295 by Rep. Glen Casada (R-Franklin) and SB0305 by Senator Jack Johnson (R-Franklin): As introduced, deletes provisions of the “Tennessee Voter Confidence Act” requiring purchase of precinct-based optical scanner voting systems and mandatory hand count audits. – Amends TCA Title 2 and Chapter 1108 of the Public Acts of 2008.

HB0614 by Rep. Curry Todd (R-Collierville) / SB0872 [pdf] by Senator Bill Ketron (R-Murfreesboro): As introduced, deletes all provisions requiring the purchase of precinct-based optical scanner voting systems only, including language referring to Help America Vote Act funds; deletes mandatory hand count audits of paper ballots created by such machines; deletes language. – Amends TCA Title 2 and Chapter 1108 of the Public Acts of 2008.

Rep. Casada, Rep. Todd, Sen. Jackson, and Sen. Ketron – who all voted YES for the Voter Confidence Act in 2008 – will argue that the move to a more secure and verifiable voting systems will be “too costly.” Not only is this not true, but these concerns were addressed and put to rest before last year’s vote (you know, the one that was almost unanimous in the House and unanimous in the Senate):

  • The costs of purchasing all the equipment to make the change will be covered completely by the federal Help American Vote Act (HAVA) funds we have remaining from our original grant. As a result, the costs to Tennessee counties for purchasing this new equipment will be $0.
  • The new equipment, Optical Scan machines that will count the paper ballots, are much more efficient than touch-screen voting machines. One Optical Scan can do the work of up to 20 touch-screen voting machines.
  • Optical Scans are so much more efficient that they will save voters, who often have had to stand in long lines to vote on touch-screen machines, and the employers, who are required by law to allow up to three hours off to vote, time and money. Voting on paper ballots can happen concurrently so it takes less time for each person to vote. Comparison of 21 voters voting showed that it only took 13 minutes for all 21 to vote on an Optical Scan machines and two hours and 48 minutes to vote using a touch-screen voting machine.
  • The ongoing operational costs will be lower. A recent study [pdf] demonstrated that Florida counties that switched to touch-screen machines had average operating costs each year that were three to five times higher than Florida counties that kept or switched to Optical Scan machines.
  • The Tennessee Advisory Commission on Intergovernmental Relations (TACIR), composed of state and local elected officials, spent over a year studying the vulnerabilities of different voting systems. In their comprehensive report, Trust But Verify: Toward Increasing Voter Confidence in Election Results, TACIR concluded [pdf]:
  • “(Paper ballots) reassure voters that their vote is being counted accurately and can be audited or recounted. Many experts and advocates believe that (touch-screen voting) machines are especially vulnerable to tampering and fraud because most do not physically document votes so they can be independently recounted or audited …. Governmental entities and private corporations are routinely audited regardless of whether problems are suspected. With so much at stake, the same should be true for elections.”

  • We are being told that the costs of paper ballots capable of being read by Optical Scan machines are prohibitively expensive, running as high as 50 cents per ballot. But Tennessee counties that have used Optical Scan machines in the past have obtained paper ballots at less than half that cost. In fact, if need be, Optical Scan machines can read ballots that have been produced on routine office copying machines.
  • The US Congress is now considering legislation that will require that all states implement the same election safeguards that the Tennessee Voter Confidence Act now provides us here in Tennessee. The Voter Confidence and Increased Accessibility Act of 2009 [pdf], sponsored by Congressman Rush Holt and co-sponsored by over 200 other members of Congress, requires that all voting systems that do not use or produce a paper ballot must be replaced before the November 2010 election. The bill also requires routine random manual audits of the votes cast in at least 3% of precincts in all federal elections. Those requirements mirror exactly the standards of the Tennessee Voter Confidence Act.

The passage last year of Tennessee’s Voter Confidence Act proved that our legislators understood that free and fair elections trump partisanship. This year, it looks like some may need a little nudge in that direction. Please contact the members of the House Elections sub-committee and the Senate State and Local Government committee before Tuesday and tell them that you oppose any effort to repeal or weaken the Voter Confidence Act. In other words, urge them to keep the Voter Confidence Act intact!

House Elections Sub-Committee

Rep. Eddie Yokley (D-Greenville), Chairman
rep.eddie.yokley@capitol.tn.gov, 615-741-6871
Rep Eric Watson (R-Cleveland), Vice Chairman
rep.eric.watson@capitol.tn.gov, 615-741-7799
Rep. Jim Coley (R-Bartlett)
rep.jim.coley@capitol.tn.gov, 615-741-8201
Rep. Joshua Evans (R-Greenbriar)
rep.joshua.evans@capitol.tn.gov, 615-741-2860
Rep.Gary Moore, (D-Nashville)
rep.gary.moore@capitol.tn.gov, 615-741-4317
Rep. Harry Tindell, (D-Knoxville)
rep.harry.tindell@capitol.tn.gov, 615-741-2031

Senate State and Local Government Committee

Senator Bill Ketron (R-Murfreesboro), Chairman
sen.bill.ketron@capitol.tn.gov, 615-741-6853
Senator Lowe Finney, (D-Jackson), Vice-Chair
sen.lowe.finney@capitol.tn.gov, 615-741-1810
Senator Joe Haynes, (D-Nashville), Secretary
sen.joe.haynes@capitol.tn.gov, 615-741-6679
Senator Tim Burchett, (R-Knoxville)
sen.tim.burchett@capitol.tn.gov, 615-741-1766
Senator Mike Faulk, (R-Kingsport)
sen.mike.faulk@capitol.tn.gov, 615-741-2061
Senator Thelma Harper, (D-Nashville)
sen.thelma.harper@capitol.tn.gov, 615-741-2453
Senator Mark Norris, (R-Collierville)
sen.mark.norris@capitol.tn.gov, 615-741-1967
Senator Jim Tracy, (R-Shelbyville)
sen.jim.tracy@capitol.tn.gov, 615-741-1066
Senator Ken Yager, (R-Harriman)
sen.ken.yager@capitol.tn.gov, 615-741-1449

Thank you for doing your part to ensure free and fair elections. If during your phone calls or email exchanges you are given any other excuse reason why the Voter Confidence Act should be gutted, please let me know.

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See, the crazy thing about Tennessee politics is that bad legislation that gets buried one year, can live again the next.

Jeff Woods over at the Scene has been keeping a Pithy watchful eye on the 2009 version of the “Kill Old People Cheap” Act that was dismissed last year but has been gaining traction in this year’s General Assembly. Last year with Democrats in control of the House, the bill that’s known in Orwellian circles this year as the “Choose Care Tennessee Act” (SB2160 and HB2243 [pdf], died. This year, with committee assignments split evenly between Dems and Republicans, it has – unlike the residents of nursing homes who are called to meet their maker under suspect circumstances and their families – a fighting chance.

Act I, 3/11/09:

The nursing home industry is back at the legislature this session demanding a law to cap its liability for neglecting and abusing residents. If last year’s version of the bill was dubbed the “Kill Old People Cheap Act,” this year’s is even more audacious.

Residents and their families could win no more than $300,000 for non-economic damages—intangible harm such as pain, emotional distress, disfigurement or loss of a loved one. The bill would place health services provided by nursing homes under the same rules as medical malpractice cases, making it harder and costlier for residents to prove negligence.

What’s new is this devious provision: Should a jury actually award punitive damages against one of our state’s wretched nursing homes, half the cash would be snatched out of the patient’s hands and placed into a state fund. Where would that money go? Back to the nursing home industry, of course.

As unfortunate as this bill is, what’s even more unfortunate are the Tennessee Democrats who have signed on with the majority Republicans as some of the original co-sponsors: Sen. Jim Tracy (R-Shelbyville), Rep. John Lundberg (R-Bristol), Rep. Steve McDaniel (R-Parkers Crossroads), Rep. Vance Dennis (R-Savannah), Rep. Bill Harmon (D-Dunlap), Rep. Lois DeBerry (D-Memphis), Rep. Jason Mumpower (R-Bristol), Rep. Judd Matheny (R-Tullahoma), Rep. Glen Casada (R-Franklin), and Rep. Joe Carr (R-Lascassas).

Seven new sponsors have recently signed on including Senator Randy McNally (R-Oak Ridge), Senator Tim Burchett (R-Knoxville), Senator Bill Ketron (R-Murfreesboro), Senator Jack Johnson (R-Brentwood), Senator Reginald Tate (D-Memphis), Senator Paul Stanley (R-Memphis), and Senator Thelma Harper (D-Nashville).

Harper, Woods writes in Act II, has joined her colleagues in receiving campaign cash from the nursing home industry:

The nursing home industry has doled out $134,000 this decade to legislators, including $23,000 to its bill’s prime Senate sponsor, Jim Tracy, $16,000 to Sen. Jack Johnson, $19,500 to Sen. Bill Ketron, $5,000 to Sen. Paul Stanley, and $13,500 to Sen. Randy McNally. Among House sponsors, GOP leader Jason Mumpower has been given $16,500, Speaker Pro Tem Lois DeBerry $12,500, Deputy Speaker Steve McDaniel $8,000, and GOP caucus chair Glen Casada $3,600.

Harper has gotten only $1,000, which means one of three things: (1) She sells out cheap. (2) She’s expecting to cash in later. (3) She honestly thinks it’s a good idea to strip grandma of the right to hold her nursing home accountable for treating her like a piece of garbage.

Other organizations have come our against the bill, including the NAACP, the AARP, and Tennessee Citizen Action*. NAACP state president Gloria Sweet-Love told Woods:

This is one of the most deceitful and unjust pieces of legislation we have ever seen. The light must be shined on the nursing home industry in Tennessee and the NAACP intends to be the torch bearer. The industry is trying to cloak their intentions by calling the bill the Choose Care Tennessee Act, there is nothing in this bill that will increase care in nursing homes. This legislation unfairly limits victim’s rights and punishes the elderly at their weakest. It comes at a time when the quality of care in Tennessee nursing homes is at a record low and profits of nursing homes operators continue to soar.

And TCA executive director Tom Peters adds:

The quality of care in many Tennessee nursing homes is shameful; there is no other way to characterize it. This bill would ensure that care only gets worse as it completely protects homes when they cause direct harm to the elderly. Several of the legislators who have signed their name to this bill are strong right-to-life advocates, but nothing in this bill will protect the sanctity of life for our nursing home residents. Tennessee Citizen Action stands strongly opposed to this deceptive and purposefully misleading legislation.

SB2160 has been referred to Senate Judiciary Calendar but no date has been assigned yet.

HB2243 has been placed on the Civil Practice and Procedure Sub-Committee Calendar for next Tuesday, March 24. Members of the committee include Chairman Rep. Brian Kelsey, Vice Chair Rep. Henry Fincher, Rep. Kent Coleman, Rep. Vance Dennis, Rep. Jon Lundberg, and Rep. Mike Stewart. Contact info is on the Sub Committee website.

Mike Stewart (D, The Fightin’ 52nd!) replaced Rep. Rob Briley and is probably looking for a good cause to sink his teeth into. If you live in his District, give him a call at (615) 741-2184 or send him an email and let him know this is a good one for him to get ahead of.

*I’m on the Board of TCA.

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Yesterday on the floor of the Senate, Senator Dewayne Bunch called Tennesseans concerned about the nutritional value of beverages offered in Middle Schools, “nutritional Nazi police.” It was disturbing enough that a) he didn’t seem fazed by the reference while he was using it, and b) he was addressing his colleague, Senator Andy Berke, at the time.

But there are two more reasons why the good Senator from Cleveland should consider his words a more carefully in the future – Wacker Chemie AG and Volkswagen, two German-based companies bringing jobs to the state.

Last month, Governor Bredesen announced that Munich-based Wacker Chemie AG is investing in a new $1 billion plant what will bring at least 500 new jobs to Bunch’s district.

And Volkswagen selected Chattanooga – one district over from Senator Bunch’s – as the site for its new $1 billion assembly plant and the promise of 2,000 jobs.

But it’s not just Senator Bunch. It’s time for everyone to put a complete moratorium on the flippant use of all Nazi references. Please, just stop.

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We’re excited for Monday’s show for so many reasons. One, we were off last week and we missed you guys! Two, our guest lineup is exceptional and timely…

First, we’ll be interviewing each of the four candidates for the Metro Council District 18 special election – Stephenie Dodson, Kristine LaLonde, John Ray Clemmons, and David Glasgow.

Also joining us will be Lee Poston, the director of conservation and science communications for the World Wildlife Fund, to talk about Earth Hour, which is set for Saturday, March 28 and for which Nashville plays an important role.

And as always, Media Matters research fellow Elbert Ventura will join us to talk about the very creepy Glenn Beck.

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As we listen to voices on the right demonize President Obama for what they say is his “attack on Capitalism,” we read in today’s NY Times that AIG is suing us, i.e. the United States Government:

While the American International Group comes under fire from Congress over executive bonuses, it is quietly fighting the federal government for the return of $306 million in tax payments, some related to deals that were conducted through offshore tax havens.

Relying on a unappetizing mix of tax loopholes, offshore tax shelters, and foreign tax credits (with a creamy employee compensation center!) to make the case that we owe them $306 mil, AIG is fast becoming the poster child for what is most definitely wrong with today’s brand of Capitalism – it is decidedly unchecked.

It’s also another example of why the “you’re either with us or you’re against us” crowd gets it wrong when they label anyone who sees the need for regulated Capitalism as “Socialists.”

In a perfect world, one without avarice, deceit, and other human frailties, unfettered Capitalism and absolute free market principles might work. In the real world – you know, the one where our government is trying desperately to manage bailout programs funded by tax dollars at the same time a bailed out company is suing the government for the return of hundreds of millions in tax payments – a nice, steady, and fair regulatory hand is desperately needed.

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‘Cause nothing says “let’s try and be reasonable about legislating nutrition in public schools” like a Third Reich reference, Senator Dewayne Bunch (R, the Fighting’ 9th!) let his Seinfeld-loving freak flag fly in response to a question from Senator Andy Berke (D, the Fightin’ 10th!) about SB0421, his bill which would allow the sale of 12 ounce beverages in middle schools.

Senator Berke: I know we had some discussion about this in Senate Education Committee. We talked about the fact that the nutrition guidelines for a state and federal purposes were not being supplanted by this, do we know whether those are total by particular product or whether those are by ounce …because that could make a difference in how thi particular bill has effect.

Senator Bunch: Thank you, Mr. Speaker. In a currently…if you’re trying to be the nutritional Nazi police on school campuses, then we need to have someone there to keep them from buying more than one product if it’s 8 ounces. If there’s an issue of nutrition with buying two – they can simply buy two and circumvent that. So, it’s my understanding this does nothing to change the nutritional – the guidelines at all – they still must meet state and federal guidelines. So there is nothing changed nutritionally at all, it just permits a larger product and basically that’s the way they come. Most vendors produce those in 12 ounce packages and not 8 ounce so this simply allows a greater selection of vendors to be able to get on campus.

Watching the video, you can see clearly that Senator Bunch is nonplussed by his gaffe. Senator Burchett (R, the Fightin’ 7th!), in the background to the left, reacts immediately with wailing and gnashing of the teeth (or as close to that as a state senator who realizes his colleague just said something really offensive can get).

Later, a clearly verklempt Senator offers his apology:

You know who might, just might, be offended by your “comedy” reference, Senator Bunch?

Senator Berke.

Just sayin’….

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The Nashville chapter of Drinking Liberally, led by the indefatigable Amie Hollis, has been meeting every Thursday at The Flying Saucer for years and years. (There’s also a chapter in Memphis – every Wednesday of each month at 7:00 pm at RP Billiards – and Chattanooga).

Starting tonight — and until either Tennessee turns blue or the beer at the Flying Saucer runs out — Liberadio(!) will host Drinking Liberally on the third Thursday of every month – and we’re calling it Thirsty Third Thursdays!

For those not familiar with the national organization, Drinking Liberally is an informal, inclusive progressive social group that gives like-minded, left-leaning peeps a place to talk politics, vent frustrations (Oh, sure, there’s a competent Democrat in the White House, but did you noticed what happened in the the State of Tennessee last November? Dude, we’re fighting the last gasps of the culture wars over here…), and hang out.

In the words of the lovely Amie:

Drinking Liberally and Liberadio! are so right together, just like chocolate and (safely made, tightly regulated) peanut butter, so we figured we’d host a monthly get-together. I know DL-ers are fans of Liberadio!, and I’m guessing that quite a few Liberadio! listeners might cotton on to Drinking Liberally!

Yes, indeedy! Hope to see you tonight – and every third Thursday of the month – at 6:30 PM at the Flying Saucer, (111 10th Ave S – entrance to the beer garden)!

Coming soon: DL swag for lucky Liberadio(!) listeners…

*Liberadio(!) and Drinking Liberally remind you to always drink responsibly and make liberal use of designated drivers. Drinking and driving is reckless and irresponsible, like listening to Phil Valentine and trickle-down economics. Liberals, don’t do it.

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Hendrik Hertzberg writes in the New Yorker about an idea that has in the past garnered support from both liberal and conservative economists, businessmen, GOP leaders, and one well-known Nobel Prize-winning environmentalist from Tennessee: the pay-roll tax holiday.

Right. The payroll tax—a.k.a. the Social Security tax, the Social Security and Medicare tax, or the Federal Insurance Contributions Act (FICA) tax— skims around fifteen per cent from the payroll of every business and the paycheck of every worker, from minimum-wage burger-flippers on up, with no deductions. No exemptions, either—except that everything above a hundred grand or so a year is untouched, which means that as salaries climb into the stratosphere the tax, as a percentage, shrinks to a speck far below. This is one reason that Warren Buffett’s secretary (as her boss has unproudly noted) pays Uncle Sam a higher share of her income than he does. In fact, three-quarters of American households pay more in payroll tax than in income tax.

Where income taxes are concerned, even Republicans seldom argue that taxing added income over a quarter million dollars at, say, thirty-six per cent rather than thirty-three per cent is wrong because the affluent need more stuff. They argue that making the rich richer enables them to create jobs for the non-rich. More jobs: that’s a big argument for capital-gains and inheritance-tax cuts, too. But the payroll tax is a direct tax on work and workers–on jobs per se. If the power to tax is the power to destroy, then the payroll tax is, well, insane.

But, he argues, a pay-roll tax holiday is “only half a good idea:”

A whole good idea would be to make a payroll-tax holiday the first step in an orderly transition to scrapping the payroll tax altogether and replacing the lost revenue with a package of levies on things that, unlike jobs, we want less rather than more of—things like pollution, carbon emissions, oil imports, inefficient use of energy and natural resources, and excessive consumption. The net tax burden on the economy would be unchanged, but the shift in relative price signals would nudge investment from resource-intensive enterprises toward labor-intensive ones. This wouldn’t be just a tax adjustment. It would be an environmental program, an anti-global-warming program, a youth-employment (and anti-crime) program, and an energy program.

Could this idea ever gain traction? It seems that Republicans only like it when it’s their idea:

Other Republican politicians and conservative publicists have made similar noises. They haven’t made it a rallying point, though; it would, after all, shape the over-all tax system in a progressive direction. Anyhow, their sincerity may be doubted: when President Obama proposed a much more modest cut along similar lines—a refundable payroll-tax credit of four hundred dollars—they denounced it as a welfare giveaway.

And the other side is tentative:

Liberals have been reticent, too. The payroll tax now provides a third of federal revenues. And, because it nominally funds Social Security and Medicare, some liberals regard its continuance as essential to the survival of those programs.

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OctoRush by Barry Blitt

OctoRush by Barry Blitt

Retired Republican Senator Chuck Hagel, during an appearance on MSNBC’s “The Rachel Maddow Show,” weighed in on recent antics certain high-profile Republicans.

He also criticized former Vice President Dick Cheney for claiming that the Obama administration has placed the nation in danger and noted that Cheney was partly responsible for the “mess” the Bush administration left behind.

On the show, Hagel took a shot at new Republican Party chairman Michael Steele. Asked about Steele’s threat to support primary challengers against Republican Senators Arlen Specter, Susan Collins, and Olympia Snowe, who each defied GOP leaders and voted for Obama’s stimulus package, Hagel called it “a very foolish, foolish move,” commenting, “there’s no room for that kind of silliness.” He added, “People expect serious people to deal with serious issues and to govern seriously. And when you don’t do that, you become irrelevant.”

Prior to the taping, he also let David Corn of Mother Jones know that there is no love lost between he and El Rushbo:

Rush Limbaugh is “the center of gravity” of the Republican Party, and “we need a new center of gravity,” Hagel told me on Tuesday night….Maddow did not ask Hagel about Limbaugh. But prior to the taping, Hagel was not shy about bemoaning Limbaugh’s drag on his party. He told me that Limbaugh was the opposite of what the Republican Party needs now. “We blew eight years of governing,” Hagel said, excoriating GOPers for having “run up” the national debt. “You can only blame Ted Kennedy for so much,” he remarked.

Hat tip: A Kleinheider Joint

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Hot off the presses:

U.S. Rep. John Tanner [D-TN, the Fightin' 8th!] helped introduce legislation to recover bonuses handed out by businesses such as AIG that received federal rescue money under the Troubled Assets Relief Program (TARP), first authorized last year. Tanner is also demanding that the Treasury Department step up its scrutiny of how taxpayer money is spent at federally rescued companies.

“We, like taxpayers in Tennessee and across the country, are outraged that taxpayer money was used to reward under-performing executives,” Congressman Tanner said. “We must work to recoup the $165 million in taxpayer money used for these bonuses.

“More than 70,000 workers in the 8th Congressional district – almost 10% of the workforce – are out of work. Families in West and Middle Tennessee are struggling to find jobs and pay their bills. Our priority should be continuing to help these working families and not executives at AIG and other companies receiving taxpayer money.”

Tanner is an original co-sponsor of legislation (H.R. 1586, filed March 18) imposing a 90% tax on bonuses from companies receiving more than $5 billion in taxpayer TARP funds. Congressman Tanner serves on the House Ways and Means Committee, which has jurisdiction over all tax policy.

Congressman Tanner has also demanded in writing that the Administration increase its scrutiny of companies receiving federal recovery assistance.

“Public confidence in our economic system can only be restored with real transparency and accountability,” Tanner and 93 Democratic colleagues wrote in their March 17 letter to Treasury Secretary Tim Geithner. “We are pleased to hear that President Obama intends to block the AIG bonuses and hope he will use any vehicle necessary to protect the American taxpayers’ interest. Our constituents deserve nothing less.”

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