Georgia Legislative Watch

"…and the clerk will unlock the machines"

Ballot access bill proposed

Filed under: Elections — Jason Pye February 8, 2010 @ 12:27 pm

For those of you who don’t know, Georgia has some of the most restrictive ballot access laws in the United States. According to Ballot Access News, the laws were passed in 1943 to keep the Communist Party off the ballot.

According to Georgia Code (§ 21-2-170), in order to get on the ballot a candidate must turn in petitions equaling 5 percent of the registered voters from the district he plans to run in. If a candidate plans to run statewide, he must get signatures from 1 percent of registered voters in the state. It’s something most people aren’t even aware of and when asked to sign many react by saying, “This is America, you shouldn’t have to do this.”

The 1 percent rule also applies to parties attempting to get their candidates name on the ballot, and if they do get a line on the ballot, they are still not a “party” as defined by Georgia law, they are a “political body” and they receive 1 percent of the registered vote in any statewide race to maintain that status. In order to receive an automatic ballot line for all candidate and party status, a candidate for governor or president must receive 20 percent of the popular vote in a general election.

The Libertarian Party is the only third party that has been able to obtain political body status in Georgia. The Constitution Party and Green Party have little to no presence in the state.

If you’re running statewide, you’ll need roughly 53,000 signatures (going by figures from 11/08). If you’re running for Congress, and I’ll use the Third Congressional District for this example, you’ll need roughly 24,000 signatures. Keep in mind that each of these signatures must be validated by the Georgia Secretary of State’s office, so you need a buffer of several thousand signatures, just in case they toss out signatures.

It’s quite a tedious task, which is why you don’t see anyone running for Congress as a third party candidate in Georgia. In fact, no third party or independent candidate has run for Congress in Georgia since 1964 (excluding special elections). It’s also why only well-funded (Ross Perot) or well-known (Pat Buchanan) independent candidates have been able to qualify for president in our state.

State Sen. David Shafer (R-Duluth) has proposed legislation, SB 359, would give political bodies, such as the Libertarian Party, a ballot line for statewide and down ticket races (local and legislative) provided they can maintain the 1 percent of registered voters requirement for statewide races.

The legislation would also allow for political bodies to endorse a major party candidate running for public office. This is known as electoral fusion. Several states use a form of it, the most well known being New York. For example, the Conservative Party in the state has endorsed Republican Party candidates often. Shafer’s bill would allow basically the same thing.

Will it pass? It’s unlikely, but if it did, I’m sure third parties would see it as a step in the right direction.

Lawmakers: Day 13

Filed under: Lawmakers — Jason Pye February 8, 2010 @ 10:14 am

On Day 13 (Friday), Lawmakers covers Gov. Perdue’s proposal to change up state government and GDOT’s change of heart on accounting practices.

Also, I get mentioned, though my name is pronounced “Jason Nye,” for comments I made on a national issue over at Peach Pundit.

In Committee Today: Monday, February 8, 2010

Filed under: Committees — Jeff February 8, 2010 @ 7:13 am

Senate Ethics Committee (pdf)

  • HB 540, Rep Austin Scott’s bill making several changes to electoral law. (Hearing Only)

Senate Special Judiciary Committee (pdf)

  • SB 138, Senator John Wiles’ Transparency in Lawsuits Protection Act

Senate Reapportionment and Redistricting Committee (pdf)

  • Organizational Meeting
  • SR 761, Senator Judson Hill’s resolution urging the US Congress to require the US Census Bureau to provide a fair, accurate, and unbiased actual count of the population
  • Georgia Census 2010 Update & Deadlines
  • GA Complete Count Committee Update

Senate Public Safety Committee (pdf)

  • SB 345, Senator Jim Butterworth’s bill to allow street races which are sanctioned by the local governing authority
  • SB 318, Senator Jack Murphy’s mandating that a qualified affidavit accompany any complaint against most law enforcement officers
  • SB 360, Senator Jack Murphy’s bill banning texting while driving under the age of 18
  • SR 570, Senator Nan Orrock’s resolution expressing support for comprehensive immigration reform

Senate Natural Resources and the Environment Committee (pdf)

  • SB 303, Senator John Douglas’ bill to allow certain pythons and anacondas to be kept as pets under certain conditions
  • SR 859, Senator Judson Hill’s resolution urging the US Department of the Interior’s Minerals Management Service to approve the broadest possible five year plan for offshore development.
  • SR 958, Senator Chip Pearson’s resolution requesting that the US Congress pass legislation that would postpone the Environmental Protection Agency’s effort to regulate greenhouse gases through the Clean Air Act

Senate Judiciary Committee (pdf)

  • SB 334, Senator Judson Hill’s classifying medical identity fraud as a crime
  • SB 313, Senator Ed Harbison’s bill mandating that all testimony before a grand jury be sworn

House Judiciary Civil Jacobs Subcommittee (link)

  • HB 972, Rep Billy Mitchell’s bill allowing an opportunity to pay a debt in full during the notice of foreclosure period
  • SB 57, Senator Bill Hamrick’s bill making changes to the Georgia Fair Lending Act

Note: These will be hearings only on these two bills.

House Industrial Relations Employment Security and Unemployment Insurance Subcommittee (link)

  • HB 887, Rep Kevin Levitas’ allowing civil immunity for employers disclosing job performance information under certain conditions

House Economic Development and Tourism Committee (link)

  • HB 867, Rep Ron Stephens’ bill creating a Commission on Regional Planning

House Judiciary Non-Civil Ramsey Subcommittee (link)

  • HB 567, Rep Don Parson’s Crime Victims’ Bill of Rights
  • HB 901, Rep Kevin Levitas’ bill mandating that all fourth offender felons must serve the maximum sentence
  • HB 1002, Rep Wendell Willard’s increasing the punishment for crimes against judges and court personnel

The Senate Rules Committee (link) will meet but has no agenda available online at the time of this writing.

C/P SWGA Politics

Dems release transportation proposal

Filed under: Transportation — Jason Pye February 5, 2010 @ 5:20 pm

House Democrats unveiled their transportation proposal yesterday and took some shots at Gov. Sonny Perdue:

“We watched along with other Georgians over the last seven years as the administration, the governor’s office, has failed to provide the necessary leadership to improve our transportation system in this state,” said Sen. Robert Brown (D-Macon). Rep. DuBose Porter (D-Dublin), a candidate for governor, and other leaders stood beside Brown at the press conference and later echoed the same themes.

“That’s partisan rhetoric,” replied Bert Brantley, a spokesman for Gov. Sonny Perdue. “I think the governor’s record on this is pretty clear.” He cited Perdue’s early attempts to build more transportation projects faster through borrowing, and new proposals Perdue announced this year for $300 million in freight projects in addition to regional funding referendums to be held in 2012.

The Democrats said Thursday that 2012 was too long to wait, and they proposed referendums that could get money flowing earlier.

Here is part of the press release:

The legislation dedicates the fourth penny collected on motor fuel tax to any general transportation purpose. As of FY 2009 the motor fuel tax generated over $137 million.

“House Democrats have been working on this for over three years,” said Minority Leader DuBose Porter. “Georgia’s Republican leadership refused to act, costing Georgia jobs and federal money. We are losing jobs and money to surrounding states because of their failure to act on transportation. ”

The Democrats’ proposed legislation allows for the formation of special transportation districts, giving local jurisdictions the power to decide whether or not to levy a local tax. It also constitutionally dedicates the fourth penny of sales tax generated from motor fuel to “any transportation purpose” to leverage federal dollars and help with economic development through state aid and LARP for local communities.

“There is $87 million in federal stimulus money for high speed rail systems up for grabs and all Georgia needs to do is raise $15 million to access the federal money,” said Rep. Calvin Smyre. “The fourth penny will ensure leverage for Georgia to enable us to receive some of that money instead of watching as it goes to North Carolina or Florida.”

Perdue wants to change state government

Filed under: Constitutional Amendments — Jason Pye February 5, 2010 @ 12:30 pm

News broke today that Gov. Sonny Perdue (R) would like for some state constitutional officers to be appointed:

Gov. Sonny Perdue is proposing that four state constitutional officers now elected by the public should instead be appointed by the governor.

The four are state school superintendent, agriculture commissioner, labor commissioner and insurance commissioner.

The change would require two-thirds approval in each house of the Legislature, and would have to be ratified by the state’s voters.

The governor elected in 2014 would be the first to appoint people to the four positions. Appointments would require confirmation by the Senate.

The constitutional amendment is in the works already for this. This is one those proposals that you’d have to read the details before going along with it. You also have wonder why he is waiting to do this in his last year in office. Seems odd.

Lawmakers: Day 12

Filed under: Lawmakers — Jason Pye February 5, 2010 @ 10:01 am

On Day 12, Lawmakers covers Gov. Sonny Perdue’s hospital tax proposal to cover Medicaid shortfalls, a transportation proposal by Democrats and an interview with Senate Majority Leader Chip Rogers.

On the Floor Today: Friday, February 5, 2010

Filed under: Calendar — Jeff February 5, 2010 @ 6:42 am

Senate (http://www.legis.ga.gov/legis/2009_10/calendars/sr/02052010.htm)

  • SB 283, Senator Bill Heath’s bill regarding tax commissioners’ membership in the Employees’ Retirement System of Georgia
  • SB 287, Senator Judson Hill’s bill mandating a new number be issued on a replacement driver’s license when the old one is reported stolen or forged
  • SB 328, Senator Chip Pearson’s bill requiring electric suppliers to provide cable companies nondiscriminatory access to electrical facilities
  • Consent Calendar for Privileged Resolutions

House (link)

  • HB 910, Rep Howard Maxwell’s bill cleaning up language regarding the Department of Education’s requirement to issue an annual report regarding expenditures and participation rates of each gender.

C/P SWGA Politics

In Committee Today: Friday, February 5, 2010

Filed under: Committees — Jeff February 5, 2010 @ 6:29 am

House Ways and Means Tax Reform Subcommittee (link)

  • Rep Chuck Sims’ proposed Constitutional Amendments and enabling legislation regarding eliminating the state sales tax exemption on lottery tickets (HB 928, HB 929, HR 1109, HR 1110)

House Information and Audits Committee (link)

  • HB 831, Rep Chuck Sims’ bill to withhold funds from state and local agencies and governments that do not perform yearly audits

House Judiciary Non-Civil Setzler Subcommittee (link)

  • HB 1003, Rep Jill Chambers’ bill decriminalizing bingo gambling

The House (link) and Senate (link) Rules Committees will meet, but no agendas are available online at the time of this writing.