Friday, May 8, 2009

Brian Kelsey Foiled Again

Posted by Jeff Woods on Fri, May 8, 2009 at 2:41 PM

click to enlarge briankelsey_282_29.jpg
House jester Brian Kelsey asked a stupid question of the state Attorney General: "Could we hold yes/no retention elections for the legislature and the governor?" He hoped for an answer that he could use to argue against these elections for judges. Instead, the AG opined, retention elections aren't OK for the governor, but could fly for legislators. As for judges, the opinion notes a 1975 Supreme Court ruling upholding the yes/no system. The court said the constitution doesn't define the word "elect" and noted this provision in Article VII, Section 4: "The election of all officers, and the filling of all vacancies not otherwise directed or provided by this constitution, shall be made in such manner as the Legislature shall direct." That "reposes wide discretion in the Legislature with respect to elections and the filling of vacancies" for judges, the court ruled. The same reasoning holds for legislators. But for the governor, the constitution specifically says in Article III, Section 2, "The person having the highest number of votes shall be governor."

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So, the AG thinks it would satisfy the Constitution if the members of the legislature were appointed by the governor and simply faced a retention election every two years (or four for Senators).
Yeah... that makes sense.
About as much sense as arguing that retention elections for judges satisfy the TN Constitution.

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Posted by RedHatRob on 05/08/2009 at 4:26 PM

These AG opinions have baffeled me for yrs. Not just this AG but most of them. First of all: we are the only state in the union that picks our AG's in this manner, which seems so odd to me. Secondly, their opinions appear to change with the political mood or with the position of the party asking for the opinion. It is my humble opinion that if any change should take place to the TN Constitution the first should be to elect the AG with some real power for this state. Why both Dems & Repbls. officials oppose the citizens voting on anything in this state only shows what they really think of our judgement vs theirs.

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Posted by govskeptic on 05/09/2009 at 8:13 AM

WOODS: You are wrong again: Read it for yourself
Article 1 Section 5. The elections shall be free and equal, and the right of suffrage, as hereinafter declared, shall never be denied to any person entitled thereto, except upon a conviction by a jury of some infamous crime, previously ascertained and declared by law, and judgment thereon by court of competent jurisdiction.
Article 11 Section 16. The declaration of rights hereto prefixed (see above declaration of rights paragraph) is declared to be a part of the Constitution of the state, and shall never be violated on any pretense whatever. And to guard against transgression of the high powers we have delegated, we declare that everything in the bill of rights contained, is excepted out of the general powers of the government, and shall forever remain inviolate.
ARTICLE IV. Elections.Section 1. Every person, being eighteen years of age, being a citizen of the United States, being a resident of the state for a period of time as prescribed by the General Assembly, and being duly registered in the county of residence for a period of time prior to the day of any election as prescribed by the General Assembly, shall be entitled to vote in all federal, state, and local elections held in the county or district in which such person resides. All such requirements shall be equal and uniform across the state, and there shall be no other qualification attached to the right of suffrage.
The General Assembly shall have power to enact laws requiring voters to vote in the election precincts in which they may reside, and laws to secure the freedom of elections and the purity of the ballot box.

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Posted by Tony Gottlieb on 05/09/2009 at 10:38 AM
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