Thursday, October 30, 2014

General Elections Tuesday : Ballot Information & Amendment Overview

The 2014 general election is on Tuesday, Nov. 4. Polls will be open 7 a.m. to 7 p.m. Voters will need a valid government-issued identification card to participate. 

The Franklin County general election ballot includes: governor, U.S. Senate, U.S. House of Representatives 4th Congressional District, Tennessee House of Representatives 39th District, and four amendments to the Tennessee state constitution. A description of the amendments follows. 
The general election ballot is at <www.franklincotn.us/departments/election_commission/>. 

In Sewanee voters will be selecting seven new members of the Community Council. Voting for Community Council will be in the Sewanee Elementary School library, adjacent to the SES cafeteria, where the electronic voting machines will be located.

The only contested election is in District 3. Annie Armour, Pixie Dozier and Paul Evans are the candidates for two seats. Armour is seeking re-election in this district.

In District 1, David Coe is running unopposed for re-election. In District 2, Bill Barton and Theresa Shackelford are running for the two vacancies; Shackelford is an incumbent in District 2. In District 4, Dennis Meeks and Andrew Sampson are both unopposed in their bid to return to the Council. 
The town of Monteagle will be voting on whether to allow the sale of wine at grocery stores. 
Residents of Tullahoma are voting on the same measure for that community.

After the polls close, CCJP is hosting its annual election night party and potluck, 7–9 p.m., Tuesday, Nov. 4, at the home of Susan Holmes and Greg Maynard, 230 Tennessee Ave. Please bring a dish or snack and drink to share as the group watches the election results on television. For more information contact Charles Whitmer at (931) 636-7527 or email <charles.whitmer@gmail.com>.

The four proposed amendments on the ballot this year are complicated and confusing, full of legalese that requires an understanding of U.S. tax code and the Tennessee constitution. Since most of us aren’t ready for such a quiz, here’s some information.

Passage of any of the amendments depends on the statewide vote for governor. An amendment must receive a majority of votes cast in the gubernatorial election, no matter how many people vote on the amendment itself. Fewer votes for governor means fewer votes needed to pass an amendment.

Amendment 1 
BALLOT TEXT: Shall Article I, of the Constitution of Tennessee be amended by adding the following language as a new, appropriately designated section: 

Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion. The people retain the right through their elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother. 
Yes or No

The Tennessee constitution currently provides some of the strongest privacy protections of any state, protections the state Supreme Court ruled more than a decade ago specifically extended to women seeking abortions. 

Abortion opponents have fought for 13 years to get Amendment 1 on the ballot. They say Tennesseans don’t want to live in a state that’s known as an abortion destination and that lawmakers should not have their hands tied in making “common sense” abortion policy decisions.
Abortion rights supporters say the fight over Amendment 1 is about securing the rights of Tennessee women to make a deeply personal decision without onerous restrictions. 

A “yes” vote on Amendment 1 gives Tennessee lawmakers the ability to pass, change or repeal state laws regarding abortion. The U.S. Constitution still ensures a woman’s right to an abortion. 
A “no” vote on Amendment 1 leaves the state’s protections of privacy, and the present laws on abortion, to remain as they are. Abortion is legal in Tennessee currently, with some legislatively approved restrictions, such as parental consent required for a minor’s abortion.


Amendment 2
BALLOT TEXT: Shall Article VI, Section 3 of the Constitution of Tennessee be amended by deleting the first and second sentences and by substituting instead the following:
Judges of the Supreme Court or any intermediate appellate court shall be appointed for a full term or to fill a vacancy by and at the discretion of the governor; shall be confirmed by the Legislature; and thereafter, shall be elected in a retention election by the qualified voters of the state. Confirmation by default occurs if the Legislature fails to reject an appointee within sixty calendar days of either the date of appointment, if made during the annual legislative session, or the convening date of the next annual legislative session, if made out of session. The Legislature is authorized to prescribe such provisions as may be necessary to carry out Sections two and three of this article. 
Yes or No

Amendment 2 provides that if the Legislature does not act to confirm within 60 days, the governor’s appointment for appellate court judges is automatically confirmed. If the Legislature is not in session when the governor makes an appointment, the judge takes office anyway, and the “clock” on the 60-day period—giving legislators a chance to reject—begins when the Legislature comes back into session.

A “yes” vote accepts the current selection system for selecting the Supreme Court and appellate court judges: appointed by the governor, confirmed by the Legislature, then retained or rejected by voters in a general election.

A “no” vote on Amendment 2 means that the voters of the state want to elect the judges for the Supreme Court and Courts of Appeal, believing that electing judges is a better system than appointing judges.

Amendment 3
BALLOT TEXT: Shall Article II, Section 28 of the Constitution of Tennessee be amended by adding the following sentence at the end of the final substantive paragraph within the section: 
Notwithstanding the authority to tax privileges or any other authority set forth in this Constitution, the Legislature shall not levy, authorize or otherwise permit any state or local tax upon payroll or earned personal income or any state or local tax measured by payroll or earned personal income; however, nothing contained herein shall be construed as prohibiting any tax in effect on January 1, 2011, or adjustment of the rate of such tax. Yes or No

Tennesseans will consider whether to ban any new state or local personal income or payroll tax in the state.

Amendment 3 would add an explicit prohibition on enactment of a general income tax on wages and salaries by the state and local governments. The operative phrase in Amendment 3 says “the Legislature shall not levy, authorize or otherwise permit any state or local tax upon payroll or earned personal income or any state or local tax measured by payroll or earned personal income ...” 
Supporters of Amendment 3 want a ban on any state income tax; they believe that the absence of a state income tax has been beneficial in bringing jobs to Tennessee. 

Opponents of Amendment 3 argue that banning an income tax in the state constitution would limit future options and lead to higher taxes on sales and property.

A “yes” vote on Amendment 3 forbids state, city and county governments,from imposing a payroll or income tax.

A“no” vote on Amendment 3, leaves the issue of a state general income tax unchanged; the constitution does not specifically allow an income tax or bar it.

Amendment 4 
BALLOT TEXT: Shall Article XI, Section 5 of the Constitution of Tennessee be amended by deleting the following language:
All other forms of lottery not authorized herein are expressly prohibited unless authorized by two-thirds vote of all members elected to each house of the General Assembly for an annual event operated for the benefit of a 501(c)(3) organization located in this state, as defined by the 2000 United States Tax Code or as may be amended from time to time, and by substituting instead the following language:
All other forms of lottery not authorized herein are expressly prohibited unless authorized by a two-thirds vote of all members elected to each house of the General Assembly for an annual event operated for the benefit of a 501(c)(3) or a 501(c)(19) organization, as defined by the 2000 United States Tax Code, located in this state. 
Yes or No

Because of the language used in Amendment 4, a voter needs to know the U.S. Tax Code’s designation for nonprofit veterans’ service organizations such as the American Legion and the Veterans of Foreign Wars. Amendment 4 seeks to change Article XI, Section 5—the same section approved by voters in 2002 to authorize the Tennessee Lottery—to add veterans’ groups to the list of charitable organizations whose tax status allows them to hold annual gambling fund-raisers.

Supporters of Amendment 4 believe this change fixes an unintentional omission of veterans organizations from the 2002 amendment; veterans-related organizations would be able to seek legislative approval for annual lottery or game-of-change fund-raisers just like other charitable organizations.

Opponents of Amendment 4 argue that gambling in any form goes against the core values of the people of Tennessee.

A “yes” vote on Amendment 4 supports allowing veterans’ groups to be able to seek approval for annual lottery fund-raisers.
A “no” vote on Amendment 4 continues the prohibition of veterans organizations to hold lotteries as fund-raisers.

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