Tag Archives: Buzz Brockway

Ballot Access Legislation Coming in 2015?

Over the course of the last election cycle, I spent a lot time complaining about the need for ballot access reform. Georgia is currently rated 50th (that’s worst, for those of you playing at home) in the nation for ballot access for third-party candidates, or “independents” since our state only “recognizes” two political parties under election law. “Rogue candidates.” The rebels without a cause. What it means to be recognized as a political party is also defined by state law.

Georgia currently requires these candidates to obtain signatures from 5% of prospective voters. If you’re running for Congress, that’s about 18,000 signatures – and no third-party has been on a general election Congressional ticket since 1943. Whether you’re running for county commission or Governor, you have 180 days to collect the signatures and then turn them in accordance with the qualifying period outlined specifically for independent candidates. This mess unfolded publicly for both Jeff Amason in House District 21(who obtained far more than 5%) and  candidates like Bill Bozarth in Atlanta during the last general election. There is no doubt the process is a bureaucratic, unequal mess.

And we’ve sort of tried. During the 2011-12 legislation session, Secretary of State Brian Kemp recommended by way of Rep. Mark Hamilton and HB 949, along with many other ballot access reform initiatives, a reduced number of signatures required for third-party candidates. Not perfect, but a step in the right direction. The legislature denied this and passed almost every other ballot reform measure in HB 899.

ballot access

Support for fewer barriers to entry goes back further than that, though. A similar bill was introduced by the late Rep. Bobby Franklin and, wait for it,…David Ralston, pre-speakership days. In fact, Ralston was the first signer on HB 927 in the 2005-2006 legislative session. The bill, which is worded in so many ways that I adore, states the following:

BA_section2

Consistent petition standards for all public offices. What a novel thought. The legislation reduced the number of signatures required to 2% of voters based on numbers from the last election. While this legislation is contradictory in and of itself, seeing as though ‘consistent’ would imply that everyone, even “Republicans” and “Democrats” are subjected to the same rules, the mere introduction of the legislation indicates that we have a problem. In September, 58% of Americans favored third parties. It’s time to stop ignoring this issue.

Whether legislation should eliminate signatures for an ‘unrecognized’ party, or we stop using parties on the ballot (Georgia Washington didn’t like them!), or we start messing around with the qualifying fees as a barrier to entry is still up for debate. One thing is for sure: no candidate should have to sue the state to be on the ballot. That’s not a government run by The People and Georgia needs to do better. Perhaps we can shoot for 49th. Regardless of whether you will ever vote for a third-party or not, the inequity based on political affiliation is resounding.

What legislation will actually look like if it comes about in the upcoming session -if it even does- is still to be determined. Rumor has it that legislation will indeed be introduced, perhaps by Rep. John Pezold (R-Columbus). But you know what they say about rumors: Only good ones are spiced with truth.

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Constitutional Values? You will rally for these bills…

I’ll keep this short and to the point. The Georgia legislative session has begun and because of the shortened session, the gas pedal is down for legislation. If I were a betting gal, I’d put money on the bad ones getting rammed through while the ones that restore our liberties face a Christie-like traffic jam.

As Constitutional conservatives, bills worth following include the following:

  • HB100 — concerning the Governor’s executive power over firearms and ammunition in a state of emergency. I wrote a full article on this bill, which you can read here. The bill has a substantial number of legislative signers but currently lacks support from the Governor’s office. We’ll keep waiting, but some folks struggle letting go of their own power. If I had to pick *one* piece of legislation to pass this session, it would be this one.
  • HB195 — regarding regionalism. This one is complicated, so if you missed all the articles, catch up here and here.
  • HB25 — a jury nullification bill. If you don’t understand jury nullification, you can read here and see why it’s necessary in a time where our justice system is quite twisted.
  • HB512 — This is a comprehensive gun bill that died on the last day of the 2013 session and included campus carry. In order for this to be considered a “good” bill, two things need to happen: 1) the term “mentally ill” needs to be narrowly defined because as the bill currently stands, those receiving court-mandated counseling and care would not be able to obtain a carry permit (this includes alcohol and drug counseling for people who are convicted of DUI) and 2) the training mandate for students is removed. Don’t mandate me, bro.
    Some are suddenly touting this as a property rights thing. This is only what we’ve been saying for 223 years.
  • HB699 — pertaining to warrantless surveillance by law enforcement and state agencies which also has a complete article detailing the parameters and evils. What I like most about this bill, which I tell you here, is that it actually monetarily charges the people who violate this law.
  • HB 707 — which deals with the Affordable Care Act and essentially nullifies the law in Georgia. There are several arguments that the bill wouldn’t actually do anything other than make a statement to the federal government and could be turned over in court. These are justifiable concerns, but Georgians are waiting for our elected officials to stick up for us and also to show they have courage. This is an opportunity. In addition, it’s an initiative by the People.
  • HB 718 — for raw milk. This is an easy one!! Full article here, but if this doesn’t pass, I will lose all hope for the Georgia legislature. Restoring a simple consumer right should be a quick and painless vote for all Republicans.

Other notable pieces of legislation include:
HB 181 – prohibiting EBT users from using ATMs to obtain cash
HB560 – a drone bill, though I’d rather just see a resolution encouraging dealing with this with other Constitutional rights. Jokes. Sort of.
HB733 – Georgia Religious Liberties Act of 2014 for students in public schools

It’s worth noting that many of these initiatives are not new and are ones many of us have been following for quite some time. If you want to contact your legislators, you can find their contact information here. I also fully support any bill that repeals an existing law. Next week I’ll be posting the bills I would like to see fail…because everyone loves a good hit piece.

Raw Milk Sans Social Unrest

Georgia has a raw milk bill!
Representative Scot Turner (along with co-sponsor Reps Allison, Brockway, Caldwell, and Spencer) filed HB 718 on Monday.
Currently, raw milk is technically not illegal in Georgia but it can only be purchased for animal consumption (pets, livestock, etc) and you can’t sell it. You see what they did there?

If you’ve ever had raw milk, you understand that the consistency is a bit difficult and it smells like cow, but this issue isn’t about flavor. This also isn’t about the gross process of pasteurization and homogenization to get that “safe” gallon you buy ever week. This is about government overstepping it’s bounds and the legislature finally offering a remedy. Currently, we look to an organization that says alcohol, tobacco and prescription drugs are “safe” but the possible dangers of raw milk are so horrific, it must be heavily regulated on the state and federal level. So allow me to articulate a few arguments in favor of raw milk:

  • Raw milk is not dangerous for you because you don’t HAVE to drink it. Certainly there is an assumed risk in consuming any type of food/drink, but we cannot fully be “protected” by any government entity. I am allergic to peanuts. They can make me very sick but peanuts are not illegal.
  • On the premise that raw milk should not and will not be illegal, citizens of Georgia should have the freedom to trade, barter, consume, sell and purchase goods and services.
  • If consumers are willing to accept the risk, they should have the freedom to choose what kind of milk they want to drink. Right now, state law forces people to take raw milk to the black market (yes, people, our government over-regulation has taken us to the black market for milk) where the “all or nothing” mentality actually allows more health and safety concerns.
  • The current law criminalizes a behavior that has been legal since the dawn of time. It’s only been in the recent progressive decades of reliance on government to tell us what is and isn’t okay that the raw milk ban has congealed (Again, see what I did there?) People survived for hundreds of years on raw milk.

This issue is about personal responsibility and making your own decisions. If you rally for lower taxes, limited government, and less regulation, raw milk legalization should be on your radar. Don’t be scared. The best thing about raw milk is that if it terrifies you, you can simply get in your vehicle, drive to Publix and purchase the milk of your choice from the grocery. Choices are good. So, we can infer that choosing to support HB718 is an excellent choice if we want more choice and less government interference. 🙂