Tag Archives: prohibit

AG Sees Bill Banning Non-Citizens from Polls as Suspect

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A Senate-passed bill banning those who are not United States citizens from polling places has been deemed “constitutionally suspect” by state Attorney General Bob Cooper.
“When these (relevant legal) standards are applied to HB985, the provisions of this bill appear on their face to be constitutionally suspect as violative of the Equal Protection Clause” of the U.S. Constitution, says the attorney general opinion.
The 14th Amendment to the Constitution, the opinion notes, provides that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” Legal noncitizen residents are covered by the phrase and are otherwise allowed by state law to be present at polling places for purposes other than voting.
To withstand a court challenge, such a blanket ban would have to establish that the law serves “a compelling state interest by the least restrictive means practically available.” The opinion expresses doubt about the proposed law meeting that standard.
The full opinion is HERE.

Bill Banning Phones, Pictures at Polls Draws Criticism

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A proposed ban on using cellphones and cameras at polling places, approved quickly and unanimously in the Senate, has stalled in the House amid suggestions it could block efforts to record wrongdoing.
Rep. Terri Lynn Weaver, R-Lancaster, said she proposed HB921 at the urging of a county election administrator who believes cellphones and picture-taking devices are an inappropriate “distraction.” And state Election Coordinator Mark Goins said he has asked for a criminal investigation into reports of a person who sold his vote, then took a photo of the voting screen to prove how he voted and collect payment.
But members of the House Local Government Committee questioned Goins and Weaver at length on what they see as problems with the legislation.
Rep. Jeremy Faison, R-Cosby, said he has taken each of his five children with him into a voting booth and snapped a picture. That was “a neat thing for us,” he said, adding that “we’re getting into some muddy water here” with the bill.
Rep. Antonio Parkinson, D-Memphis, noted Shelby County voters last year were assigned to vote in the wrong legislative district. With a cellphone picture, he said, they could show the screen as assigned and establish that the ballot was incorrect.

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Legislator Finds ‘Achilles Heel of Obamacare,’ House Sub Approves

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Tennessee insurance companies would be prohibited from participating in the state’s federal health care exchange that will provide federally-subsidized medical insurance under a bill approved Wednesday by a House subcommittee.
Rep. Vance Dennis, R-Savannah, said he had found “the Achilles heel of Obamacare” with his bill (HB476) and, once Tennessee approves it, other states are likely to follow and doom the federal health care program.
“With this bill, I bring you the opportunity for your children and grandchildren and my children and grandchildren to save billions and billions of dollars of money being borrowed against them by the federal government,” said Dennis.
The “Achilles heel,” Dennis said, is that the federal law still allows states to control insurance companies. Thus, by declaring a state’s insurance companies cannot use the health care exchanges set up under Obamacare, the law can be negated, he said.
Dennis also contended that Obamacare would take business away from state insurance agencies writing policies for private insurance that is not subsidized by Obamacare.

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