Another election, another slate of state constitutional amendments. This year we have 8.
Let’s face it, we have too many amendments every year. Too often, instead of protecting rights and preventing overreach, they tend to focus on codifying spending, creating programs, and other things that the legislature should be overseeing on a yearly basis. This year is a bit better than most, however continuing to do things this way it is extremely hard to make any changes to outdated provisions, special carveouts, or cut wasteful spending. The few places that can be cut include core services that should be cut last, like education and law enforcement. This must change.
4 on the October 14th ballot and 4 on the November 18th runoff ballot.
Because, of course…
We suggest you read the full text of each bill and make up your own mind. Here is the legislature’s summary and below is our analysis.
OCTOBER 14th AMENDMENTS
Amendment 1 – 2023 ACT 200 (HB 311)
This amendment bans money from foreign governments or “nongovernmental” sources to be used to fund any aspect of our elections. This will prevent billionaires and shady non-profits from funding and staffing election offices, giving private control over elections. See what Mark Zuckerberg did in 2020 with his $350 million “Zuckerbucks” that essentially privatized elections in the key swing states. This is a good restriction, but there are massive loopholes that must be addressed legislatively.
First, it allows for these sources to be used if the election code is changed. Therefore, any future legislature or Secretary of State can undermine this amendment, rendering it useless.
Second, it allows monies from governmental sources such as the Federal government or divisions of our own state government. This could be used to conceal money from other governments and NGOs. Federal money also comes with strings and those strings can give de-facto control of our state elections to the Feds. If the legislature was serious about controlling foreign influence, there would be no exceptions and no loopholes.
Voting “YES” on this is far better than the current situation, but one change to the election code can make the prohibitions moot. This MUST be fixed.
Amendment 2 – 2023 ACT 30 (SB 63)
An amendment that arose out of the tyrannical lockdowns of 2020 and 2021. COVID was a test of our elected officials, governments, laws, and courts. All failed us and our state’s economy, our freedoms, our small businesses, and our kid’s educational and social development paid the price. Restrictions on tyranny is the exact purpose of a constitutional protection.
This amendment elevates the right to worship by applying the “strict scrutiny” standard to challenges to any restrictions on worship. Strict scrutiny is an extremely high judicial standard and would have given a much easier path to overturning Governor Edward’s unconstitutional measures. It also does not limit the protection to church buildings or other places of worship. This would extend the protections to home church meetings or outdoor services.
This is a “YES” vote.
Amendment 3 – 2023 ACT 107 (HB 47)
The first of a few funding amendments. This amendment sets aside 10% of money designated as “nonrecurring” revenue for the state employees and teachers pension funds for 2023-24 fiscal year, then 25% in 2024-25 and after. It allows the legislature to adjust the distribution formulas by future legislation, but defaults to the percentages in the amendment if no adjustments are made.
This is a designation, so politicians and bureaucrats can label any one-time revenue or infusions, such as private donations for specific projects or grants from the Federal government for things like fixing our roads, bridges and drinking water systems to qualify for this deduction. That would mean 25%, 1-out-of-every-4 dollars, of all outside money brought in to repair our critical infrastructure, coastal restoration, salt-water barriers and other needs would be sucked up by the under-funded and mismanaged pension funds. Sucked up with no reforms to the pension systems and put into our constitution so future legislatures can do nothing about it. Funding is a legislative function, not a constitutional one, precisely because needs and priorities can change.
We suggest voting “NO” on this.
Amendment 4 – 2023 ACT 48 (HB 46)
Amends Article 7, § 21 on properties owned by nonprofits exempt from ad valorum taxation by adding the ability of the parish or local governing body to revoke the exemption as a punishment for neglect and/or dangerous conditions and reinstated once the conditions are corrected. Specifically:
- If the property is housing in disrepair and has conditions that create health or safety hazards.
- Habitual neglect and repeated code-enforcement issues that create health or safety hazards.
- Matters deemed to endanger health or safety include structural instability due to deterioration; injurious or toxic ventilation; contaminated or inoperable water supply; holes, breaks, rotting materials, or mold in walls; roof defects that admit rain; unsecured overhang extensions in danger of collapse; a hazardous electrical system; improper connection of fuel-burning appliances or equipment; an inactive or inoperable fire detection system; an unsecured or contaminated swimming pool; or any combination of these.
NOVEMBER 18th AMENDMENTS
Amendment 1 – 2023 ACT 278 (HB 166)
This amendment adds language clarifying the veto override session timeframes and adds language in Article III to limit the bills that can be reconsidered on an override session to bills from the last regular and/or special session. If passed, it would make it so 2024’s veto session could only consider bills from the 2024 regular session and special/extraordinary sessions.
It also allows bills from extraordinary sessions to be heard in the veto session so there is no need for two separate veto override sessions.
…Sure
Amendment 2 – 2023 ACT 199 (HB 254)
This amendment would repeal Article 7, Sections 4(D)(4)(b), 10.4, 10.10, and 10.12(B) and (C) of the constitution. This would abolish six “inactive” funds and move any remaining money from those funds to the general fund.
Funds in this state tend to have questionable histories, and inactive funds are a magnet for corruption, so it is probably best to vote “yes” here.
This is a perfect example of how our constitutional amendment process is overused to create temporary things that are forgotten or abused and must be removed later by the lengthy amendment process. Worse still, many may vote “no” on removing these inactive funds because they have no clue what those fuds have done and/or they have nice-sounding names.
Vote “YES” to reduce potential avenues of corruption.
Amendment 3 – 2023 ACT 179 (SB 127)
This creates the ability of parish governments to approve a $2,500 homestead tax exemption for first responders. The amendment does not automatically create the exemption; it must still be approved on the parish level. Why do we have an amendment that is optional parish-by-parish?
Amendment 4 – 2023 ACT 198 (HB 244)
This amendment makes changes to Article 7, §10.15, the Revenue Stabilization Trust Fund. This is a $5 billion backstop to stabilize gaps in revenue, and for emergencies. Currently, any monies above the $5 billion minimum balance, up to 10% of the fund ($500 million), may be allocated by the legislature to the general fund for capital outlays and infrastructure by a two-thirds vote.
The amendment would add the ability of the legislature to allocate an additional $250 million from the excess fund interest to fill budget deficits. Deficits we will have for the foreseeable future.
All in all, a mixed bag this year. We need to demand better come next session. Too many good bills that should have been amendments to stop COVID tyranny have been killed over the last few years; and too many amendments should be bills.
Peace.