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year is a bit better than most, however continuing to do things this way it is extremely hard to make any changes to outdated provisions, special carveouts, or cut wasteful spending.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 14^th ballot and 4 on the November 18^th 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 14^th 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 18^th 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.

The post Louisiana 2023 State Constitutional Amendments appeared first on Pelican Patriots.

Update: HB 648, banning puberty blockers, cross-sex hormones, sterilization procedures, and gender-mutilation surgeries on minors to treat gender-dysphoria was overridden. The other 27 dies a sad death along with their 70-soemthing brethren from 2020-22.

ORIGINAL ARTICLE

Here we go again. In a repeat of last year, our legislators have called for another veto override session. Will this time be any different than the last one? Will the Republicans finally stand up to Governor Edwards? Is there enough real opposition in the “opposition” party?

In the last couple of years, Republicans have failed to override vetoes on bills stopping the unpopular, ineffective, and unconstitutional COVID policies and vaccine mandates. They failed despite having veto-proof votes and near universal public support. In fact, there has been only 1 override in the last 31 years; the congressional redistricting bill in 2022, because of course politicians protect their power instead of the people.

However, that override was rendered moot by the recent SCOTUS decision in Allen v. Milligan and denial of appeal from Louisiana.

That brings us to zero overrides in 31 years. Odds-makers aren’t taking bets, but maybe that changes.

28 Bills are up for veto override, many passed with veto-proof votes. I would encourage you to look at each, as well as the Governor’s letter for each veto. Contact your Representative and Senator and tell them how you would like them to vote.

HB 1 budget bill by Representative Zeringue contains vetoes to cuts to LDH and other programs.

HB 2 budget bill by Representative Bishop contains 18 line-item vetoes.

HB 81 by Representatives Crews, Amedee, And Garofalo. This bill would prohibit school employees from using the names of a student that are not their legal name or pronouns that do not coincide with their biological sex without written permission from the parents. It also provides legal protection for employees who have personal or religious objections to using alternate names or pronouns. The mandatory language of the early parts of the bill is concerning because it could be argued they compel speech, but the protections from retaliation against school employees who have religious or conscious objections to using alternate gender names (not nicknames) or pronouns not consistent with biological sex are very much needed. A compromise could have been a line-item veto of lines 22-26 on page 2.

HB 85 by Representative Mike Johnson would create a misdemeanor punishable by fine and incarceration if a “person shall knowingly or intentionally approach within twenty-five feet of a law enforcement officer who is lawfully engaged in the execution of his official duties after the law enforcement officer has ordered the person to stop approaching or to retreat.”

HB 91 by Representative Jonathan Goudeau would allow courts to force persons convicted of vehicular homicide to pay child support to minor children of the victims of the crime. Louisiana law RS 14:32.1 defines the vehicular homicide as being under the influence of drugs or alcohol while driving.

HB 125 by Representative Michael Echols would prohibit purchase and ownership of agricultural (farm) land by foreign adversaries of the United States. This would include foreign individuals, governments, and corporations and it specifically names “People’s Republic of China and the Hong Kong Special Administrative Region, Republic of Cuba, Islamic Republic of Iran, Democratic People’s Republic of Korea, Russian Federation, and Venezuela under the leadership of Nicolas Maduro.”

HB 166 by Representative Tony Bacala requires revenue forecasts to include the current year and the next three years.

HB 182 by Representative Kathy Edmonston bans the requirement of COVID 19 vaccines/experimental gene therapy to attend schools.

HB 188 by Representative Larry Frieman would allow denial of parole for “dangerous offenders” convicted of crimes of violence, sex offenders, racketeering, terrorism, and dealing of drugs other than marijuana.

HB 205 by Representative Marcus Bryant would increase teacher pay by requiring compensation for planning time and work beyond the scope of their normal duties. This includes participation in after-school activities.

HB 260 by Representative Beau Beaullieu prevents implementation of federal guidance or directives, not laws, about elections without the express consent of State House and Senate Governmental Affairs committees. This reinforces that the Article I Constitutional power to control elections belongs to the state legislature.

HB 309 by Representative Ray Garofalo calls for insurance discounts for buildings that meet certain standards.

HB 399 by Representative Kathy Edmonston would prohibit requiring immunization (vaccine or natural) or proof of immunization for enrollment in schools or entry into schools or events on campuses.

HB 415 by Representative Beryl Amedee would essentially prohibit Central Bank Digital Currency (CBDC) in Louisiana as it specifically exempts it from being a “deposit account” under LA R.R. 10:9-102.

HB 466 by Representative Dodie Horton is a companion bill to HB 81. It would ban discussion of sex, sexual orientation, or gender identity outside of official curriculum. It also bans forcing students, teachers, and other school personnel to use certain names or pronouns for a given student.

HB 504by Representative Alan Seabaugh repeals LA R.S. 42:31 which required unclassified employees of the state making $100,000 or more to have Louisiana driver’s license and have all their vehicles registered in Louisiana or be fired. Why was this a law in the first place? Seriously?

HB 560 by Representative Jerome Zeringue is a supplemental appropriations bill with 19 line-item vetoes.

HB 585 by Representative Michael Echols would create a new Council for Economic prosperity and sets its goals and parameters. Do we really need more advisory councils to come up with ineffective plans that never get implemented?

HB 646 by Representative Les Farnum would require an annual canvas of all registered voters before June 13^th of each year. This process is expected to aid in removal of inaccurate or inactive registrations from the rolls.

HB 648 by Representative Gabe Firment would ban the use of puberty blockers, cross-sex hormones, sterilization procedures, and gender-reassignment surgeries on minors. Using some of these drugs and procedures to treat biological issues, such as early puberty or breast cancer, would still be allowed, but all use to create appearance of a different sex would be banned. We try to be objective here, but if this veto isn’t overridden, do not vote for any of these politicians ever again. “DO NO HARM.”

HB 658 by Representative Raymond Crews requires Louisiana providers and insurers to follow Federal price transparency laws. Despite passing over 10 years ago, these Obamacare requirements are still not implemented or enforced.

HB 659 by Representative Troy D. Romero is a similar bill to SB 217 by Senator Henry requiring the creation and maintenance of a registry database for child abuse, neglect and other violence against minors. Vetoed due to repetitive nature with SB 217.

HB 661 by Representative Nicholas Muscarello provides for various changes to the Louisiana Supreme Court Judiciary Commission including publication of the members on their website as well as changes to the committee submitting recommendations to the legislature for the creation or removal of judgeships.

S B1 by Senator R. L. Bret Allain, II would phase out the corporate franchise tax from 2025-2029 at 25% per year.

S B6 by Senator R. L. Bret Allain, II provides for changes to the Quality Jobs incentive tax rebates in proportion to provisions of SB 1 or other reductions in the corporate franchise tax. Yay tax code…

SB 123 by Senator Cameron Henry makes changes to the requirements of recall petitions including making the petitions public record 90 days after the first signature.

SB 159 by Senator Stewart Cathey, Jr. allows 17 year olds convicted of crimes of violence to be housed with adults in prison.

SB 196 by Senator Barrow Peacock creates requirements that third-party funding of lawsuits be reported and available to litigants.

Will the Republicans stand up? Or will they cave again? We will know in a couple of days.

The post Will Anything Be Overridden? Update: One Bill, HB 648 appeared first on Pelican Patriots.

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The leaders of this war are in the White house, DOJ, FBI and Democrat AGs all over the country. They are giving pass after pass, coverup after coverup to violent criminals, Democrats, establishment Republicans and the Biden family while at the same time bending and twisting statues and using unethical tactics to go after anyone who dares challenge the regime. Especially President Trump.

The political indictments of President Trump in New York and Florida, and impending ones in DC and Georgia, made it clear we no longer have a blind justice system. Her gaze is focused on only persecuting enemies of the current regime or those that dare challenge the narratives out of DC.

Contrast the thousands of hours and millions of dollars spent on the Trump investigations with the ever-expanding web of the Biden family selling/ Joe’s position as Senator, Vice-President and now President for cash, bribes and favors while investigations into all the misdeeds were quashed by Joe’s own administration and, sadly, Bill Barr. This interference by the DOJ had incalculable effects on the 2020 election and deprives Americans of knowing if and how much our current President is compromised.

Congress will not fix this. No one will be impeached. No one will be removed. The machine in DC will turn slowly, dragging this out for donations and soundbites until the 2024 election is upon us with NO action taken.

Justice has to come on a state and local level and we the People must demand it. We need brave Attorney Generals, District Attorneys, and Inspectors General to look into the corruption and crimes of the regime in their areas. Below is a letter you can send to AG Landry (ConstituentServices@ag.louisiana.gov) and to your Sheriff encouraging them to look into the myriad of Biden dealings in our state. Alos share this article on their social media.

It is time to fight back in this new war of lawfare.

The post We are in a War of Lawfare, Time to Fight it. appeared first on Pelican Patriots.

Louisiana Act 480 in 2021 mandated that we have a full, human-readable ballot for every vote cast. Adding expensive, vulnerable computers on top of that and between you and your ballot is a waste of time, money ($100 million worth + service costs), and leaves our elections wide open to manipulation.

Below is a letter you can send to your Clerk of Court, encouraging them to reject voting computers and move to a secure paper system.

Paper is the way.

The post The Halderman Report and the Vulnerabilities of Voting Machines appeared first on Pelican Patriots.