Monday, October 27, 2014


Quick Ballot for Bossier Parish
(See previous post for more information)

U. S. Senator:  Cassidy #3
US Representative:  Fleming #23
PCS District 5:  Campbell #55
District Attorney:  Marvin #60
City Marshall:  Whitman #64

CA1-  NO           CA8-  NO
CA2-  NO           CA9-  YES
CA3-  NO           CA10-  NO
CA4-  NO           CA11-  NO
CA5-  NO           CA12-  NO
CA6-  NO           CA13-  YES
CA7-  YES         CA14-  NO

TAXES:  Vote No on all taxes
PW Millage Renewal –
PW Council on Aging –
PW Shreveport-Bossier Conv. & Tour. Bur.
Cypress-Black Bayou Rec. & Wtr. Dist.

School Board (if on your ballot)
Tammy Smith (Benton)
Eric Newman (Parkway)

2014 Election Ballot- Read Ahead, Vote Early


 
Gatti Voter Guide for 2014

Many of you have texted or emailed about a voter guide for the amendments and a breakdown of Bossier Elections.  Here is a breakdown of the ballot for Bossier Parish.  I strongly suggest that you print and view a sample ballot by putting in your precinct at the following website:
http://www.sos.la.gov/ElectionsAndVoting/GetElectionInformation/ReviewSampleBallots/Pages/default.aspx

This is a full ballot on a Tuesday, so please have your cheat sheet ready.  Expect long lines because as most will not have read ahead of time.  You should be in an out of the ballot in less than a minute if you are prepared.  The only race not listed below is justice of the peace in your area.   A one page vote sheet is provided below.  Thanks in advance for forwarding this link to your friends. 

THE BALLOT

I.                   Candidates

US Senate:  This is a tough race.  Landrieu is a senior senator running for re-election. Cassidy and Maness are providing opposition.  This will be a close race, but Landrieu will most likely win in a three way race. 

US Representative:  John Fleming (R) should easily win re election. 

Public Service Commission:  Foster Campbell (D) should win this easily. 

District Attorney:  Schuyler Marvin is running for re-election.  He has served the district well and should win easily. 

City Marshall:  This is an open seat vacated because Lynn Austin is not running for re-election.  This position was held by Johnny Wyatt for many years.  Jim Whitman will win not only because he has been with the Marshall’s office but mainly because his wife cooks all the ribs, brisket and turkey at Silver Star. 

II.                Amendments: 

Many people think the legislators are trying to make the State Constitution so convoluted and confusing through the amendment process that one day soon a Constitutional Committee will have to be called and rewrite it.  As such, all amendments should receive a NO vote.  Only three of this year’s amendments correct issues that should rise to the level of a change or amendment to the constitution.  Full breakdown of amendments here: 

Constitutional Amendment 1:  Trust fund.  Vote NO.  This law is an admission that we cannot budget as a state.  We have to tell legislators not to raid Medicaid as a way to pay for festivals.  We should not have to tell the legislature that the elderly and disabled are a top priority.  This is much like Pontius Pilate letting the crowd decide.  A no vote should send a message that the legislature needs to fix our budget process and not use the constitution amendment system as a vehicle to do so.

Constitutional Amendment 2:  Trust fund.  Vote NO .  This is a not proper for a constitutional amendment.  This would fund some providers but not all providers. 

Constitutional Amendment 3:  Privatizing tax collections.  Vote NO.  This is an area of government that should not be privatized.  Motive for profit could interfere with due process rights. 

Constitutional Amendment 4:  Creating a State Bank.  Vote NO.  Last thing we need in our state is a state run bank.  If state cannot budget and get it financing through regular channels, then it sure as heck should not be allowed to create its own bank. 

Constitutional Amendment 5:  Change mandatory retirement age.  Vote NO.  70 is the current limit.  The law wants to eliminate the retirement age meaning a judge can serve until death.  There are no term limits on judges, the 70 year rule is the only restriction and it is a fair restriction. 

Constitutional Amendment 6:  Orleans Parish Millage Rates.  Vote NO.  If this passes everyone that pays taxes will suffer in New Orleans. 

Constitutional Amendment 7:  Homestead Exemption for Veterans Clarification.  Vote YES. This is proper and should pass.    

Constitutional Amendment 8:  Artificial Reef Fund.  Vote NO.  This would elevate another part of the budget to constitutionally protected status.  Vote no. 

Constitutional Amendment 9:  Disabled and Taxes.  Vote YES.  This is a clarification of the tax code to protect the disabled. 

Constitutional Amendment 10:  Steal your home act.   Vote NO.    This would reduce your chance to redeem your property from three years to 18 months.  This is being pushed by those that want to steal family land to get the mineral rights. If this passes, it means your could lose title to family land before you even know that you owe the taxes.  Currently if you or your heirs don’t pay for local and parish property taxes for three years, then you could lose TITLE to that property.  This law would shorten that period to 18 months. 

Constitutional Amendment 11:  Increase size of Government.  Vote NO.  We don’t need a Department of Elderly Affairs with 100 bureaucrats running it to take care of the elderly.  The elderly in our state would be better off if we just took that money we are going to waste on a agency and divide by the number of elderly and give it to them.  We just need the state to do the job with what it has.  No creation of a new government agency. 

Constitutional Amendment 12:  Wildlife Commission Membership.  Vote NO.  This should not be in the constitution in the first place. 

Constitutional Amendment 13:  Ninth Ward Property. Vote YES.  State must sell this devastated property.  Private investors can make it work. 

Constitutional Amendment 14:  Tax Issues.  Vote NO. 

III.            LOCAL TAXES: 

Vote NO on all Parish Taxes

PW Millage Renewal - 7.57 Mills - PJ - 10 Yrs.

PW Council on Aging - 1 Mill - PJ - 10 Yrs.

PW Shreveport-Bossier Conv. & Tour. Bur. - 2% Tax - BOD - 24 1/2 Yrs.

Cypress-Black Bayou Rec. & Wtr. Dist. - 1.54 Mills - BOC - 10 Yrs

IV.            School Board

 

          Tammy Smith (Benton Area)
          Eric Newman (Parkway Area)

Thursday, February 27, 2014

Gatti vs. State of Louisiana through the Commissioner of Conservation


A January 2014 court ruling revived a landmark case on Louisiana Mineral Law and landowner rights. Follow the link to read the full opinion.  (Gatti vs. State of Louisiana through the Commissioner of Conservation, et al).

Please contact our office if you have any questions.

Gatti v. Commissioner of Conservation, et al

Monday, October 29, 2012

The Amendments

  Thanks for those who have asked for help with the amendments.  As you recall, I usually frown upon amendments to the state constitution.  The document was intended to give us general principles and consistency, but it is changed more times than a baby's diaper.  In fact, it has been amended over 160 times in its 38 year history. 

   Real change will come when we apply 2 Chronicles 7:14. 
    At every opportunity amendments are offered to help "get the vote out" when we have a major election.  To energize the base, so to speak.  So if you have been living under a rock and aren't enthusiastic about voting for president, maybe gun rights, veterans or term limits will get you to the polls.
This year there are Nine Amendments and one Local Option Vote
Amendment 1: Protect Medicaid Trust Fund for Elderly -  YES
Passage would keep the legislature from raiding the Medicaid Trust Fund for the Elderly to help balance the budget.  This really reveals a lot about our leaders if we think it through.  Many of our elderly rely on this funding for real and personal needs. 
The current House and Senate members need us to pass a Constitutional Amendment that tells them not to raid the Medicaid Trust Fund for the Elderly to balance their out of control spending--we should oblige them.   More than likely, this is on the ballot to make sure seniors vote early and in high numbers in the presidential election. 
Amendment 2: Right to Keep and Bear Arms -  YES

   It is highly unlikely that any member of Louisiana's judicial, legislative or executive branches would infringe upon the right to keep and bear arms.  It is often opined that the largest army in the world at any given time is the American Hunter.  Gun rights are more sacred in America than the rights of the unborn.  This would make Louisiana the best place for a law abiding citizen to own a gun. 
  On the other hand, the passage of this amendment will change the way courts interpret certain restrictions on gun laws under the criminal code.  For instance, It may be tougher to pass gun laws against criminals because the government must prove a compelling interest and show that the law is narrowly tailored under a strict scrutiny analysis.  This is a high burden. 
   Make no mistake, this is on the ballot to make sure that everyone interested in gun rights shows up to vote in the presidential election. 

Amendment 3: Extended Notice for Prefiling of Retirement Bills- NO
  This increases the number of days that that bill affecting Public Retirement would be prefiled.  Among other changes, publication of the bill would change from 30 days before the bill is introduced to 45 days before the session.  This bill may affect public retirement reform.  Not a good bill. 
   This bill assumes that if everyone had more time to discuss the bills, then an informed vote would be taken.  Not likely.  This just adds more deadlines and prefiling requirements. 

Amendment 4: Exemptions for Spouses of Veterans-  YES
This is a good law that allows the spouse or surviving spouse of a disabled veteran to claim the $150,000.00 homestead exemption.  Clears up a previous amendment and might be the only germane Constitutional amendment on the ballot.  ( Side note:  Don't you agree that this special group of men and women who meet the criteria, should be given a transferable lifetime FULL exemption from the property tax dealing with their home.)

Amendment 5: Public Officials Convicted of Felony Lose Part of Retirement- YES
  Once again, the fact that this is on the ballot reveals much about the state we are in.  Any person participating in the retirement system who is convicted of a felony that is related to their office or job could lose a significant portion of their retirement benefits.  The issue is whether this would apply only to elected officials or if it could apply to teachers.  For instance a teacher who has an inappropriate relationship with a student and is later convicted of a felony could lose some retirement benefits under this law. 
  The retirement systems are in dire straits so I anticipate it will pass and be aggressively enforced. 

Amendment 6: New Iberia Tax Issue-  NO

   This idea should be applied to the entire state or not at all.  If it passes, then every city in the state will be on the amendment list next time to garner exemption power. 

Amendment 7: Service on Commissions- YES

  The population has changed and we dropped from 7 congressional districts to 6.  The selections process for State Boards is based on Congressional Districts.  So with the change from 7 to 6, the process must be changed. 

Amendment 8: Non-Manufacturing Tax Exemption-  YES

   Anything that will help a business locate in our state should be supported.  Not a complete exemption of all taxes and really doesn't go far enough-- but might help someone relocate or start a business here.  

Amendment 9:  Notice for creating a Crime Prevention District- NO

   This deals with an idea that is only popular in New Orleans and Baton Rouge. The formation of these districts allowed a fee to be assessed to a homeowner whether they want to pay it or not.  The current notification process is not adequate for some, so they need more notice.  Not proper issue for a constitutional amendment. 


Local Option 1:  Term Limits for School Board Members-YES
  
   States that school board members would be term limited to three four year terms.  This is a significant change.  But the law would not become law until January 1, 2014.  So no immediate change would occur. 
  The idea of term limits was started by the great Pres. George Washington.  If he could limit himself to eight years, then we can limit our current leaders to twelve.  He used a quill pen not a computer.