Both the Lexington Herald Leader and Louisville Courier Journal reported this week on supporters of Kentucky Attorney General candidate Todd P'Pool facing felony convictions for talking about their candidate and his opponent Attorney General Jack Conway.
The news stories are here and here.
At issue is KRS 121.310, which appears as follows in Kentucky law:
The law is so sloppy and imprecise it should be repealed. To do otherwise is to allow an unconstitutional prosecution of speech while empowering government to make up the rules as it goes along.
First, the law doesn't necessarily restrict only employers. By stating "no person shall" without defining person, much less specifying employers as a target, the law could mean to inhibit anyone from talking to someone who has a job. Then, we could interpret "coerce or direct any employee" to mean "tell any employee." Worst of all, the rest of paragraph (1) could easily apply to wearing a t-shirt or possessing a political bumper sticker or flyer.
And paragraph (2) is worse.
Todd P'Pool's supporters shouldn't face felony convictions under this ridiculous statute and Jack Conway's shouldn't either, which they clearly and easily could if Republicans sought to make the point. Repealing this nonsense makes sense for all Kentuckians.
Check back often for news and commentary about Kentucky by David Adams. Contact via email: kyprogress(at)yahoo.com or Lexington area telephone 537-5372.
Wednesday, August 31, 2011
Tuesday, August 30, 2011
Lexington taxpayers to get blindsided in September
A jury trial scheduled for September 26 in Jessamine Circuit Court will rock Fayette County taxpayers and shake up Lexington's political scene.
John Vest vs. Lexington-Fayette Urban County Government, originally filed in 2007, resulted from official mishandling and cover-up associated with multiple cases of civil rights violations at the Fayette County Detention Center.
Former mayors Teresa Isaac and Jim Newberry were directly involved in the mishandling and cover-up.
Vest was the FBI's informant whose testimony sparked an October 2006 raid by dozens of federal agents to the Lexington jail. Vest's only request was to be transferred to another city job with immediate supervisors who might be less likely to try to kill him.
Had Vest simply been transferred, much of this would have just gone away. In fact, rumors are circulating of both Isaac and Newberry eyeing a rematch with Mayor Jim Gray. But they may have to reconsider after Lexington taxpayers finish writing a multi-million dollar check to Vest due to official misconduct by these incompetent politicians.
John Vest vs. Lexington-Fayette Urban County Government, originally filed in 2007, resulted from official mishandling and cover-up associated with multiple cases of civil rights violations at the Fayette County Detention Center.
Former mayors Teresa Isaac and Jim Newberry were directly involved in the mishandling and cover-up.
Vest was the FBI's informant whose testimony sparked an October 2006 raid by dozens of federal agents to the Lexington jail. Vest's only request was to be transferred to another city job with immediate supervisors who might be less likely to try to kill him.
Had Vest simply been transferred, much of this would have just gone away. In fact, rumors are circulating of both Isaac and Newberry eyeing a rematch with Mayor Jim Gray. But they may have to reconsider after Lexington taxpayers finish writing a multi-million dollar check to Vest due to official misconduct by these incompetent politicians.
Monday, August 29, 2011
Frankfort finds its hurricane
Earlier this year, Frankfort politicians agreed to "balance" Kentucky's Medicaid budget by borrowing $166 million in 2012 funds to spend in 2011.
They also set out to save money in 2012 and beyond by switching to a managed care system. Of course, they are attempting to do this without reducing the state government Medicaid workforce.
Perhaps an early indication of how things are going so far comes today with news that Kentucky's Medicaid Managed Care Hotline is backed up and excess calls are being routed to Pennsylvania, where they can't be answered due to complications related to Hurricane Irene.
They also set out to save money in 2012 and beyond by switching to a managed care system. Of course, they are attempting to do this without reducing the state government Medicaid workforce.
Perhaps an early indication of how things are going so far comes today with news that Kentucky's Medicaid Managed Care Hotline is backed up and excess calls are being routed to Pennsylvania, where they can't be answered due to complications related to Hurricane Irene.
Thursday, August 25, 2011
Just pointing this out
The top issue in America right now is jobs and the role government has played in messing up the economy by taxing too much, spending too much and building up its own power at the expense of the people.
The failure of Gov. Steve Beshear's opponent to credibly differentiate himself on these issues surely has a lot to do with the fact that Intrade.com gives him just about a zero percent chance of winning in November.
If you really disagree, of course, you should probably call Intrade.
The failure of Gov. Steve Beshear's opponent to credibly differentiate himself on these issues surely has a lot to do with the fact that Intrade.com gives him just about a zero percent chance of winning in November.
If you really disagree, of course, you should probably call Intrade.
Wednesday, August 24, 2011
Is it the Kentucky typo tax?
Kentucky Auditor candidate John Kemper pointed out something odd about the record-high deposit to the state's rainy day fund a month ago: it's illegal.
"Kentucky state law prohibits putting more than half of an annual surplus into the budget reserve trust fund, also known as the rainy day fund," Kemper said. "A change in the law in 2010 allows the governor to spend all the rainy day money without the General Assembly's permission for the rest of this fiscal year. Our legislators are going to have to be more careful controlling spending in the next budget."
Budget officials in Frankfort said this morning that the legislature changed the law in the 2010 special session to allow Beshear to put more than half of the $156.8 million "surplus" into the rainy day fund. But HB 1 didn't notwithstand KRS 48.705. Instead, it temporarily rescinded KRS 48.700.
Big difference.
We will never know for sure who mixed up the numbers of the two statutes, but by notwithstanding KRS 48.700, the legislature allows Beshear to spend all of the $121 million in the rainy day fund without the permission of the General Assembly.
Giving Beshear control over that much money is not a great idea and something at least some members of the legislature claim to oppose doing. If Beshear misappropriates any part of that money, we should call it the Kentucky typo tax.
"Kentucky state law prohibits putting more than half of an annual surplus into the budget reserve trust fund, also known as the rainy day fund," Kemper said. "A change in the law in 2010 allows the governor to spend all the rainy day money without the General Assembly's permission for the rest of this fiscal year. Our legislators are going to have to be more careful controlling spending in the next budget."
Budget officials in Frankfort said this morning that the legislature changed the law in the 2010 special session to allow Beshear to put more than half of the $156.8 million "surplus" into the rainy day fund. But HB 1 didn't notwithstand KRS 48.705. Instead, it temporarily rescinded KRS 48.700.
Big difference.
We will never know for sure who mixed up the numbers of the two statutes, but by notwithstanding KRS 48.700, the legislature allows Beshear to spend all of the $121 million in the rainy day fund without the permission of the General Assembly.
Giving Beshear control over that much money is not a great idea and something at least some members of the legislature claim to oppose doing. If Beshear misappropriates any part of that money, we should call it the Kentucky typo tax.
Saturday, August 20, 2011
Tea Party stops local tax increase; more coming
Kentucky Auditor candidate John Kemper congratulated the McCracken County Board of Education on Friday for rejecting a property tax increase and he encouraged other boards and local governments across the state to follow suit.
"Frankfort hides a lot of taxing and spending by passing it off to the local level," Kemper said. "Tea party groups across the state are engaging local officials and impressing on them the importance of tightening their belts just like the rest of us. As our message grows stronger, we need to see more officials all over Kentucky work harder to get spending under control rather than raising taxes."
"Frankfort hides a lot of taxing and spending by passing it off to the local level," Kemper said. "Tea party groups across the state are engaging local officials and impressing on them the importance of tightening their belts just like the rest of us. As our message grows stronger, we need to see more officials all over Kentucky work harder to get spending under control rather than raising taxes."
Friday, August 19, 2011
John Kemper challenges Jack Conway
Kentucky Attorney General Jack Conway needs to clarify creditor rights in the event of a municipal bankruptcy in the commonwealth, John Kemper, candidate for Auditor of Public Accounts, said.
"With our growing debt, pension obligations and Obamacare on the way, we need to be clear about what happens if we can't pay the bills. Who gets paid first: bondholders or pensioners? Without a law that spells out what we have to do, it's up to the Attorney General to specify who gets paid when there is not enough to go around."
Kemper's political opponents have attacked him for warning about Kentucky's excessive accumulation of debt, but he hopes politics doesn't stop them from acting to protect taxpayers.
"It's a simple request, really," Kemper said. "I'm willing to overlook the fact that no one has done this yet if General Conway just gets on it now."
"With our growing debt, pension obligations and Obamacare on the way, we need to be clear about what happens if we can't pay the bills. Who gets paid first: bondholders or pensioners? Without a law that spells out what we have to do, it's up to the Attorney General to specify who gets paid when there is not enough to go around."
Kemper's political opponents have attacked him for warning about Kentucky's excessive accumulation of debt, but he hopes politics doesn't stop them from acting to protect taxpayers.
"It's a simple request, really," Kemper said. "I'm willing to overlook the fact that no one has done this yet if General Conway just gets on it now."
Tuesday, August 16, 2011
Maybe you prefer a debt-enslaved Kentucky?
Kentucky Auditor candidate John Kemper will hold a press conference at the Capitol Rotunda on Thursday morning August 18 at 11:30 am. He will address his Debt Free Kentucky platform.
Friday, August 12, 2011
We need a Tea Party upgrade
Lexington activist Kim Shady best summed up Barack Obama's tirade against the Tea Party this week when she said blaming us for the S&P downgrade was "like blaming Paul Revere for the British coming."
Indeed, the Tea Party confounds ruling class politicians in both parties simply by telling the truth about overspending and hyperactive big government. And bad Republicans don't like it any more than bad Democrats do.
That's why we've formed Kentucky Knows Best Political Action Committee to help channel the power of the movement into winning Kentucky state legislative races in 2012 and beyond. If you'd like to know more or to help, please call me at 859-537-5372 or email kyprogress@yahoo.com. You may also contribute to the effort by clicking here.
Thanks,
David Adams
Executive Director
Kentucky Knows Best PAC
Indeed, the Tea Party confounds ruling class politicians in both parties simply by telling the truth about overspending and hyperactive big government. And bad Republicans don't like it any more than bad Democrats do.
That's why we've formed Kentucky Knows Best Political Action Committee to help channel the power of the movement into winning Kentucky state legislative races in 2012 and beyond. If you'd like to know more or to help, please call me at 859-537-5372 or email kyprogress@yahoo.com. You may also contribute to the effort by clicking here.
Thanks,
David Adams
Executive Director
Kentucky Knows Best PAC
Monday, August 01, 2011
Call your Congressman
As of right now, all six Kentucky members of the U.S. House of Representatives are officially "undecided" on the Obama debt deal.
Please join a Kentucky Debt Limit Town Hall meeting Tuesday August 2 at 7pm ET at the Scott County Courthouse in Georgetown, KY. Your input is highly valued and greatly appreciated by the Tea Party.
And obviously our elected representatives need to hear from you now.
Please join a Kentucky Debt Limit Town Hall meeting Tuesday August 2 at 7pm ET at the Scott County Courthouse in Georgetown, KY. Your input is highly valued and greatly appreciated by the Tea Party.
And obviously our elected representatives need to hear from you now.