La. Legislature to look at tax relief, budget cuts

BATON ROUGE, La. (AP) — Levee oversight, New Orleans schools and an array of divisive matters ... on the lengthy list of hurricane recovery topics included in a special legislative session called by Gov. Kathleen Blanco, who had initially pegged it for limited emergency needs.

Among the hot-button issues[:]...stronger statewide building codes, a revamp of the New Orleans school system that would take control of the city's failing schools ... and unified state oversight of the fractured system of levees that protect coastal areas, towns and New Orleans.

Blanco didn't necessarily carve out a strict agenda for recovery and rebuilding after the back-to-back blows of hurricanes Katrina and Rita, choosing to include 77 possible topics that lawmakers can consider for the 17-day session that begins Sunday.

The governor acknowledged that some of those ideas were designed to generate debate and see what develops.

"This special session will move us toward bringing our families and our businesses home and bringing Louisiana back," Blanco said Tuesday.

The session legally must end by Nov. 22 at 6 p.m., two days before Thanksgiving. Blanco's staff said they would detail the specific language of the governor's bills when the session begins.

All types of budget cuts are up for debate by lawmakers after Blanco makes initial spending reductions of $300 million — deep slashing but not enough to rebalance a budget facing nearly a $1 billion deficit in tax income alone. Blanco wants lawmakers to tap the state's "rainy day" fund, consider borrowing some cash to help alleviate some of the pain of cuts and create a system for state employees to retire early and get off the regular payroll.

"I will use this opportunity to work with the Legislature to remake state government, to make it smaller, better and more efficient," the governor said.

Check this story out....

Post-hurricane elections present logistical problems
11/1/2005, 3:37 p.m. CT
By JEFFREY McMURRAY
The Associated Press

WASHINGTON (AP) — With hundreds of thousands of New Orleans voters displaced by Hurricane Katrina, Louisiana's secretary of state said Tuesday he is scrambling to make sure the city can hold credible elections next year.

Al Ater said waterlogged voting machines and unreachable registered voters are just two of the problems officials in New Orleans and other hurricane-affected places must face in the coming months. In New Orleans alone, he estimates 300,000 registered voters — two out of three of them black — have been forced out of their homes.

"This is probably the most important election in the history of New Orleans because whoever is the leadership in this election is basically going to be charged with rebuilding that city," Ater said at a forum in Washington sponsored by the Center for American Progress and American Constitution Society. "That is not a small test."

Ater is leading a state push to change some of the election laws before many state residents simply register elsewhere, forfeiting their right to vote in New Orleans even if they plan to eventually return.

For example, he is asking Louisiana's Legislature to change the state's purge laws, which assume voters have moved elsewhere when they miss an election and a notification card sent to their home is returned as undeliverable. If such cards were sent now, the post office has said almost all registered voters in New Orleans would qualify to be purged, Ater said.

"We have to suspend that," he said.

Any change to Louisiana election laws — even public service announcements broadcasting the rights of a voter — must get approval by the federal government under the Voting Rights Act. Ater said the Justice Department has assured state officials that it will act quickly to clear the changes.

He also has endorsed a bill introduced by U.S. Rep. Artur Davis, D-Ala., that would let displaced hurricane victims vote absentee in their home communities through the 2008 election, provided they sign a document pledging their intent to return. Davis said Congress needs to act quickly because many residents who have moved out of state are registering there instead, figuring they don't have a choice.

"You don't redistrict as part of the aftermath of a hurricane," Davis said. "If we don't find some way to protect the rights of these individuals, you will get a de facto political redistricting."

Davis said he knows some Gulf Coast politicians are salivating about the opportunity to run in hurricane-affected districts because of the apparent demographic change. New Orleans attorney Ronald Wilson questioned whether, if that's the case, any credible elections can really be held there soon.

Also Tuesday, the House Judiciary Committee's panel on the Constitution held the latest in a series of hearings about key portions of the 1965 Voting Rights Act that expire next year. Among the provisions is the one that requires Louisiana and other states to get federal approval to change their voting laws.

Davis has said he'd prefer to address the question of hurricane-affected voters separately from the Voting Rights Act, so as not to make it more vulnerable to a legal challenge.

...that would let displaced hurricane victims vote absentee in their home communities through the 2008 election, provided they sign a document pledging their intent to return.

I consider this very risky [for us] ... would $5, or a 6-pack, induce some of these absentee "voters" to sign such a document ... and, what would the long term implications be if they decide not to return ... can they be dragooned into coming back, anyway ... and what sort of inducement might come into play then ... ?

Davis has said he'd prefer to address the question of hurricane-affected voters separately from the Voting Rights Act, so as not to make it more vulnerable to a legal challenge.

They simply do not plan to take any chances as, arguably, their very livelihoods and power depend on how they handle this.

We better watch them like a hawk and consider all the potential angles ...

I do fully understand the difference between domicile and residence. I fear that these people may claim a LA domicile forever ... without returning. Eventually they are going to need to acquire driver's licenses to have identification, etc. How can we doublecheck to prevent voting in two places? And, if they are receiving any sort of benefits in another state, how would that come into play?

Lots of questions ...

A point to consider. Anyone who is away for his normal voting location for any reason, may request an absentee ballot. Therefore, the evacuees are perfectly within their rights to vote in any election for which they are now elligible to vote. All they have to do is write their local registrar and request a ballot.

If I understand correctly, Ater and company want to pre-emptively contact all the evacuee/voters and advise them of an upcoming election.

The question is, has this ever been done before for absentee voters? It's been 30 years since I was in the military, but no one ever wrote me and advised of an upcoming election for which I was elligible to vote. I susupect this is STILL the case.

That is to say, if Louisiana is obliged to notify absentee voters of elections, why haven't they been doing so for people in the military before now?

All they have to do is write their local registrar and request a ballot.

Many of the people involved were not responsible enough to leave the city before the hurricane struck. How many of them do you think know that there are absentee voting provisions ... much less what they are?

If I understand correctly, Ater and company want to pre-emptively contact all the evacuee/voters and advise them of an upcoming election.

Who decides which potential voters are now "absentee" ... without canvassing the city beforehand?

The question is, has this ever been done before for absentee voters?...
... [N]o one ever wrote [military personnel] ... and advised of an upcoming election ... That is to say, if Louisiana is obliged to notify absentee voters of elections, why haven't they been doing so for people in the military before now?

Probably not. There has probably never been a situation like this before now. As to military personnel, the question at hand may raise an interesting test case to insure that they will be notified of future elections.

This begs the question. How is it determined that someone is an absentee voter? I would think this would require the notitication of all registered voters ... not just some arbitrarily deemed to be potential absentee voters. Any other course of action would, arguably, violate rights of those who were not notified. This could become a cumbersome and expensive proposition.

Presumably, the people they want to contact are those who have been housed in shelters. Countless other evacuees have housed themselves in various rented quarters and/or in homes of relatives or friends. Why should they not be contacted about voting absentee ... as well as those who are FEMA subsidized housing? I, myself, have been housing a Katrina refugee whose home is in an area that did not flood. Other damage to her home will make it impossible for her to return any time soon. Would she be considered a potential absentee voter? And, if not, why not? Who decides who is and who is not a potential absentee voter?

So far, FEMA has steadfastly refused to release names of evacuees they are housing ... including to at least one local sheriff who wants to do criminal background checks on the people.

I am completely opposed to the actions they propose because of the enormous potential for fraud.

State laws clearly define a process by which a resident out of the parish on election day can vote in Louisiana – an absentee/early voting system designed to minimize the chances of voting fraud. RS 18:1303(4) http://www.legis.state.la.us/lss/lss.asp?doc=81337 clearly permits displaced Louisianans the right to vote this way (and the language of RS 18:1306(c)(1) http://www.legis.state.la.us/lss/lss.asp?doc=81340 in the use of the word “shall” would permit enough of these ballots to be distributed). The process outlined in RS 18:1307 http://www.legis.state.la.us/lss/lss.asp?doc=81341 is incredibly simple – make a request, follow simple instructions to fill out, and mail in.

[Absentee voting in Louisiana] is incredibly simple – make a request, follow simple instructions to fill out, and mail in.

Thank you for the links. I agree that a well defined and proven system is in place for absentee voting in Louisiana. That system should be allowed to function as intended. The system provides for self-generated and self controlled voting.

Further involvement by anyone other than the absentee voter himself/herself presents potential problems.

If the present system is allowed to function as intended, there should be no problem. My objection, however, is to a move afoot to subvert the present system.

The desire to notify potential absentee voters must be suspect. Only if all voters are notified of their right to vote absentee will the proposal be just.

I defy anyone or any party to determine who may or may not be entitled to vote absentee in these circumstances. The problem arises from notifying only selected voters of their right to vote absentee.

Please explain to me the method by which absentee voters are to be notified. FEMA has refused to identify evacuees in their shelters on the grounds that it would violate their right to privacy.

There has been a totally non-functional U.S. Mail system in New Orleans. Mail has just disappeared into a black hole and is not being delivered reliably now. How does one notify voters and/or absentee voters in these circumstances? I know of one instance where a Change of Address was filed immediately after the Hurricane hit. This has resulted in -0- pieces of mail being delivered. Then, in an effort to overcome this difficulty, the Change of Address was canceled. Still there has been -0- mail delivered.

There are many unidentified persons in the morgue at St. Gabriel. And, we do not even know how many people are simply not accounted for. I, myself, know of one.

The laws you have cited and linked to anticipate that request/fill out/mail in of an absentee ballot will be accomplished by the voter himself/herself. The involvement of third parties in the procuring, delivery, completion and/or return of absentee ballots is not provided for. All of that is intended to be self-generated.

Unless answers to these questions, and analysis of all potential risks, are considered ... the present suggestion should be rigorously opposed.

Displaced Citizens Voter Protection Act of 2005 (Introduced in House)

HR 3734 IH

109th CONGRESS

1st Session

H. R. 3734
To extend to individuals evacuated from their residences as a result of Hurricane Katrina the right to use the absentee balloting and registration procedures available to military and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

September 13, 2005
Mr. DAVIS of Alabama introduced the following bill; which was referred to the Committee on House Administration

A BILL
To extend to individuals evacuated from their residences as a result of Hurricane Katrina the right to use the absentee balloting and registration procedures available to military and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Displaced Citizens Voter Protection Act of 2005'.

SEC. 2. APPLICABILITY OF PROTECTIONS FOR ABSENT MILITARY AND OVERSEAS VOTERS TO KATRINA EVACUEES.

(a) Right of Katrina Evacuees to Use Absentee Balloting and Registration Procedures Available to Military and Overseas Voters- In the case of any individual who is an eligible Hurricane Katrina evacuee--

(1) the individual shall be treated in the same manner as an absent uniformed services voter and overseas voter for purposes of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.), other than section 103(b)(1) (42 U.S.C. 1973ff-2(b)(1)); and

(2) the individual shall be deemed to be an individual who is entitled to vote by absentee ballot for purposes of the National Voter Registration Act of 1993 and the Help America Vote Act of 2002.

(b) Definition- For purposes of this section, the term `eligible Hurricane Katrina evacuee' means an individual--

(1) who certifies to the appropriate State election official that the individual is absent from the place of residence where the individual is otherwise qualified to vote as a result of evacuation from an area affected by Hurricane Katrina; and

(2) who provides the official with an affidavit stating that the individual intends to return to such place of residence after the election or elections involved.

(c) Effective Date- This section shall apply with respect to elections for Federal office held in calendar years 2006 through 2008.

SEC. 3. REQUIRING DESIGNATED VOTER REGISTRATION AGENCIES TO NOTIFY DISPLACED INDIVIDUALS OF AVAILABILITY OF PROTECTIONS.

Each motor vehicle authority in a State and each voter registration agency designated in a State under section 7(a) of the National Voter Registration Act of 1993 shall take such steps as may be necessary to notify individuals to whom services are provided of the protections provided by section 2 and of the requirements for obtaining those protections, including the requirement to submit an affidavit stating that the individual intends to return to the place of residence where the individual is otherwise qualified to vote.

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