Proposition 12: Texans Gear Up for Early Voting Start

AUSTIN - As Texans began casting early ballots on Thursday for the upcoming constitutional amendment election, activists from all over the political spectrum scattered across the state in an attempt to jump-start historically low voter turnout in their favor.

Twenty-two proposed amendments are on the Sept. 13 ballot, but the focus of an intense media blitz has been on Proposition 12, which would change the Constitution to allow the Legislature to set limits on non-economic damages, such as pain and suffering, in medical malpractice and other civil lawsuits.

Proponents say the proposition is vital to address a state crisis of losing doctors, particularly in rural areas, to the skyrocketing costs of medical malpractice insurance. But, opponents argue that the legislation goes too far, destroying the government's system of checks and balances and stripping Texans of their access to the court system.

At the Capitol Thursday, a group of consumer watchdogs gathered, sporting their "Vote NO on Prop 12" insignia, to blast the legislation as a product of lobbyists and big-money special interest groups.

Craig McDonald, director of Texans for Public Justice, which tracks money in Texas politics, said the amendment would take power away from communities, judges and juries.

"Prop. 12 gives the Texas Legislature the absolute unfettered power to grant these special interest groups special protections from the harm they might cause in the future," McDonald said.

"Prop. 12 dismantles the checks and balances system that's been the backbone of our government. ... It's an unprecedented free pass for the Legislature to grant special favors and backroom deals that will be forever protected from judicial review. This is too much power to grant any legislative body, particularly too much power to grant the Texas Legislature."

A few blocks away, at Brackenridge Hospital, doctors flaunting their "Yes on 12!"

paraphernalia gathered to hail Proposition 12 as the savior of their profession in Texas.

"Health care lawsuit abuse has created a statewide medical emergency in Texas," said Charles Bailey, president of the Texas Medical Association. "Three-quarters of the medical liability underwriters already have left the state. Half of Texas physicians are forced to reduce services to patients or shun high-risk cases."

Elsewhere in the state, First Lady Anita Perry joined rallies sponsored by the "Yes on 12!" committee in Dallas, Fort Worth and San Antonio.

"Proposition 12 protects our families and ensures that all Texans receive the kind of medical care they deserve," Perry said. "Proposition 12 ensures that doctors, nurses and emergency rooms are open for business and delivering care in Texas' urban, rural and border communities."

Meanwhile on Thursday, Save Texas Courts began airing a television ad pleading with voters to oppose the measure.

"Now politicians and lobbyists for HMOs and big insurance want to take power away from courts and juries," an announcer says in the commercial. "And insurance lobbyists want to rewrite our constitution to limit our courts and protect their special interests. Vote NO on Proposition 12, and save Texas courts."

Early voting, which began Thursday, lasts until Sept. 9, the Tuesday before the Saturday election.

The Secretary of State's Office has not given a projection on voter turnout for the election, but turnout typically is low for constitutional amendment elections. It has hovered between 6 and 10 percent in recent years and hasn't topped 10 percent since 1997, officials say.

Constitutional amendment elections usually are held on a Tuesday in November. Because this election is on a weekend, more voters may want to consider voting early, said Ann McGeehan, elections director for the Secretary of State's Office.

I understand that the liberal community is gearing up strongly to try to defeat the proposition. Given the low turnout in such elections, a really organized effort by the liberals might well bring victory. However, the first lady's intervention may be of some help for the supporters. I plan to vote "Yes" unless I am persuaded that the change would be a detriment to the state.

I will be voting yes as well....anything the trial lawyers hate, I am all for!

I would vote for almost anything that takes power and money away from the trail lawyers...

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