A SMALL BIT OF NEWS FROM RICHMOND, VA

Here are a couple of notes from our guys in the Virginia General Assembly.

First from Delegate Scott Lingamfelter. He sent this out on Friday.
lingamfelter

Two   Victories, Two to Go

Help   Pass Voter Fraud Legislation

Dear Friend,

Good news! Yesterday, Governor McDonnell has signed two bills that I supported this session that were sponsored by Delegate Rob Bell and were designed to prevent voter fraud:

  • House Bill 1765 will help prevent felons from voting in Virginia by requiring the State Board of Elections to make additional checks for felony convictions on the Central Criminal Records Exchange (CCRE).
  • House Bill 1764 will help prevent people from voting simultaneously in more than one state by requiring the State Board of Elections to compare voter rolls with other cooperating states to prevent duplicate registration.

We are still waiting for the Governor to sign House Bill 2331, which would allow the Attorney General to directly investigate voter fraud .

Finally, the Governor has not yet signed the bill that would require photo ID for voting, Senate Bill 1256 patroned by Senator Mark Obenshain.

Please contact the Governor’s Office and encourage him to sign both of these important bills! Join me and let the Governor know that voter fraud will not be   tolerated in Virginia.

We must protect the right to vote through   responsible legislation like these bills.

Sincerely,

Delegate   Scott Lingamfelter, R- HD 31, Republican Candidate for Lt. Governor

At the time I wrote this post, The Legislative Information System did not indicate that the governor had approved House Bill 2331 and Senate Bill 1256, but perhaps that system does not get updated on weekends.

Delegate Bob Marshall sent this email out Saturday.

Governor’s Medicaid Expansion & Transportation Taxes  Ruled Unconstitutional

Dear Friends,

We’ve had a great victory for taxpayers!  I have two press releases below. Please spread the word to your fellow citizens, friends and co-workers.

###

Press Releases #1

FOR IMMEDIATE RELEASE

Contact: Delegate Bob Marshall, 703-853-4213

Attorney General Rules Use of “Medicaid Innovation & Reform Commission” to Expand Medicaid Unconstitutional!

Manassas, VA – Delegate Robert G. “Bob” Marshall (R-13) received the attached opinion in response to his request for an opinion with regard to the constitutionality of the General Assembly’s designation of a “Medicaid Innovation & Reform Commission” to allow for the expansion of Medicaid when the Commission determined that a number of proposed Medicaid reforms had been satisfactorily fulfilled.  Delegate Marshall questioned whether the General Assembly could delegate this authority to a smaller group of mainly legislators.

Attorney General Ken Cuccinelli determined in his opinion today that the General Assembly does not have the authority to delegate its legislative authority to a smaller committee.

“I am pleased with this opinion and hope that the Governor will act appropriately to remove this unconstitutional piece of maneuvering from the budget before it comes back to the General Assembly,” said Marshall.  “Medicaid needs serious reform before we can even begin to consider expansion and the decision about when those reforms are sufficient can and should only be determined by the General Assembly as a whole.”

“I congratulate the Attorney General for his correct reading of the Virginia Constitution and appropriate case law at a time when many were urging him to dodge this question or issue a politically expedient opinion so as to avoid controversy in his gubernatorial campaign.  I congratulate him for standing up for the Constitution and the people of Virginia.”

Read the Official Opinion Here.

###

Press Release # 2

FOR IMMEDIATE RELEASE

Contact: Delegate Bob Marshall 703-853-4213

Attorney General Rules Higher Regional Transportation Taxes Unconstitutional!

Manassas, VA – Delegate Robert G. “Bob” Marshall (R-13) received an opinion from Attorney General Ken Cuccinelli in response to his request for an opinion with regard to the constitutionality of the additional and higher taxes imposed on Northern Virginia and Tidewater as part of HB 2313 which is awaiting Governor Bob McDonnell’s signature.  Delegate Marshall questioned whether the “special” taxes were in violation of the uniformity laws in Title X of the Constitution, whether they violated the prohibition to enact local law in Title IV and if not would the requirements of Title VII apply that require local legislation to receive a 2/3 vote of the General Assembly.

It is the Attorney General’s opinion that Title X does not apply because none of the taxes are directly taxes on property but that Title IV DOES apply because the laws single out portions of the Commonwealth without regard to similarities and differences between these areas and others around the state but base the implementation of these additional taxes purely on geography.  This means that the portions of HB 2313 adding additional and higher taxes are unconstitutional.

“I am thrilled with the Attorney General’s opinion with regard to the unconstitutional taxes in HB 2313,” said Marshall.  “Isolating Northern Virginia and Tidewater residents to place an additional tax burden on those citizens who already pay more to Richmond in taxes than they get back is unconscionable.  Without the higher and additional regional taxes HB 2313 cannot be a functional solution to Virginia’s transportation problems.  I hope that the Governor will seriously consider vetoing this legislation or finding a way to start from scratch to find an equitable way to pay for transportation without raising taxes.”

“I congratulate the Attorney General for his correct reading of the Virginia Constitution and appropriate case law at a time when many were urging him to dodge this question or issue a politically expedient opinion so as to avoid controversy in his gubernatorial campaign.  I congratulate him for standing up for the Constitution and the people of Virginia.”

###

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