Tag Archive for 'Jim-Powell'

Jim Powell and the Run-Off Election!

Jim Powell’s campaign for a seat on the Public Service Commission might be over if Secretary of State Karen Handel had not tried to keep him off the November ballot. It took from July until 5 days before the election for the Supreme Court to get the case and tell Handel, in an unanimous decision, that she was wrong. Think of all those early voters who may not have voted for Jim because his candidacy was in limbo. And what about the supporters who might have contributed to his campaign, if they had known they were not wasting their money on a “non-candidate?”

Such is the power of politics. Such is the abuse of political power. Anyway you cut it, Handel cannot defend her actions in drawing out this election. Was it partisan? Was it intended to help Powell’s opponent? Who knows? The regrettable truth is that her conduct raises these questions. The question for the future is whether or not this will come to haunt her should she decide to seek higher office (Governor) in 2010.

Even with the adversities caused by Handel, Powell still received 23,000 votes more (47.9% to 47.2%) than his opponent.

In this interview just a few days after the general election, all the votes had not yet been counted, but Jim explains the financial inequality that he had in the general election, whatever the cause.
If you check Jim’s campaign reports you will find that in the last report filed just days before the election, Jim had received contributions totaling $61,000.00, rounded. In the same reporting period, his opponent reported contributions of $146,000.00, rounded. That is the difference that can make a difference.

According to the financial disclosure filled with the State Ethics Commission, Powell’s opponent has a net worth of just over $1 million. Jim’s financial disclosure puts his net worth at about half that.

Jim did point out that Angela Speir won her seat on the PSC in 2002 on a tight campaign budget, spending less than $5,000.00 on the effort. Wow!!!

Jim Powell does not have time to wonder about what might have been. The race is not over until December 2nd.

VOTE!!!!!!!!!!! VOTE!!!!!!!!!!!!!!!!!! VOTE!!!!!!!!!!!!!!!!!!!

 
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Unanimous—Jim Powell Lives!!!! (In The 4th District)

The Georgia Supreme Court today ruled in Handel v Powell that Jim Powell, candidate for the Public Service Commission, District 4, was qualified to run.

You can read the entire opinion here, or this excerpt:

The superior court determined the Secretary made such an error of law when she concluded that the candidate’s homestead exemption on property outside the District was sufficient to determine that the candidate did not reside in the District.3 We agree with the superior court that the Secretary committed an error of law that authorizes reversal of the Secretary’s decision.

The Secretary acknowledged in her decision the existence in OCGA § 21-2-217 of “a set of rules” to be followed in determining residency to qualify to run for elective office, but employed only one of the fifteen rules contained in the set, the “homestead exemption” subsection. When the issue is the residence of a person desiring to qualify to run for elective office, OCGA § 21-2-217(a) directs that the rules contained therein are to be followed “so far as they are applicable[.]” The facts of the case at bar call into consideration at least seven of the fifteen rules: Subsections 1, 2, 3, 4.1, 6, and 9, as well as the homestead exemption rule found in subsection 14.4 but the Secretary’s decision did not take into account any of the applicable rules other than the homestead exemption rule. The Secretary’s analysis had the effect of elevating the “homestead exemption” rule of OCGA § 21-2-217(a) above the remaining rules contained therein, effectively eviscerating their application in any case questioning the qualifications of a candidate for elective office should the candidate own a home on which a homestead exemption is enjoyed. A statute must be construed “to give sensible and intelligent effect to all [its] provisions and to refrain from any interpretation which renders any part of the statute meaningless.” R. D. Brown Constrs. v. Bd. of Educ. of Columbia County, 280 Ga. 210, 212 (626 SE2d 471) (2006). Had the General Assembly intended such a preeminent role for the homestead exemption in determining the residence of a person desiring to qualify to run for elective office, it would have so stated in OCGA § 21-2 -217(a). Inasmuch as the superior court did not err when it reversed the decision of the Secretary, we affirm the judgment of the superior court.

Judgment affirmed. All the Justices concur.

Jim Powell, Candidate for Georgia Public Service Commission

You would think that a seat on the Georgia Public Service Commission would not stir much controversy. Some people probably don’t even know we have a Public Service Commission, much less candidates for seats on it.

Jim Powell is seeking to replace Angela Speir as the commission member from District 4. Speir, a Republican, is not running for re-election. Powell is running as a Democrat and if successful, would be the only Democrat on the PSC.

You may be aware that last week the Governor’s Office of Consumer Affairs announced that it was cutting the funding for the Consumer Utility Counsel which represents the little guy before the PSC. Due to a budget shortfall caused by our troubled economy, the Governor asked all state agencies and departments to cut their budgets by 6% (Education was 2%, I think) across the board. Well, when it came to the lawyers for the ordinary citizen, the cut wasn’t 6%, it was 100%.

I think it was last year that the PSC cut back on the part of its staff that represented consumers’ interests in opposing rate increases. I tried to find something on this, but could not, so I could be wrong, confused or just plain stupid, but my point is that it seems consumers and their interests don’t get much consideration from or at the PSC, or at least less and less.

But, Jim Powell is involved in much more than a campaign for a seat on the PSC. He is also having to fight with Georgia Secretary of State, Karen Handel. After Powell qualified as a candidate, a question was raised as to whether or not he was a resident of District 4. Now, that is something the Secretary of State is and should be concerned with and Handel did what she should have done. She referred the issue to a hearing before an ALJ (Administrative Law Judge). The ALJ found that Powell was a resident of District 4. Handel disagreed and overruled the ALJ. Well, you know what happened next. Powell had to appeal the matter to the Superior Court of Fulton County which ruled in Powell’s favor. Powell wins! Well, not exactly.

Handel has now appealed the Superior Court ruling to the Supreme Court of Georgia. I have interviewed Karen several times and I am a little surprised. She seemed to be a practical person with some common sense, but she did her job when she referred the matter to an ALJ for a due process hearing. Arbitrarily overruling the ALJ and then pursuing an adverse decision by the Superior Court gives the distinct impression of partisanship and is a waste of taxpayer money.

Handel’s conduct is even more questionable when you consider that she apparently made the decision to disqualify him on the Thursday before the primary election on Tuesday and did not even tell Powell he was being disqualified. Powell found out by rumor over the weekend and had to hire a lawyer and run to the courthouse on Monday to stay on the ballot. Sleazy Karen, pure sleaze. We deserve better than that.

Hang in there Jim.

 
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History Repeats Itself: Welcome Back FDR!

A few weeks ago, Jason Pye, the Libertarian, and I were swapping observations about politics. I don’t remember the details but he asked me to read a book: “FDR’s Folly: How Roosevelt and His New Deal Prolonged the Great Depression” by Jim Powell. I think I asked him to read Al Gore’s “The Assault on Reason.” Well, Jason, it was a great read!

I think it pretty clear that Powell did not write the book as an objective history. He had an agenda. Some people think he is right on, and others biased. I can’t resolve that debate, but I think the book makes a lot of valid points (assuming Powell did not just make the stuff up), but the overall point of the book is this (seems to me): Ideology produces bad governments.

I wonder if Jason wanted me to read the book to dampen my hopes of a Democratic majority in Congress accomplishing anything. Failed there Jason. All I have to do is remember that the alternative party is, in my opinion, the worst at governing of any party at any time in American history. In fact, the book absolutely, positively, reinforced my beliefs about the end course of Republican policies: catastrophe for the American economy, less freedom for the American people and more and more money, control and power in the hands of the lobbyists and the special interests they represent.

I have to admit that I tend to be naive, sometimes just plain stupid. I have a natural tendency to believe people tell the truth. (I mean it took a dozen years of practicing law to realize that most clients were lying when they told me they had no idea why their spouse wanted a divorce.) My point is that reading this book persuaded me that FDR and his administration were not the saviors of America with innovative and controversial ideas and programs to get America back to work, to recover economically, and provide ordinary people with the opportunity to attain the Amercian dream, whatever they thought that meant to them.

The books makes a convincing case for the proposition that during FDR’s 13 years in power, he and his cronies had an agenda that would surprise most Americans, particularly today’s Americans. According to the book (and I believe it true) FDR and his advisors used the Depression, the Great Depression, as a watershed event to justify an attack on free enterprise, big business, small business, all business and expand the idea of government control and regulation to unbelievable heights (or is it depths!).

According to the book, these Democrats adopted policies which achieved the opposite of the desired results. In an effort to put people back to work, they raised taxes on businesses, and decreased incentives to make money which resulted in less business expansion and fewer people being hired.

They did crazy things. Like forbidding businesses from cutting prices, ordering excess agricultural produce (milk, for example) destroyed even though people (children) were going to bed hungry. Bloggers would have had a wonderful time back in those days.

Why did they do these things? I know that can be debated but the book makes a convincing argument that it was because the men that created and operated these “recovery” programs, Roosevelt’s advisors, believed that Big Business was the primary cause of the depression, that business as a whole was bad, that the American economy needed to be planned and regulated to bring about a redistrubution of money from the rich to the less than rich. I could go on and on.

The point is that ideology prevailed, while certain freedoms and individual initiative took a back seat to regulation. The views and sympathies of a small group of people took over the legislative and executive branches of government. They were able to do so because everyone believed the Depression was no less a national emergency than war. They played on American’s fears, while offering deceptive consolation. Dissent was un-American. People were prosecuted for lowering the price of washing clothes! Nuts!!

And they did it all right in front of Americans. Fireside chats mesmerized our minds. I think FDR invented sound bites. FDR was loved by the commnon man because the common man did not know what he was doing. Americans believed what they were told, hook, line and sinker. They believed that there was no way their leaders would lie to them, deceive them or promote agendas detrimental to Amercian principles.

Enter 911, George Bush and the Republicans. Does this sound familiar? Hello!!!!!!

Read the book. If anyone has any information that the factual assertions in the book are not accurate, let me know.