First a Permitless Hog Farm, Now An AR-15 Giveaway – Is Rep. Holt’s Fundraiser “Door Prize” Legal?

Rep. Andy Holt (R-Dresden) is hosting a “Hogfest and Turkey Shoot” campaign fundraiser at his home this Saturday, and has announced he will be giving away an AR-15 Assault Rifle – the weapon used in tragedy after tragedy in America – as a “door prize”… but is it legal?

That Holt would give away a weapon that even NASCAR won’t feature in ads anymore despite the message it sends to those concerned about the gun death crisis in America should come as no surprise – he is after all the sponsor of a recent bill to weaken our permitting system in Tennessee to make it possible for people to get a permit to carry virtually anywhere in our state without ever actually firing one on a range, simply by taking a quick online class.

But is his giveaway actually legal? It would appear the answer is no.

The Secretary of State’s website is very clear: Raffles like the one described in Holt’s event – where people pay to get in, and are entered to win a prize – are considered gambling in Tennessee, and not permitted by any organization that isn’t a charity and hasn’t been pre-approved.

From the Secretary of State’s site:

Raffles and games of chance are considered gambling, which is prohibited in Tennessee. However, certain charitable organizations are allowed to apply to have one raffle, reverse raffle, cakewalk or cakewheel each year if that event is conducted in accordance with the procedures set forth in the Tennessee Charitable Gaming Implementation Law.

Only a qualified 501(c)(3) or 501(c)(19) organization that has submitted an application to the Division of Charitable Solicitations and Gaming and that has been approved by the Tennessee General Assembly can hold a raffle.

When asked about this on Twitter, Holt responded that the AR-15 was a “doorprize”:

But the SOS site makes no exception for such semantic arguments. What Holt describes in his event post is pretty clearly not allowed by law.

Again, from the SOS site:

No. An event is considered a raffle if someone must pay for a chance to win a prize and would be a violation of law. It does not matter that the payment is called a “donation.”

When asked if he had applied and been approved, Holt gave no answer.

There is even a question on the site itself about exceptions for political campaigns, to which the answer is very clearly also a resounding NO:

Are political candidates and campaigns allowed to conduct raffles or other games of chance?
No. The law only allows qualified 501(c)(3) and 501(c)(19) organizations to hold gaming events. Political candidates and campaigns for public office are not considered 501(c)(3) or 501(c)(19) tax exempt organizations… If someone is required to pay for a chance to win a prize, it is considered a raffle. Only qualified and approved 501(c)(3) and 501(c)(19) organizations may hold a raffle. It does not matter that the payment is called a “donation.”

As for the consequences, the site has this to say:

If the Division of Charitable Solicitations is notified of an unapproved event, the Division will notify the local district attorney general. Conducting an unapproved game of chance may be a violation of the criminal gaming statute, and local law enforcement has jurisdiction to investigate and prosecute the individuals responsible for the event… Please contact the district attorney for the county in which you believe the game of chance is taking place or contact the Division of Charitable Solicitations at (615) 741-2555 and the Division will notify the appropriate authorities.

In this case, the District Attorney to holler at would be Tommy Thomas: (731) 364-5513

And here’s how to holler at the Division of Charitable Donations: (615) 741-2555 & charitable.solicitations@tn.gov

It’s worth pointing out that Holt is no stranger to breaking the law and doing things without a permit – he was previously found to be operating a pig farm without one.
He also recently mocked a Republican County commissioner who criticized disgraced former speaker Glen Casada, teasing him about beastiality (all class that Andy!) – and called a constituent who disagreed with him “mentally ill”.
We have heard from someone who was able to get Rep. Holt on the phone, who says she asked him if there is a way to register for the door prizes without buying a ticket for admission. Apparently Holt said he would get back to her, and hung up on her.
The charitable gaming office within the secretary of state’s office said they would look into it and get back to us, but when we followed up we were told all investigations are private until the investigations are closed, and that even whether or not there is an open investigation will not be disclosed to the public until after the investigation is closed.
Now you might be thinking – it’s just a raffle, who cares? And you’d have a point.
But the bigger point here is that laws exist for a reason, and laws that apply to the rest of us should apply equally to lawmakers themselves – otherwise we live in a two-tiered society, which is exactly the opposite of the “all men are created equal” principle.
Surely a “constitutional conservative” like Rep. Holt wouldn’t want to violate that bedrock principle just to give away an AR-15 and trigger some libs, would he?
As for the AR-15 itself, we’ll freely admit we find the idea of giving one away when they have been the source of so much heartbreak and misery feels irresponsible and heartless. We support the 2nd Amendment, but even Justice Scalia said it didn’t allow for “UNLIMITED” right to own and keep any weapon, anywhere, any time.
And even the maker of the AR-15  believed they shouldn’t be in civilian hands. The safety of our children should take precedence.

Instead of giving away AR-15’s at campaign fundraisers, it would be nice to see Holt working to make Tennessee a safer place, especially considering how unsafe a state we are when it comes to gun deaths, especially of women and children.
If you agree, or even just think laws should apply to lawmakers, Holler at Rep. Holt HERE – or on twitter HERE.

VIDEO: From the Front Lines of the UAW Strike In Spring Hill

“We appreciate the support. We’re in it for the long haul. We’re gonna fight the good fight.” ‬

‪Striking UAW Local 1853 workers in Spring Hill, TN say the middle class is disappearing, it’s the haves and have-nots… and GM wants to keep it that way.

Yesterday some were arrested on the picket lines for “disorderly conduct”, including UAW president Tim Stannard. They are out of jail, but the DA says he will be pressing charges.

Meanwhile GM has CUT OFF the health benefits of the striking workers, another reminder that health care should be a RIGHT in this country, not a privilege bestowed upon us by the wealthy who can dangle our lives in front of us.

Maury County Mayor Andy Ogles was out there saying he wants their health coverage restored, but it’s worth remembering Ogles was a leader of Americans for Prosperity, the Koch-backed organization that helped block Medicaid expansion in Tennessee, keeping 300,000 without coverage. Suddenly he cares about folks being able to see doctors?

#UnionStrong #StandWithUAW ‬

VIDEO: Tequila Johnson On Sec. Hargett’s Voter Reg Criminalization Bill

Federal court just BLOCKED Tennessee Secretary of State Tre Hargett’s “SCHEME” to criminalize voter registration after the Tennessee Black Voter Project registered 90,000. Tequila Johnson of The Equity Alliance tells us they were told to turn in every form, and she wasn’t allowed to testify.

“This was about holding onto power.”

Check out the full PODCAST INTERVIEW on ITUNES.

COLUMBIA STATE STUDENT: “Doesn’t Matter If Senator Roberts Was Joking About Higher Ed, His Words Matter”

Watch Columbia State student Grant Marsh respond to Senator Kerry Roberts, who called for higher education to be removed to “save America” in a rage last week in response to testimony he didn’t like at the Tennessee abortion ban hearings.

He has since told NBC News he was “joking”, but Marsh says that doesn’t matter – his words carry weight, and he also says Roberts is wrong, and invites him to spend the day with him to prove it.

BLOCKED! Sec. Hargett’s Voter Registration Criminalization Bill Blocked By Federal Court

Today a federal court has blocked the unprecedented Tennessee law passed this past session that restricts voter registration drives, subjecting people to unprecedented civil and even criminal penalties simply for turning in insufficient voter registration forms.

The bill was pushed through the Tennessee legislature by Secretary of State Tre Hargett after the Tennessee Black Voter Project registered over 90,000 people in 2018.

A judge had just struck down Hargett’s motion to dismiss the lawsuit filed by voter registration groups earlier this week, undressing the bill as a naked attempt to suppress the vote. READ OUR POST about that HERE, where we went into the back story of the ugly law. In that ruling, Judge Trauger echoed many of the criticisms levied against the bill when it was being debated in the legislature.

This was a big win for the voting rights groups.

Here’s the federal court’s opinion in its entirety. A win for democracy. Hopefully it will hold.

“[T]hat voting is the ‘political right . . . preservative of all rights,’ is not just a comforting aphorism; it reflects … that, in the American system of governance, every decision to grant, preserve, or take away a right can be traced … back to an election.”

VIDEO: Cherisse Scott Fires Back At Senator Kerry Roberts

“Absolutely it was racist… you want folks to stay ignorant so they won’t hold you accountable. It was not a joke.”‬

Cherisse Scott of SisterReach fires back at Sen. Kerry Roberts, who called for an end to higher ed after her #TNAbortionBan testimony.‬

She also said:

“You’ve been able to effectively train your people to believe I don’t care about myself, my baby, my community, and as long as you can keep that going there will never be an opportunity for white Tennesseans to believe they have something in common with black Tennesseans.”

Watch the CLIP below, and the FULL Facebook Live  INTERVIEW HERE.

The AUDIO is also available on our podcast – subscribe on Itunes HERE.

And below you can watch Cherisse read the full testimony she tried to give during the #TNAbortionBan Senate committee hearings before Senator Mike Bell cut her off. He let a man who said he “remembers being born” go on much longer.

FLASHBACK: Senator Pody Also Wondered If We Should Do Away With State-Backed Higher Ed

In the aftermath of his opposition to higher education becoming national news, Senator Kerry Roberts called his heated, triggered rant a “joke” and “hyperbole”… but here’s his pal Senator Mark Pody saying the same things DURING A DEBATE.

Sure seems to be what they actually believe. Why run from it?

Here’s the full video.

VIDEO: “HATE WILL NEVER WIN” – TIRRC Votes Day of Action On Immigration

Watch a group of immigrants in Nashville turn out to vote for immigrants running for office in Nashville.

Election Day is September 12th!

VIDEO: Senator Kerry Roberts Wants to “Get Rid” of Higher Education in America

In response to passionate abortion ban hearing testimony from Cherisse Scott of Sister Reach – a pro-reproductive freedom witness who called Republican legislators to account for failing to expand medicaid, raise the wage to a living wage, support public education, and other public policies that should be supported by anyone who is truly “pro-life” –  State Senator Kerry Roberts called for ending higher education in Tennessee on his radio show.

Presumably because that’s where Cherisse and others learn to support policy positions Roberts opposes. Yes, he lays abortion squarely at the feet of Tennessee’s colleges.

As a reminder, Cherisse was gaveled out and cut off by chairman Mike Bell, who allowed others to go much longer and finish their testimony, including anti-abortion advocate who says he “remembers being born”.

Watch and Share, and feel free to holler at Senator Roberts HERE.

 

MOTION DENIED: Lawsuit Against Sec. Tre Hargett’s Voter Registration Criminalization “SCHEME” Allowed to Proceed

A federal judge today said a lawsuit from the League of Women Voters, the American Muslim Advisory Council, Mid-South Peace and Justice Center, Rock the Vote, Memphis Central Labor Council, and Headcount challenging Secretary of State Tre Hargett’s new voter registration criminalization bill – which passed this past session despite outcries from protestors about the constitutionality – is allowed to proceed, striking down Hargett’s motion to dismiss the suit.

The bill came on the heels of the Tennessee Black Voter Project registering over 90,000 voters in 2018, a fact Hargett insisted had no bearing on his decision to push it through. A likely story.


U.S. District Judge Aleta Trauger expressed much skepticism of Hargett’s bill in the decision, essentially pointing to all the things those who spoke out against the bill warned about during discussion of the bill in the legislative session, including the chilling effect it would have on voter registration efforts.

As Judge Trauger says:

“Restricting voter registration drives in order to try to preserve election commission resources is like poisoning the soil in order to have an easier harvest.”

She wondered about some key elements of the bill, for instance why people who are getting paid to registered voters should be subject to requirements those working for free would not be subject to:

“The Act’s two-tiered system both lack justification in its own right and undermines any claim that its provisions are truly necessary.”

Judge Trauger also says there is “no basis for requiring registration workers and volunteers mandatory government training.”

She went on to talk about the punishments leveled by the bill against registration workers, saying that it “punishes a person for doing too much of something it requires them to do” by essentially requiring them to turn in forms even if they’re incomplete – something many, including Senator Jeff Yarbro, pointed out during committee.

Judge Trauger notes that the punishment for turning incomplete forms is not levied on a % basis, but on a total basis of over 100 incomplete forms, which means “the result is The Act holds an organization to an increasingly more onerous standard the more effective it is at recruiting new voters.”

Which is likely EXACTLY the intention of the bill.

The Bill also imposes an additional penalty in each county where the violation occurred, which Judge Trauger pointed out is especially onerous and flies in the face of the interest of the state in actually registering voters.

That assumes the state is actually trying to register MORE voters, but more and more it seems Tennessee is perfectly fine being at the very bottom in voter turnout and voter registration.

Judge Trauger then points out how vulnerable these voter registrations are financially, since they are not backed by large and wealthy institutions, and says that the grand total of the penalties amounts to them being “attacked from all sides.”

She calls it a “complex and punitive regulatory scheme”, instead suggesting public education rather than an “intrusive prophylactic scheme true bad actors would likely evade regardless.”

At the end, Judge Trauger uses the exact language used by opponents of the bill to allow the suit to continue, pointing out that it will have a “chilling effect” on voter registration – which we have heard from groups registering voters in Tennessee is happening already.

Here’s the ruling in its entirety