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Anti-TSPLOST Group Starts Legal Inquiry Against Secretary of State

Kemp has no legal authority to add promotional language to Georgia ballot, says the Transportation Leadership Coalition.

More people are stepping up to challenge language of the TSPLOST ballot question preamble, and this time the challenge may come as a lawsuit.

The Transportation Leadership Coalition (TLC) took the first formal step towards challenging Georgia Secretary of State Brian Kemp for adding promotional language to the official state ballot to promote passage of Referendum 1 or the Transportation Investment Act.

Referendum 1, commonly called TSPLOST, is an $18 billion transportation program funded by a 1 percent sales and use tax that is subject to voter approval in the July 31, 2012 primary election.

“We are disappointed that our elected officials would act in such a corrupt manner,” said TLC Chairman Jack Staver in a release. “Our leaders know this proposed tax can’t stand on its own merits. So they have resorted to back room trickery, deceit, and misleading the people of Atlanta and Georgia.”

On behalf of TLC, Atlanta attorney Pitts Carr is questioning "political interference" on the upcoming ballot. Carr is a founding partner of the nationally recognized firm Pitts & Carr and served Georgia as a special assistant attorney general in the challenge to the constitutionality of individual mandate within the Patient Protection and Affordability Act.

TLC questions the legality of promotional language on the upcoming July 31 ballot. The anti-TSPLOST group believes it was added to encourage the passage of TSPLOST.

See the attached PDF for the formal letter of inquiry.

"The Secretary of State took responsibility for the language and the unprecedented act of modifying the ballot with no apparent legal authority," states a press release by the group.

Carr's formal inquiry directs Kemp to cite the legal authority for adding the preamble language: “Provides for local transportation projects to create jobs and reduce traffic congestion with citizen oversight.”

Carr’s letter, in part, reads:

“Secretary of State Kemp concluded that the preamble “is referenced in the original legislation.” Nowhere does that language appear in O.C.G.A. 48-8-240 et seq. To the contrary, the ballot language was specifically directed by the legislature as noted above.”

And further:

“Mr. Russo [general counsel for Secretary of State Kemp] at least appeared to be of the opinion that this was a constitutional amendment which, of course, it is not. He concluded, without citation, “all other questions placed on the ballot include a preamble.”

Ten days ago, TLC issued a public call for Gov. Nathan Deal to intervene and protect the integrity of the ballot. Deal, one of the biggest supporters of the Referendum 1 tax increase, has not responded to these requests.

The Secretary of State's office has been contacted by Patch. Check back for updates to this issue.

Should the preamble language be removed before the July 31 election? What do you think about the language? Speak out in the comments below.

Joe_Harris July 05, 2012 at 03:11 PM
This is why it is important that people get informed before they go out to make a vote about the referendum. The passage of this referendum is key to ensuring that our roads are maintained and that we have more mobility options.
electric123 November 10, 2012 at 06:38 AM
Any kind of SPLOST I am against, Cobb county really ruined the general public on that debacle of many years of mismanaging money in their care, AX THE TAX

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