Boone County Clerk, and outspoken Tea Party activist, Kenny Brown passed away suddenly yesterday.

It did not take long for the jockeying to replace him to begin.

Vacancies in this position are filled by appointment of the County Judge-Executive, in this case long time Republican Judge Gary Moore. Moore and Brown were in different factions and know to verbally spar on occasion. So don’t expect someone currently in the clerk’s office to ascend to the position.

Rather, sources tell us that Senator John Schickel and Judge Moore have already had a conversation about the position.

If Schickel were to be appointed, it would significantly bump his pension, as the position would pay $100k annually.

One of the more interesting situations to watch during the 2019 session has been the actions (or lack thereof) of Representative Rocky Adkins, the House Minority Floor Leader and Democratic candidate for Governor.    Adkins has been, shall we say, very quiet.

As the minority floor leader, Adkins is generally limited to making speeches on substantive policy differences with the majority, filing amendments to create political heartburn, and simply working to derail or slow down the movement of legislation.  Adkins has done none of that.

ITC has observed the split among House Democrats in whom they support for Governor.   While Adkins does have support from a majority of Democrat House members, it appears that Andy Beshear does have some noticeable support, while Adam Edelen appears to have very little.     One would think Adkins would use his position to be more visible, more vocal, more active on the House floor on a daily basis.    He has not, and that is puzzling.

Is he afraid of misstepping?   If so, he is not Governor material.    Is he afraid of taking a bad vote?   It so, he voted against a pro-life bill recently but hails himself as a “pro-life” candidate.    Is the campaign just wearing on him?   That seems to be the most plausible explanation.    Whatever it is, ITC believes Leader Adkins has missed some real opportunities to increase his stature, get earned media, and help his chances to win the Democratic primary for Governor.    That is unfortunate.

The special election to fill the vacant 31st Senate seat took place yesterday.  Final results show Republican attorney, Charles Phillip Wheeler, as the victor.

Wheeler is from Pike County and the grandson of former Republican State Representative Charles Wheeler from Ashland.  Perhaps most interesting, he is an attorney for the Kirk Law firm of Painstville, where he is partners with Democrat State Representative Ashley Tackett Lafferty.

The race between Wheeler and Democrat nominee Darrell Pugh was ho-hum at best.  Our sources in Eastern Kentucky say that no one was really paying a lot of attention to the race, which is confirmed by the fact that there was 13% voter turnout.

Both parties tried to make the race about issues bigger than the district.  Pugh attempted to tie Wheeler to Bevin, while Wheeler attempted to tie Pugh to Pelosi and Schumer.  On the positive side, Wheeler touted his support for Donald Trump, while Pugh embraced the former living governors (and we expect that Julian Carroll appreciated that embrace.)

So what can be determined from this race?  Bevin supporters are stating that it was a victory for him.  But was it?  In the 2018 legislative races, Democrats tried to tie all Republicans to Bevin, however they still kept super majorities in each chamber.  Yet, Bevin polled at ridiculously low levels both before and after the November elections.

We would submit the two overriding factors in this race having nothing to do with elected officials from either party.  Rather, we believe that the first primary factor was what it usually is: money.  At last report, Wheeler had raised over $100k, while Pugh was in the $40k range. Additionally, it’s widely known that KDP and Senate Democrats are hurting for money, while the Republicans are not.  We expect that the final information will show that Wheeler and allies outspent Pugh and his allies by at least 3-1.

Secondly, we believe this is just further evidence of the reddening of Eastern Kentucky.  Remember, in 2016, Donald Trump carried this Senate district with over 80% of the vote.  Republicans have made also made strides towards winning local offices in several of  the counties in this district, as well as Eastern Kentucky as a whole.  The days of Democrat dominance in Eastern Kentucky are in the past.  We predict that every seat in the legislature in the region will be competitive in 2020.

ITC couldn’t help but chuckle Monday afternoon while watching the House Elections and Constitutional Amendments committee meeting.

The Committee was considering SB 34, sponsored by Senate Majority Floor Leader Damon Thayer (R-Georgetown) a/k/a little Napoleon among many circles.   SB 34 basically removes the Secretary of State from the State Board of Elections.   Thayer, in his presentation, said the bill was aimed at current Secretary of State Allison Lundergan Grimes.  Grimes has been the subject of recent media reports, including an extensive expose’ from the Lexington Herald-Leader and Pro Publica, outlining alleged improprieties in her office.    The bill has merit, although some legitimate issues and concerns were raised about the bill and its effect, especially from Mary Sue Helm, a widely respected and well known employee in the Secretary of State’s office for more than 40 years.

What was interesting was the reaction of Leader Thayer when the bill was voted down in committee.    Two Republicans, Rep. Jeff Hoover and Rep. Scott Lewis, voted no on the bill.   Hoover explained his concern with what he viewed  as “petty politics” being the foundation of any policy, and expressed his respect for Helm.   When the bill failed to pass, Leader Thayer began speaking loudly to the committee, saying the “bill was on their hands” and there was a gubernatorial election coming up, etc etc.   Thayer had to be shut down by committee Chairman Kevin Bratcher.

ITC talked with Hoover and Lewis after the meeting.   Both of them said they were not contacted prior to the meeting by Thayer to solicit their support and vote.   Thayer’s outburst was predictable.   Just last week, when the House Judiciary committee did not pass SB 85, sponsored by Senator Whitney Westerfield, Thayer reportedly called members of House leadership and was irate that the bill failed in committee.    Sources say Thayer was very angry, yelling at House leaders when SB 85.    He was starting on that same path yesterday before Chairman Bratcher quickly put an end to it.

ITC recognizes it is Frankfort.   But the observation must be made.. when a sponsor does not work a bill, does not talk with legislators to seek their support, but thinks the bill must pass just because of “who he is”, and further believes there should be blind loyalty to him just because of “who he is”,  it is probably time for a new leader, or a new sponsor of the bill.

Last week saw movement on several bills. Let’s examine!

Winners:

• NRA – The NRA was the big winner of the week. Their purchasing lobbying efforts were successful in getting the constitutional carry bill passed.

• Julie Raque Adams – Adams has had a successful session so far. Elected to leadership and has so far passed seven bills unanimously, with another two having only nominal opposition. Her star just keeps on rising.

• Max Wise & Bam Carney – The Taylor County tag team had a strong week by passing the school safety bill. Yes, it was something everyone had to support, but these two did a good job with the legislation and presenting it.

Losers:

• 120 Strong – Advocating for teachers to strike over a bill that does not do anything but change a board membership does not win you friends. Parents in those counties had to scramble to find childcare at the last second.

• Ken Upchurch – Antagonizing KEA and 120 Strong does not win you friends either.

• Joe Graviss – Graviss seems genuinely interested in each bill. But prep work before the committee would be a good idea. No need to grill every presenter when you could have reached out to some of them prior.

With 120 Kentucky calling for a “sick out” and several large school districts across the state dismissing so their employees can go protest, we expect Frankfort to be a bit busy today.

The teachers (or at least the activist teachers) are in town to protest House Bill 525, sponsored by Ken Upchurch, which would reduce the amount of influence the KEA has on the retirement system board and opens up the process to members of the system who are not members of KEA.

While ITC anxiously awaits both the explanation of why to do this and the explanation of why it is being opposed, we would like to offer a bit of friendly advice.

First, Upchurch and the House Republicans would have been well served to start talking about this bill weeks ago and let people know the intent.  Filing a bill at the last second and rushing through the process gives an air of being nefarious, even if it is not.  For a party that preaches transparency, it would behoove them to practice it also.

Secondly, and this is more pointed advice to Blake Brickman: Lock your boss in a room with no phones or computers today.  Stay off the Twitter, Facebook live or call-in radio shows.  You’re welcome.

Ever since David Byerman was dismissed as LRC Director, the chiefs of staffs for the Senate President and Speaker of the House have been jointly serving in that capacity.

Non-partisan staff of the LRC have begun to privately wonder if that arrangement is not temporary. Sources tell ITC that LRC staff is concerned that there has been no movement towards starting the process of finding a new person to fill the non-partisan position.

However, other sources have told ITC that the decision has already been made and will be announced soon after the legislature adjourns next month.

We are told there is a current legislator who has expressed interest in the position, however the decision was made to continue with the temporary arrangement rather than have a special election during session.

With only 10 days to go, we should know the answer shortly.

ITC says kudos to Congressman Thomas Massie.    Massie voted Tuesday along with House Democrats in support of a resolution to block President Trump’s declaration of a “national emergency” along the southern border.

House Democrats have said the President’s declaration is unconstitutional.   Trump declared a national emergency recently when Congress passed a funding bill that did not include $5.7 billion for construction of a wall along the U.S.-Mexico border.   Under declaration of a national emergency, Trump can transfer funds to free up billions of dollars to pay for the wall.

ITC rarely agrees with Massie.   Massie has often been viewed, and correctly so, as a maverick, a loner, not a team player, and to some degree, an ineffective outcast.   He has been in the past a member of the so-called Freedom Caucus and was one of a very few to vote against John Boehner as Speaker, which eventually forced Boehner to resign.   Then, he did not support Paul Ryan when Republicans elected Ryan as their new Speaker.   However, Massie was right on this vote.  A presidential declaration of “national emergency” when a President does not get his way, or simply to bypass Congress, is just wrong, not only in the current instance, but for future precedent.

Majority Leader Mitch McConnell has already agreed to support the “national emergency” declaration of Trump.   It appeared McConnell’s support was necessary to avoid another federal government shutdown as we witnessed recently.   ITC believes the declaration of a national emergency is wrong constitutionally, is wrong for separation of powers and balance of power between the executive and legislative branches of government, and yes, does set a bad precedent.

So, kudos to Rep. Massie.   Now, when a Democratic president uses the same power in the future (and you can bet your sweet petunia they will) for an issue of which Republicans oppose, only Representative Massie will have the credibility to be critical and stand in opposition.

Winners:

• Ryan Quarles – The Commissioner of Agriculture, who is virtually unopposed, hosted his annual Serving Up Solutions dinner this past week.  The event raises money for food banks across the state.  It was a bipartisan affair and truly a good cause.  We commend Quarles for the program and hope he continues it.
• Kelly (Guilfoil Moross Knight) Craft – It’s not every day that you get nominated by the president to a cabinet level position.
• Joe Craft – It’s not every day that you are able to buy your former side piece a cabinet level position.

Losers:

• Damon Thayer – Thayer’s rant against Attorney General Andy Beshear at last week’s Senate State and Local Government committee meeting was unprofessional, to say the least.  Even if he was right and Beshear was showboating for his campaign, there were better ways to call him out on it.
• Andy Beshear – Beshear asked his primary opponents to sign a pledge not to run any negative ads during the campaign.  What he thought would come off as well-intentioned really just makes him look scared.  Sack up and run a race, Andy.  If you can’t get through a bloody primary, you don’t deserve the honor of facing off against Bevin.
• Kentucky’s School Districts – With a statewide outbreak of the flu and strep throat, many schools were already having to close.  Now with flooding, many others are having to do the same.  We expect someone to approach the General Assembly to have days forgiven soon.  With the bad blood between teachers and legislators from last year’s pension debacle, we don’t envy the districts having to make that request.

On Thursday, the House of Representatives passed a measure that was initially intended to close some loopholes and unintended consequences as a result of last year’s hastily passed “revenue bill”, which was passed at the end of the legislative session.

However, House Bill 268 was sponsored by Rep. Steven Rudy, chairperson of the House Appropriations and Revenue committee, did much more than address “fixing” or “closing” loopholes. Most notably, the bill opened up the current state budget and appropriated money for various projects. In an odd year session, legislators can only “open” the budget and appropriate money with minimum of 60 votes. The bill passed 93-6.

Included in HB 268 was the authority for the state to generate $50 million for “improvements” at state parks around the state. This was a very recent request made by Governor Matt Bevin’s administration and the money is to come from the so-called Rainy Day Fund or the Budget Reserve Trust Fund. The question has to be asked…why now? Why make the request now when no such request has been made in the past three years?

The state parks where the improvements are to be made were not listed in the bill. The failure to identify which parks would receive what assistance or improvements prompted former House Speaker Jeff Hoover to remind his colleagues of what happened in 2006. Hoover noted that in the 2006 budget, House and Senate budget conferees agreed to spend $60 million in improvements, maintenance and new construction at certain state parks. Hoover noted that although the specific expenditures were not included in the 2006 budget, members of the legislature were shown a list and had an understanding where the money was going at that time. However, instead of the money going to the state parks, former Governor Ernie Fletcher took the appropriated money and used it at the Kentucky Horse Park. Citing this, the former Speaker said on Thursday he believed the parks slated to receive improvements or projects should be specified in the budget. ITC was shocked then when Hoover, after voicing this concern, still voted in support of the bill.

What does the passage of HB 268 really say? House and Senate leaders have said school safety is their top priority for the 2019 session, and well it should be. However, they have also said there would be no funding this year for the school safety measures which are part of Senate Bill 1, but that funding would hopefully come in next year’s budget session.

So, all of this begs the question…why would the legislature authorize the expenditure of funds in the 2019 non budget session for improvements and maintenance at state parks, but they will not authorize use of the same funds to implement their top priority…school safety? Well, the answer is simple…just wait until this spring and summer and early fall when Governor Bevin travels across Kentucky, makes appearances at various state parks, and announces “funding for improvements and maintenance” at those parks. All prior to the November General Election. Now it all makes sense….re-election is really the top priority.