The week in politics: Can an ex-lawmaker use campaign cash to fight federal charges?

Can former state Sen. Brian Kelsey use leftover campaign funds to fight a federal conviction of misusing campaign funds?

No, according to the Tennessee Registry of Election Finance.

Kelsey last year transferred nearly $200,000 from his reelection account to the Red State PAC, of which Kelsey is a board member. Three months later, the PAC's chair requested an advisory opinion on if it could legally pay for Kelsey's ongoing legal defense or reimburse him for defense costs. The chair argued the federal criminal investigation into Kelsey's dealings partially involved the PAC, so it should be allowed to front some of his legal costs.

Kelsey has spent more than $422,000 on his legal defense, according to registry documents.

The registry disagreed, finding that nearly all but $1,500 of the PAC's current assets came from Kelsey, marking an effort to use the PAC as a conduit for personal use, which is prohibited under state law.

Kelsey pleaded guilty two years ago to campaign finance fraud related to his use of PACs to funnel money from his state campaign account to benefit a failed congressional bid. The former state lawmaker then tried to back out of his guilty plea, but a federal judge refused to allow him and sentenced him to 21 months in federal prison.

The judge did allow Kelsey to delay his prison sentence he while appeals the decision.

Officials condemn 'tyrannical federal government' on Texas border fight

Tennessee Gov. Bill Lee and several state lawmakers shared support for Texas Gov. Greg Abbott on Thursday, after Abbot accused the Biden administration of breaking the compact with states. Abbott's letter followed a U.S. Supreme Court ruling Monday that allowed federal Border Patrol agents to remove razor wire installed by Texas on the U.S. Mexico border. Abbott declared an "invasion" at the border late last year.

"The federal government’s failure to secure our nation’s southern border is jeopardizing the safety of all Americans," Lee wrote in a social media post on Thursday morning. "Tennessee has always stood with Texas, and we always will."

House Republican Caucus Chair Jeremy Faison, R-Cosby, honored Abbott's decision on the House floor, calling the situation a "battle of federalism."

"The Biden administration has continuously failed to protect our country from an overflow of fentanyl, crime, and 6 million immigrants for the last three years," Faison said. "Now, Gov. Greg Abbott is going to go toe-to-toe with the federal government because Texas can no longer afford to stand down and watch this invasion happen. Here in Tennessee, we stand with the Republic of Texas against a tyrannical federal government."

No ESA expansion bill — yet

Two months after Lee held a news conference to announce a statewide school voucher expansion legislation for the expansion had yet to be filed as of Thursday morning. The state's current program, also known as Education Savings Accounts, allows students in Shelby, Davidson and Hamilton to take public dollars to pay for private school.

Lee's office has continually declined to offer specifics on the proposal as lawmakers likely hash out details behind the scenes, but the bill must be filed by Jan. 31.

"That is one of the signature pieces of Gov. Lee's legislative agenda this year. It's just going be filed a little closer to the State of the State (address,)" House Majority Leader William Lamberth, R-Portland, said Thursday. Lamberth cautioned the legislation will evolve beyond the first draft over the session.

"We'll file something that gets kind of the skeletal structure out there, and then we'll build upon that foundation as we go through the committee process," Lamberth said. "I don't anticipate what we will be filing will by any means be the final product. It will continue to be at work as we go through the committee. process."

$3.01M bulletproof film to be installed at state Capitol

Lawmakers approved a $3.01 million contract earlier this month for installation of bullet and riot-resistant film to be installed on windows at a number of state buildings downtown, including the state Capitol.

The 36-month noncompetitive state contract, first reported by the Tennessee Journal, is with Safe Haven Defense, which the Department of General Services determined to be the only vendor that uses third-party lab analysis for ballistic resistant products.

"Social unrest, escalating and increasingly widespread gun violence compel the need for increased security in State-owned buildings," contract documentation states.

Senate Minority Caucus Chair London Lamar, D-Memphis, called the contract "a waste of taxpayer dollars."

“It actually sounds like they spend more money on keeping themselves safe than actual Tennesseans with that," Lamar said Thursday. "You can use that $3.01 million to fund conflict resolution programs in our schools. ... We have a building full of troopers, security, we are safe. They can carry guns right now in the Capitol Building ― in these halls ― and now we need ballistic film?"

DCS chief takes fire for discriminatory remarks

Department of Children’s Services Commissioner Margie Quin came under fire this week for discriminatory comments on the basis of sex and veteran status.

A state human resources investigation that included interviews with five DCS employees as witnesses, written complaints, and emails concluded that Quin had made derogatory remarks that violated the state’s Workplace Discrimination and Harassment Policy. The matter was referred to the governor’s office for review in November.

According to the investigation report, first reported by WKRN, one employee heard Quin say that she “didn’t think military personnel should get lifetime benefits and law enforcement should.” During the investigation, Quin admitted to making statements such as, “I don’t quip with veterans getting what they get but I sure wish police were treated just as well. … I served for 26 years and I don’t get squat.”

Lee appointed Quin to lead DCS from the Tennessee Bureau of Investigations, where she had worked for 20 years.

The governor told reporters on Friday that he was aware of the inquiry about the commissioner, but defended Quin's leadership of the department.

"What's happened at DCS since she's gotten there has been significant improvement. We've seen a lot of things change for the good, and we'll continue to see that because her leadership has been strong," Lee said during a news conference in Lebanon. "Whenever there's an issue or a question or a concern about Commissioner Quin any commissioner, we obviously take them seriously."

House Minority Leader Karen Camper, D-Memphis, and Rep. Ronnie Glynn, D-Clarksville — both veterans — said that Quin had visited their offices to apologize for her comments.

“It was offensive to veterans. It was offensive to all those who served,” Glynn told reporters Thursday.

“She was genuinely apologizing for her comments – but we have to be careful what we say,” Camper said. “Just because there’s a thought in your mind doesn't mean you’ve got to say it. I think she hurt a lot of people’s feelings.”

Quin also made a public apology.

“At DCS, I strive to foster an inclusive environment where all employees are respected and valued,” Quin said in a statement The Tennessean and other media. “I know that isolated comments I’ve made in the past may have unintentionally fallen short of my expected high standards. I deeply regret them, take responsibility for them, and promise to do better.”

Clemmons asks for legal basis for franchise tax changes

Democrats are questioning the need for tax relief for Tennessee businesses, as Lee has said he plans to back legislation to change the way the state franchise tax is calculated to give businesses a tax break.

Lee has said that he intends to propose changes to the tax calculation based on advice from tax policy experts in Attorney General Jonathan Skrmetti’s office and others in the Department of Revenue, who have expressed concerns to the governor over legal risks to the state if the law remains as-is.

"We know that there is a risk because what the law has been deemed by the tax experts as needing a change," Lee told reporters Friday. "There's no lawsuit at this point. ... Going forward, I mean, I can't speak to whether or not there would be or if there's a legal risk."

House Democratic Caucus Chair John Ray Clemmons, D-Nashville, wrote to Lee, Skrmetti, Finance and Administration Commissioner Jim Bryson, and Revenue Commissioner David Gerragano requesting documentation of the necessity of proposed changes to the franchise tax.

“The governor publicly referenced the legal opinions of the Attorney General’s office, governor’s counsel and the opinions of others as his reasons for an upcoming legislative proposal,” Clemmons wrote. “Given the anticipated significant impact on our state’s revenue collections and the importance of this matter, my caucus members and I should enjoy the benefit of any and all relevant information on this important topic.”

Clemmons said the state's priority should be to improve the quality of life for Tennessee families ― that's what his caucus plans to work toward this year. House Democrats have filed legislation to eliminate the state's 4% grocery tax.

Bipartisan support for updating aggravated prostitution law

Tennessee is the only state in the nation that requires people who have HIV and are convicted of a prostitution charge to register as violent sex offenders due to a 1990s-era law that Sen. Page Walley, R-Savannah, hopes to correct with new legislation.

Senate Bill 0181 would delete the offense of "aggravated prostitution" from state code and offer a pathway for dozens of women currently on the sex offender registry to apply for expungement, Walley told the Senate Judiciary Committee. The committee advanced the bill.

Walley, a longtime lawmaker, said he voted to establish the aggravated prostitution charge in 1991. Walley said he brought the bill after discussions with sex trafficking survivor advocates, who say the sex offender registration requirement can label women in recovery as pedophiles as they try to rebuild their lives.

"I think we have learned quite a bit over the last 30 years since I voted to implement the aggravated prostitution law," Walley said. "HIV is no longer the death sentence that it was in '91. No one wants it, it's certainly permanent, but this gives us a chance to be just. Which I think we all want to do for our people."

A group of advocacy organizations sued over the law last fall, shortly before the U.S. Department of Justice issued a separate finding that the Tennessee Bureau of Investigation and Shelby County District Attorney's Office violated the Americans with Disabilities Act by enforcing the law. The DOJ said 74% of the people on the registry for aggravated prostitution were from Shelby County, per a Commercial Appeal report.

Red flag law preemption

Republican lawmakers last year effectively blocked Lee's proposal to establish an extreme risk protection order, a form of a red flag law to temporarily prevent people from owning firearms if they've proven to be a risk to themselves or others. The governor repeatedly declined to use the red flag term, saying his proposal was different than those in other states.

This year, a group of House Republicans want to take it a step further and preempt any county, city or other municipality from establishing a version of an extreme risk order. The bill, HB 2035, also seeks to declare any federal statute, rule or executive order as "null, void, unenforceable, and of no effect in this state." If a law enforcement officer tried to enforce a related federal law, the officer would be charged with a crime.

The bill also would prevent the state or a local entity from accepting grant money used to implement an extreme risk order. An extreme risk bill passed with some bipartisan support in the U.S. House of Representatives in 2022, but the effort failed to gain traction in the Senate.

Rep. Jody Barrett, R-Dickson, filed the bill, which does not yet have a Senate sponsor.

Lawmakers seek new state guardrails on social media platforms

State lawmakers are proposing several new guardrails for social media platforms operating in Tennessee, including an age verification and parental control policy, and state oversight mechanisms.

House Bill 682, sponsored by Rep. Dennis Powers, R-Jacksboro, would require social media companies to ask the Tennessee Public Utilities Commission for certificates of public convenience and necessity in order to operate. It would also permit the state fine platforms that “deplatform or shadow ban users based on political ideology, viewpoint, personal animus, or discrimination.” Sen. Bo Watson, R-Hixson, is sponsoring in the Senate.

Lamberth, the House Majority leader, is proposing the “Protecting Children from Social Media Act.” The bill would require social media platforms to verify users’ ages, and require parental consent for minors who seek to set up accounts. Existing minor account holders would have 14 days from attempting to access their accounts to verify their age and parental consent.

House Bill 1891 would also require social media companies to include parent supervision settings, including privacy settings, time restrictions, and break times. Companies that don’t comply would be subject to an attorney general investigation and legal action by the state.

Gov. Lee to deliver State of the State address Feb. 5

Lee will deliver his sixth State of the State address on Monday, Feb. 5 at 6 p.m. CST in the House Chamber of the Tennessee Capitol.

“Tennessee is continuing to lead the nation as a beacon of opportunity, security and freedom,” Lee said in a statement. “Every Tennessean has an important role to play as we strengthen and secure our state’s future, and in the coming year, I look forward to working with the General Assembly to accomplish our legislative priorities and make life better for all.”

Catch up on the week

Tennessee Republican files 'abortion trafficking' bill for pregnant minors

Tennessee Democrats call for ed commissioner to resign over lack of 'legal qualifications'

Frank Buck, a longtime Tennessee lawmaker and champion of ethics reform, dies at 80

Community organizer Luis Mata announces bid for state House in Rutherford County

Tennessee bill to allow death penalty for child rape in passes first legislative hurdle

TN elections official: Before regaining right to vote, felons must be able to own a gun

Top Tennessee House GOP leader on voting rights change: 'Don't commit a felony'

Got a question for us?

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This article originally appeared on Nashville Tennessean: Tennessee politics: Can Brian Kelsey use PAC money to fight the feds?