Is Crafton out of touch? Reminder about the Davidson Co Juvenline Court Clerk race

July 16 is the first day of early voting in State Primary, but it also happens to be the first day of voting in the County General. In one of the most hotly contested races David Smith and Eric Crafton are vying for Davidson County Juvenile Court Clerk.

Normally we wouldn't draw much attention to a race like this since the work of the Juvenile Court Clerk doesn't have a direct impact on policy related to the equality issues our community cares about. However, it's worth raising the question of whether Davidson County voters should reward someone who has consistently shown himself out of touch with our values with another election win.

Judge for yourself.

*As a Metro Councilman, Eric Crafton voted against the 2009 Metro non-discrimination ordinance on first reading, second reading, and third reading. He wasn't content with quiet opposition. He spoke on the floor against the measure.

*He also led the effort to pass English Only in Metro, an effort that failed by a wide margin in January 2009 and was opposed by TEP.

Has he changed his views after these losses? The evidence is coming in. Earlier this year TEP asked the Council to seek a legal opinion on whether the Metro Human Relations Commission can gather statistics on discrimination in the private sector based on gender identity and provide educational programming on such discrimination. The legal opinion indicated that the Human Relations Commission could, in fact, do so.

*Last month, Councilman Crafton along with five other Council Members wrote a letter (linked at the Tennessean's politics blog) to the Human Relations Commission urging them not to use their authority to document such gender identity discrimination. Not only did they try to oppose the Commission's authority, but they also involved the socially conservative Alliance Defense Fund.

Make sure to know the facts before you vote. You'll have that opportunity July 16-31 during early voting and on August 5, which is Election Day.

-Chris Sanders

The One-Two Punch--Proposed amendments fail

With 162 of 173 precincts reporting, ballot measures one and two have been defeated by large margins.

Well done, Nashville for All of Us! It's been a great experience playing a very small role in this coalition.

But a special thanks should go to Mayor Karl Dean. He put it on the line. He spoke at the Council meeting when the members passed at-large Councilman Ronnie Steine's resolution against English Only. But he continued to use his political capital to fight one and two. That's what moral leadership looks like. At a time when many of us thought the measures would pass, he didn't back away.

The issues of schools, crime, and the budget are still there waiting for you tomorrow, Mr. Mayor. But I hope you celebrate tonight.

Early congratulations to Nashville for All of Us

Turnout for the special election on English Only today was reported to be steady on WSMV's Noon newscast and that fits with what I saw at a couple of polling places this morning.

As others have pointed out, English Only has a good chance of passing. Sunny weather today means the turnout will be heavier than I would have thought for January. WSMV reports that about 13,400 voted early. The Division of Elections office says there are 326,611 active voters and 378,899 registered voters in Davidson County. So 4.1 percent of active voters and 3.5 percent of registered voters have participated so far.

Regardless of the result, I think the Nashville for All of Us organizers deserve thanks and congratulations. The recruiting of coalition members, the commercials, the lining up of civic leaders, the fundraising, and the use of social networking media have all helped turn out their targeted voters. Their efforts have taken the media advantage away from Eric Crafton. I'll be honest in saying that I had serious doubts last fall about whether that would happen.

I have received dozens of emails from friends about early voting. They were sending messages to their entire contact lists. Lots of people with no formal role in the campaign did little things like that along the way. That is certainly the mark of a successful campaign.

Now we wait for the results.

Post-Prop 8 tactic maps the future of pressuring the opposition

This map allows you to click on little balloons each of which represents a financial supporter of California's Proposition 8. They're calling it a mash-up of Google maps and the Prop 8 donor list. It's got a lot of the donors nervous because they're worried about being subjected to boycotts and the like.

I wonder whether something like it will be coming to Nashville after the English Only matter is settled. Reading this Tennessean story, I think it's possible:

Fearful of the same backlash that followed California’s Proposition 8 vote, supporters of Metro Nashville’s English-only plan not to disclose campaign financing before the Jan. 22 special election, Metro Councilman Eric Crafton said.

English Only in the New York Times

Well, here it is. At least readers around the world will see that much of our city's leadership is opposed to English Only.

Council Member Barry says to join her against 1 & 2

Here's the email.

18th District candidates united in opposition to English Only

Mr. Kleinheider posts John Ray Clemmons's press release opposing English Only. Clemmons notes he is campaigning against the amdendments and making contributions to the effort to defeat them. It's an impressive statement.

Candidate Kristine Lalonde is listed as one of the individuals at the Nashville for All of Us website opposed to the amendments. She is the only candidate listed at the site. She was also one of the early supporters listed on the Facebook pages devoted to the effort.

And a Facebook update this evening indicates that David Glasgow is attending an event to raise funds to fight the amendments. Prior to the first day of early voting Glasgow had sent out an email to friends urging them to vote last Friday and attend the Kitchen Cabinet event at 3rd and Lindsley that evening.

Good to see that they're all on the same page on this issue. Given the progressive reputation of the District, turnout in the 18th will be important in securing the margin necessary to defeat these ballot measures.

Mayor helping get out the vote on English Only

You can find his email here.

I am strongly against these charter amendments and I want you to join me in voting against English Only and Amendment No. 2.

While I do not question the intentions of the proponents of this initiative, I feel a responsibility as mayor to explain the implications such a radical change in our law could have for our city.

First, let me explain what the English Only amendment is not. It is not a vote on immigration reform and it is not a harmless message to office holders. The proposed charter amendment will have absolutely no effect upon efforts to curtail illegal immigration or to reform current national policy. Rather than permitting voters to send a message to the government, the referendum alters our charter in a way that will create legal, political, social and even moral consequences for years to come.

To me, it is the antithesis of hospitality and an unnecessary drain on taxpayer resources. The issue is divisive and will distract us from doing those things that will help us realize our potential as not just a great American city, but a great international city.

Party tonight, recover tomorrow, and vote no the day after

Sorry if it seems like I'm filling up your calendar. But I think they're 3 pretty good priorities--party, recover, vote. Get out and have fun tonight, but before you drink too much, tell your friends that you're going to get to the polls on Friday (if you live in Nashville) and vote no on English Only. Tell them in Russian or Chinese or Gaelic if you know how.

And then go do it. You can find early voting information here. And, gosh, everybody's doing it so you'll be with friends.

TEP urges Metro Nashville to vote No on English-only ballot measure

In our regular meeting today, the board of the Tennessee Equality Project voted to urge our members and other citizens in Metro Nashville to vote No on the English-only ballot measure in January.

If passed, English-only would contradict the hospitality and welcoming nature of our city. It would also negatively affect members of the GLBT community whose first language is not English.

We are pleased to join the Nashville for All of Us coalition.

Nashville For All of Us out of the gate

Well, the movement to defeat Eric Crafton's English-only ballot measure has a name. Nashville For All of Us--it's got a kind of "Shiny, Happy People" feel to it, but it sends the right message. It's good to see that the serious questions about strategy have begun to be addressed, too. There seems to be discussion about the merits of a full-scale public campaign with yard signs, etc. vs. a targeted get-out-the-vote effort. Metro Councilman Ronnie Steine favors the latter.

"I think you have a real campaign," Steine said. "But I don't know if you have all of those elements. If you believe, as I do, that on Jan. 22 you won't have a very large number of people going to the polls, you don't need a massive countywide public relations campaign. You need to identify those people that will go to vote, and then get them to go vote."

The coalition of business people, clergy, and activists is looking to hire a campaign manager and has already filed with the Davidson County Election Commission.

This is one of the first media stories I've seen that didn't make Crafton the focus. Given the polling that shows the issue is close, more coverage like this, and a good campaign, there is a real chance the measure will be defeated in January.

Too close to call is a good place to start...

...with English Only, that is. The Tennessean's poll of 200 voters (not as big of a sample as I would have liked) indicates there is a slightly larger group of voters who oppose the English only ballot measure than support it. The margin of error is plus or minus 6 points.

I have to admit that I'm surprised. I figured the opponents would be way behind. The numbers should give encouragement to the groups that I have heard are mobilizing to fight the initiative. I can see a realistic fundraising case being made to support the Vote No campaign, even though many will be tapped out because of the economy and contributions for the November elections. People like to support a winner and it's clear that there is a chance the Vote No forces can win in January.

An unpredictable January vote

The City Paper is reporting that Councilman Eric Crafton's English only measure may be on the ballot on January 22 next year. But what will the turnout be like? The last time we had a January election in Nashville was January 19, 1988 with a 30.58 percent turnout. Granted, it involved a Congressional race, but that is a far greater turnout than I would have expected. No surprise, but January is Nashville's coldest month with an average temperature of 36.2 degrees. More significantly, there are 21 days below freezing. Additionally, it's 2 days after Inauguration Day.

If Nashville voters are politicked out and there's ice on the roads, I can't see turnout above 15 percent. Then it becomes a question of who can turn out the activists. In that scenario, Crafton has the advantage because of his existing list of petition signers.

12,500 jump to the defense of English

Tomorrow Councilman Eric Crafton will turn in his petition with about 12,500 signatures from Davidson County voters, according to the Tennessean.

It's another story of the success of his campaign. Apart from discussing the Council resolution, the piece doesn't really reveal anything about the opposition.

The lawsuit question was raised in the article, but it was presented inconclusively:

Crafton and other supporters of the English-only measure have said that it would encourage those who do not speak English to learn the language and would protect Metro from potential litigation brought by individuals who believe they can demand translation services.

Jim Boulet Jr., executive director of the Springfield-Va.-based English First said he is not aware of any such lawsuits. A Kansas Catholic school has been sued because it banned, in most instances, the use of foreign languages at the school.

Perhaps a lawsuit will prevail after this is all over. But those opposing the measure should become visible immediately after it qualifies for the ballot and start spoiling all the "earned media" Crafton has received.

Steine Resolution passes 25 to 8

Councilman Ronnie Steine's resolution requesting voters not sign the English-only petition and not vote for the ballot measure passed 25 to 8, but not before a little procedural drama. Councilman Foster, while disliking the language of Councilman Crafton's ballot measure, dislikes even more telling voters how to vote. So he not only spoke against the Steine resolution, but he moved to defer it. Steine countered with a tabling motion, which handily disposed of the resolution to defer. It passed 23 to 11.

More later.

10:24 p.m. And we're back. What surprised me was how small the crowd was. Three of us from TEP were there observing. Leaders of the Hispanic community were in attendance, but not in large numbers. The citizens on both sides must be saving their powder for the ballot measure. Council members Steine, Holleman, Barry, and Maynard spoke in favor of the resolution. Steine's first speech got quite a bit of applause, a reaction that also greeted passage of the resolution.

Voting in favor were Garrett, Barry, Tygard, Steine, Maynard, Matthews, Hunt, Murray, Jameson, Coke, Forkum, Ryman, Burch, Page, Moore, Durbin, Gilmore, Langster, Evans, Holleman, McGuire, Toler, Coleman, Todd, and Mitchell.

Voting against were Craddock, Bennett, Gotto, Claiborne, Baker, Crafton, Dominy, and Duvall.

Abstaining were Foster and Wilhoite.

Absent members were Harrison, Jernigan, Stanley, Adkins, and Hodge.

Crafton in the Lead: Part 3

A hat tip to Mr. Kleinheider for this post by Mike Byrd, with which I have to agree. Eric Crafton is still dominating the coverage of the English-only ballot measure. There are certainly tough questions that reporters could be asking about the initiative, including the funding.

The only qualification I would add is that what would help drive the press to ask tough questions is someone, some group standing up and organizing the opposition to Crafton's effort. Sorry to say it again, but it's now the middle of July and we haven't heard a serious peep out of the opposition in weeks. It is not dishonorable to lose; not fighting back is a pathway to regret.

TEP learned the hard way during the marriage amendment campaign that you can never get back the time when you weren't organizing.

Crafton in the Lead--Part 2

Part 1 is located here, if you care.

The City Paper has an extremely revealing look into the two camps on either side of the English-only debate. The title of the article sums it up perfectly: 'English Only' issue presses forward while opponents play waiting game.

Once again, Eric Crafton has dominated the coverage. He has already gathered half the signatures he needs to put the measure on the ballot and more post cards are going out this week. He comes across as optimistic and organized.

“I’m very happy at the tremendous level of support,” Crafton said. “I’ve gotten a lot of donations and a lot of very nice letters. I’m very, very appreciative of all the support we’re getting. This is a citizen-wide effort.”

I'm not sure whether Crafton's opponents come across as naive, disorganized, or what. Here's what Mark Walwyn, chair of the Hispanic Chamber of Commerce had to say:

“We don’t feel it’s necessary for us to try to prevent people from signing it or for us to mobilize our individual members at this point,” Walwyn said. “I think the issue is pretty clear to those who have been following this. I really believe it will fail as it has in the past.“At the right time, we’ll make the right steps and do the right things.”

Translation: There is no plan.

Stephen Fotopulos, the executive director of the Tennessee Immigrant and Refugee Rights Coalition, wasn't much more encouraging:

Stephen Fotopulos, the newly named executive director of the Tennessee Immigrant and Refugee Rights Coalition, anticipates a “broad and outspoken coalition” against the initiative, should the issue find its way onto the ballot. Fotopulos pointed to the groups who spoke out against the measure when it was before Metro Council a year ago — the Nashville Chamber of Commerce, the Convention and Visitors Bureau, not to mention then-Mayor Bill Purcell who eventually vetoed legislation.“There are sort of informal conversations of what we’ll do if it is on the ballot,” Fotopulos said. “I think you’ll see leaders all over the city that understand what a negative reflection this will be for the city. Pretty much everyone but Eric Crafton thinks this is a bad idea.

Translation: No one is responsible for leading the fight against the amendment, but a lot of people are talking about how awful it is.

Do Crafton's opponents honestly believe he's the only one who thinks the amendment is a good idea? At this rate, the amendment will not only make it to the ballot, but it will pass. When it does, progressives will be left with their embarrassment over the amendment. But the embarrassment will be all their own for not fighting it when they could have. If they're relying on lawsuits to dismantle the amendment after it passes, then they're in for a fight. Crafton says he already has a D.C. law firm "that will be more than happy to defend any lawsuit for free."

Let's check the score. Crafton has the only mechanism to persuade citizens to sign or not to get the measure on the ballot. Crafton has the only organized effort to engage voters once it gets on the ballot. Crafton has lined up attorneys to defend the amendment once he wins at the ballot. Crafton 3, opponents 0.

Crafton in the lead

Just over 20 days after the Crafton amendment went public, we're in about the same position we were at day one. While editorials and blogs have called him names and speculated about his motives, Councilman Eric Crafton has outcampaigned his opponents and continues to dominate the coverage of the amendment. The other side is too busy mocking him to admit that, of course. But it's true. Remember the website, the robo-calls, and the postcards? Think of any story about the issue. All Eric all the time!

Three lines of counterattack have been opened, but they haven't been developed. Here they are waiting for flesh to be joined to bone.

1. Getting the opposition organized. June 9 was the last time we heard anything about who might be leading the opposition to the amendment. Can you hear the crickets in the background? It's kind of quiet right now.
2. The money trail. Further exploration of this issue might really knock the credibility of the campaign.
3. A stark discussion of the harms that the amendment might bring about. While it's true that Gail Kerr hurts her argument by being so insulting personally to Crafton in the piece, she paints the most vivid picture of the potential harms that the amendment would bring about.

The editorials and the letters and the blog discussions have been helpful and entertaining. But Crafton's amendment will not die the death of a thousand (paper) cuts. Someone is going to have to step up and lead the opposition's campaign.

At last, some good questions about the Crafton amendment

P.J. Tobia has started asking questions about who is paying for Metro Councilman Eric Crafton's effort to amend the charter to secure the embattled English language. Now we're talking. He mostly gets evasions and evolving answers. Is it being done under the auspices of a 501c3? If so, my understanding is that this is allowed since we're not talking about support of a candidate. But I believe, at least at the State level, that those funding ballot measures have to keep a separate bank account and go through some extra filings.

According to the Tennessee Registry of Election Finance, here's who has to file:

1.

Who must file Campaign Financial Disclosure Statements?

Single-Measure Committees. Reports of appointment of treasurers and disclosure of contributions and expenditures are required of: (1) a group of two or more individuals making expenditures to support or oppose any state or local measure in a referendum, (2) a corporation or any other organization making expenditures to support or oppose any state or local measure in a referendum, (3) any committee, club, association or group of persons receiving contributions or making expenditures totaling more than two hundred fifty dollars ($250) in a calendar year to support or oppose any state or local measure in a referendum.

Since the group's website is raising money and spending it on robocalls, post cards, and the like, it looks as if they would qualify. Presumably, if the law is followed, we will know who is contributing to Crafton's effort.

Kerr vs Crafton

Tennessean columnist Gail Kerr takes on Metro Councilman Eric Crafton's English-only petition drive. She doesn't mince words.

It is unconstitutional. It is racist. It is wrong. And it will cost your tax dollars when it ends up in court, as it inevitably will.

She devotes the first chunk of her column to talking about what a waste the effort is. Predictable. The most forceful part of the column comes at the end, though.

So the Korean man trying to enroll his child in school? Tough beans. The Hispanic woman calling the police because her husband is beating her? Too bad, so sad. And how about murderer Paul Dennis Reid, who sits on death row thanks to the testimony of a Spanish-speaking man? The lone witness almost bled to death in the Hermitage McDonalds as he played dead until Reid left. He crawled to a phone and dialed 911.

Thank goodness this law didn't exist that night.

It's going to take television commercials with just that message to beat this amendment at the ballot, not messages saying that the measure is not necessary because immigrants are already learning the language. Opponents will have to hammer this amendment by persuading Davidson County voters that it causes real harms.

Purchasing air time takes money and that takes organization. Wouldn't it be better to spend the money of voluntary contributors in an effective campaign than to make the taxpayers pay the costs of defending against a lawsuit? Gail Kerr has already written your copy gratis. Who's going to bring the message to t.v.?

Based on what I've read so far, even though some prominent opponents have been quoted, no one is saying, "We're going to raise the money. We're going to wage a massive campaign to fight this thing." Hopefully, the coverage in the coming weeks will discuss how the opposition will organize.