American Conservative Union releases ratings of Tenn. lawmakers, makes no mention of legal issues
The American Conservative Union, which is mentioned in several not-so-subtle ways in the federal campaign finance fraud indictment against state Sen. Brian Kelsey (R-Germantown), has released its latest ratings of Tennessee lawmakers — including of the aforementioned Kelsey, who gets an 85.
“From protecting the Second Amendment to banning Critical Race Theory in schools, it is no surprise that Tennessee, led by a great governor in Bill Lee, once again scores among the most conservative state’s in the country,” Matt Schlapp, the group’s chairman, said in a release.
Kelsey is accused of funneling money from his state account through two other PACs to the American Conservative Union, which then spent money on ads supporting his ill-fated congressional bid in 2016. Kelsey has denied any wrongdoing and pleaded not guilty.
The ACU scored 84 roll call votes as part of its ratings, including bills banning government vaccine passports, changing certificate of need rules, making Tennessee a gun rights “sanctuary state,” banning students from participating in sports not corresponding to the gender listed at birth, opting out of federal unemployment benefit enhancements, and banning “critical race theory” in schools.
Here are the ratings:
| Senator | Party | Dist. | 2021 | 2020 | Lifetime |
| Akbari, Raumesh | D | 29 | 23% | 38% | 29% |
| Bailey, Paul | R | 15 | 87% | 79% | 87% |
| Bell, Mike | R | 9 | 80% | 75% | 85% |
| Bowling, Janice | R | 16 | 83% | 75% | 85% |
| Briggs, Richard | R | 7 | 78% | 71% | 80% |
| Campbell, Heidi | D | 20 | 26% | n/a | 26% |
| Crowe, Rusty | R | 3 | 81% | 75% | 82% |
| Gardenhire, Todd | R | 10 | 73% | 75% | 82% |
| Gilmore, Brenda | D | 19 | 28% | 29% | 25% |
| Haile, Ferrell | R | 18 | 83% | 71% | 86% |
| Hensley, Joey | R | 28 | 82% | 62% | 85% |
| Jackson, Ed | R | 27 | 83% | 76% | 85% |
| Johnson, Jack | R | 23 | 84% | 75% | 88% |
| Kelsey, Brian | R | 31 | 85% | 77% | 87% |
| Kyle, Sara | D | 30 | 27% | 28% | 31% |
| Lundberg, Jon | R | 4 | 85% | 77% | 85% |
| Massey, Becky | R | 6 | 79% | 76% | 79% |
| Mcnally, Randy | R | 5 | 78% | 72% | 85% |
| Niceley, Frank | R | 8 | 81% | 79% | 81% |
| Pody, Mark | R | 17 | 82% | n/a | 85% |
| Powers, Bill | R | 22 | 83% | 76% | 79% |
| Reeves, Shane | R | 14 | 85% | 76% | 84% |
| Roberts, Kerry | R | 25 | 87% | 79% | 89% |
| Robinson, Katrina | D | 33 | n/a† | n/a | 38% |
| Rose, Paul | R | 32 | 83% | 79% | 83% |
| Southerland, Steve | R | 1 | 81% | 71% | 83% |
| Stevens, John | R | 24 | 83% | 75% | 89% |
| Swann, Art | R | 2 | 83% | n/a | 81% |
| Walley, Page | R | 26 | 78% | n/a | 78% |
| Watson, Bo | R | 11 | 85% | 76% | 87% |
| White, Dawn | R | 13 | 85% | 76% | 90% |
| Yager, Ken | R | 12 | 79% | 74% | 82% |
| Yarbro, Jeff | D | 21 | 28% | 38% | 36% |
NFIB urges vote against COVID-19 bill, warns it will score support in ratings
Voting in favor of the omnibus bill seeking to clamp down on COVID-19 mandates will negatively affect lawmakers’ ratings by the state chapter of the National Federation of Independent Business, according to a letter sent to each member on Friday morning.
Votes on the bill are scheduled for later in the day.
Here’s the full NFIB letter:
Good morning, Members of the 112th Tennessee General Assembly.
NFIB asks for your vote of NO on HB 9077/SB 9014. NFIB plans to include this vote in our 2021-2022 Voting Record report to NFIB members.
NFIB is strongly opposed to any new causes of action, which are in the amendments to HB 9077/SB 9014. This would be a very inopportune time for small businesses, who are dealing with a severe labor shortage, rising inflation and significant supply chain issues, to face potential litigation. NFIB is concerned several COVID-19 mitigation measures by an employer could be grounds for a private right of action. We understand the views from all sides on this issue, particularly with potential pending federal overreach (please read our letter to USDOL Labor Secretary here). However, we oppose HB 9077/SB 9014, which is consistent with our previous positions on new private rights of action. Our previously shared letter is attached.
NFIB also is concerned with Section 14-6-101 in both amendments under Chapter 6-Miscellaneous. NFIB shares the concerns of our Department of Workforce & Labor Development and other groups that if the legislation passes as drafted, the federal government would soon take over regulatory enforcement of various labor laws in Tennessee. Specifically, as Commissioner McCord testified, OSHA would take over TOSHA. For background, the Occupational Safety and Health Act of 1970 authorizes states to establish their own occupational safety and health plans and preempt standards established and enforced by Fed OSHA. OSHA must approve state plans if they are “at least as effective” as OSHA’s standards and enforcement. Currently, 22 states have plans under this system, including Tennessee. Over the last decade, NFIB has received almost no complaints from our members regarding TOSHA overreach. If HB 9077/SB 9014 were to pass, as drafted, NFIB is concerned many OSHA fines will double and a more adversarial system would result for Tennessee’s small businesses, again at an inopportune time.
Thank you for you support of small business, and please contact me directly with any questions. Jim
Jim Brown
Tennessee State Director
Tennessee Republicans’ Club for Growth ratings fall
Tennessee lawmakers didn’t fare very well in the Club for Growth’s ratings for 2020. The average House GOP scores were 45% in 2020, down from 67% the previous year. The ratings for Senate Republicans decreased from 64% to 43%.
The group’s ratings docked lawmakers for supporting legislation to tighten requirements for online vendors to collect Tennessee sales taxes from those doing at least $500,000 worth of annual business in the state to $100,000. Economists have cited the new threshold as a major reason for the state’s strong sales tax revenues while shoppers avoided brick-and-mortar stores during the COVID-19 pandemic.
Here are the ratings:
| House Member | Chamber | Party | 2020 | Lifetime | Rating in chamber |
| Lafferty | House | R | 69 | 68 | 1 |
| Holt | House | R | 61 | 71 | 2 |
| Ogles | House | R | 58 | 66 | 3 |
| Doggett | House | R | 56 | 65 | 4 |
| J. Sexton | House | R | 56 | 67 | 4 |
| Rudd | House | R | 55 | 70 | 6 |
| Windle | House | D | 54 | 59 | 7 |
| Lundberg | Senate | R | 54 | 64 | 1 |
| Travis | House | R | 53 | 54 | 8 |
| Van Huss | House | R | 53 | 60 | 8 |
| Bowling | Senate | R | 52 | 60 | 2 |
| Littleton | House | R | 51 | 63 | 10 |
| Sparks | House | R | 49 | 62 | 11 |
| Crawford | House | R | 49 | 66 | 11 |
| Moody | House | R | 49 | 69 | 11 |
| Grills | House | R | 49 | 49 | 11 |
| Bell | Senate | R | 49 | 64 | 3 |
| Calfee | House | R | 47 | 50 | 15 |
| Byrd | House | R | 47 | 56 | 15 |
| Griffey | House | R | 47 | 51 | 15 |
| Hall | House | R | 47 | 60 | 15 |
| Leatherwood | House | R | 47 | 61 | 15 |
| M. Hill | House | R | 46 | 62 | 20 |
| Howell | House | R | 46 | 57 | 20 |
| Hulsey | House | R | 46 | 63 | 20 |
| Cochran | House | R | 46 | 52 | 20 |
| Haston | House | R | 46 | 51 | 20 |
| Weaver | House | R | 46 | 56 | 20 |
| Keisling | House | R | 45 | 53 | 26 |
| Reedy | House | R | 45 | 55 | 26 |
| Sherrell | House | R | 45 | 60 | 26 |
| Cepicky | House | R | 45 | 60 | 26 |
| Eldridge | House | R | 45 | 53 | 26 |
| Watson | Senate | R | 45 | 56 | 4 |
| Yager | Senate | R | 45 | 51 | 4 |
| Gresham | Senate | R | 45 | 53 | 4 |
| Whitson | House | R | 44 | 48 | 31 |
| Baum | House | R | 44 | 53 | 31 |
| Chism | House | D | 44 | 38 | 31 |
| Hurt | House | R | 44 | 59 | 31 |
| Rudder | House | R | 44 | 52 | 31 |
| Todd | House | R | 44 | 54 | 31 |
| C. Johnson | House | R | 44 | 56 | 31 |
| Daniel | House | R | 44 | 57 | 31 |
| DeBerry | House | D | 44 | 56 | 31 |
| Stevens | Senate | R | 44 | 56 | 7 |
| White | Senate | R | 44 | 56 | 7 |
| Southerland | Senate | R | 44 | 50 | 7 |
| Gardenhire | Senate | R | 44 | 44 | 7 |
| Kelsey | Senate | R | 44 | 56 | 7 |
| Ragan | House | R | 43 | 55 | 40 |
| D. Powers | House | R | 43 | 60 | 40 |
| Lamberth | House | R | 43 | 55 | 40 |
| Boyd | House | R | 43 | 55 | 40 |
| C. Sexton | House | R | 43 | 50 | 40 |
| Roberts | Senate | R | 43 | 57 | 12 |
| Hensley | Senate | R | 43 | 58 | 12 |
| Holsclaw | House | R | 42 | 43 | 45 |
| Zachary | House | R | 42 | 59 | 45 |
| Tillis | House | R | 42 | 51 | 45 |
| Moon | House | R | 42 | 55 | 45 |
| Vaughan | House | R | 42 | 43 | 45 |
| Garrett | House | R | 42 | 55 | 45 |
| Bricken | House | R | 42 | 50 | 45 |
| Helton | House | R | 42 | 55 | 45 |
| Wright | House | R | 42 | 59 | 45 |
| Smith | House | R | 42 | 55 | 45 |
| White | House | R | 42 | 53 | 45 |
| Faison | House | R | 42 | 53 | 45 |
| Dunn | House | R | 42 | 59 | 45 |
| Gant | House | R | 42 | 50 | 45 |
| Hazlewood | House | R | 42 | 55 | 45 |
| Halford | House | R | 42 | 48 | 45 |
| Hicks | House | R | 42 | 48 | 45 |
| T. Hill | House | R | 42 | 69 | 45 |
| Hawk | House | R | 42 | 46 | 45 |
| Marsh | House | R | 42 | 54 | 45 |
| Haile | Senate | R | 42 | 60 | 14 |
| Bailey | Senate | R | 42 | 47 | 14 |
| Briggs | Senate | R | 42 | 44 | 14 |
| Jackson | Senate | R | 42 | 55 | 14 |
| Reeves | Senate | R | 42 | 57 | 14 |
| Rose | Senate | R | 42 | 54 | 14 |
| B. Powers | Senate | R | 42 | 47 | 14 |
| Niceley | Senate | R | 42 | 50 | 14 |
| McNally | Senate | R | 42 | 55 | 14 |
| Massey | Senate | R | 42 | 50 | 14 |
| J. Johnson | Senate | R | 42 | 55 | 14 |
| Curcio | House | R | 40 | 54 | 65 |
| Potts | House | D | 40 | 43 | 65 |
| Carr | House | R | 40 | 47 | 65 |
| Lynn | House | R | 40 | 60 | 65 |
| Carter | House | R | 39 | 55 | 69 |
| Kumar | House | R | 38 | 53 | 70 |
| Farmer | House | R | 38 | 52 | 70 |
| Ramsey | House | R | 38 | 43 | 70 |
| Williams | House | R | 38 | 47 | 70 |
| Russell | House | R | 37 | 52 | 74 |
| Crowe | Senate | R | 37 | 53 | 25 |
| Stewart | House | D | 36 | 26 | 75 |
| Lamar | House | D | 35 | 29 | 76 |
| Shaw | House | D | 35 | 43 | 76 |
| Miller | House | D | 35 | 37 | 76 |
| Coley | House | R | 35 | 44 | 76 |
| Freeman | House | D | 34 | 33 | 80 |
| Pody | Senate | R | 34 | 53 | 26 |
| Staples | House | D | 33 | 29 | 81 |
| Hardaway | House | D | 33 | 31 | 81 |
| Towns | House | D | 32 | 34 | 83 |
| Jernigan | House | D | 32 | 36 | 83 |
| Mitchell | House | D | 31 | 33 | 85 |
| Casada | House | R | 30 | 47 | 86 |
| Parkinson | House | D | 30 | 32 | 86 |
| Dickerson | Senate | R | 30 | 41 | 27 |
| Clemmons | House | D | 29 | 29 | 88 |
| Powell | House | D | 27 | 29 | 89 |
| Thompson | House | D | 27 | 27 | 89 |
| Dixie | House | D | 26 | 23 | 91 |
| Hodges | House | D | 24 | 32 | 92 |
| Love | House | D | 23 | 28 | 93 |
| Sara Kyle | Senate | D | 23 | 33 | 28 |
| Hakeem | House | D | 22 | 31 | 94 |
| Beck | House | D | 22 | 22 | 94 |
| G. Johnson | House | D | 21 | 19 | 96 |
| Yarbro | Senate | D | 20 | 30 | 29 |
| Robinson | Senate | D | 18 | 26 | 30 |
| Gilmore | Senate | D | 15 | 27 | 31 |
| Akbari | Senate | D | 13 | 25 | 32 |
| Camper | House | D | n.a. | 35 | n.a. |
| Cooper | House | D | n.a. | 32 | n.a. |
| Terry | House | R | n.a. | 89 | n.a. |
| Swann | Senate | R | n.a. | 57 | n.a. |
