2nd Black majority congressional seat caught up in transgender/franchise tax fight

By Christopher Tidmore
Contributing Writer

Odds are that an override session will be gaveled into session in the third week of July due to Gov. John Bel Edwards’ vetoes of the transgender bills. However, having already assembled, GOP legislators might also opt to override the governor’s veto of the phaseout of the corporate franchise tax by 2/3 vote.

Two branches can play that game, though. If the majority of the Louisiana House and Senate desire to call themselves into session in order to attempt to thwart his executive vetos, Edwards might employ a stratagem of his own, opting to call an immediate special session focused on the creation of a second African-American majority congressional district. After all, everyone will be in Baton Rouge anyway, and the Supreme Court ordered it into existence just three weeks ago.

La. Republicans had hoped that the legislature would not be forced to draw a second Black majority district until next year – at the earliest. That would allow time for certain “Hail Mary” legal challenges to advance, in order to protect the white majority status of GOP Rep. Julia Letlow’s 5th Congressional District. Any proposed second African-American district would similarly stretch from the Florida parishes to Monroe as hers does yet, demographically, the lines could be drawn in a vast number of ways. Or, more precisely with a varying magnitude of Black majorities. Better to draw it under Gov. Jeff Landry than Edwards.

Under the current plans, depending on which map is chosen, the Black voter majorities should hover around 52 percent for both Rep. Troy Carter’s 2nd District and Letlow’s 5th District. Those constitute the best case scenarios, yet even the existing potential designs dilute Black voting strength down from a current 61 percent Black majority in the present 2nd Congressional District, allowing for the possibility that a strong Caucasian Republican turnout in 2024 could elect a GOP contender in one (or both seats), outstripping African-American Democratic turnout. Ironies would abound if the creation of the second Black district resulted in the same (or fewer) number of African-American congressional representatives from Louisiana.

Nonetheless, 52 percent Black voter registration amounts to the highest potential minority-majority demographic when seeking to redraw the two seats. Were a Republican governor and GOP legislature to refigure the two U.S. House districts without check, as Jeff Landry and his colleagues wish to do after the November elections, critics warn that the Supreme Court mandate could be satisfied with as little as 50 percent +1 voter. The two congressional seats then would have a technical African-American majority, yet each might be very winnable by a conventional La. Republican contender. Everything would come down to a question of turnout. Moreover, putting an extra couple of percentage points of Black voters within the 79 percent Caucasian majority of House Majority Leader Steve Scalise’s 1st Louisiana Congressional District, (which covers suburban New Orleans); the 61 percent of whites constituting Rep. Mike Johnson’s northwest Louisiana 4th District; or the 71 percent of Caucasians comprising Rep. Garret Graves’ 6th District (which is based in south Baton Rouge and its suburbs) would do little to shift their pro-GOP partisan lean. Four U.S. House seats would remain safe for Republicans.

In other words, making sure that a Democratic governor is on hand to help draw two new African-American majority congressional seats has taken on a paramount importance to many progressives. Prior to the recent veto override threats, Edwards calling such a special session – which would have tended to only benefit his own party – previously might have appeared as blatant partisan political posturing. He lucked out that social conservative pressure has left most GOP legislators with little choice but to call themselves into session, in order to override his transgender vetoes. Edwards would be just going along for the ride!

In fact, La. Representatives have an almost adopted a messianic religious tone in their social media memes demanding override enactment of House Bill 466 by Rep. Dodie Horton, R-Haughton, which would prohibit discussion of gender identity and sexual orientation in public schools and House Bill 648 by Rep. Gabe Firment, R-Pollock, which would ban gender-affirming healthcare for trans youth.

These “culture war” efforts have been quietly egged on by business lobbying groups such as LABI and the Louisiana Chemical Association, frustrated by Edwards veto of the phase out of Louisiana’s corporate franchise tax. Senate Bill 1 proposed an elimination of the state’s corporate franchise tax over time, a proposal which Edwards rejected to the surprise of many fiscal conservatives. The measure would not have cost the state regular operating capital in the short term – as corporate tax receipts have been frozen at a statutory spending ceiling of $600 million for the better part of a decade. Any excess funds are directed into “the rainy day” account or to pay off state debt or towards one time expenses. The business lobby thought Edwards would not fight this reform, as it would have a little impact upon operating revenues.

Still, the bill’s author, state Sen. Bret Allain, did predict a reduction of $631 million in franchise tax revenue over five years. In his veto statement, Edwards wrote, “The phase out and ultimate elimination of the franchise tax will require future policymakers to reconcile the inherent reduction to the corporate income tax due to the portability of these hundreds of millions of available tax credits.”

His vehemence was surprising to business conservatives to say the least. They contended throughout the 2023 fiscal session that the governor would ultimately allow the bill to become law, as ratings agencies said Louisiana would jump from 39th to 32nd in states’ “friendliness to business” rankings. Through his veto, Edwards has left business conservatives – uncomfortable with the culture war – with little choice but to team up with their evangelical GOP colleagues. Edwards’ only counter argument – the danger of creating an additional African-American majority seat which could help end the national GOP’s four seat majority in the U.S. House – has done a little to dissuade legislators from assembling.

Therefore, an override session seems likely. Legislators have to reply by July 13, 2023, if they refuse to go into session. If a majority desires to meet in Baton Rouge, the veto override session would begin July 18. And, Edwards remains resolute, as observed, “Louisiana can and should have a congressional map that represents our voting population, which is one-third Black,” the governor said in a statement. “As I have consistently stated, this is about simple math, basic fairness, and the rule of law. I am confident we will have a fair map in the near future.”

This article originally published in the July 10, 2023 print edition of The Louisiana Weekly newspaper.