margin of error and to the apartment sometim has a 10% lead. host: what is t result of the turnout >> guest: the republicans we speak to are excited. i don't think it will have much impact. there are couple of races where there are other american constitution party candidates on the ballot. the fourth congressional district race between the incumbent and the republican challenger is one we will be looking at. it is how the american constitution party does there. it will be whether he pulls votes for himself. the secretary of state race could be boon for the current secretary of state who was supported two yes ago, a democrat. host: we're talking with a reporter from"the denver post."

obama won in the greater denver area. that is an area that michael bennett has been focusing on for there was a cnn poll that indicated ken buck was doing better than expected in the suburbs outside of denver. what have you been seeing? guest: that as the frontline in this race. in almost always is in statewide elections in colorado. whoever wins the denver suburbs tend to win the race. republicans that i've spoken to feel very good about the male and early ballots they are seeking comment inarapho and jefferson county suburbs. thee republicans feel they havea

our political coverage continues with the georgia governor's race. the debate took place at the studios of georgia public broadcasting in atlanta. it's about an hour.

>> good evening, i'm john pruett. we would like to welcome our listeners be and live studio audience to the 2010 debate series originating from the studios of gpb. this is the debate involving the candidates for governor of georgia. let's meet those candidates. they are in alphabetical order, roy barnes, the democratic candidate. he's been a partner in a law firm for more than 30 years and was governor of georgia from 1998 to 2002. nathan deal, the republican candidate, served 18 years in the u.s. house of representatives from 1992 to 2010. john mahns, the libertarian candidate. our format tonight, the candidates will each answer a question from one of our three panelists. in the second round each candidate will ask two questions of the opponent of his choice. there will be an opportunity for rebuttal in thround and in the

third round the panelist will continue questioning the candidates. finally each candidate will have 60 seconds to make a closing statement. before we get started, let's meet our three panelists selected by the atlanta press club. first we have tom crawford, editor of "the georgia report." next we have aaron haynes, who is a reporter for the associated press. and our final panelist is orlando montoya, reporter/producer for gbp radio so let's get started with this debate. in the first round, the candidates will be asked a question by one of our panelists. the candidate will have 60 seconds to answer that question and the first question comes from tom crawford, and he will ask that question of nathan deal. tom? >> congressman deal, on several occasions it's been reported that your congressional staff, whose salaries are paid by the taxpayers, have spent a lot of time trying to intervene with state and local government

officials on behalf of your private business interest. i would like you to address the issue of do you consider it proper to use federal employees to work for these kinds of purposes? >> first of all, tom, don't believe that you'll find we have intervened on behalf of any private businesses. appropriate for anybody to be able to ask questions of public officials. and that's all that we have done. we have asked questions, for example, of the revenue commissioner when he was abolishing a program for inspection vehicles. issue. i asked him what he was going to do to replace the program, and he said, well, we're going to privatize it. i said ok, if that's what you want to do, then that's fine. the only other inquiry that has been made is a question that was asked of our county officials as to the status of a road. there's been no public money spent on either of these projects. i think it is all together appropriate for someone to be able to ask questions, whether

they are a public official or not a public official and that, quite frankly, is all that's been done. >> thank you, mr. deal. next question for aaron hanes for the next person who is john manns, sorry. >> despite your candidacy as the first african-american ever to appear on the general election ballot in the 0 governor of georgia, why do voters believe a vote for you is not a wasted vote? >> i think georgia voters have to understand if they want different cout comes from some of the broken promises they have been privy to over the years, if they vote for my opponents, first of all, nothing is going to change. i think with all of the disgruntled voters out there, that they realize that i have also gotten over a million votes in an election that.s0 had never been done before either. there's a chance to make history on tuesday.

if voters really realize getting back to the founding principals of respect for individual rights, of a limited constitutional government, more freedoms and liberties for individuals to be able to control their own lives, those are the thing that's are important to them, things that have historically worked and that's what they're concerned about, their choice should be john monds. and that's a choice they should feel good about. that's why i think my message has been resonating and i think on tuesday we're going to shock the world with the results. >> thank you, mr. monds. our final question in this round is orlando montoya's question for roy barnes. >> mr. barnes, the georgia ports authority have sounded the alarm about the need to start deepening the savannah harbor and quickly. you said if congress doesn't act to finance the deepening, that you think the state should finance the project on its own and then ask the federal government for the money back later. isn't that an exceptionally risky move? and where would you get the millions for that? >> it is a risky move and is caused by the fact that our

congressional delegation does not seem to have enough influence to be able to get the funding to deepen the port. they keep saying that we're going to do it and we're not. we cannot allow this port not to be deepened for the ships. now, i think what we would probably have to do is go to some private public time of partnership to raise that type of money and let a portion of it, of course, be from the state. but whatever has to be done, that port has to be deepened. where is sam nunn and richard russell when we really need them? would you ever have thought there would be a state -- the state of georgia would not have enough influence for people like sam nunn and richard russell to be able to deepen our own port to compete? >> thank you, mr. barnes. that does conclude round one. it is time for the candidates to ask questions of the opponent of his choice. you'll have 30 seconds for the question, 60 seconds for the

answer 307b seconds for a rebuttal. by random selection, john monds, will you ask the first question. >> my question will be for congressman deal. you should be familiar with the constitution of the united states. according to the ninth amendment, there are certain rights obtained by the people that may not be renumerated in the constitution. can you give me examples of rights retained by the people? >> you know, i think that the people retain almost all of the rights. the tenth amendment is sour states rights amendment, which says the states and the people are the repository of the ultimate power and that the federal government should have only those that are enumerated. i believe that the people possess the right to have their own money and not have it taken way unduly by government. cutting taxes in the state, of being frugal with the expenses that state governor is going to be spending. i also believe that people have

the right as the constitution says to keep and bear arms under the second amendment. and that was specifically put in place to protect that right. that's why i have the endorsement of groups like georgia kerry, who have endorsed my candidacy for governor. they are all enumerated powers are there for the purpose of limiting the federal government and giving the repository of all of those powers back to the states and the people. that's why we need a good, strong governor which will seart the right of the states. >> mr. monds, you have rebuttal if you like. >> first of all, those rights that are not enumerated in constitution, you said the right to bear arms. that is part of the second amendment and the right for people to keep their money, i don't think your track record betrays that you believe that. -- portray that's you believe that. i didn't hear noir examples. congressman for 18 years with knowledge of the constitution couldn't do better than that. >> next question for one of your

opponents, roy barnes. >> congressman deal, i asked you this question, in 1992 when the general assembly in the state senate was taking up a bill dealing with ethics, the first ethics bill, there was a hearing held in a committee and senator kathy steinberg was there and there was a discussion of solicitation of contributions. and you turned to her and said, don't have to explain to you what solicitation is, do i? do you think that was an appropriate remark and do you believe you should offer an apology to senator stat enberg? >> let me get this right, roy. you're asking me about a comment that was made 18 years ago? you know, when you were running for governor in 1998 and they were asking you questions about votes that you made, you said anybody who would reach back by 20 years and ask about votes and

a desperate candidate trying to sling mud. i quite honestly don't remember the conversation with miss steinberg. she and i, of course, along with you served in the state senate together and i have the utmost respect for her. but i quite honestly don't recall any conversation of that type. >> rebuttal, mr. barnes. >> here's the article in 1992. and there was a full headline about it. in fact she did take offense and you never offered her an apology. i was asking do you think that's an appropriate statement to be made? >> do i get to respond? >> i will give you a brief response on that. >> well, i do not recall that i did anything that offended anybody. that is not my nature. i think anyone who knows me knows i'm not someone that goes around offending people and i don't recall the conversation. interesting to me that in the debate for governor here in 2010, that a conversation that happened 18 years ago seemed to be a subject of controversy. that doesn't quite fit, i think,

with the priorities that the voters of this state want us to be talking about. >> thank you. i do have to remind the panel of candidates no props allowed in this debate. the next question for one of his opponents from nathan deal. >> thank you. i'll ask mr. barnes. mr. barnes, you're a democrat candidate for attorney general has publicly stated that he would not pursue the legal challenge to the obama health care legislation because he thinks it's constitutional. now, you two have stated that you think it is constitutional but that you would continue the litigation. my question to you is, if both of you are elected, how would you challenge obama care or would you simply give up that challenge? >> well, congressman, if you know the constitution of georgia and also the procedures of operating, there's often in fact not often, but sometimes conflicts between the attorney general and the governor. that's happened at least a half a dozen times that i can recall

and when that happens, the governor00 points an independent counsel and that continues. i think the independent counsel that we have now is sufficient, and i would continue -- ann lewis, and i would continue to appoint. >> rebuttal, mr. deal? >> well, first of all, i voted against obama care because i thought it was one of the largest power grabs over the lives of individuals that we've seen in our lifetime. i also believe this is an effort to extend the control over an issue that is very personal and private. if mr. barnes said he believes it is constitutional but he would pursue the litigation, that to me is the ultimate conflict. why would you spend the taxpayer money challenging something you think is constitutional? who do you think the first witness that the government at the obama administration is going to call will be? it will be mr. barnes to say he doesn't think it's worthwhile in pursuing. >> thank you very much. we'll move to the next question now, john monds, your second question of one of your

opponents. >> my second question will be also once again for congressman deal. you talked about yourself as a fiscal conservative and i'm trying to find out exactly what that means. your record shows you voted for no child left behind and an increase in medicare twice. so with that type of record, exactly what makes you conservative? >> john, you keep skk the same question. let me just tell you this, i have been named one of the ten most conservative members of the congress of the united states, 435 members. to be in the top ten is truly an admirable position to have and i think it is ill lussstra tive of the fact i am a fiscal conservative. as i pointed out to you in 2005 with the federal deficit reduction act as the chairman of the health subcommittee, we cut by $10 billion the cost of medicaid. that was multiplied all across the states many times over. we also cut an additional $10

jurisdiction of the energy and commerce committee and i was an integral part of doing that. now, if you don't think that we ought to have pharmaceutical benefits for senior citizens, then you and i have a difference of opinion. i think it is a program that has worked exceptionally well. it has helped reduce the cost of the other portions of the medicare program such as physicians and hospital care. have i a conservative record and i make no apology for that fact. and the record proves it. >> mr. monds, you have rebuttal if you like. >> absolutely. so your explanation is some group said you're fiscally conservative so that makes you fiscally conservative, and yet you just touted voting for medicare twice, which was one of the largest increases in socialized medicine since 1965 and no child left behind. so i don't care who said you're conservative. obviously, your record doesn't prove that. >> next question for roy barnes. >> congressman deal, you voted against the family violence act

and its expansions four times. one time you were the only representative going -- the only member of the general assembly that voted against it. you voted against the equal pay for eke walt work -- equal work act four times. you voted against the violence against women act. you voted against the family and medical leave act. you voted against funding to state and local governments for catching up on d.n.a. samples of rape kits in 2003 and you voted against -- >> question, please. >> -- against the minimum wage increase to $7.25 an hour. would you change any of those votes if you could do it again? >> well, there again you're asking thing that's go back some 20 years. let me try to set the record straight. i'm the only one in this race who has been a juvenile court judge dealing with issues that relate to families and to children. i'm the only one that has prosecuted rapists and sent them to prison rather than defending them as you have done.

i'm the only one who has prosecuted people who have assaulted and murdered children rather than defending them as you have done. now, if you want to ask about federal legislation where they bundle things together in the first vote against the violence against women's act was the bill in which bill clinton combined the control of weapons. he combined every other thing under the sun. when it was a separate vote under republican leadership in 2005, i voted for the violence against women's act and it increased the funding for rape centers and for family domestic violence centers by 20%. one of the largest increases that we've seen in that funding. >> you have a 30-second rebuttal. >> the 30-second rebuttal is, first, i prosecuted rapists too, nathan. you're not the only one who's ever been a prosecutor. i prosecuted rapists over the years. i put them in jail. i sent men to the electric chair. how dare you stand up here and say just because you prosecuted

in some form or another, that you can vote against every protection that women have had over the last 20 years and that immunizes you in some way. >> next question from nathan deal. >> well, first of all, we have great slate of candidates running as republicans this year from johnny isaacson all the way down the ticket. i would ask mr. barnes, mr. barnes are there any republican candidates on the ballot on tuesday that you would intend to vote for? >> i -- i will tell you one i will not vote for. mark butler. mark butler who had a mistress at the capital and when it was found out that she was being employed, her employer fired her and mr. butler sent an e-mail to her employer and says i will punish you and make sure that you remember this.

as far as the rest of them, i like johnny isaacson. i think he's a fine senator. i haven't made the decision in that race yet. >> mr. deal, rebuttal. >> that's interesting, you know, because mr. barnes has sent tens of thousands of dollars to federal people in the democratic party, some of whom are using his money to run against johnny isaacson, who i think say great senator for our state. i believe we have other candidates who are very, very well qualified. i think this is just an illustration of the fact that mr. barnes believes he can send dollars to the federal level to support the obama agenda, people like harry reid, like the dccc that is controlled by nancy pelosi and have no consequences. i would urge him to be a little more impartial in terms of who he's going to support. >> thank you very much. and this concludes our second round. for those who may be joining our program in progress, this is the debate among the candidates for governor of georgia.

for our third round we return to our panel of journalists who will ask questions of the candidate of his or her choice. the candidate will be allowed 600 seconds to respond. as a moderator, i will determine if rebuttal is necessary. so we begin the round with a question from tom crawford. tom? >> question for roy barnes. governor, you've been criticized for arcing cases before judges that you appointed to the bench when you were governor. in the interest of fairness and impartiality, should there be a state law that would require judges in future situations to excuse themselves from presiding over a case if it involved the person who appointed them to the bench, would you support that? >> forever? i guess without limitation, i don't think that's appropriate. you know, the -- for two to three years, we did not appear before any judge. and we did that voluntarily. i didn't go and ask for these judges. they're assigned on a rotating

basis. and if -- if any time there was a fault that they were not fair or impartial, there's a method of recusal that will be brought where they bring in an independent judge to hear that. only one case did i try before a judge and it was a jury trial and it was not appealed and there were no objections. generally what would happen is the judges would always say, mr. barnes appointed me. and then they said do you have any objection and both sides would say no. that's what happened when i appeared mr. deal's son, who i appointed to d.a. and he was later elevated to superior court. i appeared and they said, do you have any problem? and both sides said no. i don't think mr. deal's son -- in fact, i think he was a good d.a. i don't think he's corrupt. to say something like that is making a mountain out of a

molehill. >> i will give you rebuttal since your name was brought into this. >> i think mr. barnes and i agree on one thing and that is my son is an excellent judge on the superior court. but i do think if you want to vide any appearance of impropriety, then there should be some type of prohibition. he said he hasn't tried any cases in front of them, he's handle many cases and the handling is sometimes all that is required to get a settlement. we have seen cases as recently as the last month in which a 456 million judgment was entered and the judge who elevated it to triple damages was a judge that mr. barnes appointed. >> i will give you a brief rebuttal, mr. barnes. >> that's absolutely false. it was mel westmoreland, who i mel westmoreland was either appointed by zell miller or elected first. it's a good example of how they stretch the truth, try to make something out of nothing.

>> let's move on to the next question from erin haines. >> my combe is for congressman deal. congressman, being governor is about leadership, obviously. during your 18 years in congress, you were the lead sponsor on only seven bills which became law, three of which became post offices and you did not hold leadership during the 18 years you were in congress. why should georgians believe you can rise to the occasion of being governor? >> when i went to congress, i didn't go there to try to get my name on legislation. in fact most of the people that talked to me said we have too we don't want you to get your piece on every legislation. i have been the sponsor and co-sponsor of many important pieces of legislation. i was the co-sponsor of the bill that became known as megan's law, the first real action to protect families from released child molesters who were released back in the community. i was the author of the legislation as i indicated earlier, saved $10 billion, requiring for the first time had

you to prove you were a citizen by way of documentation in order to be enrolled in the medicaid program. i would take exception to your statement i have not been in a leadership position. ways the chairman of the health subcommittee of energy and demears had the jurisdiction over programs such as medicaid. i oversaw major reforms in our health care industry and our health care programs all across this country. and i think if you will take to someone who's been involved in those, they will tell you exactly that. >> thank you very much. next question from orlando montoya. >> would i like to address a question to all of you if i can. i would like to see how you your numbers add up. i would like to hear how your numbers add up. how do we get to a balanced budget? who gets cut? where is the money coming from? >> which one? >> let's start with mr. monds perhaps. >> well, one thing when you talk about free markets is the fact that you don't know how it's going to play out. that's what free markets are. but the best way to do it is create an environment -- that's what i've talked about.

we want to get rid of the personal income tax and the corporate income tax. once we do that and go to a broader based sales tax without so many exceptions, that allowed the marketplace to flourish. as opposed to cutting on the spending side, that's why i'm in favor of zero base budgeting. we have to review the budget, 25% every year and if it passes while i'm governor, i will definitely sign it. but in a free marketplace, you don't necessarily know how it's going to play out because things go exponentially. >> we do want to remind the panel, i didn't tell you this initially, when all three of you are asked a question, we're going to cut your time to 30 seconds. thank you for staying pretty much in there, mr. monds. let's get mr. deal's bs response to the question. >> i think everybody recognizes this will be a difficult year financially. i believe zero-based budgeting is appropriate but i believe you also must prioritize where your spending should be. i have prioritized it in four big areas. one is public safety.

the second is k through 12 education. the third is transportation and the fourth is health care, an ever-increasing burden that obama care is going to make worse. i do believe that there are areas we can improve on. we should improve our collection of our current sales tax. i found no one who believes the current collection is appropriate. we can increase revenue that's way. >> i think we should go to point of collection and sales tax, and then i think you take each department -- and we've done this before on several occasions. the economy was we had september 11 in the midst of my term as governor and you had to prioritize heavily. but the first priority has to be direct instruction, teachers in the classroom. if you cannot educate your children in a full 180-day school year, i question why you exist as a state at all. >> thank you very much. next question from tom crawford. >> question for congressman deal.

in 2007 you reported total income of $205,000. federal taxes amounted to about 1% of that. your campaign has declined to provide information that would explain how you were able to do this. so i will ask if you can explain to us now how you can have a total income of $205,000 and pay only 1% in federal income tax. tom, you and the other people in the media made a great deal about the fact i helped my child as my wife and i did with a business that was a retail store that had tremendous losses. as you know, losses offset profits and offset income. that's exactly the way it happened. it was fully disclosed with the tax laws of this country. as i've pointed out before, i released 29 years of tax returns. if you look at those, i have certainly paid more than a fair share by most people's interpretation of the taxes that

were owed. now, if you don't think people ought to be able to take advantage of losses to offset their income, of course, that's a major change to our income tax laws. i have abided by the tax laws. and i will continue to do that. are you happy with the answer? >> yes. >> my question is for roy barnes. i would like you to tell georgia voters one thing you would do differently if they decide to send you back to the governor's office and one thing you wouldn't change how you governed the first time you were in office. >> i think the policies we had were right. i mean, are you against smaller class sizes, higher standards in education, teacher salaries being at the national average for the first time in georgia's history or are you against a mass transit system that moves traffic in the atlanta region or are you against national board certify teachers? are you against the one georgia program that brought about