Cole County Circuit Judge Jon Beetem Archives

Monday’s inauguration in Jefferson City kicks off celebration of 200 years of Missouri history

January 10, 2021 By Brian Hauswirth

About 2,000 people are expected to attend Monday’s inauguration ceremonies at the Missouri Capitol in Jefferson City. The festivities will help kick off the historic celebration of 200 years of Missouri history.

Missouri Governor Mike Parson and First Lady Teresa Parson attend a legislative prayer service in Jefferson City on January 6, 2021 (photo courtesy of the governor’s Flickr page)

State Rep. Ron Hicks, R-Defiance, plans to bring his children to the 2021 Bicentennial inauguration ceremony.

“That’s one of the exciting things about being a part of this, not just for myself but my family. I have two young boys and for them to be parts of history and things and then learn about it, this is just an amazing experience,” Hicks says.

James Harris of Jefferson City, who co-chairs the inaugural committee, tells Missourinet that he expects about 2,000 people to attend. The ceremony on the Capitol lawn will start Monday morning at 11:07, with Bicentennial remarks from Gary Kremer of the State Historical Society of Missouri.

August will be the 200th anniversary of Missouri’s statehood.

After a performance from the Missouri State University Chorale, Senate President Pro Tem Dave Schatz, R-Sullivan, will convene a rare joint session of the Legislature, on the Capitol lawn.

The oaths of office will be administered at 11:40 a.m. to Attorney General Eric Schmitt (R), State Treasurer Scott Fitzpatrick (R), Secretary of State Jay Ashcroft (R) and Lieutenant Governor Mike Kehoe (R).

Missouri Supreme Court Justice Mary R. Russell will swear Lt. Governor Kehoe in, and Governor Parson will be sworn-in by Jackson County Circuit Judge Sarah Castle, who is disabled.

Governor Parson appointed Judge Castle to her position in October.

Secretary Ashcroft will be sworn-in by Cole County Circuit Judge Jon Beetem, and Treasurer Fitzpatrick will be sworn-in by Judge Johnnie Cox from Missouri’s 39th Circuit in Monett.

Attorney General Schmitt will be sworn-in by Judge Thomas Albers.

Governor Parson will be sworn-in at high noon, after the bells ring at the nearby St. Peter Catholic Church. He will deliver his inaugural address at 12:04, and it’s expected to be a 16-minute speech.

Parson defeated Democratic Auditor Nicole Galloway by about 500,000 votes in November’s gubernatorial election.

Representative Hicks expects hope and safety to be two of the themes in the governor’s inaugural address. Hicks says COVID remains a major issue.

“I think the people (Missourians) are wanting to hear him (Governor Parson) say that we’re secure, we’re going to be safe. We’ve got viruses, we’re implementing them. He does have a great (vaccine) plan for it. I’ve read it, I’ve seen it,” says Hicks.

In addition to the joint session of the Legislature, several members of Missouri’s congressional delegation are expected to attend. Former Missouri Governors Jay Nixon (D) and John Ashcroft (R) are also expected to attend.

Our live Missourinet inauguration coverage begins Monday morning at 10:30, with Brian Hauswirth, Alisa Nelson and Bob Priddy at the Capitol.

Click here to listen to Brian Hauswirth’s two-minute interview with State Rep. Ron Hicks, R-Defiance, which was recorded at the Missouri Capitol in Jefferson City on January 8, 2021:

Missouri Supreme Court hears notary requirement arguments; no word on when court will rule

October 6, 2020 By Brian Hauswirth

The Missouri Supreme Court heard remote oral arguments on Tuesday afternoon in an appeal that aims to remove a notary requirement for mail-in voting for the November general election.

In April, the Missouri NAACP, the League of Women Voters and three registered voters sued the state, Secretary of State Jay Ashcroft (R) and others, arguing that the steps to vote by mail during a pandemic are unconstitutional.

The Missouri NAACP and its ACLU attorneys say Cole County Circuit Judge Jon Beetem erroneously upheld the notarization requirement, and they also express concern about a scarcity of notaries.

Missouri Solicitor General D. John Sauer disagrees with that. Counselor Sauer argued on behalf of the state and Secretary Ashcroft.

“The trial court (Cole County circuit court) pointed out that there are, even on plaintiff’s calculation, there are 44,000 notaries in the state of Missouri available to notarize absentee ballots. And there are hundreds of notaries in the secretary of state’s volunteer program,” Sauer tells the court.

He says invalidating the notary requirement is not realistic because voting by mail began on September 22. He says changing the rules midway through the process would subject Missouri voters to different legal requirements during the same election cycle.

Sauer also says invalidating the notary requirement would require reprinting of absentee and mail-in ballot envelopes across Missouri.

The ACLU disagrees with Sauer. They also say that the Cole County circuit court committed multiple errors and erroneously upheld a notarization requirement that imposes burdens on Missourians who are seeking to vote during a global pandemic.

ACLU Foundation attorney Sophia Lin Lakin argued the case on Tuesday.

“No voters will be subjected to different standards here. All voters would exercise their fundamental right under the same standard: having their ballots counted regardless of notarization,” Lin Lakin tells the court.

Some physicians and epidemiologists have filed as friends of the court. They say requiring voters to have absentee ballots notarized present unavoidable increased risks of transmitting the virus that causes COVID.

The ACLU also says Judge Beetem has misapplied a federal case that’s never been applied in Missouri.

There is no word on when the Missouri Supreme Court will rule. One of the questions the Supreme Court is considering is whether the Cole County circuit court failed to consider evidence of burdens associated with requiring ballots to be notarized.

Missouri lawmakers approved the legislation on the final day of session in May. House Democrats were successful in having a photo ID provision removed, in a compromise with Republicans. The legislation from State Rep. Dan Shaul, R-Imperial, has two but separate options.

The first expands absentee voting to those 65 and older, or who are vulnerable to COVID-19, such as elderly residents. Notarization is not required for those 65 and older or who are vulnerable.

The second option expands voting by mail for everyone, but requires notarization.

Click here to read the 128-page brief from the Missouri NAACP, League of Women Voters, ACLU and others.

Click here to read the 121-page brief from Missouri Attorney General Eric Schmitt’s office, from Solicitor General D. John Sauer.

Missouri Supreme Court sending absentee voting case back to Cole County Circuit Court

June 23, 2020 By Brian Hauswirth

The Missouri Supreme Court issued a decision on Tuesday involving absentee voting, ruling that a lawsuit that aims to allow all Missourians to cast absentee ballots without notarization in 2020 can proceed.

Missouri Supreme Court Chief Justice George Draper takes notes on June 15, 2020, while listening to oral arguments in the absentee voting case (photo courtesy of Missouri Supreme Court communications counsel Beth Riggert)

The Supreme Court is sending the case back to Cole County Circuit Judge Jon Beetem. The decision means the lawsuit from the NAACP of Missouri and the ACLU of Missouri can proceed.

The circuit court dismissed the lawsuit, finding that the plaintiffs failed to state a claim on which relief could be granted. The Supreme Court reversed that decision, finding the plaintiffs had stated a claim and remanded the case to the circuit court so the parties can proceed.

The organizations filed a lawsuit in mid-Missouri’s Cole County, challenging the constitutional validity of absentee voting legislation that was approved by the Missouri Legislature on the final day of session in May.

Governor Mike Parson (R) signed the legislation from State Rep. Dan Shaul, R-Imperial, in June. It expands voting by mail through the rest of 2020. There are two but separate options under the bill.

The first option has been non-controversial, and is not part of the lawsuit. That option expands absentee voting to those 65 and older, or who are vulnerable to COVID-19. Elderly people are considered at greater risk. Under the bill, notarization is not required for those 65 and older or who are vulnerable.

The second option is the key part of the lawsuit. It expands voting by mail for everyone in 2020, but requires notarization.

The Missouri Supreme Court heard oral arguments in the case on June 15.

During those oral arguments, Sophia Lin Lakin, who argued the case, told the Supreme Court that requiring some voters to get a notary could put their health and the health of others at risk, during the COVID-19 pandemic.

“SB 631 still requires voters whom the Legislature did not deem at-risk for COVID or those caring for others who may be at risk, to comply with the notary requirement in order to vote by mail,” Lakin argued on June 15.

But state Solicitor General D. John Sauer, who represents the state attorney general’s office and Secretary of State Jay Ashcroft, disputed that.

“A bad flu season does involve tens of thousands of deaths nationwide,” Sauer told the Supreme Court last week. “But nobody has ever contended that fear of contracting or spreading the flu is a statutory ground to cast an absentee ballot in Missouri.”

Sauer also argued in court that the NAACP and the League of Women Voters lack associational standing in this case.

Lin Lakin praises Tuesday’s ruling, saying “this decision is a big victory for Missouri voters.”

Click here to read the 73-page legal brief from the NAACP of Missouri, the ACLU of Missouri and others.

Click here to read the 85-page legal brief from state Solicitor General D. John Sauer.