impeachment Archives - Missourinet

Lawmakers must decide whether to proceed with impeachment of Gov. Nixon

April 30, 2014 By Mike Lear

The House Judiciary Committee has held its final hearing on 3 impeachment filings against Governor Jay Nixon (D).

Representative Stanley Cox (photo courtesy; Tim Bommel, Missouri House Communications)

Committee Chairman, Representative Stanley Cox (R-Sedalia) says he will now poll his members to see whether they think those filings should come to a committee vote.

Cox says he hasn’t decided for himself whether they should be voted on, but when asked whether the articles raise legitimate complaints, Cox says “Absolutely.”

“The allegations are serious, are matters that certainly concern failure of the governor to fulfill his responsibility and certainly raise that idea that they could rise to the level of further action,” says Cox.

Articles filed against Nixon accused him of violating the State Constitution’s definition of marriage as being between a man and a woman with his Executive Order directing the Department of Revenue to accept joint tax returns filed by same-sex couples married in other states, by not disciplining anyone in his administration in relation to the scanning, retention, and sharing with the federal government of personal documents from Missouri drivers’ license and concealed carry permit applicants, and by not acting quickly enough in setting special election dates to fill vacant seats in the House and the Senate.

Cox says he will talk to his committee members right away because less than three weeks remain in the legislative session.

Chairman: impeachment efforts will get a hearing

April 1, 2014 By Mike Lear

The Chairman of the House Judiciary Committee says he will give a hearing to the three filings of impeachment articles against Governor Jay Nixon (D) if their sponsors want one.

Representative Stanley Cox (photo courtesy; Tim Bommel, Missouri House Communications)

The filings were assigned to that committee last week; the first movement for each since they were filed between February 6 and March 11.

Committee Chairman Stanley Cox (R-Sedalia) says he will next talk to the sponsors of those three filings.

“Whether and when they are desirous of having a hearing,” Cox says he will ask those representatives. “Obviously we’re not going to have a hearing if they don’t want one … so I will talk to them first of all.”

The first articles of impeachment were filed by Representative Nick Marshall (R-Parkville), over Governor Nixon’s executive order instructing the Department of Revenue to accept joint tax returns filed by same-sex couples who are legally married in other states. Marshall says that violates Missouri’s Constitution, which voters amended in 2004 to define marriage as being between a man and a woman.

Representative Mike Moon (R-Ash Grove) filed one article of impeachment saying Nixon didn’t act quickly enough to set special election dates for vacant seats in the House and Senate. Representative Rick Brattin (R-Harrisonville) filed an article this month saying Nixon’s failure to discipline or fire members of the executive branch for their involvement in the scanning of personal documents from Missouri license applicants and the release of those documents to the federal government violates the Constitution.

Moon, Brattin and Marshall all confirm they do in fact want a hearing.

“Not only do I want a hearing,” says Marshall, “I think it’s important that it be a candid hearing, an open hearing and a hearing that is free from any interference.”

Those articles were filed between February 6 and March 11, and were assigned to the Judiciary Committee last week. Brattin said upon offering his article that he was “appalled” action had not been taken faster on the filings.

Cox says he can’t speak for House Republican leadership, but says trying to remove an executive from office is an extraordinary action.

“I think that in order to do that there would have to be some clear information and evidence to support the accusation that they have violated their oath to the Constitution or the law in some way,” says Cox. “That’s my position and I assume the leadership would share that.”

Moon says he’s satisfied that leadership in his party is supportive.

“It’s just been slow-moving,” says Moon.

Impeachment articles would move through the House like a bill. If adopted by the House, the Governor would be tried by a committee of seven jurists chosen by the Senate.

House Republican ‘appalled’ by lack of action on impeachment filings against Gov. Nixon

March 13, 2014 By Mike Lear

The latest House Republican to file articles of impeachment against Governor Jay Nixon (D) says he is “appalled” his majority party’s leadership has not advanced any proposals to impeach the Governor since their filing.

Representative Rick Brattin (photo courtesy; Tim Bommel; Missouri House Communications)

Representative Rick Brattin (R-Harrisonville) has filed two articles of impeachment against Nixon. He says Nixon violated the state Constitution by not disciplining or firing members of the executive branch for their roles in the scanning and retention of concealed carry endorsement documents by the Department of Revenue, and the release twice of personal information related to those documents to federal authorities.

Brattin says Nixon should be held accountable. His filing is HR 923.

“When you’re in charge,” Brattin says of Nixon, “the buck stops with you and we’ve had thousands of people’s important documents being scanned and sent over to another state and now are no telling where and I think it’s ridiculous and egregious.”

Brattin follows fellow Republicans Nick Marshall (R-Parkville) and Mike Moon (R-Ash Grove) who have also filed articles of impeachment against the Governor. He co-sponsors their efforts as they do his and one another’s.

Marshall filed two articles saying Nixon’s executive order instructing the Department of Revenue to accept joint tax returns from same-sex couples violated the state Constitution. Moon says in one article that Nixon violated the Constitution by not acting fast enough to set special election dates to fill vacant seats in the House and the Senate.

No action has been taken on those articles since they were filed a month ago.

Brattin says those legislators raise important issues and he hopes their filings and his will be allowed to move through the legislative process.

“We swore an oath to uphold, defend the Constitution before any type of legislative agenda … before anything. When we have somebody acting out of the Constitution and out of their authority, then they should be held to account,” Brattin tells Missourinet. “I think it should move and I’m appalled that it really hasn’t, unfortunately.”

Brattin says it is a political decision not to take up the arguments against Nixon.

“It’s an election year and we have a lot we want to do legislatively for jobs and things like that, and I’m right there too,” says Brattin, “and I have constituents all the time saying, ‘We see Barack Obama doing all this type of stuff and why isn’t anybody doing anything?’ We here at the state level wonder why isn’t the federal government doing anything? Well, we right here at the state level have the same thing going on with our governor. Are we not going to stand up and do what we’re calling the federal government to do?”

House Speaker Tim Jones (R-Eureka) says the three filings are still being studied.

“We want to make sure we move them forward in the right way,” Jones says. “We’re going to have to go back and look what was done with the previous articles and I think they were moved to a committee for study, and so we’ll have to look at that prior determination and move along that same track.”

Articles of impeachment move through the legislative process in the House similarly to the way a bill would. They would have to be first referred to a committee. If the articles are passed in the House, Nixon would be tried by a commission of seven eminent jurists elected by the Senate.

Two Articles of Impeachment filed against Governor Nixon (AUDIO/COPY OF THE ARTICLES)

Articles of Impeachment filed against Governor Nixon over action on same-sex tax filing

Openly-gay lawmaker discusses impeachment effort over same-sex tax filing (AUDIO)

Openly gay lawmaker discusses impeachment effort over same-sex tax filing (AUDIO)

February 7, 2014 By Mike Lear

Representative Mike Colona (D-St. Louis) says he doesn’t think there is any legal question about the executive order filed by the governor regarding same-sex joint state tax filings.

Representative Mike Colona (photo courtesy; Tim Bommel, Missouri House Communications)

A fellow lawmaker, Representative Nick Marshall (R-Parkville), has filed two articles of impeachment against Governor Jay Nixon (D) for issuing that order, alleging Nixon mislead Missourians in saying the action was necessary, and that Nixon violated the state Constitution.

Colona thinks the legislature is not the place to bring up the issues Marshall seeks to raise.

“I’m from St. Louis,” Colona asserts, “and we might have a few things going on here like, oh I don’t know, a school transfer issue, a school district that’s about to go bankrupt, we’ve had two public health clinics closed because we haven’t expanded Medicaid, yet we’re supposed to take the time to do something like this in the General Assembly?

“If Representative Marshall thinks that this is truly an issue where the Governor has overstepped his bounds, then the true forum for this should be the courts, not in an impeachment hearing in the General Assembly.”

Colona, who is openly gay, says he doesn’t feel personally slighted by the actions of his fellow lawmaker, Marshall.

“I don’t feel as if I’m being personally attacked. Representative Marshall is an attorney, he’s a prosecutor and to use the vernacular language, he doesn’t pull any cheap shots. I don’t think he holds any animosity toward the LGBT community.”

Colona calls the situation an opportunity for education, particularly if the issue reaches the House Floor, but he questions whether it will go that far.

Listen to the interview with Mike Colona: 9:59

Articles of impeachment filed against Governor Nixon over action on same-sex tax filing

Governor’s Office, state lawmakers react to impeachment effort

Governor’s office, state lawmakers react to impeachment effort

February 7, 2014 By Mike Lear

Governor Jay Nixon’s (D) office has responded to the filing of articles of impeachment against Nixon.

Representative Nick Marshall (R-Parkville) filed 2 articles against Nixon, accusing him of misleading Missourians and violating the state Constitution when he instructed the Missouri Department of Revenue to accept joint tax returns filed by same-sex couples legally married in other states.

In an e-mail, Press Secretary Scott Holste dismisses the filing, calling it a “publicity stunt.”

Holste writes, “The Governor will continue to focus on the issues that matter to Missouri families: quality schools for our kids, good jobs in our communities and health care for working Missourians.”

The Minority Leader in the House, Representative Jake Hummel (D-St. Louis) called the articles of impeachment “bogus.”

In a statement, Hummel says the filing is, “further proof, as if any was needed, that the crazy wing has taken over the House Republican Caucus. There are many serious issues facing Missouri that will require serious people to solve. These aren’t serious people.

“If House Republicans insist on embarassing themselves with sham election-year proceedings, then, by all means, they should have at it,” writes Hummel. “When Missouri voters see how far down the path of extremism House Republicans have gone, there will be a lot fewer of them serving in the House of Representatives come November.”

House Speaker Tim Jones (R-Eureka) was asked in a conference with Capitol reporters about the issues raised by Marshall and Representative Mike Moon (R-Ash Grove), who has said he plans to file multiple articles of impeachment against Nixon alleging he hasn’t acted quickly enough in calling special elections to fill vacant House seats, and for not having called one to fill a vacant seat in the Senate.

Jones tells reporters, “They’re very serious charges, however the governor has made some very serious actions.”

“Impeachment is also a very serious remedy,” Jones continued. “I think we’re going to look at past history in the House … we’re going to back and examine that process … and move forward cautiously from there.”

Articles of Impeachment filed against Governor Nixon over action on same-sex tax filing

Openly-gay lawmaker discusses impeachment effort over same-sex tax filing (AUDIO)

Two articles of impeachment filed against Governor Nixon (AUDIO/COPY OF THE ARTICLES)

February 6, 2014 By Mike Lear

A state representative who said he would file articles of impeachment against Governor Jay Nixon (D) has made good on that intent.

Representative Nick Marshall (photo courtesy; Tim Bommel, Missouri House Communications)

Representative Nick Marshall (R-Parkville) has filed two articles of impeachment. He says Governor Nixon’s executive order instructing the Department of Revenue to accept joint tax returns filed by same-sex couples legally married in other states “is a direct violation” of Missouri’s Constitution. Further, he says Nixon “misstates and misrepresents the meaning and requirements under Missouri’s constitutional and statutory law and thereby misleads the citizens of this state.”

Read the articles of impeachment filed by Representative Marshall

Marshall notes that in 2004, 72 percent of Missouri voters approved Constitutional Amendment 2 to change to the Constitution to define marriage as being between a man and a woman. He asserts in his filing that Nixon’s action “results in a recognition of same-sex marriage by the State of Missouri.”

Nixon, when issuing his executive order in November, said Missouri must accept such joint returns because Missouri’s tax code is tied directly to the federal government, and the state requires married couples who file joint returns to also file state taxes jointly. The office of Attorney General Chris Koster (D) says Nixon’s order appears to comply with Missouri law.

Marshall, in his filing, alleges that Nixon’s assertion was based on “a knowing omission of key statutory language.”

Specifically, in the section of Missouri tax code that defines terms, it reads that terms used shall have the same meaning as when they appear in federal tax code. Marshall seizes on the phrase, “unless a different meaning is clearly required by the provisions of,” Missouri tax code.

Marshall tells Missourinet, “Missouri law says a husband and wife who file a joint federal tax return shall file a combined return here in he state of Missouri. The condition precedent for that is that they are husband and wife, and you have to ask yourself, ‘Well, how do you define husband and wife?’ You may not use the federal definition. That’s not allowed because Missouri’s Constitution does not allow you to recognize same-sex marriage.”

The articles of impeachment have been co-signed by seven Republican members of the House: Ron Schieber, Ken Wilson, Jeff Pogue, Kurt Bahr, Mike Moon, Rick Brattin & T.J. Berry.

Moon (R-Ash Grove) has said he will seek to impeach Nixon for not acting quickly enough to set special election dates for vacant seats in the House and one in the Senate. Moon told Missourinet earlier this week he would file articles of impeachment this week, but that has not happened and calls to his Capitol office today have not been answered.

Articles of impeachment move through the legislative process in the House similarly to the way a bill would. They would have to be first referred to a committee. If the the articles are passed in the House, Nixon would be tried by a commission of seven jurists elected by the Senate.

Position on same-sex marriage “irrelevant”

Marshall says he is opposed to same-sex marriage, but says his action has nothing to do with his stance on the issue.

“My position on same-sex marriage is irrelevant. The governor’s position on same-sex marriage should be irrelevant,” says Marshall. “What is extremely relevant is the limitation on the powers of the Governor of the State of Missouri. He has no more right to ignore the Constitution than I do.”

Marshall says if joint tax returns filed by same-sex couples are to be accepted in Missouri, the law or the Constitution must be changed.

“I think it could be revisited,” says Marshall, referring to the 2004 ballot issue that defined marriage in Missouri’s Constitution as being between a man and a woman. That issue was approved by 72-percent of Missouri voters. “I think one could make the arguement that attitudes have changed in the State of Missouri. I would not oppose another ballot question to examine the issue.”

Listen to an interview with Nick Marshall: 11:53

Earlier story:

Articles of impeachment filed against Nixon over action on same-sex tax filing

Articles of Impeachment filed against Nixon over action on same-sex tax filing

February 6, 2014 By Mike Lear

This story has been updated. Visit Missourinet.com for the latest.

A state representative has filed articles of impeachment against Governor Jay Nixon for his executive order telling the Revenue Department to accept joint tax returns filed by same-sex couples legally married in other states.

The articles have been filed by Parkville state representative Nick Marshall (R). He says Nixon’s action goes against Missouri’s Constitution, which voters in 2004 amended to say marriage in the state is defined as being between a man and a woman.

Marshall’s filing has been signed by seven other representatives, all Republicans.

If the filing is allowed to move forward, Nixon would be tried by a commission of seven jurists elected by the Senate.

Another representative, Mike Moon of Ash Grove (R), has said he will seek to impeach Nixon for not acting quickly enough to set special election dates for vacant seats in the House and one in the Senate, but he has not made a filing yet.

Watch Missourinet.com for updates on this story.