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Nixon sets date for special elections in three vacant House districts

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Governor Jay Nixon (D) has announced he has set August 5 as the date for special elections to fill three vacant House seats.

The elections will fill seats representing areas including in St. Louis County left vacant by the resignation of Representative Steve Webb, in Crawford and Phelps Counties left vacant when Representative Jason Smith resigned after being elected to represent Missouri’s 8th Congressional District and in Stoddard County and part of Scott County left vacant when Representative Dennis Fowler resigned to accept Nixon’s nomination to the Board of Probation and Parole.

The vacant seats are the subject of a court case filed by ten Missourians who say Nixon was taking too long to act while more than 300,000 Missourians were not being represented in the Missouri House of Representatives.

Lt. Governor Kinder decides against run for Congress

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Lieutenant Governor Peter Kinder has decided he will not run for the 8th Congressional District in 2014. Kinder on October 1 formed an exploratory committee for a possible run.

Lieutenant Governor Peter Kinder

Lieutenant Governor Peter Kinder

In a statement released this afternoon Kinder says he doesn’t want to take on the workload of another campaign run that would be his seventh since 1992. He says, “These include three grueling statewide campaigns, in each of which I came from behind. Ask anyone who’s done it: A statewide race is exhausting physically, mentally, emotionally. An all-out run for Congress over the next year just isn’t in the cards.”

A campaign by Kinder would have set up a Republican primary for the seat. Congressman Jason Smith won the seat in June in a special election made necessary by the resignation of Joe Ann Emerson. Smith was selected for that election by a nomination committee over Kinder and former state senator Jason Crowell and went on to defeat the Democratic Party nominee, State Representative Steve Hodges.

Missouri Republican Party Chairman Ed Martin praised Kinder’s decision, saying it supports party unity. He adds, “We will continue to see that dedication through his term as Lieutenant Governor.”

His full statement is included below:

“After much prayer and consideration, I have decided to end the month-long, exploratory phase on an 8th District congressional candidacy by forgoing a race in 2014.

“This was a difficult decision. For 200 years dating back to the days of the Missouri Territory, both sides of my family have called Southeast Missouri home. My roots and my heart are in the 8th District of Southern Missouri. The opportunity for public service in Congress during this time of national crisis for the survival of liberty is one I felt the need to explore.

“And this impulse I felt all the more, given one salient fact. This astounding fact pertains to voters in the big majority of counties now comprising the 8th District: Voters have had only one chance to choose their Member of Congress, in open primaries on both sides following an incumbent’s retirement — with plenty of notice to all — in the 68 years since the end of World War II. That singular chance occurred 46 years ago next year — in 1968. No other congressional district of which I’m aware has a history this lacking in chances for the voters actually to decide. The circumstances, late last year, of the incumbent’s announcing her retirement four weeks after being re-elected guaranteed that this lamentable history would be extended yet again.

“For me, though, there have been six campaigns — one every four years — since my first Senate run in 1992. These include three grueling statewide campaigns, in each of which I came from behind. Ask anyone who’s done it: A statewide race is exhausting physically, mentally, emotionally. An all-out run for Congress over the next year just isn’t in the cards.

“Politics isn’t everything. In the midst of its sometimes frenzied demands, one feels the tug of Holy Scripture: “Be still and know that I am God.” Sometimes this injunction is flatly incompatible with the pitiless imperatives of the political calendar.

“I am deeply humbled by the many citizens who have urged me to run, who’ve pledged their financial support, and I thank them for their confidence. I regret that this decision will disappoint them.

“When I arrived in Jefferson City in 1993, the Democrats boasted what seemed permanent, decades-long majorities in the General Assembly. After a few years of very hard work, those majorities vanished, replaced by what once seemed impossible: Today’s huge Republican majorities. Working with so many others, I am proud of the role I played in bringing conservative governance to Missouri. We changed the course of events. In the words of my hero, Ronald Reagan, ‘We weren’t just marking time.’

“That work continues. I have been humbled by the confidence Missouri voters have placed in me, with my being the only Republican statewide official elected in both 2008 and 2012. I made a commitment, and I will keep that commitment to serve these four years, and beyond.”

Lawmakers: ‘Right to farm’ proposal not likely to pass

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House and Senate lawmakers have met to debate what language should go in Missouri’s Constitution to guarantee a right to farm, but some say the issue is not likely to pass this session.

The Senate version of the proposal includes language to protect the power of political subdivisions to regulate farming, such as through a county health ordinance. The conference committee voted to omit that.

Rep. Jason Smith (R-Salem) says that language would create two constitutional rights.

“The right to farm and also the right of political subdivisions to conflict with the Constitution,” he says, “and I think that’s a big problem.”

Rep. Linda Black (D-Desloge) says leaving that language in would create a greater threat to farming.

“Then they could do a more narrowly defined effort on a local level, because if you have a drive in each county to put something on a local ballot you could actually kill the right to farm on an individual county-by-county basis … and we see that there may be an effort out there to do that.”

Sen. Jolie Justus (D-Kansas City) says without that language in there, several members of her caucus have said they will vote to kill the bill. She and Black agree the issue is likely dead for the session.

Justus says the real way to prevent future challenges to farming is to change the initiative petition process, something she hopes can be accomplished next year.

“We need to strike a balance between citizens being able to petition their government and also realizing that right now the system is set up so that wealthy individuals and organizations can put things on the ballot very easily in this state,” Justus says. “It’s an end run around the legislature and I don’t think it’s what direct democracy should be about.”

The proposals are HJRs 11 and 7.

House sends farming rights amendment to the Senate

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A ballot issue meant to protect the rights of Missourians to farm is one step closer to reach voters. A proposed constitutional amendment has been passed out of the House that would put a so-called “right to farm” issue on the November, 2014 ballot.

Speaker Pro-Tem Jason Smith (R-Salem) and Representative Bill Riebolds (R-Neosho) sponsored HJRs 11 & 7. (photos courtesy; Tim Bommel, Missouri House Communications)

Speaker Pro-Tem Jason Smith (R-Salem) and Representative Bill Rieboldt (R-Neosho) sponsored HJRs 11 & 7. (photos courtesy; Tim Bommel, Missouri House Communications)

Representative Casey Guernsey (R-Bethany) says the proposal is a chance for Missourians to stand against animal rights groups like the Humane Society of the United States.

“It seems unconscionable to me that such an attack would be successful in a nation that owes its greatness to these very agrarian principles that are now under siege … a nation whose founding fathers were farmers, and they were livestock owners, and who believed farms were the building blocks of this nation.”

One of the sponsors of the proposal, Speaker Pro-Tem Jason Smith (R-Salem) says groups like HSUS are made stronger by a population that is largely generations removed from farming. He cites an example given by former legislator Tom Loehner.

“He testified about talking to an urban legislator that was talking about where the meat in the grocery store came from. That urban legislator thought that the meat came from when a cow shedded its weight. He did not realize that cows actually are slaughtered, and that’s where the steaks and the hamburgers came from.”

Republican leadership moved to cut off debate on Thursday before any Democrats could speak on the proposal. On Wednesday, several Democrats spoke against the measure.

Representative Chris Kelly (D-Columbia) said it would undo the work of the legislature in 2011 to compromise on legislation regulating puppy breeding operations in the state.

“We settled the dog issue. We compromised on it, we worked it out. Now, included in this laudable constitutional amendment is a backdoor repeal of the protection on the breeders … we’re going right back to puppyland.”

Guernsey said the legislation was not about repealing the dog breeding compromise.  The measure passed on a bipartisan 110-41 vote.

The proposal now goes to the Senate.

Bill for filling of statewide office vacancies sent to Senate

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For the fifth straight year the House has passed a proposal to change how vacancies in statewide offices are filled.

Salem representative Jason Smith says his bill would clarify how vacancies in certain statewide offices would be filled. (Photo courtesy; Tim Bommel, Missouri House Communications)

Salem representative Jason Smith says his bill would clarify how vacancies in certain statewide offices would be filled. (Photo courtesy; Tim Bommel, Missouri House Communications)

The bill would require openings for lieutenant governor, secretary of state, attorney general, state auditor, state treasurer and U.S. Senator be filled at the next general election after they become vacant.

Representative Stacey Newman (D-St. Louis) says she thinks the timing of the proposal is political..

“Most of us read the newspapers or online and we know that our lieutenant governor may be a candidate in (the special election for the 8th District Congressional Seat) therefore leaving a statewide vacancy. It’s pretty odd that we would have this bill at the same time that situation might arise.”

The bill’s sponsor, Representative Jason Smith (R-Salem) tells Newman the idea of the proposal is not new and not just about the possible vacancy at lieutenant governor.

“We’ve passed it four prior years and we’ve passed it numerous times on Senate bills. For you to try to mislead this body to say that we just decided to do it … I think that you need to realize that this is the fifth year this has happened.”

See the legislation, HB 110.

The legislation includes a provision that prevents a person appointed to one of those offices from running for it until after someone else has been elected and served a term. Newman says that’s her biggest issue with the bill.

“We have no elected office right now in the State of Missouri that has those stipulations. We have sincere doubts that this provision is constitutional.”

Smith says the provision is about preventing what he calls the “power of incumbency.”

“It’s just the purpose that a lot of people brought forward in the past, that they felt like an individual being appointed would have an unfair advantage over someone who is running for the position.”

The bill was passed with an emergency clause, meaning it would go into effect immediately if signed by the Governor, but it next goes to the Senate.

Election bill advances from House Committee

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The House Elections Committee has approved House House Speaker Pro Tem Jason Smith’s (R-Salem) proposal that would require openings for lieutenant governor, secretary of state, attorney general, state auditor, state treasurer and U.S. Senator be filled at the next general election after they become vacant. It also would block a temporary office holder appointed by the Governor from running to fill the seat he or she is appointed to fill.

House Speaker Pro Tem Jason Smith (R-Salem) (photo courtesy, Tim Bommel, Missouri House Communications)

House Speaker Pro Tem Jason Smith (R-Salem) (photo courtesy, Tim Bommel, Missouri House Communications)

Smith told the Committee, “It’s just the purpose that a lot of people brought forward in the past that they felt like an individual being appointed would have an unfair advantage over someone who is running for the position.”

Critics say Smith’s bill is politically motivated, aimed at keeping a Democrat Governor, Jay Nixon, from naming the replacement for a Republican Lieutenant Governor, Peter Kinder, who is pursuing the 8th District Congressional Seat being vacated by Jo Ann Emerson. Smith says, not so.

See the proposal, HB 110.

“It’s legal reasons, not political reasons, because the law’s not clear. The law provides in section 105.030 that upon a vacancy of a statewide office, for example Lieutenant Governor, it’s filled by special election, but then the governor of the state is saying that no, he gets to appoint it.”

Representative Stacey Newman (D-St. Louis County) is skeptical.

Representative Stacey Newman (D-St. Louis County)

Representative Stacey Newman (D-St. Louis County)

“I think the public is suspect, too. We talk about transparency and we hear all the time about smaller government. This bill has some elements that are more government.”

Newman was the only “no” vote in the Committee. She believes this bill wouldn’t have been filed if there was not a Democrat in the Governor’s Office.

“I think this issue has arisen because of potential vacancies in the Lieutenant Governor’s office now. That potential has been there for some time and I think if that wasn’t part of the discussion we wouldn’t be pushing this so fast.”

This is Smith’s fifth year to file the bill. He says it’s been changed to address the concerns of Governor Nixon, who vetoed it two years ago.

The bill is scheduled to be heard by the House Rules Committee today. Smith hopes it will be debated on the floor next week.

Historic Missouri House Republican majority selects leadership

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The leadership that will be in place for the 2013 session of the Missouri legislature is starting to take shape, first with the House Republicans. After securing the largest ever Republican majority in the state House in yesterday’s election, the party spent most of today selecting leadership. 

House Speaker Tim Jones (at the podium) is flanked by his now 110 member caucus. (photo courtesy: Tim Bommel, Missouri House Communications)

Tim Jones (Eureka) remains the House Speaker, a position he has held since before the veto session. The Speaker Pro Tem is Jason Smith (Salem) and replacing Jones as Majority Floor Leader is John Diehl (Town and Country).

Mike Cierpiot (Lee’s Summit) is the Assistant Majority Floor Leader, Whip is Sandy Crawford (Buffalo), Shelley Keeney (Marble Hill) is the Caucus Chair and Secretary is Mike Bernskoetter (Jefferson City).

Republicans now have 110 seats in the House, meaning the Republican majorities of both chambers now have enough members to override a governor’s veto.

House Democrats and Senate Republicans meet to select leadership on Thursday.