State Rep. Dan Shaul Archives

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.

Western Missouri judge decides on key slot machine case

September 24, 2020 By Brian Hauswirth

The controversial issue of slot machines could end up going to the Missouri Supreme Court in Jefferson City.

The “St. Joseph News-Press” reported today that a judge in western Missouri’s Platte County ruled that two “no chance” slot machines found at a Parkville convenience store violate state gambling laws. Judge Thomas Fincham found the company, Integrity Vending of Kansas, guilty of felony promoting gambling by setting up and operating a slot machine.

That’s a class E felony. Judge Fincham has scheduled a November 23 sentencing hearing in Platte City. The “News-Press” reports Integrity Vending could face a fine of $10,000.

Platte County Prosecutor Eric Zahnd prosecuted the case. He says despite the fact that the slot machines are seen in many Missouri convenience stores and gas stations, they are illegal slot machines, from his perspective.

Zahnd, who was first elected in 2002, has the longest tenure of any elected prosecutor currently serving the Kansas City metro.

The slot machine issue was the subject of at least three hearings in late 2019 by the Missouri House Special Interim Committee on Gaming, which was chaired by State Rep. Dan Shaul, R-Imperial.

During an October 2019 hearing, Chairman Shaul predicted that whichever sides loses the Platte County case would appeal to the Missouri Supreme Court.

The Missouri State Highway Patrol testified at that hearing, saying the number of complaints about illegal gambling in Missouri quadrupled in 2019. Most of those complaints were about alleged illegal slot machines.

The Missouri Gaming Commission testified in 2019 that any illegal gaming machines used in Missouri negatively impact casinos and the state Lottery, reducing taxes and funding for education and veterans.

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.

State lawmaker and rancher hopeful that Missouri will get cattle slaughter facility (AUDIO)

June 2, 2020 By Brian Hauswirth

A veteran state lawmaker who has served on the House Agriculture Policy Committee for eight years says Missouri needs a cow processing plant.

State Rep. Warren Love, R-Osceola, is also a rancher. He notes Missouri is second in the nation in cow numbers.

State Rep. Warren Love, R-Osceola, attends the Joint Committee on Agriculture hearing in Jefferson City on May 28, 2020 (photo courtesy of Tim Bommel at House Communications)

“I don’t know that we can justify what I call a processing plant to justify processing what I call fed-cattle, most of those are further west of us. But we have a lot of cows in Missouri,” Love says.

Love, whose western Missouri district includes Warsaw and Wheatland, attended the recent legislative Joint Committee on Agriculture hearing in Jefferson City. He is pleased to hear the news from State Rep. Don Rone, R-Portageville, that an effort is underway to get a cattle slaughter facility in Missouri.

“And if you draw a 100-mile circle around Joplin, Missouri, you’re going to find a lot of cows. And I believe we can justify a cow processing plant of size big enough to compete,” says Love.

Love, a Missouri Cattlemen’s Association member, says there was a cattle slaughter facility years ago in western Missouri’s Rockville, which is in Bates County. Rockville is west of Osceola.

Love says the Rockville plant was used by cattle producers across southwest Missouri, as well as southeast Kansas, northeast Oklahoma and northwest Arkansas.

During last week’s hearing, Representative Rone testified that he and State Rep. Dan Shaul, R-Imperial, met recently with retailers and meat wholesalers.

“This would be a processing plant in Missouri, for Missouri for Missouri-grown cattle and to be sold in Missouri,” Rone says.

Rone emphasizes the effort is in its very early stages, telling Missourinet we’re a “long way from brick-and-mortar.” A specific region hasn’t been selected.

Joint Committee on Agriculture Chairman Mike Haffner, R-Pleasant Hill, supports the plan. Supporters of the proposal hope to form a working group by July.

Click here to listen to the full interview between Missourinet’s Brian Hauswirth and State Rep. Warren Love, R-Osceola, which was recorded at the Missouri Capitol in Jefferson City on May 28, 2020:

Missouri lawmakers hope to see a cattle slaughter facility in the Show-Me State (AUDIO)

May 29, 2020 By Brian Hauswirth

Two state lawmakers testified Thursday in Jefferson City that an effort is underway to get a cattle slaughter facility in Missouri.

Joint Committee on Agriculture Chairman Mike Haffner, R-Pleasant Hill, speaks about the importance of a cattle slaughter facility during a hearing on May 28, 2020 in Jefferson City (photo courtesy of Tim Bommel at House Communications)

State Reps. Don Rone, R-Portageville, and Dan Shaul, R-Imperial, testified before the Joint Committee on Agriculture. Rone says he and Shaul participated in a conference call this week with retailers, grocers and meat wholesalers.

“This would be a processing plant in Missouri, for Missouri for Missouri-grown cattle and to be sold in Missouri,” Rone says.

Rone, who chairs the House Agriculture Policy Committee, emphasizes the effort is in its very early stages. He tells Missourinet we’re a “long way from brick-and-mortar.”

A specific region hasn’t been selected.

Representative Shaul, who heads the Missouri Grocers Association, says Missourians are interested in locally raised and locally harvested agricultural products.

“What COVID has shown us is that there is a weakness in our supply chain, and the consumers of Missouri want Missouri product and we want to be able to give it to them at retail,” says Shaul.

He says the aim is to get Missouri-made products processed here and sold to Missourians.

Joint Committee on Agriculture Chairman Mike Haffner, R-Pleasant Hill, supports the plan.

“And there’s one thing that the COVID crisis has shown us is that we in Missouri need to take care of our own,” Haffner says. “We don’t necessarily from a legislative format do a very good job of that.”

Supporters of the proposal hope to form a working group by July. Many of Missouri’s commodity groups attended Thursday’s hearing.

The Missouri Department of Agriculture (MDA) also participated in the hearing, and MDA Director Chris Chinn serves on the Joint Committee on Agriculture.

State Rep. Warren Love, R-Osceola, who’s served on the House Agriculture Committee for eight years, traveled to Jefferson City to listen to the discussion and testimony. He tells Missourinet that the state deserves a cow processing plant.

Love notes Missouri is second in the nation in cow numbers.

Click here to listen to Brian Hauswirth’s interview with Missouri House Agriculture Policy Committee Chairman Don Rone, R-Portageville, which was recorded on May 28, 2020 at the Statehouse in Jefferson City:

Lawmakers to hear update on Missouri slaughter facilities and economic impact from COVID-19

May 23, 2020 By Brian Hauswirth

We’ll learn more details next week about the impact of the coronavirus on local slaughter facilities in Missouri.

State Rep. Mike Haffner, R-Pleasant Hill, speaks on the Missouri House floor in Jefferson City on May 11, 2020 (file photo courtesy of Tim Bommel at House Communications)

The Joint Committee on Agriculture plans a Thursday morning hearing at the Statehouse in Jefferson City. The committee will meet at 9 a.m.

The committee’s co-chairs are State Rep. Mike Haffner, R-Pleasant Hill, and State Sen. Justin Brown, R-Rolla.

Haffner’s office tells Missourinet that the joint committee will hear a general overview about how production lines at slaughter facilities are influenced by COVID-19, and the responses to it. Haffner’s office says State Reps. Dan Shaul, R-Imperial, and Don Rone, R-Portageville, will present the update.

Shaul and Rone plan to discuss the current economic issues that local slaughter facilities are having due to COVID-19 and how that financially impacts Missouri’s cattle industry, according to Haffner’s office.

Shaul also heads the Missouri Grocers Association.

The $35.2 billion operating budget approved by state lawmakers this month contains $20 million for Missouri meat processing facilities, impacted by COVID-19. House Budget Committee Chairman Cody Smith, R-Carthage, says it’s for plants with less than 200 employees, for support, workforce assistance, equipment and capital improvements.

The Joint Committee on Agriculture will also hear testimony on Thursday from Missouri commodity groups and agricultural organizations about their economic impact, specifically their contribution to state and local tax revenues.

The Missouri Department of Agriculture (MDA) plans to present on Thursday, along with B.J. Tanksley of the Missouri Farm Bureau and Casey Wasser of the Missouri Soybean Association. Dr. Scott Brown of the University of Missouri and Tony Clayton of Clayton Agri-Marketing are also scheduled to present, along with the state Department of Natural Resources (DNR).

Missouri Legislature gives final approval to absentee ballot legislation; photo ID requirement stripped out

May 15, 2020 By Brian Hauswirth

Absentee ballot legislation that expands voting by mail through the rest of 2020 is on its way to Missouri Governor Mike Parson’s desk, after receiving final approval from the House in Jefferson City on Friday evening.

State Rep. Dan Shaul, R-Imperial, speaks about absentee ballot legislation on the Missouri House floor in Jefferson City on May 15, 2020 (photo courtesy of Tim Bommel at House Communications)

The final House vote was 121-24, and came with about 30 minutes to spare before the mandatory 6 p.m. adjournment.

State Rep. Dan Shaul, R-Imperial, who chairs the Missouri House Elections and Elected Officials Committee, is the bill sponsor.

There are two but separate options under the Shaul bill.

The first expands absentee voting to those 65 and older, or who are vulnerable to COVID-19. Elderly people are considered at greater risk. 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.

Missouri Secretary of State Jay Ashcroft, a Republican who campaigned on a platform of photo ID in 2016, tweeted his disappointment on Friday. He’s disappointed that the photo ID requirement was stripped out of the final bill.

But Secretary Ashcroft emphasized that his office will implement and follow the law.

The bill given final approval this evening also contains an emergency clause, which passed with bipartisan support. If Governor Parson signs it, it will be in effect for the August primary election.

House Speaker Elijah Haahr, R-Springfield, praises the bill, saying it is the result of compromise. Haahr tells Capitol reporters that the bill passed with bipartisan support, adding that it also faced criticism from lawmakers in both parties.

House Minority Leader Crystal Quade, D-Springfield, agrees it’s a compromise. She says the bill on the governor’s desk will allow many Missourians who are concerned about the health risks from crowded polling places to cast an absentee ballot or to vote by mail.

And the American Civil Liberties Union (ACLU) wants lawmakers to go further in the future. In a statement to Missourinet, the ACLU notes the measures approved by lawmakers will expire at the end of 2020.

“We are glad to see the Missouri Legislature act to expand the right to vote, we hope they will continue to do so in sessions to come,” the ACLU says, in the statement.

Missouri grocers working with attorney general to prevent gouging during pandemic (AUDIO)

March 26, 2020 By Brian Hauswirth

Missouri’s attorney general is teaming up with the Missouri Grocers Association (MGA), to protect you from any potential price-gouging during the COVID-19 outbreak.

State Rep. Dan Shaul, R-Imperial, speaks on the Missouri House floor in Jefferson City on March 2, 2020 (file photo courtesy of Tim Bommel at House Communications)

State Rep. Dan Shaul, R-Imperial, heads the 1,300 member MGA. He told the attorney general’s office last week that there will be upward price pressure on some commodities, due to the rapid sale of them.

“We’re (the attorney general’s office and MGA) working together to make sure, one, to protect the consumers of the state, to make sure they’re getting a fair deal on their food,” Shaul says. “But also making sure that the businesses in Missouri aren’t subject to frivolous complaints.”

Shaul notes egg prices are continuing to rise, and he expects some relief on that next week.

He tells Missourinet the aim of the partnership with Schmitt’s office is to provide you with food at a reasonable price, and to protect retailers from “bad actors.”

“Anytime you have a crisis like this, the majority of the grocery industry in Missouri is acting properly, and doing what they can to meet the needs of the citizens of Missouri,” says Shaul.

He says the grocery industry is working tirelessly to serve their communities, during the pandemic. Shaul says Missouri’s grocery workers and retailers have answered the call from Missourians for food.

But he also agrees with Schmitt’s position that “there are a few bad actors that may cast Missouri’s hardworking grocers in a bad light.”

Consumers who see price gouging at their stores can call Schmitt’s office at 1-800-392-8222.

Missouri’s governor says many residents have seen empty grocery store shelves, and emphasizes this is a demand issue and not a supply one. Governor Mike Parson says Missouri’s food supply remains strong, adding that the state’s farmers, ranchers and grocers are working hard to restock shelves quickly.

Click here to listen to the full six-minute interview between Missourinet’s Brian Hauswirth and Missouri Grocers Association President Dan Shaul, which was recorded on March 26, 2020:

Missouri House oversight committee to hear additional sports wagering bills this week

February 23, 2020 By Brian Hauswirth

A Missouri House oversight committee will hear testimony Tuesday in Jefferson City from the Budget Committee chairman on his proposal involving sports wagering.

Missouri House Budget Committee Chairman Cody Smith (left) and House Majority Floor Leader Rob Vescovo, R-Arnold, visit on the House floor in Jefferson City on May 9, 2019 (file photo courtesy of Tim Bommel at House Communications)

The House Special Committee on Government Oversight will hold a Tuesday afternoon hearing on the legislation from House Budget Committee Chairman Cody Smith, R-Carthage.

Under Smith’s 15-page bill, all sports wagering would be conducted on Missouri’s 13’s licensed riverboat casinos, and on the internet.

Chairman Smith’s bill, House Bill 2284, would require the 13 casinos to come up with standards to detect and prevent compulsive gambling. It would also require the casinos to ensure that their surveillance system covers all areas where sports wagering is conducted.

Major League Baseball (MLB) representatives traveled to Jefferson City in November to testify before the Missouri House Special Interim Committee on Gaming. MLB representative Jeremy Kudon testified that Missourians would wager $5.5 billion annually on sports, if it’s legalized.

During his November testimony, Kudon predicted that Missouri casino operators would make about $376 million a year from that, and that Missouri would receive about $37 million annually in taxes.

Smith’s bill is different from a separate bill from State Rep. Dan Shaul, R-Imperial, who chaired the interim gaming committee.

The Shaul bill, which is waiting for House floor debate, would legalize sports wagering and slot machines. It would also allow them in “entertainment districts” such as Kansas City’s Power and Light District and the Ballpark Village area in downtown St. Louis.

The Smith bill doesn’t mention slot machines, which have been a controversial issue. The Missouri State Highway Patrol testified in October that the number of complaints it’s received about illegal gambling has increased from 39 in 2018 to at least 145 in 2019. Most of those complaints were about alleged illegal slot machines.

State Rep. Phil Christofanelli, R-St. Peters, has also filed a sports wagering bill. The Christofanelli bill will also be heard Tuesday afternoon by the oversight committee.

The Christofanelli bill is similar to the Shaul bill.

Sports wagering bill is now heading to Missouri House floor

January 29, 2020 By Brian Hauswirth

Legislation that would legalize sports wagering and slot machines was approved by a Missouri House committee in Jefferson City on Tuesday.

State Rep. Dan Shaul, R-Imperial, speaks at the Missouri Capitol in Jefferson City on August 22, 2019 (file photo courtesy of Tim Bommel at House Communications)

The comprehensive 31-page gaming bill, which is sponsored by State Rep. Dan Shaul, R-Imperial, will now head to the House floor.

The bill is House Bill 2088.

The House Special Committee on Government Oversight also voted to approve an amendment from Shaul, to allow sports wagering and slot machines in “entertainment districts.”

“What this does is basically allows (the) Power and Light District (in Kansas City) and also Ballpark Village areas to become an entertainment district so that they could also do sports betting and VLT’s,” Shaul testifies.

VLT’s, known as video lottery terminals, are slot machines. State Rep. Peter Meredith, D-St. Louis, asked about the amendment’s language.

“Are we sure that it’s limited to those two (Power and Light and Ballpark Village), with these definitions,” Meredith asks Shaul.

“I believe before this bill is done, they’ll be some expansion of that to some other players that will want to be involved,” Shaul responds.

Missourinet checked with Shaul’s office after the hearing, to confirm specifics about the language. Shaul’s office says Ballpark Village and Power and Light are examples of entertainment districts and possible locations for the sports betting and VLT’s.

The slot machine issue has been a high-profile issue at the Missouri Capitol, dominating discussion at several House interim gaming hearings in the fall. The Missouri State Highway Patrol testified in October that the number of complaints it’s received about illegal gambling has increased from 39 in 2018 to at least 145 in 2019. Most of those complaints were about slot machines.

Shaul’s legislation would allow the Missouri Lottery Commission to implement a system of video lottery game terminals and to issue licenses to video lottery game manufacturers, distributors, operators and handlers.

Under the Shaul bill, the video lottery terminals would be connected to a centralized computer system developed by the Lottery Commission. No terminal could be placed in operation without connecting to that system, under the bill.

The Shaul bill says that truck stops and fraternal organizations could operate up to ten video lottery terminals at one location. Bars could operate up to five slot machines, at one location.

It also prohibits those under 21 from playing the slot machines.

As for the overall bill, Shaul says 18 states will have implemented sports wagering, by the end of 2020. It will be heading to the House floor.

Representative Meredith says the legislation should go to a statewide vote, noting the Missouri Lottery’s creation and other major gaming issues went to voters.

“This would be the first major expansion of gambling in our state ever to not go to a vote of the people,” Meredith says. “The vote of the people who even have to vote to change the rules on bingo.”

Meredith is referring to a statewide vote in November 2018, involving bingo. His amendment was defeated in committee.

A Major League Baseball (MLB) representative testified before Shaul’s House committee in Jefferson City in November, predicting that Missourians will wager $5.5 billion annually on sports, if it’s legalized.