08 Monday Dec 2008
Posted in Uncategorized
An excellent three minute example of American musical theatre from composer Mark Shaiman. It has a sense of humor, a famous cast, and a paean to capitalism for the big ending. What’s not to like? This musical is destined to become a classic.
08 Monday Dec 2008
Posted in Uncategorized
Whatever you call them (I’ll just call them early Xers), the numbers are clear: Compared with every other birth cohort, they have performed the worst on standardized exams, acquired the fewest educational degrees and been the least attracted to professional careers. In a word, they’re the dumbest.
Obviously, we’re talking averages. No one would apply the word “dumb” to Barack Obama (born in 1961) or Timothy F. Geithner, his nominee for secretary of the Treasury (born in the same month). Yet the president-elect himself has written eloquently about how hard it was for him and his peers to obtain a serious education during their dazed-and-confused teen years. Like it or not, Alaska Gov. Sarah Palin (born in 1964), who stumbled over basic civics facts during her vice presidential run, is more representative of this group. Early Xers are the least bookish CEOs and legislators the United States has seen in a long while. They prefer sound bites over seminars, video clips over articles, street smarts over lofty diplomas. They are impatient with syntax and punctuation and citations — and all the other brainy stuff they were never taught.
Want proof? Let’s start with the long-term results of the National Assessment of Educational Progress (NAEP), which is housed within the U.S. Department of Education. Considered the gold standard in assessing K-12 students, the NAEP has been in continuous operation for decades. Here’s the bottom line: On both the reading and the math tests, and at all three tested ages (9, 13 and 17), the lowest-ever scores in the history of the NAEP were recorded by children born between 1961 and 1965.
The same pattern shows up in SAT scores. The SAT reached its all-time high in 1963, when it tested the 1946 birth cohort (including such notables as Gilda Radner and Oliver Stone). Then it fell steeply for 17 straight years, hitting its all-time low in 1980, when it tested the 1963 cohort (Mike Myers, Quentin Tarantino). Ever since, the SAT has been gradually if haltingly on the rise, paralleling improvements in the NAEP. In 2005, teens born in 1988 scored better on the combined SAT than any teens born since 1956 — and better on the math SAT than any teens born since 1951.
Gee…go figure. We grew up in the seventies, raising ourselves because our parents were worthless. We were the generation of divorce and single parents and free lunches and food stamps. We got ourselves off to school because our mothers were already off to work by the time we got up, or left as soon as we were awake, and there was no one there when we came home in the afternoon. Sociologists even coined a term to describe us: Latchkey kids. Everybody over thirty had a drink in their hand and and a medicine chest full of mood-altering drugs, and everyone under thirty had a straw in their nose. We had a lot of stellar examples of what not to be when we grew up.
It wasn’t a Leave it to Beaver world we grew up in, that’s for damned sure.
But we came out of our screwed up childhoods determined to do better by our own children, and we did. And we will hang on to the mantle of the stupidest generation. It was cast upon us by our parents, who were selfish and altered and worthless. But we will cling to it because the alternative is to be as pathetic as our parents were and cast it upon our own children. And most of us vehemently declare “over my dead body” and mean it. Our kids have turned it around and score better than any birth cohort since 1951.
And hey – while the cocktail party people who screwed us over are still alive, maybe the academics will delve into why we are less educated and accomplished, and place the blame where it belongs, at the feet of our selfish parents who thought that childrearing could be done on their terms and we would just have to deal.
08 Monday Dec 2008
Posted in Uncategorized
Check out the end of the post for (1) a call for St. Louis bloggers, (2) voting for St. Louis’s Grinch of the Year, and (3) a project called Camp Hope.
But first, here are this week’s events:
Monday, Dec. 8. There’s a fundraiser for Alderman Kacie Starr Triplett at Crepes in the City, 500 N. 14th Street, from 5 PM to 7:30. More info is at this page.
Also Monday, there’s going to be a “read-in” of banned and censored material by special guests including elected school board member Peter Downs, Post-Dispatch Columnist Sylvestor Brown, St. Louis American Columnist Jamala Rogers and many more as part of a celebration of readers’ rights. The event is from 6 to 8 PM at Legacy books on 5429 Delmar, and you can get more infomation here.
Also Monday, local blogger Steve Patterson is going to be on Collatoral Damage at 7 PM, and a representative from the St. Louis Instead of War Coalition will be speaking on Topic A at 7:30. Both programs are on 88.1 KDHX, and you can link to audio streams via the KDHX site.
Tuesday, Dec. 9. The St. Louis City chapter of Amnesty International has a meeting the 2nd Tuesday of every month at 7 PM. This month, the meeting will be Amnesty’s annual holiday party, at Duff’s in the Central West End, 392 North Euclid.
Wednesday, Dec. 10. A Day Without Gay. Continuing the momentum from the recent amazing rallies, supporters of LGBTQ civil rights across the country are organizing events to educate the public. In St. Louis, Show Me No Hate has organized a teach-in at the Tivoli from 9 AM to 3:30 PM, concluding in a showing of “Milk” at 4:15. You can get more info at the facebook page.
Also Wednesday, Dec. 10 is Human Rights Day. There will be a celebration at the Missouri History Museum at 7 PM featuring a panel of experts and readings from the winners of a student essay contest. The History Museum is located on the corner of DeBaliviere and Lindell and you can get more info here.
Thursday, Dec. 11. The race is on for this year’s Grinch of the Year. Join the party and cast some votes at the “Grinch of the Year Holiday Happy Hour” at Teamsters Local 688 on 4349 Woodson Road starting around 5:30. To get more info about this year’s nominees and the event, go here or go to this link to vote online.
Also Thursday, Amnesty International at Lafayette High School is showing the movie Invisible Children about child soldiers in Uganda. They’ll also be selling Fair Trade chocolate and coffee. The event is from 6 to 8 PM and you can find out more here.
Friday, Dec. 12. I-squared, the Young Friends Network of the International Institute of St. Louis, is hosting a Happy Hour at the Scottish Arms (8 South Sarah St.) from 6 PM to 8 PM. You can find out more at this link, and they do want people to RSVP.
Also Friday, Udi and his Fellow Villagers, who played funk music for last year’s protests of Alberto Gonzales, are releasing some new material. Check it out here and, if you like what you hear, join the fan page.
Saturday, Dec. 13. Saturday, Dec 13. Black Bear Bakery is having its monthly Brunch Benefit for KDHX 88.1FM from 9am to 2pm, 2639 Cherokee. Plus a reading from the new book at 230pm: “Are We Feeling Better Yet? Women Speak About Health Care in America,” edited by Colleen McKee and Amanda Stiebel. The book has been described as, “a brutally honest, embodied reading that celebrates women’s strengths.” More info at http://www.blackbearbakery.org .
Also Saturday, the Doerr Center for Social Justice Education is sponsoring a showing of “What Would Jesus Buy,” a documentary by Morgan Spurlock. The event is at 1:30 in the Carlo Auditorium of Tegler Hall, 3550 Lindell Blvd, and you can find out more at the IOW calendar.
And, as mentioned above, here are some updates of stuff going on around St. Louis:
(1) A group of us will soon be creating an “aggregator” website that links to posts on local, state, and national politics from St. Louis bloggers. The idea behind the project is to connect the dispersed St. Louis blogging population and to further build an online community.
(2) Voting is going on for St. Louis’s “Grinch of the Year.” Find out more about the candidates and cast your votes at http://www.stl-jwj.org/ .
(3) Several St. Louisans have played a role in a cool project called Camp Hope. To find out more about it, go to this link.
07 Sunday Dec 2008
Posted in Uncategorized
The Missouri Democratic Party State Committee met in Columbia yesterday and elected Craig Hosmer its new chair (don’t fret, this reorganization is done every two years).
Democrats chose Hosmer to lead state party
Former state Rep. Craig Hosmer of Springfield has been named chairman of the Missouri Democratic Party.
The Springfield lawyer and current Greene County Democratic Party chairman will replace John Temporiti, who officially stepped down from the post today at a party reorganization meeting in Columbia.
Hosmer was Gov.-elect Jay Nixon’s top pick for the job after Nixon won Greene County in the Nov. 4 election. Hosmer was Nixon’s campaign treasurer…
[emphasis added]
On Thursday the Missouri Democratic Party issued the following release:
Temporiti Stepping Down As Missouri Democratic Chair Following Historic Election Cycle
Democrats Now Hold 5 of the 6 Statewide Offices, Including Governorship
FOR IMMEDIATE RELEASE
Thursday, December 04, 2008JEFFERSON CITY, Mo. — Missouri Democratic Party Chairman John Temporiti announced today that he is stepping down as party chairman following a historic election cycle that saw Missouri Democrats capture five of the six statewide offices, including the governorship.
Temporiti will hand over the chairmanship at the party’s reorganization meeting this Saturday in Columbia. At that time the Democratic State Committee will select a new chairman in consultation with Gov.-elect Nixon and the other Democratic elected officials to serve for the next election cycle.
“It has been an absolute honor to lead the party at such a historic time,” Temporiti said. “I’m proud of the job the party has done in expanding the electoral map for Missouri Democrats. The advancements we have made over the last couple of years paid dividends in November and will continue to do so for years to come. By stepping down now, it will give the next chairman of the party the entire election cycle to implement a new agenda, and will allow me to stand ready to serve Gov.-elect Nixon’s administration in any way possible.”
Nixon and the other Democratic officials praised Temporiti tenure as chairman and credited his leadership for the Democratic gains in November.
“A key factor in last month’s Democratic victories was the seamless working relationship our campaigns enjoyed with the Missouri Democratic Party,” said Gov.-elect Jay Nixon. “It is a testament to John’s leadership that Democrats have made such positive gains in Missouri. I value his work ethic and friendship and will continue to seek his participation as we work to move Missouri forward.”
Temporiti is an attorney at the St. Louis law firm of Gallop, Johnson and Neuman. He previously served as Chief of Governmental Affairs to St. Louis County Executive Charlie Dooley. Temporiti’s executive experience includes positions as President and CEO of both Mayflower Transit and Vanliner Insurance Company. From 1981-1985 Temporiti served as Chief of Staff to St. Louis City Mayor Vince Schoemehl.
# # #
Craig Hosmer ran for the state senate in Greene County in 2002:
Official Election Returns
State of Missouri General Election – 11/5/2002
Tuesday, November 05, 2002
As announced by the Board of State Canvassers
on Thursday, November 21, 2002State Senator – District 30 – Summary
Hosmer, Craig DEM 24,419 48.5%
Champion, Norma (Aunt Norma) REP 25,915 51.5%
Total Votes 50,334
Whoa, that was close. In Greene County. In a bad year for Democrats. It’s obvious he knows a thing or two about running for office.
07 Sunday Dec 2008
Posted in Uncategorized
I have known Alvin for almost as long as I have lived in Kansas City, and I think the world of him. I met him years ago in the trauma bay of one of our inner city emergency rooms after a drug-related multiple shooting. Alvin is a blessing on this city and in my opinion he is the Citizen of the Year every year. He has served this city for over thirty years, first as a police officer. He was the Mayor Pro Tem for Kay Barnes and he is the founder of the Ad Hoc Group Against Crime. He is a tireless example of everything that is right with my city, my party and my community.
And I failed him.
I made the biggest political mistake of my life when I supported Mark Funkhouser for Mayor. I should have thrown my support to the man I knew. But I wanted a stop put to the TIF madness that did get a bit out of control during the Barnes administration. I have apologized to him in person and he has graciously forgiven me, but this is the kind of error in judgment that requires public contrition.
In the days after the 2006 midterms, I turned my attention to the upcoming municipal elections, and I wrote a post at my original blog (it seems to have disappeared into the ether or I would link it) calling for him to run, and stating unequivocally that if he didn’t run, we should draft him.
He had been the voice of reason and a steady hand during his 18 years as city auditor, and had locked horns with Mayor Barnes over the TIF issue. I thought he would rein them in and use them wisely to spur development and community betterment on the east side, and his track record as auditor inspired confidence that he would be the right person to navigate us through some rough financial waters.
That is what I supported and voted for. That is not what I got. What I got was a three ring circus that is nothing short of a national embarrassment. People from Arkansas are making jokes about how the Funkhousers make the Palins look classy!
He managed to balance the books for this city of 450,000 and do his job as auditor for eighteen years without his wife at his side. Councilman Ed Ford was quoted in the national media saying “I knew Mark for almost 18 years as auditor and didn’t even know he was married. It’s not like he needed his wife when he was auditor. I think we were all surprised that he felt she was so indispensable once he became mayor.” Frankly, anything that gives Ed Ford and the chuckleheads ion the city council that sort of attention is a sin against nature.
I’m surprised, too.
It isn’t like she is politically savvy.
Let me tell you about my one interaction with her. Some of you may be aware of a hissy-fit I threw a year and a half ago that resulted in some signs taken down from Metro buses. I contacted the Mayor’s office to inform them that the signs were up and needed to come down, that the law had been struck down, and they might be in violation of federal civil rights laws.
The response that I got from Ms. Squitiro surprised me with it’s naivety, and I knew she was playing out of her league. Her response was not one that indicated she even understood what I was talking about. Instead, she was surprised that the ads were placed, because when she contacted the Metro offices to inquire about placing ads on buses during the campaign, she was told that they didn’t do political ads. It struck me that she didn’t see the distinction between candidate ads and public service announcements.
Trivial, I know, but it was an early warning to a political junkie that she was out of her element. This was before the Bates lawsuit and before the flap over her parking her plump little butt outside the door of his office and appointing herself the gatekeeper and the anti-nepotism ordinance that the council passed to keep her out of the office and before Funk started working from home to stave off the separation anxiety.
The endless chain of distractions has undermined the entire administration and damaged the image of the city. We have high standards for our mayors. We elect men like Emanuel Cleaver and Richard Berkley and Charles Wheeler and honor them by naming major streets, parks and airports after them. Something tells me that we aren’t going to be similarly lauding the Funk any time soon.
06 Saturday Dec 2008
Posted in Uncategorized
Tags
120th Legislative District, 121stLlegislative District, campaign finance, Ed Martin, republicans
The 30 Day After Election Reports (pdf) from candidates and committees were due on December 4th. There’s always a good chance you’ll run into something interesting when you root around the on-line reports at the Missouri Ethics Commission site.
For instance, there were two open seat legislative races in west central Missouri which looked to be good Democratic pick up opportunities this cycle. The Democratic candidates were excellent (and a sign of strong recruiting). The republican candidates appeared to be rather lackluster. The results in the November General Election were not good, though:
Official Election Returns
State of Missouri General Election – 2008 General Election
Tuesday, November 04, 2008
As announced by the Board of State Canvassers
on Tuesday, December 02, 2008State Representative – District 120 – Summary
Precincts Reporting 41 of 41Largent, Scott N. REP 8,893 51.0%
Kenney, Kristi L. DEM 8,540 49.0%
Total Votes 17,433
Official Election Returns
State of Missouri General Election – 2008 General Election
Tuesday, November 04, 2008
As announced by the Board of State Canvassers
on Tuesday, December 02, 2008State Representative – District 121 – Summary
Precincts Reporting 7 of 7Hoskins, Denny L. REP 7,004 50.5%
Jackson, Jim DEM 6,875 49.5%
Total Votes 13,879
Both Democratic candidates lost by small margins (though the 121st Legislative District race is going to be recounted next week). What happened? Money. Lots of it.
Remember the Missouri Club for Growth back in the August primary? They were at it again in the general election. Let’s take a look at a slice of the pie, via the Missouri Ethics Commission:
Detailed Summary of Expenditures And Contributions Made
Committe[e]: MISSOURI CLUB FOR GROWTH COMMITTEE
Report[ ]Date: 11/5/2008B. ITEMIZED EXPENDITURES ALL OVER $100 AND ALL PAYMENTS TO CAMPAIGN WORKERS
Victory Enterprises Davenport, IA 52802 11/04/2008 Opposition Research $2,200.00
Victory Enterprises Davenport, IA 52802 11/04/2008 Radio Production hd 121 $250.00
Victory Enterprises Davenport, IA 52802 11/04/2008 Radio Production for HD Kenney $250.00
[emphasis added]
Just a reminder:
CONTINUING Date Established:6/6/2008
Date Terminated:
MECID:C081296
MISSOURI CLUB FOR GROWTH COMMITTEE
ST LOUIS MO 63109
TREASURER: ED MARTIN
ST LOUIS MO 63109
[emphasis added]
Detailed Summary of Expenditures And Contributions Made
Committe[e]: MISSOURI CLUB FOR GROWTH COMMITTEE
Report[ ]Date: 10/29/2008B. ITEMIZED EXPENDITURES ALL OVER $100 AND ALL PAYMENTS TO CAMPAIGN WORKERS
Victory Enterprises Davenport, IA 52802 10/28/2008 Radio for Scott Largent, H-120 $1,439.46
Victory Enterprises Davenport, IA 52802 10/28/2008 Radio for D Hoskins, HD 121 $1,556.25
[emphasis added]
Where did all that money come from?:
Detailed Summary of Contributions And Loans Received
Committee: MISSOURI CLUB FOR GROWTH COMMITTEE
Report Date: 10/27/2008A. ITEMIZED CONTRIBUTIONS RECEIVED FROM COMMITTEES REGARDLESS OF THE AMOUNT, OR FROM PERSONS GIVING MORE THAN $100 TO A COMMITTEE.
Missouri Club for Growth Columbia, Mo 65201 10/27/2008 50000 [aggregate contribution to date] $25,000.00
[emphasis added]
Detailed Summary of Contributions And Loans Received
Committee: MISSOURI CLUB FOR GROWTH COMMITTEE
Report Date: 10/15/2008Missouri Club for Growth Columbia, Mo 65201 7/29/2008 $25,000.00
[emphasis added]
There’s something familiar about the name of that contributor. I just can’t quite put my finger on it.
The Missouri Club for Growth incorporated as a non-profit (pdf) in Missouri on September 27, 2007. The Board of Directors at that time? Bob Behnen, Larry Schuster, and Robert Willard. The Missouri Secretary of State also has the 2008 Annual Registration Report (Non Profit) for the Missouri Club for Growth (pdf) filed on July 29, 2008. The Executive Director? Ed Martin. The Board of Directors? Michael J. Crumblis, Rob Willard, Larry Schuster, Robert J. Behnen.
I didn’t happen to notice a 30 Day After Election Report for the fine civic minded namesake committee:
A snapshot of the available on-line Missouri Ethics Commission 2008 campaign finance filings for the Missouri Club for Growth Committee. Taken on December 6, 2008.
Maybe they’re really busy with something else these days. Or, maybe there’s a backlog at the Missouri Ethics Commission.
Hey, Ed Martin, come on down and explain all those expenditures and where the money came from! And once you’re here we’ve got a bunch of questions to ask you about the governor’s e-mails.
06 Saturday Dec 2008
Posted in Uncategorized
It seems that Matt Blunt’s future plans not only include a lucrative position in the auto-salvage industry on the Board of Directors of Copart, Inc., but he is looking at other offers for simultaneous employment. According to a Blunt spokesman:
“It is my understanding this is not the only position he will hold, and he is exploring a number of options with different employers and this board position is one of them,” Chrismer said.
So explaln to me, please, just what Blunt has to offer that will justify multiple appointments with generous renumeration in $$ and stock. What value will he render in return and how will he find time to render it to all those buyers? It isn’t like he was really such great shakes at being governor, afterall. In a formal news release, Copart’s president suggested that:
“Gov. Blunt will add tremendous value to Copart’s board with his experience in public policy and fiscal management,” …”We are looking forward to the unique perspective he will bring to the board with his public service background.”
Hunhh! Just what does he mean by unique perspective? The company would not make any further comment when contacted by the Post-Dispatch so I get no help from that source.
Of course, since Blunt is raking in these employment offers in the private sector on the basis of “skills” he acquired on the Missouri payroll, perhaps he will pay back the nearly 1,000,000 dollars it is costing the taxpayers to defend his allegedly illegal and probably criminal violations of the sunshine laws?
06 Saturday Dec 2008
Posted in Uncategorized
Tags
Barack Obama outlined his economic recovery plan in today’s weekly address:
The plan includes infrastructure investment – roads, bridges, schools, technology. And it will come with a few rules for states – “use it, or lose it”. That’s important. The stimulus won’t work at creating jobs if states hold it and it’s not spent.
05 Friday Dec 2008
Posted in Uncategorized
A lot of my posts here pertain to corporate responsibility– most specifically and most often, with the halting attempts of America’s largest retailer to fully grasp and embrace the meaning of that term, especially as it pertains to its employees, here in Missouri and around the country.
This is because of my association with Wake-Up Wal-Mart and my dedication to the group’s agenda.
Generally in this pursuit, I oscillate between a tone of detached snark and one of outraged derision toward the company, so I’ve been fairly described as having “an axe to grind.”
But I’ve been speechless since Black Friday. No snark, and it’s hard to even muster outrage. There was a great thread on Daily Kos on the events of that day, and since that point we’ve learned that the name of the brave deceased worker is Jdimytai Damour.
It’s been a week, and I still don’t know what to say, but Meghan Scott of Wake-Up Wal-Mart has issued the following statement:
“While this is not the time for pointing fingers, it is critical that we examine what caused this tragedy, and how we prevent more families from suffering such a loss. It appears that Mr. Damour’s senseless death resulted from Wal-Mart’s negligence and need for huge sales on Black Friday.
“The retail giant had a responsibility to ensure its workers were safe, but instead, Wal-Mart once again placed profit ahead of people. This is an incredibly sad and extreme example of Wal-Mart’s ongoing mistreatment of the people who work in the stores. From poverty-level wages to healthcare that is priced out of reach, to 1.6 million women forced to sue for equal pay, America’s largest private employer continues to fail its workers at the holidays and throughout the year. Wal-Mart’s low prices should not come at such a high cost to the people who work in the stores. Last Friday, Mr. Damour paid the ultimate price.”
What’s going on in America?
Please share your thoughts in the comment thread.
05 Friday Dec 2008
Posted in Uncategorized
There will be a recount in the 121st Legislative District race. What follow are the documents pertaining to the proceedings in a recount.
“Notification of Recount” for the 121st Legislative District race from Missouri Secretary of State Robin Carnahan.
STATE OF MISSOURI
Office of
Secretary of StateNOTIFICATION OF RECOUNT
Pursuant to Section 115.601, 3, RSMo.THE MISSOURI SECRETARY OF STATE
To the Johnson County Clerk:
WHEREAS, I have been duly notified that the results of the General Election November 4, 2008 for the Office of State Representative, District 1211, established the defeat of one candidate by less than one percent of the votes cast; and
WHEREAS, I have been requested by Jim Jackson, the candidate who received the second highest number of votes and was defeated by less than one per cent of the votes cast, to hold a recount of the votes in the race for State representative, District 121, pursuant to Section 115.601, RSMo.
NOW THEREFORE, I ROBIN CARNAHAN, SECRETARY OF STATE OF MISSOURI, do hereby issue this Notification of Recount to the Johnson County Clerk and further authorize the Johnson County Clerk to recount the ballots cast in his jurisdiction during the November 4, 2008, General Election for the Office of State Representative, District 121. The recount of ballots in this jurisdiction shall be conducted according to procedures directed by the Secretary of State. The Johnson County Clerk shall certify and deliver results of this recount to the Secretary of State’s Office on or before December 19, 2008.
[Seal of the Secretary of State]
IN TESTIMONY WHEREOF, I
herunto set my hand and affix the
Seal of my office. Done at the City
of Jefferson, this 4th day of December,
2008.[signed: Robin Carnhan]
Secretary of State
The Secretary of State’s office issued a memo outlining the documents and procedures used in the recount:
ROBIN CARNAHAN
SECRETARY OF STATE
STATE OF MISSOURI
PO BOX 1767 • JEFFERSON CITY, MISSOURI • 65102
http://www.sos.mo.gov
JAMES C. KIRKPATRICK
STATE INFORMATION CENTER
(573) 751-4936
ELECTIONS DIVISION
(573) 751-2301MEMO
TO: Johnson County Clerk
FROM: Michael Bushmann
Deputy Secretary of State for Elections
DATE: December 4, 2008
RE: Notification of recountEnclosed are the official Notification of Recount and related documents for conducting the
recount of the race for State Representative, District 121:1. Notification of Recount
2. Recount procedures and timeline
3. Schedule for recount
4. Report of findings
5. Tally summary sheet
6. Recount checklist
7. Oath
8. Rules 15 CSR 30-9; 15 CSR 30-10.010, 10.040, 10.140
9. Dolan v. PowersShould you have any questions regarding these materials, please call our office at
(800) 669-8683.Enclosures
There’s a certain irony to having the standard recount documentation which includes a court precedent from a previous recount case sent to the County Clerk whose name is on the actual precedent.
In the following document “LEA” refers to “Local Election Authority” (in this case, the Johnson County Clerk, Gilbert Powers); “DRE” refers to the electronic voting machine (in this case, Diebold touchscreen machines).
MISSOURI SECRETARY OF STATE
OFFICIAL PROCEDURES AND TIMELINE
RECOUNT OF NOVEMBER 4, 2008 STATE REPRESENTATIVE,
DISTRICT 121 RACEThe recount of the November 4, 2008, State Representative, District 121 race will be conducted under the following timeline and procedures established by the Missouri Secretary of State in accordance with Section 115.601, RSMo.
This comprehensive recount is designed to ensure that the final results are complete, accurate and reflect the intent of every voter. To do this, every ballot should be manually reviewed as set forth in these procedures. You will note that these recount procedures provide for a combination of human review, electronic counting, and hand tallying to ensure the most accurate, efficient, and fair recount possible.
Timeline
Activity Deadline
SOS send procedures to LEAs & candidates 12/4
LEAs FAX recount date/time/place to SOS 12/5 by 4:00 p.m.
SOS sends spreadsheet with schedule of recount date/time/place to candidates 12/5
Candidates send “disinterested person” lists to SOS 12/8
SOS sends lists of disinterested persons to LEAs ASAP
Deadline for return of certified findings to SOS 12/19
SOS certifies recount results 12/23
PROCEDURES
Selection and notification of disinterested persons
1. Only the LEA, LEA staff, bipartisan teams, the contestant (or his attorney), and contestee (or his attorney), and the appointed disinterested persons (two persons per candidate for each jurisdiction), shall be present during the recount.
2. The two candidates shall provide to the Secretary of State a list of disinterested persons to assist in the recount. These disinterested persons shall be selected pursuant to Section 115.601, RSMo. They will observe the recount and sign the Report of Findings.
3. The Secretary of State shall deliver the list of disinterested persons appointed to assist in the recount to each LEA.
4. The LEA shall administer the oath to all participants identified in step 1, including the contestant (or his attorney), contestee (or his attorney), and their disinterested persons.
5. LEAs will use the list of disinterested persons provided by the SOS and ensure that only two of the named individuals from each candidate (four total) are allowed to participate.Administration of recount
1. Only LEA, LEA staff, bipartisan teams, the appointed disinterested persons, the contestant (or his attorney), and contestee (or his attorney) may be present during the recount.
2. The LEA shall administer the oath to all participants identified in step 1, including the contestant (or his attorney), contestee (or his attorney), and their disinterested persons.
3. The disinterested persons present shall sign the Report of Findings, along with the local election authority. If disinterested persons are not present for the recount, the local election authority shall be the only signer of the Report of Findings.
4. The following original forms specified by SOS shall be returned to the SOS no later than December 19, 2008.
. Report of Findings (provided)
. Oath (provided)
. Tally summary sheet (provided)The LEA shall also keep copies of these documents in its office.
5. The LEA shall pay all election judges and disinterested persons from local funds using appropriate local forms and procedures.
6. No documents or copies of documents, other than the Report of Findings to the Secretary of State, shall be released to anyone present at the recount, although the candidates and disinterested persons may receive copies of the oaths they execute. (Sec. 115.601.4, RSMo)
Ballot counting – optical scan
NOTE: Only the LEA, LEA staff, and the bipartisan teams will conduct the recount, without additional assistance. Everyone else may observe, but may not handle the ballots.1. After all participants have been sworn in, the LEA will conduct a test of the voting equipment to be used in the recount. The test deck shall consist of General Election ballots marked as
follows:3 with votes for Hoskins;
2 with votes for Jackson;
1 with no votes for any State Representative, District 121 candidate (undervoted);
1 with votes for at least two State Representative, District 121 candidates (overvoted).Refer to 15 CSR 30-10.040 and 15 CSR 30-10.140 (copy enclos
ed).2. The LEA shall break the seal on ballots.
3. Only ballots with votes for State Representative, District 121 shall be counted. The bipartisan team shall sort the ballots as follows:
Group A) Ballots with a distinguishing mark in the designated area for a State Representative, District 121 candidate. (This does not include overvotes.)
Group B) Ballots without distinguishing marks, or with marks outside the designated area for a State Representative, District 121 candidate. (This includes undervotes and overvotes.)4. For these ballots:
Group A) Prepare for counting through optical scan tabulating machine.
Group B) Review to determine if there is any distinguishing mark of voter intent, in accordance with the current Counting Standards (15 CSR 30-9.020), a copy of which is enclosed. See also Dolan, et al. v. Powers, et al., (WL220223)
(Mo.App.W.D. January 29, 2008), a copy of which is enclosed (Ballots containing marks in or around a candidate’s party affiliation constitute a distinguishing mark adjacent to the party name.) Prepare for hand-tallying.5. The bipartisan team, under the observation of the disinterested persons, shall feed the ballots in Group A above, face-up, into the counting machine(s). During this process, participants will also be watching for any distinguishing mark of voter intent, as described above. The results of the electronic recount will be recorded on the tally summary sheet (form provided) and added to the final results in the Report of Findings.
6. For the ballots in Group B above, the bipartisan teams, observed by the disinterested persons, will determine whether there is indication of voter intent in accordance with current Counting Standards regulations and the Dolan case and record those votes on a tally sheet. Regular tally sheets should be used for this purpose. These results will be recorded on the tally summary sheet (form provided) and added to the final results in the Report of Findings.
7. Post Test. After the electronic recount is completed, the LEA shall run a post test of the voting equipment using the test deck used in Step 1.
Ballot counting – DREs
NOTE: Only the LEA, LEA staff, and the bipartisan teams will conduct the recount, without additional assistance. Everyone else may observe, but may not handle the paper trails, containers, and DREs.1. The LEA shall break the seal on the DRE component that contains the voter verified paper audit trail and retrieve the paper trail.
2. The voter verified paper trail shall be examined by the bipartisan team and the votes hand tallied for the State Representative, District 121 race using a separate tally sheet. The results will be recorded on the tally summary sheet (form provided) and added to the final results in the Report of Findings.
3. In the event that the voter verified paper trail is not usable for the recount, the LEA shall next use the audit trail* from each DRE that was created contemporaneously with the voter verified paper trail (*as defined in 15 CSR 30-10.010), and proceed with the process described in #2. The LEA shall then separately seal and secure any such DRE component for possible further inspection.
Report of Findings
The bipartisan team shall record the total result from the tally summary sheet on the Report of Findings form. The disinterested persons present shall sign the Report of Findings, along with the local election authority. If disinterested persons are not present for the recount, the local election authority shall be the only signer of the Report of Findings.The Report of Findings form shall be returned to the Secretary of State’s office with the oaths and the tally summary sheet. The LEA shall retain copies of all these documents in its office.
Exception
The above procedures shall apply except as otherwise agreed to by both candidates and approved by the SOS. Any exceptions to the above procedures shall be submitted to SOS in writing and signed by each candidate no later than 5:00 p.m. on December 8, 2008.
The Secretary of State’s office issed a checklist:
RECOUNT CHECKLIST
State Representative, Dist. 121____Lock door(s) to counting room
____Note all persons in attendance (No unauthorized persons in attendance)
____Ballots are locked up
____County clerk swears in all attendees, other than Secretary of State officials
____County clerk unlocks ballots
____Remind attendees that, pursuant to their oath, they are not allowed to disclose any details from this recount
____Manual recount begins
____County clerk re-locks ballots
____Complete Report of Findings
____Obtain signatures on Report of Findings
____County clerk certifies results
____Door(s) may be unlocked
Considering the procedures outlined above, this is a bare bones checklist.
All parties present at the recount take an oath:
I solemnly swear that I will impartially discharge the duties of judge according to law, to the best of my ability and that I will not disclose how any voter has voted unless I am required to do so as a witness in a proper judicial proceeding. I also affirm that I will not allow any person to vote who is not entitled to vote and that I will make no statement nor give any information of any kind tending in any way to show the state of the count prior to the close of the polls on election day.
I further swear that I will not disclose any facts uncovered by the recount, except those which are contained in the Report of Findings.
Sworn and subscribed to before me this … day of …, 20..
…………………….
Judge of Election…………………….
Election Authority (Judge of Election) witnessing oath
Interestingly enough, it is the election judge’s election day oath. Some of the prohibitions contained herein don’t actually have any bearing on a recount, but this is the oath required by statute.
According to statute only information contained in the “Report of Findings”, signed by the disinterested parties and the local election authority, can be publicly divulged:
REPORT OF FINDINGS
STATE REPRESENTATIVE, DISTRICT 121
RECOUNT GENERAL ELECTION
NOVEMBER 4, 2008
_________________________________________________
County/Jurisdiction
___________________________________________
Name of Local Election AuthorityWe the undersigned hereby certify that the recount conducted of the State Representative, District 121 General Election race revealed the number of votes cast for these candidates was as follows:
Number of Votes
Denny L. Hoskins ______________
Jim Jackson ______________
Disinterested persons assisting:
___________________________
___________________________
___________________________
_______________________________________________________________________________________________________
Local Election Authority
If the verifiable paper trail is not usable then the machine audit trail is used. If that’s the case the machine is to be sealed. Though, if there is no way to notate such in the Report of Findings no one other than those present will know of the failure of the voter verified paper trail. And if it’s not in the Report of Findings, no one can talk about it.
That’s one good reason for the parties to the recount having an attorney present.
See also the Uniform Counting Standard (pdf) in the Missouri Code of State Regulations and C. Kay Dolan, Respondent, and Monica Penrose, Plaintiff, v. Gilbert Powers, Defendant, and Teresa A. Collins, Appellant and Lynn Stoppy Brackin, Def
endant.: WD68098 (rtf). The appeals court held (in part):
…Ballots containing marks in or around a candidate’s party affiliation were properly counted, as they constituted distinguishing mark adjacent to the party name…
In addition to the examples in the Code of State Regulations the appellate decision should inform the judgement of ballot judges.
The process gets messy if there’s a lack of consensus on a particular ballot. Again, that’s why there will probably be attorney’s present. The “disinterested parties” can refuse to sign the report if they dispute the contents. Ultimately any dispute in this particular recount would be resolved by the Missouri House of Representatives.
We should know the date(s) for this recount by the close of business today.