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Monthly Archives: February 2014

Campaign Finance: not everything stays in Vegas

19 Wednesday Feb 2014

Posted by Michael Bersin in Uncategorized

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missouri, Missouri Ethics Commission, vampaign finance

Today, at the Missouri Ethics Commission:

C010081 02/18/2014 MO CHAMBER PAC Caesars Entertainment One Harrah’s Court Las Vegas NV 89119 2/18/2014 $10,000.00

[emphasis]

They probably comped them the high roller’s suite. Oh, wait, it’s supposed to be the other way around…

Campaign Finance: Synchronicity!

17 Monday Feb 2014

Posted by Michael Bersin in Uncategorized

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2016, campaign finance, Catherine Hanaway, governor, Matt Bartle, missouri, Missouri Ethics Commission

Really, we weren’t expecting it so soon.

Previously:

Campaign Finance: Catherine Hanaway (r) isn’t really an option? (February 16, 2014)

Catherine Hanaway (r) is running for Governor in 2016 (February 8, 2014)

That’s okay, we’re held together with spit, baling wire, and duct tape (June 11, 2013)

Today, at the Missouri Ethics Commission:

C141055 02/17/2014 HANAWAY FOR GOVERNOR Matthew Bartle 10817 Wildflower Drive Lees Summit MO 64086 Self-employed Lawyer 2/15/2014 $10,000.00

[emphasis added]

Matt Bartle? Matt Bartle? Where have we seen that name before. Oh, yeah, right. So, can we assume Catherine Hanaway’s (r) campaign views on stem cell research, adult clubs, and the Ford Claycomo Plant? Just asking. After all, $10,000.00 could qualify as a ringing endorsement.

The committee:

C141055: Hanaway For Governor

7509 Nw Tiffany Springs Parkway Suite 300 Committee Type: Candidate

Kansas City Mo 64153 Party Affiliation: Republican

[….]

Established Date: 02/14/2014

[….]

Candidate Treasurer

Catherine Hanaway James C Thomas Iii

[….]  

[emphasis added]

Brand new. It’s official!

Campaign Finance: Catherine Hanaway (r) isn’t really an option?

16 Sunday Feb 2014

Posted by Michael Bersin in Uncategorized

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2014, 2016, Attorney General, Catherine Hanaway, Chris Koster, governor, missouri, State Auditor, Tom Schweich

This past week, at the Missouri Ethics Commission:

C111150 02/14/2014 FRIENDS OF TOM SCHWEICH Thirty & 141 LP 9109 Watson Rd Suite 400 St Louis MO 63126 2/13/2014 $5,100.00

[emphasis added]

C031159 02/16/2014 MISSOURIANS FOR KOSTER RightCHOICE Managed Care, Inc. PO Box 68086 Cincinnati OH 45206 2/14/2014 $25,000.00

[emphasis added]

Are they trying to tell us something?

Previously:

Catherine Hanaway (r) is running for Governor in 2016 (February 8, 2014)

That’s okay, we’re held together with spit, baling wire, and duct tape (June 11, 2013)

The Evolution of Rick Brattin’s obsession with evolution

16 Sunday Feb 2014

Posted by Michael Bersin in Uncategorized

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creationism, evolution, HB1472, HB291, intelligent design, missouri, religious freedom, Rick Brattin, Science Instruction

Way back in 2006 Democratic Senator Claire McCaskill characterized the Missouri Senate as a “vast wasteland of Neanderthals.” I think a few Republicans legislators might have thought that McCaskill was praising their conservative chops, and that’s why members of both chambers of the Missouri General Assembly have been going all out to prove her right ever since. Take, for example, Rep. Rick Brattin’s (R-55) most recent attempt to undermine the teaching of evolution in our schools. He’s authored a bill, HB1472, to ensure the primacy of parental beliefs, specifically fundamentalist Christian belief about origins, over proven science. HB1472 would mandate that schools notify parents if evolutionary theory is taught, giving them the option of taking their children out of the classes. Since public school districts in Missouri can decide whether or not to teach evolution, this new bill would serve to undermine those districts that offer such instruction.*

Fighting the scourge of evolution seems to be Brattin’s main hobby; he’s been tilting at that particular windmill for some time, although his legislative efforts have mercifully been allowed to die quietly. His past bills differ from the latest, though, since the earlier ones attempted to mandate  teaching creationism or intelligent design. To give you an idea of the level of hilarity that Brattin is capable of producing, take a look his 2013 foray into the development of unscientific mandates for the teaching of science, The Missouri Standard Science Act. Dana Liebelson’s  Mother Jones write-up summarized a few – and only a few – of the howlers it contains:

HB 291, the “Missouri Standard Science Act,” redefines a few things you thought you already knew about science. For example, a “hypothesis” is redefined as something that reflects a “minority of scientific opinion and is “philosophically unpopular.” A scientific theory is “an inferred explanation…whose components are data, logic and faith-based philosophy.” And “destiny” is not something that $5 fortune tellers believe in; Instead, it’s “the events and processes that define the future of the universe, galaxies, stars, our solar system, earth, plant life, animal life, and the human race.”

Before we can say anything more about this legislation, it’s necessary to be very clear that evolution, whether or not religious fundamentalists like it (and most don’t), is settled science. As Real Clear Science notes in its discussion of settled science that is widely misunderstood, “the mountains of DNA sequence data generated over the past several decades serve as ‘slam dunk’ evidence. The fossil record, which is impressive but far from complete, isn’t even necessary anymore. DNA can tell the story of evolution all by itself.” (If you’ve heard stories about scientists who doubt the fundamental precepts of evolution, you might find that this well-sourced blog post by David H. Bailey puts them into perspective.) The theory of evolution is central to understanding modern biology, which means that if you want your children to be scientifically literate – or just plain literate – they need to know what it is and how it works. To suppress the teaching of evolution not only shortchanges the children themselves, but the future communities they will live in and serve.

Consequently, legislation like Brattin’s has the potential to, as the deputy director of the National Center for Science Education (NCSE), Glenn Branch, has noted, “eviscerate the teaching of biology in Missouri.” It also does so in a particularly objectionable way that depends on extending the concept of religious freedom past reasonable bounds. It’s as if I demanded that my child be exempted from learning geometry because I personally don’t believe in Euclid’s precepts.  

Brattin, who believes that the way evolution is taught is not “objective,” nevertheless describes his motivation in religious rather than objective terms, describing the teaching of evolution as “an absolute infringement on people’s beliefs … . What’s being taught is just as much faith and, you know, just as much pulled out of the air as, say, any religion.” While someone ought to give Rep. Brattin a primer that defines faith along with a few science terms (not to mention simple words like “objective”), it might also help reconcile him to the 21st century if he were to learn that evolution is not a problem for many religious folks who, unlike Brattin, understand that religion and science operate in different spheres. For such individuals, religion functions as a matter of faith and belief, while science consists of verifiable facts and, as Tom Krattenmaker put it in a USA Today column that excited a storm of angry comment from religious conservatives,  requires “no leaps of faith or life-altering commitments.”

As mind-bendingly stupid as this bill is, the sad fact is that in the unlikely event that Brattin finally gets some traction for his pet issue, it probably won’t make much difference one way or another for lots of Missourians. A segment on Kansas City’s KCTV news report on Brattin’s bill offered the following comments from students and parents from Brattin’s district:

But two teens from the Cass County town of Adrian said they don’t learn anything about evolution at their high school. When asked what they thought about teaching evolution, the one 16-year-old answered, “What’s that?” The other explained to the other, “It’s whether God is real or not.”

They said they think it would be good for students to learn about it.

The mothers of those two girls supported the bill, along with a number of others in the lawmaker’s home area.

“I definitely think parents should be notified if evolution is taught because I believe in creation,” said Drexel resident Tina Decavale.

Brandon Eastwood, of Harrisonville, echoed that support, and went a step further.

“Evolution is not taught in the Bible so it shouldn’t be taught in the class,” he said. “Even if I had to spend some time in jail I wouldn’t subject my kids to that nonsense.”

There but for the grace of enlightened school boards is the future for Missouri’s children. It is likely that the deficits will be made up in college – for those who go on to higher education – but those who don’t are condemned to ignorance. Don’t you think it’s time for some visionary state Representative, someone who is actually concerned about the state of education in Missouri as well as the future of young Missourians, to propose a standard that would mandate the teaching of established science, including the theory of evolution, in our schools? Where’s the anti-Brattin in Missouri? Too scared to come out of hiding and do something about the cycle of ignorance that produces sincere, passionate and thoroughly misguided politicians like Rick Brattin?

N.B. Here is a list of sources and materials on the teaching of evolution, creationism and intelligent design in schools compiled by the National Science Teachers Association. This site also has some interesting background.

* Sentence slightly edited for clarity.

Trouble in right wingnut paradise?

16 Sunday Feb 2014

Posted by Michael Bersin in Uncategorized

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Brian Nieves, facebook, General Assembly, guns, missouri, NRA, right wingnuts, SB 613

Previously:

Ladies and gentlemen, your right wingnut controlled General Assembly – again (December 9, 2013)

Thanks to Brian Nieves and his pal Doug Funderbunk Missouri is still a laughingstock (January 21, 2014)

Here we go again… (January 22, 2014)

SB 613: The NRA was for it before they were against it? (February 12, 2014)

Via Senator Brian Nieves’ (r) Facebook page:

Brian Nieves shared a link.

3 hours ago

This may be the strangest, most unexpected email I’ve ever written but I believe YOU deserve the truth…. Ladies & Gentlemen, the NRA is using the same inappropriate, dishonest, and disgusting tactics we only expect from the left!! They are attacking Senate Bill 613, Missouri’s Second Amendment Preservation Act, based on LIES! They are reporting that an amendment was placed on the bill that was not. At first I gave them the benefit of the doubt, assuming they’d simply made an error but they’ve now put out another alert that contains some of the same LIES!! Senate Bill 613 is still in process and it has had a couple amendments placed on it BUT there is NOT an amendment on the bill, nor will there ever be, that does what the NRA is reporting. The second amendment preservation act (SB613) is arguably the most powerful piece of gun legislation in the country and it MUST pass. Why in the world the NRA would be opposing it is beyond my ability to reason but it’s time for them to stand down and start helping. There is an amendment that talks about Stolen Guns and has No Penalty, No Fine and only pertains to firearms that a person is aware of having been stolen. This amendment does NOT pertain to lost firearms and has no wording that involves “should have known” stuff! The amendment also effects what is known as the severable clause and when it’s all said and done, the amendment will be REMOVED. I am completely open to the idea of the NRA, or any other group, addressing concerns that are accurate and true but to see such a respected organization resort to LIES and Distortions is very diss-heartening to say the least. As I said, the bill is still a Long Way from being finished AND the amendment the NRA doesn’t like will be removed. I just can’t stand to see them out & out, LIE about the bill/amendment. Are you an NRA member? Call them and ask them to move back in the direction of credibility and respect by retracting what they’ve said about this bill/amendment and moving forward with truth instead of acting like the liberal left and resorting to lies and distortion. You can read the bill in it’s full, current, form by searching for SB613 at http://www.senate.mo.gov/nieves you can even watch my press conference on this subject.

It would be funny if a significant number of non-members contacted the NRA and encouraged them to keep opposing the bill.

Meanwhile, it’s movie night at the casa:

…Guy’s a clod. Promises were made, gifts exchanged…

Pass the popcorn.

Governor Jay Nixon (D) in Warrensburg – February 14, 2014

14 Friday Feb 2014

Posted by Michael Bersin in Uncategorized

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budget, David Pearce, Denny Hoskins, General Assembly, Jay Nixon, missouri, revenue

Governor Jay Nixon (D) addressed the University of Central Missouri Board of Governors at the end of their morning meeting in Warrensburg today.

The press release from Governor Nixon’s office:

Gov. Nixon applauds UCM Board of Governors for freezing tuition for Missouri undergraduates

February 14, 2014

As part of continued effort to make Missouri a leader in college affordability, Gov. Nixon has called on Missouri’s public universities to freeze tuition for the upcoming school year

Warrensburg, MO

Gov. Jay Nixon today visited Warrensburg to applaud the University Of Central Missouri Board Of Governors for answering his call to freeze tuition for Missouri undergraduates for the 2014-2015 school year.  As part of his continued efforts to make Missouri a leader in college affordability, the Governor has proposed a significant funding increase for Missouri’s public four-year universities in his Fiscal Year 2015 and called on those institutions to freeze tuition for Missouri undergraduates.

“The evidence is clear, good schools help create good jobs,” Gov. Nixon said. “By investing in our universities and freezing tuition, we’re going to make sure students graduate from college with the skills to compete for good jobs, not a load of debt.”

Earlier today, the University of Central Missouri Board of Governors voted to answer the Governor’s call and freeze in-state undergraduate tuition for the 2014-15 academic year.

“I appreciate the UCM Board of Governors for taking action to keep college affordable by freezing tuition for next year,” Gov. Nixon said. “I encourage our other four-year universities, who haven’t already, to take action and hold undergraduate tuition flat next year.”

“The significant investments Gov. Nixon is making in higher education will help us to hold the line on undergraduate tuition next year while continuing to prepare students to find good jobs after they graduate,” said UCM President Chuck Ambrose. “The University of Central Missouri offers a world class education at an affordable price, putting a college degree and quality career within reach for thousands of students.”

Gov. Nixon has made the quality and affordability of higher education in Missouri a top priority of his administration. Over the past five years, Missouri has led the nation in holding down tuition increases at its public universities. The College Board’s 2013 Trends in College Pricing report shows that tuition and fees at Missouri’s public four-year institutions increased just 5 percent since 2008, lower than in any other state in the nation.

Gov. Nixon’s Fiscal Year 2015 balanced budget proposal includes an additional $36.7 million in funding for Missouri’s public universities, through Missouri’s performance-based funding model for higher education, implemented for the first time last year.  The Governor’s STEM initiative would also provide an additional $22 million in core funding for Missouri’s public universities to help these institutions purchase equipment, expand lab space and produce more graduates in fast-growing STEM fields.  

To address a critical shortage of mental health professionals in many communities across the state, the Governor has proposed a strategic investment of $20 million investment to help Missouri’s community colleges and universities train 1,200 students in high-demand mental health fields.

Last year, Gov. Nixon set a goal of giving every student in the state the opportunity to earn a Missouri A+ scholarship. Under the A+ program, Missouri students can earn a scholarship to cover the cost of tuition and academic fees for two years at any public two-year community college or technical school in the state. To be eligible for the program, students must meet academic achievement standards, conduct and attendance requirements, and perform 50 hours of tutoring or mentoring service.

Since the Governor took office, 266 schools have been added to Missouri’s A+ Schools program and 99 percent of public high school students in Missouri now have the opportunity to earn an A+ scholarship and attend two years of community college tuition free.

Gov. Nixon’s Fiscal Year 2015 budget proposal increases funding for all of Missouri’s major scholarship programs including Bright Flight, A+ and Access Missouri.

Earlier in the meeting Senator David Pearce (r) and Speaker Pro Tem Denny Hoskins (r), both representing districts which include the campus of the University of Central Missouri, provided a legislative update to the Board of Governors. After their reports Senator Pearce (r) and Representative Hoskins (r) did not stay to hear Governor Nixon speak.

Speaker Pro Tem Denny Hoskins (r) providing a legislative update to the University of Central Missouri Board of Governors

at their meeting in Warrensburg early this morning.

At several points in his legislative update Representative Hoskins (r) commented on Governor Nixon’s (D) revenue projection for the state budget.

Speaker Pro Tem Denny Hoskins (r):  [….]

…Outside of the Governor’s paid staff no one believes in Missouri that our rev, general revenue will increase by five point nine percent…

[….]

…It, uh, it just makes it, uh, very disingenuous, um, the Governor makes recommendations based on a revenue projection that no one agrees with outside of he and his office. And then the House and the Senate take on the heavy task of, of being realists and saying, okay, we’re not gonna have a five point nine percent, and, uh, we have to go through and cut over three hundred million dollars from the government, Governor’s proposal…

[….]

Governor Jay Nixon (D) addressing the University of Central Missouri Board of Governors in Warrensburg this morning.

At the press availability after Governor Nixon’s address to the UCM Board we had the opportunity to ask about Representative Hoskin’s comments:

Question: …Governor, earlier today, um, Speaker Pro Tem Hoskins was here and spoke before the [University of Central Missouri] Board [of Governors] and he stated, “…it makes it very disingenuous,” this is a direct quote, “…it makes it very disingenuous when the Governor makes recommendations based on a revenue projection no one agrees to outside of he and his office.”

Governor Jay Nixon (D): Well, I mean, we feel good about, uh, the way the economy’s moving forward in the State of Missouri. Um, the revenue estimates we based this year’s on is less than last year’s gain, um, as far as, uh, revenue growth this state and, and less than has been historically over the last, uh, forty years. So we feel comfortable, uh, that as the economy is moving back, uh, both, you know, that these resources will be there. We look forward to working, uh, with folks, uh, to, uh, to, to hit the, hit these targets.

Question: What kind of reception have you gotten in the General Assembly that would suggest that they’re going to go for the revenue projections that you’ve got in terms of how they budget?

Governor Jay Nixon (D): Well, I think everybody understands that, uh, that the economy’s moving forward, it’s just at what rate it’s moving forward. Uh, we feel that with some of these significant investments, especially as I mentioned here, in the auto sector, one right here in, in Warrensburg, that we’re seeing, uh, that strong growth. Like I said before, I, I, uh, um, you know, it, uh, it’s important, um, that, that we, uh, make sure that we all understand that the, the best economic development tool, tool there is is education. And I think, uh, rather than, uh, uh, than, I think our focus should be on taking the resources we have and making the most impact with them for the future. And the best way to do that is to, is to adequately fund our education system.

[….]

Question: …The Associated Press reported on your remarks yesterday at the, uh, Governor’s mansion that, uh, you were not, uh, ruling out running for President. I, my follow up question from yesterday is how about Vice-president, uh, have you, uh, talked with, uh, Hilary Clinton about that [crosstalk], that possibility?

Governor Jay Nixon (D): I, I , it’s just, I, uh, um, I’m looking forward to, to campaigning with, with Secretary Clinton should she decide to make the, uh, the run. And, and, uh, focus, my attention is focused on, uh, serving the people of the State of Missouri now and that’s the, it’s, uh, it’s managed to keep me very, very busy serving the people of the Show Me State. And I’ll, I’ll focus my attention there…

…But, uh, no, I think that, uh, I think that the, this is the year in which we, with the economy growing we have resources to, uh, to invest in education. That’s why our, our three pronged attack here has been to say let’s, let’s expand preschool opportunities, ’cause if kids are ready to learn when they start preschool, that’s why we’re tripling the, the availability of dollars [inaudible] preschool project. At the K through twelve level we need to fully fund the foundation formula. And we’re on a path in my budget to get that done over the next two years. And then thirdly, uh, by getting, uh, keeping tuition frozen the way that this board just voted today to do, uh, we’re in a position to continue to keep Missouri as the national leader, uh, in the smallest tuition increases of anywhere in the country, while at the same time expanding both access and quality of those, uh, higher education institutions. And that’s why, uh, uh, folks can, can talk about various budgetary amounts, as long as we keep our eye on the prize, which is making sure that the best economic development tool there is, education and a great education system, is where we’re all working together. Uh, I’m confident that, that we will make a difference that’ll make, uh, a lasting difference for, uh, kids and families of our state.

[….]

Governor Jay Nixon (D) at the press availability in Warrenburg after the University of Central Missouri Board of Governors meeting.

Campaign Finance: someone has a favorite in the 12th Senate District

14 Friday Feb 2014

Posted by Michael Bersin in Uncategorized

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12th Senate District, Brad Lager, campaign finance, missouri, Missouri Ethics Commission

Today, at the Missouri Ethics Commission:

C141049 02/13/2014 HEGEMAN FOR SENATE Citizens for Brad Lager 5920 NW 96th Terr Kansas City MO 64154 2/11/2014 $25,000.00

C141049 02/13/2014 HEGEMAN FOR SENATE Herzog Contracting Corp P O Box 1089 St Joseph MO 64502 2/11/2014 $50,000.00

[emphasis added]

The list of active campaign committees for the 12th Senate District:

Committee Name Candidate Party Office Sought Status

CITIZENS FOR BOB NANCE BOB NANCE R STATE SENATOR – DISTRICT 12 A

CITIZENS FOR GUERNSEY CASEY GUERNSEY R STATE SENATOR – DISTRICT 12 A

CITIZENS FOR MIKE THOMSON MIKE THOMSON R STATE SENATOR – DISTRICT 12 A

DELUS JOHNSON FOR MISSOURI DELUS JOHNSON R STATE SENATOR – DISTRICT 12 A

HEGEMAN FOR SENATE DAN HEGEMAN R STATE SENATOR – DISTRICT 12 A

We do know that Casey Guernsey (r) has already dropped out of the race.

Today, in the Smithville Herald.

State representative to run for state Senate

Posted: Thursday, February 13, 2014 12:00 am

By Dave Hon

State Rep. Delus Johnson, who represents Missouri House District 9, has announced his candidacy for the Missouri Senate’s 12th District….

….Sen. Brad Lager, R-Savannah, who currently holds the 12th District seat, is not eligible to seek re-election because of term limits. Johnson said he’s aware of one opponent he will face in the primary, Dan Hageman….

That would qualify as perfect timing.

It appears that Senator Brad Lager (r) is aware of Dan Hageman, too.

HR 476: keeping their eyes on the bouncing rubber ball

14 Friday Feb 2014

Posted by Michael Bersin in Uncategorized

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General Assembly, governor, House, HR 476, impeachment, Jay Nixon

Previously:

HR 380: impeaching Governor Jay Nixon (D) because of teh gay thing (February 6, 2014)

The latest impeachment bill aimed at Governor Jay Nixon, filed today:

SECOND REGULAR SESSION

House Resolution No. 476

97TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES MOON (Sponsor), BRATTIN, MUNTZEL, WILSON, POGUE, MARSHALL, HURST, BAHR AND NEELY (Co-sponsors).

5835L.01I

           WHEREAS, when the Second Regular Session of the Ninety-seventh General Assembly convened on January 8, 2014, there were three vacancies in the House of Representatives, and one vacancy in the Senate; and

           WHEREAS, as a result of those four vacancies, approximately 285,000 Missourians are without representation in the Missouri House or Senate; and

           WHEREAS, the 120th House District seat has been vacant since June 5, 2013, with an election date to fill this vacancy recently being called for August 5, 2014. At the time of this election, the 120th House District seat will have been vacant for 430 days; and

           WHEREAS, the 67th House District seat has been vacant since December 2, 2013, with an election date to fill this vacancy recently being called for August 5, 2014. At the time of this election, the 67th House District seat will have been vacant for 246 days; and

           WHEREAS, the 151st House District seat has been vacant since December 18, 2013, with an election date to fill this vacancy recently being called for August 5, 2014. At the time of this election, the 151st House District seat will have been vacant for 230 days; and

           WHEREAS, the 22nd Senate District seat has been vacant since December 18, 2013, with no special election date having been called to fill this vacancy; and

          WHEREAS, on January 2, 2014, a lawsuit was filed in Cole County on behalf of ten people from various House and Senate Districts, stating that Governor Jeremiah W. (Jay) Nixon has been remiss in his duties as Governor by not setting dates for special elections to fill the four vacant seats; and

           WHEREAS, Article I, Sections 1 and 2 of the Missouri Constitution state foundational principles of Missouri’s form of government:

“Section 1. That all political power is vested in and derived from the people; that all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.”

“Section 2. That all constitutional government is intended to promote the general welfare of the people; that all persons have a natural right to life, liberty, the pursuit of happiness and the enjoyment of the gains of their own industry; that all persons are created equal and are entitled to equal rights and opportunity under the law; that to give security to these things is the principal office of government, and that when government does not confer this security, it fails in its chief design.”; and

           WHEREAS, Article I, Section 25 of the Missouri Constitution expressly acknowledges that Missouri citizens have the right of suffrage:

“Section 25. That all elections shall be free and open; and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.”; and

           WHEREAS, a representative voice in each house of the Missouri General Assembly is part and parcel of the constitutional right of suffrage. Any delay in securing the citizens’ right of representation in the state legislature should be subject to strict scrutiny by our courts; and

           WHEREAS, Article III, Section 14 of the Missouri Constitution requires the Governor, leaving no discretion with the Governor, to issue writs of election to fill vacancies in the Missouri General Assembly:

“Section 14. Writs of election to fill vacancies in either house of the general assembly shall be issued by the governor.”; and

           WHEREAS, Section 21.110, RSMo, also requires the Governor to issue writs of election:

“21.110. If the governor receives any resignation or notice of vacancy, or if he is satisfied of the death of any member of either house, during the recess, he shall, without delay, issue a writ of election to supply the vacancy.”; and

           WHEREAS, in addition to the April municipal general election, the August primary election, and the November general election, Section 115.123, RSMo, permits special elections to fill vacancies to be held on any Tuesday; and

           WHEREAS, since 2005, elections have been held in February, April, June, August, September, and November; and

           WHEREAS, Governor Jeremiah W. (Jay) Nixon has refused to set elections to coincide with the earliest possible scheduled election after each vacancy occurred, thereby infringing on the constitutional rights held by not only the 285,000 Missouri citizens who reside in the affected districts, but all Missouri citizens who rely on full representation in the state legislature for all our citizens in order to fairly engage in the people’s business; and

          WHEREAS, the relevant constitutional and statutory provisions make it clear that a governor has no authority to deny or unreasonably interfere, as Governor Nixon has, with the citizens’ right to legislative representation; and

           WHEREAS, Article IV, Section 2 of the Missouri Constitution states:

“The governor shall take care that the laws are distributed and faithfully executed, and shall be a conservator of the peace throughout the state.”; and

           WHEREAS, in knowingly failing to issue writs of election “without delay” as required under Section 21.110, RSMo, when numerous election dates were possible, Governor Nixon has not only violated state statutory law, but has also violated the Missouri Constitution by not taking “care that laws are distributed and faithfully executed” as required under Article IV, Section 2; and

           WHEREAS, most importantly, Governor Nixon’s knowing failure to issue writs of election “without delay” unlawfully prolonged the period of time in which 285,000 Missourians will be deprived of one of their most basic rights as citizens, their right to have representation in their government; and

           WHEREAS, Article VII, Section 1 of the Missouri Constitution states:

“All elective executive officials of the state, and judges of the supreme court, courts of appeals and circuit courts shall be liable to impeachment for crimes, misconduct, habitual drunkenness, willful neglect of duty, corruption in office, incompetency, or any offense involving moral turpitude or oppression in office.”; and

           WHEREAS, with blatant and knowing disregard for the basic right of the citizens of this state to be represented in their state legislature, Governor Nixon’s breach of his constitutional duties to faithfully execute the laws of this state by knowingly failing to issue writs of elections “without delay” as required by law when numerous election dates were possible is grounds for impeachment as willful neglect of duty and misconduct in office; and

           WHEREAS, Article VII, Section 2 of the Missouri Constitution vests the sole power of impeachment in the House of Representatives:

           NOW, THEREFORE, BE IT RESOLVED that the Missouri House of Representatives, Ninety-seventh General Assembly, finds, charges, and presents that Governor Jeremiah W. (Jay) Nixon, while so acting as the Governor of the State of Missouri, failed to issue writs of election for four vacancies in the Missouri General Assembly “without delay” as required by law when numerous election dates were possible, constituting an act which is an impeachable act under Article VII, Section 1 of the Missouri Constitution, and that by doing such aforesaid act Jeremiah W. (Jay) Nixon was and is guilty of the commission of willful neglect of duty and misconduct in office; and

           BE IT FURTHER RESOLVED that the Missouri House of Representatives adopts the following:

ARTICLES OF IMPEACHMENT

ARTICLE I

           That the Missouri House of Representatives under the authority of Article VII, Section 2 of the Missouri Constitution does find, charge, and present that Governor Jeremiah W. (Jay) Nixon, while so acting as the Governor of the State of Missouri, contrary to the standards of conduct prescribed for an elected executive official of the state, committed an act impeachable under Article VII, Section 1 of the Missouri Constitution, in that, Governor Jeremiah W. (Jay) Nixon knowingly failed to issue writs of election for four vacancies in the Missouri General Assembly “without delay” as required under Section 21.110, RSMo, when numerous election dates were possible.

           That by the doing of the aforesaid act, Jeremiah W. (Jay) Nixon was and is guilty of willful neglect of duty and misconduct in office, an impeachable offense under Article VII, Section 1 of the Missouri Constitution, and that such act has shaken the faith and confidence of the citizens of the State of Missouri in their ability to have faith in their elected public officials, and has breached the public trust that the laws of this state will be faithfully executed.

ARTICLE II

           That the Missouri House of Representatives under the authority of Article VII, Section 2 of the Missouri Constitution does find, charge, and present that Governor Jeremiah W. (Jay) Nixon, while so acting as the Governor of the State of Missouri, contrary to the standards of conduct prescribed for an elected executive official of the state, committed an act impeachable under Article VII, Section 1 of the Missouri Constitution, in that, Governor Jeremiah W. (Jay) Nixon, in knowingly failing to issue such writs of election, deprived approximately 285,000 Missouri citizens of their basic right to representation in their government.

           That by the doing of the aforesaid act, Jeremiah W. (Jay) Nixon was and is guilty of willful neglect of duty and misconduct in office, an impeachable offense under Article VII, Section 1 of the Missouri Constitution, and that such act has shaken the faith and confidence of the citizens of the State of Missouri in their ability to have faith in their elected public officials, and has breached the public trust that the laws of this state will be faithfully executed.”; and

           BE IT FURTHER RESOLVED that upon impeachment by the House of Representatives, Governor Jeremiah W. (Jay) Nixon shall stand trial before a special commission of seven eminent jurists to be elected by the Missouri Senate in accordance with Article VII, Section 2 of the Missouri Constitution for willful neglect of duty and misconduct in office; and

           BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for Governor Jeremiah W. (Jay) Nixon, the Missouri Supreme Court, and the Missouri Senate.

[emphasis in original]

Oh, please, do proceed.

If the special election to replace a gay member of the General Assembly who resigned and had also filed a joint state tax return was not quickly scheduled by the Governor would the two sets of articles of impeachment cancel out? Just asking.  

Campaign Finance: What’s this?

13 Thursday Feb 2014

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

Ann Wagner, campaign finance, missouri, Missouri Ethics Commission

There’s a brand spanking new republican PAC funded by some recognizable names in Missouri republican circles.

Yesterday, at the Missouri Ethics Commission:

C131183 02/11/2014 CITIZENS FOR A STRONGER MISSOURI David Spence 7733 Forsyth Blvd St Louis MO 63105 Self 2/11/2014 $10,000.00

C131183 02/11/2014 CITIZENS FOR A STRONGER MISSOURI William Holekamp Revocable Trust 5 Barclay Woods St Louis MO 63105 Holekamp Capital President 2/11/2014 $10,000.00

[emphasis added]

That David Spence?

Why is it no one ever names their PAC “Corporations For A Weaker Missouri”. Just asking.

The committee:

C131183: Citizens For A Stronger Missouri

4131 N Mulberry Dr Ste 200 Committee Type: Political Action

Kansas City Mo 64116

[….] Established Date: 12/12/2013

  Termination Date:

Treasurer

James C Thomas Iii

[….]

[emphasis added]

Yes, they’re new. They must have filed a fourth quarter 2013 campaign finance report.

Why, yes, they did. And they didn’t have a huge amount of money in the bank:

C131183: Citizens For A Stronger Missouri

Information Reported On: 2014 – January Quarterly Report

Beginning Money on Hand $0.00

Monetary Receipts + $8,100.00

Monetary Expenditures – $0.00

Contributions Made – $0.00

Other Disbursements – $0.00

Subtotal     $8,100.00

Ending Money On Hand   $8,100.00

[emphasis added]

But, look who started them out:

CONTRIBUTIONS AND LOANS RECEIVED

CITIZENS FOR A STRONGER MISSOURI [pdf] 1/15/2014

Ann Wagner

313 St Andrews Ct

Ballwin MO 63011

US Government — US Representative

12/20/2013

$1,500.00

Raymond Wagner Jr

313 St Andrews Ct

Ballwin MO 63011

Enterprise Leasing — Vice President

12/20/2013

$1,500.00

Frederick Palmer

57 Fair Oaks Dr

St Louis MO 63124

Peabody Energy — Senior Vice President

12/16/2013

$5,000.00

[emphasis added]

Well, isn’t that special?

SB 613: The NRA was for it before they were against it?

12 Wednesday Feb 2014

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

Brian Nieves, General Assembly, guns, Jamilah Nasheed, missouri, NRA, nullification, SB 613

Previously:

Ladies and gentlemen, your right wingnut controlled General Assembly – again (December 9, 2013)

Thanks to Brian Nieves and his pal Doug Funderbunk Missouri is still a laughingstock (January 21, 2014)

Here we go again… (January 22, 2014)

From the National Rifle Association:

Missouri: De-facto Gun Owner Registry Legislation Moving In Missouri Senate! Call Your Senators NOW!

Posted on February 12, 2014

Last night, during debate on Senate Bill 613, anti-gun Senator Jamilah Nasheed (D-5) was able to attach an anti-gun provision to SB 613.  As previously reported, this anti-gun language was introduced as legislation in January that was originally contained in Senate Bill 556 and Senate Bill 565, both sponsored by Senator Nasheed.  This modified anti-gun language would require every person to report the theft of a firearm they possess to a local law enforcement agency.  Any missing firearm must be reported within 72 hours of the time he or she knew or “reasonably should have known” that the firearm had been stolen.

[….]

Your NRA-ILA has opposed this anti-gun legislation nationally for years.  It seeks to create a de-facto gun owner registry as well as place unknown civil liabilities on the gun owner.  Law-abiding gun owners should not be made a victim twice.

Action on this legislation is expected IMMEDIATELY in the Missouri Senate.

Please call your state Senator NOW and urge them to vote “NO” on SB 613.  Contact information for your state Senator can be found here or below.

[….]

No, that’s not an article from the Onion.

From the February 11, 2014 Journal of the Senate:

Journal of the Senate [pdf] 254

Senator Nasheed offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for Senate Bill No. 613, Page 32, Section 1, Line 6, by inserting immediately after said line the following:

“Section 2. Upon becoming aware that a firearm has been stolen, a person shall have seventy-two hours to report such theft.

Section B. If any provision of section A of this act or the application thereof to anyone or to any circumstances is held invalid, the remainder of those sections and the application of such provisions to others or other circumstances shall not be affected thereby.”; and

Further amend said bill and page, section B, line 1, by striking “B.” and inserting in lieu thereof the following: “C.”; and

Further amend the title and enacting clause accordingly.

Senator Nasheed moved that the above amendment be adopted.

[….]

[emphasis in original]

The Twitterverse is all abuzz with requests to pass the popcorn:

Yael T. Abouhalkah ‏@YaelTAbouhalkah NRA now OPPOSES pro-gun bill in MO after anti-gun Democrat outwits pro-gun lawmakers. (Got it?) [….] 3:40 PM – 12 Feb 2014

Tony Messenger ‏@tonymess

Proving again that the #moleg is broken, the NRA is now opposing @briannieves unconstitutional nullification bill. [….] 3:39 PM – 12 Feb 2014

Yael T. Abouhalkah ‏@YaelTAbouhalkah

@tonymess @briannieves So pro-gun bill could be sunk by pro-gun NRA angered by anti-gun @SenatorNasheed? Or, will GOP “stand up” to NRA? 3:46 PM – 12 Feb 2014

Tony Messenger ‏@tonymess

Note to #moleg: When passing a fake bill that is never intended to become law, it helps to not attach actual amendments that do things. 3:46 PM – 12 Feb 2014

Sean Nicholson ‏@ssnich

@tonymess @briannieves But not because it’s unconstitutional or seeks to jail federal law enforcement folks 3:47 PM – 12 Feb 2014

Really, pass the popcorn.

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