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Tag Archives: Margaret Donnelly

Tough revenue picture

08 Monday Feb 2010

Posted by Michael Bersin in Uncategorized

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Budget Forum, Margaret Donnelly, missouri, Rachel Storch, Ron Levy

Jesus wasn’t the only one who has ever had just a few loaves and fishes to feed a throng. This year, every director of a state agency in Missouri knows how it feels to try to do almost as much as ever with only fives loaves and two fishes. That was the message from the panelists at the Missouri Budget Forum last Friday, sponsored by the Nonprofit Services Center and moderated by Dr. James Kimmel. Ron Levy, head of the Department of Social Services, the largest department in the state, with a budget of $8 billion, showed a slide depicting the fact that until 2002, the state had not, in more than a quarter of a century, experienced a drop in revenue. ’02 and ’03 were bad years, but the drop in revenue in ’09 rivaled the drops of those two years put together.

Rep. Rachel Storch, D-St. Louis, serves on the House Budget Committee. She smiled ruefully that there’s a difference between playing the hand you’re dealt and fretting that the economic structure is a house of cards. Perhaps Storch would feel more upbeat if Missouri were like Oregon, which is one of nine states to raise taxes on the wealthy this year. Right. When hell freezes over. Meantime, some revenue enhancement ideas being seriously considered are: levying an internet sales tax and raising cigarette taxes. One of the Carolinas is about to do the latter, and when it does, Missouri will have the lowest cigarette tax in the country.

The funding issue that will drive the budget this year, Storch says, is that the public school foundation formula is going to require an additional $87 million. Nixon has found $18 million of that. Where the other $59 million will come from, nobody knows.

And looking beyond this year, when we at least have stimulus funds to cushion the blow, the picture is bleak. We could be facing a one billion dollar shortfall in FY 2011.

Even with the stimulus funds, Margaret Donnelly, Director of Health and Senior Services, pointed out that she had to pare 130 jobs–despite the fact, for example, that senior abuse and neglect hotline calls were up 9 percent last year. And those calls have to be answered. She had high praise for Governor Nixon in this tough economic environment:

“I had the opportunity in the transition of the two months last year before he took office–because I had served in (inaudible) and budget–I worked on the transition team with him on the budget. He really understands all of this. And, as I said, he’s been very respectful of the mission of the department and what we need to do. He’s just not faced with any good choices.”

Despite the tough economic times, Donnelly could point with pride to several achievements.

Ron Levy, describing the activity at the Department of Social Services, said they have been preparing plans for implementing federal health care, if and when Congress ever passes it. They have also been planning how to create electronic health records. And finally, it is crucial for his department, which administers Medicaid, to better manage health care delivery–as a means of paring costs as the Medicaid rolls burgeon. In January of last year, there were 820,000 people on the list. Now there are 880,000. By the end of this year, he expects to see 900,000, and by the end of next year, 950,000 to a million. Even as we look at a possible one billion dollar shortfall in the state budget in 2011, the growth of Medicaid rolls is inexorable.

It’s enough to remind me of Dr. James Kimmel’s jest about health care costs.

We’re going to need a dark sense of humor to weather the next few years.

Wingnut Attacks Donnelly for Raising Awareness of Senior Abuse

18 Thursday Jun 2009

Posted by Michael Bersin in Uncategorized

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glibertarian, Margaret Donnelly, senior abuse, Show Me Institute

(Full Disclosure: I consulted for Margaret Donnelly during her 2008 run for Attorney General.)

Sometimes I’m not sure what world the glibertarians at Show Me Institute live in. Last week, Margaret Donnelly, Missouri Director of the Department of Health and Senior Services, called for Missourians to wear purple on Monday to raise awareness of senior abuse. Sounds innocent enough, right?

In the eyes of Show Me Institute contributor Sarah Brodsky, this constituted leading an official government-sponsored protest against senior abuse. Somehow, this will send us on the slippery slope to official state condemnation of unpopular demonstrations, though she never makes it clear how.

One could quibble with the efficacy of a call to wear purple as a tool for raising awareness, but what Brodsky objects to is any and all government intiatives to alter behavior:

But protesting abuse and deciding what color to wear should be left to the private sector, without state influence one way or the other. [I swear, I did not use an Ayn Rand quote generator to make that sentence up. -Clark]

You could just as easily take a page from Brodsky’s book and use a slippery slope argument (otherwise known as a fallacy) to say that following Brodsky’s objection would lead to anarchy and murder.

Either way, it’s a joke. Donnelly wasn’t “protesting” against senior abuse; she was trying to raise awareness about a serious problem. And there’s nothing wrong with government officials calling attention to a cause that private citizens (mostly doctors) organized.

Donnelly picked to head Health and Senior Services

08 Thursday Jan 2009

Posted by Michael Bersin in Uncategorized

≈ 4 Comments

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Health and Senior Services, Margaret Donnelly, missouri

Congratulations to Margaret Donnelly for being picked by Nixon to head the office of Health and Senior Services. Who could be more appropriate? Margaret is an attorney and a former social worker, who blended those two aspects of her career by representing women and children in court and by establishing the first domestic violence shelter in St. Louis County.

If I worked in the Department of Health and Senior Services, I’d be glad to see a new boss coming who’s proven her concern for the more helpless among us by spending her life in the trenches.

photo courtesy of Political Fix

Donnelly's bill vindicated

09 Tuesday Dec 2008

Posted by Michael Bersin in Uncategorized

≈ 2 Comments

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Margaret Donnelly, missouri, toys

Last spring, the Republican legislature shunted aside Margaret Donnelly’s eminently practical bill to protect Missouri’s children from unsafe toys.

Many consumers aren’t aware that product recalls – even when issued by the federal Consumer Safety Product Commission (CSPC) – are voluntary.  Stores are not legally required to remove the hazardous items from their shelves.  Moreover, the CSPC is sorely under funded and does not have the capacity to adequately share all recall information with consumers.  And that leaves families at risk. (…..)

Modeled after Illinois’ law, the Missouri Children’s Product Safety Act would prohibit the sale of all unsafe children’s products in Missouri.  It outlines the steps companies must take when a product has been recalled. The act would empower the Attorney General to investigate and prosecute violations.

As it turns out, the problem of dangerous toys is much more widespread than you might imagine:

One in three toys tested by a Michigan nonprofit group contained medium or high levels of toxic chemicals, according to a report released Wednesday. And U.S.-made children’s toys didn’t necessarily contain fewer toxins than their imported counterparts.

But actually, despite having George Bush at the helm of the country, the situation has been improving and the Feds are even about to take further steps:

However, Gearhart said about half as many of the toys tested this year contained lead, compared with last year. Still, toys containing certain plasticizers – which will be banned beginning in February – remain on store shelves. (….)

[P]arents will get some relief when stricter regulations and new government oversight go into effect next year.

Hmm. Competent governance under Dubya? It has been known to happen.

Democratic Attorney General primary recount certified by Secretary of State

12 Friday Sep 2008

Posted by Michael Bersin in Uncategorized

≈ 6 Comments

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Attorney General, Chris Koster, Margaret Donnelly, recount

Robin Carnahan, the Missouri Secretary of State, has certified the results of the Democratic Attorney General primary recount. State Senator Chris Koster is the Democratic nominee:

FOR IMMEDIATE RELEASE

Thursday, September 11, 2008

CARNAHAN CERTIFIES RECOUNTS FOR ATTORNEY GENERAL DEMOCRATIC PRIMARY AND STATE SENATE DEMOCRATIC PRIMARIES

Jefferson City, Missouri – Missouri Secretary of State Robin Carnahan today announced the certified results from the recounts of the Attorney General Democratic primary election and two State Senate Democratic primaries.

The final results of the Democratic Attorney General primary recount confirmed the victory of State Senator Chris Koster over Representative Margaret Donnelly. The difference between the two candidates after the recount is 829 votes, and the difference before the recount was 780 votes.

Final results of the recount are as follows:  Sen. Chris Koster, 118,934 votes; Rep. Margaret Donnelly, 118,105 votes; Rep. Jeff Harris 86,550 votes; and Molly Williams, 23,140 votes….

….The Democratic Attorney General primary recount is the second statewide recount conducted since Secretary Carnahan took office in 2005. In 2006, a recount of the Republican State Auditor primary confirmed the victory of Sandra Thomas over Jack Jackson.

— 30 —

[emphasis added]

Chris Koster’s campaign issued the following press release:

FOR IMMEDIATE RELEASE

THURSDAY, SEPTEMBER 11, 2008

KOSTER CALLS FOR UNITY; LOOKS FORWARD TO FALL CAMPAIGN

Senator Chris Koster, the Democratic nominee for Attorney General, today issued the following statement regarding the certification of recount results in the Attorney General primary election:

“Throughout a hard-fought primary campaign, Representatives Donnelly and Harris championed issues critical to Missouri’s future, ranging from important consumer protections to the prosecution of cyber crimes. I look forward to working with both of them and their supporters to carry those issues and others through the November election and into the Attorney General’s Office. It is now time to move forward as one strong, united Democratic ticket led by Missouri’s next governor, Jay Nixon, to deliver the change our state’s working families so desperately need.”

###

Update: Margaret Donnelly’s campaign sent out the following e-mail:

The Secretary of State has certified the results of the recount and the outcome is the same. I have called Chris Koster and congratulated him. Although we all would have liked a different ending to this story, I am proud of the campaign that we ran and the doors that we opened.

The friendship and support you have shown me over the past year have been at times overwhelming. During these past weeks of the recount, I continued to be humbled and gratified by the sacrifices made by so many in order to help.

I will now focus my efforts on making sure that Democrats from Barack Obama down to legislative candidates are elected. This is a critical election and I hope you will join me in doing everything we can to insure that we put Democrats in those positions.

I will never forget all of your many kindnesses and your efforts on behalf of my campaign.

Best regards,

Margaret Donnelly

Missouri Supreme Court to Margaret Donnelly: not here, not now

28 Thursday Aug 2008

Posted by Michael Bersin in Uncategorized

≈ 3 Comments

Tags

Attorney General primary, Chris Koster, Margaret Donnelly, Missouri Supreme Court, recount

Mo. AG candidate files new suit contesting ballots

Associated Press – August 26, 2008 6:24 PM ET

JEFFERSON CITY, Mo. (AP) – Losing Democratic attorney general candidate Margaret Donnelly has been rebuffed on procedural grounds by the Missouri Supreme Court in her quest for a review of uncounted ballot.

But Donnelly has quickly re-filed her lawsuit in Clay County Circuit Court…

tiny URL

So, the lawsuit was filed in Clay County:

08CY-CV08262 – MARGARET DONNELLY ET AL V SANDY COLLOP ET AL

Judge Assigned: HARMAN, LARRY DALE Date Filed: 08/26/2008

Location: Clay Case Type: CC Other Miscellaneous Actions

Disposition: Not Disposed

Who got sued?:

It’s a long list.

08CY-CV08262 – MARGARET DONNELLY ET AL V SANDY COLLOP ET AL

DONNELLY , MARGARET , Plaintiff     represented by     RHYNE , RICHARD DALY , Attorney for Plaintiff

68 LAKE FOREST DRIVE

SAINT LOUIS, MO 63117

2345 GRAND BOULEVARD

KANSAS CITY, MO 64108

DOE , JOHN , Plaintiff     represented by     RHYNE , RICHARD DALY , Attorney for Plaintiff

2345 GRAND BOULEVARD

KANSAS CITY, MO 64108

COLLOP , SANDY , Defendant    

COUNTY CLERK OF ADAIR COUNTY

106 W WASHINGTON, 2ND FLOOR

KIRKSVILLE, MO 63501

HARVEY , SHELLEY , Defendant    

COUNTY CLERK OF AUDRAIN COUNTY

101 N JEFFERSON, ROOM 101

MEXICO, MO 65265

CONWAY , PAT , Defendant    

COUNTY CLERK OF BUCHANAN CO

411 JULES, ROOM 121

SAINT JOSEPH, MO 64501

REINHART , DAVE , Defendant    

CO-DIR OF BOARD OF ELECTION

COMMISSIONERS OF CLAY COUNTY

100 W MISSISSIPPI STREET

LIBERTY, MO 64068

EVANS , PATTY , Defendant    

CO-DIR OF BOARD OF ELECTION

COMMISSIONERS OF CLAY COUNTY

100 W MISSISSIPPI STREET

LIBERTY, MO 64068

KEMPF , DARRYL , Defendant    

COUNTY CLERK OF COOPER COUNTY

200 MAIN STREET, ROOM 23

BOONVILLE, MO 65233

DOOR , DEBBIE , Defendant    

COUNTY CLERK OF FRANKLIN CO

400 E LOCUST, STE 201

UNION, MO 63084

NICHOLS , ROBERT C JR , Defendant    

CO-DIR OF THE BOARD F ELECTION

COMMISSIONERS OF JACKSON CO

215 N LIBERTY ST

INDEPENDENCE, MO 64051

DAVIS , CHARLENE , Defendant    

CO-DIR F THE BOARD OF ELECTION

COMMISSIONERS OF JACKSON CO

215 N LIBERTY STREET

INDEPENDENCE, MO 64051

WAGNER , WES , Defendant    

COUNTY CLERK OF JEFFERSON CO

729 MAPLE ST, ROOM 217

HILLSBORO, MO 63050

KIEFFER , SHAWN , Defendant    

CO-DIRECT OF BOARD OF ELECTION

COMMISSIONERS OF KANSAS CITY

1828 WALNUT, SUITE 300

KANSAS CITY, MO 64108

MCTHOMAS , SHELLEY , Defendant    

CO-DIRECT OF BOARD OF ELECTION

COMMISSIONERS OF KANSAS CITY

1828 WALNUT, SUITE 300

KANSAS CITY, MO 64108

CHRISTOPHER , KELLY , Defendant    

COUNTY CLERK OF LIVINGSTON CO

700 WEBSTER STREET, SUITE 10

CHILLICOTHE, MO 64601

GROEPPER , ANITA E , Defendant    

COUNTY CLERK OF MONITEAU CO

200 E MAIN STREET, ROOM 106

CALIFORNIA, MO 65018

ERICKSON , MARY BETH , Defendant    

CO-DIR OF BOARD OF ELECTION

COMMISSIONERS OF PLATTE CO

2600 NW PRAIRIE VIEW ROAD

PLATTE CITY, MO 64079

FLANIGAN , WENDY M , Defendant    

CO-DIRECT OF BOARD OF ELECTION

COMMISSIONERS OF PLATTE CO

2600 NW PRAIRIE VIEW ROAD

PLATTE CITY, MO 64079

CHRISMER , RICH , Defendant    

ST CHARLES CO ELECTION AUTHORI

397 TURNER BLVD

SAINT PETERS, MO 63376

JONES , MARY WHEELER , Defendant    

CO-DIRECT OF BOARD OF ELECTION

COMMISSIONERS OF ST LOUIS CITY

300 N TUCKER

SAINT LOUIS, MO 63101

LINENDECKER , SCOTT , Defendant    

CO-DIRECT OF BOARD OF ELECTION

COMMISSIONERS OF ST LOUIS CITY

300 N TUCKER

SAINT LOUIS, MO 63101

DONAHUE , JOE , Defendant    

CO-DIRECT OF BOARD OF ELECTION

COMMISSION OF ST LOUIS COUNTY

12 SUNNEN DRIVE, STE 126

SAINT LOUIS, MO 63143

GOEKE , JOSEPH , Defendant    

CO-DIRECT OF BOARD OF ELECTION

COMMISSION OF ST LOUIS COUNTY

12 SUNNEN DRIVE, STE 126

SAINT LOUIS, MO 63143

REGISTER , MARVIN , Defendant    

COUNTY CLERK – COLE COUNTY

311 E HIGH STREET, ROOM 201

JEFFERSON CITY, MO 65101

LUCK , ELAINE , Defendant    

COUNTY CLERK – LINCOLN COUNTY

201 MAIN STREET

TROY, MO 63379

WILLIAMS , BARBARA , Defendant    

COUNTY CLERK – MCDONALD COUNTY

602 MAIN STREET

PINEVILLE, MO 64856

BAUM , KAY , Defendant    

COUNTY CLERK – NEWTON COUNTY

101 S WOOD STREET

NEOSHO, MO 64850

BRYANT , KENNETH R , Defendant    

COUNTY CLERK – SALINE COUNTY

101 E ARROW, ROOM 202

MARSHALL, MO 65340

TAYLOR , SUSETTE , Defendant    

COUNTY CLERK – ATCHISON COUNTY

400 S WASHINGTON

ROCK PORT, MO 64482

SMITH , CONNIE , Defendant    

COUNTY CLERK – CRAWFORD COUNTY

203 MAIN STREET

STEELVILLE, MO 65565

STEWARD , LINDA , Defendant    

COUNTY CLERK – DAVIESS COUNTY

102 N MAIN STREET

GALLATIN, MO 64640

BERRY , MARY , Defendant    

COUNTY CLERK – DEKALB COUNTY

109 N MAIN STREET

MAYSVILLE, MO 64469

REIDLINGER , CAROL , Defendant    

COUNTY CLERK – GENTRY COUNTY

200 W CLAY

ALBANY, MO 64402

BASIER , KAY , Defendant    

COUNTY CLERK-STE GENEVIEBE CTY

55 S THIRD STREET

SAINTE GENEVIEVE, MO 63670

CARNAHAN , ROBIN , Defendant    

SECRETARY OF STATE

STATE OF MISSOURI

600 WEST MAIN STREET

JEFFERSON CITY, MO 65101

KOSTER , CHRIS , Defendant    

1100 SOUTH MAIN STREET

HARRISONVILLE, MO 64701

And this is what’s happened so far:

08CY-CV08262 – MARGARET DONNELLY ET AL V SANDY COLLOP ET AL

08/26/2008

Docket Entry:   Pet Filed in Circuit Ct

Docket Entry: Certificate of Service

Filing Party: RHYNE , RICHARD DALY

Docket Entry: Motion Filed

Text: MOTION TO SHORTEN TIME TO RESPOND TO FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO RESPONDENTS. KST

Filing Party: RHYNE , RICHARD DALY

Docket Entry: Summons Issued-Circuit

Text: Document ID: 08-SMCC-1941, for KOSTER, CHRIS;SUMMONS ISSUED AND DELIVERED BACK TO ATTORNEY FOR SERVICE TOGETHER WITH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS.bp

Docket Entry: Order

Text: Order Setting Preliminary Hearing for Election Contest for 9-02-2008 @ 1:00 pm by agreement. LDH

Filing Party: HARMAN , LARRY DALE

Docket Entry: Order

Text: Contestant’s Motion to Shorten Time to Respond to the First Request for Production of Documents to Respondents is granted. Respondents shall respond not later than August 29, 2008. LDH

Filing Party: HARMAN , LARRY DALE

Docket Entry:   Hearing Scheduled

Associated Events: 09/02/2008 , 13:00:00 – Hearing

Docket Entry: Summons Issued-Reg/Cert Mail

Text: Document ID: 08-SMCM-87, for COLLOP, SANDY; Document ID: 08-SMCM-88, for HARVEY, SHELLEY; Document ID: 08-SMCM-89, for CONWAY, PAT; Document ID: 08-SMCM-90, for REINHART, DAVE; Document ID: 08-SMCM-91, for EVANS, PATTY; Document ID: 08-SMCM-92, for KEMPF, DARRYL; Document ID: 08-SMCM-93, for DOOR, DEBBIE; Document ID: 08-SMCM-94, for NICHOLS, ROBERT C; Document ID: 08-SMCM-95, for DAVIS, CHARLE
NE; Document ID: 08-SMCM-96, for MCTHOMAS, SHELLEY; Document ID: 08-SMCM-97, for KIEFFER, SHAWN; Document ID: 08-SMCM-98, for WAGNER, WES; Document ID: 08-SMCM-99, for CHRISTOPHER, KELLY; Document ID: 08-SMCM-100, for GROEPPER, ANITA E; Document ID: 08-SMCM-101, for ERICKSON, MARY BETH; Document ID: 08-SMCM-102, for FLANIGAN, WENDY M; Document ID: 08-SMCM-103, for CHRISMER, RICH; Document ID: 08-SMCM-104, for JONES, MARY WHEELER; Document ID: 08-SMCM-105, for LINENDECKER, SCOTT; Document ID: 08-SMCM-106, for DONAHUE, JOE; Document ID: 08-SMCM-107, for GOEKE, JOSEPH; Document ID: 08-SMCM-108, for REGISTER, MARVIN; Document ID: 08-SMCM-109, for LUCK, ELAINE; Document ID: 08-SMCM-110, for WILLIAMS, BARBARA; Document ID: 08-SMCM-111, for BAUM, KAY; Document ID: 08-SMCM-112, for BRYANT, KENNETH R; Document ID: 08-SMCM-113, for TAYLOR, SUSETTE; Document ID: 08-SMCM-114, for SMITH, CONNIE; Document ID: 08-SMCM-115, for STEWARD, LINDA; Document ID: 08-SMCM-116, for BERRY, MARY; Document ID: 08-SMCM-117, for REIDLINGER, CAROL; Document ID: 08-SMCM-118, for BASIER, KAY; Document ID: 08-SMCM-119, for CARNAHAN, ROBIN; SUMMONS ISSUED AND MAILED BY CERTIFIED MAILED TOGETHER WITH FIRST REQUEST FOR PRODUCTION DOCUMENTS.bp

We’ll know more on Tuesday, September 2nd after the hearing. This lawsuit is separate from the actual recount under the aegis of the Secretary of State.  

Democratic Attorney General Primary: recount

26 Tuesday Aug 2008

Posted by Michael Bersin in Uncategorized

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Attorney General, Chris Koster, Margaret Donnelly, recount

There’s going to be a recount.

Our previous coverage, eleven days ago:

Margaret Donnelly to ask for recount in Attorney General primary

Today I received the following via e-mail from Margaret Donnelly’s legal representatives:

Margaret Donnelly Officially Files Request for Recount in Attorney General Primary    

Certification of Missouri Democratic Primary Results Means that Campaign Can Proceed with Formal Request of Recount

After receiving word that the Democratic primary results for the Missouri Attorney General race were certified late last week, Representative Margaret Donnelly (Dem.) has officially filed her formal request for a recount of the Democratic ballots.  As Donnelly was second to Senator Chris Koster by a 0.2% margin, with a 780-vote differential out of more than 346,000 votes cast, this result is well within the margin necessary to qualify for a recount.

In accordance with the state statutes that provide guidance for this procedure, the Donnelly campaign has filed a petition with the state’s Supreme Court to consider all votes, including rejected absentee and provisional ballots, cast in the primary election.  With this result representing the closest statewide race in Missouri history, each vote becomes all the more significant in an outcome where a mere one-vote swing in as few as 25% of the precincts in the state would result in a Donnelly victory.

Acting on the campaign’s behalf, Lathrop & Gage L.C. filed the official request for recount pursuant to Section 115.601, RSMo late on Friday, and on Monday afternoon filed its petition with the Missouri Supreme Court to consider all votes in the process, including rejected absentee and provisional ballots.  Member Richard Rhyne of the firm’s Kansas City office has led the legal team in this matter – during the campaign he served as chair of the Donnelly for Attorney General Greater Kansas City-Area Steering Committee, and has handled election recount matters in his legal practice.

“We are following the procedure that the state has established, so at this point it is a legal proceeding,” Ms. Donnelly said.  “We want to be sure that all voices are heard in this election, which is the common goal that we and the party both share….”

[emphasis added]

As of this writing the petition mentioned in the e-mail and reportedly filed with the Missouri Supreme Court (separate from the recount request filed with the Missouri Secretary of State) doesn’t show up in the case file system.

One of the elements in the recount, for optical scan and paper ballots, in reference to “over votes” and “under votes” is the “Uniform Counting Standards” in the Code of State Regulations (Chapter 15) (pdf). This applies to the actual recount and is separate from the issue(s) reportedly raised in the Missouri Supreme Court petition.

The Missouri Revised Statutes address the start (and other parts) of the recount process:

Missouri Revised Statutes

Chapter 115

Election Authorities and Conduct of Elections

Section 115.601

August 28, 2007

Recount authorized when less than one percent difference in vote –recount, defined.

115.601. 1. Any contestant in a primary or other election contest who was defeated by less than one percent of the votes cast for the office and any contestant who received the second highest number of votes cast for that office if two or more are to be elected and who was defeated by less than one percent of the votes cast, or any person whose position on a question was defeated by less than one percent of the votes cast on the question, shall have the right to a recount of the votes cast for the office or on the question.

2. In cases where the candidate filed or the ballot question was originally filed with an election authority as defined in section 115.015, such recount shall be requested in accordance with the provisions of section 115.531 or 115.577 and conducted under the direction of the court or the commissioner representing the court trying the contest according to the provisions of this subchapter.

3. In cases where the candidate filed or the ballot question was originally filed with the secretary of state, the defeated candidate or the person whose position on a question was defeated by less than one percent of the votes cast on the question shall be allowed a recount pursuant to this section by filing with the secretary of state a request for a recount stating that the person or the person’s position on a question was defeated by less than one percent of the votes cast. Such request shall be filed not later than seven days after certification of the election. The secretary of state shall notify all concerned parties of the filing of the request for a recount. The secretary of state shall authorize the election authorities to conduct a recount pursuant to this section if the requesting party or his position on a question was defeated by less than one percent of the votes cast. The secretary of state shall conduct and certify the results of the recount as the official results in the election within twenty days of receipt of the aforementioned notice of recount.

4. Whenever a recount is requested pursuant to subsection 3 of this section, the secretary of state shall determine the number of persons necessary to assist with the recount and shall appoint such persons equally from lists submitted by the contestant and the opponent who received more votes or a person whose position on a question received more votes than the contestant’s position on that question. Each person appointed pursuant to this section shall be a disinterested person and a registered voter of the area in which the contested election was held. Each person so appointed shall take the oath prescribed for and receive the same pay as an election judge in the jurisdiction where the person is registered. After being sworn not to disclose any facts uncovered by the recount, except those which are contained in the report, the contestant and the opponent who received more votes or a person whose position on a question received more votes than the contestant’s position on that question shall be permitted to be present in person or represented by an attorney at the recount and to observe the recount. Each recount shall be completed under the supervision of the secretary of state with the assistance of the election authorities involved, and the persons appointed to assist with the recount shall perform such duties as the secretary of state directs. Upon completion of any duties prescribed by the secretary of state the persons appointed to assist with the recount shall make a written and signed report of their findings. The findings of the persons appointed to assist with the recount shall be prima facie evidence of the facts stated therein, but any person present at the examination of the votes may be a witness to contradict the findings. No one other than the secretary of state, the election authorities involved, the contestant and the other witnesses described in this subsection, their attorneys, and those specifically appointed by the secretary of state to assist with the recount shall be present during any recount conducted pursuant to this section.

5. For purposes of this section, “recount” means one additional counting of all votes counted for the office or on the question with respect to which the recount is requested.

[emphasis added]

The actually recount part of this will have to proceed quite quickly.

Margaret Donnelly to ask for recount in Attorney General primary

15 Friday Aug 2008

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

Attorney General, Chris Koster, Margaret Donnelly, Primary, recount

We received the following press release from Margaret Donnelly’s campaign:

For Immediate Release

Margaret Donnelly Asks Secretary of State’s Office for Recount of Attorney General Results

Representative Margaret Donnelly, 2008 candidate for Attorney General in the state of Missouri, today announced her intention to file a formal request for a recount of the Democratic ballots cast in the state’s primary election August 5.  Donnelly was second to Chris Koster by a 0.2% margin, with a 794-vote differential out of more than 346,000 votes cast.  (Results are still unofficial until they are certified by the Secretary of State.)  With  the smallest margin in a statewide race in Missouri history, a one-vote swing in as few as 25% of the precincts in the state would result in a Donnelly victory.

“Voting is the heart of the democratic process, and we are pursuing a recount as that is the fairest way possible to make sure the people’s voice through the election is most accurately heard,” Ms. Donnelly said.  “I have received encouragement to pursue the recount from an overwhelming number of Democratic primary voters. At this stage the recount becomes a legal procedure.”

Lathrop & Gage L.C. has been hired to represent the Donnelly campaign in this matter.  Member Richard Rhyne of the firm’s Kansas City office has served as chair of the Donnelly for Attorney General Greater Kansas City-Area Steering Committee, and has handled election recount matters in his legal practice.

“Lathrop & Gage has handled election recounts like this many times before,” Ms. Donnelly said.  Counted among those matters would be the Dolan v. Powers recount of the Johnson County, Missouri Auditor’s race, a precedent-setting case that set the standard for election recounts since Missouri enacted the Uniform Counting Standards.  “As candidates are able to request a recount whenever their losing margin is less than 1 percentage point, and given the slim margin separating the candidates at the top, we feel it is in the best interest of the state and of all those who voted to make sure there is no error in tabulating the final results and that the votes of all citizens are counted for this important race.”

[emphasis added]

The release from Donnelly’s campaign mentions the Johnson County recount from the 2006 election. Our previous coverage of that case:

Coughing up a giant hairball: the Western Court of Appeals rules on the Johnson County recount case

The Johnson County recount case is finally over

The last statewide primary recount occurred in 2006, in the republican State Auditor primary. The results were not overturned.

Update:

A press release from Chris Koster’s campaign:

FOR IMMEDIATE RELEASE

FRIDAY, AUGUST 15, 2008

KOSTER WELCOMES RECOUNT; CONFIDENT IN VICTORY

Senator Chris Koster today issued the following statement regarding the recount in the Attorney General primary election:

“Representative Donnelly and her supporters ran a tremendous race. It is within her right to verify the election’s results. We remain confident that our campaign is on the path to victory in November, and I will continue to travel to every corner of Missouri to talk about my law enforcement experience and the issues that matter most to working families.”

###

[emphasis added]

A ham breakfast at the Missouri State Fair

14 Thursday Aug 2008

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

Chris Koster, Claire McCaskill, Jay Nixon, Judy Baker, Margaret Donnelly, missouri, Missouri State Fair

Yeah, it’s called the Governor’s Ham Breakfast, but the one we’ve got currently is such a lame duck that the name of the meal doesn’t exactly go with his title…

The parking area near the Director’s Tent, site of the breakfast, is surrounded by a forest of candidate yard signs.

Starting at 7:00 this morning on the grounds of the Missouri State Fair in Sedalia campaigns lined the path to the ham breakfast entry gate with volunteers who held candidate signs and offered campaign stickers in a long and colorful gauntlet which attendees passed through to get to the breakfast.

State Representative Paul LeVota (D) (right), House Minority Leader.

Before the breakfast candidates greet supporters, each other, their opponents, and their opponent’s supporters in one giant schmooze fest outside the tent (and later, inside)- all with the media watching, listening, and photographing.  

Congressman Kenny Huslshof (r) (left), the republican nominee for governor, and Congressman Ike Skelton (D) (center).

State Representative Judy Baker (D), the Democratic Party nominee in the 9th Congressional District.

Campaign videographers (also known as “trackers”) filming everyone and everything.

Judy Baker and Missouri Secretary of State Robin Carnahan (D).

Senator Claire McCaskill (D) (center) and Missouri State Auditor Susan Montee (D) (right) at the ham breakfast entry gate.

Missouri Attorney General Jay Nixon (D), the Democratic Party nominee for governor.

Senator Claire McCaskill gives a radio interview.

State Representative Margaret Donnelly, a Democratic Party candidate for Attorney General.

State Senator Chris Koster (D) (center), the Democratic Party nominee for Attorney General, and Judy Baker.

Claire McCaskill and Chris Koster.

Claire McCaskill and Judy Baker.

Missouri Governor Matt Blunt (r) gives a radio interview.

Koster to McCulloch: thank you

07 Thursday Aug 2008

Posted by Michael Bersin in Uncategorized

≈ 16 Comments

Tags

Chris Koster, Margaret Donnelly, Missour, Robert McCulloch

Chris Koster won the election for AG, and my colleague, Michael Bersin, is happy to accept that and move on.

I’m not that far along. I have one more bone to pick, and it’s with Robert McCulloch, the St. Louis County Prosecuting Attorney.

Not only did McCulloch endorse Chris Koster, he produced a robocall for him on the day before the election. I got one.

The point of his call–the same point Koster himself made in ad after robocall after ad–is that Koster was the only candidate with prosecutorial experience. Right. So? Since the Attorney General does no actual prosecuting himself, and since the duties have mainly to do with setting policy and administrating, Koster’s prosecutorial experience is worth … more than a tinker’s damn, but not a whole lot.

So Robert McCulloch could be said to have cost Margaret Donnelly the election. She lost by an eyelash, and that robocall that McCulloch produced easily added enough votes to Koster’s column to make the difference.

And yet, McCulloch did not consult grass roots leaders in the metropolitan area before coming out in favor of a candidate without any actual Democratic street cred. Approving of a candidate simply because he is in your club, the club of prosecuting attorneys, is insufficient reason to endorse.

I’ve said before and repeat it now, that I’m glad to see a Republican come to our side, but Koster’s votes as a Republican were often heinous. My personal (un)favorite was his attempt last year to introduce a bill revoking what little local control over CAFOs Missourians had. The Senate leadership didn’t force him to carry water for the Farm Bureau like that. Working on behalf of corporate agriculture over small farmers was his own idea.

So, without taking time to see whether a man with that kind of history is actually going to start sharing our values, McCulloch acted on his own. He dumped a fine local candidate with impeccable Democratic credentials.

What’s done, unfortunately, is done. But if I were Donnelly, I might just consider challenging McCulloch in the next primary. Not that I can see Margaret as a prosecutor, but still, there would be poetic justice in it if she won.

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