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Tag Archives: Missouri Attorney General

Mandamus

22 Saturday Jul 2023

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

abortion, abortion rights, Andrew Bailey, clown, initiative petition, mandamus, missouri, Missouri Attorney General, Missouri Supreme Court, Scott Fitzpatrick, State Auditor

Missouri Supreme Court rejects AG’s push to inflate cost of abortion-rights amendment
BY: JASON HANCOCK – JULY 20, 2023 1:46 PM

Missouri Attorney General Andrew Bailey’s efforts to inflate the cost of an abortion-rights initiative petition were unanimously rejected by the state Supreme Court Thursday, just two days after judges heard arguments in the case.

The quick verdict, which was written by Judge Paul Wilson, was scathing in its opinion of Bailey’s refusal to sign off on the work of Auditor Scott Fitzpatrick, concluding that nothing in state law “gives the attorney general authority to question the auditor’s assessment of the fiscal impact of a proposed petition.”

The ruling upheld Cole County Circuit Court Judge Jon Beetem’s ruling last month ordering Bailey to sign off on Fitzpatrick’s fiscal summary within 24 hours.

[….]

Do your job, Andrew Bailey (r).

From the Missouri Supreme Court [No. SC100132] on Friday:

[….]

Dr. Anna Fitz-James (“Fitz-James”) filed a petition in the circuit court of Cole County seeking a writ of mandamus compelling Attorney General Andrew Bailey (“Attorney General”) to approve fiscal note summaries for 11 proposed initiative petitions she had filed with Secretary of State John Ashcroft(“Secretary”). After briefing and argument, the circuit court made permanent its writ of mandamus ordering the Attorney General to do so and to forward notice of that approval to State Auditor Scott Fitzpatrick (“Auditor”). The Attorney General appealed, and this Court has jurisdiction pursuant to article V, section 3 of the Missouri Constitution.

Nothing in section 116.1751 gives the Attorney General authority to question the Auditor’s assessment of the fiscal impact of a proposed petition. Instead, the Attorney General’s authority extends only to reviewing the “legal content and form” of the fiscal notes and summaries prepared by the Auditor, not their substance. Because the circuit court in this case did not err in finding there was no defect in the “legal form and content” of the fiscal note summaries prepared by the Auditor concerning Fitz-James’s proposed initiative petitions, the Attorney General’s refusal to perform the plain, unequivocal, and ministerial duty of approving those summaries (and informing the Auditor he has done so) cannot be justified. The Attorney General was to have performed that task within 10 days of receiving the fiscal notes and summaries from the Auditor, a period that expired more than three months ago. Accordingly, the circuit court’s decision to make permanent its writ of mandamus requiring the Attorney General to perform that duty is affirmed.

[….]

The Auditor disagreed and, on April 21, resubmitted the original fiscal notes and fiscal note summaries to the Attorney General. The Auditor informed the Attorney General that the fiscal notes and summaries complied with the requirements set forth in chapter 116 and that the Attorney General exceeded his review authority under section 116.175.4. On May 1, the Attorney General notified the Auditor that he disagreed and refused to approve the fiscal notes and summaries and that he had fulfilled his statutory duties.

Because of this logjam, the Secretary could not – and, to this day, cannot – complete his duty by certifying the official ballot titles for the proposed petitions. The ballot title is comprised of two parts: a “summary statement” and the fiscal note summary. § 116.180. Pursuant to section 116.334.1, the Secretary prepared a “summary statement” for each of the proposed petitions and sent them to the Attorney General for his review as to “legal content and form.” The Attorney General approved them and notified the Secretary of that approval. Under section 116.180, however, the Secretary cannot certify the official ballot title for any of the proposed petitions until he receives both the approved summary statement and the approved fiscal note summary (as well as the fiscal note) pertaining to that proposed petition. Because the Attorney General refuses to perform his duty, neither the Auditor nor the Secretary can perform his.

[….]

Conclusion

This Court has often repeated the importance of the right to initiative enshrined in the Missouri Constitution:

Nothing in our constitution so closely models participatory democracy in its pure form. Through the initiative process, those who have no access to or influence with elected representatives may take their cause directly to the people. The people, from who all constitutional authority is derived, have reserved the “power to propose and enact or reject laws and amendments to the Constitution.”

[….]

…If technical formalities cannot stand in the way, a failure to perform a clear and unequivocal duty must not be allowed to do so either. If the Attorney General had complied with his duty to approve the Auditor’s fiscal note summaries in the time prescribed by section 116.175.4, the Secretary would have certified the official ballot titles for Fitz-James’s initiative petitions nearly 100 days ago.

For the reasons set for above, the circuit court’s judgment is affirmed.

[….]

And that is what you call a slam dunk.

Previously:

Things > People (May 17, 2023)

Who? What? Who? (May 23, 2023)

Lawyer Larry Keeps Busy

11 Saturday Feb 2023

Posted by penroseonpolitics in Missouri General Assembly

≈ Leave a comment

Tags

education, Education Politics, Missouri Attorney General, Missouri Book Bans, Missouri Education, Missouri Legislature, Missouri Republican Party, Missouri schools, State Censorship of Education, Teacher Cartoon

Schmitt the Birther

05 Saturday Nov 2022

Posted by penroseonpolitics in US Senate

≈ Leave a comment

Tags

2022 Missouri Senate Race, Abortion ban, abortion restrictions, anti-choice laws, Eric Schmitt, Missouri Attorney General, Missouri Political Cartoons, reproductive freedom, reproductive rights, Republican War on Women, Roe v Wade, Roe Your Vote, women's reproductive health

Missouri’s Book Bans

05 Saturday Feb 2022

Posted by penroseonpolitics in Uncategorized

≈ Leave a comment

Tags

book banning, censorship, Eric Schmitt, local control, Missouri Attorney General, missouri school book bans, Missouri schools

Eric the Frivolous

29 Saturday Jan 2022

Posted by penroseonpolitics in Uncategorized, US Senate

≈ 1 Comment

Tags

anti-mask, anti-maskers, Corona virus, COVID-19 relief, Eric Schmitt, mask mandate, Missouri Attorney General, Missouri Schools Mask Mandates, Missouri Taxpayer, pandemic, U.S. Senate

All About Schmitt

06 Monday Sep 2021

Posted by penroseonpolitics in US Senate

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Tags

COVID-19, Eric Schmitt, mask mandate, Missouri Attorney General, Missouri Schools Mask Mandates, pandemic, Republican Senate Race

Image

A Birther’s Constitutional Lesson

06 Friday Sep 2013

Tags

Chris Koster, Gun Laws, Missouri Attorney General, Missouri House Speaker, Missouri Legislature, Missouri Republican Party, Republican Politics, supremacy clause, Tim Jones, U.S. Constitution

Posted by Michael Bersin | Filed under Uncategorized

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Image

Ed Martin's Neverending Campaign

29 Sunday Jan 2012

Tags

Chris Koster, Ed Martin, Missouri Attorney General, Missouri GOP, missouri political cartoon, Missouri politics, Missouri Republican Party, neverending campaign, political humor, professional campaigner, professional office seeker, U.S. Congress, U.S. Senate

Posted by Michael Bersin | Filed under Uncategorized

≈ 1 Comment

Missouri Attorney General Q & A Series – Next Round

17 Monday Sep 2007

Posted by Michael Bersin in Uncategorized

≈ 4 Comments

Tags

Democratic Primary, Missouri Attorney General, straw poll

It’s time for another round of the Q & A series we’re holding here for the Missouri AG candidates. The answers to the last round can be found here; Rep. Jeff Harris won the first poll of our readers convincingly.

This week’s question: “What job that you’ve held in the past has best prepared you for the job of Attorney General? Why?”

The rules are below the fold.

We’ll be asking the AG candidates every couple of weeks to respond to a question, and when the deadline is up, we’ll post the answers together in the order we received them. You’ll then be able to cast a vote for the best answer, as well as discuss in comments who you believe had the best answer.

The rules are simple:

1) Answers must be 250 words or less.

2) Answers must be received by noon on Wednesday.

We’ll put up a link to each candidate’s ActBlue page every time they respond according to the rules. Feel free to suggest future questions in comments.

Democratic AG Question and Answer Series: The Answers

29 Wednesday Aug 2007

Posted by Michael Bersin in Uncategorized

≈ 21 Comments

Tags

Chris Koster, Jeff Harris, Margaret Donnelly, Missouri Attorney General

On Monday, we introduced a new feature here at Show Me Progress, a question and answer series with the Democratic candidates for Attorney General. The deadline has passed, and the answers are in. I want to thank the candidates for responding politely and in a timely fashion.

The question was, “What would be the first issue you would tackle as Attorney General? Why and how?”

The answers, in the order received, are below the fold.

As promised, I’m putting up a link to the ActBlue pages of the candidates who responded according to the rules. Only Jeff Harris has an ActBlue page at this point, so he’s the only one that gets the link. If you like what Rep. Harris had to say, consider dropping him a few bucks here. When the others have an ActBlue page up, we’ll link to them.

Representative Jeff Harris (D-Columbia):

Thanks for the opportunity to respond to your survey.  I look forward to any feedback  your readers will give me.  As the House Democratic Leader, I have led the fight to stop the Blunt agenda, which has caused so much harm to so many Missourians.  I want to continue to fight for progressive values as your next Attorney General.  I have a detailed list of my policy positions at my website: http://www.electjeffharris.com/issues/.

I will make Internet safety and the protection of personal information a top priority, including establishing a statewide task force to fight Internet crimes against children.  As a soon-to-be parent, I am committed to protecting our youngest citizens from pedophiles who prowl the Internet.  Several Attorneys General have established these task forces to successfully coordinate and assist with investigations and provide training and assistance to law enforcement and prosecutors.  I will advocate for model legislation to protect our privacy and create a special unit in my office to combat cyber crimes and protect Missourians’ privacy.  For instance, at the University of Missouri, a number of student and employee Social Security numbers were compromised.  In addition, Missourians have a right to have their medical records protected from disclosure.

I welcome comment on any of my initiatives.  Please contact me at info@electjeffharris.com.  And, please support my progressive vision as we work to move our state forward.

Representative Margaret Donnelly (D-St. Louis):

I will strengthen the role of the attorney general’s office in protecting the public against the sale of unsafe products.

Almost every product we consume has materials produced in countries where oversight and regulatory controls fall far short of our expectations in this country. Clearly, the federal government has not effectively handled the problem. So the state must take a more active role.

Even before being elected as attorney general, I will sponsor legislation next session to enact the Missouri Children’s Product Safety Act.  The act would prohibit the sale of all unsafe children’s products, force companies to remove products from shelves, and empower the attorney general to enforce the law. Seven other states are effectively using similar laws to stop unsafe products from distribution and sale.

I will also offer a resolution that calls on Congress and the President to enact the Consumer Product Safety Modernization Act.  This act would increase product safety inspections, toughen enforcement and increase penalties for violations.

As attorney general, I will increase the efforts of the Consumer Protection Division in identifying and stopping unsafe products being sold in our state.  I will actively enforce Missouri’s Merchandising Practices Act to halt the sale of all unsafe products in Missouri.  This act currently empowers the attorney general to investigate and prosecute unlawful practices in trade and commerce.  I will introduce legislation next session to make clear that these unlawful practices include the sale of unsafe products.

Missouri must act because the federal government has failed.

The first response we received was actually a very polite reply from Chris Koster’s spokesperson, informing me that although he appreciates our website, he has not announced yet his intention to run for Attorney General, and as such, it would be inappropriate to participate in our Q & A series at this time.

What do you think? Who had the best answer, and why? Vote in our poll, and discuss in comments.

[poll id=”

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