In the Bill of Rights, Missouri Constitution:

I Section 35. Right to farm. — That agriculture which provides food, energy, health benefits, and security is the foundation and stabilizing force of Missouri’s economy. To protect this vital sector of Missouri’s economy, the right of farmers and ranchers to engage in farming and ranching practices shall be forever guaranteed in this state, subject to duly authorized powers, if any, conferred by article VI of the Constitution of Missouri. [….]

What were they thinking?

A few days ago:

Jack Suntrup @JackSuntrup
Rejected applicant for marijuana cultivation facility cites ‘Right to Farm’ in lawsuit, challenges Missouri’s scoring system
[….]
11:51 AM · Dec 28, 2019

Heh.

Sure enough:

19AC-CC00556 – SARCOXIE NURSERY CULT LLC V RANDALL WILLIAMS ETAL (E-CASE)

12/30/2019
Cause Taken Under Advisement

Hearing Held
Petitioner appears Sarcoxie Nursery Cultivation Center LLC and by Attorney Joseph Bednar/Attorney Bryan Bear. Respondent appears Randall W Williams and by Attorney Ross Kaplan/Attorney Gerald Jackson. Case heard by Div I by agreement of parties and due to availability of Judges. Cause taken under advisement. /s/JEB/dj
Scheduled For: 12/30/2019; 4:00 PM ; PATRICIA S JOYCE; Cole Circuit

Entry of Appearance Filed
Entry of Appearance; Electronic Filing Certificate of Service.
Filed By: ROSS AARON KAPLAN
On Behalf Of: RANDALL W WILLIAMS, LYNDALL FRAKER, DEPARTMENT OF HEALTH AND SENIOR SERVICES

Entry of Appearance Filed
Entry of Appearance; Electronic Filing Certificate of Service.
Filed By: GERALD M JACKSON
On Behalf Of: RANDALL W WILLIAMS, LYNDALL FRAKER, DEPARTMENT OF HEALTH AND SENIOR SERVICES

Confid Filing Info Sheet Filed

Hearing Scheduled
Associated Entries: 12/30/2019 – Hearing Held
Scheduled For: 12/30/2019; 4:00 PM ; PATRICIA S JOYCE; Cole Circuit

Note to Clerk eFiling
Filed By: JOSEPH PAUL BEDNAR

Notice of Hearing Filed
NOTICE OF HEARING ON MOTION FOR TEMPORARY RESTRAINING ORDER. sb
Filed By: JOSEPH PAUL BEDNAR
On Behalf Of: SARCOXIE NURSERY CULTIVATION CENTER, LLC

Mot for Temp Restraining Order
MOTION FOR TEMPORARY RESTRAINING ORDER. sb
Filed By: JOSEPH PAUL BEDNAR
On Behalf Of: SARCOXIE NURSERY CULTIVATION CENTER, LLC

Filing Info Sheet eFiling
Filed By: JOSEPH PAUL BEDNAR

Pet Filed in Circuit Ct
SARCOXIE PETITION FOR DECLARATORY JUDGMENT, TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIONS, WRITS FO MANDAMUS PROHIBITION, AND OTHER RELIEF; EXHIBIT A CULTIVATION CENTER REQUEST FOR VARIANCE. sb
On Behalf Of: SARCOXIE NURSERY CULTIVATION CENTER, LLC

Judge Assigned

It ain’t a free country if a cat can’t farm what he pleases, right?

Senator Mike Parson released this announcement in regard to the recount effort taking place on Amendment 1, “Right To Farm,” which passed in August by just over a 2,000 vote margin statewide:

“It is a shame the taxpayers have had to foot the bill for this recount when it was clear the outcome would not be changed,” said Parson, “The effort and expense for this project has been significant.  I am looking forward to the results being certified and this important language being added to the Missouri Constitution.”

I’m sure that if those 2,000 votes had fallen to the other side, the Senator from Farm Bureau would have held his head high and accepted defeat gracefully, without even a passing thought about making taxpayers “foot the bill.”

The recount for Amendment 1, the so called “Right to Farm” constitutional amendment, has started. The Secretary of State has the Report of Findings available by county. At this point eleven counties have submitted their recount reports:

Amendment 1

Boone County

As certified 8/25/14: 8960 yes, 18471 no

Recount: 8963 yes, 18476 no

Difference: +3 yes, +5 no

DeKalb County

As certified 8/25/14: 1547 yes, 506 no

Recount: 1549 yes, 507 no

Difference: +2 yes, +1 no

Jasper County

As certified 8/25/14: 8936 yes, 5721 no

Recount: 8933 yes, 5721 no

Difference: -3 yes, +0 no

Laclede County

As certified 8/25/14: 5015 yes, 2103 no

Recount: 5016 yes, 2103 no

Difference: +1 yes, +0 no

Lewis County

As certified 8/25/14: 1185 yes, 609 no

Recount: 1190 yes, 608 no

Difference: +5 yes, -1 no

Moniteau County

As certified 8/25/14: 2471 yes, 868 no

Recount: 2472 yes, 869 no

Difference: +1 yes, +1 no

Nodaway County

As certified 8/25/14: 2704 yes, 1662 no

Recount: 2708 yes, 1664 no

Difference: +4 yes, +2 no

Ozark County

As certified 8/25/14: 1346 yes, 1187 no

Recount: 1347 yes, 1188 no

Difference: +1 yes, +1 no

Stoddard County

As certified 8/25/14: 2955 yes, 1907 no

Recount: 2955 yes, 1907 no

Difference: +0 yes, +0 no

Taney County

As certified 8/25/14: 4374 yes, 4294 no

Recount: 4380 yes, 4296 no

Difference: +6 yes, +2 no

Washington County

As certified 8/25/14: 2068 yes, 1114 no

Recount: 2073 yes, 1119 no

Difference: +5 yes, +5 no

[emphasis added]

“Yes” gained 25 votes, “No” gained 16 votes. There’s a long, long way to go before this is finished.

The Missouri Code of State Regulations [pdf] has a section, Title 15, Division 30, Chapter 9 – “Uniform Counting Standards” which illustrates the standards for counting votes which may not have registered on optical scanning equipment. As one looks at the examples you can understand why this could happen.

There is a tendency for the vote totals to go up when a hand recount takes place – a counting team (it’s a very rigorous process) can distinguish legally cast votes which an optical scanner won’t register (for instance, a circled candidate name or ballot issue response or a circled “bubble”). And let’s not be too hard on the voters who cast such ballots – they don’t vote every day, and ballot marking protocols have changed over time as election authorities have changed their county’s ballot formats.

What should give us pause is when the totals go down. Think about that for a minute.

Previously:

Campaign Finance: $110,000.00 for something they really care about (January 3, 2014)

Campaign Finance: Food fight! (May 28, 2014)

Campaign Finance: Because, across Missouri, family farms are being supplanted by… (June 24, 2014)

Campaign Finance: as if yard signs were actually a cash crop for actual farmers… (June 28, 2014)

Utilizing the First Amendment to challenge our oppressive corporate overlords… (July 2, 2014)

Joe Maxwell – “No” on Amendment No. 1 (July 8, 2014)

Campaign Finance: egg money (July 9, 2014)

Campaign Finance: opposing useless law (July 25, 2014)

Right to farm: read the small print and between the lines (July 25, 2014)

Pinch me, I must be dreaming – Cynthia Davis gets it right on Amendment 1 (July 30, 2014)

Campaign Finance: Big agriculture money keeps pouring in for Amendment 1 (July 31, 2014)

Baker Creek Seed Company – Vote “No” on Amendment 1 (August 3, 2014)

Senator Paul LeVota (D) on Amendment 1 (August 4, 2014)

After all that corporate money this is the best that they can do on Amendment 1? (August 6, 2014)

Amendment 1 – Recount (August 26, 2014)

From the Missouri Secretary of State:

[….]

FOR IMMEDIATE RELEASE

Tuesday, August 26, 2014

[….]

Kander Announces Recount on Statewide Ballot Measure

Jefferson City, Mo. – Secretary of State Jason Kander today announced a statewide recount of Constitutional Amendment 1, which appeared on Missouri’s August 5th primary election ballot, has been requested.

Kander’s office has created a webpage (www.sos.mo.gov/elections/Amendment1) to make the recount process more transparent and accessible to Missourians. The page will be updated daily at 3 p.m. to show the recount schedule established by the local election authorities, each local election authority’s report of findings, and a summary of recount results. The office will also train a team of staff members that can be dispatched throughout the state if assistance is requested. Per state statute, the recount will be supervised and certified by the secretary of state’s office no later than September 15.

“My goal is to set the standard for an open, transparent and fair recount process,” Kander said. “Recounts are in place to both ensure the integrity of elections and give Missourians confidence in the results, which is why I put an emphasis on new transparency measures.”

According to state law (RSMo 115.601), recounts are not automatically triggered, but must be requested by a registered voter whose position on the ballot question was defeated. Statewide races are only eligible for a recount when results are separated by less than one half of one percent of total votes cast. Of 996,672 votes cast on Constitutional Amendment 1, there were 499,581 “yes” votes and 497,091 “no” votes, with a difference of 0.24 percent.

The recount was requested by Wes Shoemyer on behalf of Missouri’s Food for America. Constitutional Amendment 1 will be represented by Dan Kleinsorge on behalf of Missouri Farmers Care.

Local election authorities will determine the date and time for recounts to take place in their respective counties, and a bipartisan team of election judges will conduct the process. Media may be present to observe the proceedings.                                    

– 30 –

Previously:

Campaign Finance: $110,000.00 for something they really care about (January 3, 2014)

Campaign Finance: Food fight! (May 28, 2014)

Campaign Finance: Because, across Missouri, family farms are being supplanted by… (June 24, 2014)

Campaign Finance: as if yard signs were actually a cash crop for actual farmers… (June 28, 2014)

Utilizing the First Amendment to challenge our oppressive corporate overlords… (July 2, 2014)

Joe Maxwell – “No” on Amendment No. 1 (July 8, 2014)

Campaign Finance: egg money (July 9, 2014)

Campaign Finance: opposing useless law (July 25, 2014)

Right to farm: read the small print and between the lines (July 25, 2014)

Pinch me, I must be dreaming – Cynthia Davis gets it right on Amendment 1 (July 30, 2014)

Campaign Finance: Big agriculture money keeps pouring in for Amendment 1 (July 31, 2014)

Baker Creek Seed Company – Vote “No” on Amendment 1 (August 3, 2014)

Senator Paul LeVota (D) on Amendment 1 (August 4, 2014)

After all that corporate money this is the best that they can do on Amendment 1? (August 6, 2014)

There’s a blurb by the stenographer on Attorney General Chris Koster and some fallout on Amendment 1 in the Kansas City Star:

Steve Kraske: Chris Koster hits his first speed bump on the road to Missouri governor

By STEVE KRASKE

The Kansas City Star

08/08/2014 3:42 PM

….In recent days, two longtime party leaders – former lieutenant governor Joe Maxwell and former state senator Joan Bray – have questioned Koster’s bona fides for the state’s highest office….

….Bray and Maxwell, known for his work on elderly and children’s issues, pointed to Koster’s public support of the controversial “right to farm” amendment that appears to have narrowly passed. Critics, including Maxwell, called the amendment a sellout to corporate and foreign interests.

Koster backed the “right to bear arms” amendment that passed with National Rifle Association backing but that many Democrats opposed. Koster has long enjoyed NRA support….

Bad Democrat, bad, bad Democrat.

Dude, the speed bumps have always been there.

Here’s the thing. As one Democrat told me a long time ago [paraphrased], “There are maybe eight thousand party activist Democrats who vote in the primary. There are several hundred thousand other voters who cast ballots in that same party primary.”  

Interestingly, the stenographer didn’t bother to mention this:

4:15 pm Fri August 1, 2014

Kander Joins Koster In Backing ‘Right To Farm’ Amendment

By Jason Rosenbaum

Secretary of State Jason Kander is throwing his supporting behind the so-called “right to farm” amendment. Friday afternoon Kander’s office sent out a statement indicating that he will vote for Amendment 1….

….”I served with Jason in the Legislature, and expected more from him,” said [Wes] Shoemyer, the president of the anti-Amendment 1 group Missouri’s Food for America….

Here’s another thing. The Democratic Party statewide candidates we get are not always the Democratic Party statewide candidates we want. In the end the choice in November 2016 is probably going to be between the Democratic Party nominee we have and a right wingnut republican. I may not be particularly thrilled about it, but I know how I’ll vote.

Not particularly decisive, via the Missouri Secretary of State::

UnOfficial Results

as of 8/6/2014 4:49:49 AM

Constitutional Amendment 1 3898 of 3898 Precincts Reported

YES 498,751 50.127%

NO 496,223 49.873%

Total Votes: 994,974

By 0.254%. What a waste (dual reference intended).

Previously:

Campaign Finance: $110,000.00 for something they really care about (January 3, 2014)

Campaign Finance: Food fight! (May 28, 2014)

Campaign Finance: Because, across Missouri, family farms are being supplanted by… (June 24, 2014)

Campaign Finance: as if yard signs were actually a cash crop for actual farmers… (June 28, 2014)

Utilizing the First Amendment to challenge our oppressive corporate overlords… (July 2, 2014)

Joe Maxwell – “No” on Amendment No. 1 (July 8, 2014)

Campaign Finance: egg money (July 9, 2014)

Campaign Finance: opposing useless law (July 25, 2014)

Right to farm: read the small print and between the lines (July 25, 2014)

Pinch me, I must be dreaming – Cynthia Davis gets it right on Amendment 1 (July 30, 2014)

Campaign Finance: Big agriculture money keeps pouring in for Amendment 1 (July 31, 2014)

Baker Creek Seed Company – Vote “No” on Amendment 1 (August 3, 2014)

Senator Paul LeVota (D) on Amendment 1 (August 4, 2014)

Senator Paul LeVota (D) via Twitter this morning on the water crisis in Toledo, Ohio:

Paul LeVota ‏@paullevota

Fertilizer from farms & waste from livestock pens triggers water crisis. What if they had a “Right to Farm” this way? (http://t.co/fNLM4MLKMD) 7:15 AM – 4 Aug 2014

Uh, yep.

Previously:

Campaign Finance: $110,000.00 for something they really care about (January 3, 2014)

Campaign Finance: Food fight! (May 28, 2014)

Campaign Finance: Because, across Missouri, family farms are being supplanted by… (June 24, 2014)

Campaign Finance: as if yard signs were actually a cash crop for actual farmers… (June 28, 2014)

Utilizing the First Amendment to challenge our oppressive corporate overlords… (July 2, 2014)

Joe Maxwell – “No” on Amendment No. 1 (July 8, 2014)

Campaign Finance: egg money (July 9, 2014)

Campaign Finance: opposing useless law (July 25, 2014)

Right to farm: read the small print and between the lines (July 25, 2014)

Pinch me, I must be dreaming – Cynthia Davis gets it right on Amendment 1 (July 30, 2014)

Campaign Finance: Big agriculture money keeps pouring in for Amendment 1 (July 31, 2014)

Baker Creek Seed Company – Vote “No” on Amendment 1 (August 3, 2014)

A video by Jerry Schmidt:

Previously:

Campaign Finance: $110,000.00 for something they really care about (January 3, 2014)

Campaign Finance: Food fight! (May 28, 2014)

Campaign Finance: Because, across Missouri, family farms are being supplanted by… (June 24, 2014)

Campaign Finance: as if yard signs were actually a cash crop for actual farmers… (June 28, 2014)

Utilizing the First Amendment to challenge our oppressive corporate overlords… (July 2, 2014)

Joe Maxwell – “No” on Amendment No. 1 (July 8, 2014)

Campaign Finance: egg money (July 9, 2014)

Campaign Finance: opposing useless law (July 25, 2014)

Right to farm: read the small print and between the lines (July 25, 2014)

Pinch me, I must be dreaming – Cynthia Davis gets it right on Amendment 1 (July 30, 2014)

Campaign Finance: Big agriculture money keeps pouring in for Amendment 1 (July 31, 2014)

Yesterday, at the Missouri Ethics Commission:

C141362 07/30/2014 PROTECT THE HARVEST PAC – MISSOURI Protect the Harvest P.O. Box 1131 Davenport IA 52802 7/29/2014 $200,000.00

[emphasis added]

Iowa?

The PAC was established in June:

C141362: Protect The Harvest Pac – Missouri

Po Box 602 Committee Type: Political Action

Pacific Mo 63069

[….] Established Date: 06/05/2014

[emphasis added]

They cycled that through pretty quickly (from a required 24 hour campaign finance report):

MISSOURI ETHICS COMMISSION

EXPENDITURES AND CONTRIBUTIONS MADE

PROTECT THE HARVEST PAC – MISSOURI [pdf] 7/30/2014

Victory Enterprises 5200 SW 30th St. Davenport IA 52802 7/29/2014 Advertising $199,900.00

[emphasis added]

Heh. Apparently it’s a one stop shop.

Iowa, again.

Who are these people?:

BEST PUBLIC RELATIONS THAT MONEY CAN BUY:

A GUIDE TO FOOD INDUSTRY FRONT GROUPS [pdf]

CENTER FOR FOOD SAFETY

May 2013

….IN RESPONSE TO HEIGHTENED CRITICISM over the past few years, the food industry has stepped up its public relations efforts to reassure the media, the public, and policymakers that our food system is healthy and safe. One increasingly common way industry attempts to shape the public discourse is by forming a group that appears to benefit the public. Often these groups claim to represent farmers or consumers or some other sympathetic constituency when in fact they are funded by powerful industry players. Some long-standing front groups have a broad agenda, such as pushing industry-friendly science. Others form just to lobby or conduct public relations on a specific policy for a limited time and then disappear….

[….]

PROTECT THE HARVEST http://www.protecttheharvest.com

MISSION? Its sole purpose to attack Humane Society of United States, as stated on its home page: “to fight back and defend American families, farmers, hunters and animal owners from the growing threat posed by the radical animal rights movement.” [….]

WHO’S FUNDING IT? Appears to be a project of the billionaire Forrest Lucas of Lucas Oil and Lucas Cattle Company. [….]

From the group’s web site:

….Protect the Harvest, an education and advocacy group founded by Forrest Lucas of Lucas Oil in 2010….

Ah.

But wait, there was even more money coming in on behalf of Amendment 1, as reported to the Missouri Ethics Commission yesterday:

C101457 07/30/2014 MISSOURI FARMERS CARE MFA Inc. 201 Ray Young Dr Columbia MO 65201 7/29/2014 $25,000.00

C101457 07/30/2014 MISSOURI FARMERS CARE Missouri Farm Bureau Federation PO Box 658 Jefferson City MO 65102 7/29/2014 $20,000.00

C101457 07/30/2014 MISSOURI FARMERS CARE Missouri Corn Growers Association 3118 Emerald Lane Jefferson City MO 65109 7/30/2014 $18,000.00

C101457 07/30/2014 MISSOURI FARMERS CARE Missouri Pork Association 6235 W Cunningham Dr Columbia MO 65202 7/29/2014 $100,000.00

C101457 07/30/2014 MISSOURI FARMERS CARE Grow Missouri 308 E High St Jefferson City MO 65101 7/29/2014 $15,000.00

[emphasis added]

What, Rex Sinquefield has an interest in this, too? Say it ain’t so…

Previously:

Campaign Finance: $110,000.00 for something they really care about (January 3, 2014)

Campaign Finance: Food fight! (May 28, 2014)

Campaign Finance: Because, across Missouri, family farms are being supplanted by… (June 24, 2014)

Campaign Finance: as if yard signs were actually a cash crop for actual farmers… (June 28, 2014)

Utilizing the First Amendment to challenge our oppressive corporate overlords… (July 2, 2014)

Joe Maxwell – “No” on Amendment No. 1 (July 8, 2014)

Campaign Finance: egg money (July 9, 2014)

Campaign Finance: opposing useless law (July 25, 2014)

Right to farm: read the small print and between the lines (July 25, 2014)

Pinch me, I must be dreaming – Cynthia Davis gets it right on Amendment 1 (July 30, 2014)

“Useless laws weaken the necessary laws.” – Charles-Louis de Secondat, baron de La Brède et de Montesquieu (1689 – 1755)

“…Today in Missouri, as well as Oklahoma, Indiana, and two other states, corporate agriculture is trying to put their guarantee to farm in state constitutions…” – former Missouri Lieutenant Governor Joe Maxwell.

Yesterday at the Missouri Ethics Commission, for the folks opposed to the “Right to Farm” constitutional amendment on the August ballot.

C141005 07/24/2014 MISSOURI’S FOOD FOR AMERICA Humane Society Legislative Fund 2100 L Street Suite 310 Washington DC 20037 7/22/2014 $375,000.00

[emphasis added]

They’re obviously all in.

It’s a simple question. Is it really necessary to place a “right to farm” in the Missouri Constitution?:

As if family farms are under some sort of existential threat from public sentiment or government overreach?

If your answer to that simple question is “No”, then former state Senator Wes Shoemyer, former Lieutenant Governor Joe Maxwell, and the Humane Society of America have it right. And you’re also probably wondering how another Missouri politician who is probably running for Governor in 2016 arrived at “Yes”. That’ll probably generate another simple question for you.

Previously:

Campaign Finance: $110,000.00 for something they really care about (January 3, 2014)

Campaign Finance: Food fight! (May 28, 2014)

Campaign Finance: Because, across Missouri, family farms are being supplanted by… (June 24, 2014)

Campaign Finance: as if yard signs were actually a cash crop for actual farmers… (June 28, 2014)

Utilizing the First Amendment to challenge our oppressive corporate overlords… (July 2, 2014)

Joe Maxwell – “No” on Amendment No. 1 (July 8, 2014)

Campaign Finance: egg money (July 9, 2014)