Missouri State Rep Raises Specter of Gubernatorial Veto on Presidential Primary Bill

Democratic Missouri representative, Tom Shively (D-8th, Shelbyville), in a column in today's Linn County Leader, raised doubt as to whether SB 282 -- the legislation passed by the Missouri General Assembly to move the presidential primary back to March -- would be signed by Governor Jay Nixon. But the veto would not arise because of the presidential primary provision. No, what is at issue instead is a provision in the bill curtailing gubernatorial power -- specifically the power of appointment to statewide offices in the event of a vacancy.

Shively:

Although Nixon hasn’t publicly announced his intentions on [sic] HB 282, governors typically don’t give up power voluntarily, and another provision of the bill would take away the gubernatorial authority to appoint replacements to vacancies in the offices of U.S. senator, lieutenant governor, secretary of state, state treasurer, state auditor and attorney general. Such vacancies are uncommon but are seen as golden opportunities for a governor to shape the political landscape when they do occur. [sic] HB 282 would require that such vacancies be filled by special election.

This is an interesting conundrum for Nixon. He faces, on the one hand, curbing his and future Missouri governors' powers, but on the other, the very likely stiff penalties on the Show Me state's Democratic delegation from the DNC for willingly violating the national party's delegate selection rules. Legislators (and governors) who do not actively seek to remedy such a conflict are subject to penalties equal to the 50% penalty called for in the rules (Rule 20.C.1.a, Rule 20.C.7). As Shively also mentions a veto override is possible, but would require the support of at least three Democrats in the state House (the margin is more comfortable for Republicans in the state Senate.). But the Democratic caucus in the state House would face the same sort of dilemma Nixon is staring down on this issue, except the legislators would not have as great a need to preserve executive power.

The writing seems like it is on the wall on this one. If FHQ had to guess, we would guess that Nixon will sign the bill if a veto override is likely. [Of course he didn't do that on the recent redistricting plan legislation when four Democratic representatives joined Republicans in overriding the governor's veto.]

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Missouri House Passes Conference Committee Report, Moving Presidential Primary to March

On the final day of the state legislative session, the Missouri House took up and passed the conference committee substitute to SB 282. After a bit of a rollercoaster ride, the final version of the bill includes a provision to move the presidential primary in the Show Me state back to the first Tuesday after the first Monday in March. The original version of the bill contained the same provision, but was later amended on the floor of the Senate to anchor the primary to New Hampshire (placing the Missouri contest a week after the first in the nation primary).

The final version has now been approved by both chambers of the Missouri General Assembly and moves on the Governor Jay Nixon for his consideration. If signed, Missouri would join Oklahoma, Tennessee and Virginia as states to shift from February primary dates to primaries on March 6. That result is likely because the move would bring Missouri into compliance with national party delegate selection rules.

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Kansas House Passes Conference Committee Report to Cancel 2012 Presidential Primary

The Kansas House on Thursday, May 12 followed the state Senate's lead from earlier in the day and passed the conference committee report for HB 2080. Both chambers have now agreed to the same version of a broader elections bill that, among other things, cancels the Sunflower state's presidential primary for 2012.

The legislation now heads to Governor Sam Brownback's desk for his consideration. As FHQ mentioned yesterday, Kansas' history of canceling presidential primaries makes this bill becoming law likely. Kansas would become the second state to cancel its presidential primary; joining Washington. There are no other states at this time considering that option.

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Kansas Senate Passes Conference Committee Report to Cancel 2012 Presidential Primary

The Kansas Senate on Thursday passed the conference committee-negotiated report to HB 2080. By a vote of 35-1, senators supported the broad elections bill that includes a provision -- added to the House original by the Senate -- to postpone the 2012 presidential primary election and replace references in the Kansas statutes to it with references to 2016 instead. The move would save the state around $2 million, but would also continue a trend of holding party-run caucuses over state-funded primaries. The likely move is not surprising since Kansas has not held a presidential primary since 1992.

A separate Senate bill (SB 128) with the sole intent of canceling the presidential primary has already passed the Senate and has been stuck in the House since February. HB 2080, which fulfills that same end among other matters, now goes to the House for consideration. What this bill has that SB 128 did not necessarily have is support from the House members on the conference committee. Regardless, it should pass the House.

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Missouri Senate Adopts Conference Committee Substitute, Approves March Presidential Primary

On Tuesday night the Missouri Senate adopted the conference committee report for SB 282 and then passed the conference committee substitute. The AP is reporting that this new version of the legislation includes a provision for a March presidential primary, something the Senate had rejected previously. That action by the upper chamber means that both houses have now passed a version of the bill that would move the presidential primary back a month. However, the conference committee substitute has not been posted online for this to be confirmed. Also, assuming that the conference committee substitute differs from the House-passed House committee substitute, the bill would need to go back to the lower chamber for final consideration and a vote there. Though there was a conflict between the two chambers regarding the timing of the presidential primary -- at least in terms of the earlier versions that passed -- the main sticking point in the conference committee negotiations was, according to the AP account above, the inclusion of requirement for presidential nominees to submit "proof of status as a natural born citizen of the United States". The House committee substitute added that to the Senate-passed version. That portion was removed in conference.

The bill now presumably heads back to the House, though, the current status still reads "in conference" for today. That said, assuming the House signs off on the newly amended version of the legislation, the proposed move of the presidential primary to March would head off to Governor Jay Nixon's (D) desk for his signature.

NOTE: FHQ will post a link to the Conference Committee Substitute to SB 282 when and if it is posted online.

Thanks to Richard Winger at Ballot Access News for passing along the news of the bill's progress.

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Second March Primary Bill Heads to Conference in Missouri

The Missouri House this afternoon rejected the state Senate's call for the House to recede its amendments to SB 270 and forced a conference committee to now consider the bill. As was the case with SB 282, SB 270 would shift the Show Me state presidential primary from February to March. The House has passed three bills with provisions to accomplish that task and the Senate has failed to consider or forced conference committee consideration of all three.

Again, the Missouri General Assembly will adjourn on Friday, so time is running out for a national party rules compliant move to be made on the presidential primary question.

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A Mid-Day Update on the Missouri Primary Situation

As FHQ discussed earlier this morning, the Missouri House last night amended and passed a substitute bill (SB 270) that would move the Show Me state's presidential primary to the first Tuesday after the first Monday in March. As was the case late last week (with SB 282), however, the Senate refused to cooperate once the bill was returned in an altered form and requested that the House either recede the amendments or grant a conference committee.

Some in the House bemoaned the privileged position Iowa, New Hampshire, South Carolina and Nevada receive and wanted to stand up to them:

As the Missouri House prepared to take its final vote Monday night, state Rep. Chris Kelly called for lawmakers to take a stand against "these two national monsters (who) have taken control of local politics."

Kelly, D-Columbia, complained that the national parties are wielding too much power, controlling money and mandating certain decisions that he said should be left up to local political activists.

"Why don't we stand up to these beasts!" Kelly shouted.

Representative Kelly also expressed some interest in the primary staying where it is: on the first Tuesday after the first Monday in February. If this back and forth continues between the House and Senate in Missouri, the clock may run out (session adjourns on Friday, May 13), and Kelly may get his wish.

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Missouri House Throws Another March Primary Committee Substitute at Senate

In the ongoing saga that has become the state legislative effort to change the date of the Missouri presidential primary, the Missouri House has developed a seemingly simple strategy: Keep sending March primary bills to the resistant state Senate. First the state House sent its own version of the bill (HB 503) -- changing the presidential primary date from the first Tuesday after the first Monday in February to the first Tuesday after the first Tuesday in March -- to the Senate. The House then returned an amended version of the Senate-passed bill -- one that placed the presidential primary one week after the primary in New Hampshire -- with the same March date change. The Senate failed to concur and the bill -- SB 282 -- went to conference.

Now the House has taken yet another Senate-passed elections bill -- SB 270 -- and tagged it with yet another March presidential primary provision, passed it (albeit not without some resistance) and sent the House committee substitute back to the Senate.¹ It appears as if the Republican-controlled Missouri House is attempting to badger the Senate into making the February to March switch against the will of the Republican majority there. All this, of course, is set against the backdrop of the general assembly adjourning for the year on Friday, May 13. Time is running out and the state Senate is seemingly ready to stare down the RNC and its timing rules.

--

¹ Though the St. Louis Beacon report cited says the bill will now go to Governor Nixon (D) for consideration, the House changed the Senate version of the bill and the legislation will have to go back to the chamber of origin for concurrence prior to moving on to the governor.

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Missouri Senate Presidential Primary Bill is Off to Conference Committee

The oft-talked about (at least around FHQ) SB 282, differing versions of which have passed the Missouri House and Senate, was sent back to the Senate on Thursday after the House passed its version of the bill. That House Committee Substitute, again, seeks to shift the Show Me state's presidential primary back into March and differs from the Senate-passed version that ties the primary to New Hampshire -- scheduling it for a week after the Granite state's first in the nation contest. Obviously, the House bill required some concurrence from the Senate to move forward and failed to achieve that on Thursday. Absent that, the Senate requested a conference committee to which the House agreed.

SB 282, then, is scheduled to be in conference on Monday, May 9. One thing to note here is that the senator behind the New Hampshire provision in the Senate-passed version (Senator Brad Lager (R-12th, Savannah)) was not among the Senate conferees selected to take part in the conference session.

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