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Making Missouri Constitution harder to amend isn’t dead

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As the 2023 legislative session sputtered to a close, House Speaker Dean Plocher stood before a throng of reporters talking about what happened — including the failure to change ballot initiatives.Republicans wanted to send a ballot item to voters that would raise the threshold to amend the state constitution from a simple majority to 57%. The Des Peres Republican said something that many in Missouri politics assumed all along: Making the constitution more difficult to amend was critical in stopping an initiative petition to expand abortion access in Missouri.“We are pro-life,” Plocher said. “And if the Senate fails to take action on IP [initiative petition] reform, I think the Senate should be held accountable for allowing abortion to return to Missouri.”Some Democrats, like House Minority Leader Crystal Quade, said Plocher was saying “the quiet part loud” about the motivations behind trying to get voters to approve a measure raising the constitutional amendment threshold. But in many respects, the proposal will have a far bigger impact than just stymying one potential initiative petition.Both supporters and opponents of making it harder to change the constitution say it will provide more decision-making authority to the Missouri General Assembly. Backers of the idea argue that’s a better way to vet legislation, while detractors contend that it will take away a moderating influence on the state’s policy and politics.And even Republicans who philosophically support the idea of restricting how constitutional amendments are passed aren’t confident that Missourians will sign off on an idea that makes it harder for them to approve major policy initiatives.“It’s not just complicated policywise, it’s complicated politically,” said state Rep. Bill Hardwick, a Waynesville Republican who says that many of his constituents tell him the constitution is too easy to amend. “If I say: ‘I’m going to make it more difficult for you to defy your elected officials … and amend the constitution,’ that doesn’t intuitively sell either. Because at the same time, there’s a growing distrust of the political establishment and political class — not unjustified, I think.”

Brian Munoz

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St. Louis Public RadioHouse Speaker Dean Plocher, R-Des Peres, gavels in on May 12, the last day of the 2023 legislative session.

A long-running goalEfforts to make the Missouri Constitution more difficult to amend aren’t new.In 2014, then-state Rep. Elijah Haahr of Springfield introduced a measure that would raise the threshold to pass an amendment from a simple majority to 60%. Variations of this idea have bounced around the legislature for the past few sessions, with no proposal making it through both chambers.But 2023 was expected to be the year that the legislature sent something to voters, especially since it was a major priority for House and Senate leaders. The House ended up passing a measure raising the threshold to 60%, while the Senate approved a different version that allowed an amendment to pass with a majority if it succeeded in a certain number of congressional districts.Ultimately, a conference committee version of the ballot item that would boost the threshold to 57% passed the House but lost momentum amid a meltdown in the Missouri Senate. House Speaker Pro Tem Mike Henderson of Bonne Terre said the final version of the measure made sense.“I’ve always believed that the constitution should be a living document, and not an ever-expanding document,” Henderson said.While lawmakers failed to pass the legislation this year, Senate President Pro Tem Caleb Rowden, R-Columbia, said there’s nothing stopping legislators from trying again on the issue in 2024. If that happens, and Gov. Mike Parson puts the ballot item in the August 2024 primary, it’s possible that any abortion-related initiative that gets voted on in November 2024 could require more than a majority vote.”If we could have gotten it done this year, that would have been fantastic. And kind of checks the box, so we didn’t have to talk about it next year,” Rowden said. “But the fact that we didn’t pass it this year puts more pressure on us next year — no doubt about it. But it does nothing to change the outcome relative to whether abortion is going to be enshrined in our constitution or not.”

Brian Munoz

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St. Louis Public RadioAny effort to make the Missouri Constitution more difficult to change would need approval from statewide voters.

Widespread pessimism Even among Republicans, there’s not a lot of confidence that any proposal to raise the constitutional amendment threshold will be popular with the public.A measure boosting the percentage needed to approve a constitutional amendment or a statutory change to 60% failed miserably in Arkansas – which like Missouri is a heavily Republican-leaning state.And it’s likely that groups of all political ideologies that have used the initiative petition process in the past will organize against any effort to make it more difficult to amend the Missouri Constitution.“If my leadership and my members feel that it is too broad or too overreaching, then I suspect they will vote to oppose it,” said Sam Licklider, the chief lobbyist for the Missouri Association of Realtors. “If it’s something fairly minor and not destructive to the process, then they’ll likely stay out of it.”Licklider noted that his organization did polling on whether it should be more difficult to change the Missouri Constitution, and only between 38% and 41% of respondents thought it was a good idea. He went on to note that there was some irony in Republicans championing the idea, given that then-Gov. John Ashcroft was a big opponent of Democratic efforts to restrict the initiative petition process in the 1990s.Henderson, though, is more optimistic about the chances of any proposal to raise the constitutional amendment threshold.“Our message is basically what I’ve told you before: We feel like people are getting taken advantage of at the ballot box,” Henderson said. “The constitution is a pretty sacred document.”Much of the opposition to ballot items to restrict the constitutional amendment process comes from Democrats, especially since the party strongly supported recently successful efforts to expand Medicaid and to raise the minimum wage.“Why are we making it harder for the citizens to get things done?” said Rep. David Tyson Smith, D-Columbia. “It’s just not fair.”But the idea of making it harder to amend the constitution is not universally popular in the GOP.Republican political consultant David Barklage strongly opposes any bid to constrict the initiative petition process, contending that it’s a shortsighted move by a GOP majority that believes the political trends in the state will stay static forever.“Republicans and reformers for the entire history of state government have used the citizens petition to get things done,” said Barklage, who has worked on a number of ballot initiative campaigns during his career. “And so it is shortsighted by this group that is in there now who don’t have a historical perspective, to argue to get rid of this critical constitution balance and check.”Barklage said that raising the threshold to amend the constitution will give more power to a state legislature that tends to be more politically extreme than it was in the past.“We will kill it so hard, because it’s such a fundamental affront to a bipartisan group,” Barklage said. “The conservatives today and the liberals today are now closer to anarchists on both sides than in any time in history.”Both Barklage and Scott Charton, who has also worked on a number of ballot initiative campaigns over the years, don’t believe that any proposal can overcome what they see as a messaging barrier. Charton said it will be easy for opponents to argue that any restriction on the initiative petition process is essentially making it more difficult for citizens to influence public policy.“There is no indication I’ve seen in polling or otherwise that Missourians want to give up their power in favor of politicians to make the decisions for them,” Charton said. “It would be a very hard thing to pull off, because most Missourians are content with the idea that they have the referendum power over politicians. And why would they want to give that up voluntarily?”

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Poll: Support for Missouri abortion rights amendment growing

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A proposed constitutional amendment legalizing abortion in Missouri received support from more than half of respondents in a new poll from St. Louis University and YouGov.That’s a boost from a poll earlier this year, which could mean what’s known as Amendment 3 is in a solid position to pass in November.SLU/YouGov’s poll of 900 likely Missouri voters from Aug. 8-16 found that 52% of respondents would vote for Amendment 3, which would place constitutional protections for abortion up to fetal viability. Thirty-four percent would vote against the measure, while 14% aren’t sure.By comparison, the SLU/YouGov poll from February found that 44% of voters would back the abortion legalization amendment.St. Louis University political science professor Steven Rogers said 32% of Republicans and 53% of independents would vote for the amendment. That’s in addition to nearly 80% of Democratic respondents who would approve the measure. In the previous poll, 24% of Republicans supported the amendment.Rogers noted that neither Amendment 3 nor a separate ballot item raising the state’s minimum wage is helping Democratic candidates. GOP contenders for U.S. Senate, governor, lieutenant governor, treasurer and secretary of state all hold comfortable leads.“We are seeing this kind of crossover voting, a little bit, where there are voters who are basically saying, ‘I am going to the polls and I’m going to support a Republican candidate, but I’m also going to go to the polls and then I’m also going to try to expand abortion access and then raise the minimum wage,’” Rogers said.Republican gubernatorial nominee Mike Kehoe has a 51%-41% lead over Democrat Crystal Quade. And U.S. Sen. Josh Hawley is leading Democrat Lucas Kunce by 53% to 42%. Some GOP candidates for attorney general, secretary of state and treasurer have even larger leads over their Democratic rivals.

Brian Munoz

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St. Louis Public RadioHundreds of demonstrators pack into a parking lot at Planned Parenthood of St. Louis and Southwest Missouri on June 24, 2022, during a demonstration following the Supreme Court’s reversal of a case that guaranteed the constitutional right to an abortion.

One of the biggest challenges for foes of Amendment 3 could be financial.Typically, Missouri ballot initiatives with well-funded and well-organized campaigns have a better chance of passing — especially if the opposition is underfunded and disorganized. Since the end of July, the campaign committee formed to pass Amendment 3 received more than $3 million in donations of $5,000 or more.That money could be used for television advertisements to improve the proposal’s standing further, Rogers said, as well as point out that Missouri’s current abortion ban doesn’t allow the procedure in the case of rape or incest.“Meanwhile, the anti side won’t have those resources to kind of try to make that counter argument as strongly, and they don’t have public opinion as strongly on their side,” Rogers said.There is precedent of a well-funded initiative almost failing due to opposition from socially conservative voters.In 2006, a measure providing constitutional protections for embryonic stem cell research nearly failed — even though a campaign committee aimed at passing it had a commanding financial advantage.Former state Sen. Bob Onder was part of the opposition campaign to that measure. He said earlier this month it is possible to create a similar dynamic in 2024 against Amendment 3, if social conservatives who oppose abortion rights can band together.“This is not about reproductive rights or care for miscarriages or IVF or anything else,” said Onder, the GOP nominee for Missouri’s 3rd Congressional District seat. “Missourians will learn that out-of-state special interests and dark money from out of state is lying to them and they will reject this amendment.”Quade said earlier this month that Missourians of all political ideologies are ready to roll back the state’s abortion ban.“Regardless of political party, we hear from folks who are tired of politicians being in their doctor’s offices,” Quade said. “They want politicians to mind their own business. So this is going to excite folks all across the political spectrum.”

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Democrat Mark Osmack makes his case for Missouri treasurer

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Mark Osmack has been out of the electoral fray for awhile, but he never completely abandoned his passion for Missouri politics.Osmack, a Valley Park native and U.S. Army veteran, previously ran for Missouri’s 2nd Congressional District seat and for state Senate. Now he’s the Democratic nominee for state treasurer after receiving a phone call from Missouri Democratic Party Chairman Russ Carnahan asking him to run.“There’s a lot of decision making and processing and evaluation that goes into it, which is something I am very passionate and interested in,” Osmack said this week on an episode of Politically Speaking.Osmack is squaring off against state Treasurer Vivek Malek, who was able to easily win a crowded GOP primary against several veteran lawmakers including House Budget Chairman Cody Smith and state Sen. Andrew Koenig.While Malek was able to attract big donations to his political action committee and pour his own money into the campaign, Osmack isn’t worried that he won’t be able to compete in November. Since Malek was appointed to his post, Osmack contends he hasn’t proven that he’s a formidable opponent in a general election.“His actions and his decision making so far in his roughly two year tenure in that office have been questionable,” Osmack said.Among other things, Osmack was critical of Malek for placing unclaimed property notices on video gaming machines which are usually found in gas stations or convenience stores. The legality of the machines has been questioned for some time.As Malek explained on his own episode of Politically Speaking, he wanted to make sure the unclaimed property program was as widely advertised as possible. But he acknowledged it was a mistake to put the decals close to the machines and ultimately decided to remove them.Osmack said: “This doesn’t even pass the common sense sniff test of, ‘Hey, should I put state stickers claiming you might have a billion dollars on a gambling machine that is not registered with the state of Missouri?’ If we’re gonna give kudos for him acknowledging the wrong thing, it never should have been done in the first place.”Osmack’s platform includes supporting programs providing school meals using Missouri agriculture products and making child care more accessible for the working class.He said the fact that Missouri has such a large surplus shows that it’s possible to create programs to make child care within reach for parents.“It is quite audacious for [Republicans] to brag about $8 billion, with a B, dollars in state surplus, while we offer next to no social services to include pre-K, daycare, or child care,” Osmack said.Here’s are some other topics Osmack discussed on the show:How he would handle managing the state’s pension systems and approving low-income housing tax credits. The state treasurer’s office is on boards overseeing both of those programs.Malek’s decision to cut off investments from Chinese companies. Osmack said that Missouri needs to be cautious about abandoning China as a business partner, especially since they’re a major consumer of the state’s agriculture products. “There’s a way to make this work where we are not supporting communist nations to the detriment of the United States or our allies, while also maintaining strong economic ties that benefit Missouri farmers,” he said.What it was like to witness the skirmish at the Missouri State Fair between U.S. Sen. Josh Hawley and Democratic challenger Lucas Kunce.Whether Kunce can get the support of influential groups like the Democratic Senatorial Campaign Committee, which often channels money and staff to states with competitive Senate elections.

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As Illinois receives praise for its cannabis equity efforts, stakeholders work on system’s flaws

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Medical marijuana patients can now purchase cannabis grown by small businesses as part of their allotment, Illinois’ top cannabis regulator said, but smaller, newly licensed cannabis growers are still seeking greater access to the state’s medical marijuana customers.Illinois legalized medicinal marijuana beginning in 2014, then legalized it for recreational use in 2020. While the 2020 law legalized cannabis use for any adult age 21 or older, it did not expand licensing for medical dispensaries.Patients can purchase marijuana as part of the medical cannabis program at dual-purpose dispensaries, which are licensed to serve both medical and recreational customers. But dual-purpose dispensaries are greatly outnumbered by dispensaries only licensed to sell recreationally, and there are no medical-only dispensaries in the state.As another part of the adult-use legalization law, lawmakers created a “craft grow” license category that was designed to give more opportunities to Illinoisans hoping to legally grow and sell marijuana. The smaller-scale grow operations were part of the 2020 law’s efforts to diversify the cannabis industry in Illinois.Prior to that, all cultivation centers in Illinois were large-scale operations dominated by large multi-state operators. The existing cultivators, mostly in operation since 2014, were allowed to grow recreational cannabis beginning in 2019.Until recently, dual-purpose dispensaries have been unsure as to whether craft-grown products, made by social equity licensees — those who have lived in a disproportionately impacted area or have been historically impacted by the war on drugs — can be sold medicinally as part of a patient’s medical allotment.Erin Johnson, the state’s cannabis regulation oversight officer, told Capitol News Illinois last month that her office has “been telling dispensaries, as they have been asking us” they can now sell craft-grown products to medical patients.“There was just a track and trace issue on our end, but never anything statutorily,” she said.

Dilpreet Raju

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Capitol News IllinoisThe graphic shows how cannabis grown in Illinois gets from cultivation centers to customers.

No notice has been posted, but Johnson’s verbal guidance comes almost two years after the first craft grow business went online in Illinois.It allows roughly 150,000 medical patients, who dispensary owners say are the most consistent purchasers of marijuana, to buy products made by social equity businesses without paying recreational taxes. However — even as more dispensaries open — the number available to medical patients has not increased since 2018, something the Cannabis Regulation Oversight Office “desperately” wants to see changed. Johnson said Illinois is a limited license state, meaning “there are caps on everything” to help control the relatively new market.Berwyn Thompkins, who operates two cannabis businesses, said the rules limited options for patients and small businesses.“It’s about access,” Thompkins said. “Why wouldn’t we want all the patients — which the (adult-use) program was initially built around — why wouldn’t we want them to have access? They should have access to any dispensary.”Customers with a medical marijuana card pay a 1% tax on all marijuana products, whereas recreational customers pay retail taxes between roughly 20 and 40% on a given cannabis product, when accounting for local taxes.While Illinois has received praise for its equity-focused cannabis law, including through an independent study that showed more people of color own cannabis licenses than in any other state, some industry operators say they’ve experienced many unnecessary hurdles getting their businesses up and running.The state, in fact, announced last month that it had opened its 100th social equity dispensary.But Steve Olson, purchasing manager at a pair of dispensaries (including one dual-purpose dispensary) near Rockford, said small specialty license holders have been left in the lurch since the first craft grower opened in October 2022.“You would think that this would be something they’re (the government) trying to help out these social equity companies with, but they’re putting handcuffs on them in so many different spots,” he said. “One of them being this medical thing.”Olson said he contacted state agencies, including the Department of Financial and Professional Regulation, months ago about whether craft products can be sold to medical patients at their retail tax rate, but only heard one response: “They all say it was an oversight.”This potentially hurt social equity companies because they sell wholesale to dispensaries and may have been missing out on a consistent customer base through those medical dispensaries.Olson said the state’s attempts to provide licensees with a path to a successful business over the years, such as with corrective lotteries that granted more social equity licenses, have come up short.“It’s like they almost set up the social equity thing to fail so the big guys could come in and swoop up all these licenses,” Olson said. “I hate to feel like that but, if you look at it, it’s pretty black and white.”Olson said craft companies benefit from any type of retail sale.“If we sell it to medical patients or not, it’s a matter of, ‘Are we collecting the proper taxes?’ That’s all it is,” he said.State revenue from cannabis taxes, licensing costs and other fees goes into the Cannabis Regulation Fund, which is used to fund a host of programs, including cannabis offense expungement, the general revenue fund, and the R3 campaign aiming to uplift disinvested communities.For fiscal year 2024, nearly $256 million was paid out from Cannabis Regulation Fund for related initiatives, which includes almost $89 million transferred to the state’s general revenue fund and more than $20 million distributed to local governments, according to the Illinois Department of Revenue.Medical access still limitedThe state’s 55 medical dispensaries that predate the 2020 legalization law, mostly owned by publicly traded multistate operators that had been operating in Illinois since 2014 under the state’s medical marijuana program, were automatically granted a right to licenses to sell recreationally in January 2020. That gave them a dual-purpose license that no new entrants into the market can receive under current law.Since expanding their clientele in 2020, Illinois dispensaries have sold more than $6 billion worth of cannabis products through recreational transactions alone.Nearly two-thirds of dispensaries licensed to sell to medical patients are in the northeast counties of Cook, DuPage, Kane, Lake and Will. Dual-purpose dispensaries only represent about 20 percent of the state’s dispensaries.While the state began offering recreational dispensary licenses since the adult-use legalization law passed, it has not granted a new medical dispensary license since 2018. That has allowed the established players to continue to corner the market on the state’s nearly 150,000 medical marijuana patients.But social equity licensees and advocates say there are more ways to level the playing field, including expanding access to medical sales.Johnson, who became the state’s top cannabis regulator in late 2022, expressed hope for movement during the fall veto session on House Bill 2911, which would expand medical access to all Illinois dispensaries.“We would like every single dispensary in Illinois to be able to serve medical patients,” Johnson said. “It’s something that medical patients have been asking for, for years.”Johnson said the bill would benefit patients and small businesses.“It’s something we desperately want to happen as a state system, because we want to make sure that medical patients are able to easily access what they need,” she said. “We also think it’s good for our social equity dispensaries, as they’re opening, to be able to serve medical patients.”Rep. Bob Morgan, D-Deerfield, who was the first statewide project coordinator for Illinois’ medical cannabis program prior to joining the legislature, wrote in an email to Capitol News Illinois that the state needs to be doing more for its patients.“Illinois is failing the state’s 150,000 medical cannabis patients with debilitating conditions. Too many are still denied the patient protections they deserve, including access to their medicine,” Morgan wrote, adding he would continue to work with stakeholders on further legislation.Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of newspapers, radio and TV stations statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.

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