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Trump looms over Missouri attorney general Republican primary

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Both Republican candidates for Missouri attorney general have worked in the governor’s office.Andrew Bailey was general counsel for Gov. Mike Parson when the governor appointed him as attorney general.“I served with Gov. Parson for just about four years, happened to be in the right place at the right time when my predecessor Eric Schmitt was elected to the United States Senate,” Bailey said.Bailey is being challenged in the primary by Will Scharf, who served as policy director for then-Gov. Eric Greitens.This is his first time running for statewide office.“Friends of mine approached me about running, said that they thought it was really time to shake up Jefferson City and get more conservative outsiders, as opposed to establishment politicians and establishment people in the office,” Scharf said.While this is the first campaign for both candidates, Anita Manion, assistant professor of political science at the University of Missouri-St. Louis, said Bailey being the current officeholder gives him an advantage.“Particularly what we’ve seen from the attorney general’s office in the last several years is that that officeholder, whether it’s Eric Schmitt or Andrew Bailey, can really use that position and their lawsuits to get a lot of publicity and name recognition,” Manion said.

Brian Munoz

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St. Louis Public RadioA Donald Trump supporter throws up four fingers on each hands to signify support for Trump running for the presidency in June 2022 during a rally at the Adams County Fairgrounds in Mendon, Ill.

Trump’s presenceParson and former attorney general and current U.S. Sen. Josh Hawley have endorsed Bailey.But so far former President Donald Trump, whom both candidates have ties with, has not endorsed either. Scharf is part of Trump’s legal team. Bailey has filed a lawsuit against New York on behalf of Missouri against Trump’s recent criminal conviction there.Bailey says Missouri has standing because the conviction amounts to election interference.“Their goal and ambition was never to obtain a legally valid conviction of the president. It was always to take him off the campaign trail, and that harms Missourians,” Bailey said.Scharf has touted his representation of Trump throughout the campaign.“Having that relationship with them to the extent that there is conflict between Missouri and the federal government, I‘d hoped that that would be beneficial that I could get on the phone with him, get on the phone with his top advisers, and help the state of Missouri that way,” Scharf said.In 2022, Trump issued a vague endorsement of “Eric” in Missouri’s U.S. Senate race. At the time, both Eric Greitens and Eric Schmitt were running for that seat.Manion expects the candidates to highlight Trump connections as often as they can.“At this point in our political cycle, tying yourself to Donald Trump can be a real boon in the Republican primary. And Missouri is certainly a state that has voted overwhelmingly for Donald Trump,” Manion said.

Eric Lee

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St. Louis Public RadioMissouri Attorney General Andrew Bailey speaks during a press conference in February at the Old St. Louis Post Office Building in downtown St. Louis.

Bailey touts his recordBailey said decisions he’s made in office have created tangible results for Missouri.“This is the Show-Me State, results matter. We’ve been fighting and winning for Missourians since Day 1, and I’m proud of my record,” Bailey said.That includes his legal actions to oust then-St. Louis Circuit Attorney Kim Gardner in 2023, which he said is the reason she ultimately resigned.“Clearly the circumstances indicate that she resigned because of the lawsuit, because she was about to be ordered to sit for deposition and have to turn over mountains of discovery,” Bailey said.Also in 2023, he filed emergency rules that limited access to gender-affirming health care for transgender Missourians.The rules issued by the attorney general’s office prohibited providers from offering surgery, hormone therapy and other treatments to transgender people unless they had resolved all mental health issues, undergone at least 15 hours of therapy and displayed three documented years of gender dysphoria.At the time, Missouri Republican lawmakers were working on legislation that would have barred transgender minors from accessing gender-affirming care like puberty blockers and hormone treatments.Bailey filed his office’s rules before the legislature passed its bill that year. But unlike the new law, Bailey’s rules, before he withdrew them in mid-May 2023, affected both children and adults.Bailey said he doesn’t regret that his rules would have affected transgender adults.“The idea here is that we’re injecting a level of safeguard into a process and into a practice in order to ensure that customers that are consuming those products or those buying those services have all the information they need,” Bailey said.Bailey’s office is still in a legal fight with Washington University’s Transgender Center.Earlier this month, a St. Louis circuit judge ruled that the attorney general’s office had no right to access the private health information of patients at the center.Bailey said he believes his office still has a role to play in accessing those documents.“I think we’re evaluating the court’s opinion and to determine what appellate remedies we need to engage with,” Bailey said.

Will Scharf speaks at his campaign kickoff event last January in St. Louis.

Scharf criticizes Bailey’s handling of officeOn several policies, Scharf’s stance is similar, if not identical, to Bailey’s.Scharf is also against transgender minors getting gender-affirming care.They also both disagree with a recent U.S. Supreme Court decision that ruled against Missouri, and other states, which sued over how far the federal government can go to combat posts from social media companies. The court ruled the states did not have standing to sue.Bailey inherited that case when he took over the attorney general’s office.“This was a very important First Amendment case. My opponent, Andrew Bailey called it the most important First Amendment case in American history. And yet we have a loss instead of a win,” Scharf said.Like with this particular case, Scharf’s criticisms of Bailey lie in how he’s run the office versus the stance he has taken on issues.That includes how Bailey filed a lawsuit against Media Matters, which is a nonprofit, left-leaning research center, over its investigation into hate speech on X.“I think what we’ve seen consistently from Bailey since he took office is that every time there’s an issue that’s getting press, that’s getting media, that’s trending on Twitter, he inserts his office into that issue, usually quite clumsily, grabs a bunch of media attention, and then moves on to the next issue,” Scharf said.Scharf says he’s interested in what Media Matters is doing, but he’s not sure if Bailey’s office is doing a thorough investigation.There are some differences in policy between the two candidates.Scharf said he would not have chosen to defend three state senators who are being sued for defamation over false claims they made during the shooting at the Kansas City Chiefs’ Super Bowl parade.Sens. Denny Hoskins, Rick Brattin and Nick Schroer are being sued by a man who the senators falsely stated on X was responsible for the shooting.Bailey is representing the senators in the suit. Parson is against that decision.“On this point, Gov. Parson’s quite right. The taxpayer dollars shouldn’t be going to fund a private defense or potentially to pay a private judgment in these cases,” Scharf said. “But I would just emphasize that I do believe that these defamation lawsuits are absolutely baseless.“Scharf also doesn’t believe that the attorney general’s office should have a role in the Missouri Housing Development Commission, which works to increase housing options for low- and moderate-income residents.“I’d much rather see a professional staff and people who are experienced in housing and construction and finance, making decisions based on what’s best for Missouri,” Scharf said.The rhetoric between the two campaigns has been contentious.Bailey describes Scharf as beholden to special interests in Washington, D.C.“This is home for me, this is where I’m raising my kids, where he showed up here with a bag full of money in order to buy a political office,” Bailey said.Scharf said that unlike Bailey, he isn’t going to be swayed by influences within Jefferson City. “I think Andrew Bailey is a creature of the Jefferson City establishment. He’s being backed by all the lobbyists and all the special interests and all the folks who really run that city,” Scharf said.Whoever wins the Aug. 6 primary will face Democrat Elad Gross in November.

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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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