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West Newsmagazine 10-17-18

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30 I COVER STORY I<br />

October <strong>17</strong>, 20<strong>18</strong><br />

WEST NEWSMAGAZINE<br />

@WESTNEWSMAG<br />

WESTNEWSMAGAZINE.COM<br />

Amendment 1:<br />

By JIM ERICKSON<br />

What to believe?<br />

The question is one Missouri voters will<br />

face when they prepare to go to the polls Nov.<br />

6, especially when it comes to how to vote<br />

on Amendment 1 [known as Clean Missouri].<br />

According to proponents of the measure,<br />

the proposed amendment to the<br />

Missouri Constitution will bring needed<br />

ethics reforms in the state legislature and<br />

a change in how legislative districts are<br />

drawn after every U.S. census.<br />

On the other hand, those opposing the<br />

proposal say, among other things, that it’s<br />

“a Trojan horse” with measures that sound<br />

good but really are meant to disguise an<br />

attempt to hijack the legislative redistricting<br />

process.<br />

So, what is Amendment 1 all about? Here<br />

is a review of provisions that will become<br />

part of the state constitution if the proposal<br />

receives a majority of “yes” votes:<br />

• A change will be made in the process<br />

and criteria for redrawing state legislative<br />

district boundaries during reapportionment<br />

[redistricting]. More on that later.<br />

• The limits on campaign contributions<br />

that candidates for state senator or state<br />

representative can accept from individuals<br />

or entities will be reduced by $<strong>10</strong>0 per<br />

election for a Senate candidate and $500<br />

for a house candidate.<br />

• A $5 limit will be placed on gifts that<br />

state legislators and their employees can<br />

accept from paid lobbyists or the lobbyists’<br />

clients.<br />

• State legislators and their employees<br />

will be prohibited from serving as paid lobbyists<br />

for a period of two years after the<br />

end of their last legislative session.<br />

• Political fundraising by candidates for<br />

the state legislature will be prohibited on<br />

state property.<br />

• All legislative records and proceedings<br />

will be subject to the state open meetings<br />

A major decision for Missouri voters<br />

and records law [Missouri Sunshine Law].<br />

Amendment 1 proponents earlier this<br />

year collected more than enough voter signatures<br />

needed to place the measure on the<br />

ballot.<br />

Opponents then challenged the proposal<br />

in court, saying it violated the state constitution<br />

by dealing with more than one<br />

issue. A Cole County circuit judge agreed<br />

the measure dealt with “two different<br />

and extremely broad purposes,” namely<br />

ethics and the state legislature’s organization,<br />

and adjudicated the case accordingly.<br />

However, a subsequent ruling by the Missouri<br />

Court of Appeals overturned that<br />

decision, thereby keeping the proposal on<br />

the ballot.<br />

The appeals court’s conclusion was that<br />

the measure’s “multiple provisions all<br />

relate to a single central purpose: regulating<br />

the legislature to limit the influence of<br />

partisan or other special interests.”<br />

The Missouri Supreme Court refused<br />

to accept the case when the appeals court<br />

ruling was challenged. As a result, two primary<br />

groups now are battling for the hearts<br />

and minds of Missouri voters.<br />

Ethics reform or Trojan horse?<br />

Clean Missouri is the name originally<br />

attached to the initiative petition effort<br />

and now is linked to individuals and<br />

organizations supporting Amendment<br />

1. Among those supporters are former<br />

U.S. Sen. John Danforth, a number<br />

of current and former Republican<br />

state legislators and<br />

other officials. Clean Missouri<br />

also lists editorial<br />

endorsements from the<br />

St. Louis Post-Dispatch,<br />

the Kansas City Star<br />

and the Columbia<br />

Daily Tribune.<br />

In its Sept. 26<br />

editorial, <strong>West</strong> <strong>Newsmagazine</strong> opposed<br />

Amendment 1.<br />

The diverse consortium of organizations<br />

backing the amendment proposal includes<br />

the League of Women Voters of Missouri,<br />

the state’s AARP chapter, Jews United for<br />

Justice, the American Association of University<br />

Women, Missouri Faith Voices and<br />

a number of labor unions, among others.<br />

According to Danforth, “Amendment 1<br />

will ensure fair and competitive elections<br />

so elected officials cannot take their voters<br />

for granted and must earn their support.”<br />

In announcing the League of Women<br />

Voters’ support, the organization’s state<br />

president, Kathleen Boswell, observed,<br />

“Year after year, politicians are re-elected<br />

with big money, in districts drawn by politicians<br />

and party insiders. Amendment 1<br />

limits the influence of special interests<br />

in the legislature and ensures no party is<br />

given an unfair advantage when redistricting<br />

occurs after the next census.”<br />

There are pros and cons regarding the<br />

amendment’s ethics reforms. For example,<br />

Missouri Sen. Bob Onder [R-Lake Saint<br />

Louis] is concerned the provision about<br />

opening legislative records to Sunshine<br />

Law requests means letters and emails<br />

from constituents no longer will be withheld<br />

from public scrutiny.<br />

Nonetheless, there’s little dispute that<br />

most of the attention is on the redistricting<br />

provision.<br />

Onder describes that portion of<br />

Amendment 1 as “gerrymandering<br />

on steroids.”<br />

“Amendment 1 is an outright<br />

attempt to deceive by<br />

using measures voters are<br />

known to favor, such as<br />

banning gifts from lobbyists,<br />

to put in place<br />

a bizarre, unfair<br />

and deceptive<br />

method of<br />

drawing the lines for legislative districts,”<br />

he asserted. “Clean Missouri is financed by<br />

a group of left-wing, out-of-state liberals<br />

determined to regain for Democrats the<br />

seats and legislative power lost to Republicans<br />

in recent years.”<br />

Rep. Shamed Dogan [R-Ballwin] agrees,<br />

labeling Amendment 1 as a Trojan horse<br />

whose real purpose is obtaining “radical<br />

redistricting change.”<br />

“We will wind up in a situation where<br />

everyone loses,” he predicted.<br />

Politics or science?<br />

Current law mandates that redistricting<br />

be done by two commissions – one for the<br />

House and another for the Senate.<br />

For the Senate, state committees of the<br />

major political parties each name <strong>10</strong> nominees<br />

to handle the redistricting task. From<br />

this pool of 20, the governor then selects<br />

five members per party, or a total of <strong>10</strong>, for<br />

that commission.<br />

For the House, the congressional district<br />

committees from the major parties both<br />

nominate two members from each of the<br />

state’s eight congressional districts. From<br />

this pool of 32, the governor appoints one<br />

member from each party in each district,<br />

yielding an evenly divided 16-member<br />

commission.<br />

If a redistricting plan fails to get approval<br />

from at least 70 percent of either commission’s<br />

members, the state Supreme Court<br />

then appoints a panel of six appellate court<br />

judges to draw the district lines.<br />

Under the Amendment 1 proposal, the<br />

state auditor would select at least three<br />

persons judged by their applications to<br />

be qualified to serve as a non-partisan<br />

state demographer. The Senate majority<br />

and minority leaders then would choose<br />

someone from that list. If they can’t agree,<br />

they each would eliminate one-third of the<br />

applicants. Should more than one name<br />

Missouri State Capitol

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