Second Ruling Clears Way for 2022 Congressional Map

By Jae Jepsen, Jordan Davis and Anika Austvold, Missouri News Network

The U.S. Supreme Court cleared the way Thursday for the existing 2022 state congressional map to be used in the November election.

The action came in response to a federal district court judge’s ruling Tuesday that ordered Secretary of State Denny Hoskins to use a gerrymandered map passed a year ago.

Hoskins followed up by ordering county clerks to use the 2025 map, acting against a Missouri Supreme Court ruling issued a week ago that the map had never been valid.

Hoskins was summoned to the state Supreme Court on Thursday morning to explain why he should not be held in contempt for ordering the 2025 map be used. But Hoskins announced during a recess that he was directing local election authorities to use Missouri’s 2022 congressional map in November.

The Missouri Supreme Court ultimately held Hoskins in contempt Thursday for violating its previous order but announced it was satisfied with his move to use the 2022 map and withheld punishment.

Hoskins maintains that his decision to change was not motivated by the threat of repercussions, but a response to the U.S. Supreme Court decision earlier in the morning. The state high court placed a stay on the federal judge’s order, taking the federal judiciary out of the matter for now.

“The only law and directive that we have right now is from the Missouri Supreme Court, and the Missouri Supreme Court says that the 2022 map is in effect,” Hoskins said.

Prosecuting Attorney Chuck Hatfield represented Richard Von Glahn of People Not Politicians, the group that opposed the 2025 map and sought a public referendum before it could be used in an election. Hatfield said he sees the state high court’s decision as a victory.

“It’s really important today that the judiciary sort of held tight against, what I consider, an attempt by Secretary of State Hoskins to alter what is the law and has always been the law,” Hatfield said.

However, Attorney General Catharine Hanaway stipulated that, while the current situation strongly suggests the 2022 map will be used, there is still room for further litigation. Namely, she says the 2025 map could be used if the U.S. Supreme Court makes an order directing it.

The federal Eighth Circuit Court of Appeals is remaining active in the case, ordering an emergency hearing on the issue for Sept. 17.

“It’s very confusing, almost unprecedented, even in very complicated election law history,” Hanaway said.

Before Hoskins ever appeared in court, the dispute prompted a response from 14 Republican members of the Missouri General Assembly.

The lawmakers sent a letter to the Missouri Supreme Court threatening to seek impeachment proceedings against justices if Hoskins were held in contempt. They argued the court would be disregarding federal law by enforcing its order while a conflicting federal court order was in place.

“Should Secretary Hoskins be held in contempt, we will petition the Speaker of the House and legislative leadership to begin impeachment proceedings against the responsible members of this Court for willful neglect of duty, incompetency, and misconduct under Article VII, Sections 1 and 2 of the Missouri Constitution,” the lawmakers wrote.

The letter was signed by Republican Sens. Joe Nicola, Brad Hudson, Ben Brown, Jamie Burger, Curtis Trent, Rick Brattin, Adam Schnelting, Jason Bean and Jill Carter, along with Republican Reps. Jeff Myers, Chad Perkins, Mike McGirl, Bob Titus and Hardy Billington. None offered additional comment.

Notably absent from the letter’s list of supporters was Republican Rep. Bob Onder, a fierce proponent of the 2025 map. Onder’s district went through dramatic changes as a result of the change in map, losing 11 counties and gaining five. He said the map debate, at its core, is about voting rights.

“It’s not about me,” Onder said. “It’s about the voters, that 1.2 million voters, including hundreds of thousands, in my district, who are disenfranchised by what the Missouri Supreme Court has done.”

Brattin, the Republican nominee for Missouri’s 5th Congressional District, won the August primary under the 2025 map, which significantly reshaped the Kansas City-based district currently represented by Democratic U.S. Rep. Emanuel Cleaver, extending it into more Republican-leaning areas.

In a Facebook post on Thursday, Cleaver expressed his support for the U.S. Supreme Court’s action in favor of the 2022 map.

“A win for justice. A win for democracy. A win for the people of Missouri,” Cleaver said. “It is my hope that state officials will start following court orders and end this shameful attempt to break Missouri law and silence Missouri voters.”

House Democrats sharply criticized the letter, with House Minority Leader Ashley Aune calling it an attempt to intimidate the judicial branch and said the lawmakers could have violated state judicial tampering laws. Missouri law makes it a felony to attempt to harass, intimidate or influence a judicial officer in the performance of official duties.

However, Gov. Mike Kehoe continued to support Hoskins following Thursday’s hearing while suggesting that the legal fight over the map is not yet finished.

“While the reasoning behind today’s Missouri Supreme Court contempt hearings remain questionable, I am proud to stand behind Secretary Hoskins as he continues to serve as Missouri’s top elections authority,” Kehoe said in a statement on X.

“I look forward to the Eighth Circuit’s consideration of the merits of the Missouri First Map and remain confident in the legal process moving forward. Voters deserve certainty and clarity,” Kehoe said.

Hanaway also expressed her support for Hoskins, arguing that he was never in contempt of court.

“He wasn’t held in contempt, and he’s followed the law at every step of the way, and we’ve been proud to defend him at every step of the way, because he’s doing what he swore to do,” she told reporters.

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Opinion -- Missouri Right to Education Initiative Wins Court Victory

By Missouri Right to Education

Missouri Right to Education announced a major legal victory today in its effort to guarantee high-quality public education as a fundamental right. A Missouri court ruled in favor of Spencer Toder, the initiative’s Director, in his lawsuit challenging the Secretary of State’s false and misleading ballot language.

At issue was whether the Secretary of State’s proposed summary fairly and sufficiently represented the amendment, which seeks to make high-quality public education – adequate, thorough, and uniform – a fundamental right in the Missouri Constitution. The court sided with Toder, with the state unable to provide evidence that the amendment would result in negative outcomes for “students with disabilities and low-income families,” as stated in the Secretary of State’s proposed summary.

“Only public schools guarantee that all students are provided education, regardless of financial status or ability,” Toder said. “It’s unacceptable that we consistently ask our public schools to do more with less. When passed, we will finally be able to hold the state accountable and ensure that every child in Missouri has access to a public school with the necessary resources for them to thrive. When our kids are well educated, companies will flock to Missouri and our economy will soar. High-quality public education is the foundation of every successful community.”

The ruling orders the State to adopt clear language that accurately reflects the purpose of the initiative: ensuring every child in Missouri has a right to a high-quality public education.

“We filed this ballot initiative because schools across the country are shutting down as politicians take money from public schools and send it to private schools as a handout to their wealthy donors,” said Toder. “We’re seeing it happen in states like Arizona and Florida and Missouri is running the exact same playbook. The only thing that can stop it is this constitutional amendment. It is important to ask why any politician or organization would want to stand in the way of providing high quality public education for all kids.”

Missouri is currently 49th in state funding for public education and 49th for teacher pay.

“The idea that further defunding our schools is good for our communities is insane, but this amendment will not only stop the state from taking resources away from our public schools, but will finally give us the ability to ensure that we are competitive nationally and that our children have all of the opportunities they deserve.”

Missourians can sign up to volunteer and donate to the initiative at moeducation.org

About Missouri Right to Education:
Missouri Right to Education is a nonpartisan, citizen-led effort committed to ensuring every child in Missouri has access to a high-quality public education. By amending the Missouri Constitution to guarantee this right, the initiative seeks to strengthen public schools, improve accountability, and build a stronger future for Missouri’s families, workforce, and economy. To qualify to be on the November 2026 ballot, Missouri Right to Education must collect approximately 172,000 signatures across six congressional districts by May 3rd, 2026.

 

Opinion -- Court Rules Language for Anti-Abortion Measure Insufficient

 By the Missouri ACLU

A panel of judges at the Missouri Court of Appeals Western District found ballot language from both the Legislature and Secretary of State insufficient for failing to inform voters that the anti-abortion Amendment 3 would repeal and replace the Right to Reproductive Freedom that Missourians approved in 2024.

“With bills filed already threatening prosecution against providers and patients, it is crucial that Missourians know they are being asked to end the protections for reproductive health care that we just passed in the last general election,” said Tori Schafer, Director of Policy and Campaigns at the ACLU of Missouri. “This amendment 3 not only imposes strict bans on health care for Missourians but allows the anti-abortion politicians to impose similar restrictions on abortion that prevented access to care.”

The court recognized the potential impacts of Amendment 3, passed as HJR 73, stating, “HJR 73 eliminates the fundamental right as established by [the Right to Reproductive Freedom Initiative], and, in its place, places more limitations on the circumstances under which an abortion may be performed and allows the General Assembly to enact laws broadly regulating abortions, abortion facilities, and abortion providers.”

The court rewrote both the summary statement that voters will see on the ballot and the fair ballot language which informs voters of what a yes and no vote will mean.

The court certified the following summary statement:

Shall the Missouri Constitution be amended to:

Repeal the 2024 voter-approved Amendment providing reproductive healthcare rights, including abortion through fetal viability;

Allow abortions for rape and incest (under twelve-weeks’ gestation), emergencies, and fetal anomalies;

Allow legislation regulating abortion;

Ensure parental consent for minors’ abortions;

Prohibit gender transition procedures for minors?

The court certified the following fair ballot language:

A “yes” vote will repeal Article I, Section 36, of the Missouri Constitution approved by the voters in 2024 which provided reproductive healthcare rights, including abortion through fetal viability; continue to ensure women’s ability to access medical care for medical emergencies, ectopic pregnancies, and miscarriages; allow legislation to regulate abortion providers and facilities to ensure health and safety; require informed and voluntary consent for an abortion, including parental or judicial consent for minors; allow restriction of abortions to cases of medical emergency, rape and incest under twelve weeks gestation, and fetal anomalies; prohibit public funding of abortions except in limited circumstances; and prohibit gender transition procedures for minors including gender transition surgeries, cross-sex hormones or puberty-blocking drugs, with exceptions for specific medical conditions.

A “no” vote will leave Article I, Section 36, of the Missouri Constitution approved by voters in 2024 in place; will not limit abortion to cases of medical emergency, rape and incest under twelve weeks gestation, and fetal anomalies, but leave access to abortion available through fetal viability; will not prohibit gender transition procedures for minors.

If passed, this measure will not increase or decrease taxes. 

The ACLU of Missouri and Stinson LLP filed the lawsuit against the Secretary of State in July of 2025.

 

GOP Texts Demand Missourians Rescind Gerrymander Petition Signatures

The national GOP has sent texts to Missourians who signed a petition seeking to veto the recently passed bill eliminating Congressman Emanuel Cleaver’s seat in Kansas City and dividing it between three Republican districts, including Sam Graves’. The texts in question demanded that voters withdraw their signatures “before it is too late,” and gave a number people could call.

One such recipient, Elad Gross, who ran as a Democrat for Attorney General in 2024, posted a screenshot on Facebook and posted, “Just got this from the NATIONAL Republican Party. They’re sure spending a lot of money to try and stop the referendum on the ILLEGAL GERRYMANDER with deceptive messaging.”

On October 15th, Missouri Secretary of State Denny Hoskins ruled that a veto petition to overturn this effort by the legislature can go forward but ruled that any signatures collected before that day were invalid.

To qualify for the ballot, proponents must collect signatures from at least 5% of registered voters in six of Missouri’s eight congressional districts by the statutory deadline of December 11th. Under Missouri Law, referendum petitions can be filed no later than 90 days after the adjournment of the legislative session in which the bill was passed. The legislative session in question ended in September 2025, hence the December 11th deadline.

Several years ago, the Missouri legislature attempted to pass a Right to Work law, which states that people who work for an employer do not have to join a union or pay union dues. However, a referendum petition overwhelmingly defeated that measure all over the state, including in Worth County. All federal government employees are still covered by Right to Work due to a Supreme Court ruling in 2018.

 

Opinion -- ACLU Sues Alleging Misleading Ballot Language on Abortion Ban Measure

By the ACLU of Missouri

The ACLU of Missouri and Stinson LLP filed a lawsuit against Secretary of State Denny Hoskins for certifying an intentionally misleading and inaccurate summary statement and fair ballot language for a measure that would overturn the recent voter-passed constitutional protections for reproductive freedom.

The ballot measure was placed on the ballot by the legislature in the form of House Joint Resolution 73 but will appear on the ballot as Amendment 3. Amendment 3 fails to inform voters that, if passed, will eliminate the fundamental right to reproductive freedom; abolish explicit constitutional protections for prenatal care, childbirth, postpartum care, birth control, and respectful birthing conditions; and would overturn protections against prosecution for physicians related to pregnancy outcomes.

“Less than six months after we voted to end Missouri’s abortion ban and protect reproductive freedom, politicians chose to ignore the will of the people so they can reinstate their ban on abortion,” said Tori Schafer, Director of Policy and Campaigns at the ACLU of Missouri. “Amendment 3, passed as HJR 73, is a copy and paste bill from special interest groups that will abolish our constitutional right to reproductive freedom, including access to abortion care.”

In addition to the misleading and inaccurate summary statement, Amendment 3 violates the state’s single subject clause for ballot measures that will amend the Constitution. Specifically, Amendment 3 erroneously categorizes several topics to fall under the definition of “reproductive health care,” including banning health care for transgender adolescents, arbitrarily forcing all legal actions “relating to reproductive health care” to be heard in Cole County Circuit Court, and creating a notification system for the Attorney General on all private and non-state involved lawsuits questioning the constitutionality of state statutes.

The lawsuit asks the court to declare Amendment 3’s summary statement and fair ballot language unfair and insufficient and to certify a new, compliant summary statement for voters, or to declare Amendment 3 in violation of the state Constitution and deny it from being placed on any ballot.

Five Measures Make Missouri Ballot for November

On Tuesday, Secretary of State Jay Ashcroft certified five measures for the November ballot this year. All measures require a simple majority to pass. 

Amendment 2 would allow the Missouri Gaming Commission to regulate licensed sports wagering. Sports betting would be restricted to people over the age of 21 and physically located in the state. There would be license fees and a 10% wagering tax on revenues received to be appropriated for education, expenses of the Missouri Gaming Commission, and funding the Compulsive Gambling Prevention Fund. 

Amendment 3 would legalize the right to reproductive healthcare in Missouri, including abortions and contraceptives. Any governmental interference would be presumed invalid. It would remove Missouri’s abortion bans, allow regulations to improve the health of the patient, require the government not to discriminate against persons providing or obtaining reproductive healthcare, and allow abortion to be restricted or banned after fetal viability except to protect the life or health of the woman. 

Amendment 6 would allow courts to levy costs and fees to support salaries and benefits for current and former sheriffs, prosecuting attorneys, and circuit attorneys. 

Amendment 7 would state that only US citizens could vote. It would prohibit ranked choice voting, and require the plurality winner of a political party primary to be that party’s sole candidate in the general election. 

Proposition A would increase the Minimum Wage to $13.75 per hour on January 1st, 2025 and $15 per hour on January 1st, 2026. It would adjust the minimum wage based on changes in the Consumer Price Index starting in 2027. Employers would be required to provide one hour of paid sick leave for every 30 hours worked. The Department of Labor and Industrial Relations would provide oversight and enforcement. Governmental entities, political subdivisions, school districts, and educational institutions would be exempt. 

Supreme Court Rules States Can’t Remove Trump from Ballot

On Monday, Secretary of State Jay Ashcroft lauded the U.S. Supreme Court’s unanimous decision to reject the idea that election authorities have the discretion to remove candidates from the ballot. This unprecedented case, Donald J. Trump v. Norma Anderson, centered on whether the 14th Amendment of the Constitution could bar President Trump from appearing on the ballot in Colorado and other states. 

“I will always work to preserve and protect the right of voters to decide for themselves who will represent them on the ballot,” said Ashcroft. “This was a frivolous effort to weaponize the 14th Amendment.” 

Ashcroft, a licensed attorney in Missouri, led a coalition of 10 other secretaries of state who signed on to an amicus brief he filed with the court. As well, Ashcroft traveled to Washington, D.C. to attended the Supreme Courts oral arguments in the case.

“We should not have partisan political actors, sometimes unelected bureaucrats, deciding who will be on the ballot based on allegations,” Ashcroft said. “This is the sort of thing you would expect to see in banana republics, not in the United States of America. I’m grateful the Supreme Court put a stop to this idiotic attempt to subvert our election process.” 

In Missouri, the selection of presidential nominations for the November 2024 ballot will be decided by registered voters under the direction of each established state political party. Missouri held its Republican caucuses Saturday. Additional information can be found at www.sos.mo.gov or by contacting local party headquarters.

State Auditor Says Secretary of State Withheld Information on Implementation of Cybersecurity Law

By the Missouri State Auditor's Office

An audit report released Monday by State Auditor Scott Fitzpatrick gives the Missouri Secretary of State's Office a rating of "fair," which is a downgrade from the office's last audit that had a rating of "good."

The report details how the Secretary of State's Office (SOS) refused to provide information on the office's implementation of a new statutory requirement to perform cyber security reviews of Missouri's 116 local election authorities (LEAs). Despite the fact that Missouri law requires the disclosure of the information to the State Auditor's Office (SAO), the SOS refused to provide the names of LEAs receiving cyber security reviews, LEAs planned to receive future reviews, or the results of the reviews that have been conducted.

In 2022, the Missouri Legislature passed House Bill 1878. Among the numerous election related provisions contained in the legislation was a new requirement that the SOS and LEAs receive a cybersecurity review once every two years. Because the SOS refused to cooperate, audit staff were unable to obtain sufficient evidence to evaluate the steps taken by the SOS to comply with the new state law. While the SAO did not pursue legal remedies to obtain the information, it did determine through other means that, at a minimum, most of the cyber security reviews appear to have been completed. The audit recommends the SOS provide information requested by the State Auditor as required by state law.

"Public trust in the electoral process is the cornerstone of our democratic institutions. The legislature passed HB 1878 with the goal of providing Missourians confidence that their voices are being accurately and securely recorded at the ballot box. With a major election cycle right around the corner, verifying the implementation of the new cyber security reviews was a vital part of our audit. The law clearly provides our audit staff with the authority to receive and review this information, and it's disappointing the Secretary of State's Office stood in the way of our efforts to perform a thorough analysis of how the new cyber security reviews have been implemented," said Auditor Fitzpatrick. "Going forward I hope the office, and all governmental entities, will follow the law and respect the duty we have to provide taxpayers with a better understanding of how government is operating and that their tax dollars are being used efficiently."

The audit also found a decision made by the Secretary of State's Office to leave the Electronic Registration Information Center (ERIC) will cause local election authorities (LEAs) to have less information to identify and correct inaccurate voter records because the SOS did not have a plan to replace the benefits received from membership with ERIC.

In September 2017, the Missouri Association of County Clerks and Election Authorities (MACCEA) unanimously passed a resolution urging Missouri to join ERIC to "improve the efficiency and quality of voter registration list maintenance."  Shortly after the MACCEA adopted the resolution at their 111th Annual Conference, the SOS became a member of ERIC in January 2018. According to Secretary Ashcroft, the state joined ERIC to make elections better, make voter rolls more accurate, and bring greater trust to the election process.

As the SAO attempted to evaluate the efficacy of ERIC membership, SOS officials refused to provide reports from ERIC or details of how many deceased voters, cross-state movers, or duplicate voter registrations were identified by ERIC data reports. This refusal necessitated that audit staff obtain this information directly from ERIC. The data shows during the five years the state was a member of ERIC, the SOS and local election authorities (LEAs) were provided information on over 770,000 potentially duplicate voter registration records and over 21,000 deceased voter registration records. Election administrators in Missouri's largest election jurisdiction, St. Louis County, used ERIC reports to remove thousands of deceased voters from their voter rolls alone.

According to the audit, the SOS did not fully evaluate the benefits received from ERIC prior to terminating the membership. The SOS did not track and analyze the summary data received from the ERIC reports or the results of the LEAs' investigations of the potentially inaccurate records identified by ERIC. Prior to making the decision to terminate ERIC membership, SOS officials did not consult the LEAs even though they are the primary users of the reports generated by ERIC. Since the departure, county clerks have publicly stated their list maintenance efforts will be less efficient and more tedious as they will have to rely on pre-ERIC methods to ensure the accuracy of their voter rolls. The audit concludes that while the SOS has recently undertaken efforts to replace the benefits received from ERIC, those efforts have not been fully implemented and it is unlikely those procedures will fully offset the value received from the ERIC membership. The report recommends the SOS take action to make sure the LEAs have the most appropriate data available to ensure the completeness and reliability of the state's voter registration data.

Fitzpatrick said, "I can respect why Secretary Ashcroft felt it was necessary to end the relationship with ERIC, but that doesn't negate the responsibility to have a plan to replace that data so the office has a reliable way to ensure we don't have dead voters registered in Missouri as we enter a major election year."

The audit report also includes a finding from the 2023 Annual Comprehensive Financial Report - Report on Internal Control, Compliance, and Other Matters, which found the SOS did not have adequate controls and procedures over financial reporting of accounts receivable. As a result, civil penalty accounts receivable data submitted to the Office of Administration for inclusion in the financial statements for the year ended June 30, 2022, was misstated. If the resulting misstatements had not been identified during the audit, Government Wide - Governmental Activities and Public Education Fund net accounts receivable and related liability balances would have been overstated by at least $9.7 million in the financial statements.

Secretary of State Jay Ashcroft Visits Worth County Library

Missouri Secretary of State John (Jay) Ashcroft visited the Worth County Partnership Library Friday to show his support for the state library system and to answer questions about his duties. In attendance were current and former librarians, library board members, and a government class taught by Jeshua Blaine. Ashcroft said that the partnership is still a unique one for the state and he always holds it up as an example of what entities can do when they work together. “It just makes so much sense,” he said.

Among his duties include assisting with elections, regulating securities, corporate registration, overseeing the Wolfner Library (which provides books to people who are blind), and funding the state library system, of which Worth County is a part.

He said he had gotten a lot of questions about the election since 2020 and said that it was a matter of credibility. “I focus on how government can work better,” he said.

Asked about a question between the federal/state divide, Ashcroft said that securities regulation is one area where it can become blurry. “I can regulate securities until the SEC steps in,” he said. Periodically, his office issues news releases regarding fraudulent and/or unregistered securities in the state which promise returns that they can’t deliver. Sometimes, Ashcroft’s office refers matters for criminal prosecution.

Asked about local needs, current librarian Kandi Hughes said that the library needs more money. “We cannot do without the school,” she said. Currently, the library has the second smallest funding level in the state. Ashcroft said that he was pushing for an athlete and entertainer’s tax to be continued along with trying to change rules to allow more flexibility with state funding so libraries can meet their physical needs. He noted that some libraries he visited had leaky roofs. Several years ago, the Maryville Public Library had issues with a leaky roof which cost them a lot of money to fix. Ashcroft said a lot of the problem for the upcoming session is that a lot of people would be running against each other. He said that the current formula, which favors St. Louis, St. Charles, and Kansas City was “silly” and that they were looking at ways to balance it more. He encouraged the library to take advantage of grant opportunities that were available at the state level.

The Partnership Library has been seeking to expand opportunities for people. The 1,000 Books Before Kindergarten program has been well received, with several kids successfully completing the program. The library has drawn people from Iowa seeking books and resources. They have changed their hours to be open in the mornings on Tuesday and Thursday to accommodate different people. Ashcroft noted that some libraries he visited were beginning to do away with some of their desktop computers, but Hughes noted that there were still people in rural parts of the county who still didn’t have high-speed Internet access.

Ashcroft said that he was a believer in a constitutional republic. He said that the problem with majority rule is that then, minorities are only granted powers which the majority sees fit to give them. He said that there were certain things that majorities should not decide, such as one’s choice of religion or speech.

He is the son of former Governor, Senator, and US Attorney General John Ashcroft. He said that his dad is now 81 years old, doing well, and doesn’t act his age, still climbing up on roofs. An accomplished musician as well, he still relaxes by playing the piano.

Governor Mike Parson Visits Long Branch Project

On Wednesday, Governor Mike Parson visited the Long Branch project between Maryville and Ravenwood that is nearing completion. He was touting his Focus on Bridges program. Among other infrastructure investments:

–$75 million in transportation cost share to public and private applicants for public road and bridge projects;

–$100 million in low volume routes;

–$12.9 million in public transit;

–$100 million in broadband infrastructure;

–$42.2 million in broadband grants;

–$8.5 million in rural telehealth access;

–$411.7 million in water, wastewater, and stormwater grants.

Governor Parson is the second state official to visit the area in as many days. Secretary of State Jay Ashcroft visited Worth and Gentry counties the day before.

Opinion -- Missouri Initiative on Recreational Marijuana Makes November Ballot

The Sheridan Express welcomes opinion pieces both for and against the measure. Send submissions to express@grm.net or Sheridan Express, 205 N. 4th Street #8, Sheridan, MO 64486. The Sheridan Express reserves the right to edit or reject any and all submissions. 

By Legal Missouri 2022

Missouri voters will soon have an opportunity to determine whether the Show-Me State becomes the 20th in the nation to regulate, tax and legalize marijuana for adult use.

The Legal Missouri 2022 campaign on Tuesday announced that its citizens’ initiative petition — signed by more than 400,000 supporters — contained the necessary number of valid voter signatures to qualify for the Nov. 8 general election ballot, as determined by the Missouri Secretary of State’s Office.

State officials certified 214,535 voter signatures across the state's eight congressional districts as valid, exceeding the required minimum of 184,720 needed to make the fall ballot.

“Our statewide coalition of activists, business owners, medical marijuana patients and criminal justice reform advocates has worked tirelessly to reach this point, and deserves all the credit,” said John Payne, LegalMo22 campaign manager. "Our campaign volunteers collected 100,000 signatures, on top of paid signature collection. That outpouring of grassroots support among Missourians who want to legalize, tax and regulate cannabis made all the difference." 

“We look forward to engaging with voters across the state in the coming weeks and months. Missourians are more than ready to end the senseless and costly prohibition of marijuana.”

The proposed constitutional amendment will be listed on the ballot as Amendment 3 and would allow Missourians ages 21 and older to possess, consume, purchase and cultivate marijuana.

Additionally, the tens of thousands of Missourians previously charged with nonviolent marijuana offenses would have their records automatically expunged ─ a critical criminal justice reform that if passed, would make Missouri the first state where voters took such a step.

Current Missouri law and most similar programs in other states require those seeking to vacate their convictions to first petition the courts, an expensive and time-consuming process.

A 6 percent state sales tax on marijuana would generate estimated annual revenue of at least $40.8 million, with an optional local sales tax of up to 3 percent yielding additional local government revenues of at least $13.8 million, a state auditor’s analysis projects.

The actual public benefit could potentially be much higher: sales on Missouri’s medical marijuana market now average $30 million a month – $1 million per day, or an annual pace of $360 million.

Those public dollars, in turn, would cover implementation costs including expungement, with remaining funds allocated to veterans’ services, drug addiction treatment and the state’s chronically underfunded public defender system.

The automatic expungement provision does not apply to violent offenders or those whose offenses involved distribution to a minor or operating a motor vehicle while under the influence of marijuana.

Organizations endorsing LegalMo22 to date include the ACLU of Missouri, the Missouri Association of Criminal Defense Lawyers, Empower Missouri, the St. Louis City, St. Louis County and St. Charles County chapters of the NAACP, the Real Justice Network and the National Organization for the Reform of Marijuana Laws (NORML) and its six chapters across the state.

In 2018, marijuana possession accounted for more than 50 percent of all drug arrests in Missouri. Of the nearly 21,000 marijuana arrests here that year, the vast majority were for simple possession of very small amounts.

The disproportionate impact of those arrests are documented in a 2020 ACLU report which showed that Blacks are 2.6 times more likely than whites to be arrested for marijuana possession in Missouri – even though their national marijuana usage rates are comparable.

In some Missouri counties, the disparity is as much as 10-to-1.

The initiative’s automatic expungement provision will provide a clean slate to those whose past convictions become what the University of Missouri-Kansas City School of Law calls “the punishment that never ends.”

“Despite having fully paid their debt to society, they find that the impact of their record lingers, blocking educational, employment, and housing opportunities,” the UMKC Law report concludes. The persistence of criminal records also takes a heavy toll on an individual’s health.”

Law school researchers found that only 125 Missourians (among the estimated 1.3 million to 1.8 million with criminal records) were able to expunge their records in 2019. 

The adult-use campaign comes nearly four years after Missouri voters overwhelmingly agreed to enshrine the use and sale of medical cannabis in the state Constitution.

The state Department of Health and Senior Services has since issued more than 190,000 medical cannabis cards to Missouri patients and caregivers

The Legal Missouri 2022 initiative also seeks to broaden participation in the legal cannabis industry by small business owners and among historically disadvantaged populations, including those with limited capital, residents of high-poverty communities, service-disabled veterans and those previously convicted of non-violent marijuana offenses, among other categories.

A new category of cannabis licenses reserved for small businesses would, over time, add a minimum of 144 licensed facilities to the existing 393 licensed and certified cannabis businesses in the state: 18 in each of the state’s eight congressional districts, with at least six per district operating as dispensaries and the remainder designated as wholesale facilities.

This is a new licensing category that allows operators to both cultivate the plant and manufacture cannabis products. The new license holders would be selected at random, by lottery.

A copy of the Legal Missouri 2022 petition can be found here. For more information on the adult-use ballot initiative, including details on how to volunteer or donate to the campaign, visit www.legalmo22.com.

####

Petition Highlights:

Allows Missourians 21 years and older to possess, purchase, consume and cultivate marijuana.

Levies state taxes of 6 percent on retail sales of marijuana. New revenue funds regulatory program and costs to process automatic expungements, with the surplus split equally among veterans’ services, drug addiction treatment, and Missouri’s underfunded public defender system.

Allows local governments to assess local sales taxes of up to 3 percent.

Automatically expunges nonviolent marijuana-related criminal records of hundreds of thousands of Missourians. Current Missouri law and most similar programs in other states require those seeking to vacate their convictions to first petition the courts, adding time and expenses.

Violent offenders and those whose offenses involved distribution to a minor or operating a motor vehicle while under the influence of marijuana would be ineligible for expungement.

 Allows local communities to opt out of adult use retail marijuana sales through a vote of the people.

Strengthen Missouri’s medical marijuana program. The petition extends the amount of time that medical marijuana patient and caregiver ID cards are valid from one to three years while keeping that cost low ($25). And the current $100 fee for Missourians who choose to grow medical marijuana at home will be reduced by half, with the expiration period also extended from one to three years.

Provides employment discrimination protection for medical patients, preventing them from being denied employment or being disciplined or fired for off-the-job medical marijuana use.

Seeks to broaden participation in the legal cannabis industry by small business owners and among historically disadvantaged populations, including those with limited capital, residents of high-poverty communities, service-disabled veterans and those previously convicted of non-violent marijuana offenses

Adds a minimum of 144 of these new small businesses to the existing 378 licensed and certified cannabis businesses in the state.

All new license holders will be selected at random, by lottery.

Adds nurse practitioners to the category of healthcare professionals who can issue medical cannabis recommendations to patients.

Secretary of State Holds Up Partnership Library as Model for State

Missouri Secretary of State Jay Ashcroft held up the Worth County Partnership Library as a model for the rest of the state to follow during a visit Tuesday, September 21st. He said that nobody else in the state had integrated like this. "I love this idea," he said. "There was that roadblock that said things couldn't be done, but it was," added State Rep. Allen Andrews, who was in attendance. "People rallied around the idea."

Also in attendance were Superintendent Chris Healy, Public Library board members Sharon Dowis and Denise Rowen, School Librarian Nanci Drury, volunteer assistant Judith Matteson, and Public Librarian Riley Drury. 

Ashcroft has been a regular guest at Worth County; one of his most recent visits was when he delivered hand sanitizers, masks, and other safety equipment to Worth County and other election officials around the state so that Missouri could hold municipal elections in the middle of the pandemic last year. He logged over 5,000 miles during that stretch. 

"You're about equipping people with resources so that they know what to do," said Ashcroft. He said that critical thinking is a must in today's society. "If you teach people how to think, it makes a lifetime of difference," he said. While he is not a fan of excessive government spending, Ashcroft has been lobbying the legislature during his tenure as Secretary of State for more library funding, saying that it repays itself many times. For instance, he said he visited another library that saw its usage plunge during the pandemic and still sat down and figured out that they were getting a return on investment of 3-1. 

Andrews said that libraries were more relevant than ever and praised Ashcroft for standing up to those who wanted to cut state library funding. 

Returning to the topic of education, Ashcroft said that we needed to reevaluate education in a lot of ways. Student test scores went down during the pandemic, and he wanted to see schools meeting students where they are at as opposed to expecting them to know certain things by a certain grade level. "If you teach students how to think critically, anything is possible," he said. He said that the pandemic created a real opportunity to make changes in how students were taught.

Rowen said that as a mother who homeschooled her kids, all three of them had different needs. "We want to see how we can get the public interested in the library," she said when talking about the board's goals. The new librarian, Riley Drury, has built a website for the library for both the school library and the public library. The website is located at www.wocolibrary.com. 

Worth County Clerk Gets Recordkeeping Grant

Secretary of State Jay Ashcroft’s Local Records Division is pleased to announce 23 grants totaling $283,584. These awards include 17 Local Records Grant Program awards totaling $144,809 and 6 Electronic Records Grant Initiative grants worth $139,775. 

“My office is pleased to help local communities in our state with records preservation,” Secretary Ashcroft said. “It’s a good thing to save the past for future generations to see.”

Based on recommendations of the Missouri Historical Records Advisory Board, the Local Records Grants provide the recipient local governments with assistance for records management and preservation projects. The Electronic Records Grant Initiative grants are intended to assist local governments in establishing good electronic records management practices and to provide greater transparency by allowing greater public access to records online.

Among the entities awarded funds was the Worth County Clerk, who received $24,500 for equipment, software, and training. 

New Petition Would Change How State Judges Are Elected

A new initiative petition in Missouri would allow judges of the Missouri Supreme Court and Court of Appeals to be elected in the same manner as contested elections for governor. Currently, the Governor nominates judges based on the recommendation of a committee of lawyers, judges, and the governor’s chosen appointees. Judges are retained by a yes or no vote. In practice, most judges are retained.

State Supreme Court Judges would be elected for six year terms, as would appeals judges. Judges could not be elected for more than two terms. Associate circuit judges would be elected for four year terms.

Elections for the offices of Judge of the Supreme Court and Court of Appeals would be partisan elections. Parties would nominate candidates for judge in the same manner that they would other statewide officeholders. 

Prospective judicial candidates could announce their views on disputed legal or political issues; however, judges could not promise to render specific rulings or decisions on pending litigation. Judicial candidates could solicit, receive, and make campaign contributions like any other candidate for office.

New York Firm Accused of Defrauding 255 Missourians

Secretary of State Jay Ashcroft’s Securities Division ordered David Gentile, Jeffry Schneider, Jeffrey Lash and their companies to show cause why restitution of more than $24 million should not be paid after allegedly defrauding 255 Missouri investors and tens of thousands more across the U.S.

The division alleges that between 2013 and 2018, Gentile, Schneider and Lash raised more than $1.8 billion by luring individuals to invest with misleading promises of reliable returns. The three men and their companies — GPB Capital Holdings LLC, Ascendant Capital LLC and Ascendant Alternative Strategies LLC — relied on a Ponzi-style scheme for financing, using new investors’ capital to pay returns to prior investors.

The massive fraud scheme originated in New York and has affected tens of thousands across the U.S., including 255 Missourians, who invested $37 million. Missouri is one of seven states filing corresponding actions today alleging fraudulent conduct from Gentile, Schneider and Lash and their companies.

New Jersey, New York, Alabama, Georgia, Illinois, and South Carolina joined Missouri in the simultaneous filings, which coincide with court action taken by the United States Securities and Exchange Commission.

The United States Attorney’s Office for the Eastern District of New York arrested Lash and Schneider, while Gentile is expected to surrender this morning on related charges.

“Our office will continue to work with our partners in state and federal law enforcement and regulatory agencies to combat investment fraud,” Ashcroft said. “We aim to bring to justice anyone whose unlawful actions harm the integrity of the financial markets or illegally cause investor losses.”

The Securities Division is seeking a final order for more than $24 million in restitution with interest, $18 million in civil penalties, and disgorgement and investigation costs.

Ashcroft urges all investors to know the risks. If you have any questions about an investment opportunity or wish to check the background and registration status of a financial adviser, please call the toll-free investor protection hotline at 800-721-7996, or go online to www.missouriprotectsinvestors.com to file a complaint.

Four Initiative Petitions Begin Circulation for Missouri

Secretary of State Jay Ashcroft announced his office recently received four initiative petitions amending the Missouri Constitution.

Before circulating petitions for signatures, state law requires that groups must first have the form of their petition approved by the secretary of state’s office. The office then has 23 days after the form of the petition is approved to draft ballot summary language.

Comments will be taken pursuant to Section 116.334, RSMo. This provision allows Missourians to offer their observations on the submitted proposal online or by mail. Missourians can provide their comments at www.sos.mo.gov/comment. The secretary of state’s office will review all comments submitted.

Each petition would make it a Class A Misdemeanor for anyone to sign any initiative petition with a name other than his or her own, or to sign their name more than once for the same measure for the same election, or to sign a petition knowing they are not a registered voter in the State of Missouri.

Medical Marijuana Company Ordered to Repay Investors

Secretary of State Jay Ashcroft’s Securities Division issued a consent order against Shawn Harrison, Kristie Harrison, Kevin Larson and their company Cannabis Plus Missouri LLC after they committed fraud in offering and selling unregistered securities.

From April 2019 to May 2019, Eureka, Missouri, resident Shawn Harrison sold at least $10,000 in unregistered, non-exempt promissory notes claiming to be investments in the distribution of medical marijuana to at least three St. Louis-area residents. Neither Shawn Harrison nor his associated businesses, Cannabis Plus Missouri LLC and Can Plus Mo Investments, were registered to offer and/or sell securities.

Larson aided in soliciting the sales of the investment contracts and promissory notes and facilitated the sales. Shawn Harrison’s spouse, Kristie Harrison, aided the enterprise in a financial role.

Prior to the offer and/or sale of securities, it was not disclosed that the funds would be used for anything other than licensure and startup costs. Instead, the funds were used for personal expenditures, which constituted fraud.

“Before you part with your hard-earned money, make sure that money is put to its intended use and not for other purposes,” Ashcroft said. “Verify that the company or person you are considering investing with is properly registered to offer and sell securities in Missouri. Our office is here to help provide valuable information, so Missourians can make informed investment decisions.”

The division ordered the Harrisons and their company to pay restitution of $11,352.65 and $10,000 in penalties and costs. Of the penalties, $8,000 will be suspended pending compliance and ultimately waived Aug. 1, 2021, provided the Harrisons remain compliant with the order and pay all other amounts due in full before then.

Ashcroft urges all investors to know the risks. If you have any questions about an investment opportunity or wish to check the background and registration status of a financial adviser, please call the toll-free investor protection hotline at 800-721-7996, or go online to www.missouriprotectsinvestors.com to file a complaint.

Ashcroft Details August 4th Voting Options

Last week, Missouri Secretary of State Jay Ashcroft traveled the state to discuss election law changes brought about by SB 631, which created a COVID-related option to vote by absentee ballot and offers every registered voter an opportunity to vote by mail-in ballot with notarization. Missouri’s next election is the August 4 primary.

In-person voting remains a secure option to cast a ballot. “I want to assure Missouri voters that their local election authorities (LEAs) are taking many precautions to make voting in person safe and secure,” Ashcroft said. “My office has distributed $4.5 million in federal and state funds and provided them with sanitizer, floor distancing strips, face masks, face shields and other items to assist with creating a safe voting environment. Voting in person is the most secure way to cast a ballot.”

In-Person Voting

On the August 4 election, you may cast your ballot at your polling place. Curb-side voting is also available; call your local election official for details. Local election officials are preparing polling places to provide space between voters and poll workers, and providing other safeguards, like hand sanitizer, face masks and face shields for poll workers.

Sample ballots will be printed in next week’s Sheridan Express, and we will print polling locations.

Absentee Ballot Voting

Voting by absentee has been available for more than 30 years. Until recently, six excuses existed to obtain an absentee ballot, all but one of which require a notary.

– If you are incapacitated or confined due to illness, you are not required to have your ballot envelope notarized.

– If you are voting absentee due to any of the other reasons – religious beliefs or practice, working as an election worker, incarcerated but still eligible to vote, being absent from your election jurisdiction on election day or being a certified participant in an address confidentiality program – you are required to have your ballot envelope notarized.

SB 631 created another justification to vote by absentee ballot. The new, seventh option allows voters to be eligible if they have coronavirus or are at risk because they fall into any of the following categories: are age 65 or older; live in a long term care facility; have chronic lung disease or moderate to severe asthma; have serious heart conditions; are immunocompromised; have diabetes; have chronic kidney disease and are undergoing dialysis; or have liver disease. Under this exemption, you are not required to have your ballot notarized.

Absentee ballots may be requested in person, by mail, facsimile or email. An in-person request may be made up until the day before the election and the ballot completed in the office of the election official; other methods of request must be made by July 22. To request an absentee ballot, contact the Worth County Clerk’s office.

Absentee ballots may be returned to the local election authority in person or by mail. Absentee ballots must be received in the election office by the close of the election, 7 p.m. on Aug. 4.

Mail-in Voting

SB 631 created a mail-in ballot option available to all registered voters. This is a temporary option available in 2020 due to COVID-19.

Any registered voter may request a mail-in ballot in person or by mail. Requests must be made by July 22. A dual absentee/mail-in application may be found here: https://www.sos.mo.gov/CMSImages/ElectionGoVoteMissouri//2020FillableBallotApplication.pdf or contact the Worth County Clerk’s office.

The ballot envelope, per state law, must be notarized. Additionally, state law requires mail-in ballots to be delivered to the local election authority by U.S. mail only. Ballots must be received in the local election authority’s office by the close of the election, 7 p.m. on Aug. 4.

Notary Required

Several voting options require a ballot envelope to be notarized. A Notary Public provides this service. Notarization helps to assure that the person who requested the ballot is the same person who is submitting it.

State law forbids notaries from charging a fee to notarize an absentee ballot. However, SB 631 did not forbid notaries from charging to notarize a mail-in ballot. As a result, the Secretary of State’s office is compiling a list of organizations and individuals who are volunteering to provide both services free of charge.

The Missouri Secretary of State website has a list of volunteer notaries on its website.

California Company Sold Unregistered Notes

Secretary of State Jay Ashcroft’s Securities Division issued a consent order against California-based company Adomani Inc. and its chief executive officer, James L. Reynolds, for issuing unregistered promissory notes to four Missouri investors.

Between January and November 2015, Adomani raised $186,500 in company funding from Missouri investors residing in Gerald, St. Charles, Catawissa and Chesterfield, Missouri by issuing unregistered, non-exempt promissory notes through Nevada-based company Retire Happy LLC. Retire Happy was not registered as a broker-dealer. Reynolds’ signature appeared on all four promissory notes.

Prior to the order, Adomani paid the agreed-upon interest and principal on the promissory notes in full to the four Missouri investors.

“Our office is here to help inform investors,” Ashcroft said. “We can tell you if the person or company you’re dealing with is registered. If you’re unsure, always contact our office before you invest.”

The division will suspend $9,000 in civil penalties against Reynolds and his company, provided they reimburse the division for investigation costs of $2,500 within 30 days.

Ashcroft urges all investors to know the risks. If you have any questions about an investment opportunity or wish to check the background and registration status of a financial adviser, please call the toll-free investor protection hotline at 800-721-7996, or go online to www.missouriprotectsinvestors.com to file a complaint.

 

Court Rulings Change Voter ID Requirements at Polls

Recent court rulings have loosened voter ID requirements at polling locations around the state, including Worth County. On October 23rd, a judge issued an injunction blocking implementation of the voter-approved Voter ID law. This means that for the purposes of this election, Missouri will be under the old rules for showing Voter ID.

Option 1
Voters may show a Missouri Driver’s License, a Missouri Non-Driver’s License, a US Passport, or a Military ID Card to vote.

Option 2
Voters may now show a Voter Registration Card, an ID from a Missouri University, College, Vocational, or Technical School, a utility bill, a bank statement, government checks, paychecks, or any other government document showing your name and address. Showing one of these forms of identification will allow you to vote. Previously, voters had to sign an affidavit and return with an Option 1 ID or vote with a provisional ballot.

Option 3
If you have no ID on you when you vote, you can vote with a provisional ballot, leave and then come back to your polling place with an Option 1 ID. If you do, your vote counts. If your signature matches the signature in the voter registry, your vote will count.

In Missouri, polls will open at 6 am and close at 7 pm. If you are in line at 7 pm, you will be allowed to vote.

On Tuesday afternoon, another court revived a lawsuit filed by the ACLU and another civil rights group seeking to stop implementation of the Voter ID Law. The Western District Court of Appeals overturned a lower court’s dismissal of the suit, which seeks to stop implementation, saying the state failed to provide adequate education about the new requirements.