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Missouri House passes elections bill
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Missouri House passes elections bill

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JEFFERSON CITY • With an eye toward preventing the governor from appointing a new lieutenant governor, the Missouri House passed a bill Wednesday that aims to clarify how some elected officials would be replaced if they leave office early.

The chamber approved the bill, which would require that openings in most statewide offices be filled through special elections, in a 115-45 vote, making it the first major piece of legislation to successfully pass a chamber this session. In order to become law, the bill must also be approved by the Senate and signed by the governor.

Though the legislation isn’t directly tied to Missouri’s 8th District Congressional vacancy and would not change how former U.S. Rep. Jo Ann Emerson is replaced, the special election has motivated lawmakers to move quickly on the bill.

Lt. Gov. Peter Kinder, a Cape Girardeau native with strong roots in southeastern Missouri, is considered a frontrunner among the dozen or so Republicans currently seeking the post in the heavily GOP leaning-district. Kinder’s candidacy could hinge on how he would be replaced in the lieutenant governor’s office.

Lieutenant governor vacancies in the past have been filled through gubernatorial appointment, but the bill’s sponsor, Rep. Jason Smith, said the law was unclear.

“It needs to be addressed,” said House Speaker Tim Jones, R-Eureka.

Smith, a Republican from Salem also eyeing the 8th District seat, said he sponsored the bill for “legal reasons, not political reasons” – even if that means it could hurt his chances of securing the nomination, while giving Kinder a boost.

Emerson, who was elected to a ninth term in November, resigned from Congress on Tuesday to take a private-sector job. She is set to be replaced through a special election on June 4. District committees from each of the political parties will pick candidates to put on the ballot by March. Kinder and other Republican hopefuls have spent the past few weeks wooing the GOP’s 8th District committee members.

Gov. Jay Nixon, a Democrat, has said that — based on precedent — he would be able to appoint a new lieutenant governor if Kinder were to win the seat and leave the lieutenant governor’s office early.

But questions abound because of a statute that says the governor cannot appoint a lieutenant governor. Still, the law doesn’t provide for a special election to fill the office, Smith said.

Smith has tried for several years to clarify the process of filling statewide office vacancies.

Nixon vetoed similar legislation in 2011, citing the costs of holding special elections.

Smith has changed his proposal to allow for a temporary gubernatorial appointment until the office can be filled in an already-scheduled general election — eliminating the additional costs that a special election would bring. But Democrat House members have raised concern over a provision in the bill that would bar anyone appointed to a statewide position temporarily from running in the special election to fill the post.

“We have no office in the state that has those provisions right now,” said Rep. Stacey Newman, D-Richmond Heights.

Smith said the intention was to eliminate the potential for an appointee to have an incumbency advantage.

Smith said that he had worked with the governor’s office to address concerns and that he believed Nixon was on board with the legislation. Republicans have veto-proof majorities in the House and Senate, which means, even if vetoed, the legislation has a chance of survival.

Nixon’s spokesman Scott Holste would not comment on the governor’s position on the pending legislation.

During Tuesday’s floor debate, House members added other elections provisions to the bill, including an amendment that would move the presidential primary in Missouri from February to March. Last year, Missouri’s GOP had a February primary but then held caucuses in March to prevent the loss of half of its 52 delegates to the national convention because of national party rules meant to keep states from holding earlier primaries.

Another amendment added to the elections bill would require that special elections to fill vacancies in the state Legislature be held within six months of the seat’s coming open.

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