Missouri Representative Jason Smith District 150 Republican Salem
JEFFERSON CITY • A Missouri House committee today approved legislation that would clarify how some elected officials would be replaced if they leave office early.
The House Elections Committee voted 11-1 in favor of the bill, which states that openings in statewide offices (except for governor) should be filled through a special election.
House Speaker Pro Tem Jason Smith, the bill's sponsor, said he expects it to come up on the chamber floor next week — making it among the fastest-moving pieces of legislation a week into the 2013 session.
The bill isn't exactly tied to the upcoming 8th district congressional seat opening, but the special election could be an impetus for its speed.
If passed, it would answer one of the key questions for GOP leaders who are trying to pick a candidate to put up as a successor for outgoing U.S. Rep. Jo Ann Emerson.
Lt. Gov. Peter Kinder, a Cape Girardeau native with strong roots in southeast Missouri, is considered a frontrunner among the dozen or so Republicans currently seeking the post in the heavily GOP leaning-district. That has left some wondering what would happen if he leaves the lieutenant governor's office early.
Would Democratic Gov. Jay Nixon get to appoint someone to the post? Would it be decided through special election? Would the seat remain open?
State leaders seem to disagree.
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.
Nixon has said that – based on precedent – he currently holds the power to appoint a new lieutenant governor if Kinder were to vacate office early.
But questions abound because of a contradictory statute that says the governor cannot appoint a lieutenant governor. The law doesn't provide for a special election, and the state Constitution requires that there be a lieutenant governor.
In its current version, House Bill 110 would allow the governor to appoint a temporary officeholder until a permanent one could be selected in the next general election.
Smith has tried for several years to clarify the process of selecting a successor. He originally started looking at the replacement process for state officials following the Illinois corruption scandal in 2009. That’s when he noticed the apparent ambiguities.
“I hope this is the year we can get it on the governor’s desk and signed into law,” Smith said.
But Rep. Stacey Newman, a Richmond Heights Democrat who was the lone vote against the proposal in committee, said she’s concerned that the bill is being rushed because of the 8th District opening.
“I think, if that wasn’t part of the discussion, we wouldn’t be pushing it so fast,” she said.
Newman said the bill would bar someone appointed to serve on an interim basis from seeking the open post permanently. She doubts that the provision would have been included if Missouri’s governor were a Republican – the Legislature’s majority party.
Smith said he thinks the provision is needed because, without it, an appointee could have an unfair advantage.
This is the fifth year he has filed the bill. It has made it to the governor’s desk once before, where it was vetoed.
Smith said he has worked with the governor's office on the latest version to address concerns. He said the Senate also has been receptive to the bill.
“They seem like they’re willing to push it forward,” Smith said.
Previously, the bill would have required a special election not tied to a general election, which likely would have led to additional costs for the state. Nixon cited those costs when he vetoed the measure in 2011.
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