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Re: [InstantRunoffMO] clarifying Missouri law

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  • R & F Lee
    Hi all, I am still plodding away at getting an answer to this question. I have had a reply from the Attorney General that there is currently no opinion
    Message 1 of 10 , Aug 2, 2005
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      Hi all,
      I am still plodding away at getting an answer to this question.  I have had a reply from the Attorney General that "there is currently no opinion written on the topic..."  He further states that he can not supply an opinion since his "office may only provide legal opinions when requested by duly elected or appointed officials of the state of Missouri upon questions of law relative to their respective office or the discharge of their duties."
       
      He suggests what we contact a private attorney.  However, I have now written to my state representative, Beth Low, to ask her if she would request an opinion from the Attorney General.  I don't know if she will do it.  If anyone else is willing to contact their state representative to get them to ask the Attorney General to issue an advisory opinion on whether local municipalities have home rule authority in Missouri to use preferential voting systems, that might help.
      Ruth Lee
       
      ----- Original Message -----
      From: R & F Lee
      Sent: Sunday, June 12, 2005 6:39 PM
      Subject: [InstantRunoffMO] clarifying Missouri law

       

      I have now had a reply to the letter I sent to the Secretary of State re:Misouri law on IRV.  The reply is from Leslye Winslow, Deputy Secretary of State for Elections.  Her reply states:
       
      "I am not aware of any advisory opinion with regard to whether local municipalities in Missouri have home rule authority in Missouri to use preferential voting systems such as Instant Runoff Voting.  This office does not have the authority to issue advisory opinions.  However, if you wish to obtain an advisory opinion on the issue, you may consider contacting the Missouri Attorney General's office as he may have the authority to issue such an opinion pursuant to section 27.040 RSMo."
       
      So, I now propose to write a similar letter to the Attorney General's office.
      Ruth Lee
      ----- Original Message -----
      From: R & F Lee
      Sent: Saturday, April 16, 2005 12:30 PM
      Subject: Re: [InstantRunoffMO] clarifying Missouri law

      I am still following up with Representative Beth Low regarding
      Missouri law on local authorities using IRV.  I had a  phone message
      from her office this week that "there is no provision in Missouri for
      any runoff elections in local or state wide elections."  That doesn't
      quite answer the question or whether there is anything in the law
      that prohibits the use of IRV so I will try to follow up with her office again this week.
       
      Additionally, David Cobb was in Kansas City this week for "Tent State
      University" at UMKC which was very successful!  I had a chance to
      talk to him about IRV and he suggested that we write directly to the
      Secretary of State to get clarification of the law.  I have drafted
      the attached letter to send to her using language David suggested
      about an advisory opinion. 
       
      I would appreciate any feedback before I send the letter about the
      wording and about whether there might be value in the letter coming
      from an individual, several individuals or a group.

      Ruth Lee
    • Mark Haim
      Hello Ruth & all, Ruth, thanks so much for keeping plugging on this. If you don t get a positive response from Beth Low (do you know her? is she receptive?)
      Message 2 of 10 , Aug 11, 2005
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        Hello Ruth & all,
         
        Ruth, thanks so much for keeping plugging on this. If you don't get a positive response from Beth Low (do you know her? is she receptive?) please let us know. I can ask my state rep, Judy Baker, but if the base is covered, no point in duplicating effort.
         
        I hope to see you soon, perhaps at the Greens state meeting Saturday.
         
        Peace,
        Mark Haim
         
         
        -----Original Message-----
        From: InstantRunoffMO@yahoogroups.com [mailto:InstantRunoffMO@yahoogroups.com]On Behalf Of R & F Lee
        Sent: Tuesday, August 02, 2005 8:07 PM
        To: InstantRunoffMO@yahoogroups.com
        Subject: Re: [InstantRunoffMO] clarifying Missouri law

        Hi all,
        I am still plodding away at getting an answer to this question.  I have had a reply from the Attorney General that "there is currently no opinion written on the topic..."  He further states that he can not supply an opinion since his "office may only provide legal opinions when requested by duly elected or appointed officials of the state of Missouri upon questions of law relative to their respective office or the discharge of their duties."
         
        He suggests what we contact a private attorney.  However, I have now written to my state representative, Beth Low, to ask her if she would request an opinion from the Attorney General.  I don't know if she will do it.  If anyone else is willing to contact their state representative to get them to ask the Attorney General to issue an advisory opinion on whether local municipalities have home rule authority in Missouri to use preferential voting systems, that might help.
        Ruth Lee
         
        ----- Original Message -----
        From: R & F Lee
        Sent: Sunday, June 12, 2005 6:39 PM
        Subject: [InstantRunoffMO] clarifying Missouri law

         

        I have now had a reply to the letter I sent to the Secretary of State re:Misouri law on IRV.  The reply is from Leslye Winslow, Deputy Secretary of State for Elections.  Her reply states:
         
        "I am not aware of any advisory opinion with regard to whether local municipalities in Missouri have home rule authority in Missouri to use preferential voting systems such as Instant Runoff Voting.  This office does not have the authority to issue advisory opinions.  However, if you wish to obtain an advisory opinion on the issue, you may consider contacting the Missouri Attorney General's office as he may have the authority to issue such an opinion pursuant to section 27.040 RSMo."
         
        So, I now propose to write a similar letter to the Attorney General's office.
        Ruth Lee
        ----- Original Message -----
        From: R & F Lee
        Sent: Saturday, April 16, 2005 12:30 PM
        Subject: Re: [InstantRunoffMO] clarifying Missouri law

        I am still following up with Representative Beth Low regarding
        Missouri law on local authorities using IRV.  I had a  phone message
        from her office this week that "there is no provision in Missouri for
        any runoff elections in local or state wide elections."  That doesn't
        quite answer the question or whether there is anything in the law
        that prohibits the use of IRV so I will try to follow up with her office again this week.
         
        Additionally, David Cobb was in Kansas City this week for "Tent State
        University" at UMKC which was very successful!  I had a chance to
        talk to him about IRV and he suggested that we write directly to the
        Secretary of State to get clarification of the law.  I have drafted
        the attached letter to send to her using language David suggested
        about an advisory opinion. 
         
        I would appreciate any feedback before I send the letter about the
        wording and about whether there might be value in the letter coming
        from an individual, several individuals or a group.

        Ruth Lee
      • Jason Murphy
        Hey Mark-- Jeannette Mott Oxford, a representive here in Missouri, told me she thought Beth Low would sponsor such a bill but she said you can contact her
        Message 3 of 10 , Aug 25, 2005
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          Hey Mark-- Jeannette Mott Oxford, a representive here in Missouri, told me
          she thought Beth Low would sponsor such a bill but she said you can contact
          her about it if you wish. She's at:

          isaiah-58@...

          Of course, you know that not all progressives support election reform.
          Jeannette does so she could come in handy. --bjm


          From: "Mark Haim" <mhaim@...>
          Reply-To: InstantRunoffMO@yahoogroups.com
          To: <InstantRunoffMO@yahoogroups.com>
          Subject: RE: [InstantRunoffMO] clarifying Missouri law
          Date: Thu, 11 Aug 2005 19:54:32 -0500

          Hello Ruth & all,

          Ruth, thanks so much for keeping plugging on this. If you don't get a
          positive response from Beth Low (do you know her? is she receptive?) please
          let us know. I can ask my state rep, Judy Baker, but if the base is covered,
          no point in duplicating effort.

          I hope to see you soon, perhaps at the Greens state meeting Saturday.

          Peace,
          Mark Haim


          -----Original Message-----
          From: InstantRunoffMO@yahoogroups.com
          [mailto:InstantRunoffMO@yahoogroups.com]On Behalf Of R & F Lee
          Sent: Tuesday, August 02, 2005 8:07 PM
          To: InstantRunoffMO@yahoogroups.com
          Subject: Re: [InstantRunoffMO] clarifying Missouri law


          Hi all,
          I am still plodding away at getting an answer to this question. I have had
          a reply from the Attorney General that "there is currently no opinion
          written on the topic..." He further states that he can not supply an
          opinion since his "office may only provide legal opinions when requested by
          duly elected or appointed officials of the state of Missouri upon questions
          of law relative to their respective office or the discharge of their
          duties."

          He suggests what we contact a private attorney. However, I have now written
          to my state representative, Beth Low, to ask her if she would request an
          opinion from the Attorney General. I don't know if she will do it. If
          anyone else is willing to contact their state representative to get them to
          ask the Attorney General to issue an advisory opinion on whether local
          municipalities have home rule authority in Missouri to use preferential
          voting systems, that might help.
          Ruth Lee

          ----- Original Message -----
          From: R & F Lee
          To: InstantRunoffMO@yahoogroups.com
          Sent: Sunday, June 12, 2005 6:39 PM
          Subject: [InstantRunoffMO] clarifying Missouri law





          I have now had a reply to the letter I sent to the Secretary of State
          re:Misouri law on IRV. The reply is from Leslye Winslow, Deputy Secretary
          of State for Elections. Her reply states:

          "I am not aware of any advisory opinion with regard to whether local
          municipalities in Missouri have home rule authority in Missouri to use
          preferential voting systems such as Instant Runoff Voting. This office does
          not have the authority to issue advisory opinions. However, if you wish to
          obtain an advisory opinion on the issue, you may consider contacting the
          Missouri Attorney General's office as he may have the authority to issue
          such an opinion pursuant to section 27.040 RSMo."

          So, I now propose to write a similar letter to the Attorney General's
          office.
          Ruth Lee
          ----- Original Message -----
          From: R & F Lee
          To: InstantRunoffMO@yahoogroups.com
          Sent: Saturday, April 16, 2005 12:30 PM
          Subject: Re: [InstantRunoffMO] clarifying Missouri law


          I am still following up with Representative Beth Low regarding
          Missouri law on local authorities using IRV. I had a phone message
          from her office this week that "there is no provision in Missouri for
          any runoff elections in local or state wide elections." That doesn't
          quite answer the question or whether there is anything in the law
          that prohibits the use of IRV so I will try to follow up with her
          office again this week.

          Additionally, David Cobb was in Kansas City this week for "Tent State
          University" at UMKC which was very successful! I had a chance to
          talk to him about IRV and he suggested that we write directly to the
          Secretary of State to get clarification of the law. I have drafted
          the attached letter to send to her using language David suggested
          about an advisory opinion.

          I would appreciate any feedback before I send the letter about the
          wording and about whether there might be value in the letter coming
          from an individual, several individuals or a group.

          Ruth Lee


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        • R & F Lee
          Hi All, I wrote to my State Representative Beth Low several weeks ago asking her to request an advisory opinion on local authority use of IRV in Missouri. I
          Message 4 of 10 , Aug 25, 2005
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            Hi All,
            I wrote to my State Representative Beth Low several weeks ago asking her to request an advisory opinion on local authority use of IRV in Missouri.  I have now followed up with her and she said that she "will need to discuss the request with party leadership."  Apparently there is a meeting on September 6-8.  I don't think she will pursue this independently, and I have no idea how the party leadership will respond. 
             
            So I am now writing to suggest that others might wish to pursue this matter in a similar manner with their own state representative.  Three of you have already indicated some willingness to do this (thank you Mark, Jason and Eric).
             
            Attached is a generic form of the letter I sent to Beth Low.  You can just fill in the bold and bracketed parts and send it, or redraft it as you see fit.  The important part that shouldn't be changed are the three questions for the Attorney General.
             
            Maybe if a number of representatives have received this request before their September 6-8 meeting, it will have more of an impact.  Although it's hard to know what that impact might be, whether it will scare them off or prompt them to do something.
             
            Please let us all know if you do send the letter and if you get any response.
            Ruth Lee
          • R & F Lee
            I originally sent this a week ago but it doesn t appear to have gone out so I am resending. Ruth ... From: R & F Lee To: InstantRunoffMO@yahoogroups.com Sent:
            Message 5 of 10 , Sep 1, 2005
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              I originally sent this a week ago but it doesn't appear to have gone out so I am resending.
              Ruth
              ----- Original Message -----
              From: R & F Lee
              Sent: Thursday, August 25, 2005 8:10 PM
              Subject: Re: [InstantRunoffMO] clarifying Missouri law

              Hi All,
              I wrote to my State Representative Beth Low several weeks ago asking her to request an advisory opinion on local authority use of IRV in Missouri.  I have now followed up with her and she said that she "will need to discuss the request with party leadership."  Apparently there is a meeting on September 6-8.  I don't think she will pursue this independently, and I have no idea how the party leadership will respond. 
               
              So I am now writing to suggest that others might wish to pursue this matter in a similar manner with their own state representative.  Three of you have already indicated some willingness to do this (thank you Mark, Jason and Eric).
               
              Attached is a generic form of the letter I sent to Beth Low.  You can just fill in the bold and bracketed parts and send it, or redraft it as you see fit.  The important part that shouldn't be changed are the three questions for the Attorney General.
               
              Maybe if a number of representatives have received this request before their September 6-8 meeting, it will have more of an impact.  Although it's hard to know what that impact might be, whether it will scare them off or prompt them to do something.
               
              Please let us all know if you do send the letter and if you get any response.
              Ruth Lee
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