Rep. Travis Smith Capitol Report for Sept. 24, 2021

General Assembly Convenes for Annual Veto Session

I have been getting a lot of emails, calls and visits regarding Biden’s vaccine mandates and election integrity. We met last week in Jefferson City and this is what we came up with to address those concerns.

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Republican House Leaders Call on President Biden to Provide Legal Justification for Proposed Vaccine Mandate

House Speaker Rob Vescovo, Speaker Pro Tem John Wiemann, and Majority Floor Leader Dean Plocher this week submitted a letter to President Joe Biden calling on the nation’s leader to provide his legal justification for a proposed vaccine mandate for private businesses. The letter, which was written by Vescovo and signed by Wiemann, Plocher, and the House Republican Caucus, refers to the president’s directive as “an egregious overreach of federal authority” and as “blatantly unconstitutional.”

The three House leaders said their goal with the letter is to give a voice to the many Missourians who are outraged by the president’s directive to enact an emergency temporary standard based on OSHA’s regulatory authority requiring private businesses with more than 100 workers to make COVID-19 vaccination a condition of employment. They noted that as elected officials it is their duty to protect the constitutional rights of the citizens of Missouri.

“It’s clear there is no legal precedent or constitutional authority granted to the president that allows him to trample on the constitutional rights of Americans. This proposed vaccine mandate is a clear overreach of federal authority and something we will fight wholeheartedly to defend the freedoms of our citizens,” said Vescovo, Wiemann, and Plocher.

The letter notes the U.S. Constitution limits the power of the federal government and protects the authority of states to enact laws to provide for the public health. It also cites case law and legal precedent to support his position that the U.S. Supreme Court has never allowed the federal government to usurp the powers of the states when it comes to public health.

The letter states, “No existing federal law imposes vaccination requirements on the general population, and for good reason.  The authority to do so is nonexistent. Even Congress lacks the authority to enact a policy like the president intends to impose.”

With the letter, the three House leaders call on President Biden to provide sufficient legal basis for the “proposed directive that appears to trample on the constitutional rights of American citizens.”

The letter states, “Should you not be able to provide sufficient legal justification, which ostensibly does not exist, we demand that you immediately rescind your directive to OSHA regarding a vaccination mandate on private businesses.”

Lawmakers Consider Voter Integrity Safeguards

As the House Elections and Elected Officials Committee met this week to discuss possible changes to the state’s elections process, Secretary of State Jay Ashcroft made clear his plans to support legislation that would keep voting secure and accurate in upcoming elections.

This week Ashcroft released the findings of a voter fraud investigation involving two voters in St. Charles County. He said his goal is to be proactive rather than reactive as the state works to protect the integrity of the elections process while also ensuring no voter is turned away from the ballot box.

Ashcroft said, “I want to make my position clear to anyone who thinks that the number of fraud cases should determine whether legislative change is necessary. One case or one thousand cases – our response is going to be the same. We will push for legislation to make sure voter fraud doesn’t exist, and the voting rules applicable to one voter apply to all voters. It’s that simple.” 

 

Ashcroft said he plans to work with the legislature to enact safeguards that would include:

  • Photo ID requirements for in-person voting coupled with strong ID requirements for absentee voting.
  • Using hand-marked paper ballots rather than electronic voting machines.
  • Enacting legislation, with the necessary funding included, that would allow the secretary of state to audit election results.
  • Procedures to limit the handling of cast ballots by election authorities and eliminate the curing of absentee ballots.
  • Requirements for election authorities to maintain accurate, up-to-date voter rolls and withhold funding if necessary for noncompliance and allow the secretary of state’s office to audit the list of registered voters for accuracy and accountability.
  • Physical cybersecurity testing at the local level by the secretary of state’s office or authorized party that includes penetration testing of vendor machines, programs and systems.
  • Election equipment that is not capable of internet connectivity to avoid the possibility of electronic manipulation.
  • Disallowing election law or rule changes less than 26 weeks prior to a presidential election.
  • Elimination of third-party compensation for those who solicit voter registrations.

Ashcroft said, “In-person voting with a photo ID makes it difficult to manipulate the system and easier to identify fraud.  As well, hand-marked paper ballots and using equipment that is not capable of being connected to the internet makes voting less susceptible to suspicion and therefore, may increase voter confidence and turnout.”

He added, “Having a set of defined parameters for running good elections makes it clear to voters after the election that the system worked and therefore they can have confidence in the results. You can have both – secure elections and voter participation.”

Please know I am doing my best to address these concerns and any others you might have. Always feel free to call our office at 573-751-2042 or send emails to Travis.Smith@house.mo.gov. I look forward to hearing from you.

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