Kansas City Democrat: New budget proposal provides no oversight on Parson's spending of CARES Act funds

(From Rep. Ingrid Burnett, D-Kansas City)

As the COVID-19 pandemic continues to run its course, and the State and local municipalities are abiding by shelter in place orders, the MO Legislature has been called back to complete the 2020 Session of the 100th General Assembly.

Early last week, we received notice from Floor Leader Vescovo’s Office that the session will convene on April 27, at 12:00 noon and we should plan for morning, afternoon and evening meetings Monday - Friday through May 15, when we are constitutionally required to adjourn sine die at 6:00 p.m.

The stated objective is to complete the 2021 budget that is due to the Governor by May 8, per the constitution. 

Beyond that, there is broad speculation about what will be brought up. What I know for certain is that the budget is the main event for Monday, 4/27 when it will be taken up for perfection. 

By next week it will head to the Senate, and depending on what happens there, Conference committees will likely convene and then a final vote in both chambers. 

I have spent the last two days combing over the budget for Elementary and Secondary Education, and my biggest concern is the lack of oversight afforded to the Governor when it comes to the CARES Act and Federal Stimulus Fund appropriations. 

Essentially, $2.38 billion is added with no guidelines or descriptions other than “for distributions.” 

Meanwhile, the budget for school transportation which is already underfunded took another $17M hit along with other programs that go directly to student educational services. 

Obviously, with the current conditions, we expect our revenue from taxes to drop significantly, and until there is more clarity about when schools will open again, it is difficult to determine what the operating expenses will be. It seems rather folly and ripe for mismanagement to have such loose parameters. 

Furthermore, it is not clear who will be providing oversight. All of these decisions were made outside of the Budget Committee process. 

If you receive Representative Deb Lavender’s emails, you know that she learned from a lobbyist that Governor Parson secretly appointed an oversight committee made up entirely of Republican men and no minority representation. 

After she started asking questions and an editorial was published by the Post-Dispatch on April 21, Governor Parson appointed Budget Committee Ranking Member Representative Kip Kendrick (Columbia D), and Senator Karla May (St. Louis - D). This is just not the way to instill confidence in your leadership.

ABSENTEE VOTING OPINION FROM LEGAL SCHOLARS

Recently, former Missouri Supreme Court Judge Michael Wolff submitted a legal memo concluding that existing Missouri law allows anyone to vote by absentee ballot due to the current pandemic. It was signed by about 80 other members of the Missouri Bar, including several former judges. 

Following is his conclusion:

When a voter applies for an absentee ballot and votes absentee for the reason that he or she is confined due to illness, there is currently no circumstance where the voter’s assertion can be considered false. 

Even in the very rare circumstance that a voter has been tested and the voter knows he or she has antibodies to the infection, the voter will not know the duration of the protection afforded. 

Under the statutes, the voter is required to give a reason the voter wishes to cast an absentee ballot. The law places no greater burden on the voter than to check off the reason for requesting an absentee ballot and for voting with that ballot. The voter is not required to explain the reason.

The bottom line is the same legally as that supported by expert medical opinion: The government should not ask or require voters “to jeopardize their health or their lives in order to exercise their fundamental right to vote.” If a voter determines that the prospect of contagion puts the voter at risk of illness, “ the decision to apply for a mailed-in absentee ballot is a valid ‘confinement due to illness.’”

It is not clear, however, who is in charge. The governor has said that this decision should be made by Secretary of State Ascroft, who has said it is up to the County Clerks. 

As it stands now, some county clerks will allow risk of exposure to be an adequate condition for confinement, and others will not. 

Your election board is a good place to get up-to-date information about your voting status and current election information. It is also the place where you would request an absentee ballot.