Voters to decide on tax, other ballot issues

Nevada Daily Mail

Vernon Countians will go to the polls today to cast their votes for a wide array of candidates and ballot issues.

Two local issues -- one county-wide and one for Schell City voters -- appear on the ballot.

Voters throughout the county will be asked whether to approve a 1 percent use tax on items purchased outside Missouri for use in Missouri.

Voters in Schell City are being asked whether to purchase water from Consolidated Public Water Supply District No. 1. City attorney Bill McCaffree said that because Schell City is classified as a fourth class city, a public vote is required on the matter. Noting that the city's water treatment plant is in need of expensive repairs to meet Missouri Department of Natural Resources regulations for drinking water, McCaffree said getting the water supply via the rural water district is proposed and is the least expensive way to meet the DNR's regulations.

Four statewide issues also appear on the ballot.

Constitutional Amendment 3 would change the way supreme court and court of appeals judges are selected to a process that gives the governor increased authority to appoint a majority of the commission that selects the nominees. "This measure also allows the governor to appoint all lawyers to the commission by removing the requirement that the governor's appointees be nonlawyers," fair ballot language says.

Nevada attorney Bill McCaffree, former president of the Missouri Trial Lawyers Association, said he would regret such changes because the state's method of picking judges for the Supreme Court and the Eastern, Western and Southern Courts of Appeals at St. Louis, Kansas City and Springfield is nationally admired.

"The governor can't appoint someone who gives a huge donation to a political campaign," McCaffree said, noting that the chief justice of the Supreme Court would be removed from the judicial commission for a gubernatorial appointee.

"It would be a horrible mistake because we have a history of excellent judges, highly qualified people considered because of their eminent positions of respect.

"I hate to see things like this come up again and again. You wonder what people can be thinking to take the cleanest system in the country and throw it into politics. If it's not broke, don't fix it."

Under the current system, the commission interviews the attorneys and lower level judges who apply when an appellate vacancy occurs, then forwards its top three candidates to the governor, who chooses among them.

Better Courts for Missouri supports Amendment 3, saying it will "allow the people to exercise more accountability through our elected governor."

The full text of Amendment 3, as well of that of Proposition A, Proposition B and Proposition E can be viewed on the Secretary of State's Web site at http://www.sos.

mo.gov/elections/2012ballot/.

Proposition A transfers state control of the city of St. Louis police department back to the city, establishes some of the administrative requirements that must be followed by such a police department, and has a provision protecting whistle-blowers from retaliation.

State Rep. Barney Fisher, leaving office this year, said it may not seem of local importance, but It's important to Missourians because "we own it." Under what Fisher described as a "sort of a gentleman's agreement," the city of St. Louis funds the department; it's Fisher's concern that the courts could one day insist the department's funding come from the state.

Proposition B would create the Health and Education Trust Fund with money from a tax of $0.0365 per cigarette and 25 percent of the manufacturer's invoice price for roll-your-own tobacco and 15 percent for other tobacco products. The funds would be ear-marked for educational campaigns to discourage tobacco use, and to fund public education, as well as raising the amount tobacco companies must set aside to pay settlements.

Proponents of the plan say education needs the funding; opponents say it's not fair and would place an unfair burden on low-income families.

Proposition E would "amend Missouri law to prohibit the governor or any state agency, from establishing or operating state-based health insurance exchanges unless authorized by a vote of the people or by the legislature," the fair ballot language states.