Missourians approve Prop C, the Health Care Freedom Act

by Jessica Machetta on August 3, 2010

in Uncategorized

Proposition C, also known as the Health Care Freedom Act, has been approved by Missouri voters.

Prop C was placed on the ballot as a referendum after being passed by the Missouri Legislature and authorizes Missourians to opt out of the federal healthcare plan passed by Congress earlier this year.

With 2,681 of 3,354 precincts reporting, 72.7 percent of Missouri voters approved the measure.

“Tonight is a historic night,” said Lt. Governor Peter Kinder. “Missourians have the distinction of being the first Americans to go to the ballot box and reject the reckless federal health care takeover. From Massachusetts to Virginia to Missouri, voters are rejecting the extreme liberal agenda being forced upon our nation by an out-of-control federal government.”

Kinder has filed a lawsuit against the federal government on behalf of Missouri, claiming the federal healthcare plan is unconstitutional.

Clearly the measure is split down party lines.

Kinder is the only Republican to hold statewide office. Democrats Gov. Nixon and Attorney General Chris Koster did not support the move.

Sen. Jane Cunningham, a Republican, fostered the bill through the Missouri Senate.

“Missourians have sent Washington a clear message: stay out of our health care decisions,” she said. “For more than a year, Americans have taken to the streets to protest the federal government’s irresponsible agenda. Washington liberals didn’t listen when they rammed through Congress their reckless health care bill — but they can’t help but hear us now.”

Cunningham noted that Prop C does present a conflict with federal law and the case will likey come down to a decision by the Supreme Court.

She also noted that Prop C does not prevent Missourians from participating in the federal healthcare system, it simply gives them a choice.

Four other states will vote on a similar measure in upcoming primaries.

via Missourians approve Prop C, the Health Care Freedom Act.

We want to thank all those amazing organizations who have helped Missouri break free from the shackles of the federal government on this issue.  We realize that with the passage of this issue, the fight is not truly over.  However, today we won a major battle and have told the federal government to back off.

Missouri to Vote on Health Law
By KEVIN SACK
Published: July 31, 2010

ST. CHARLES, Mo. — For all its symbolic import, the first plebiscite on the Obama health care law, to be held Tuesday in Missouri, seems likely to be a low-turnout affair among an electorate dominated by Republican primary voters and conservative activists.

State Senators Jim Lembke and Jane Cunningham watching a commercial for Proposition C at a fund-raiser last week.

Missouri is the first of at least three states with ballot measures this year aimed at nullifying the federal health care law by invalidating its keystone provision, the requirement that most people obtain insurance or pay a tax penalty. A recent statewide poll in Missouri found that not even likely Democratic voters could muster a majority against the proposition.

The referendum on the measure, known as Proposition C, is seen as an organizational test for the Tea Party and like-minded conservatives in a swing state that President Obama lost narrowly in 2008 and that has since moved measurably away from him.

But the campaign has been a low-key affair, with no television advertising, debates or celebrity Facebook endorsements. Leading Democrats, from Mr. Obama to Gov. Jay Nixon, have kept their distance, seeing little to be gained by contesting what strategists dismiss as a Republican straw poll with a foregone conclusion.

The most competitive elections in Tuesday’s primary are on the Republican side, meaning turnout should be higher among those with natural sympathies for Proposition C. There are 291 Republicans competing for state and federal office, compared with 208 Democrats.

The Missouri secretary of state, Robin Carnahan, who is herself expected to coast to the Democratic nomination for United States Senate, predicted that only 24 percent of voters would turn out.

Of 20 Missourians interviewed at random in St. Louis last week, only five knew that there was a primary on Tuesday, much less a referendum on the health care law.

“Really, there is?” said Jeff R. Swaney, 53, a lawyer from Chesterfield, a St. Louis suburb. “I wasn’t even aware it was on the ballot. I haven’t seen any commercials.”

Supporters of Proposition C are hoping for a substantial victory that will convey a message of discontent with expansive federal government and rally other states and candidates to press the issue through the fall campaign.

“This is a throw-down by the states, saying, ‘Not in our state, you don’t,’ ” State Senator Jim Lembke, a Republican, said at a rally for the proposition here on Wednesday. “This health care thing is just a vehicle, a vehicle for the debate about what is the role of the federal government and what is the role of the states.”

No grass-roots organization has formed to oppose the measure, and the unions and consumer groups that lobbied for the federal health care law have steered clear. Mr. Obama did not take time to denounce Proposition C when he visited Missouri in early June.

“The proposition will have no legal standing, so I don’t know why there’d be a reason to focus on it,” said Brian B. Zuzenak, executive director of the Missouri Democratic Party. “From the beginning, we’ve said it’s meaningless and unconstitutional. At best, it’s a ploy by the Republicans to get their base excited.”

Comparable measures have already been enacted by legislatures in five states — Arizona, Georgia, Idaho, Louisiana and Virginia — according to the American Legislative Exchange Council, a conservative group that is pushing the initiatives. Arizona and Oklahoma are scheduled to vote in the November general election on state constitutional amendments to nullify the insurance requirement. A judge in Florida tossed a similar constitutional amendment off that state’s ballot last week, sayings its language was too overtly political.

The nullification laws are expected to have little immediate practical impact, because the insurance requirement does not take effect until 2014. And by then, the federal courts are likely to have had much to say about whether the new health care law is constitutional, and thus beyond the reach of state efforts to invalidate it.

Elected officials in 22 states, almost all Republicans, have filed lawsuits challenging the so-called individual insurance mandate. Among them, Virginia has made a direct claim that the federal law conflicts with its own 2010 statute, which asserts that residents of the commonwealth cannot be compelled to obtain health insurance.

The most recent lawsuit was filed individually by Missouri’s lieutenant governor, Peter D. Kinder, a Republican who acted without the support of Governor Nixon.

In the Missouri referendum, voters will be asked whether state law — not the State Constitution — should be amended to “deny the government authority to penalize citizens for refusing to purchase private insurance or infringe upon the right to offer or accept direct payment for lawful health care services.”

In May, Republican legislators, who control both houses, cut a deal with Democrats to put the question on the ballot. The Democrats agreed not to filibuster if the referendum was held during the August primary rather than the November general election, said State Senator Jane Cunningham, a Republican who sponsored the bill. With an open seat for the Senate on the line, the Democrats did not want to encourage heavy turnout among conservatives in November.

The legislation passed each chamber comfortably, winning a number of Democratic votes. By addressing the issue as a statutory ballot measure, the lawmakers managed to bypass Mr. Nixon, whose signature would otherwise be needed.

A spokesman for Mr. Nixon declined to reveal how the governor would vote on the referendum. The governor acknowledges that the health care law is not popular in his state, but has said he will work to maximize its benefits for Missouri. “This isn’t about protest,” he said recently. “It’s about progress.”

Support for the proposition is being rallied by Missourians for Health Care Freedom, which formed as an outgrowth of the legislative debate. The group raised $75,000 as of July 24, enough for radio advertising, yard signs and get-out-the-vote telephone banks, but not enough for television commercials.

“Do you think Washington knows what’s best for you and your family?” asks the group’s radio ad, which is playing on Christian and conservative talk stations.

The referendum is supported by the Missouri State Medical Association. The only organized opposition — beyond a Facebook page — has been mounted by the Missouri Hospital Association, which has spent more than $400,000 to send mailings to hundreds of thousands of homes, according to financial disclosure reports. The brochures warn that approval of Proposition C could burden hospitals, and their insured patients, with the cost of uncompensated care for people without health coverage.

“There’s an argument that a vote for Proposition C is a vote in support of freeloaders,” said David M. Dillon, a spokesman for the hospital association.

Mr. Dillon said there was no corresponding get-out-the-vote operation.

“I don’t even have someone I can direct people to,” he said. “There really isn’t an organized opposition. Frankly, we don’t want it perceived that we’re opposing it. But we certainly want people to understand that their choice has some implications.”
A version of this article appeared in print on August 1, 2010, on page A14 of the New York edition.

There is an election next Tuesday, August 3rd.  On that ballot you will find Proposition C, the Health Care Freedom Act which was passed in the last legislative session by a bipartisan, super majority vote of the House and Senate.

Proposition C provides Missourians a voice in the future of their own health care.

A “Yes” vote on Proposition C preserves your present right to keep your own health insurance plan or choose any other private plan or no plan without being penalized for that choice.  It also allows Missourians to select the federal government designed and approved insurance plan.

A “No” vote on Proposition C would limit Missourians to only a government designed and approved plan.

The ballot language reads:

Shall the Missouri Statutes be amended to:

*”Deny the government authority to penalize citizens for refusing to purchase private health insurance or infringe upon the right to offer or accept direct payment for lawful healthcare services.

*Modify laws regarding the liquidation of certain domestic insurance companies?”

The entire language of the two page bill may be found at the following link: http://www.house.mo.gov/billtracking/bills101/biltxt/truly/HB1764T.HTM.  It simply states that government may not, “penalize citizens for refusing to purchase private health insurance or infringe upon the right to offer or accept direct payment for lawful healthcare services.”  It does not require that the state opt out of any federal program or bar Missourians from participating in any plan of their choice including the federally designed plan.

If Proposition C passes on August 3rd, it will become a Missouri statute.

Missourians will be the first Americans in the nation to have a vote on this issue.  It is a very important election.  Many people around the country will be watching for the Show-Me State election results.

For even more information, check out this website:  http://www.mohealthfreedom.org/

The Liberty Restoration Project held a counter protest/rally in SUPPORT of Prop C yesterday on the Plaza in Kansas City.  There was a rally AGAINST Prop C at the same time, same place as well.  We had well over 30 people come out in support of Prop C, handed out fliers educating the public on the issue, and urging voters to vote YES on Tuesday, August 3.  We had a great amount of positive feedback from passersby.  Many honked their horns and gave us the thumbs up!!  Below are photos and a video from yesterdays rally:

Yes On Prop C: What You Won't Read In the Kansas City Star

July 28, 2010 10:40 PM

By Jane Cunningham

(The following is a rejected submission to the Kansas City Star)

I encourage your readers to vote yes on Proposition C, The Health Care Freedom Act, on August 3. It is a critical election since Missourians will be the first Americans in the nation to have a vote on Obamacare. Many around the country will be watching the election results from the Show-Me State.

In response to your July 23 editorial on Proposition C, my first reaction as the sponsor of the bill was, had you bothered to check with its sponsors you would have saved yourself the embarrassment of bold face inaccuracies.

The language of the measure simply states that the government may not “penalize citizens for refusing to purchase private health insurance or infringe upon the right to offer or accept direct payment for lawful healthcare services.” It does not require the state to opt out of any federal program or bar Missourians from participating in any plan of their choice including any federally designed and approved plan. It would only keep them from being penalized, including criminally, for exercising their choices regarding healthcare.

The Health Care Freedom Act passed the Missouri Legislature with an overwhelming, bipartisan, supermajority vote of the House and the Senate with 68% of elected Representatives and Senators supporting the measure. Legislators in 42 States, or 84% of the states in the union, introduced similar measures in a push back of historic proportions against the intrusive overreach of the federal government in the area of health care.

If the Health Care Freedom Act is ratified by a majority of the voters on August 3, it will become a statute that will authorize Missouri’s Attorney General to defend Missourians against the mandates and penalties of Obamacare. Unlike you, that is hardly what I would call “futile.”

Eventually, the Missouri law, joined with similar laws and constitutional amendments from other states, will work its way to the US Supreme Court for a decision that has never been made in the history of America – is the Commerce Clause of the US Constitution so broad that the federal government can force individuals and employers to purchase a product — any product — with their own money against their will. Many constitutional attorneys and scholars believe that it is not. If the Kansas City Star believes that is a “futile” question to have addressed, perhaps you need to review the historical account of the Boston Tea Party with the resulting revolution and sacrifice that was made to protect similar rights.

With regard to your prediction that premiums would be reduced under the federal law, we need look no further than Massachusetts where a similar program to the federal mandate law has been tried. The results: premiums rose 40% and uninsured visits to the emergency rooms remained the same or rose slightly.

You stated that Proposition C was “instigated by an advocacy group amply funded by health insurers and drug companies.” This is just flat untrue! Had you done your homework by checking the Missouri Ethics Commission financial reports where all donations are required to be disclosed, you would have seen that no donations to the campaign committee, Missourians for Health Care Freedom, came from insurance or drug companies. I will accept your public apology for this misrepresentation of our effort on behalf of hundreds of citizens who flooded the Capitol urging relief from the federal takeover. This is the people’s bill and the people’s campaign from the bottom up.

Contrary to your statement about the ballots, Proposition C cost nothing to add to an already available ballot. Had you bothered to check the publicly available fiscal note on the bill from the Capitol Fiscal Oversight Office, you would have seen that a nonpartisan review showed a fiscal note of zero. Fiscal notes are required of all legislation that is considered in the House or Senate.

How you conclude that this will increase legal costs I don’t know since the Attorney General’s office is responsible for defending Missouri Statutes. That budget item remains the same no matter how many or how few state cases the office tries.

And, by the way, there is precedent for state laws to trump federal law contrary to your assertion.

I hope you will check your facts first for future recommendations, but perhaps there was never an intention for facts to interfere with your viewpoint.

It really boils down to whether you want government to make your health care choices or you want to make them yourself. If you want to make them yourself, you should vote yes on Proposition C.

via Yes On Prop C: What You Won’t Read In the Kansas City Star.

The Kansas City Council faced a frustrating dilemma Thursday — start redrawing council districts and make a lot of people mad, or delay the process and violate the city charter.

Council members and more than a dozen community leaders debated the contentious issue of redistricting, which the city charter indicates should occur before the next city general election in March 2011.

The charter says the city council must draw new district lines when a third consecutive general election would be conducted with the same districts, and those districts have already been used for the 2003 and 2007 elections.

But most city council members and many of the community representatives weren’t happy about that, saying this is the worst possible time to try to redraw the lines — just as a new election season is heating up.

“It’s not good government for us to sit here and draw these lines with everyone’s re-election looming,” Councilwoman Cathy Jolly said.

Critics of redistricting at this time said they don’t have enough reliable racial and ethnic demographic data to redraw the council districts in a way that will give all residents fair representation to make sure they’re not disenfranchising minority voting blocs. They also complained that the city will just have to redo the whole thing when formal 2010 census data become available, probably in April 2011.

But Councilman Ed Ford said the council needs to follow the charter and confront the issue.

“It makes more sense to bite the bullet and do this now,” Ford said. “What other sections of the charter do you want to ignore that you find inconvenient?”

Several Northland community leaders noted that the population has grown most dramatically north of the river in the past decade. It’s time, they said, to shrink those districts geographically, while increasing the size of other districts, to make sure the voting representation is fair and to make sure that the money that the city distributes between the six districts is split equitably.

The council late Thursday directed the city manager and city attorney to develop alternatives for redistricting, including the possibility of an advisory committee, and to report back by next Thursday.

via KC redistricting becomes contentious issue with council members, community leaders – KansasCity.com.

Next Saturday at the Liberty Restoration Project’s two year birthday bash, I will be stepping down as the executive director of the organization.  We will be holding an election so the grassroots may select my successor in the same fashion I was selected to serve, this person will serve a two year term as well.  I will remain intimately involved with the organization in an advisory capacity, as a spokes person, and most importantly, I will continue to focus on one of our most recent projects, http://OperationDefuse.com.  By stepping down as the executive director I hope to give another willing person the opportunity to pick up the balls I have dropped, expand the programs I helped start, and bring new energy and new direction to the organization.

Helping found and run this organization has taught me to deal with the most difficult of adversity, to multi-task like an insane person only could, and has provided me with the opportunity to meet some amazing people as I travel across this beautiful country representing the values and ideals of LRP.  It has been the most rewarding experience of my life, but I am going to be honest, the level of sacrifice has left me exhausted.

For the time being it looks like I will be staying in Austin, Texas where multiple opportunities have made themselves available to me.  I am working on a local school board election (http://glenmayes.com/) and in a few short months the Rise Up Radio Show will be back on air on a local AM network here in Austin.  I also plan to finish my Masters of Public Administration degree, which requires one final semester of dedicated course-work (this is an example of something I have completely neglected since the formation of LRP).  I am in the process of writing two books, one on the use of internet media to grow a business and the second on a little tactic I call “guerrilla activism”. Through the Operation Defuse team, I will be working closely with some major movers and shakers on the formation of a grassroots fusion center – potentially named the Liberty Information Logistics and Analysis Center (LILAC).

Its hard to believe LRP has been around two entire years…. And, boy, have we grown up fast!  In two years members and supporters have put tens of thousands of fliers, Constitutions and DVDs in the hands of Missourians and interested folks across the country.  We have testified in the halls of the Missouri legislature, banner dropped the highways of Kansas City, rallied with our neighbors, knocked on doors, attended city council meetings, organized festivals, and most importantly we have built a community of loving, intelligent, and fun people and we are happy to consider family.  Not all of our dreams have yet been brought to fruition, but we are definitely on the way.

Please join us as we celebrate the growth of liberty and the transition of organizational leadership this Saturday after the 3rd annual LRP End the Fed rally (you may vote on the new leadership if you have donated financially to LRP in the past two years or if you have volunteered with our organization at a minimum of two events.
End The Fed/Central Banking System Rally
Saturday, April 24, 2010
3pm – 5pm
Outside the Federal Reserve Bank in Kansas City – Corner of Main and Grand Street
Liberty Restoration Project’s 2nd Anniversary/Birthday Bash
Saturday, April 24, 2010
5pm-9pm
The Gusto
3810 Broadway Street, Kansas City, MO
I hope you all know how much I love you and thank you for all of the amazing support you have given to our organization and to me as an individual over the years.  I will still have my LRP email address and phone number, and will still be an “official” member and representative of LRP, I just have to shift my focus so that I may stay sane moving forward

So much love,
Catherine
Catherine Bleish
Executive Director
Liberty Restoration Project (more…)

Today is the COMBAT Sales Tax Renewal vote for many Kansas City Area residents.

The politicians and police departments have come out in force to support this tax renewal, along with the organizations that receive funding from COMBAT.

Just a few reminders concerning reasons to mark “NO” on this vote:

The results of County Executive Sanders’ audit has not yet arrived at the “recommendations” phase. (They are asking tax payers to approve sales taxes to fund an organization still recovering from corruption, with no proposals on what changes are being considered)

COMBAT operations expose that the drug war is an endless money hole that never ends – http://www.kansascity.com/273/story/1524617.html

Some COMBAT money goes to fund private developers through the TIF program – http://primebuzz.kcstar.com/?q=node/20403

COMBAT adds to the blight caused by vacant homes – http://www.nbcactionnews.com/news/local/story/Couple-Arrested-After-Rescuing-Drug-House/-d-ohIoPZUC3l8×2Xfo4qA.cspx?rss=764

–

Left leaning blogger Tony’s KC has compiled an interesting take on the “NO” vote here:  http://www.tonyskansascity.com/2009/11/combat-tax-d-day.html

The Missouri Record’s writeup on their reasons for a “NO” vote  – http://missourirecord.com/news/index.asp?article=10065