Good morning:
Hope everyone has had a great holiday weekend. Even though we had a truncated week, there was a lot of news to cover, ranging from the governor’s new mask mandate to a series of endorsements that are rolling in as we get closer to the Aug. 4 primary. Throw in a surprise story for Saturday, and it was kind of eventful.
In case you’re not keeping track (and we’re confident some of you are), there are 31 days left before the primary election. Now onto the significant stories that we published last week as well as other news you may have missed but need to know.
- Gov. Laura Kelly issued an executive order requiring people to wear masks in public spaces.
- It was an explosive Saturday when reports of a newspaper cartoon comparing the governor’s mask mandate to the Holocaust started circulating on social media. Democrats condemned the ad as anti-semitic. Late Saturday night, the owner of the Anderson County Review responded to complaints with a Facebook post.
- A state judge struggled to find evidence that Secretary of State Scott Schwab tried to stop implementation of the “vote anywhere” law.
- The Kansas Republican Party canceled its last debate for the candidates seeking the nomination for the U.S. Senate because of a disagreement over the format.
- Former Gov. Jeff Colyer announced his support for Patrick Penn over state Rep. Michael Capps in the Republican primary for House District 85.
- Gov. Laura Kelly walked back part of her plan for addressing a revenue shortfall after questions were raised by lawmakers and the attorney general. A legislative committee challenged the governor’s authority to cut some juvenile justice programs.
- Kansas House candidate Katie Dixon came out as bisexual, making her the eighth openly LGBTQ candidate to run for the Legislature. It is believed to be the largest field of openly LGBTQ candidates to run for the Kansas statehouse.
- A legislative staffer tested positive for COVID-19.
- And in case you missed it, here are the endorsements made by four groups last week: Kansas National Education Association, the Kansas Chamber of Commerce, the Kansas Farm Bureau and National Rifle Association.
Price of church litigation
The legal battle over Gov. Laura Kelly’s executive order limiting attendance at religious gatherings cost the state almost $90,000.
The legal fees are broken up into two separate cases: the governor’s lawsuit against the Legislative Coordinating Council for revoking the executive order and a second lawsuit brought by two churches challenging the order.
The state paid $72,033 to hire two firms and a University of Kansas law professor to represent the governor and the adjutant general in the church lawsuit
The state paid $25,000 to Irigonegaray, Turney, & Revenaugh and another $25,000 to Lumen N. Mulligan, an Earl B. Shurtz research professor at the University of Kansas School of Law. They both represented the governor.
It paid another $22,033 to the Barber Emerson law firm, which represented the adjutant general in the church case.
The state also paid $15,817 to two firms in the LCC litigation, the Hinkle Law firm in Wichita and Graves Garrett.
The state paid $4,999 to Graves Garrett to represent the Senate and $10,818 to Hinkle to represent the House.
The governor’s legal fees in the LCC case over the executive order were not covered by the Tort Claims Act because she was a plaintiff in the case and the fees were not paid by the attorney general’s office.
Mask mandates
Counties are starting to line up against the idea of adopting Gov. Laura Kelly’s executive order mandating masks in public spaces.
The governor issued the order Thursday, and already at least 18 counties have decided against adopting it as provided for under the new state emergency management law passed last month.
Sedgwick County voted against it Thursday. It was joined by Butler, Barton, Harvey and Reno counties. Shawnee, Miami, Leavenworth and Osage counties also voted against adopting the order. KSNT reports there are nine other counties in northeast Kansas that are opting out of the governor’s order.
Wichita promptly agreed Friday to require the masks after Sedgwick County voted not to adopt the order. Counties requiring masks include Johnson, Wyandotte, Douglas and Riley counties.
‘Today a mask, tomorrow a hazmat suit’
Conservatives in Texas are rallying against Texas Gov. Greg Abbott’s new order requiring face masks be worn in most public places. A lawsuit was filed Friday challenging the order as an “invasion of liberty.”
The lawsuit asks: “Today a mask, tomorrow a hazmat suit — where does it stop?” Here’s coverage from the Fort Worth Star-Telegram. And in other national mask news:
- Palm Beach County, Florida, residents have filed a lawsuit over a county policy requiring people to wear masks in public.
- A Florida lawmaker has sued the city of St. Augustine, Florida, over a mask mandate.
- A Virginia judge refused to block Gov. Ralph Northam’s mask mandate.
- As coronavirus cases rise, some states reconsider opposition to masks.
- Washington Gov. Jay Inslee has expanded that state’s mandate so that businesses can’t serve customers without a mask.
- Some California cities are fining anyone without a mask.
- The National Federation of Independent Business says Pennsylvania’s mask requirements make it tough on small businesses.
- Here’s a story from Pew’s Stateline that provides a good overview of the mask debate, including threats from governors to withhold federal coronavirus relief funding if local governments didn’t require masks or for others that required them.
Other Kansas COVID-19 news
- From The Associated Press: Kansas sees its worst two-week spike in coronavirus cases since the pandemic started.
- From The AP: Health Secretary Lee Norman suggested that the state reopened the economy too fast.
- From KCUR: The financial burden of the coronavirus is blamed for St. Luke’s closing its hospital in Leavenworth.
- From Kansas News Service: Containing the spread of the coronavirus could be determined by the public’s commitment to wearing masks and social distancing.
Promising revenue numbers
As the economy opens back up, the state is starting to see its revenue picture starting to blossom once again.
Revenues for June beat estimates by $135.6 million, or about 22% more than what was originally projected shortly after the pandemic hit the state.
Revenues were still down by about 5% from tax collections in June 2019.
For the fiscal year ending June 30, total tax collections were up $163.7 million, or about 2.4%, more than estimated, with collections of $7.0 billion.
It was the third straight month the state had exceeded revenue projections.
The positive numbers stand to eat into the state’s projected deficit of more than $600 million for the fiscal year that just started Wednesday.
The governor is already taking steps to address the estimated deficit without touching key government services, such as education and transportation.
In May, revenues were 6.6% higher than estimates, and in April, they were just a fraction above the target.
It will be important to watch the numbers in July, since that’s when income tax payments come due.
The state moved back the deadline from April 15 to July 15 to give Kansans time to make their income tax payments during a time of economic hardship.
Duplicate unemployment payments
The Department of Labor believes that the number of people affected by the duplicate payment of unemployment benefits might be limited.
The agency estimates that about 4,000 people were affected by the duplicate payments of federal unemployment benefits that were made by mistake last month.
The agency is now working with 129 people to determine if their accounts were overdrawn when the department reversed the payments to reclaim the money.
Last month, Gov. Laura Kelly revealed that the Labor Department made about $7 million in duplicate payments.
The Labor Department, without consulting the governor, began trying to reverse the duplicate payments.
The attempt to reclaim the money caused some recipients’ bank accounts to be overdrawn.
The Labor Department has been working with its partner banks to identify and reimburse any recipient whose account was overdrawn because of the clawback.
District 6 House race
It’s a race for endorsements in the campaign to fill the seat of outgoing longtime state Rep. Jene Vickrey in House District 6.
Real estate agent Clifford Blackmore is battling for the seat against Samantha Poetter, an aide to Kris Kobach when he was secretary of state.
Last week, Blackmore won endorsements from the Kansas Farm Bureau and the Kansas Chamber of Commerce.
Poetter, meanwhile, picked up support from Vickrey and state Sen. Molly Baumgardner.
“The residents of Miami County deserve a representative who has a proven record of strong conservative leadership that they can count on,” Vickrey said in a statement.
“Samantha has a proven record of protecting the sanctity of life, defending our Second Amendment rights, and cutting bureaucratic red tape that holds small businesses back,” he said. “She is the candidate we can trust to uphold our values and work for us.”
House District 6 is centered in Miami County and includes Louisburg, Paola and part of Osawatomie. A Democrat has not filed for the seat.
District 10 House race
Democratic hopeful Christina Haswood announced an endorsement from Congresswoman Deb Haaland on Twitter last week.
Haaland, a Democrat from New Mexico, was one of the first two Native American women elected to Congress along with U.S. Rep. Sharice Davids.
“I hope to inspire other Native leaders with my candidacy, just as she inspired me with hers,” Haswood said in a tweet.
Haswood is running as a Democrat for the House District 10 seat that is coming open with Eileen Horn’s decision not to run for reelection.
She faces primary opposition from A.J. Stevens, the former Baldwin City Council president; and Brandon Holland, a liquor store manager and the son of state Sen. Tom Holland.
House District 10 includes parts of Lawrence and Baldwin City and is heavily Democratic.
Wichita Chamber PAC endorses Marshall
The Wichita Regional Chamber Political Action Committee last week voted to endorse Congressman Roger Marshall in the Republican primary for the U.S. Senate.
The chamber PAC chose Marshall over former Secretary of State Kris Kobach, businessman Bob Hamilton and former Johnson County Commissioner David Lindstrom.
“Our country, state, and region face a number of challenges as we work to reignite the economy,” said chamber PAC Treasurer Walter Berry, president and CEO of Berry Companies Inc.
“In times like these, it’s as important as ever to support and elect pro-business candidates for public office,” he said in a statement.
Wichita Chamber statehouse endorsements
The Wichita Regional Chamber Political Action Committee also made these legislative endorsements last week. Keep in mind the same caveat as for other endorsements we have run: We only include endorsements for contested primaries.
Senate races: Sen. Dan Goddard over Virgil Peck in the District 15 Republican primary; Rep. J.R. Claeys over Sen. Randall Hardy in the District 24 Republican primary; Rep. Alicia Straub over Sen. Mary Jo Taylor in the District 33 Republican primary; and Lon Pishny over Sen. John Doll in the District 39 Republican primary.
House races: Rep. Chris Croft over Clayton Norkey in the District 8 Republican primary; Rep. Blaine Finch over Shari Weber in the District 59 Republican primary; Kathy Valentine over Lance Gormley, Dwight McAdow and Avery Anderson in the District 72 Republican primary; Rep. Eric Smith over Robert Harmon in the District 76 Republican primary; Rep. Jesse Burris over Jerimiah Webb in the District 82 Republican primary; Brian Bergkamp over Rep. J.C. Moore and Mike Webb in the District 93 Republican primary; Rep. Nick Hoheisel over Michael E. Walker in the District 97 Republican primary.
Trump working against Kobach?
In a rather lengthy New York Times piece that detailed the struggles of President Donald Trump’s re-election campaign there were a couple juicy nuggets relating to Kansas.
First, there seems to be poll data out there that shows the president trailing Democrat Joe Biden in Kansas as well as other places such as Georgia, two red states where it stands to reason the president would be the favorite.
Then there was this: It seems as if Trump was behind the effort to get Club for Growth to end its ad campaign against Republican Roger Marshall in the Republican primary for the U.S. Senate.
The president, it appears, has tired of former Kansas Secretary of State Kris Kobach, who got the backing of the president in the 2018 governor’s race.
“Last month, the president called David McIntosh, the head of the conservative Club for Growth, and persuaded him to have the group take down its ads attacking a rival to Mr. Kobach, Representative Roger Marshall, who is favored by many establishment-aligned Republicans,” the New York Times reported.
“Still, Mr. Trump has not gone as far as endorsing Mr. Marshall, telling allies he did not want to anger his own voters by openly spurning Mr. Kobach,” the Times reported.
Lawmakers seek investigation of detective
A group of legislators last week asked the Kansas Bureau of Investigation to launch a probe into a retired Kansas City, Kansas, police detective accused of sexually abusing women and framing individuals for crimes they didn’t commit.
The letter, signed by more than two dozen lawmakers, asked for an investigation into Roger Golubski, who was accused of setting up Lamonte McIntyre, a Kansas City, Kansas, man who was wrongfully convicted of a 1994 double murder.
The KBI told media outlets that it had started an investigation of Golubski in March 2019 but so far has found “no evidence of any violation of Kansas law that is within the statute of limitations.”
The agency acknowledged that it had turned over information about possible violations to federal authorities.
Golubski has been accused in court documents of using his power as a police officer to exploit vulnerable Black women in Kansas City, Kansas, for sex. One of the women he was accused of exploiting was McIntyre’s mother.
Golubski was accused of manufacturing evidence against McIntyre in the double murder by coercing two women into identifying McIntyre as the killer.
Former Navy SEAL endorses Adkins
A former Navy SEAL who fired the shots that killed Osama bin Laden last week endorsed Amanda Adkins in the Republican primary for Congress in the 3rd District.
“Amanda’s many years of experience as a business and thought leader, and her commitment to national security, is precisely what Congress needs at this moment,” Robert J. O’Neill said in a statement.
“Her unwavering support of the men and women serving in our armed forces is substantial,” he said.
O’Neill was one of the U.S. special forces operators who raided Bin Laden’s hideout in 2011.
He also was among the SEALs who helped rescue merchant marine Capt. Richard Phillips from Somali pirates, a mission portrayed in the movie “Captain Phillips.”
Adkins is in a primary race against Sara Hart Weir, Adrienne Vallejo Foster, Mike Beehler and Tom Love.
Medicaid expansion
Medicaid expansion supporters in Kansas drew some hope last week when Oklahoma voters decided to expand Medicaid there.
Oklahoma was the fifth state to pass Medicaid expansion with a ballot proposition. Here’s coverage of last week’s vote, where Medicaid expansion won with 50.5% of the ballots, from Politico, U.S. News, The Daily Oklahoman and The Hill.
Oklahoma is now positioned to become the 37th state to enact Medicaid expansion.
In the aftermath of the vote, Gov. Laura Kelly issued a statement calling on the Legislature to pass Medicaid expansion next year.
“We will introduce KanCare expansion next session, and I hope Republican leadership puts politics aside, to work with my administration to keep Kansans healthy and keep Kansas open for business,” Kelly said in the statement released by the Democratic Party.
Kelly was joined by other leading Kansas Democrats, including Senate Minority Leader Anthony Hensley, state Sen. Oletha Faust-Goudeau, state Rep. Jim Ward, Congresswoman Sharice Davids and U.S. Senate candidate Barbara Bollier.
“Thousands of Kansans have lost their jobs and subsequently their health insurance due to the COVID-19 pandemic,” Hensley said in a statement. “They need access to affordable healthcare, get back to work and stay at work. A healthier, more productive workforce helps our economy grow.”
Encouraging Medicaid expansion
Congress last week passed a bill intended to encourage states like Kansas to expand Medicaid.
The bill, backed by Democratic Congresswoman Sharice Davids, would allow states that expand Medicaid to obtain a 100% federal match instead of the 90% that is now available.
The Patient Protection and Affordable Care Enhancement Act passed in the House last week on a 234-179 vote. Passage in the Senate is seen as unlikely.
“Kansas has come close to expanding its Medicaid program in the past, but always fell short,” Davids said in a statement.
“I’ve long fought to help Kansas finally expand Medicaid and I was proud to have secured key measures in this bill to help our state cover the cost of expansion.”
President Donald Trump threatened to veto the bill.
“This bill attempts to exploit the coronavirus pandemic to resuscitate tired, partisan proposals that would send hundreds of billions of dollars to insurance companies in order to paper over serious flaws in Obamacare,” the Trump administration said.
Here is more coverage on the legislation from Modern Healthcare.
Olathe hospital’s collections
The Kansas Leadership Center Journal takes this in-depth look at the collection practices of Olathe Medical Center, its emergency room and related facilities.
The Journal found that thousands of people visiting the Olathe health system were sued for bad debt, and dozens went to jail.
The Journal reports that the health system won more than 600 unchallenged collection lawsuits in 2019.
The Journal found at least in 60 cases in the last six years, patients with unpaid emergency room bills went to jail for unpaid debt.
It’s worth a read if you’re staying at home this Sunday.
Taxpayer funding and religious schools
The issue of taxpayer funding of religious schools has been a hotly debated topic over the years in the Kansas Legislature, especially over a program started in 2015 that uses tax credits to help fund private school tuition.
Last week in a case followed here in Kansas, the U.S. Supreme Court found in favor of a Montana scholarship program that provided state tax credits for private schools in which nearly all of the scholarship recipients went to religious institutions.
The court reversed a state Supreme Court ruling that found the scholarship program violated the state constitution barring government aid to any school “controlled in whole or in part by any church, sect, or denomination.”
The justices found that application of the no-aid provision in the state constitution violated the federal constitutional rights of the religious schools and the families of the children who wanted to attend them.
The coverage on the case was voluminous. We’ll start here with the opinion in the 5-4 ruling, with Chief Justice John Roberts writing the majority opinion with a concurring opinion from Justice Clarence Thomas.
Here’s coverage from The Associated Press, NPR, Fox News, Education Week, Reuters and the Missoulian.
Supreme Court & abortion
Another U.S. Supreme Court case with Kansas implications came out of Louisiana where the court struck down a law requiring physicians who perform abortions to have admitting privileges at a hospital within 30 miles of where the procedure was performed.
Kansas had the same law on the books but it was enjoined several years ago.
Abortion opponents used the Supreme Court’s 5-4 decision last Monday to make their case for backing legislators who would support a law that ensures that is abortion is not a protected right in the state constitution.
“It is appalling that the U.S. Supreme Court would put the profit-driven abortion industry interests above the health and safety of women and their babies,” said Jeanne Gawdun, director of government relations for Kansans for Life.
“The ruling underscores why pro-lifers must do everything they can to maintain the pro-life majority in the U.S. Senate and stand with state legislators who will support the Value Them Both Amendment to the Kansas Constitution,” Gawdun said last week.
Meanwhile, Brandon Hill, president and chief executive officer of Planned Parenthood Great Plains, called the court decision a “rallying cry for change.”
“Let this sink in: the Supreme Court held today — for a second time — that targeted abortion laws standing in the way of health care are unconstitutional,” Hill said after the decision was rendered last Monday.
“We’re celebrating this win for patients, of course, but the fact that we’re even fighting these laws — ones that, again, the highest court in the country says are virtually absent of any health benefit — is mind-blowing.”
Here’s the coverage of last week’s case. Let’s start with the opinion and move on to stories from The Associated Press, National Public Radio, Fox News, CNN, Reuters, and from the Baton Rouge Advocate.
For those who want to dig deeper, here’s the case website from Scotusblog, which has all the briefs filed in the litigation with the Supreme Court.
Latest campaign ads
Here’s a new round of campaigns, including a new one from Dennis Taylor in the 2nd Congressional District and two new ones attacking from Bob Hamilton attacking Congressman Roger Marshall in the U.S. Senate race.
A hat tip to Washburn U’s Bob Beatty, who had to pluck the Taylor ad off television since the candidate apparently doesn’t have a YouTube page.
Dennis Taylor
Roger Marshall
Bob Hamilton attack ad 1
Bob Hamilton attack ad 2
Bob Hamilton puns ad
