Missouri Right-to-Farm, Amendment 1 (August 2014) The Missouri Right-to-Farm, Amendment 1 is on the August 5, 2014 primary election ballot in Missouri as a legislatively-referred constitutional amendment. If approved by voters, the measure would explicitly guarantee farmers and ranchers the right to engage in their livelihoods and produce food for others. The measure was sponsored by Rep. Bill Reiboldt (R-160) in the Missouri House of Representatives, where it was known as House Joint Resolution 11. In May 2014, Gov. Jay Nixon (D) chose to place this measure, along with four others, on the August 5 primary election ballot, instead of the November 4 general election ballot. Text of measure Ballot title The language will appear on the ballot as: “ [4] ” The official ballot title and fair ballot language are as follows: “ Official Ballot Title: Shall the Missouri Constitution be amended to ensure that the right of Missouri citizens to engage in agricultural production and ranching practices shall not be infringed? The potential costs or savings to governmental entities are unknown, but likely limited unless the resolution leads to increased litigation costs and/or the loss of federal funding. Fair Ballot Language: A “yes” vote will amend the Missouri Constitution to guarantee the rights of Missourians to engage in farming and ranching practices, subject to any power given to local government under Article VI of the Missouri Constitution. A “no” vote will not amend the Missouri Constitution regarding farming and ranching. If passed, this measure will have no impact on taxes.[4] ” Constitutional changes If approved, the measure will add a section 35 to Article I of the Missouri Constitution. The new section would read as: Section 35. That agriculture which provides food, energy, health benefits, and security is the foundation and stabilizing force of Missouris economy. To protect this vital sector of Missouris economy, the right of farmers and ranchers to engage in farming and ranching practices shall be forever guaranteed in this state, subject to duly authorized powers, if any, conferred by article VI of the Constitution of Missouri.[4] Background According to the Farm Foundation, right-to-farm laws originally developed as a way to protect agricultural operations by allowing owners or operators who meet the legal requirements of the right-to-farm law a defense to nuisance suits which might be brought against the operation. Between 1963 and 1994, every state enacted some form of right-to-farm legislation. By 1998, some states had enacted two, or, in the cases of Minnesota and Iowa, three types of such laws. These laws are seen by supporters as providing protections for aspects of agriculture that are unavoidable but often contested by those outside of the agriculture industry, such as odors, flies, dust, noise from field work, spraying of farm chemicals and slow moving farm machinery. These laws tend to have similar formats from state-to-state. Most of the laws define to some degree the purpose behind passage of the protection, cite the need to conserve and protect agricultural land and state a need to encourage the development and improvement of agricultural land for food production. They frequently point to the extension of nonagricultural land use into traditionally agricultural areas as an explanation for the increase in nuisance suits. The differences between state laws usually come in the definitions for terms such as agricultural operations, agricultural activities, farming and farm operation in state statutes. While efforts and legislation surrounding the right-to-farm movement were not new at the time of HJR 11s passage, they are still debated. The Farm Foundation says, The agricultural community is still not well-versed in the mechanism for usage of a right-to-farm statute, preferring to think of the statutes as a general blanket protection for all agricultural activities while the statutes were never intended to be applied in that manner. CRS definition According to a 2005 report by the Congressional Research Service (CRS), right-to-farm laws can be defined as follows: “ Right to farm laws (sometimes called nuisance laws) deny nuisance suits against farmers who use accepted and standard farming practices, even if these practices harm or bother adjacent property owners or the general public. Agricultural nuisances may include noise, odors, visual clutter and dangerous structures. Every state has some form of a right-to-farm law.[4] ” —Congressional Research Service, [9] Likely court challenges The language of the measure changed quite drastically during its time in legislative debates. According to the St. Louis Beacon, the original version in the Missouri House would have prohibited initiative petitions to regulate any farming practices. While the version to be voted upon is not as extreme, it will likely be challenged in court due to the broad, vague language of the final compromise, if approved. Current statutes Section 537.295 of the Missouri Revised Status in 2013 provided agriculture operations with protections against nuisance suits. This right-to-farm law reads as follows: “ 537.295. 1. No agricultural operation or any of its appurtenances shall be deemed to be a nuisance, private or public, by any changed conditions in the locality thereof after the facility has been in operation for more than one year, when the facility was not a nuisance at the time the operation began. An agricultural operation protected pursuant to the provisions of this section may reasonably expand its operation in terms of acres or animal units without losing its protected status so long as all county, state, and federal environmental codes, laws, or regulations are met by the agricultural operation. Reasonable expansion shall not be deemed a public or private nuisance, provided the expansion does not create a substantially adverse effect upon the environment or creates a hazard to public health and safety, or creates a measurably significant difference in environmental pressures upon existing and surrounding neighbors because of increased pollution. Reasonable expansion shall not include complete relocation of a farming operation by the owner within or without the present boundaries of the farming operation; however, reasonable expansion of like kind that presently exists, may occur. If a poultry or livestock operation is to maintain its protected status following a reasonable expansion, the operation must ensure that its waste handling capabilities and facilities meet or exceed minimum recommendations of the University of Missouri extension service for storage, processing, or removal of animal waste. The protected status of an agricultural operation, once acquired, shall be assignable, alienable, and inheritable. The protected status of an agricultural operation, once acquired, shall not be waived by the temporary cessation of farming or by diminishing the size of the operation. The provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or its appurtenances. 2. As used in this section the term agricultural operation and its appurtenances includes, but is not limited to, any facility used in the production or processing for commercial purposes of crops, livestock, swine, poultry, livestock products, swine products or poultry products. 3. The provisions of this section shall not affect or defeat the right of any person, firm or corporation to recover damages for any injuries sustained by it as a result of the pollution or other change in the quantity or quality of water used by that person, firm or corporation for private or commercial purposes, or as a result of any overflow of land owned by or in the possession of any such person, firm or corporation. 4. The provisions of this section shall not apply to any nuisance resulting from an agricultural operation located within the limits of any city, town or village on August 13, 1982. 5. In any nuisance action brought in which an agricultural operation is alleged to be a nuisance, and which is found to be frivolous by the court, the defendant shall recover the aggregate amount of costs and expenses determined by the court to have been reasonably incurred in his behalf in connection with the defense of such action, together with a reasonable amount for attorneys fees. [4] ” —Missouri Revised Statutes 2013, [11] Support Supporters Officials Rep. Bill Reiboldt (R-160), primary sponsor Rep. Jason Smith (R-120), cosponsor Rep. Bill Lant (R-159), cosponsor Rep. Warren Love (R-125), cosponsor Rep. Kenneth Wilson (R-12), cosponsor Rep. Chris Kelly (D-45), cosponsor Rep. Paul Wieland (R-112), cosponsor Rep. Bryan Spencer (R-63), cosponsor Rep. Jim Hansen (R-40), cosponsor Rep. Nate Walker (R-3), cosponsor U.S. Rep. Vicky Hartzler (R-4) Speaker of the House Tim Jones (R-110) Sen. Brian Munzlinger (R-18) Sen. Mike Parson (R-28) Sen. Rob Schaaf (R-34) Majority Floor Leader Rep. John Diehl (R-89) Rep. Jay Houghton (R-43) Rep. Ed Schieffer (D-41) Rep. Casey Guernsey (R-2) Rep. Sue Entlicher (R-128) Rep. Linda Black (D-117) Rep. Dave Schatz (R-61) Rep. Tony Dugger (R-141) Rep. Lyndall Fraker (R-137) Rep. Jeanie Riddle (R-49) Rep. Caleb Jones (R-50) Rep. Lyle Rowland (R-155) Rep. Rocky Miller (R-124) Rep. Diane Franklin (R-123) Rep. Chuck Gatschenberger (R-108) Rep. Donna Pfautsch (R-33) Rep. Delus Johnson (R-9) Rep. Lincoln Hough (R-135) Rep. Tim Remole (R-6) Rep. Don Phillips (R-138) Rep. Craig Redmon (R-4) Rep. Kent Hampton (R-150) Rep. Wanda Brown (R-57) Rep. Caleb Rowden (R-44) Rep. Sonya Anderson (R-131) Attorney General Chris Koster (D) Agricultural organizations Other organizations Missouri Family Network MFA Oil Missouri Grocers Association Association of Missouri Electric Cooperatives United All Breed Registry Arguments Missouri Farmers Care claims that the amendment will save jobs, protect family farms from out-of-state animal-rights groups and protect small and family farmers as they do not have the resources to mount legal challenges or relocate their farms like corporations can. In an October 23, 2013, article on the Missouri Farmers Care website, attorney Brent Haden of Haden & Byrne Law Firm in Columbia, Missouri, argued in favor of the measure. He stated that although Missouri has a long history with agriculture, fewer people are directly connected to farms and ranching than in the past. He claimed that [this] has made agriculture vulnerable to attacks from well funded outside groups that push misinformation on the public to pass burdensome and expensive regulations. According to Haden, these regulations make farming and ranching less profitable, endanger the food supply and increase food prices. Supporters argue that outside interest groups, such as the Humane Society of the United States, are attempting to restrict agricultural practices in the state. The Human Society supported Proposition B in 2010, which required owners of 10 dogs or more to meet certain requirements, as well as limiting owners to no more than 50 breeding dogs. Several proponents of Amendment 1 have pointed to Proposition B as evidence of the influence of out-of-state parties trying to affect state agricultural laws. Additionally, they point to the passage of seven anti-agricultural laws, the majority of which have limited the use of gestation stalls and veal calf stalls. Gestation stalls are used to house female pigs during pregnancy and restrict their movement. The Human Society and other advocacy groups have called the use of such stalls cruel, while many farms counter that such pens are necessary due to aggressive behavior if the pregnant hogs are allowed to mingle. The League of Women Voters provided a nonpartisan voters guide for all amendments in Missouri. They included the following arguments in favor of Amendment 1: “ Proponents say farmers need protection from regulations promoted by outside environmental extremists and animal rights groups. They say Missouri growers and ranchers are knowledgeable about proper farming practices. They argue that the amendment would save jobs and protect small and family farmers who cant afford to mount legal challenges or relocate their farms.[4] ” —League of Women Voters, [18] The Franklin County Democrats provided summaries and arguments written by Rep. Jeanne Kirkton (D-91) for and against each amendment on the August ballot. She provided the following arguments in favor of Amendment 1: “ Missouri agriculture is under attack by well-funded, extremist anti-agriculture organizations and needs protection under the state constitution. Missouri farmers and ranchers – not animal-rights groups, environmentalists and government bureaucrats — know what is best when it comes to raising crops and livestock. The Missouri Farming Rights Amendment will save jobs and defend the hard-working farm families who drive our state economy. The Missouri Farming Rights Amendment will help ensure our food supply remains plentiful and inexpensive. The Missouri Farming Rights Amendment will protect small family farms and large-scale agriculture operations equally and won’t place the interests of one above the other. The Missouri Farming Rights Amendment only protects farmers and ranchers against unreasonable regulations and restrictions and doesn’t give them a “blank check” to do whatever they want or prohibit the enactment of reasonable laws relating the agriculture.[4] ” —Rep. Kirkton, [19] Campaign contributions The Missouri Farm Bureaus Fund to Protect Farming & Ranching and Marion County Farm Bureau Committee were the only campaign committees registered with the Missouri Ethics Commission in support of Amendment 1. Missouri Farmers Care and Republicans Of Pike County are registered as political action committees (PACs) supporting this measure, as well. The following totals are accurate as of the report required eight days before the primary election. The totals for Missouri Farmers Care and Republicans Of Pike County only includes 2014 contributions and expenditures. PAC money is not always spent on one measure. The following PAC totals represent all contributions received by the PAC in 2014, but only expenditures on Amendment 1. Campaign committee & PAC info: Campaign committee or PAC Amount raised Amount spent Missouri Farmers Care $548,884.23 $563,883.65 Missouri Farm Bureaus Fund To Protect Farming & Ranching $169,323.45 $106,097.69 Republicans Of Pike County $20,854.94 $140.00 Marion County Farm Bureau Committee $4,100.00 $2,750.00 Total $743,162.62 $672,871.34 Top 5 contributors: Donor Amount Missouri Soybean Association $100,500.00 Missouri Pork PAC $75,000.00 Missouri Pork Association $60,500.00 FCS Financial $48,000.00 Missouri Farm Bureau $47,342.77 Campaign advertisements The following page contains television campaign advertisements for campaigns in favor of the measure: Missouri Right-to-Farm, Amendment 1 (August 2014) campaign ads Opposition Opponents Arguments Schoemyer discusses his opposition to Amendment 1 on July 15, 2014. The Missouri Farmers Union has argued against Amendment 1 because they believe it will provide protections for large agribusiness corporations, saying, Now that a company based in the Peoples Republic of China owns Smithfield Foods, the General Assembly is at it again by enshrining them in the sacred Constitution. In an editorial in the St. Louis Post-Dispatch, president of the Missouri Farmers Union, Richard R. Oswald, argued that much of recent Missouri legislation that claims to protect farmers has actually benefited corporations to the detriment of small farmers. He said of the amendment, “ Supposedly designed to assure the right to farm for Missouri citizens, its vague wording is bound to favor corporations, even Chinese corporations, over Missouri family farms. That’s because Supreme Court rulings that a corporation is a person play into the hands of Amendment 1 supporters of corporate food control. Amendment 1 in Missouri could grant even the worst corporations the right to do whatever they want when they claim to be “farmer” or “rancher.” Some say we can never return to the days when family farms produced the bulk of what we eat. That will be true so long as Missourians continue to elect those who favor the politics of big food. Missouri voters can reverse that trend. It’s time they did.[4] ” —Richard R. Oswald, [24] On January 21, 2014, Missouris Food For America gathered at the state capitol to argue against the amendment. The group is led by Monroe County farmer and former state legislator Wes Shoemyer. Shoemyer argued that the constitutional status of the measure would allow it to override all other state statutes dealing with agriculture. He said, Whenever we see this type of constitutional amendment, it will actually take away folks right for redress if there are some very egregious nuisance of environmental issues that might arise in the future. For example, a farmer who wants to farm either organic or non-genetically modified organism (GMO) crops would have no redress if their crops are contaminated by GMO crops. He argued that the amendment would not protect farmers, but instead, agribusiness corporations like Monsanto and Cargill. On June 19, 2014, about 50 opponents of Amendment 1 rallied at the Missouri Capitol to encourage people to vote against the measure. Participants handed out fliers that claimed if the amendment passes, it could allow foreign corporation to buy farmland, limit regulations on polluters, puppy mills and genetically modified organisms. John Ikerd Ph.D. presents a national context for his opposition to Amendment 1. The Constitutional Party of Missouri opposes Amendment 1 due to the following problems they perceive in the measure: “ 1. Citizens of Missouri already have the right to farm and ranch. This is a natural right possessed from birth. The permission of the state is not needed. 2. The wording in the ballot language and that in the actual new section of law is different. What is the definition of agricultural production and ranching practices or farming and ranching practices? This language is vague and ambiguous. The meaning of these words will have to be determined by the legislature and/or the courts. Therefore farming or ranching will mean whatever government determines it to mean. 3. By far the largest problem in this proposed amendment is the words, “subject to duly authorized powers, if any, conferred by article VI of the Constitution of Missouri”. Article VI of the Missouri Constitution refers to local governments, the cities and counties in this state. So passage of this amendment would guarantee the right to farm and ranch, SUBJECT TO THE WHIMS OF LOCAL GOVERNMENTS.[4] ” —Constitution Party of Missouri, [23] The League of Women Voters provided a nonpartisan voters guide for all amendments in Missouri. They included the following arguments in opposition to Amendment 1: “ Opponents say the amendments wording is vague and doesnt define farming and ranching practices. They also contend that it could favor corporate farms over family farms and may lead to environmental damage. They say state regulators would have more difficulty controlling food poisoning bugs created as a result of feeding antibiotics to livestock, large concentrated animal feeding operations and pet breeding facilities. The amendment, they say, also could result in high litigation costs for the state.[4] ” —League of Women Voters, [18] The Franklin County Democrats provided summaries and arguments written by Rep. Jeanne Kirkton (D-91) for and against each amendment on the August ballot. She provided the following arguments in opposition to Amendment 1: “ Amendment 1 is an effort by large corporate agriculture conglomerates to put their interests ahead of those of small family farms. In particular, Amendment 1 could protect Chinese-owned Smithfield Foods Inc., which operates several concentrated animal feeding operations in Missouri, in its ongoing legal battles over pollution caused by its facilities. Amendment 1 also could leave family farmers with no legal recourse if their crops become contaminated by genetically modified organisms from nearby corporate farming operations. Amendment 1 is so vaguely worded that Missouri courts will have to decide what it actually means. This could result in years of expensive litigation and produce uncertain outcomes. To avoid a potential conflict with the right to farm, Amendment 1 could prompt groups using the initiative process to ask voters to enact future regulations or restrictions on agriculture by constitutional amendment, which can’t be changed by the General Assembly, instead of statutory proposition, which is subject to later modification or repeal by lawmakers. As a result, Amendment 1 could backfire on supporters and ultimately result in farmers and ranchers enjoying fewer constitutional protections.[4] ” —Rep. Kirkton, [19] Campaign contributions Missouris Food for America registered as a PAC opposing Amendment 1 on January 9, 2014. The following totals are accurate as of the required report 8 days prior to the primary election. Raytown Democratic Association and the 28th Ward Democrats Campaign Committee are also PACs. They are supporting multiple measures, therefore the following totals represent their total contributions received in 2014, but the expenditures are only what they have spent on Amendment 1. PAC info: PAC Amount raised Amount spent Missouris Food for America $434,603.01 $414,375.91 Raytown Democratic Association $1,875.00 $45.63 28th Ward Democrats Campaign Committee $993.00 $93.32 Total $437,471.01 $414,514.86 Top 5 contributors: Donor Amount Humane Society Legislative Fund $375,000.00 Thomas Smith $25,000 Richard Camp $10,000.00 Human Society of the United States $9,788.11 Teamsters Joint Council No. 56 $5,000.00 Campaign advertisements The following page contains television campaign advertisements for campaigns in opposition to the measure: Missouri Right-to-Farm, Amendment 1 (August 2014) campaign ads Reports and analysis AP analysis Gov. Nixons decision to place this measure and four others on the August primary election ballot instead of the November general election ballot could have political and legal ramifications, according to Associated Press reporter David A. Lieb. For example, it was presumed that Amendment 1 would draw many rural residents to the polls in November. Since rural Missouri voters tend to vote for Republicans over Democrats, it could have been a bigger boon to Republican candidates to have those voters come out to the November election, rather than the August primary. Similarly, the lawsuit over Amendment 5 was dismissed, at least in part, due to time constraints that would not have applied if the measure was on the November ballot, instead. Lieb summaries the potential impact of gubernatorial placement of ballot measures on the primary ballot, saying, a governor who doesnt like a particular ballot measure could diminish its political impact by placing it on the August ballot, but that also could hinder the ability of opponents to challenge it in court. Read the full analysis here. Centner (2005) Professor Terence J. Centner of the University of George published a paper questioning how far right-to-farm laws should go in 2005 edition of the Boston College Environmental Affairs Law Review. The article specifically analyzed two Iowa court cases that found right-to-farm legislation in that state unconstitutional, as well as considering what aspects of such legislation actually protect. The author identified at least two goals of right-to-farm legislation across the country: Protecting producers from rising nuisance cases due to urbanization of agricultural areas Protecting farmland and other natural resources Centners Iowa case study demonstrated that some right-to-farm laws go too far and can be considered to be a taking of private property without just compensation. The Iowa Supreme Court found that laws that the law extinguished prospective rights to maintain lawsuits for noise, odors, an dust, thereby impelling easements upon neighboring prosperities in and around designated agricultural areas. Centner noted that some of the motivations for right-to-farm laws, such as the preservation of agricultural land and protection of family farms, have had widespread support, but right to farm laws have eroded some of that support by protecting ancillary business activities such as feed mills and processing plants from nuisance suits. He described the problem saying, “ The public may find that widespread interference with common law nuisance is not in its best interest. A court may find that an expansive anti-nuisance provision goes too far in denigrating property interests of neighbors.[4] ” —Professor Terence J. Centner, [28] As a possible solution to such objections, Centner suggested that right-to-farm legislation could shift its approach by separating the market economy from the economy of nature. This included seeing anti-nuisance protection as applying to a natural resource, rather than a business protection. Read the full analysis here. Media editorial positions See also: Endorsements of Missouri ballot measures, 2014 Support The Southeast Missourian said, “ Like a few other amendments on the ballot, we believe this is a more symbolic than substance. Even Missouris governor, who opposes the measure, believes this will not have much effect. [...] Within reason, farmers should be able to farm their land how they see fit. Its an individual liberty issue. Sure, there are regulations in place, and the Missouri Farm Bureau says this will not prevent laws currently on the books from applying. Similarly, its not a blanket protection from the Environmental Protection Agency.[4] ” —Southeast Missourian, [29] Opposition The Springfield News-Leader said, “ Missouri law already protects the “Right to Farm” in Section 537.295 of the Missouri Revised Statutes. If that law is not sufficient, or found to be too restrictive or lenient, the legislature has recourse to fix it, just as it did in 2011. Missouri voters should be wary of this latest effort, opposed by HSUS but supported by “big ag.” Creating a constitutional protection for all agricultural enterprises could create a haven for corporate farms that pollute our environment and put undue pressure on family farms.[4] ” —Editorial Board, [30] The News Tribune said, “ Although proponents’ literature doesn’t specify, the August amendment is a virtual “No Trespassing” sign aimed at pesky groups concerned with animal welfare, genetically modified food, use of antibiotics in livestock, etc. [...] The undefined “production” and “practices” are an invitation to sue, which essentially will move the debate from the legislative arena, where it belongs, to the judiciary.[4] ” —News Tribune, [31] The Ozarks Sentinel said, “ Would this proposed Amendment destroy any chance of our ever having a right to know if we are eating GMO products or not? It sure could be argued that letting people know what they are consuming would prohibit farmers from using some “modern” “technology” in their ag endeavors. This bill is NOT good for farmers. It will greatly increase further consolidation of agriculture, increase proliferation of genetically modified patented life forms, and destroy local control of the spread of the consolidating (ie. Family Farm Destroying) CAFO’s. There is only one segment of the population that this is “good” for. The Biotech and Mega Farm Corporations.[4] ” —The Ozarks Sentinel, [32] The St. Louis Post-Dispatch said, “ Passing an amendment that likely does nothing, but might possibly provide large corporations extra protections against consumer interests, is very bad public policy. Farming is, always has been, and likely always will be an important part of life in Missouri. Even some of our largest urban corporations, the Monsantos and Pfizers and Purinas and Anheuser-Busches, have a direct connection to the farm. That’s not going to change, and no occasional concern over inhumane treatment of animals will ever, as Mr. Hursts predecessor, Charles Kruse suggested in 2010, “eliminate the livestock industry.” Vote No on Amendment 1. Let Mr. Hurst and his pals howl at the moon all they want. But don’t enshrine moon-howling in the Missouri Constitution.[4] ” —Editorial Board, [33] The Kansas City Star said, “ It is not. Agriculture in Missouri is a profitable industry. Amendment 1 is a concerted effort to shield factory farms and concentrated agricultural feeding operations from regulations to protect livestock, consumers and the environment. Voters should say “no” to this unnecessary and potentially harmful proposal. [...] No single industry or occupation deserves constitutional immunity. It’s the legislature’s job to determine the delicate balance among the interests of farmers, consumers and communities. In putting Amendment 1 on the ballot, lawmakers sought to shirk that responsibility. Voters shouldn’t let them get away with it.[4] ” —The Kansas City Star, [34] Joe Maxwell, former lieutenant governor of Missouri, speaking against Amendment 1. The Joplin Globe was critical of Missouri Farmers Cares behavior regarding a debate that was scheduled for July 9, 2014. The debate was supposed to take place between Rep. Bill Reiboldt (R-160) and Joe Maxwell, an officer of the Humane Society of the United States and former lieutenant governor of Missouri. According to the paper, Reiboldt agreed to the debate knowing it would be with Maxwell, but Missouri Farmers Care told Reiboldt that they did not want him to participate in the debate. The paper stated, If Missouri Farmers Care really cares about letting the public understand the truth, it will make sure someone shows up Wednesday to answer questions about Amendment 1. The Joplin Globe also stated that it had yet to take a stance for or against the amendment, at that time. The paper later took an opposition stance on the measure, saying, “ We suspect critics of the amendment are on to something when they say this is a measure designed to protect corporate agriculture rather than the traditional family farm. In fact, we’d be better off making sure that public ownership of water, for example, and the right to clean water and clean air are enshrined in the state constitution. That’s an amendment we can get behind, but we can’t get behind Amendment 1.[4] ” —The Joplin Globe, [36] The Columbia Daily Tribune said, “ Lacking clear reason, we should not go about amending the constitution. [...] If Amendment 1 fails, I can’t see trouble for the agriculture industry that can’t and won’t be protected by existing government authority. On the other hand, if it passes, mischief might later be done in the name of “agriculture” that should not be protected by the constitution.[4] ” —Henry J. Waters, III, editor of Columbia Daily Tribune, [37] Polls See also: Polls, 2014 ballot measures The Wickers Group (TWG) commissioned a poll of 400 registered and likely voters from March 1-4, 2014. They asked two questions. The first questions was in regards to how many voters had heard of the amendment. Only 36% of the respondents said yes, while 59% said no and 5% were either unsure or refused to answer. The second question asked voters if they would vote for the measure, after they were read the text of the amendment. To this, 69% of the respondents said yes. The question was specifically worded as follows: “ Constitutional Amendment #1 reads as follows: Agriculture which provides food, energy, health benefits, and security is the foundation and stabilizing force of Missouris economy. To protect this vital sector of Missouris economy, the right of farmers and ranchers to engage in farming and ranching practices shall be forever guaranteed in this state, subject to duly authorized powers, if any, conferred by article VI of the Constitution of Missouri. If you voted today, would you vote yes or no on this constitutional amendment?[4] ” —The Wickers Group, [39] The private news service Missouri Scout had a poll conducted by Chilenski Strategies about possible 2014 issues in the state. Four hundred of the interviews were conducted through Interactive Voice Response telephone interviewing to landlines and another one hundred were conduced through interviewers calling cell phones. The interviews took place on January 30, 2014. The margin of error of the top-line responses in this survey was +/- 4.38%. The interview asked the following question regarding the right-to-farm legislation and received a 59.1% support response: “ Would you support an amendment to the Missouri Constitution that protects the rights of Missouri citizens to farm or ranch without government interference?[4] ” —Chilenski Strategies, [40] Missouri Right-to-Farm, Amendment 1 (August 2014) Poll Support Oppose Dont Know/No Answer Sample Size The Wickers Group (TWG) March 1-4, 2014 69% 13% 19% 400 Chilenski Strategies January 30, 2014 59.1% 19.4% 21.5% 500 AVERAGES 64.05% 16.2% 20.25% 450 Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to [email protected] Path to the ballot See also Amending the Missouri Constitution Proposed constitutional amendments must be agreed to by a majority of the members of each chamber of the Missouri General Assembly to be placed on the ballot. House Joint Resolution was introduced on January 17, 2013. Both the Senate and House approved the measure on May 14, 2013. The House Speaker and President Pro Tem signed the legislation and it was delivered to the secretary of state on May 22, 2014. In May 2014, Gov. Jay Nixon (D) chose to place this measure, along with four others, on the August 5 primary election ballot, instead of the November 4 general election ballot. House vote May 14, 2014 House vote Senate vote May 14, 2014 Senate vote See also Missouri 2014 ballot measures 2014 ballot measures List of Missouri ballot measures Missouri Legislature External links Support links Opposition links Additional reading PBS Newshour, Is Missouri ballot measure boon for family farms or just big corporations?, July 17, 2014 The Joplin Globe, Neosho lawmaker stands by ballot proposal on farming, July 16, 2014 Associated Press, Right-to-farm idea taking root, July 13, 2014 TakePart, Forget Ag-Gag Laws: This Summer’s Legal Fight Is Over the Right to Farm, July 10, 2014 Arizona Daily Sun, Agriculture industry seeks to create right to farm, July 10, 2014 Southeast Missourian, Nixon leans against right-to-farm ballot measure, July 9, 2014 Springfield News Leader, Amendment aids Big Ag, not farmers, July 9, 2014 KBIA 91.3 Missouri Public Radio, Would Right To Farm Ballot Question Protect Family Farms Or Ag Corporations?, July 7, 2014 Lake News Online, Missouri lawmakers send 8 issues to voters, May 24, 2014 Southeast Missourian, Opinion: The truth about Right to Farm Amendment, April 22, 2014 Ozarks First, Farmers Weigh In On The Right To Farm, March 22, 2014 St. Louis Public Radio, Showdown Looms Over Right To Farm Amendment, January 26, 2014 News Tribune, Former lawmakers leading effort to oppose ‘Right to Farm’ amendment, January 22, 2014 Harvest Public Media, How would you vote on Missouri’s ‘Right-to-Farm’ amendment? May 21, 2013 Farm Foundation, Right-to-Farm Laws: History & Future Journal of Soil and Water Conservation, Right-to-farm laws: Do they resolve land use conflicts? November-December 1983 References ↑ MyNWMO, Lawmakers send right-to-farm measure to 2014 ballot, May 15, 2013 ↑ Open States, Missouri 2013 Regular Session HJR 11, accessed May 26, 2014 ↑ 3.0 MissouriNet, Senate sponsor OK with transportation tax on August ballot, May 26, 2014 ↑ 4.00 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source. ↑ Missouri Secretary of State, 2014 Ballot Measures, accessed July 26, 2013 ↑ Missouri House of Representatives, HOUSE JOINT RESOLUTION NOS. 11 & 7, accessed May 28, 2014 ↑ 7.0 Farm Foundation, RIGHT-TO-FARM LAWS: HISTORY & FUTURE, accessed May 26, 2014 ↑ American Farmland Trust, Fact Sheet: Right-to-Farm Laws, 1998 ↑ Congressional Research Service, Agriculture: A Glossary of Terms, Programs, and Laws, 2005 Edition, June 16, 2005 ↑ 10.0 St. Louis Beacon, Proposed right to farm constitutional amendment likely to end up in court, June 17, 2013 ↑ Missouri Revised Statues, Chapter 537 Torts and Actions for Damages Section 537.295, accessed May 28, 2014 ↑ 12.0 Missouri Farmers Care, Endorsements, accessed May 26, 2014 ↑ 13.0 News Leader, Farmers, lawmakers divided on Right to Farm, June 30, 2014 ↑ Associated Press, Attorney General Koster backs Missouri right-to-farm amendment on August ballot, July 9, 2014 ↑ Drovers CattleNetowrk, Right to farm clears hurdle, ready for November ballot, May 14, 2013 ↑ Missouri Farmers Care, Missouri Farming Rights Amendment, accessed May 26, 2014 ↑ Missouri Farmers Care, The Right to Farm Amendment – A perspective by attorney Brent Haden, October 23, 2013 ↑ 18.0 League of Women Voters Voter Guide, Constitutional Amendment 1, accessed July 21, 2014 ↑ 19.0 Franklin County Democrats, Primary Election Day, August 5th Ballot Measures, July 8, 2014 ↑ 20.0 Missouri Ethics Commission, Ballot Measures by Election Search, accessed July 24, 2014 ↑ MASW, MASW Calls for No Votes On Amendments 1, 5, and 7, accessed July 15, 2014 ↑ The Joplin Globe, Neosho lawmaker stands by ballot proposal on farming, July 16, 2014 ↑ 23.0 Constitution Party of Missouri, Contact Us, accessed July 22, 2014 ↑ St. Louis Post-Dispatch, Missouri amendment could hurt family farms, February 3, 2014 ↑ Quincy Journal, Right to Farm in Missouri is seeing some backlash, accessed May 26, 2014 ↑ Associated Press, Opponents rally against Missouri right to farm, June 20, 2014 ↑ Associated Press, Analysis: Timing of elections can have political, legal effects for Missouri ballot measures, July 6, 2014 ↑ 28.0 The National Ag Law Center, Governments and Unconstitutional Takings: When Do Right-To-Farm Laws Go Too Far?, May 2007 ↑ Southeast Missourian, Editorial: Our take on August ballot issues, July 27, 2014 ↑ Springfield News-Leader, Our Voice: Wrong way to protect farms, July 26, 2014 ↑ News Tribune, Our Opinion: Right to Farm amendment lacks substance, June 8, 2014 ↑ The Ozarks Sentinel, Why smart Missouri citizens need to defeat the Right To Farm scam, accessed July 24, 2014 ↑ St. Louis Post-Dispatch, Editorial: Right-to-farm amendment is a waste of time. Vote no., June 16, 2014 ↑ The Kansas City Star, Vote ‘no’ on Missouri ‘right to farm’ amendment in August, June 23, 2014 ↑ The Joplin Globe, Our View: Who’s calling the shots?, July 8, 2014 ↑ The Joplin Globe, Our View: Vote no on Amendment 1, July 13, 2014 ↑ Columbia Daily Tribune, ‘Right to farm’ What’s this all about?, July 15, 2014 ↑ Missouri Liberty Project, Missouri Liberty Project Spotlights Overwhelming Support for Constitutional Amendment, April 3, 2014 ↑ Missouri Liberty Project, New Poll Shows Nearly 70% Support for Right to Farm, accessed May 27, 2014 ↑ Missouri Scout, MOScout Poll on Issues, February 3, 2014
Posted on: Tue, 29 Jul 2014 06:18:17 +0000
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