Lawmakers reflect on legacy of Marvin Robinson

The Aug. 22 death of Rep. Marvin Robinson II, D-Kansas City, caught many lawmakers by surprise. 

Multiple government officials told State Affairs that Robinson, 67, was battling a serious ailment that he only recently discovered. 

“I’m heartbroken and saddened about the passing of Marvin, and did not even realize he was as sick as he was,” Kansas Democratic Party Chair Jeanna Repass said. “And so we send our deepest condolences to him and his family, friends and community that supported him.” 

Robinson’s funeral service is tentatively scheduled for Sept. 7 at Young Memorial Church of God in Kansas City, Kan. The start time for the service has not yet been announced. 

“We are deeply saddened by this great loss,” House Speaker Dan Hawkins, R-Wichita, said Friday on Facebook. “Please join me in prayer for his family, friends, and colleagues. Rest in peace, friend.”

“I pray his friends and family find comfort in his memory as they mourn,” said House Minority Leader Vic Miller, D-Topeka, in a statement issued on Monday.

Robinson served one term as a representative for House District 35. He sought to retain the seat but was defeated by Wanda Brownlee Paige on Aug. 6 in a crowded primary field. 

Robinson’s term doesn’t expire until Jan. 2025, but Wyandotte County Democratic party officials may tap Robinson’s’s replacement during a meeting scheduled for Thursday. The agenda will likely include an official vote on the matter by Wyandotte County precinct captains, according to Repass. 

 “It is our hope and desire that they pick Wanda because she is the person the people have chosen to represent them,” Repass told State Affairs on Monday. 

Robinson often broke ranks with Democrats on major policy issues, even casting the decisive vote that overturned Gov. Laura Kelly’s veto of legislation cementing a transgender athlete ban at colleges and K-12 schools. And despite Miller’s many “political differences” with Robinson, he called him “a friend and mentor to many.”

“There’s no question he contributed in historic ways to his community, following in the footsteps of his family’s leadership,” Miller said, referencing Robinson’s cousin and House District 35 predecessor, Broderick Henderson

Repass said Robinson’s overall voting record “did not reflect the will of his constituency,” but added that she respected his advocacy efforts aimed at preserving the Quindaro townsite ruins in Kansas City, Kan. 

Quindaro was considered a vital entry point to Kansas for escaped Missouri slaves along the Underground Railroad beginning in 1857. 

“Quindaro is a significant part of Kansas’ history in the fight for freedom and equality, but for too long, our community has lacked the proper investments needed to preserve this important site,” U.S. Rep. Sharice Davids, D-Kansas, said in a news release last year  during a push for Quindaro townsite to receive designation-status as a historic landmark.

Sen. David Haley, D-Kansas City, said Robinson’s activism related to Quindaro dates back at least three decades. He said that Robinson’s advocacy efforts, “sometimes with a bullhorn,” aided Quindaro township from being converted into a landfill. 

“And that reverberated over 30 years ago,” Haley said, adding that Robinson used his unique knowledge of Quindaro townsite to educate the general public and elected leaders about its historical context and true meaning as a community treasure. 

“And its meaning to American society as well,” Haley said. 

Robinson was also a military veteran, having served in the Navy. Kelly has ordered flags on all state buildings, grounds and facilities to be flown at half-staff until sundown on the day of Robinson’s burial service.

“Representative Robinson showed a commitment to public service throughout his time in the Navy and the Kansas Legislature,” Kelly said in a news release. “My thoughts go out to his friends and family during this difficult time.”

Matt Resnick is a statehouse reporter at State Affairs Pro Kansas/Hawver’s Capitol Report. Reach him at [email protected]

Supreme Court won’t hear fight over Rokita job opinion

The Indiana Supreme Court has declined to take up a case seeking to force the public release of an ethics opinion on whether Attorney General Todd Rokita could continue working for a private business while serving in office.

The Supreme Court did not explain its decision not to consider an appeal of an April decision issued by the state Court of Appeals that sided with Rokita. The Supreme Court said Monday all five justices concurred with the action.

The appeals court’s 3-0 decision rejected arguments that the Legislature violated the state constitution by retroactively changing the law amid an ongoing lawsuit over Rokita’s refusal to release the ethics opinion from the state Inspector General’s Office.

Rokita cited that advisory opinion in his decision to continue working for the Indianapolis-based Apex Benefits after taking office as attorney general in January 2021.

The appeals court’s decision reversed a Marion County judge’s order that the ethics opinion issued to Rokita in 2021 should be released under the state public records law.

Attorney William Groth, who represents voting rights activist Barbara Tully in the lawsuit, argued the Legislature’s action in passing a retroactive law violated the separation of powers between the legislative and judicial branches.

The appeals court, however, ruled that such a constitutional violation had not occurred since the lawsuit against Rokita had not reached a final action by a Supreme Court decision or a lower court opinion that had not been appealed.

Rokita announced in March 2021 he was giving up his involvement with Apex, but Tully filed the lawsuit against him after the Attorney General’s Office turned down her public records request for the ethics opinion.

Groth told State Affairs on Monday that he hoped “for the sake of transparency” that Rokita would now release the inspector general’s opinion.

Groth pointed out that Republican legislators acted in 2023 to protect the opinion issued to Rokita just months after the Marion County judge had ruled the ethics opinion should be released.

“We will leave it to others to opine whether allowing the Legislature to interfere in ongoing litigation in this manner is sound public policy or consistent with the separation of powers,” Groth said.

Tom Davies is a Statehouse reporter for State Affairs Pro Indiana. Reach him at [email protected] or on X at @TomDaviesIND.

Wichita psychiatric hospital construction set for 2025

The South Central Regional Psychiatric Hospital is on track to start construction in February, a Kansas Department for Aging and Disability Services official said Monday.

The psychiatric hospital — Kansas’ third, with the other two in Larned and Osawatomie — will be built at MacArthur Road and Meridian Avenue in southwest Wichita.

Scott Brunner, deputy secretary of hospitals and facilities, said the project reached a significant milestone when the Sedgwick County Commission approved the land donation agreement. The closing date is Aug. 30, he told the Bethell Joint Committee on Home and Community Based Services and KanCare Oversight.

“We’ve not run into any significant problems with the closing process,” Brunner said, “so hopefully we’ll have our site all buttoned up and ready to start the construction process by the end of this month.”

The department expects construction to last from February 2025 to August 2026.

“We hope we can announce a groundbreaking early in 2025 to stay on that timeline,” he added.

Brunner said the department on Friday received 50% of the construction documents for the facility’s design.

The request for proposals will open Oct. 24, with responses due by Nov. 22 and the selection process taking place in December, according to meeting documents.

Sedgwick County is leading the proposal process, Brunner said.

In May, Gov. Laura Kelly signed an omnibus bill that included $26.5 million for the hospital to build 104 beds instead of 52 as originally proposed.

“That’s the recommendation that our advisory panel made and you all have endorsed that as well,” Brunner said. “That gets us on a very good footing. As we put the bid documents out, we’re not putting it out in phases. It’s all one project.”

FY 24 reimbursements

The department spent $9 million in fiscal year 2024 to reimburse entities for their care of patients going to the state’s two existing psychiatric hospitals.

Brunner spoke to the committee about two 2023 bills that directed the department to provide reimbursement for costs related to delays in admission to the two state hospitals in Larned and Osawatomie.

Senate Bill 228 reimburses counties $100 per day for holding a person in custody while awaiting an evaluation or treatment to restore competency to stand trial.

House Bill 2184 provides payment for health care providers, law enforcement and other county entities for observation and transportation of someone being involuntarily committed.

The department paid out $7.85 million under SB 228 and $1.2 million under HB 2184.

Brunner said judges, not law enforcement, decide whether patients require their competency evaluated or restored. He said he doesn’t believe the incentives are there for law enforcement.

“We’ve made this process as simple as we can figure it out, but I don’t think it’s so easy that there’s enough incentive to try to game the system to have the counties make money off this,” he said. “At $100, they’re not making money on this at all.”

Committee chair Rep. Brenda Landwehr, R-Wichita, said her county’s sheriff “would love to see [patients] out of his facilities.”

A goal of the new Wichita hospital is to shorten the wait times on pending evaluations and treatments.

Bryan Richardson is the managing editor at State Affairs Pro Kansas/Hawver’s Capitol Report. Reach him at [email protected] or on X @RichInNews.

Holcomb’s 25th international trip to feature stops in Slovakia, Italy

Gov. Eric Holcomb will visit Slovakia and Italy this week with the aim of “cultivating defense and economic development opportunities,” his office said Monday. The trip will be his 25th international economic development trip as governor and his fifth this year.

Indiana Adjutant General Dale Lyles will join Holcomb when he meets with Slovak government leaders Tuesday to commemorate the 80th anniversary of the 1944 Slovak National Uprising. In addition to attending anniversary ceremonies, the two are scheduled to visit Hoosier soldiers and airmen in Slovakia.

The Slovak Armed Forces and the Indiana National Guard have worked together since 1994 through the State Partnership Program, which connects U.S. states with partner countries, with the goal of sharing ideas and increasing military capabilities.

The visit marks Holcomb’s third trip to Slovakia as governor. He previously visited the country in 2018 and 2022.

Holcomb will travel from Slovakia to Italy on Saturday. In Milan, he and Indiana Economic Development Corp. representatives are scheduled to attend the 2024 Formula 1 Pirelli Gran Premio d’Italia. Holcomb expects to meet with racing industry leaders, including representatives of Arrow McLaren Racing, Prema Racing and Sparco, his office said.

Holcomb said in a Monday news release that he intends to “build upon Indiana’s front-row seat in the growth and innovation in the future of motorsports and life sciences.”

In Italy, Holcomb will also meet with government officials to discuss “Indiana’s strong ties with Italy’s Lombardy region, which is known for its strengths in the automotive sector,” the release said. Indiana has 35 Italian business facilities, mainly focused on racing and the mobility supply chain.

The visit will be Holcomb’s second to Italy as governor. He last traveled to the country on official business in 2018.

“The cost of the governor’s travel is being paid through private donations to the Indiana Economic Development Foundation,” the release said, “and the travel costs in Slovakia will be paid for by the Indiana National Guard.”

Holcomb has made economic development a top focus of his last year in office by touting the state’s READI 2.0 program and hosting an international investment summit in Indianapolis.

Last month, the governor’s previous international economic development trip took him to Australia and Singapore.

Contact Jarred Meeks on X @jarredsmeeks or email him at [email protected].

Messmer quits state Senate ahead of congressional election

Republican state Sen. Mark Messmer will resign from his legislative seat effective Sept. 3 — two months before his anticipated election to Congress.

State Republican Party officials have scheduled a Sept. 4 caucus of precinct committee members in Senate District 48 to select someone to complete the last two years of Messmer’s Senate term. At least two Dubois County officeholders and a top Indiana State Police official have announced candidacies for the Senate seat.

Messmer: Focusing on U.S. House campaign

Messmer won the crowded Republican primary in May for the 8th Congressional District seat that opened when Rep. Larry Bucshon decided not to seek reelection to the seat first won in 2010.

State Senate Republicans released a statement Monday from Messmer in which he said he notified Senate leadership last week that he was resigning to focus on his upcoming congressional campaign.

Messmer’s congressional campaign did not immediately reply Monday to messages from State Affairs seeking additional comment about the timing of his resignation and whether he was endorsing a candidate to replace him. 

Messer’s legislative office said he declined to release a copy of his resignation letter.

Messmer is the heavy favorite to win the congressional district covering much of western and southwestern Indiana.

He faces Democrat Erik Hurt and Libertarian Richard Fitzlaff in the general election. Messmer has raised more than $1 million for his campaign, while the others have not reported any fundraising to the Federal Election Commission.

Messmer, the owner of Messmer Mechanical in Jasper, won his first legislative election to the Indiana House in 2008 and successfully ran for the Senate in 2014. He won reelection in 2022 with 72% of the vote over Democrat Jeff Hill.

Eighth District Democratic Chair Dave Crooks, a former Indiana House member, said he was perplexed by the timing of Messmer’s Senate resignation ahead of the congressional election.

“After he won the primary, I said it would be pretty tough to stop him,” Crooks told State Affairs. “But from an optic standpoint, if I was advising him, I would want him to stay put.”

Vacancy jockeying underway

Even before Messmer submitted his Senate resignation, Dubois County Clerk Amy Kippenbrock, Dubois County Councilman Daryl Schmitt and Indiana State Police Maj. Todd Smith announced candidacies for the legislative seat.

Kippenbrock is in her second term as county clerk, winning election in 2018 with 57% of the vote and running unopposed in 2022. She is vice chair of the Dubois County Republicans.

Schmitt is in his second year on the county council after winning a Republican caucus to fill a vacancy. He describes himself as a farmer who also works in seed sales.

Smith, an attorney, is chief legal counsel for the Indiana State Police and has 37 years in trooper and leadership positions. Smith has a Rockport residence and his wife, Sherri Heichelbech, is the Spencer County sheriff.

State Rep. Shane Lindauer, R-Jasper, told State Affairs he would not run to replace Messmer and would continue his campaign for reelection to the House.

The Senate district covers Crawford, Dubois, Gibson, Perry, Pike and Spencer counties — a mostly rural area north and east of Evansville.

The Republican Party caucus to select Messmer’s Senate successor is scheduled for 7 p.m. Sept. 4 at Jasper High School. 

The filing deadline for candidates is 72 hours before the caucus, according to the state Republican Party.

This story has been updated to include Todd Smith’s candidacy for state Senate seat.

Tom Davies is a Statehouse reporter for State Affairs Pro Indiana. Reach him at [email protected] or on X at @TomDaviesIND.

Date for Ragan election challenge up in the air after objections raised to remote meeting

The Tennessee Republican Party’s state executive committee’s effort to quickly hear and decide incumbent Rep. John Ragan’s challenge of his 258-vote GOP primary loss to Rick Scarbrough on Aug. 1 is beginning to resemble a rickety amusement park roller coaster ride, packed with nasty twists, turns and other surprises.

Originally scheduled for Monday evening, the hearing has now been pushed back indefinitely.

Ragan is contesting his loss on the basis that Democrats poisoned the GOP primary well by illegally crossing over in large numbers to vote for Scarbrough, a former Clinton police chief, in House District 33 in Anderson County. He says 197 ballots were cast by people who had voted in only Democratic primaries over the previous four contests. He also says 94 had voted Republican once during that span, but for Democrats in the others.

Tennessee law requires primary participants to be “bona fide” members or “affiliated” with the party. But it doesn’t define the terms, which has led to pending litigation. 

In his push for the executive committee to restore him to the nomination, Ragan appeared to cite an outdated version of the Tennessee Republican Party bylaws in trying to establish that voters must have cast ballots in the last two primaries in order to be considered “bona fide.” The provision in question applies to people who want to run as GOP candidates — not casting a vote — and the current standard is three out of four primaries. 

Ragan’s data doesn’t indicate how many voters in his contests had participated in at least three-quarters of the most recent GOP primaries. 

Scarbrough and others, including a number of executive committee members, argue it’s equally plausible that an unknown number of Democrats might also have cast ballots for Ragan. It’s a secret ballot after all.

A Golden dilemma 

State Republican Party Chair Scott Golden had been planning to hold a Zoom call on Monday for the 66-member State Executive Committee to thrash out the issue. But unbeknownst to Golden, GOP lawmakers last year gutted the COVID-19 pandemic law allowing them to conduct emergency sessions online. It must be done in-person, according to State Comptroller Jason Mumpower, who acknowledged to The Tennessee Journal he delved into the issue after it was raised to him by Ragan, a former Air Force pilot and the meticulous and doctrinaire chairman of the House Government Operations Committee. 

While the GOP bylaws give the chair “the authority to set the agenda, rules, and order for the hearing,” the also requires it to be held under open meetings requirements set by state law.

Golden said in an interview over the weekend that he sought to hold a Sept. 7 meeting at the state’s Library and Archives Building, where a large conference room has easily accommodated members and other attendees. But that turned out to be a dead-end, as the room is already committed to someone else. Moreover, the time overlaps with the kickoff for a University of Tennessee football game and also conflicts with the Tennessee Firearms Association’s annual fundraiser.

Golden said he was caught off guard to learn of the 2023 change in state law requiring SEC members to meet in person. He only learned of that late last week. 

“The Tennessee Republican Party has always since my time, going on 18 years ago, conducted these election challenges via conference calls or technology of Zoom,” Golden said in an interview. “This time around I was informed there was an update … that requires us to be physically present at a meeting and has additional requirements as well.”

As a result, Golden said, “we will be canceling our call on Monday night and rescheduling it for a Saturday we think most members might be able to attend an in-person meeting to hear the only election challenge I think we’re going to have.”

Party bylaws ban proxy votes in election challenges.

A modest proposal

On Sunday, SEC member Ken Meyer of East Ridge and a former state representative, sent an email to the 66-member body in which he said no one likes to lose an election. But he noted SEC members have dealt with similar challenges in the past. 

“The candidate and supporters on the losing side begin to see a ‘conspiracy’ propagated by the opposition party in an effort to win an election by nefarious means,” Meyer wrote. 

“Like many of you, I have been on the winning side of elections and I have been on the losing side of elections,” Meyer said, noting he understands the “frustrations and the emotions.”

But Meyer said it is “incumbent” on the executive committee “to rise above the conspiracy arguments and look at the facts of the allegations under the umbrella of our duties and responsibilities as a state primary board.” 

While Meyer considers Ragan a “very fine man” who has served well, “these circumstances do not support the allegations at any level and in my opinion should not even be formally considered” to overturn duly certified election results.

“Disenfranchising thousands of Tennessee voters who have made their selection clear, is abhorrent to me,” Meyer said. “It also would send a very dangerous message across this state and the nation that we, the members of the SEC, do not have faith in the integrity of our electoral system.”

Meyer argues that in the discussion to overturn election results, the only votes up for consideration are those who have voted in a Democratic primary in the last four elections. 

According to Ragan’s calculations, that comes down to this:

Four out of four Democratic primary votes: 22

Three out of four Democratic primary votes: 56

Two out of four Democratic primary votes: 48

One out of four Democratic primary votes: 71

Total: 197 votes.

“This is obviously not enough to change the outcome of the election,” Meyer wrote in his email. “Furthermore, of that total, Mr. Ragan is implying a highly implausible argument that every one of those votes were cast for his opposition and none of them were cast for him. It has been a few years since I studied statistics but I would characterize this as statistically improbable.”

Meyer also noted that Ragan is also trying to make an argument that 420 voters with no voting history should be disallowed. That, Meyer said, “again assumes all 420 of those votes were cast for his opponent. Absent any evidence of collusion or campaign shenanigans, I attribute this number to new Tennessee voters, those coming of age, new residents or simply those who only now find it important.

“For those who remember their statistics class, the odds are extremely high that the distribution of these votes would follow the same broader distribution curve and would deliver a negligible impact on the overall results.”

The GOP SEC has routinely shot down similar attempts to overturn primary elections in the past.

Kansas Daily News Wire August 26, 2024

Welcome to the Kansas Daily News Wire, your daily roundup of top state and political stories from newsrooms across Kansas. — Hawver’s Capitol Report/State Affairs

STATE

Rep. Marvin Robinson dies at 67: Rep. Marvin Robinson, D-Kansas City, died Thursday at age 67. (Richardson, State Affairs)

17 hospitalized, 115 treated for heat-related illnesses at Frontiers in Flight airshow: McConnell Air Force Base said 115 people at the Frontiers in Flight airshow received medical treatment on Saturday. 17 were hospitalized. (KSN Wichita)

Kamala Harris’ ascent to top of ticket inspires Black female Democrats: Kamala Harris’ meteoric rise to the top of the Democratic presidential ticket has touched several Sunflower State politicians on a personal level. (Resnick, State Affairs)

Meet 4 incoming lawmakers set to walk into the Statehouse unopposed: While most candidates will face contested races this November, 13 newcomers are already assured of a seat at the Statehouse next session. (Stover, State Affairs)

It’s tarantula season in Missouri & Kansas: The tarantula crossed the road, and it wasn’t just to get to the other side. In late August and early September, Texas brown tarantulas are especially active in Kansas and Missouri as they seek out mates. (The Kansas City Star)

LOCAL

‘A kinetic energy’: Kansas Democratic party boss shares spotlight at national convention: Kansas Democratic Party Chair Jeanna Repass’ voice reverberated throughout the United Center and on televisions across the country Tuesday evening. (Resnick, State Affairs)

College student, 21, drowns while swimming with friends in Kansas river: A 21-year-old man drowned Saturday while swimming with friends in the Neosho River in southeast Kansas. (The Wichita Eagle)

Statehouse Briefs: Kansas Chamber PAC endorses 117 GOP candidates in general election: The Kansas Chamber Political Action Committee is backing 117 “pro-jobs” candidates — all Republicans — for the Kansas Legislature. The group comprises 31 Senate candidates and 86 House candidates. (Richardson, State Affairs)

Clear the Shelter Day is coming up at Lawrence Humane Society; some pets’ fees are waived now: Clear the Shelter Day, the annual effort to find furever homes for shelter animals nationwide, is coming up soon — but it’s getting an early start this year in Lawrence. (The Lawrence Times)

Republicans threaten $78M in state funding if Memphis ‘goes rogue’ on gun control

House Speaker Cameron Sexton and Lt. Gov. Randy McNally, threatening financial retribution for Memphis if the city goes through with ballot measures on guns in November. Secretary of State Tre Hargett followed up the missive by announcing his office would not approve the ballot unless the questions are removed.

The referendums would ask voters if they want to amend the city charger to restore handgun carry permit requirements, ban rifles like AR-15s and impose “red flag” rules to allow authorities to remove firearms from possession of people found to be a threat to others.

“The Legislature will not tolerate any attempts to go rogue and perform political sideshows,” the speakers said in a statement.

Sexton and McNally argue the measures conflict with state laws, which preempt local ordinances. If the city allows the measures to go to a vote, Republican state lawmakers plan to pursue legislation to withhold state shared sales taxes that would otherwise flow to Memphis. The city received $78 million from that source in the most recent budget year.

“With the recent actions of the progressive, soft-on-crime DA in Shelby County and the Memphis City Council’s continued efforts to override state law with local measures, we feel it has become necessary to take action and protect all Tennesseans’ rights and liberties,” Sexton said in a statement. “We hope they will change course immediately.”

“The Tennessee Constitution clearly outlines the roles and responsibilities of the state and local governments,” McNally said. “Shelby County needs to understand that despite their hopes and wishes to the contrary, they are constrained by these explicit constitutional guardrails.”

While the prospects for any of the measures to survive a legal challenge are dim, Republicans worry that their placement on the ballot could drive voter turnout in the city and make it more difficult for swing-district members like Republican Rep. John Gillespie to hold onto his seat.

Hargett said it was “common sense” for the elections office to block the referendums.

“Memphis has no authority to circumvent state law,” he said. “Our office will not approve a ballot with items already preempted by state law.”

Allan Wade, the attorney for the city council, in a letter to the Shelby Election elections administrator last week said the state local election commission did not have the authority to stop the votes. He cited a 2004 state Supreme Court ruling that found the state couldn’t block a 2004 ballot question about whether the city should impose a payroll tax. The item went before the votes, who rejected it by nearly a 3-to-1 margin.

Sexton and McNally’s proposed punishment would be modeled on a similar law enacted in Arizona in 2016 that provides for the state to withhold local funding if cities pass an ordinance that “violates state law or the constitution of Arizona.” 

Memphis City Council member Jeff Warren told the Daily Memphian there appears to a be “misunderstanding” of what the referendums seek to accomplish.

“This particular bill that we’re putting through won’t be enacted until the state writes laws that allow us to do it,” he told the publication. “And we’re hoping that if the legislators see a large number of millions saying we think we need this, then we hope that what they will do is pass laws that allow cities over a certain size to be able to do the things that are in this referendum.”

Democratic lawmakers from Memphis expressed frustration at the Republican ultimatum.

“It’s beyond troubling that Tennessee Republicans would resort to threats of withholding tax revenue from Memphis simply because our community wants a say in protecting itself,” said Senate Democratic Caucus Chair London Lamar.

“The people of Memphis, like those in other large cities across Tennessee, are desperate for solutions to reduce gun violence,” said Senate Democratic leader Raumesh Akbari. “What we need now is a good faith partnership wit the state, not threats that jeopardize our already scant funding resources.”

Obituaries: Former TVA chair, crime reporter, appeals judges, ex-TBI director

Bill Baxter, a Knoxville businessman who served as state economic development chief and chair of the Tennessee Valley Authority, died of cancer last week at age 71.

Republican Gov. Don Sundquist brought on Baxter, the head of family-founded Holston Gases, as his second commissioner of Economic and Community Development in 1997. Baxter’s time in state government coincided with Sundquist’s about-face on introducing an income tax in Tennessee. Baxter at the time said the state would have to restructure its incentive packages under the plan. But Sundquist’s tax reform efforts ultimately failed.

Editor’s note: A version of this article appeared in the print edition of The Tennessee Journal on Aug. 23. Read the full newsletter here.

When Baxter stepped down from his state government position in December 2000, it fueled speculation about whether he would run to succeed the term-limited governor. Despite the view that he could gather support among the deep-pocketed business community, Baxter was unable to break into double digits in early polls and announced he wouldn’t run the following May. U.S. Rep. Van Hilleary of Spring City went on to win the GOP nomination but lost to Democrat Phil Bredesen in the general election.

Baxter would get crossways with Sundquist in 2001 over a vacancy on the TVA board created by the retirement of Craven Crowell. Sundquist had wanted the job to go to attorney Justin Wilson, the deputy to the governor and a future state comptroller. Sundquist didn’t take kindly to Baxter jockeying for the job as conflict-of-interest questions began being raised about Wilson because of an indirect financial interest in the coal industry. 

After Wilson withdrew from consideration, Sundquist supported the appointment of his legal counsel Courtney Pearre. But President George W. Bush selected Baxter for a nine-year term on what was then a three-member panel. Sundquist nevertheless declared he was “pleased that the nominee is a Tennessean.” The following year, Baxter paid his own way to join Sundquist and Wilson on a nine-day trade mission to Europe. 

Baxter was the TVA chair when Republican U.S. Sen. Bill Frist of Nashville championed a move to expand the TVA board to nine part-time members. Baxter left the board in 2007, saying he had “self-limited” himself to serving five years in the spirit of modernizing TVA governance.

Baxter was questioned in a land deal that led to federal charges against state Sen. Jerry Cooper, D-Morrison, in 2006. As head of the economic development agency, Baxter had approved a $290,000 state grant to improve a property owned by Cooper. Baxter said Cooper had not mentioned he had a stake in the land and that the grant had been approved in the “ordinary course of business.”

Cooper’s indictment said the lawmaker had been “deep in debt and trying to avoid bankruptcy” when he exerted his political influence to get financing for the sale of a lumber mill by showing that it had landed a commitment from the state to fund a rail spur on the property. Federal prosecutors in 2007 designated Baxter as an unindicted co-conspirator in the case against Cooper. 

After Cooper was acquitted, Baxter said he had been blindsided by prosecutors’ characterizations, saying they had unfairly damaged his reputation after not speaking with him since an initial interview. “I have spent 25 years as an ethical businessman and honorable public servant,” he told The Associated Press at the time. The allegations could make people like him “very reluctant to think about public service,” he said. Cooper died in 2020.

The attention didn’t keep Baxter out of the public eye, as U.S. Rep. Zach Wamp signed him on as state finance chair for his 2010 gubernatorial bid. Wamp ended up finishing second in the Republican primary to former Knoxville Mayor Bill Haslam. 

After playing basketball on the freshman team at Duke in the early 1970s, Baxter became something of a super fan. The basement at his home was so decked out in Blue Devils paraphernalia that legendary coach Mike Krzyzewski in a letter called it “Cameron Indoor Arena West.” In 2004, Baxter bought the Wort Hotel in Jackson Hole, Wyoming.

The Knoxville News Sentinel reported that Baxter was an early adopter of stand-up desks, arranging five waist-high drafting tables in a horseshoe as he moved offices between his company, the state Capitol complex and the TVA headquarters. Baxter displayed a plaque inscribed with his favorite James Taylor lyric: “Since we’re only here for a while, we might as well show some style.”

Crime reporter

Mary Jo Denton, the reporter who broke the news of the slaying of longtime state Sen. Tommy Burks, died on Aug. 15 at age 80. Denton covered crime for the Herald-Citizen of Cookeville from 1975 until her retirement in 2014, a span in which more than 20,000 stories carried her byline in the afternoon newspaper. 

Denton first caught wind that something major had occurred when she made a routine call to the Putnam County sheriff on the morning of Oct. 19, 1998, only to be told he was away at a crime scene. A law enforcement source tipped Denton off that Burks had been shot and that his prospects for survival weren’t looking good. While awaiting word on Burks’ fate, Denton dashed off two other stories about a hit-and-run crash and a chemical spill before finally getting a call from the sheriff to confirm Burks had died of a gunshot wound. She turned the story within an hour to meet the paper’s deadline. “I write fast,” she told The Tennessean at the time. “I have to.”

The man eventually charged in the murder was Byron Looper, Burks’ Republican opponent in the Senate race that year. Looper, who had officially changed his middle name to “Low Tax,” tried to subpoena Denton to testify at trial about his tense relationship with local officials because of his penchant for sending out fax blasts alleging corruption in Putnam County. 

Denton and her attorney Hank Fincher asserted her privilege not to testify under Tennessee’s press shield law. Fincher, who went on to serve in the state House and is a current member of the Registry of Election Finance, said Looper’s effort was aimed at preventing Denton from reporting on the trial and his eventual conviction.

In 1994, someone fired a gun at the Denton home, with one bullet tearing through a wall just inches from where her son was sleeping. It didn’t stop her from covering the news. Former Herald-Citizen editor Charles Denning last week remembered Denton as having “the energy of a gymnast and the persistence of a bloodhound.”

Criminal appeals judge

State Court of Criminal Appeals Judge James Curwood Witt of Madisonville died on Aug. 18. He was 75. 

Sundquist appointed Witt to the new appellate seat in 1997. The former juvenile court judge had followed a family tradition to the bench. His father had been a Monroe County circuit judge, his grandfather was the district attorney general, and his great-grandfather was a county judge.

Witt ruled in a 2010 appeal that evidence collected from the decomposing body of a murdered man could be used at trial even though the victim’s whereabouts had been improperly obtained by police because they refused the suspect’s request for a lawyer. Witt wrote in his ruling that the body would have been found by nearby property owners before it had been consumed by maggots.

Witt also wrote a 2017 opinion upholding the right of star University of Tennessee linebacker A. J. Johnson and a teammate to obtain the social media history of a woman who accused them of rape. Witt disagreed with arguments that producing the communications was an invasion of the woman’s privacy and too difficult to assemble. “We hardly think this too onerous a burden when juxtaposed with the defendants’ constitutional trial rights,” Witt wrote. Johnson was later acquitted and went on to an NFL career.

Witt won his most recent retention election in 2022. Gov. Bill Lee will name a successor to serve out the remaining six years of the term.

Former presiding judge

Joe D. Duncan, a retired judge on the state Court of Criminal Appeals and a brother and uncle of congressmen, died Tuesday. He was 100.

Duncan was first elected to the Knox County Criminal Court in 1966 and named to the appeals court by Republican Gov. Winfield Dunn in 1975. He rose to become presiding judge on the panel before retiring in 1990. Duncan was the campaign adviser for his brother John J. Duncan Sr.’s successful bids for Knox County mayor and Congress. And he remained a confidant to John J. “Jimmy” Duncan Jr., a former criminal court judge who won the 2nd Congressional District seat after his father’s death in 1988.

Following Joe Duncan’s retirement from the bench, he was brought back as part of a three-member special appeals court to preside over John Jay Hooker’s legal challenge of the state’s yes-no retention system. Sitting judges had recused themselves. The panel found Hooker didn’t have standing to sue and ruled against another plaintiff’s effort to reinstate popular elections.

TBI director

Mark Gwyn, the first Black director of the Tennessee Bureau of Investigation, died last week of what appeared to be natural causes. He was 61.

Democratic Gov. Phil Bredesen named Gwyn as TBI director in 2004. He unexpectedly stepped down in 2018 saying in a memo to staff “I believe I have done all that I can do.” The agency had been the subject of both an audit and special report by the comptroller’s office that found the TBI had eaten into its reserves to avoid layoffs that otherwise would have been required by state budget cuts. 

The comptroller also looked into allegations Gwyn had used TBI aircraft for personal purposes. The agency refused to share details about flights with anyone outside of the bureau, but records and interviews found no evidence to substantiate any claims of abuse.

Gwyn began his career as a police officer in his hometown of McMinnville in 1985. He joined the TBI three years later as an agent in the criminal investigation division.

Howey Daily Wire Aug. 26, 2024

Good morning!

Robert F. Kennedy Jr.’s name will remain on Indiana’s presidential ballot despite his announcement that he has suspended his independent campaign and endorsed Donald Trump, State Affairs reports. More news below. — Howey Politics Indiana/State Affairs

Kennedy remains on Indiana ballot despite suspending campaign: A noon Friday deadline passed without any voters filing a challenge to Robert F. Kennedy Jr. making the ballot by meeting the state’s petition signature requirement, according to the State Election Division. (Davies, State Affairs)

On the final night of the DNC, Harris shows who she is: After a head-spinning month, Democrat Kamala Harris became just the second offspring of American immigrants to claim a major party nomination. (Howey, State Affairs)

Election matchups 2024: Our elections spreadsheet lists all candidates who will be on Indiana’s general election ballot for federal and state offices, including the latest analysis of all contested races. Watch for updates from State Affairs on the horse races.

STATE

Indiana State Fair attendance jumps despite fewer days: Officials announced the fair drew 854,236 people over its 15-day run of fried food, farm animals, midway rides and entertainers. (Davies, State Affairs)

ISP names Mitchell as CFO: The Indiana State Police announced former state treasurer Kelly Mitchell is the agency’s new chief financial officer. (Mazurek, Inside Indiana Business)

Tomorrow: Medicaid committee to meet — A notice announced the Medicaid Oversight Committee will meet at 9 a.m. in Room 404 at the Statehouse. (Howey Politics Indiana/State Affairs)

Tomorrow: Roads task force to meet: The Funding Indiana’s Roads for A Stronger, Safer Tomorrow task force is scheduled to meet at 1 p.m. in Room 156A at the Statehouse. (Howey Politics Indiana/State Affairs)

Federal medical debt proposal would have significant impact in state: A national proposal to remove medical debt from consumer credit reports could have a significant impact in Indiana, where the percentage of residents with delinquent medical debt is higher than in 39 other states. (Orr, IBJ)

Questions as AES Indiana abandons coal: If all goes to schedule, the Petersburg Generating Station will convert to natural gas by the end of 2026, a conversion that will not significantly increase the plant’s production capacity, raising questions about the state’s increasing power needs. (Russell, IBJ)

Nippon Steel’s $15 billion takeover of U.S. Steel in peril: U.S. politicians from both parties have condemned the prospect that a storied 123-year-old American industrial company would be acquired by a foreign corporation. (The New York Times)

LOCAL

Indy council committee advances proposal to investigate Hogsett administration: An Indianapolis City-County Council committee voted unanimously to investigate allegations of abuse by members of Mayor Joe Hogsett’s administration and campaign. (Blanchard, MirrorIndy)

New advisory commission aims to improve quality of life for Carmel seniors: The Mayor’s Advisory Commission on Senior Living is designed to enhance the quality of life for Carmel’s older residents. (Shambaugh, The Current)

Lucas Oil Stadium, convention center anticipate big revenue jump next year: The Capital Improvement Board of Marion County anticipates a combined $235.8 million in tax and operating revenue next year, a 31% increase from its 2024 budget projection. (Shuey, IBJ)

GENERAL ASSEMBLY

Indiana Farm Bureau work on property taxes continues: At the recent Indiana Farm Bureau delegate session, water, rural broadband and property taxes were again top policy priorities. Taxes keep going higher, but farm income does not, according to Andy Tauer, INFB executive director of public policy. (Eubank, Hoosier Ag Today)

CONGRESS

Mrvan tours federal projects in Region: U.S. Rep. Frank Mrvan, D-Ind., announced he toured Michigan City Harbor, the Indiana Dunes National Park and the Ports of Indiana-Burns Harbor. A news release stated Mrvan helped to secure about $24 million in federal funding for the projects, with Burns Harbor seeking another $30 million in federal grants. (Howey Politics Indiana/State Affairs)

Spartz speaks at Texas energy forum: U.S. Rep. Victoria Spartz, R-Ind., traveled to Texas to be a guest speaker at the U.S. Energy Forum hosted at the Petroleum Club of Houston “to have a thoughtful conversation between the business community and policymakers on energy transition, stability, feasibility and sustainability,” according to a news release. (Howey Politics Indiana/State Affairs)

Congressional schedule: The Senate and House are out.

CAMPAIGNS

Republican candidates featured at Prescott Farms in Winchester: Senatorial candidate U.S. Rep. Jim Banks, R-Ind., lieutenant governor candidate Micah Beckwith, Secretary of State Diego Morales, state Sen. Jeff Raatz and state Rep. J.D. Prescott discussed various issues and pushed for continued GOP leadership in Indiana and the return of former president Donald Trump to the White House. (Cooney, The News Gazette)

McCormick tells Hartford City crowd ‘this is our moment’: Democratic candidate for governor Jennifer McCormick said her polling numbers look good but acknowledged there is a lot of work left to be done. (Cooney, The News Times).

Rainwater touts ‘better government’ at Posey County event: Libertarian gubernatorial candidate Donald Rainwater told attendees at the Posey County Cream the Candidate event that he is focusing on reforming property tax and getting rid of the state excise tax on gasoline. (Newland & Blackmarr, WEHT-TV)

GOP caucus to replace Messmer set for Sept. 4: Indiana Republican Party Chairman Randy Head called a caucus to fill the vacancy in state Senate District 48. The event to replace Sen. Mark Messmer, R-Jasper, will begin at 7 p.m. at the Jasper High School Auditorium, 1600 St. Charles St. (Howey Daily Wire/State Affairs)

St. Joseph County GOP books private screening for Reagan biopic opening: The St. Joseph County Republican Party has booked a theater for a private screening of “Reagan” at Cinemark Movies 14 in Mishawaka on Thursday at 7 p.m. Advance tickets are $15. (Parrott, WVPE-FM)

Report: How Indiana University students vote — IU students showed up in record numbers during the 2020 election, overwhelmingly favoring Joe Biden (82.68%), but both voter turnout and registration among IU students has waned in the years since. (Rosenzweig, The Herald-Times)

PRESIDENTIAL 2024 

Trump pledges to be ‘great for women and their reproductive rights’: Donald Trump attempted to strike a new tone on the issue of abortion, saying he would be “great for women and their reproductive rights” — to the frustration of anti-abortion advocates. (Politico)

Pence concerned with Trump’s comments on reproductive rights: Former Vice President Mike Pence said “Republicans should embrace the language of life, not the language of those who support abortion on demand.” (National Review)

818K jobs correction a problem for Harris: The federal government routinely revises economic data, but it rarely makes a correction as large as it did when the Bureau of Labor Statistics reported America’s economy created 818,000 fewer jobs than it initially thought over the past year. (CNN)

Hill Democrats try to tamp down backlash to Harris’ grocery price gouging pitch: Under pressure to defend Kamala Harris’ grocery price gouging plan, some Democratic lawmakers are delivering a quiet message to anxious allies: Don’t worry about the details. It’s never going to pass Congress. (Politico)

NATION

Oil rises as Israeli strikes on Lebanon put Middle East on edge: Oil advanced as the Middle East braced for escalating conflict after Israel launched a pre-emptive strike on Hezbollah targets in southern Lebanon. (Bloomberg)

White House schedule: President Joe Biden will receive the Daily Brief in the morning. Vice President Kamala Harris will receive briefings and conduct internal meetings with staff.

SUNDAY TALK

Vance: Trump would veto federal abortion ban if bill comes across desk — GOP vice presidential nominee Ohio Sen. JD Vance vowed that former President Trump would not impose a federal abortion ban if re-elected to the Oval Office, adding that Trump would veto such a measure if it were to come across his desk. (Fox)

Cotton: Presidential race will ‘be a close race’ — Republican Sen. Tom Cotton, an ally of Donald Trump, said the presidential race will be a close one and the former president will put in the work to win in November. (ABC)

Sanders: ‘Rough’ campaign ahead but Harris has ‘very good chance to win’ — Two-time presidential candidate Sen. Bernie Sanders predicted the campaign ahead will be “rough” but said he believes Vice President Kamala Harris “has a very good chance to win” the presidential election. (ABC)

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