In these four statements, a damning account of how Kansas makes law by strong-arming lawmakers

House Speaker Dan Hawkins, R-Wichita, confers with representatives at the Kansas Statehouse on March 5, 2024. (Sherman Smith/Kansas Reflector)

Let’s consider four statements today about Kansas legislative leadership — and what those statements suggest about how bills become law in our state. Let’s consider if the way we legislate upholds the virtues of collegiality and good-faith debate we expect from representative government. Let’s consider what they mean as the Legislature returns this Thursday for a veto override session.

Let’s consider, in other words, if we’re making fools of ourselves.

I’m going to present the statements one right after the other, with just a splash of context about when and where they were said. Bear with me here. You’ll see where I’m heading soon enough.

Hawkins said the state has to set priorities: Does it want Medicaid expansion or good roads and quality schools?

That sentence comes from the news article “Kansas House speaker meets opposition as he makes case against Medicaid expansion in Plainville,” by Dale Hogg, referring to Kansas House Speaker Dan Hawkins, R-Wichita.

“Our friend Rob Olson would probably tell you that he feels very much that his removal as chair of a committee, a movement from certain committees, was totally the result of his vote against a bill last year that was supported by leadership. I will tell you, and this is from people throughout the Legislature, Topeka feels like a very punitive place, currently. That if you don’t go along with the things that are being pushed by leadership, that people are a little bit scared, feeling like they’re walking on eggshells.”

Sen. Cindy Holscher, D-Overland Park, gave her take on lawmaking under pressure at a March 30 forum sponsored by the Johnson County Library. Watch the whole event online.

“There’s not one leader in here that controls us. This is not a dictatorship. You might lose your committee chair, you might lose your committee position, but you work for the people in your district. That’s who you work for.”

That’s Sen. Rob Olson, R-Olathe, speaking about a tax bill late March 14, as reported in “Kansas Senate clears flat tax plan after heated discussion,” by Kansas Reflector reporter Rachel Mipro. He was removed from committee leadership in 2023 by Senate President Ty Masterson.

Carrie Rahfaldt, spokeswoman for House Republican leadership, didn’t respond to an inquiry asking about the fate of the bill and the use of veterans for political purposes.

Our final statement comes from the March 21 article “Bill protecting Kansans veterans from ‘claim sharks’ vaporized after flat tax failed,” by Kansas Reflector editor Sherman Smith.

These sentences form a dot-to-dot picture. Trace one to the other, and they reveal a disturbing picture of how Kansas generates policy and passes law.

Instead of actually explaining his opposition to Medicaid expansion, the House speaker appears to threaten education and road funding. If Hawkins makes such statements publicly, one has to wonder what lawmakers at the Statehouse have heard behind closed doors.

We then hear Holscher explain that lawmakers in both chambers feel like they’re “walking on eggshells” because of leadership pressure. As support for her statement, we know Olson gave a speech urging his fellow lawmakers to stand up to do what’s right. Finally, a spokeswoman chooses not to respond to a story revealing that a critical piece of legislation meant to help veterans disappeared after a flat tax override vote flopped.

Kansas legislating appears to come down to threats, fear, retribution and stonewalling. Those granted the enormous power and responsibilities of leadership have pursued ideological vendettas and seem to have doled out punishments for those who stood in their way.

With a handful of exceptions, including Holscher and Olson, lawmakers don’t go public with their experiences or complaints.

 

Pressure campaign

Legislative leaders twist arms. Anyone writing about politics in any era has to acknowledge that. The legendary status of Lyndon B. Johnson, “Master of the Senate,” proves that.

Yet the traditional concept of legislative wrangling involves give and take. If you ask for something as a leader, you offer something in return. You acknowledge the various situations of your members and work to find solutions and create coalitions. At certain points a firmer hand may be required. But you cannot long survive if you default to threats and scare tactics. If you only punish and never reward, you eventually find yourself in a perilous political position of your own.

Now, that might not happen right away. It might take several terms to reach such a point, and then a particularly mean-spirited leader may decide to simply retire.

Whether you tell the story long or short, the Statehouse appears broken.

Kansas lawmakers face multi-session punishment if they don’t vote a specific way on specific high-profile bills. That could include losing committee spots or having legislation pulled from consideration. We have seen evidence that this happens. We have also seen evidence — such as the mealy-mouthed responses of Republicans at the Johnson County forum — that lawmakers avoid addressing the subject.

Hawkins himself apparently felt comfortable enough in Plainville to voice a thinly veiled threat to those present. Kansans can enjoy Medicaid expansion or education and roads, he said. You can’t have all three.

Why not? Because Hawkins won’t let you.

Kansas lawmakers may want to avoid this topic like D.C. Republicans once wanted to avoid tweets from former President Donald Trump, but they have a responsibility. Allow me to address them all directly for a moment.

Hello, Republicans. Looking forward to Thursday? No? Interesting.

You own the arms being twisted. You have a role, a choice and a voice all your own. Don’t like how you’re being treated? Say something, and say it loudly. Journalists aplenty would be interested. If you don’t want to talk to us, write up a post for your social media accounts. That’s how everyone learns the news these days, I hear.

Worried about leadership supporting someone else in your primary? Worried about big money interests taking aim at your seat? Make plans to actually run a campaign over the summer. Invest in yourself and your message, for goodness’ sake. And if you don’t believe one policy or another should be enacted? Don’t let yourself be bullied. As Olson said, you could pay a price, but you’ll actually be representing your constituents rather than the political powerbrokers.

I don’t want to confine my words to Republicans. Were Democrats to control either chamber, one has to assume they would wrangle their party members. Their retribution can come from other directions. Just last session, we saw Gov. Laura Kelly extract a political price from renegade Democratic Rep. Marvin Robinson by vetoing a line item benefiting the Quindaro Ruins historic site.

Yet here and now, with Kansas politics in their current form, Republican legislative leaders wield most of the power to punish.

Unless their members push back, regardless of the real or imagined consequences, that won’t change.

Clay Wirestone is Kansas Reflector opinion editor. Through its opinion section, Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary, here.

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