Missouri Judicial Appointment Amendment, Amendment 3 (2012)

From Ballotpedia
Jump to: navigation, search
Judicial Appointment Amendment
Flag of Missouri.png
Quick stats
Type:Constitutional amendment
Constitution:Missouri Constitution
Referred by:Missouri State Legislature
Topic:State judiciary
Status:Defeatedd
The Missouri Judicial Appointment Amendment was on the November 6, 2012 ballot in the state of Missouri as a legislatively-referred constitutional amendment, where it was defeated. The amendment would have granted the governor the power to appoint 4 persons to the Appellate Judicial Commission, the body responsible for choosing nominees for the Court of Appeals and the Missouri Supreme Court. The governor had power to choose three of the seven total members at the time this proposal was made.[1]

Election results

See also: 2012 ballot measure election results

The following are official election results

Missouri Amendment 3 (2012)
ResultVotesPercentage
Defeatedd No1,929,47076%
Yes 608,458 24%

Results via Missouri Secretary of State

Ballot text

The ballot summary of the measure, according to the Missouri Secretary of State:[2]

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

Shall the Missouri Constitution be amended to change the current nonpartisan selection of supreme court and court of appeals judges to a process that gives the governor increased authority to: appoint a majority of the commission that selects these court nominees; and appoint all lawyers to the commission by removing the requirement that the governor's appointees be nonlawyers?

Support

No formal campaign in favor of the measure was identified by Ballotpedia.

Opposition

No formal campaign in opposition of the measure was identified by Ballotpedia.

Lawsuit

List of ballot measure lawsuits in 2012

Legislator lawsuit

The ballot summary of the measure was under scrutiny, with legislative figures who support the measure stating that the summary, provided by the Missouri Secretary of State, was misleading to voters. A subsequent lawsuit was filed with Cole County Circuit Court.[2]

Sen. Jim Lembke (R-1), who sponsored the measure, stated about the Missouri Secretary of State's measure summary, "She misuses her power to manipulate the process, and I believe that this is more evidence that she's been a dishonest broker of partisan politics."

However, Secretary of State spokesman Ryan Hobart stated about controversies surrounding 2012 ballot measure summaries, "This office has always followed our legal obligation to provide Missourians with fair and sufficient summaries of ballot initiatives, and this summary is no different."[2]

The court ruled in favor of the secretary's office, stating, "We are pleased with the Cole County Circuit Court’s decision today regarding Constitutional Amendment 3 (SJR 51). The secretary of state's office has a legal obligation to provide Missourians with fair and sufficient summaries of ballot measures. The judge’s decision supports our position that the summary drafted by our office meets that legal standard."[3]

Path to the ballot

See also: Missouri legislatively-referred constitutional amendments

In order to qualify for the ballot, the measure required approval by a majority of the members of each chamber of the Missouri General Assembly.

The House approved the measure 84-71 on May 10, 2012, thus sending it to the ballot.[1]


See also

BallotpediaAvatar bigger.png
Suggest a link

External links

References