Missouri ballot news
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| Propositions • | Recall | • Law |
Here you'll find a collection of ballot news stories from Missouri.
Missouri group files petition on referendum for restoring judicial elections
JEFFERSON CITY, Missouri: Better Courts for Missouri on Thursday filed an second initiative petition with the Missouri Secretary of State's Office. This time, it's a petition that would replace the Missouri Plan for selecting appellate judges with direct elections. If approved by the voters in November of 2010, Missouri would have direct elections for the Missouri Supreme Court and the Missouri Court of Appeals like its neighbors in Illinois[1].
An initiative filed earlier in the year by Better Courts for Missouri is in litigation as a result of a lawsuit filed by groups who prefer to continue the practice in Missouri of having a small commission pick the state's high court judges.[1]
In a statement in regards to direct elections, James Harris, the Director of Better Courts for Missouri said: “Direct elections are the primary method of appointing judges in many other states, as well as at the local level in a majority of counties in Missouri. It’s not like this is a new, untested idea. While the group of ambulance chasers that dominates the current process will no doubt voice concern and try to obstruct this attempt to give the people a voice, their concern is based upon the realization that they will no longer be able to use the secrecy and lack of accountability under the current system to bend the court to their will. All along, our goals have been very simple: increasing transparency, increasing citizen control, and reducing the influence of the trial bar.” [1]
Missouri early voting petition approved
JEFFERSON CITY, Missouri: A proposed early voting measure petition was approved for circulation by Missouri Secretary of State Robin Carnahan on October 6, 2009. If the petition for the measure collects the required number of signatures to be put on the ballot, the question would ask voters whether or not the Missouri State Statutes should be amended to allow voters the option of casting ballots in person prior to an election date without an absentee ballot excuse requirement.
The petition must be submitted to the secretary of state's office by no later than 5 p.m. on May 2, 2010. The petition must contain 5% of all registered voters who voted in the 2008 governor's election from the six of the state's nine congressional districts.[2]
Lawsuits filed against Missouri judicial selection ballot measure
JEFFERSON CITY, Missouri: Yesterday two lawsuits were filed in the Cole County Circuit Court against Missouri Judicial Selection Amendment (2010).[3] One lawsuit, filed by Jefferson City attorney Alex Bartlett, argues that the petition for the proposed constitutional amendment did not follow the laws governing the initiative process and should be thrown out.[4] Just last week Secretary of State Robin Carnahan approved the petitions for circulation.[5] The second lawsuit, filed by Jefferson City lawyer Heidi Doerhoff Vollet on behalf of former state Sen. Harold Caskey, argues that State Auditor Susan Montee did not offer an accurate fiscal note. The lawsuit would require for Montee to issue a new fiscal note and thus block circulation of the petitions until the legal battles are settled.[4]
Ballot title approved for Missouri reform of judicial selection
JEFFERSON CITY, Missouri: Yesterday, Secretary of State Robin Carnahan approved the petition form and ballot title language for the Missouri Judicial Selection Amendment, which supporters are trying to place on the November 2010 ballot.
The approved ballot title reads as follows:
Shall the Missouri Constitution be amended to repeal the current nonpartisan court plan for the selection of judges of the Supreme Court, Court of Appeals, and Courts in St. Louis City and Jackson, Platte, Clay, St. Louis, and Greene Counties and to create a new method of selecting such judges through appointment by the Governor with advice and consent of the Missouri Senate?[6]
The proposed ballot measure is supported by Better Courts for Missouri, which works to eliminate the current system that, they say, is prone to being influenced by special interest groups.[7][8] Signatures to place the measure on the 2010 ballot are due by May 2, 2010.[9]
Missouri affirmative action initiative faces another ACLU lawsuit
JEFFERSON CITY, Missouri: On Friday the American Civil Liberties Union (ACLU) filed a second lawsuit against the proposed Missouri Affirmative Action Ban (2010). The ACLU argues that the initiative petition should not be circulated because it violates the Missouri Constitution by "deceiving" and "defrauding" Missouri voters. Additionally, they argue that the Missouri Civil Rights Initiative's proposed initiative would confuse voters by including multiple issues in one initiative and using "unfair and misleading" language.[10]
If the ban on affirmative action goes on the ballot and is approved, it would bar the state from granting preferential treatment to individuals based on race, ethnicity or sex in public employment, education or contracting.
- June 26, 2009: Missouri Circuit Court Judge Richard Callahan ruled against the initiative and rewrote the ballot summary because the language was "inadequate and unfair."
- July 2009: Secretary of State Robin Carnahan announced that he is appealing the court decision made in June.
Group files 7th ballot title lawsuit against Carnahan
SPRINGFIELD, Missouri: Missouri Roundtable for Life filed a lawsuit on July 29, 2009 against Robin Carnahan, saying that her office had written a ballot title for one of their proposed November 2010 ballot measures that would "mislead and confuse Missouri voters as to the plain, simple, and clear meaning” of the proposed amendment.[11]
The Roundtable's petition is a proposal to change the funding stream for the state's Life Sciences Trust Fund, by directing “the first $200 million disbursed” from the fund to “primary healthcare for low-income Missourians, provided that no such funds shall be expended on abortion services, human cloning, or prohibited human research”.[11]
The group has previously tangled with Carnahan over her ballot titles for the Missouri No Public Funds for Stem Cell Research Initiative (2010).
Missouri Lt. Governor fights Employee Free Choice Act
JEFFERSON CITY, Missouri: Earlier last week Lieutenant Governor Peter Kinder spoke out against a federal labor bill called the Employee Free Choice Act. The bill has already passed the U.S. House of Representatives but the Senate has yet to make a final decision. The bill would institute a method called "card check" which would allow union leaders to view signature cards filled out during elections. Currently, under federal law, if 30% of union works sign cards in favor of an election the employers must allow an election. However, Kinder argues that the bill "will be a jobs destroying bill, make no mistake about it."[12] In efforts to thwart the federal legislation, Kinder said that he is supporting the Missouri Save Our Secret Ballot Initiative.[13] To further promote the measure, Kinder plans to visit Springfield, Joplin, Cape Girardeau and Kansas City throughout 2009.[14] The Missouri Save Our Secret Ballot calls for protecting the right to secret ballots in federal, state, and union representation elections.[15] The same initiative has been filed in Arizona, Arkansas, Colorado, Nevada, and Utah.
Missouri man wants state tax repeal in 2012
JEFFERSON CITY, Missouri: A St. Louis resident wants the state of Missouri to repeal state tax on personal property, and wants his proposed measure placed on the November 2012 ballot. Richard La Violette, a banker from Fenton, believes that taxes are a burden to citizens and should be cut to some extent.
Although property taxes help fund public schools and local governments, La Violette believes the government should look elsewhere to fund their budgets. The Missouri man justified his early start to the measure, stating he wanted to gather a substantial amount of professional signature gatherers.[16]
Missouri secretary of state appeals court ruling on affirmative action initiative
JEFFERSON CITY, Missouri: Last week, Secretary of State Robin Carnahan announced that he is appealing a court decision made last month, in which the ballot summary for an initiative limiting affirmative action programs in the state was struck down. According to the judge's ruling, the ballot summary was "unfair" and "inadequate." However, since the court ruling, initiative supporters announced that they will be submitting a new version of the initiative, in another attempt to get the measure on the November 2010 ballot. [17]
Missouri groups plans initiative to reform judicial selection
JEFFERSON CITY, Missouri: Earlier today, James Harris, director of the Better Courts for Missouri group, announced that the organization would be filing an initiative petition to do away with the Missouri Plan, the current state model for choosing judges, and adopt the federal one. The Missouri Plan combines executive appointment and popular election of judges. When there is a vacancy, three candidates are selected by a commission, in this case the Missouri Appellate Judicial Commission. The governor then has sixty days to select one; if he fails to do so, the selection committee will do it. At the general election soonest after the completion of one year service, there is a retention election. If a majority vote against, the judge is removed from office and the process starts anew.
The federal method is somewhat simpler, where the president nominates judges and the Senate confirms them. In the state setting, the governor would nominate judges and the State Senate would confirm.[18]
Harris, Senator Jim Lembke and other Republicans criticize the current process for what they see as its secrecy and lack of transparency of the judicial commissions, as well as of the influence of the Missouri Association of Trial Lawyers, many of whose members have been elected to the commissions.[19]
Missouri judge dismisses lawsuit concerning stem cell research
JEFFERSON CITY, Missouri: Missouri judge Judge Patricia Joyce dismissed claims of conspiracy and constitutional rights violations on June 19, 2009 while upholding the ballot summary for a proposed constitutional amendment dealing with abortion.[20]
The decision came in response to a lawsuit filed by the Missouri Roundtable for Life, which supports a proposed amendment barring public funds from being used for abortion and human cloning. In the lawsuit, the group accuses Secretary of State Robin Carnahan, Attorney General Chris Koster and State Auditor Susan Montee of conspiring to treat the measure unfairly.
Joyce ruled that the claim is without merit and is "frivolous".
Light-rail petition stopped as fight heads to Missouri Supreme Court
KANSAS CITY, Missouri: This week Clay Chastain, a key supporter of the light rail ballot initiative, announced that he filed a filed a notice and appeal with the Missouri Supreme Court to reinstate his 2006 voter-approved light-rail plan. Along with the appeal, Chastain announced that he is halting his efforts to place the light-rail issue on the ballot this fall.[21] But added that if he does not win in the Missouri Supreme Court, he will reignite a petition drive for a new light-rail plan for the November 2010 ballot.[22] In papers filed with the court, Chastain argues that “it is incredulous” that the city charter allows the council to throw out a voter-passed proposal.[23]
In 2008, the Missouri Court of Appeals upheld a lower court ruling against Chastain. The court of appeals said that the Kansas City charter gives the city council the right to repeal ballot initiatives passed by the people.[24]
Liberty smoking ban issue moves to the November ballot
LIBERTY, Missouri: Liberty smoking ban supporters are taking a stricter smoking ban to the November ballot, less than 2 months after the first ban went into effect.[25] The current smoking ban allows smoking in bars, smaller restaurants, bowling alleys and billiard parlors licensed by the city to sell liquor by the drink with certain restrictions.[26] The ordinance states that bars and restaurants would have until April 9, 2010 to comply with the restrictions. However, the proposed measure would take into effect 60 days after approval and would prohibit smoking in enclosed public places and continue to be allowed in outdoor patios. “I think the people they are discriminating against will get together and decide what to do,” said Margie Stambersky, a bowling alley owner and opponent of the smoking ban. Supporters collected more than 1,000 signatures. On May 27, 2009 the city council approved the measure for the November ballot. “This has been a very divisive issue,” Mayor Greg Canuteson said. “On both sides people are very passionate, so it’s appropriate that the voters get to decide.”[27]
Kirkwood efforts renewed to ban smoking in public places
KIRKWOOD, Missouri: For the second time since 2006, Kirkwood residents are being asked to decide whether smoking should be banned in public places. Last month, Healthy Air for Kirkwood initiated a petition to ban smoking in public places; in an effort to place a ballot measure on the November 2009 ballot. In order to move the measure on to the ballot, supporters are required to collect approximately 1,100 signatures. "I've worked in healthcare for more than 25 years. And I see what second-hand smoke, and those who smoke, what it does to their health," said Jean Loemker of Healthy Air. But some residents are calling the petition by Healthy Air an abuse of the petition system and that the issue should be dealt with at the county or state level. In November 2006, 54.63 percent of voters rejected a smoking ban. The ban was initiated by Citizens for a Smoke-Free Kirkwood and several residents involved in the current Healthy Air for Kirkwood petition.[28]
Missouri court rejects and revises proposed affirmative-action ban
JEFFERSON CITY, Missouri: On Friday, June 26, 2009, Missouri Circuit Court Judge Richard Callahan ruled against a ballot initiative that would have called for a constitutional amendment outlawing affirmative action measures. Callahan sided with the American Civil Liberties Union's argument presented in a December lawsuit against the proposal, drawn up by the Missouri Civil Rights Initiative. Callahan said that the summary of the proposal submitted by Missouri Secretary of State Robin Carnahan was "inadequate and unfair", and that the ballot proposal itself should have been rejected.[29]
If the ban on affirmative action goes on the ballot and is approved, it would bar the state from granting preferential treatment to individuals based on race, ethnicity or sex in public employment, education or contracting.
Carnahan's summary said the measure would "ban affirmative action programs designed to eliminate discrimination against, and improve opportunities for, women and minorities in public contracting, employment and education." Callahan pointed to a second section as cause for his concern, which says the measure would also "allow preferential treatment based on race, sex, color, ethnicity, or national origin to meet federal program funds eligibility standards as well as preferential treatment for bona fide qualifications based on sex." The judge said the language suggested the amendment would simply revise modes of preferential treatment, rather than abolishing them.[30]
Later on Monday, however, Callahan himself rewrote the ballot summary to fit this more limited interpretation, essentially removing the second point Carnahan made. As a result, canvassers will soon begin gathering signatures from registered voters. Tim Asher, executive director of the Missouri Civil Rights Initiative, said afterwards, "Obviously, we're thrilled about it. It gives us something we can go out and give the voters of Missouri, so they know what they're voting on."[31] If it qualifies for the ballot, the measure will go on the November 2010 statewide ballot.
Light-rail fight goes to Missouri Supreme Court
KANSAS CITY, Missouri. The Kansas City Council voted to overturn a 2006 light rail plan that was approved by the city's voters. In reaction, Clay Chastain, a key supporter of the light rail ballot initiative, has filed an appeal with the Missouri Supreme Court. Chastain argues that the court should hear his appeal because "it involves a question of great public interest and importance: The power of the people in a charter city to enact laws via the initiative process without interference by local legislators."
In 2008, the Missouri Court of Appeals upheld a lower court ruling against Chastain. The court of appeals said that the Kansas City charter gives the city council the right to repeal ballot initiatives passed by the people.[32]
Using poll, Missouri pro-life group claims bias in summary
JEFFERSON CITY, Missouri: A pro-life group arguing Missouri Secretary of State Robin Carnahan inserted biased language into the ballot summary for their 2010 initiative has released polling data to support their position.
According to the research conducted for Missouri Roundtable for Life, 48 percent of those polled said they supported an initiative "to make it unlawful to expend, pay, or grant any public funds for abortion services" while 41 opposed it. Using the language inserted by Carnahan, which adds that the funding ban also applies to abortions including "those necessary to save the life of the mother," the support fell to 38 percent while opposition increased to 44 percent. A similar shift was found in the language for the stem cells provision.
The organization has a lawsuit pending against the secretary of state.[33]
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