Missouri Judicial Appointment Amendment, Amendment 3 (2012)
| Judicial Appointment Amendment | |
|---|---|
 | |
| Type | Constitutional amendment |
| Origin | Missouri State Legislature |
| Topic | State judiciary |
| Status |  |
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) | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| No | 1,929,470 | 76% | ||
| 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]
| “ | 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?[3] | ” |
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
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."[4]
Path to the ballot
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
External links
Footnotes
- ↑ 1.0 1.1 stltoday, "Mo. voters to decide on revising system for appointing judges," May 11, 2012
- ↑ 2.0 2.1 2.2 Columbia Missourian, "Lawmakers don't like summary of Missouri ballot issues," July 4, 2012
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Missouri Secretary of State, "Office of the Missouri Secretary of State Statement Regarding Constitutional Amendment 3 (SJR 51)," September 10, 2012
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State of Missouri Jefferson City (capital) |
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