This article first appeared in the St. Louis Beacon, Aug. 30, 2012 - Secretary of State Robin Carnahan isn’t happy about it, but she announced late Thursday that her office won’t appeal a Cole County judge’s ruling that tossed out her ballot summary for a November ballot proposal regarding health insurance exchanges.
The judge, Daniel Green, instead ordered that the summary be an alternative version written by Lt. Gov. Peter Kinder and his Republican allies, who had gone to court to challenge Carnahan’s original summary, which the dissidents contended was biased.
Koster said he agreed with the judge.
The ballot proposal in question would bar the creation of a state insurance exchange without the approval of the General Assembly or a statewide vote. It would prevent the governor or his administration from setting up an exchange, which is called for under the federal Affordable Care Act, and which is meant to reduce insurance costs for people who aren’t in group plans.
In a statement, Carnahan blamed Attorney General Chris Koster, a fellow Democrat, who “refused our request to file an appeal” of Green’s ruling.
“The new summary language is incomplete, uninformative and a disservice to Missouri voters who must decide on the critical issue of how and when Missouri individuals, families and small businesses will have access to affordable health care,” Carnahan said in a statement issued late Thursday.
“The secretary of state's office has a legal obligation to provide Missourians with fair and sufficient summaries of ballot measures. We believe our summary of SB 464 meets that legal standard,” she and her staff said in a statement.
“Although we strongly disagree with the decision by the Cole County circuit court, this office is not in a position to appeal the decision on its own. We are disappointed that Attorney General Koster has refused our request to file an appeal. “
Replied Koster in a curt statement: “Judge Greene’s summary more accurately reflects the legislative intent than does the Secretary’s proposed language. My job is to call balls and strikes in an impartial manner. The argument is over.”
Koster's Republican rival, St. Louis lawyer Ed Martin, asserted that Koster should have blocked Carnahan's summary early on, and perhaps avoiding a legal fight. “Had Attorney General Koster rejected Carnahan’s biased language in the first place, we would not be in this situation," Martin said.
Kinder later issued a statement saying, “This is a tremendous win for Missouri voters. Judge Green’s decision to overturn Secretary Carnahan’s biased language was the correct one. Secretary Carnahan’s ballot summary would have unduly influenced voters to oppose this crucial ballot issue affecting healthcare rights. I am pleased that her attempt to mislead voters failed and that Missourians now will have a fair and balanced summary when they consider this important ballot issue in November.”
Kinder and Republican legislative leaders had gone to court to challenge Carnahan’s wording, asserting that it was biased and intended to influence voters to oppose the proposal.
Her office’s summary states: "Shall Missouri law be amended to deny individuals, families and small businesses the ability to access affordable health care plans through a state-based health benefit exchange unless authorized by statute, initiative or referendum or through an exchange operated by the federal government as required by the federal health care act?"
The replacement wording states: “Shall Missouri law be amended to prohibit the governor or any state agency, from establishing or operating state-based health insurance exchanges unless authorized by a vote of the people or by the legislature?”
Green’s approved wording is among four proposed alternatives that had been submitted by Kinder and his allies.
