Missouri lawmakers passed a bill Monday that would limit how much courts can intervene in ballot language written by the legislature.
Members of the Missouri House voted 109-46 to pass the bill. Because they passed the Senate legislation with no changes, it now goes to Gov. Mike Kehoe.
Currently, language on proposed statute changes or constitutional amendments written and passed by the legislature can be rewritten by courts during litigation.
Under the legislation, the secretary of state would have greater power to rewrite any challenged ballot language before the courts could intervene.
The bill requires challenges for all measures, except initiative petitions, to be brought to Cole County Circuit Court no later than the 22nd Tuesday prior to the general election.
If the court finds the ballot language to be unfair, the court can provide suggested changes, but it is the secretary of state’s office that would prepare the new summary. The secretary of state’s office would get three chances to write language considered sufficient and fair before the court could put forth its own language.
Rep. Ben Keathley, R-Chesterfield, who presented the bill on the House floor, said that the court has too much power in this situation and that this bill creates a greater balance.
“We're all duly elected officeholders. We have a constitutional duty and job to do to send that ballot language through, the courts are only there to call the balls and strikes on it,” Keathley said.
House Democrats say this erodes the power of the judiciary and creates a situation in which there may not be enough time for a judicial challenge on the proposed legislation.
“There is nothing to stop the secretary of state of submitting bad language, of running out the clock, of delaying certification to allow a challenge to run out. There are serious issues with the timeline here,” said Rep. Eric Woods, D-Kansas City.
In addition to the change on challenges, the legislation expands how long a summary statement for ballot measures can be from 50 to 100 words.
Another aspect it changes is how long before an election litigation on ballot summaries must be completed, from 56 days prior to an election to 70 days.
And the legislation gives the attorney general’s office the ability to appeal preliminary injunctions that limit the state from enforcing a statute or the constitution.
“If there is a preliminary injunction that intercepts a constitutional law, or a statutory law or a regulation, that means that we've enjoined, we've stopped government from being able to enforce a certain law or regulation,” Keathley said.
In addition to granting this new appeal power in the future, it allows the attorney general to appeal decisions that were made by a judge before this bill were to go into effect.
It would give the attorney general until Sept. 12, 2025, to issue that appeal for those earlier injunctions.
That means if the bill is signed into law by Kehoe, Attorney General Andrew Bailey would be able to appeal the preliminary injunction issued by Jackson County Circuit Judge Jerri Zhang that suspended the state’s near-total abortion ban because the passage of Amendment 3 made it unenforceable.
The trial that could permanently end Missouri’s abortion ban is scheduled for next year, but in the meantime, the preliminary injunction is what’s allowing abortions to occur in Missouri.
Rep. David Tyson Smith, D-Columbia, spoke against the legislation.
“You don't come in during session and try to pass legislation to affect a pending case that's currently ongoing because you don't like how the case is proceeding. That's not right, it's not legal, and it is retroactive,” Smith said.
