May 23, 2012

Anti-Cloning Group Explains Legal Action Against Secretary of State

Attorneys representing the group Cures Without Cloning in its legal challenge to Secretary of State Robin Carnahan’s wording of the group’s petition initiative to ban certain forms of stem cell research explain their actions.

Attorney Eddie Greim says part of the challenge is being made under Missouri’s constitution, with the claim that the wording summary does not adequately and competently summarize what the initiative does – ban forms of stem cell research the plaintiffs consider human cloning. He adds Secretary’s statement is unfair because it patently reflects her "bias and prejudice against the Cures Without Cloning Amendment."

Greim says this is a case of a state official using the authority of the office to violate the constitutional rights of citizens. A statement from the Secretary of State’s Office says the summary wording is "fair, accurate, and reflects how the constitution would be changed by this initiative if it got on the ballot and was passed."

Download/Listen: Steve Walsh report (:60 MP3)

Legal Action Launched Over Proposed Stem Cell Initiative

Two lawsuits have been filed over the ballot summary for a proposed initiative to ban certain forms of stem cell research.

Supporters of the initiative have filed suit in Cole County Circuit Court over Secretary of State Robin Carnahan’s wording of the summary. They say that while their goal is to ban all forms of stem cell research they consider to be human cloning, the wording is confusing and misleading, and might lead Missourians to believe the proposal would expand human cloning.

The other suit has been filed in the same court by opponents of the initiative. They claim the ballot measure’s financial estimate prepared by State Auditor Susan Montee understates the potential cost to taxpayers.

Carnahan Again Criticized Over Wording of Anti-Cloning Ballot Initiative

A group involved in last year’s effort to defeat a Constitutional amendment involving stem cell research is making known its feelings over the wording of an initiative proposal to limit certain forms of that research. Jaci Winship of Missourians Against Human Cloning says the final wording on the ballot question proposed by the group Cures Without Cloning is misleading and confusing, and she blames Secretary of State Robin Carnahan for that.

"She has a long history of abusing her office by writing politically-motivated, inaccurate and grossly misleading ballot questions," says Winship. "However," continues Winship, "The ballot question she recently certified for the Missouri Cures Against Cloning initiative, goes beyond anything she has ever done before. This reaches a new low."

Winship also accuses Carnahan of selling herself for $25,000 – the amount of contribution dollars received from what Winship calls a "pro-human cloning group."

Ryan Hobart with the Secretary of State’s office flatly rejects any suggestion Carnahan has been "bought." "That is a false statement," says Hobart. "Our obligation is to Missouri voters, not to one interest group or another."

The Secretary of State’s Office has released a statement reiterating its position regarding elections and ballot initiatives. It reads: "It is our legal obligation to make sure that Missouri voters always have a fair, accurate, and concise summary of what they are voting on – regardless of the issue. The summary statement for the petition to limit stem cell research is fair, accurate, and reflects how the constitution would be changed by this initiative if it got on the ballot and was passed."

The petition sponsor, Cures Without Cloning, has until Monday to decide whether to launch legal action challenging the wording. It would do so in Cole County Circuit Court in Jefferson City.

Download/Listen: Jaci Winship of Missourians Against Human Cloning (:27 MP3)
Download/Listen: Ryan Hobart of Secretary of State’s Office (:09 MP3)

Anti-Cloning Group Considers Legal Action Against Carnahan

The group that wants to have Missouri voters decide on an initiative to ban certain forms of stem cell research is considering legal action against Secretary of State Robin Carnahan over the ballot language she has approved for the group’s petition.

Curt Mercadante of Cures Without Cloning says that while his organization wants to ban Somatic Cell Nuclear Transfer, which it considers a form of human cloning, the language approved by Carnahan makes it appear as though the group is trying to encourage human cloning.

Mercadante says that while the courts have given the Secretary of State some latitude in editing ballot summary language submitted to the office, the latitude has been surpassed in this instance. He says all options, including an effort to impeach the Secretary of State, will be considered.

The Secretary of State’s Office could not disagree more with Cures Without Cloning on its claim that the summary language is confusing to voters. Secretary Robin Carnahan’s Chief of Staff Mindy Mazur says the summary is completely fair and in accordance with state law.

Mazur says it is not uncommon to have challenges to initiative petition ballot titles, pointing out there is a process laid out for the challenge in law. She adds that in 2006 there were court challenges to three different summary statements and in each case the summary statemant was upheld as sufficient and fair.

Download/Listen: Curt Mercadante of Cures Without Cloning (:18 MP3)
Download/Listen: Mindy Mazur, Secretary of State Carnahan’s Chief of Staff (:20 MP3)

Secretary of State Approves Stem Cell Initiative Petition

An initiative petition to limit stem cell research has been approved for circulation by Secretary of State Robin Carnahan. The number of signatures required to get the constitutional amendment proposal on the ballot would be equal to eight percent of the votes cast for Governor in six of Missouri’s nine Congressional districts in the 2004 election.

Organizers claim the constitutional amendment, approved by voters in 2006, does not specifically ban human cloning. So, this initiative proposes that the Missouri Constitution be amended to redefine the ban on human cloning and to prohibit hospitals and other institutions from using public funds to conduct such research. The group spearheading this effort is known as Cures Without Cloning.