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Ruling expected today on halt to November ballot certification

August 17, 2012 By Mike Lear

A Cole County judge has taken under advisement a request for a temporary restraining order against the Secretary of State to stop her from certifying ballots for November. Judge Dan Green says he will issue a decision later today.

Lieutenant Governor Peter Kinder and Secretary of State Robin Carnahan

The suit was filed by Lieutenant Governor Peter Kinder and several GOP lawmakers. They say the ballot language written by Secretary of State Robin Carnahan for an issue that would bar state officials from creating a state health insurance exchange without legislative or voter approval is biased and misleading.

Their attorney, Jay Kanzler, argued that with the summary judgement hearing scheduled for August 28, it could be a matter of hours after that, that Secretary of State Robin Carnahan would certify that issue. “If the Secretary of State does certify this ballot on the 28th, and it goes out and the local election officials end up printing that ballot and this court rules that the language is improper, then those ballots have to be reprinted.

The attorney for Carnahan’s position, Jeremiah Morgan, says that argument is moot. “The local election authorities will not be printing those ballots until the presidential primaries are concluded and those candidates are to be included. So the threat of potential reprinting does not exist, certainly until September 13.”

Morgan also argued that the restraining order would go too far, by putting a hold on the entire ballot. “In fact if you read their request for relief, that’s exactly what they seek. That kind of relief is intolerable in these circumstances.”

A summary judgement hearing in the case is scheduled for August 28.

Filed Under: Crime / Courts, Elections, Legislature, News, Politics / Govt Tagged With: health insurance exchange, Lieutenant Governor Peter Kinder, Secretary of State Robin Carnahan

Hearing today on halt to health insurance exchange ballot language

August 17, 2012 By Mike Lear

A hearing takes place today in the lawsuit against the Secretary of State, over the ballot language written for an issue that would bar state officials from creating a state health insurance exchange without legislative or voter approval.  Cole County Circuit Judge Dan Green will hear the arguments.

Lieutenant Governor Peter Kinder and Secretary of State Robin Carnahan

Lieutenant Governor Peter Kinder filed that suit, saying that ballot language is biased. “Tomorrow we’re going for a temporary restraining order asking the court to restrain the Secretary of State from moving forward with the ballot language. That’s a preliminary measure to stop further progress on that issue so that we can get to the merits of the issue (in the next hearing.)”

The hearing is also over consideration of a temporary injunction. Kinder says, “We’re holding our pants up with belt and suspenders both.”

Kinder says he hopes a decision will be made soon in the case. “We need it quickly because of the need to print military ballots … absentees and get them out.”

The Republican-led legislature voted this year to put that issue to voters.

A summary judgement hearing in the case is scheduled for August 28.

Filed Under: Crime / Courts, Elections, Legislature, Politics / Govt Tagged With: 2012 General Election, health insurance exchange, Peter Kinder, Robin Carnahan



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