Secretary of State Robin Carnahan Archives

Judge upholds Secretary of State’s summary for Amendment 3

September 11, 2012 By Mike Lear

A Cole County Judge has dismissed a case against the Secretary of State regarding ballot summary for Amendment 3, that would change how judges are selected for the state’s Supreme and Appeals courts.

The proposal would raise the number of appointees of the Governor on commissions that nominate appellate court finalists, and raise from three to four the number of finalists. It was passed by the Republican-led legislature, which opted not to provide its own ballot summary. Plaintiffs accused Secretary of State Robin Carnahan, a Democrat, of creating misleading language for its summary.

Circuit Judge Jon Beetem says the summary meets the requirements of Missouri law. He says it “accurately reflects the legal and probable effects of the proposed amendment without bias, prejudice, deception or favoritism.”

See the summary on the Secretary of State’s website.

An attorney for the plaintiffs, Clayton Callen, argued the summary would be misleading to anyone who favors the Amendment, and would actually lead them to vote against it.

Judge Beetem did say there was “no question a better summary statement could have been submitted” by the Secretary of State.” He says, “The summary statement does not include all details or possible outcomes, but including all details or possible outcomes is neither required nor possible under the limits of (Missouri law).”

The Judge adds, “The summary statement does reflect the purposes of Amendment 3 in language that is neither intentionally argumentative nor likely to create prejudice either for or against the measure.”

See the full text of Judge Beetem’s judgement (pdf).

Secretary of State Carnahan, in a statement, says, “With less than two weeks to go before the September 22 deadline for local election authorities to send ballots to military and overseas absentee voters, this is a positive development to avoid any delay in printing and mailing ballots to these voters.”

Attorneys argue whether health exchange issue ballot summary is biased

August 20, 2012 By Mike Lear

The arguments presented over a temporary restraining order give the first glimpse of attorney’s cases on whether or not the Secretary of State was biased in a ballot summary.

Cole County Courthouse, Jefferson City

The question is, is the language used by Secretary of State Robin Carnahan to summarize a ballot question about blocking state elected officials from creating a state healthcare exchange without voter or legislative approval, biased?

It reads: “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?See our earlier story on the hearing on the temporary restraining order.

The attorney representing Carnahan’s side, Jeremiah Morgan, says that accurately represents the intent of the bill passed by the Republican-led legislature.

“There’s no question that efforts are being made to undermine the federal Affordable Health Care Act. Whether we as a policy matter or a political matter agree with or do not agree with, that’s what Senate Bill 464 attempts to do and this summary is attempting to do that.”

Attorney Jay Kanzler, representing several GOP elected officials, says Carnahan wrote “obvious” bias into the summary.

“Secretary of State Carnahan’s language, talking about denying families and individuals access to affordable healthcare, frankly doesn’t even come close to describing what the ballot issue would do.”

The attorney representing the Secretary of State’s Office, Jeremiah Morgan, says the Republicans’ lawsuit only looks at part of the ballot summary.

“They skipped this important language, as it says, ‘through a state-based health benefit exchange.’ So it says families, small businesses, so forth will not have the opportunity to have a formal health plan through a state-based exchanged, unless passed by the legislature or unless passed by referendum, or through a federally based plan, and that’s exactly what Senate Bill 464 does.”

Kanzler argues that when one looks at the ballot issue as a whole, it becomes more confusing.

“It says ‘deny individuals, families and small businesses the ability to access affordable healthcare through state-based health benefit exchanges unless authorized by statute, initiative or referendum … so you’re saying deny that or deny the second part. Mr. Morgan lays out there that this is in fact clear. It’s not clear.”

Kanzler maintains that the summary is misleading.

“This initiative does not ‘deny.’ It gives the voters … the people of Missouri a choice to either vote in state based health insurance exchanges or accept federally based healthcare exchanges.”

A summary judgement hearing in the case is scheduled for August 28. Cole County Circuit Judge Dan Green has taken the motion for a temporary restraining order under advisement.

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.

Republicans to file court challenge to health exchange ballot language

July 5, 2012 By Mike Lear

Lieutenant Governor Peter Kinder doesn’t like Secretary of State Robin Carnahan’s ballot language for an issue related to the federal health care law, and he says he’s going to fight it in court.

Lieutenant Governor Peter Kinder and Secretary of State Robin Carnahan

The issue would bar the Governor from creating a health insurance exchange as related to the Affordable Care Act unless lawmakers or voters give him that authority. Kinder says the summary Carnahan has released to describe that issue on the November ballot is misleading.

“No direct costs or savings for state and local governmental entities are expected from this proposal. Indirect costs or savings related to enforcement actions, missed federal funding, avoided implementation costs, and other issues are unknown.”

Kinder says, “To use the very active verb ‘deny’ individuals, families and small businesses the ability to access affordable healthcare plans is outrageously biased. On its face it’s biased. I have not talked to anyone who believes it’s fair.” He says the language is worded “as though the Obama White House had written the language to illicit from Missouri voters a negative result.”

Kinder says he’ll file a lawsuit challenging the wording, “if not Friday then early next week at the latest.” He adds that House Speaker Steven Tilley (R-Perryville) and Senate Majority Floor Leader Tom Dempsey (R-St. Charles) have already committed to joining that suit.

Kinder says he won’t use public money for the suit, adding he doesn’t anticipate any problems getting private dollars to back it.

Carnahan’s office, in a statement, says “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.”

Secretary of State Spokesman Ryan Hobart adds, “we feel it confident it will hold up in court,” and points out the state legislature had an opportunity to write its own ballot language and did not.