(The Center Square) – Missouri Secretary of State Jay Ashcroft, a Republican candidate for governor, will appeal a ruling that said his proposed language for abortion rights ballot initiatives was “problematic.”
Phrases included in Ashcroft’s summary statement “are either argumentative or do not fairly describe the purpose or probable effect of the initiative,” Cole County Circuit Judge Jon Beetem wrote in a seven-page decision on Monday. Judge Beetem heard arguments on Sept. 11 in the case brought by Dr. Anna Fitz-James, a physician sponsoring 11 initiative petitions to put abortion rights on the November 2024 ballot. She was represented by the ACLU of Missouri.
In addition to ruling in favor of Fitz-James, Judge Beetem rewrote the summary statement for four initiatives.
“We will not stand idly by while the courts hide the effects of this amendment and mislead the people as to what they may very well be voting on next year,” Ashcroft posted on social media. “We will appeal this court’s decision!”
Judge Beetem stated the court’s role in the initiative process is limited and expressed no view on the merits of any of the initiatives.
“A huge win for Missourians and the fight to bring abortion and reproductive freedom back to Missouri!” House Minority Leader Crystal Quade, D-Springfield and a candidate for the Democrat party nomination for governor, posted on social media. “But Republican elected officials aren’t likely done gumming up the courts in their efforts to keep voters from being heard. They’re afraid because they know they’ve gone too far.”
Judge Beetem wrote he wasn’t providing a detailed analysis of the objectionable phrases due to time constraints. He wrote Ashcroft sent proposals at 6:43 p.m. on Sept. 18 when the court’s request was for each side to bring proposed judgments in electronically editable form to the Sept. 11 hearing.
The ruling is another judicial setback for Republicans on initiative petitions to get signatures to put abortion rights on the November 2024 ballot. Less than 48 hours after hearing arguments in July, the Missouri Supreme Court unanimously ruled against an appeal by Attorney General Andrew Bailey stating the costs of the measures – approved by Republican Auditor Scott Fitzpatrick – were underestimated by millions of dollars.
Judge Beetem also rejected a lawsuit on Monday by Sen. Mary Elizabeth Coleman, R-Arnold, and Rep. Hannah Kelly, R-Mountain Grove, alleging the $51,000 cost in the petitions is inaccurate. Like Bailey, they argued millions in Medicaid funding and future tax revenue could be lost.
“These two elected officials joined an anti-abortion special interest group to subvert democracy by recycling the failed arguments of the attorney general to artificially inflate the fiscal note,” Tori Schafer, deputy director for policy and campaigns with the ACLU of Missouri, said in a statement.
