JEFFERSON CITY — A Cole County judge rejected a request Monday to force Missouri’s attorney general to certify 11 proposed abortion questions for the 2024 ballot while the politically charged dispute is being appealed to the state’s highest court.
The decision likely delays efforts to collect signatures for an abortion-related ballot measure by at least a month.
Cole County Circuit Judge Jon Beetem said the rapidly moving appeal before the Missouri Supreme Court gave him confidence that the time-sensitive case is proceeding as quickly as possible.
“I don’t know that we can make it move any faster,†Beetem said. “It appears to this court that things are moving in the proper direction.â€
At issue is a lawsuit brought against Attorney General Andrew Bailey over his demand that his office can block proposed ballot initiatives if he disagrees with how much a change in the Missouri Constitution might cost taxpayers.
People are also reading…
His refusal to sign off on 11 proposed ballot questions on the issue of abortion resulted in an order by Beetem last week calling for Bailey to perform his duty and certify the questions within 24 hours.
Instead, Bailey appealed the decision to the high court and refused to act on Beetem’s order.
The ACLU of Missouri, which is representing a group seeking to place a question on the ballot that would restore abortion rights in Missouri, wanted Beetem to force the release of the petitions in order to begin collecting the required number of voter signatures. Supporters need signatures from 8% of voters in six of the state’s eight congressional districts in order to get the abortion-rights measure on the 2024 ballot.
“The attorney general is not entitled to an automatic stay,†ACLU attorney Tori Schafer said in the short hearing.
In addition to robbing the group of more time to collect signatures, Schafer said Bailey’s legal position is tenuous.
“The attorney general is not likely to prevail in this appeal,†Schafer said.
Bailey is appealing a ruling that he has only a ministerial duty to approve the estimated cost of a ballot measure after Auditor Scott Fitzpatrick, a fellow Republican, questioned Bailey’s interpretation of his role.
Bailey took over as attorney general in January after his predecessor, Eric Schmitt, moved to the U.S. Senate. Bailey previously served as general counsel to Gov. Mike Parson.
He is running for a full, four-year term in 2024 and faces the prospect of an expensive primary race against former Assistant U.S. Attorney Will Scharf.
In March, Fitzpatrick determined that passage of the proposed abortion amendment would have an estimated cost to state and local governments of at least $51,000 annually. In response, Bailey said the price tag could be $51 billion, including the possibility of losing all federal Medicaid health insurance funding, which is about $12 billion per year.
Fitzpatrick rejected the claim, arguing that submitting an inaccurate fiscal note would violate his duty as state auditor.
Beetem, in a 29-page ruling issued Tuesday, agreed.
“The Attorney General has no authority to return a fiscal note and fiscal note summary to the auditor if it complies with (state law),†Beetem wrote.
During Monday’s hearing, Assistant Attorney General Jason Krol Lewis said Bailey is cognizant of the issue of time and asked the Supreme Court for an accelerated briefing schedule.
Written briefs are due July 5 and oral arguments are scheduled for July 17.
Lewis said the court could rule before the end of July, but he acknowledged the court sometimes takes longer to decide cases.
Beetem said Bailey could have taken longer to decide on an appeal, leaving him believing that the issue could be resolved in a timely manner.
“I think it’s in the right place,†Beetem said.
Missouri Republican leaders have conceded that if an abortion question made it on the ballot, a constitutional amendment to reverse the current state ban would pass with a simple majority.