JEFFERSON CITY — The state auditor’s office told a Cole County judge Wednesday that Attorney General Andrew Bailey has no power to stop a constitutional amendment to restore abortion rights by questioning the potential cost of the proposal.
In arguments to Circuit Judge Jon Beetem, attorney Rob Tillman, representing Republican Auditor Scott Fitzpatrick, said Bailey, also a Republican, has only a ministerial duty to approve the cost figure as part of a citizen-led effort to put a question on the ballot to voters.
“The attorney general is only authorized to approve or return a fiscal note summary. He has no discretion otherwise,†Tillman said.
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The face-off between the two Republicans — both of whom were elevated to statewide office by Gov. Mike Parson at some point in their careers — is part of a lawsuit brought by the Missouri ACLU, which is representing a client seeking to restore abortion rights in the state after the procedure was banned last June.
ACLU attorney Anthony Rothert said the stand-off has left his client unable to move forward with the collection of signatures needed to place the amendment on the November 2024 ballot.
“Our client is in limbo,†Rothert said.
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.
But before they can begin, the ballot question needs to go through a process involving Fitzpatrick, Bailey and Secretary of State Jay Ashcroft.
Rothert praised Fitzpatrick’s office for fighting Bailey’s attempt to insert a higher cost into the ballot language, calling Bailey’s actions “absurd.â€
“The auditor knows that’s Banana-grams,†Rothert said.
In opening the bench trial, Beetem granted a request by Ashcroft to be removed from the case because the current dispute is between the auditor and the attorney general.
None of the statewide elected officials attended the hearing.
In March, Fitzpatrick determined that passage of the 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, in a letter back to Bailey, rejected the claim.
“To submit a fiscal note summary that I know contains inaccurate information would violate my duty as State Auditor to produce an accurate fiscal note summary,†he wrote.
Assistant Attorney General Jason Krol Lewis told Beetem that Bailey believes he has the power to ask the auditor for a revision. He said Fitzpatrick’s cost estimate is too low.
“That is just not accurate,†Lewis said, adding that the attorney general is not required to “blindly†accept the amount projected by the auditor.
A decision in the case won’t come until at least next week after attorneys file additional briefs.