JEFFERSON CITY — Abortion rights proponents argued with the Missouri secretary of state’s office in court Wednesday over an official summary statement describing what voting “yes†on the Nov. 5 abortion measure would mean.
Advocates for abortion rights are challenging the “fair ballot language†issued by the office of Secretary of State Jay Ashcroft and posted at polling places next to copies of sample ballots.
The fair ballot language describes what “yes†and “no†votes would represent and is separate from official ballot titles that summarize a question on the ballot.
State courts last year struck down Ashcroft’s official ballot title for the abortion plan and certified a different one.
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Cole County Circuit Judge Cotton Walker did not rule on the latest lawsuit on Wednesday, but said he planned to rule Thursday.
Attorneys for the plaintiff, Dr. Anna Fitz-James, argued the language in Ashcroft’s fair ballot language doesn’t fairly and accurately explain what “yes†and “no†votes would represent, and that it is intentionally argumentative, in violation of Missouri law.
But attorney Andrew Crane, representing the Republican Ashcroft’s office, argued in a pre-trial briefing the fair ballot language “accurately explains the probable legal consequences of the Amendment†and is “fair and sufficient.â€
The fair ballot language produced by Ashcroft says:
- A “yes†vote will enshrine the right to abortion at any time of a pregnancy in the Missouri Constitution. Additionally, it will prohibit any regulation of abortion, including regulations designed to protect women undergoing abortions and prohibit any civil or criminal recourse against anyone who performs an abortion and hurts or kills the pregnant women.
- A “no†vote will continue the statutory prohibition of abortion in Missouri.
- If passed, this measure may reduce local taxes while the impact to state taxes is unknown.
Fitz-James’ attorneys argued Ashcroft’s language falsely claims there would be a right to an abortion at any stage of pregnancy, and that abortion couldn’t be regulated under the measure.
Fitz-James’ side also said in contrast to Ashcroft’s claim that no regulation would be allowed, a state appeals court previously ruled the amendment allows for regulation of reproductive health care, including abortion, “to improve or maintain the health of the patient according to widely accepted clinical standards.â€
Fitz-James’ lawyers also took issue with the statement that the measure would prohibit legal recourse against “anyone who performs an abortion and hurts or kills the pregnant women.â€
And, they said Ashcroft’s language misleadingly omits mention of other protections in the ballot question for reproductive health care, including for birth control.
The state, meanwhile, pushed back in its pre-trial brief, asserting that under the amendment, the General Assembly wouldn’t be able to regulate or ban abortion, and that the government wouldn’t be able to punish a doctor who hurts or kills a patient while providing reproductive care.
Crane, the lawyer representing Ashcroft’s office, said state courts haven’t required ballot language to “address every detail of a ballot measure,†the brief said.
The “fair ballot language†fight follows a similar dispute last year in which state courts finalized a new ballot summary for voters to see.
In that case, the court of appeals at Kansas City ruled the election chief’s summaries were “replete with politically partisan language†and certified a different summary for the ballot.
In yet another lawsuit, two Republican state lawmakers are among those suing to remove the abortion question from the ballot entirely.
A trial on that lawsuit is scheduled for 10:30 a.m. Friday in Cole County Circuit Court. The case has been assigned the Judge Christopher Limbaugh.
Public polling has shown majority support among likely voters for the abortion ballot question: a ºüÀêÊÓƵ University/YouGov poll taken last month and released last week showed the abortion measure leading 52% to 34%, with 14% of respondents undecided.
In the same poll, Republicans running for statewide office were leading their Democratic counterparts by double digits.
With abortion expected to be a focal point in the election, the abortion-rights group Emily’s List endorsed House Minority Leader Crystal Quade, Democrat for governor, on Tuesday.
She is running against Lt. Gov. Mike Kehoe, a Republican, on Nov. 5.
“Quade has a proven track record in the Missouri General Assembly of fighting for reproductive rights, working families, and standing up against large corporations, and she’s ready to defeat anti-abortion extremist Mike Kehoe,†said Jessica Mettler, president of Emily’s List.