Lawmakers approve ballot measures bill that challenges Amendment 3

COLUMBIA, Mo. KMIZ

A state Senate bill is heading to the governor's desk that could affect ballot language and may also take out abortion access in Missouri.

The most controversial aspect of the bill will allow the attorney general to appeal any preliminary injunctions issued before Aug. 28. A preliminary injunction allowed abortion access to open back up in the state after voters approved Amendment 3 in November.

"When you allow a party to go back in and say, 'I want a do-over' after the court has already ruled, that is inappropriate and it tears down our existing system of checks and balances," Director of Missouri Voter Protection Coalition Denise Lieberman said.

The House also approved the emergency clause, making the attorney general provision effective as soon as the governor signs SB 22.

In a statement, Missouri Right to Life asked legislators to pass Senate Bill 22 to Kehoe's desk as soon as possible.

Ballot summaries or titles are written for initiative petitions. Titles are limited to 50 words and have to be finalized at least 56 days before the election. Signature collection could also can also be put on pause if a petition's title is being challenged in court.

The secretary of state typically handles writing ballot titles to prevent petitioners from using persuasive language in titles. If deemed misleading, courts can take over and rewrite the ballot.

Under SB22, the secretary of state would have up to three tries to rewrite a ballot title before a judge steps in. It also pushes the deadline for the finalization of ballot titles to 70 days before the election, making the window for finalization closer. If the bill reaches the deadline in the middle of the revision, the most recent title will be used, regardless if it was approved by the courts.

The bill will also allow up to 100 words in a title and allow signatures to be collected in the middle of a title being disputed and rewritten.

Supporters argue that the changes will help clearly define what an initiative petition will do and also accelerate the finalization process.

The bill's sponsor Sen. Rick Brattin (R-Harrisonville) added that courts have previously overstepped in bill title rewrites for Amendment 3 during a hearing for the bill in January, adding that the task isn't their role as a judicial official.

"We had a Secretary of State that wrote the ballot language, it was challenged and the courts rewrote that." Brattin said. "They completely rewrote it to slant in favor of Amendment three and I think that's egregious."

Opponents argue that SB22 gives too much power to the secretary of state and possibly politically biased officeholders. With the tighter deadline, there is also concern that the back-and-forth of hearings and revisions was done purposefully to have the title fall on the secretary of state. The multiple changes could also confuse people signing petitions.

"We did the math, we laid out these deadlines on the calendar, and what this would allow is the secretary of state or other partisan actors to keep the debate tied up," Lieberman said.

Rep. Kathy Steinhoff (D-Columbia) -- who voted against the bill on Monday -- said that just one back-and-forth could take up to three weeks.

"Certain timelines that have to be granted for people to respond to requests for these sort of things, three weeks is not nearly enough time to be able to take care of that."

Steinhoff adds that if the bill stands, the risk of biased ballot titles can affect both parties, depending on the secretary of state.

During the January hearing, Brattin stood by the changes.

"I think it's absolutely workable," Brattin said. "Is it not also the constitutional duty of the court to ensure that the actions that we take in that the executive branch take are fair and in line with the law? That's by their interpretation, where they interpret that, not where they rewrite it."

Republican lawmakers are also working to put a ballot measure to overturn Amendment 3 on the ballot. The House perfected the bill on Tuesday. A final vote had not been scheduled by Tuesday evening.

Gov. Mike Kehoe has not said publicly if or when he will sign SB 22. In a statement to ABC 17 News, Kehoe's office said, "SB 22 is still going through a bill review process."

ABC 17 News reached out to Brattin for an updated statement and SB22's co-sponsor Sen. Mary Elizabeth Coleman (R-Arnold). State Rep. Ben Keathley (R-Chesterfield) declined to comment.