Carnahan Wins Court Case Over Judge Selection Ballot Question September 11, 2012

A Cole County Judge has dismissed a case against the Secretary of State regarding ballot summary for Amendment 3, that would change how judges are selected for the state’s Supreme and Appeals courts.
The proposal would raise the number of appointees of the Governor on commissions that nominate appellate court finalists, and raise from three to four the number of finalists. It was passed by the Republican-led legislature, which opted not to provide its own ballot summary. Plaintiffs accused Secretary of State Robin Carnahan, a Democrat, of creating misleading language for its summary.
Circuit Judge Jon Beetem says the summary meets the requirements of Missouri law. He says it “accurately reflects the legal and probable effects of the proposed amendment without bias, prejudice, deception or favoritism.”

Koster Won’t Appeal Ruling on Revised Health Exchange Language August 31, 2012

JEFFERSON CITY, Mo. (AP) — Missouri Attorney General Chris Koster said Thursday he won’t appeal a judge’s decision to rewrite the summary voters will see for a health insurance ballot measure, calling the judge’s revised version a truer reflection of state lawmakers’ intent.
Democratic Secretary of State Robin Carnahan had asked the attorney general to challenge a court ruling that her summary was unfair and insufficient. Cole County Circuit Judge Dan Green on Tuesday ordered the use of a revised summary after Republican Lt. Gov. Peter Kinder and legislative leaders filed a lawsuit challenging Carnahan’s version.
Carnahan’s office said the new summary is “incomplete, uninformative and a disservice to Missouri voters.”
“Although we strongly disagree with the decision by the Cole County Circuit Court, this office is not in a position to appeal the decision on its own,” Carnahan’s office said in a statement Thursday. “We are disappointed that Attorney General Koster has refused our request to file an appeal.”
But Koster said in a statement Thursday evening that the judge’s summary “more accurately reflects the legislative intent than does the Secretary’s proposed language.”
“My job is to call balls and strikes in an impartial manner. The argument is over,” said Koster, a Democrat.
The proposal, approved by Missouri’s Republican-led Legislature and referred to the Nov. 6 ballot, would bar state officials from creating a health insurance exchange without approval from the public or the Legislature. It also would prohibit state departments from taking federal money to set up the online marketplace intended to allow consumers to shop for and compare health insurance plans.
The federal health care law requires states to create health insurance exchanges by 2014 or the federal government will run one for them.
The ballot summary will state: “Shall Missouri law be amended to prohibit the Governor or any state agency, from establishing or operating state based health insurance exchanges unless authorized by a vote of the people or by the Legislature?”
Carnahan’s summary had said: “Shall Missouri law be amended to deny individuals, families, and small businesses the ability to access affordable health care plans through a state-based health benefit exchange unless authorized by statute, initiative or referendum or through an exchange operated by the federal government as required by the federal health care act?”
Kinder said the revision is a “tremendous win” for Missouri voters.
“Secretary Carnahan’s ballot summary would have unduly influenced voters to oppose this crucial ballot issue affecting health care rights,” the lieutenant governor said. “I am pleased that her attempt to mislead voters failed and that Missourians now will have a fair and balanced summary when they consider this important ballot issue in November.”

Judge Considers Case Over Missouri Health Exchange Ballot Question August 28, 2012

(AP) – A Missouri judge was considering Tuesday whether the Democratic secretary of state’s summary of a health care measure passed by the Republican-controlled Legislature and appearing on the November ballot accurately and fairly informs voters about the proposal.

The measure would bar Missouri officials from creating a health insurance exchange without approval from voters or the Legislature. It also would prohibit state departments from taking federal money to set up the online marketplace intended to allow consumers to shop for and compare health insurance plans. The federal health care law requires states create health insurance exchanges by 2014 or the federal government will run one for them.

Republican Lt. Gov. Peter Kinder and several Republican legislative leaders contend the ballot summary written by Secretary of State Robin Carnahan is unfair and misleading and filed a lawsuit asking for a new version. Carnahan’s office defends its summary.

Cole County Circuit Judge Dan Green did not immediately rule Tuesday after a hearing that continued for more than an hour. Green seemed to express at least some skepticism about the defense of the current version.

TRO Now Blocking Health Exchange Ballot Language in Missouri August 22, 2012

Secretary of State Robin Carnahan will have to wait a little longer before she can lock-in the wording of a controversial ballot issue set for November. A Cole County Judge Tuesday issued a temporary restraining order against the secretary of state over the ballot language of an issue on health insurance exchanges. Lieutenant Governor Peter Kinder says the word used by Carnahan unduly influence voters to vote against the measure. The ballot question seeks to stop the implementation of health insurance exchanges unless first ratified by the state legislature or a vote of the people. The exchanges are a pivotal part of the nationwide health care plan drawn up by the Obama administration. The judge will hold a complete hearing on the case on August 28th.

Missouri Lt. Governor’s Race Issue, Who Hates the Healthcare Law the Most? July 6, 2012

A tough primary fight has two Missouri Republicans taking different approaches to the latest GOP resistance to the President’s health care overhaul law.
Thursday, challenger St. senator Brad Lager called for a special session of the legislature to deal with the Affordable HealthCare Act.
many Republicans call it ‘Obamacare’.
His primary opponent, incumbent Lt. Governor Peter Kinder says he’ll file a lawsuit over the matter.
The battle is over the language of a November ballot issue inMissouri.
The proposal asks for voters how they want healthcare exchanges to be formed. An exchange would organize uninsured Missouri in to a group in order to purchase health insurance collectively.
A law passed by the legislature this year would require any such move, or federal money for such a move, to be approved by the Republican-controlled legislature.
Kinder, Lager, and many others in the GOP don’t like how Democratic Secretary of State Robin Carnahan is describing the measure on the ballot.
“It reads: “Shall Missouri law be amended to deny individuals, families, and small businesses the ability to access affordable health care plans through a state-based health benefit exchange unless authorized by statute, initiative or referendum or through an exchange operated by the federal government as required by the federal health care act?
” “To use the very active verb ‘deny’ individuals, families and small businesses the ability to access affordable healthcare plans is outrageously biased,” Kinder told reporters Thursday.
He says he may file his suit as early as Friday.
Kinder formed a non-profit group in 2010 to challenge the healthcare law.
The Lt. governor’s primary opponent, Lager dismissed the Kinder effort, according to the Kansas City Star.
““Politically motivated lawsuits and high-priced lawyers are not going to solve the problems in our state. What we really need is for our state’s elected officials to get to work and lead”, Lager said.
Thursday Lager called on Missouri’s Democratic Governor Jay Nixon, to call a special session to deal with the healthcare law and it’s impact onMissouri.
Lager says if Nixon, the Democrat won’t call the session, the. GOP leadership in the legislature should call lawmakers back.
Kinder fired back during his news conference.
The Star reports Kinder called this strategy “wholly irrelevant,” contending that it would only result in political grandstanding during an election year without actually accomplishing anything meaningful.
A spokesman for the Democratic Secretary of State, Carnahan says the wording of the question on the ballot is fair and is legal.