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Jay Kanzler stands before Judge Daniel Green, background, while Chris Kanzler, foreground right, and Jeremiah Morgan, at right, listen during a hearing Tuesday. The Kanzlers represent Lt. Governor Peter Kinder and Morgan represents Robin Carnahan in the lawsuit challenging the ballot title on a measure on health care exchanges. Photo by Julie Smith.
Tuesday, August 28, 2012
Cole County Circuit Judge Dan Green agreed with the challengers Tuesday, accepting one of their alternative proposals as the ballot language voters will see Nov. 6 on a measure about “health care exchanges.”
Green released his two-page opinion Tuesday afternoon, a little over five hours after hearing lawyers for both sides argue about the language Secretary of State Robin Carnahan wrote for a proposed law the General Assembly placed on the ballot, prohibiting the state from creating state-based health care exchanges unless ordered to do so by lawmakers or by voters through an initiative petition.
Carnahan announced her language on July 3.
Lt. Gov. Peter Kinder, a Republican, and top GOP leaders of the House and Senate filed their lawsuit July 10.
Green’s judgment agreed that Carnahan’s ballot language is not, as state law requires, “a true and impartial statement of the purposes of the proposed measure in language neither intentionally argumentative nor likely to create prejudice either for or against the proposed measure.”
Green also ruled the ballot title “is not fair and sufficient” as the law requires.
An appeal is expected.
Comments
MO4LIFE 8 months, 3 weeks ago
We should have seen that one coming from a republican judge. They are taking care of there own. Lets vote all incumbents out and start with fresh faces across the board local state and federal.
Bucky 8 months, 3 weeks ago
Yeah, how could anyone misconstrue such a clear and impartial title as, ""Shall Missouri law be amended to deny individuals, families, and small businesses the ability to access affordable health care plans...." No hot button words there.
In fact, I don't think Carnahan was trying to game the system. She is way too professional for that.
(all of the above is sarcasm)
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