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.
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