The Missouri Senate recently voted on a bill proposed by Sen. Rick Brattin, R-Harrisonville, that limits the ability of courts to revise ballot language drafted by the Legislature. The bill gives the secretary of state three chances to revise ballot language submitted by the Legislature in case of a legal challenge. If the courts are not satisfied with the revisions, the judicial branch would then have the power to craft the final language. Brattin argued that it is a violation of the separation of powers for anyone other than the secretary of state to write or revise ballot language.
The proposed legislation comes as Republicans are pushing ballot measures to partially reverse the constitutional amendment allowing abortion that voters approved last year. Brattin’s proposal would not change judicial oversight of ballot summaries proposed through initiative petitions.
Initially, Brattin’s proposal would have completely prohibited courts from revising ballot language. However, after opposition from Democrats who argue that courts provide nonpartisan guidance on ballot measures, the bill was modified to allow courts to have a say in the final language.
The legislation, known as Senate Bill 22, also increases the number of words allowed for resolutions summaries from 50 to 100, aligning it with the amount allowed for citizen-driven initiatives. Brattin’s efforts highlight the ongoing debate over who has the authority to determine the language that voters see when weighing in on important issues in Missouri.
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