JEFFERSON CITY — A courtroom battle over the latest attempt by Missouri Republicans to restrict abortion rights is putting a new law to the test.
Under a statute approved by the GOP-controlled Legislature this spring, Republican Secretary of State Denny Hoskins has three chances to draft ballot language for a proposed constitutional amendment that would repeal the restoration of abortion rights approved by 52% of Missouri voters last year.
On Tuesday, Hoskins first attempt was tossed out by Cole County Circuit Judge Daniel Green, who said the secretary’s proposed description was “insufficient and unfair” and must be revised because it did not notify voters that it would repeal last year’s successful amendment.
Green wrote Hoskins’ summary “fails to adequately alert voters that the proposed constitutional amendment would abrogate (last year’s amendment,) which voters recently approved.”
Under the new law, which Republicans sought as a way to rein in judges from having the sole discretion to rewrite ballot language, Hoskins now has until Sunday to try to convince Green again.
At issue is a lawsuit filed by the American Civil Liberties Union and the Stinson law firm in July asking a judge to stop Hoskins from certifying a misleading summary statement and ballot language for a statewide ballot initiative seeking to overturn voter-approved protections for reproductive rights.
The ACLU said the ballot language fails to inform voters that, if approved, it will eliminate a woman’s right to abortion.
The lawsuit also said the language approved by Hoskins wrongly suggests that constitutional protections for prenatal care, childbirth, postpartum care and birth control would be abolished, while also ending protections for doctors who perform the procedure.
In placing the repeal on the ballot, GOP lawmakers argued last year’s Amendment 3 went too far and said Missourians were deceived through a misleading campaign funded by out-of-state interests.
Under the new law, any ballot title deemed insufficient or unfair by a judge will be sent back to the secretary of state up to three times for revision. If, after three attempts, the courts still find the language unacceptable, a judge is then allowed to write the language.
Under one legal scenario, Hoskins could submit the same language to Green each time, forcing the issue to be decided on appeal.
Hoskins, a former senator who is opposed to abortion, said he is not playing politics with the process.
In a written explanation issued Tuesday, Hoskins said the new law giving him three chances to convince Green “provides an orderly, transparent process for moving forward when inevitable litigation arises.
“This process is not designed to give one officeholder political advantage. It is designed to make sure that when Missourians cast their votes, the language they see is accurate, fair, and constitutional,” he added.
While Green is holding up the ballot language, he did sign off on a summary statement outlining what a “yes” or “no” vote will mean at the polls after Hoskins submitted a new version last week. The ballot summary statement is posted to the Secretary of State’s website.
The new summary says a vote in favor of the proposed repeal would guarantee women’s medical care for medical emergencies, ectopic pregnancies and miscarriages. It also states the change would authorize laws to regulate abortion providers and facilities to ensure health and safety and require minors to have parental consent.
The judge had required Hoskins to rewrite the summary, saying the previous wording was misleading because it also failed to state abortion would be banned in most cases if voters sign off on the referendum.
In his ruling Tuesday, Green deemed the new summary sufficient.
For now, access to abortion in Missouri remains limited amid litigation over disagreements on how far the state can go in implementing regulations affecting the procedure, such as waiting periods and rules for attending physicians.
Prior to last year’s voter-approved restoration of abortion rights, nearly all abortions were illegal in Missouri, with some exceptions for medical emergencies.
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Kurt Erickson | Post-Dispatch
Jefferson City reporter
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