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?
The language was incredibly partisan and attempted to promote Obamacare through the ballot language. Missouri's Lt. Gov. filed suit and won his case today:
Cole County Circuit Judge Daniel Green today ruled in favor of Lt. Governor Kinder and legislative leaders in their legal challenge to Secretary of State Robin Carnahan’s ballot summary regarding state health insurance exchanges.
Judge Green heard arguments this morning on the legality of the ballot summary. Jay Kanzler, attorney for Lt. Governor Kinder and other plaintiffs, argued Carnahan’s language was biased, misleading and partial as a matter of law.
In his order, Judge Green wrote that “correct ballot summary is warranted” according to state law, and that the new ballot language should say, “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?”
Kinder called the ruling an “enormous victory” for Missouri voters.
The other plaintiffs in the case include Senate President Pro Tem Rob Mayer, Senate Majority Floor Leader Tom Dempsey, Former House Speaker Steven Tilley, and Speaker Elect Tim Jones. They filed their petition on July 10 in Cole County Circuit Court. Carnahan filed her answer on Aug. 14, and the plaintiffs filed their motion for summary judgment on Aug. 15.
The ruling wasn't just a victory for the plaintiffs, it was a victory for all Missouri voters.