Another rejection of a petition for a referendum on the subject of HB 126 – which radically shuts down abortion in Missouri.
Another press release:
For immediate release: June 11, 2019
Ashcroft Rejects Third Referendum Petition
Jefferson City, Mo. — Missouri Secretary of State Jay Ashcroft today rejected the third referendum petition on House Bill 126 for failing to comply with the Missouri Constitution. On May 17, 2019, the legislature passed HB126. The Governor signed HB126 on May 24 which included an “emergency clause,” a section that made a portion of the law effective immediately.
“The Constitution of Missouri may not be changed – and never has been changed – without a vote of the people,” Ashcroft said.
Approving a referendum petition in which a portion of the law is already in effect would set a new precedent in Missouri. Although the Missouri Constitution (Article III, Section 49) states the people may approve or reject by referendum any “act” of the general assembly, never in Missouri history has a secretary of state approved a referendum petition in which a portion of the law was already in effect. Additionally, a secretary of state has never approved a referendum of only a portion of an act of the legislature.
A small number of state constitutions provide an option to refer a portion of a law to the people for a vote, but Missouri does not have that option. As an example, the Maryland Constitution provides for a referendum of “any Act, or part of any Act” of the general assembly. In Oregon, a referendum on an “Act or part thereof” may be ordered by a petition. The State of Washington’s Constitution allows for a referendum of “all or part of any act, bill, or law” passed by the legislature. The Constitution of Arizona provides for a referendum of “any item, section, or part of any measure” and allows for the rest of the measure to become law.
“The question is,” said Humpty Dumpty, “which is to be master—that’s all.” – Lewis Carroll, Through the Looking-Glass
In the Missouri Constitution:
Section 52(a). A referendum may be ordered (except as to laws necessary for the immediate preservation of the public peace, health or safety, and laws making appropriations for the current expenses of the state government, for the maintenance of state institutions and for the support of public schools) either by petitions signed by five percent of the legal voters in each of two-thirds of the congressional districts in the state, or by the general assembly, as other bills are enacted. Referendum petitions shall be filed with the secretary of state not more than ninety days after the final adjournment of the session of the general assembly which passed the bill on which the referendum is demanded.
Source: Const. of 1875, Art. IV, § 57.
Uh, the Maryland, Oregon, Arizona, etc. state Constitutions have nothing to do with Missouri.
“…it means just what I choose it to mean—neither more nor less…”
“…Referendum petitions shall be filed with the secretary of state not more than ninety days after the final adjournment of the session of the general assembly which passed the bill on which the referendum is demanded.”
The petition has to be filled not more than ninety days after the final adjournment of the General Assembly which passed the law. That’s it. There’s no restriction if the law is in “effect” or not at the time the petition is filled.
So, Jay, tell us who’s trying to rewrite the Missouri Constitution without a vote of the people?
HB 126 and HB 127: catering to their single issue base (December 3, 2018)
Gov. Mike Parson (r): Alabama, hold my beer… (May 15, 2019)
Gov. Mike Parson (r): New York is shorthand for what? (May 16, 2019)
Medieval (May 17, 2019)
HB 126: the elephant in the womb (May 24, 2019)
HB 126: “…here for the ratio” (May 25, 2016)
Missouri: Medieval (May 28, 2019)
ACLU: Referendum Petition filed on HB 126 (May 28, 2019)
Our nation turns its eyes to Missouri (June 1, 2019)
In the Medieval State of Missouri (June 4, 2019)
Secretary of State Jay Ashcroft (r): Emergency! Emergency! (June 7, 2019)