Tag Archives: referendum

Secretary of State Jay Ashcroft (r): “…it means just what I choose it to mean—neither more nor less…”

12 Wednesday Jun 2019

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Another rejection of a petition for a referendum on the subject of HB 126 – which radically shuts down abortion in Missouri.

Pre 1973 2019 medical equipment.

Secretary of State Jay Ashcroft (r) [2019 file photo].

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.

—30—

“The question is,” said Humpty Dumpty, “which is to be master—that’s all.” – Lewis Carroll, Through the Looking-Glass

In the Missouri Constitution:

Article III
LEGISLATIVE DEPARTMENT
Section 52a

Referendum–exceptions–procedure.

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?

Previously:

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)

Sen. Denny Hoskins (r): post session victory dance over any individal woman’s personal medical decisions (May 17, 2019)

Rep. Vicky Hartzler (r): the 13th Century GOP in 21st Century America (May 20, 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)

Women’s Health Care in Missouri – 1, Gov. Mike Parson (r) – 0 (May 31, 2019)

Our nation turns its eyes to Missouri (June 1, 2019)

State Auditor Nicole Galloway (D): Gov. Mike Parson (r) and HB 126 – “…extreme and cruel.” (June 3, 2019)

In the Medieval State of Missouri (June 4, 2019)

Secretary of State Jay Ashcroft (r): Emergency! Emergency! (June 7, 2019)

Campaign Finance: fighting HB 126

Secretary of State Jay Ashcroft (r): Emergency! Emergency!

07 Friday Jun 2019

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“…This move is so predictable, we’ve already assembled our suit to require the Secretary of State to put aside his anti-abortion agenda and do his job by certifying the referendum.”

Pre 1973 2019 medical equipment.

Missouri Secretary of Jay Ashcroft (r) [2017 file photo].

From the office of Missouri Secretary of State Jay Ashcroft (r):

For immediate release: June 6, 2019
[….]
Ashcroft Rejects Two Referendum Petitions

Jefferson City, Mo. — Missouri Secretary of State Jay Ashcroft today held a press conference to announce the rejection of two referendum petitions for failing to comply with the Missouri Constitution.

On May 17, 2019, the legislature passed HB126, called the “Heartbeat Bill”. The Governor signed HB126 on May 24, which included a section that made a portion of the law effective immediately. It stated: “Because of the need to protect the health and safety of women and their children, both unborn and born, the repeal and reenactment of section 188.028 of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety and is hereby declared to be an emergency act within the meaning of the constitution, and the repeal and reenactment of section 188.028 of this act shall be in full force and effect upon its passage and approval.” This emergency clause was approved, as required in Article III, Section 29 of the Constitution, by two-thirds of the legislature.

Article III of the Constitution reserves the people’s power to approve or reject acts of the legislature, called a referendum, which may occur on bills passed by the House and Senate. To begin the referendum process, a referendum petition must be filed with the Secretary of State not less than 90 days after the end of the legislative session during which the bill was approved. Once filed, the referendum petition is examined by the Secretary of State, and transmitted to the Attorney General and Auditor for review. State law requires the Secretary of State to approve or reject a petition. If approved, the referendum petition may be circulated for signatures, and will be placed on the ballot of the next general election if it meets the signature requirements as described in Article III, Section 52(a) of the constitution.

There are certain limits to the people’s right to a referendum. Specifically, Article III, Section 52(a) makes exceptions for “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.”

Because the legislature approved HB126 and its emergency clause with the constitutionally-required two-thirds vote of both houses of the legislature, HB126 may not be referred to the people.

—30—

Apparently the emergency is that women in Missouri aren’t supposed to have the autonomy to make their own health care decisions.

This will go to court.

Alison Dreith @alidreith
Denying the people their constitutional right to referendum is a sad and cynical ploy, but it is not surprising given that HB126’s entire purpose is to elevate the legislature above constitutional rights. The @aclu_mo will see @MissouriSOS @JayAshcroftMO in court.
[….]
11:46 AM – 6 Jun 2019

Uh, yep:

MO Secretary of State Creates Sham Emergency, Rejects Referendum

June 6, 2019 – 12:00pm
Statement attributed to Tony Rothert, Acting Executive Director, ACLU of Missouri

The Missouri constitution gives citizens the right to veto a newly enacted law by referendum.

Secretary of State John Ashcroft is caught up in Missouri politicians’ longing to be the first state in the nation to ban abortion. Predictably, he is trying to deprive Missourians’ of their right to weigh in on the abortion question with a vote.

Denying the people their constitutional right to referendum is a sad and cynical ploy, but it is not surprising given that HB126’s entire purpose is to elevate the legislature above constitutional rights.
This cowardly move by the Secretary of State proves that Missouri’s anti-abortion zealots understand that they’re acting against the wishes of the majority. They hope to short-circuit the people’s vote because they know they will lose if the people get their say.

This move is so predictable, we’ve already assembled our suit to require the Secretary of State to put aside his anti-abortion agenda and do his job by certifying the referendum.

Previously:

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)

Sen. Denny Hoskins (r): post session victory dance over any individal woman’s personal medical decisions (May 17, 2019)

Rep. Vicky Hartzler (r): the 13th Century GOP in 21st Century America (May 20, 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)

Women’s Health Care in Missouri – 1, Gov. Mike Parson (r) – 0 (May 31, 2019)

Our nation turns its eyes to Missouri (June 1, 2019)

State Auditor Nicole Galloway (D): Gov. Mike Parson (r) and HB 126 – “…extreme and cruel.” (June 3, 2019)

In the Medieval State of Missouri (June 4, 2019)

ACLU: Referendum Petition filed on HB 126

28 Tuesday May 2019

Posted by in Missouri General Assembly, Missouri Governor, Missouri House, Missouri Senate, Resist

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Pre 1973 2019 medical equipment.

Today:

ACLU-MO files Referendum Petition to stop MO’s anti-abortion law
May 28, 2019 – 12:45pm

Jefferson City – The ACLU of Missouri submitted a referendum petition to the Missouri Secretary of State to be approved for circulation.

This is the first step to bring Missouri’s anti-abortion law before the voters. The referendum will need to be certified for circulation and then over 100,000 signatures will need to be gathered to place the issue on the ballot. Once the signatures are submitted, the law cannot go into effect until a statewide vote has been made. A simple majority vote will veto the law.

Missourians oppose ending legal abortion. The Missouri General Assembly, trying to outdo the misguided and extreme examples of anti-abortion politicians in Alabama, Ohio, Georgia, and Kentucky, has made its intention clear: it wants to ban all abortion. Preventing Missourians from accessing abortion after eight weeks, before some even know they are pregnant, is unconstitutional and dangerous.

Abortion access is healthcare. HB 126, the law that will be put before Missouri voters, would criminalize doctors who perform abortions and force pregnant individuals to carry an unwanted pregnancy to term, including in cases of rape and incest and even if the pregnancy is not viable or is risky for the woman.

“Failing to protect the right to an abortion violates the individual freedom of Missourians. HB 126 runs counter to our shared belief in autonomy and it has devastating health consequences for Missourians who become pregnant,” said Sara Baker, legislative and policy director with the ACLU of Missouri.

Passing an eight week abortion ban is an example of government overreach and disregard for the constitutional rights of Missourians. The ACLU of Missouri will continue to explore all options to stopping HB 126.
“The Constitution gives pregnant individuals the right to make the decision whether to end a pregnancy,” said Tony Rothert, legal director of the ACLU of Missouri. “We will make sure that abortion remains legal in Missouri.”

HB 126 can be submitted to the voters for disapproval. In the Missouri Constitution:

Article III
LEGISLATIVE DEPARTMENT
Section 49

Reservation of power to enact and reject laws.

Section 49. The people reserve power to propose and enact or reject laws and amendments to the constitution by the initiative, independent of the general assembly, and also reserve power to approve or reject by referendum any act of the general assembly, except as hereinafter provided.

Article III
LEGISLATIVE DEPARTMENT
Section 52a

Referendum–exceptions–procedure.

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.

Article III
LEGISLATIVE DEPARTMENT
Section 52b

Veto power–elections–effective date.

Section 52(b). The veto power of the governor shall not extend to measures referred to the people. All elections on measures referred to the people shall be had at the general state elections, except when the general assembly shall order a special election. Any measure referred to the people shall take effect when approved by a majority of the votes cast thereon, and not otherwise. This section shall not be construed to deprive any member of the general assembly of the right to introduce any measure.

And in RSMo §116.

Previously:

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)

Sen. Denny Hoskins (r): post session victory dance over any individal woman’s personal medical decisions (May 17, 2019)

Rep. Vicky Hartzler (r): the 13th Century GOP in 21st Century America (May 20, 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)

Campaign Finance: Kansas City "Decline to Sign Committee" – in support of the Plaza office building

16 Monday May 2011

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The struggle over a Kansas City Plaza office building for a law firm (or not) will evidently continue through a referendum process.

Council overrides Funkhouser veto, but referendum threat remains

Posted: 05/05/2011

By: Chris Hernandez

KANSAS CITY, Missouri – The Friends of the Plaza group says it has enough signatures to start a referendum process….

….Highwoods Properties, the owner of the Country Club Plaza, says it will launch a “Decline to Sign” campaign.

They’re already talking with a local political consultant.

“The referendum will be something we will fight. We think the people behind it should accept the decision of two separate city councils,” said Spencer Thomson, an attorney and spokesman for Highwoods.

The veto override allows the plaza project to move forward….

Yesterday at the Missouri Ethics Commission:

CONTRIBUTION OF MORE THAN $5,000.00 RECEIVED BY ANY COMMITTEE FROM ANY SINGLE DONOR – TO BE FILED WITHIN 48 HOURS OF RECEIVING THE CONTRIBUTION

A111104 DECLINE TO SIGN COMMITTEE 5/15/2011

Husch Blackwell

4801 Main Street

Kansas City, MO 64112

5/14/2011

$25,000.00

[emphasis added]

Solidarity?

That’s a lot of bucks. But, we know from experience that city referendums can get really expensive.

CAMPAIGN Date Established: 5/10/2011

Date Terminated:

COMMITTEE: MECID: A111104

DECLINE TO SIGN COMMITTEE….

[emphasis added]

The committee filed its organization paperwork with the Missouri Ethics Commission on May 10, 2011, citing [pdf] their raison d’être under “Ballot Measure(s) Supported Or Opposed” as “Referendum on city ordinance” which would take place on November 8, 2011.